Agenda item

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

 

(Report circulated)

Councillor Bialyk declared a personal interest as a member of St Thomas Social Club which adjoins the application site.

 

The Development Manager presented the planning application for a mixed use development comprising 244 sq m of commercial floor space, six self contained flats, five courtyard houses, parking court and associated works at the former Speedway Garage, 63 Cowick Street, Exeter.

 

Members were advised that in July 2011 planning permission was refused for a three storey mixed use development with commercial space on the ground floor with seven flats on the first and second floors.  The rear section of the site was proposed to contain six townhouses providing a total of 13 units which would be served by 13 car parking spaces within the rear courtyard. The front of the site had planning permission which was granted in August 2008 for two retail units and seven flats.

 

This application sought to address the previous reasons for refusal and the number of units had been reduced to eleven. Each unit had its own amenity space, there was a communal amenity space to the rear and the car parking had been reduced.

 

Members were circulated with an update sheet giving details of comments from the Environment Agency and Living Options, Devon and that an additional condition in respect of Archaeology was required.

 

The Development Manager reported that one late letter of objection had been received.

 

The recommendation was to approve the application subject to no objection from English Heritage (if an objection was received it would be delegated to the Head of Planning and Building Control in consultation with the Chair and Deputy Chair), the completion of a Section 106 Agreement or other mechanism to secure a financial contribution to traffic orders (£1,500) and Natura 2000 (£3,850), the conditions as set out in the report and an additional condition in respect of Archaeology.

 

Councillor R Hannaford, having given notice under Standing Order No.44, spoke on this item. He raised the following points:-

• welcomed that the previous application had been refused and pleased that this application was scaled down and provided amenity space
• overall in support of the application
• would improve Old Vicarge Road
• concern regarding the width of the pavement in front of the development as it was used by parents with pushchairs and disability scooters to access the nearby Health Centre
• did not need or want another takeaway in this location; they cause a lot of discarded rubbish which the Council then had to pay to clear up
• hoped that this development would be built out.

 

Mr Eaton (agent) spoke in support of this item. He raised the following points:-

• had reduced the number of units to improve amenity and provide green space
• each unit would have private amenity space by way of a balcony or roof terrace
• worked closely with planning officers on this proposal
• asked committee to support the officers recommendation.

 

In answer to Members’ questions, Mr Eaton clarified that a management company would manage the communal area which would be funded by way of a service charge. It was the applicant’s intention to build out the proposal.

 

During discussion Members raised the following points:-

• there was no provision in the Section 106 for local facilities such as monies towards local play areas particularly in light of the limited amenity space with this proposal
• did not want takeaway use in this location
• welcomed this refreshing proposal
• concern regarding the width of the pavement to the front of the development to ensure adequate access to the Health Centre.

 

In response to Members’ questions, the Development Manager clarified that there was no provision for a lift and, given the scale of the proposal, the installation of a costly lift could make the development unviable; the uses could include a restaurant but not a takeaway; and there was a condition which required details of the frontage of the site to be agreed with Devon County Council. He would pass on Members’ concerns to the Highways Authority regarding the inadequate width of the pavement.

 

The Director Economy and Development stated that currently there was no provision for smaller developments to provide monies towards local facilities and this would be addressed under the Community Infrastructure Levy which was due to be published for consultation shortly.

 

RESOLVED that the application for mixed use development comprising 244 sq m of commercial floor space, six self contained flats, five courtyard houses, parking court and associated works be approved subject to no objection from English Heritage (if objection received it would be delegated to the Head of Planning and Building Control in consultation with the Chair and Deputy Chair), the completion of a Section 106 Agreement  or other mechanism to require a financial contribution to traffic orders (£1,500) and Natura 2000 (£3,850) and the following conditions:-

 

1)        C05  -  Time Limit - Commencement

 

2)        C15  -  Compliance with Drawings

 

3)        C17  -  Submission of Materials

 

4)        C12  -  Drainage Details

 

5)        C23  -  Permitted Development Restriction

 

6)        C35  -  Landscape Scheme

 

7)        C37  -  Replacement Planting

 

8)        C70  -  Contaminated Land

 

9)         Prior to occupation of the development hereby permitted, secure cycle parking for residents shall be provided, together with additional cycle parking for the commercial premises, in the locations shown on drawing no. 80138 P (0) 110 in accordance with details previously submitted to and approved in writing by the Local Planning Authority, and the cycle parking shall be maintained thereafter.

Reason: To ensure that cycle parking is provided, to encourage travel by sustainable means in accordance with Local Plan policy T3.

 

10)       No development shall commence until full details of all plant equipment has been submitted to and approved in writing by the Local Planning Authority and thereafter provided in accordance with such details.

Reason:  Insufficient information has been submitted with the application and in the interests of residential amenity particularly in respect of noise.

 

11)       Occupation of the development hereby permitted shall not be commenced before the existing Traffic Order (reference ID 4035) in the vicinity of the site is reviewed and if necessary, amended, to reflect the approved development, to the written satisfaction of the Council.

            Reason: In the interests of highway safety.

 

12)       Notwithstanding condition no 2, no work shall commence on site under this permission until full details of the following, as it relates to the office or residential building, have been submitted to and approved in writing by the Local Planning Authority and the following shall thereafter be provided in accordance with such details:

a) windows to include materials, means of opening, reveals, cills and headers;

b) external doors;

c) rainwater goods;

d) lighting;

e) treatment of boundaries;

f) balconies

Reason: Insufficient information has been submitted with the application and in the interests of visual amenity.

 

13)       No other part of the development hereby approved shall be commenced until adequate areas shall have been made available within the site to accommodate operatives' vehicles, construction plant and materials in accordance with details that shall previously have been submitted to, agreed and approved in writing by the Local Planning Authority and retained for the construction period.

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

 

14)       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.

            Reason: In the interest of residential amenity.

 

15)       No development shall take place unless and until details of swift boxes have been submitted to and approved by the Local Planning Authority. Thereafter the development shall be carried out entirely in accordance with the approved plan.

Reason: To ensure that the wildlife opportunities associated with the site are maximised in the interests of biodiversity.

 

16)       No development shall commence until full details of the ventilation/extraction equipment has been submitted to and approved in writing by the Local Planning Authority and thereafter provided in accordance with such details.

Reason: Insufficient information has been submitted with the application and in the interests of visual amenity.

 

17)       No deliveries shall be taken at or dispatched from the commercial part of the development outside the hours of 7am to 11pm Monday to Saturday nor at any time on Sunday, Bank or Public Holidays.

            Reason: In the interest of residential amenity.

 

18)       Prior to the occupation of the residential units a Green Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The approved Travel Plan shall be provided to all occupants of the properties and the recommendations adhered to.

Reason: To reduce the use of the private vehicular and encourage sustainable transport modes.

 

19)       No development shall commence until a noise impact assessment has been submitted to and approved in writing by the Local Planning Authority and thereafter implemented in accordance with any recommendations made. The report shall consider impact of noise from the development on local receptor and shall include noise from plant and equipment.

            Reason: In the interest of residential amenity of future residents.

 

20)       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.

 

In the event that the Section 106 Agreement is not completed within six 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)