Agenda and draft minutes

Virtual Meeting, Planning Committee - Monday 22nd February 2021 5.30 pm

Venue: Legislation has been passed that allows Council's to conduct Committee meetings remotely

Contact: Howard Bassett, Democratic Services Officer (Committees)  01392 265107 or email  howard.bassett@exeter.gov.uk

Items
No. Item

7.

Minutes pdf icon PDF 234 KB

To approve and sign the minutes of the meeting held on 18 January 2021.

 

 

Minutes:

The minutes of the meeting held on 18 January 2021 were taken as read, and approved as correct to be signed by the Chair at the earliest possible convenience.

 

8.

Declarations of Interest

Councillors are reminded of the need to declare any disclosable pecuniary interests that relate to business on the agenda and which have not already been included in the register of interests, before any discussion takes place on the item. Unless the interest is sensitive, you must also disclose the nature of the interest. In accordance with the Council's Code of Conduct, you must then leave the room and must not participate in any further discussion of the item. Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.

 

Minutes:

No declarations of interest were made by Members.

 

 

9.

Planning Application No. 20/0849/RES - Land at Clyst Road, Topsham, Exeter pdf icon PDF 331 KB

To consider the report of the Director City Development, Housing and Supporting People.

 

 

Additional documents:

Minutes:

The Principal Project Manager (Development) (MH) presented the application for the approval of reserved matters (Appearance, landscaping, layout and scale) for 155 dwellings relating to outline planning application (Reference 17/1148/OUT) approved on 14th January 2019 via appeal.

 

The Principal Project Manager (Development) set out a detailed description of the site and surrounding area and referred to the following key issues:-

 

·         the principle of development established through outline planning permission granted on appeal ref 17/1148/OUT;

·         the layout, scale, design, impact on character and appearance and impact on amenity of surroundings and landscape or heritage aspects;

·         affordable housing;

·         the absence of a five year land supply;

·         access and impact on trees and bio-diversity;

·         flood risk and surface water management;

·         sustainable construction and energy conservation; and

·         economic benefits and CIL/Section 106; and

·         the location considered to be sustainable and the proposal acceptable in its design and general visual impact and was not considered to be of any significant harm to neighbouring residential amenity.

 

The Principal Project Manager (Development) responded as follows to Members’ queries:-

 

·         the applicant would be required to undertake highway works under Section 278 of the Highways Act 1980 to provide for appropriate footpath provision from the site along Clyst Road to the junction with Denver Road, indicative drawings having showed that these would be broadly in compliance with outline approval;

·         the affordable housing provision would be a mix of 72% one and two bed, 24% three bed and 4% four bed; and

·         a management company would be responsible for the maintenance of the open space.

 

Jenny Mitter spoke in support of the application. She raised the following points:-

 

·         speaking on behalf of the applicant Taylor Wimpey;

·         the principle of development has been established through the previous outline approval which was secured via appeal in 2019 by Waddeton Park Ltd;

·         provides 155 predominantly 2 storey dwellings ranging from one bed apartments to five bed houses with 35% of the housing affordable;

·         12% of the site area is dedicated to public open space including a large equipped children’s play area;

·         a tree-lined avenue running north to south is provided, with large areas of open space at the two access points. The greatest density of development will be concentrated to the west of the site adjacent to the railway line with a good separation between the proposed and existing dwellings along Highfield and Clyst Road;

·         the existing footway between the site and Denver Road will be improved with a continuous footpath from the site entrance to Denver Road;

·         provides a net gain in biodiversity and has been designed to reduce emissions by 19% over 2013 Building Regulations including the provision for solar panels. Good cycle parking and a car club space will be provided and dwellings will be designed to be electric vehicle charging ready;

·         Taylor Wimpey will provide a further £37,500 towards improvements within Topsham Recreation Ground; and

·         the scheme is technically acceptable and addresses housing need delivering much needed new homes including 54 affordable dwellings.

 

Members expressed the following  ...  view the full minutes text for item 9.

10.

Planning Application No. 20/0803/FUL - Globe Inn, 39 Clifton Road, Exeter pdf icon PDF 496 KB

To consider the report of the Director City Development, Housing and Supporting People.

