Agenda and draft minutes

Virtual Meeting, Planning Committee - Monday 29th March 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

15.

Minutes pdf icon PDF 435 KB

To approve and sign the minutes of the meeting held on 22 February 2021.

 

 

 

Minutes:

The minutes of the meeting held on 22 February 2021 were taken as read, and approved as correct to be signed by the Chair at the earliest possible convenience.

 

 

16.

Correction to the minutes of the Planning Committee held on 26 October 2020

Members are asked to approve the following correction to the minutes of the Planning Committee held on 26 October 2020:-

 

Minute 81        Planning Application No. 19/1556/FUL – The Harlequin Centre, Paul Street, Exeter

 

Add the following bullet point to the resolution:

 

·         Details of the type of materials used on the highway (section 44 of the Highways Act 1980)

 

Explanation - The above bullet point was added to the list of items to be secured in a Section 106 legal agreement on the Additional Information Update Sheet. However, it was not included in the published minutes.

 

 

Minutes:

RESOLVED that, in respect of Minute No. 81 of the Planning Committee meeting of 26 October 2020 - Planning Application No. 19/1556/FUL – The Harlequin Centre, Paul Street, Exeter - the following bullet point be added to the resolution:-

 

·         Details of the type of materials used on the highway (section 44 of the Highways Act 1980).

 

 

17.

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.

 

 

18.

Planning Application No. 20/0439/MDO - Pinhoe Quarry, Harrington Lane, Exeter pdf icon PDF 275 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 to modify the Section 106 Agreement Under the Town and Country Planning Act 1990 (As amended) related to Outline Permission Ref 10/2088/OUT (the Section 106 Agreement).

 

The Principal Project Manager (Development) stated that the Planning Obligation was for the payment of the 'Exhibition Way Link Contribution' and “Sustainable Transport Contribution” required by the First Schedule of the Section 106 Agreement (dated 3rd February 2012) associated with planning application 10/2088/OUT in light of the changed circumstances and impact on the viability of the scheme. The modification sought to amend the obligation by a) reducing the amount of the contribution, b) redefining the purpose of the reduced contribution, and c) altering the trigger relating to the payment of the contribution. The modifications would replace the ‘Exhibition Way Link Contribution’ with a ‘Beacon Lane Enhancements Contribution’ and reduce the ‘Sustainable Transport Contribution’ to reflect works that had already been completed.

 

The Principal Project Manager (Development) set out the history to the site and the application for full permission for re-profiling of quarry to provide platform for accommodation of residential development and outline permission for up to 380 residential units, community facilities, shop, associated open spaces (including allotments) and infrastructure, reported typographical errors within the report as set out in the update sheet and explained that the relevant Section 106 obligations would continue to meet the necessary tests for planning obligations as set out in the guidelines of the National Planning Policy Framework. He advised that the applicant had provided a covering letter setting out the change in circumstances behind the request to modify the Section 106 Agreement, commentary on continued relevance of the obligations it was sought to modify and the proposals for the modifications.

 

Responding to Members’ queries, he advised that:-

 

·         the changes sought to the Section 106 Agreement related solely to highways matters and not other elements within the Agreement;

·         in light of the decision on the Village Green application at Exhibition Fields, the Exhibition Way Link Road was no longer deliverable. As a result, enhancements to Beacon Lane were proposed as measures to mitigate the impact of the development as an alternative;

·         in modifying the Section 106 Agreement, regard had been made to sustainable transport works already undertaken, including works to the frontage of the site, as part of the Section 278 of the Highways Act1990. Accordingly, no extra charge had been imposed on the developer.

 

The Highways Development Management Officer advised that consultations would be undertaken on the detail of the Beacon Lane improvements which would take the form of various traffic calming measures and schemes to improve safety for pedestrians and cyclists with appropriate signage and would meet the tests relevant to the Pinhoe Area Access Strategy.

 

The recommendation was for approval to modify the Section 106 Agreement with a secondary recommendation to refuse, if the Deed of Variation was not completed within the requisite timeframe.

 

The recommendation was moved and seconded and carried.

 

RESOLVED that the Service Lead  ...  view the full minutes text for item 18.

19.

Planning Application No. 19/0650/OUT - The Old Coal Yard, Exmouth Junction, Mount Pleasant Road, Exeter pdf icon PDF 714 KB

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

 

 

Additional documents:

Minutes:

The Principal Project Manager (Development) (MD) presented the outline application for the construction of 400 residential dwellings (Class C3), 65 senior living with care units (Class C2), new public open and green spaces, access road, refurbishment and extension of locally listed former water tower, and associated works (Landscaping reserved for future consideration

 

The Principal Project Manager (Development) advised that the Planning Committee had resolved to grant planning permission on 16 March 2020 for the development on this site, subject to the completion of a Section 106 legal agreement Under the Town and Country Panning Act 1990 and conditions, and also subject to the Service Lead City Development being granted delegated authority to determine updated highways drawings/technical information requested by Devon County Council as Local Highway Authority in its consultation response dated 1 November 2019 and adding or amending conditions accordingly.

 

The Principal Project Manager (Development) detailed the composition of the scheme, including 66 apartments to the west of the site, 104, four bedroom town houses, two Build to Rent apartment blocks, one of 177 apartments and the other of 53 apartments and the Residential Care Home of 65 units. He also explained the amended highway plans and revised site layout. Following the submission of the updated highways drawings/technical information, the Local Highway Authority had provided a further consultation response advising that the access proposals had been through a Stage 1 Road Safety Audit and were acceptable in principle and conditions were recommended.

 

                     In addition, since the Planning Committee made its decision, the applicant had submitted an updated phasing plan and requested various changes to the conditions to reflect the phased nature of the development.

 

                     As a result the conditions had been redrafted to account for the Local Highway Authority’s further response and the requests made by the developer for further consideration by the Committee.

 

Responding to Members’ queries, he advised that:-

 

·         the issues raised in respect of funding for the local schools, transport, the medical centre and the improvements to the Stoke Hill Roundabout were covered by the Section 106 Agreement already agreed;

·         the provision of the link through the allotments, for which funding was allocated within the Section 106 Agreement, would be subject to a separate planning application by Devon County Council subject to relevant legislation. Should this not be forthcoming, the option remained to utilise the identified sum to provide alternative access point(s) through the allotments or, alternatively, a contribution to offsite affordable housing;

·         the applicant had requested that the development be treated as a phased development for the purposes of the CIL levy and would be treated as a separate chargeable development for CIL purposes. It was possible that the phases would be brought forward by different developers but the Section 106 Agreement included trigger points to ensure that the private open market elements could only be brought forward after the provision of the elements of the affordable housing provision identified in the Agreement; and

·         previous concerns expressed by residents and allotments holders had been considered by  ...  view the full minutes text for item 19.

20.

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 Deputy Chief Executive was submitted.

 

RESOLVED that the report be noted.

 

 

 

21.

Appeals Report pdf icon PDF 250 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.