Agenda item

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

 

(Report circulated)

Councillor R Hannaford declared a personal interest as a Member of Devon County Council.

 

Councillor Prowse declared a personal interest as a student landlord.

 

The Head of Planning and Building Control presented the planning application and listed building consent for change of use from a nursing home to house in multiple occupation at Pinbrook House, Cheynegate Lane, Exeter.

 

Members were informed that the property was a Grade II* Listed Building and it had most recently used as a care home comprising a total of 19 bedrooms. For the last eighteen months the building had stood empty.

 

It was proposed to convert the building to a House in Multiple Occupation. The proposed use would consist of 12 bedrooms with the addition of a manager's flat within the existing attic. To facilitate the change of use some alterations were sought, namely the demolition of an existing cold store and minor reconfiguration of a number of existing rooms. The applicant had indicated that the University, specifically INTO, had expressed an interest in using the facility for an initial 12 months.

 

Members were circulated with an update sheet giving details of one additional letter of objection and were also advised that a further letter of objection had been received.

 

The recommendation was to approve the planning application and listed building consent subject to a S106 agreement to secure a financial contribution towards a new traffic order, the conditions set out in the report and additional conditions regarding limiting to 12 bedrooms unless otherwise agreed by the Local Planning Authority, details of the cycle storage and a condition requested by English Heritage regarding details of insulation and works to the Manager’s attic flat.

 

Mrs R Smith spoke against the applications. She raised the following points:-

• representing local residents who had concerns
• there were traffic problems in this location
• the buses in this area stopped running at 6.15pm and did not run on a Sunday
• the site was on a dangerous road which had no pavement and was risky for cyclists to use
• Cheynegate Lane gave priority right of way for cars
• occupants would bring cars causing parking problems for the existing residents
• the property would be more suitable for occupation by retired people
• asked that the Committee consider a site inspection.

 

In answer to Member’s questions, Mrs Smith clarified that the nearest bus stop was a 20 minute walk away for the site and that there were already parking problems in the area.

 

Mr Dent (agent) spoke in support of the application. He raised the following points:-

• this was a lovely property which needed to be brought back into use
• the property was not suitable for its previous use as a Nursing Home due to difficulties  with disabled access
• flats for the over 55’s would require more intrusive works to the building and parking
• a HMO was a suitable use as the internal works were minimal as the rooms would be the same as the previous use
• there was no objection from the Highways Authority or the Planning Officers.

 

In answer to a Member’s question, Mr Dent clarified that it would be difficult to enforce residents not bringing cars but there would be adequate cycle storage, he believed the nearest bus stop was nearer than a 20 minutes walk and he understood that bus services in the area would be increased shortly.

 

During discussion Members raised the following points:-

• a traffic assessment undertaken by Devon County Council in this area was outstanding
• concern that residents would bring cars causing parking problems for local residents
• there was a robust bus service in the area
• a HMO was a suitable use for the building as there would be minimal internal works

 

RESOLVED that the planning application for change of use from a nursing home to house in multiple occupation, roof lights on south (1) and north (2) elevations and lay-by on east boundary be approved subject a S106 agreement to secure a financial contribution towards a new traffic order and the following conditions:

 

1)         The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

Reason: To ensure compliance with sections 91-92 of the Town and Country Planning Act 1990.

 

2)         The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received by the Local Planning Authority on the 21 June 2010 and 1 July 2010 (dwg. no(s). A1, A2, A3, A4, A5, A6, A7 and A8), as modified by other conditions of this consent.

Reason: In order to ensure compliance with the approved drawings.

 

3)         Samples of the materials it is intended to use externally in the construction of the development shall be submitted to the Local Planning Authority and the development shall not be started before their approval is obtained in writing and the materials used in the construction of the development shall correspond with the approved samples in all respects.

Reason: To ensure that the materials conform with the visual amenity requirements of the area.

 

4)         No part of the development hereby approved shall be occupied until secure cycle parking facilities have been provided in accordance with the requirements of this permission and retained for that purpose at all times.

Reason: To ensure that adequate facilities are available for the traffic attracted to the site.

 

5)         No part of the development hereby approved shall be occupied until the strategy and proposed measures to be introduced under the terms of the Travel Plan have been implemented in accordance with the requirements of this permission and shall be monitored at all times and updated annually.

Reason: To reduce the volume and impact of traffic attracted to the site.

 

6)         A detailed scheme for landscaping, including the planting of trees and/or shrubs, the use of surface materials and boundary screen walls and fences shall be submitted to the Local Planning Authority and no development shall take place until the Local Planning Authority have approved a scheme;  such scheme shall specify materials, species, tree and plant sizes, numbers and planting densities, and any earthworks required together with the timing of the implementation of the scheme.  The landscaping shall thereafter be implemented in accordance with the approved scheme in accordance with the agreed programme.

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

 

7)         In the event of failure of any trees or shrubs, planted in accordance with any scheme approved by the Local Planning Authority, to become established and to prosper for a period of five years from the date of the completion of implementation of that scheme, such trees or shrubs shall be replaced with such live specimens of such species of such size and in such number as may be approved by 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.

 

8)         The third floor owners/managers flat hereby approved shall be used solely for this purpose in perpetuity.

Reason: To ensure the accommodation is appropriately managed for the benefit of adjacent residential units.

 

9)         No more than 12 rooms within the building shall be occupied as bedrooms.

            Reason: To ensure that the level of occupancy is acceptable to the Local Planning Authority in the interests of amenity of surrounding properties.

 

10)       Details of the proposed cycle parking shall be submitted to the Local Planning Authority and the building shall not be occupied for the use hereby approved until the cycle parking facilities have been laid out entirely in accordance with the scheme that has been agreed with the Local Planning Authority.

            Reason: To ensure that the details are acceptable to the Local Planning Authority.

 

In the event that the Section 106 agreement is not completed within 6 months of the date of the resolution to approve, 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 that were intended to be dealt with in the Section 106 agreement.

 

RESOLVED that listed building consent for demolition of cold store on north elevation, rooflights on south (1) and north (2) elevations and creation of shower room on second floor be approved subject to the following conditions.

 

1)         The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

Reason: To comply with section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

2)         The works to the listed building shall be carried out in strict accordance with drawings numbered A1, A2, A3, A4, A5, A6, A7 and A8. No works other than those explicitly shown or referred to on the drawings are hereby granted consent.

Reason: To protect and preserve the character of the listed building.

 

3)         No external brickwork shall be re-pointed until a sample area has been prepared on site to show the proposed mortar composition and colour, and method of pointing, and has been approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with the approved details.

Reason: To protect and preserve the character of the listed building.

 

4)         No new or replacement rainwater goods, soil pipes, vents, flues or extractors shall be installed until their full details have been submitted to and approved in writing by the local planning authority.

Reason: To protect and preserve the character of the listed building.

 

5)         Prior to the commencement of any repair works a full schedule of repair works and method statement shall have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with the approved details.

Reason: To protect and preserve the character of the listed building.

 

6)         Prior to the commencement of the works a method statement for the proposed thermal insulation of the roof space shall be submitted to and approved by the Local Planning Authority. The insulation of the roof space shall thereafter be implemented entirely in accordance with the approved scheme.

Reason: To ensure that there is no avoidable damage to historic fabric.

 

 (Report circulated)