Agenda item

To consider the report of the Head of Planning and Building Control.

 

(Report circulated)

The Head of Planning and Building Control presented the application for a development to provide mixed employment uses at land south of Yeoford Way, Marsh Barton Trading Estate, Exeter. This was an outline application with all matters reserved for future consideration.

 

The application proposed to develop the area for a mixed employment use for Use Classes B1, B2 and B8. An application for improved flood drainage of the site had been approved in October 2009.

 

The Head of Planning and Building Control stated that although the site was not in the Exeter Local Plan as being identified for employment use it had been identified in the emerging Exeter LDF Core Strategy as suitable to meet future employment needs.  He updated Members on the ecological, energy, transport and flooding issues with regards to the proposal. Members were advised that the wording of conditions 14 and 17 would be amended to reflect the wording received by the Highways Agency.

 

Members were circulated with an update sheet giving details of Natural England comments.

 

The recommendation was for approval subject to the completion of a Section 106 Agreement which required a financial contribution towards public transport improvements and public art, landscape and cycleway phasing, implementation of Wildlife Area, installation of new culvert under Bad Homburg Way and compliance with the Energy Strategy and the conditions as per the report with amendments to the wording of conditions 14 and 17. The application would be referred to the Government Office for the South West as a departure from the Local Plan.

 

During discussion Members raised concerns regarding comments received from Devon Wildlife Trust and the Royal Society for the Protection of Birds, in particular the on- going management of the wild life area to the east of the development.

 

The Head of Planning and Building Control confirmed that a 45 metre wild life corridor to the south of the site was proposed. In answer to Members’ questions, he confirmed that the management of construction traffic was covered by condition 14 and lighting on the site covered by condition 13.

 

The Planning Solicitor stated that the Section 106 Agreement could include the implementation of a wild life plan and that highway improvements should also be part of the Section 106 Agreement as well as public transport.

 

RESOLVED that, subject to referral to the Government Office for the South West as a departure from the Local Plan, planning permission for a development to provide mixed employment uses be approved, subject to the completion of a Section 106 Agreement which requires a financial contribution towards highway and public transport improvements and public art, landscape and cycleway phasing, implementation of a Wildlife Area and an agreed Management Plan, installation of new culvert under Bad Homburg Way and compliance with the Energy Strategy, and the following conditions:

 

1)         Application for the approval of the reserved matters shall be made to the Local Planning Authority before the expiration of five years from the date of the permission and the development hereby permitted shall be begun before the expiration of five years from the date of the permission.

Reason: To ensure compliance with section 91 - 93 of the Town and Country Planning Act 1990.

 

2)         Approval of the details of the layout, scale, appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

Reason: To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters.

 

3)         This consent does not imply the approval of the details of siting, layout or design shown on the submitted plan, which must be the subject of a further application for approval of reserved matters.

Reason: To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters.

 

4)         No building(s) shall be occupied until the drainage details have been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure the satisfactory drainage of the development.

 

5)         The proposed estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, road maintenance/vehicle overhang margins, embankments, visibility splays, accesses, car parking and street furniture shall be constructed and laid out in accordance with details to be approved by the Local Planning Authority in writing before their construction begins. For this purpose, plans and sections indicating, as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority.

Reason: To ensure that adequate information is available for the proper consideration of the detailed proposals.

 

6)         No development shall take place on site until a full survey of the site has taken place to determine the extent of contamination of the land and the results together with any remedial works necessary, have been agreed in writing by the Local Planning Authority. The building(s) shall not be occupied until the approved remedial works have been implemented and a remediation statement submitted to the Local Planning Authority detailing what contamination has been found and how it has been dealt with together with confirmation that the site is in such a condition as to be suitable for the proposed use.

Reason: In the interests of the amenity of the occupants of the building(s) hereby approved and to protect controlled waters.

 

7)         If, during development, contamination not previously identified is found to be present at site then no further development, unless otherwise agreed in writing with the Local Planning Authority shall be carried until the developer has submitted and obtained written approval from the Local Plan Authority for an amendment to the remediation strategy detailing how this contamination shall be dealt with.

Reason: In the interests of the amenity of the occupants of the building(s) hereby approved and to protect controlled waters.

 

8)         Applications for reserved matters shall include a Design Statement, scope of which must be agreed with the Local Planning Authority prior to preparation, which demonstrates compliance with the Archial Design Guide, submitted with the planning application, dated January 2010.

Reason: To ensure that the design and layout of the development is approached comprehensively.

 

9)         No development shall take place until an Outline Landscape and Ecology

Management Plan has been submitted to and approved by the Local Planning Authority. The Management Plan shall indicate

a) how the existing biodiversity of the site will be protected, in accordance with all relevant legislation, and

b) how the proposed development and associated works will enhance wildlife in the area;

and shall be submitted to the Local Planning Authority for review on an annual basis unless otherwise agreed in writing.

Reason: In the interests of nature conservation.

