Agenda and minutes

Apologies for absence were received from Councillors Lights and Newby.

To approve and sign the minutes of the meetings held on 20 February and 27 March 2023.

The minutes of the meetings held on 20 February and 27 March 2023 were taken as read, approved and signed by the Chair as correct.

Councillor D. Moore asked for her absence during the consideration of Min. No. 10 of the minutes of 20 February 2023 to be noted as she had declared a disclosable pecuniary interest.

No declarations of interest were made by Members.

To consider the report of the Director City Development.

The Principal Project Manager (Development Management) (CC) presented the application for six detached, five-bedroom residential dwellings and associated access and landscaping

The report also setting out the following key elements:-

·         the principle of development;

·         scale, design, impact on character and appearance;

·         contamination;

·         biodiversity;

·         impact on amenity; and

·         highways and drainage.

The Principal Project Manager (Development Management) (CC) described the location of the site through photos, aerial views, an illustrative layout plan and drawings and provided the following additional detail:-

·         the application was for six detached, five bedroom dwellings at the former Newbery Car Breakers site on Redhills on the north-west edge of the city. The site was 0.33 hectares in size bounded on all sides by trees covered by Tree Preservation Orders and was within a Landscape Setting area;

·         there was a long history of planning applications for development of this site as residential, with the most recent being an Outline consent approved in 2017 for five dwellings.

·         two objections had been received in relation to the application raising concerns over the number of dwellings proposed and that five on the site was sufficient. A further objection had been received, raising concerns over the provision of a footpath for occupants, stating a reliance on highway works for the scheme to the north and that the developer should provide a footpath within their site, potentially connecting through third party land;

·         the proposed dwellings were spread through the site and would be accessed by a private road from the existing access point onto Redhills;

·         in terms of the landscape setting, there were previous approvals for development of this site, as well as approved appeals in the surrounding area and it was considered that the impacts on the landscape setting were acceptable, with the site seeing a high level of screening by the surrounding trees;

·         submitted surveys noted bat species in the surrounding area, as well as the potential for the surrounding trees to be used as roosts;

·         there was not considered to be any significant amenity impacts on the surrounding area, with a good distance to dwellings to the north-east and south-west, and screening provided by the existing trees on the site.

·         the primary area for discussion had been around the pedestrian links from the site. This part of Redhills had no pedestrian footway and it was not proposed to install one as part of this application. The Highway Authority had been consulted on the proposal and had advised that, due to the low number of pedestrian movements from the site it was not necessary or justified to mitigate for the level of movements and that any works would create an unacceptable narrowing of the vehicle highway. Previous approvals on this site were without a footway and, whilst it is noted that these were for fewer dwellings, the Highway Authority has confirmed that the proposed six dwellings would be similar in movements to that previously approved and mitigation would not be required;

·         the trees along the boundary were protected by Tree Preservation  ...  view the full minutes text for item 29.

To consider the report of the Director City Development.

The Principal Project Manager (Development Management) (CC) presented the application for the construction of two, one bedroom, two person dwellings with external space, landscaping and associated works.

At the Planning Committee held on 27 March 2023, Members had been minded to refuse the application and it was resolved to defer the application to allow for the technical reason for refusal to be clarified.

Members wished for the reasons to reflect the divergence in design and appearance between the proposed development and the surrounding townscape, taking into account its incongruous position, layout, external materials and architectural detailing.

Since the last Committee, notification had been received from the applicant that they had lodged a non-determination appeal, but this had not been verified by the Planning Inspectorate. Because of this, a decision could not be issued as the regulations that would have allowed a decision to be made had not been enacted.

The recommendation was for refusal for the reason set out in the report.

The recommendation was moved and seconded, put to the vote and carried unanimously.

RESOLVED that:-

(1)        in the event of the Planning Inspectorate verifying the application for non-determination, the following reason for refusing the application for the construction of two, one bedroom, two person dwellings with external space, landscaping and associated works be AGREED to go forward as evidence in support of the Council’s case at appeal:-

the proposal is contrary to Paragraph 130 of the National Planning Policy Framework, the National Design Guide, Objective 9 and Policies CP4 and CP17 of the Exeter Local Development Framework Core Strategy, Policies DG1 (a), DG1 (b), DG1 (d) DG1 (G), DG1 (h) and DG1 (i) of the Exeter Local Plan First Review 1995-2011 and Chapter 7 of the Council's Residential Design Supplementary Planning Document because by virtue of its position, size, layout and design the proposed dwellings would:-

a)    result in overdevelopment within a designed housing estate which is incongruous with its distinct landscaped and designed character,

b)    result in a development out of character with the urban grain, massing, fenestration and materials used within the surrounding designed housing estate, having a detrimental impact upon the overall quality of the area, specifically its character, appearance and layout.

(2)        in the event of the Planning Inspectorate not verifying the application for non-determination, the application for the construction of two, one bedroom, two person dwellings with external space, landscaping and associated works be REFUSED for the following reason:-

the proposal is contrary to Paragraph 130 of the National Planning Policy Framework, the National Design Guide, Objective 9 and Policies CP4 and CP17 of the Exeter Local Development Framework Core Strategy, Policies DG1 (a), DG1 (b), DG1 (d) DG1 (G), DG1 (h) and DG1 (i) of the Exeter Local Plan First Review 1995-2011 and Chapter 7 of the Council's Residential Design Supplementary Planning Document because by virtue of its position, size, layout and design the proposed dwellings would:-

a)    result in overdevelopment within a designed housing estate which is incongruous with its distinct  ...  view the full minutes text for item 30.

To consider the report of the Director City Development.

The report of the Director City Development was submitted.

In response to a question from a Member in respect of application number 22/1682/PDPV, the Chair agreed that a written response be provided to her on the reason for refusal.

RESOLVED that the report be noted.

To consider the report of the Director City Development.

The schedule of appeal decisions and appeals lodged was submitted.

RESOLVED that the report be noted.

The date and membership of the next Site Inspection Party will be advised.

RESOLVED that the Membership, time and date of the next Site Inspection Party would be advised.

The Chair referred to the forthcoming retirement from the Council at the local government elections on 4 May 2023 of the current Lord Mayor, Councillor Yolonda Henson. Councillor Mrs Henson had served on the Council for 39 years and, during that time had made a significant contribution in her role as a Planning Committee Member, also serving for a period as the Chair of the Committee. On behalf of Members, the Chair wished Councillor Mrs Henson well for the future.

The Chair announced that Councillor Rachel Sutton would be standing down at the forthcoming local government elections on 4 May 2023 and thanked her for her service on the Council and, in particular, in her capacity as Portfolio Holder and both Chair and Deputy Chair of the Planning Committee. On behalf of Members she wished Councillor Sutton well for the future.