 

 

Additional documents:

Minutes:

The Project Manager (Planning) presented the application for the change of Use from Public House (Class A4) to Children's Home (Class C2).

 

The Project Manager (Planning) highlighted the following:-

 

·         three floors of accommodation were proposed, the upper floors would provide five places for children aged between 8 and 16, two staff bedrooms and some communal area for dining and recreation, a communal area on the middle floor would be provided with some bedrooms and on the upper floor a kitchen and more bedroomsand staff quarters. On the ground floor, three studio apartments for 16 to 18 year olds plus one additional staff bedroom were proposed;

·         whilst the Council did not have a policy to retain public houses, it was necessary to demonstrate potential demand for an alternative community use. The property had been marketed widely as a public house but no offers made;

·         community facilities had a broad definition at both the national and the local level and the provision of a children’s home in meeting the community and welfare needs of the area was in accord with policy CP10 of the Council’s core strategy. The principal of the change of use was considered compliant with national and local policy and the county council had confirmed there is a need for additional children’s homes in the area;

·         public consultations had been carried out in July 2020 and January 2021, with 17 letters of objection and two in support received for the former and 14 letters of objection and one of support for the latter;

·         as well as the pub loss, objections related to concern over the impact on neighbouring residential properties in terms of noise and disturbance, potential anti-social and criminal behaviour and loss of privacy. Some objectors considered that staffing levels would be insufficient with reservations about the welfare of the children;

·         the Devon and Cornwall Police Designing Out Crime Officer initially had significant concerns highlighting that out of 25 wards and beats in the Exeter area, Newtown was the 5th highest in respect of numbers of offences but, ultimately the mitigation measures put forward had been acceptable;

·         there would be significant level of inspection and regulatory oversight by OFSTED with regular inspections including from independent visitors. Each person placed in the home would have a social worker with frequent visits and neighbouring residents would be given contact details to make complaints and contact could be made 24/7.

·         the main compromise in respect of mitigation measures had been in respect of CCTV coverage as the courts would have to approve the installation inside the building which OFSTED did not support and, as a result, CCTV would only be mounted on the side of the building overlooking the current car park area;

·         information had been submitted on day to day management outlining in detail many aspects of the running of the home including admissions procedures, staff training and development and safeguarding;

·         a key document was the missing persons protocol setting out procedures for deterring escape;

·         external  ...  view the full minutes text for item 10.

11.

Planning Application No. 19/1465/OUT - Land Adjoining Exeter Road, Topsham, Exeter pdf icon PDF 124 KB

To consider the report of the Director City Development, Housing and Supporting People.

 

 

Additional documents:

Minutes:

The Principal Project Manager (Development) (MH) explained that the proposal was anapplication for outline planning permission for the construction of up to 24 dwellings (Use Class C3) - Means of access to be determined only (All other matters reserved).

 

The Principal Project Manager (Development) reported that Planning Committee on 12 October 2020 had resolved to grant planning permission subject to completion of a Section 106 Agreement covering the matters set out in the report to that Committee below which included financial Education contributions as requested by Devon County Council as the Education Authority.

 

Whilst work on the drafting of the Agreement was underway, in the meantime the County Council had reconsidered their consultation response in respect of required education contributions in the light of the opening of the new Monkerton Primary School. As a result of the opening of this school the County Council had provided a revised consultation response stating in respect of this development that there was now sufficient spare capacity to meet the primary and early years education demands arising from the development. Therefore the County Council was now only seeking an education contribution in respect of this development for secondary education provision/demands arising from the proposed housing amounting to £87,339.

 

There had been no other changes in respect of the proposal as previously considered by Planning Committee and therefore approval was sought from the Committee to re-iterate its previous resolution with an amendment to the Section 106 Agreement in respect of education contribution as follows:-

 

·         Affordable Housing;

·         Open space provision, maintenance and public access in perpetuity;

·         Education contributions - Secondary £87,339; and

 

All Section 106 contributions should be index linked from the date of resolution.

 

All conditions remained as set out in the original committee report and the dual recommendation in respect of refusal should the Section 106 Agreement not be completed also remained as previously recommended but with a revised deadline of 30 June 2021 for completion of the Section 106 Agreement.