 

10)       No development shall take place within the site until a written scheme of archaeological work has been submitted and approved in writing by the Local Planning Authority. This scheme shall include on-site work, and off-site work such as the analysis, publication, and archiving of the results. All works shall be carried out and completed as approved, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the appropriate identification, recording and publication of archaeological and historic remains affected by the development.

 

11)       Any trees, shrubs and/or hedges on or around the site shall not be felled, lopped or removed without the prior written consent of the Local Planning Authority.

Reason: To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

 

12)       The cycleways and walkways within the application site, and connections to and from routes outsides the site boundaries, shall be provided in accordance with details previously submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure satisfactory provision of these facilities, pursuant to Local Plan Policy T3.

 

13)       Prior to the commencement of any individual building, an assessment of the impact of all external lighting associated with the development shall be submitted to and approved in writing by the Local Planning Authority. The assessment should address the impact of the lights (including hours of use) on the nearest receptors.

Thereafter the lighting shall be installed and maintained in accordance with the specifications within the assessment.

Reason: To reduce light pollution in the area and protect the amenity of nearby residents.

 

14)      The construction of the development hereby permitted shall not commence until there has been submitted to and approved in writing by the Local Planning Authority (in consultation with and Highways Agency acting on behalf of the Secretary of State for Transport and the Local Highway Authority) a Construction Management Plan. The plan shall include consideration of construction vehicle movements, construction operation hours, construction vehicle routes to and from site, construction delivery hours, expected number of construction vehicles per day, car parking for contractors, specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice and a scheme to encourage the use of Public Transport amongst contractors. The development shall be carried out strictly in accordance with the approved Construction Management Plan.

Reason: In the interests of highway safety, the efficient operation of the local and trunk road networks and to safeguard the amenity of neighbouring residents.

 

15)       Construction work shall not take place outside the following times: 8am to 6pm (Mondays to Fridays); 8am to 1pm (Saturdays); nor at any time on Sundays, Bank or Public Holidays unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the amenities nearby residential occupiers.

 

16)       Prior to the commencement of any individual building details of all external plant/ventilation equipment plant (including any boiler and associated flue), including sound power levels at a specified location outside the building envelope, to be submitted to and approved in writing by the LPA.

Reason: To reduce noise pollution and protect the amenity of nearby residential occupiers.

 

 

17)       A comprehensive Travel Plan will be developed for all elements of the development hereby permitted. The acceptability of the Travel Plan will need to be agreed in writing by the Local Planning Authority and Local Highway Authority ( who shall consult with the  Highways Agency on behalf of the Secretary of State for Transport), in advance of occupation of the development. The Travel Plan will need to be prepared in line with prevailing policy and best practice and shall include as a minimum:

            The identification of targets for trip reduction and modal shift;

            The methods to be employed to meet these targets;

            The mechanisms for monitoring and review;

            The mechanisms for reporting;

            The penalties to be applied in the event that targets are not met;

            The mechanisms for mitigation;

Implementation of the Travel Plan to an agreed timescale or timetable and its operation thereafter;

Mechanisms to secure variations to the Travel Plan following monitoring an reviews.

A review of the targets shall be undertaken and submitted to the Local Planning Authority within 3 months of the occupation of the development and on an annual basis thereafter. The Travel Plan as shall be adhered to throughout the lifetime of the development.

Reason:  To encourage the use of mode of transport other than the private car.

 

18)       Before works commence on any individual building(s) a Sustainability Statement detailing the measures to reduce the impact of the building on the environment during both construction and operational phases shall have been submitted to and approved in writing by the Local Planning Authority and the development shall thereafter be carried in accordance with that statement unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of sustainable development.

 

19)       No development shall take place on site until an air quality assessment has been carried out in accordance with a programme and methodology to be agreed in writing by the Local Planning Authority and the results, together with any mitigation measures necessary, have been agreed in writing by the Local Planning Authority. The building(s) shall not be occupied until the approved mitigation measures have been implemented.

Reason: In the interests of ensuring adequate air quality.

 

20)       The development hereby permitted shall be limited to a total floor space of 46,500 sq metres.

            Reason: To comply with the criteria of the submitted Environment Statement.

 

21)       No more than 23,250 sq metres of the floor space shall be used for B1(a) (Office) Use.

Reason: To ensure that a range of employment opportunities are provided in accordance with Local Plan Objectives.

 

22)       Before works commence on any individual building(s) details of the finished floor levels and overall roof heights of the building(s) in relation to a fixed point or O.S datum shall have been submitted to, and approved in writing by the Local Planning Authority.

Reason: In the interest of visual amenity and the appropriate development of the site.

 

23)       No development work to raise the ground levels of the site shall commence until finished ground floor levels and sectional plans indicating the profile with the original levels have been submitted to and approved in writing by the Local Planning Authority. Thereafter the works shall be carried out in accordance with the agreed plans.

Reason: In the interests of visual amenity.

 

In the event that the Section 106 Agreement is not completed within 6 months of the date of this committee meeting, authority be delegated to the Head of Planning and Building Control to refuse permission for the reason that inadequate provision has been made for the matters which were intended to be dealt within the Section 106 Agreement.

 

(Report circulated)