 

The recommendation was for approval, subject to the conditions as set out in the report.

 

The recommendations were moved and seconded and, following a vote, carried

 

RESOLVED that, subject to the completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the following:-

 

·         affordable Housing;

·         open space provision, maintenance and public access in perpetuity; and

·         Education contributions Secondary £87,399.

 

All Section 106 contributions should be index linked from the date of resolution.

 

the Service Lead City Development be authorised to APPROVE planning permission for Outline planning application for the construction of up to 24 dwellings (Use Class C3) - Means of access to be determined only (All other matters reserved) be approved subject to the following conditions:-

 

1)         Application for the approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development hereby permitted must be begun not later than two years from the final  ...  view the full minutes text for item 11.

12.

Planning Application No. 20/0321/FUL - Land at Broom Park Nurseries and Five Acres, Exeter Road, pdf icon PDF 210 KB

To consider the report of the Director City Development, Housing and Supporting People.

 

 

Additional documents:

Minutes:

The Principal Project Manager (Development) (MH) presented the application for the demolition of existing buildings: Proposed residential development of 64 no. residential units, including affordable housing, plus open space, landscaping, car parking, cycle spaces, drainage, vehicular access, internal roads, provision of link road and all associated infrastructure and development.

 

The Principal Project Manager (Development) reported that Planning Committee on 12 October 2020 had resolved to grant planning permission subject to completion of a Section 106 Agreement covering the matters set out in the report to that Committee as set out below which included financial Education contributions as requested by Devon County Council as the Education Authority.

 

Whilst work on the drafting of the Agreement was underway, in the meantime the County Council had reconsidered their consultation response in respect of required education contributions in the light of the opening of the new Monkerton Primary School. As a result of the opening of this school the County Council had provided a revised consultation response stating in respect of this development that there was now sufficient spare capacity to meet the primary and early years’ education demands arising from the development. Therefore the County Council was now only seeking an education contribution in respect of this development for secondary education provision/demands arising from the proposed housing amounting to £206,407.

 

There had been no other changes in respect of the proposal as previously considered by Planning Committee and therefore approval was sought from the Committee to re-iterate its previous resolution with an amendment to the Section 106 Agreement in respect of education contributions as follows:-

 

·         Affordable housing;

·         Open space provision including equipped children’s play area, maintenance and public access in perpetuity;

·         Education contributions - Secondary £206,407;

·         Contribution of £26,838 towards enhanced GP facilities/provision in the locality;

·         £500 per dwelling towards sustainable travel measures (Travel Planning); and

·         Up to £10,000 Traffic Regulation Order contributions relating to the proposed raised tables, car club and electric cycle parking spaces.

 

All Section 106 contributions should be index linked from the date of resolution.

 

All conditions remained as set out in the original committee report and the dual recommendation in respect of refusal should the Section 106 Agreement not be completed also remained as previously recommended but with a revised deadline of 31 July 2021 for completion of the Section 106 Agreement.

 

The recommendation was for approval, subject to the conditions as set out in the report.

 

The recommendations were moved and seconded and, following a vote, carried

 

RESOLVED that, subject to the completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the following

 

·         Affordable housing;

·         Open space provision including equipped children’s play area, maintenance and public access in perpetuity;

·         Education contributions - Secondary £206,407;

·         Contribution of £26,838 towards enhanced GP facilities/provision in the locality;

·         £500 per dwelling towards sustainable travel measures (Travel Planning);

·         Up to £10,000 Traffic Regulation Order contributions relating to the proposed raised tables, car club and electric cycle parking spaces; and

·         All S106  ...  view the full minutes text for item 12.

13.

List of Decisions Made and Withdrawn Applications pdf icon PDF 16 KB

To consider the report of the Director City Development, Housing and Supporting People.

 

 

Additional documents:

Minutes:

The report of the Director City Development, Housing and Supporting People was submitted.

RESOLVED that the report be noted.

 

14.

Appeals Report pdf icon PDF 204 KB

To consider the report of the Director City Development, Housing and Supporting People.

 

 

Minutes:

The schedule of appeal decisions and appeals lodged was submitted.

 

RESOLVED that the report be noted.