Agenda item

PLANNING APPLICATION NO.12/0246/03 & CONSERVATION AREA CONSENT NO.12/0247/14 - Belmont Park Hut, Gordon Road, Exeter, EX1 2DH

To consider the report of the Assistant Director City Development.

 

(Report circulated)

 

Minutes:

The Assistant Director City Development presented the planning application for a replacement detached community building and conservation area consent for the demolition of a community building at Belmont Park Hut, Gordon Road, Exeter.

 

The replacement building would be 189 sq.metres compared to the existing building of 107 sq. metres the external material for the walls comprised oak timber boarding, with the roof comprising a mix of slate and photo voltaic roof tiles. The proposed siting for the replacement building was at right angle to the current building and straddled the current footpath linking Gordon Road with the circulatory path running around the park.

 

Members were circulated with an update sheet giving details of one additional letter of support and a letter from Living Options complimenting the plans and highlighting a couple of internal design features they would like to see incorporated.

 

The recommendation was for approval of the planning application and the conservation area consent subject to the conditions as set out in the report.

 

In response to Members, the Assistant Director City Development clarified that the proposed condition restricting the use of the building until 10.00pm was to protect the amenity of the near-by residents; there was no parking with the existing hall and no parking was proposed with this development; the building would be highly energy efficient with insulation and double glazing and it was not considered appropriate to propose any noise limiting conditions such as any sound amplification systems. A hours of operation condition would provide more effective control.

 

Councillor Branston, having given notice under Standing Order No. 44, spoke on this item. He circulated to Committee Members a list of users, a plan and a photograph of the Vision meeting held by Newtown Community Association. He raised the following points:-

  • Newtown Community Association needed to raise £340,000 to build this replacement building
  • the land would be leased for 35 years from the City Council
  • the location and angle of the building had been moved to address objections
  • last year, the Respect Festival held in the park had attracted 20,000 visitors and there were no parking complaints
  • majority of users of the hall arrived on foot
  • Devon County Council Highways did not object
  • concern that to limit the time to 10.00pm was unreasonable; the long term viability depended on the quality and availability of the hall, the curfew time should be increased to at least 11.00pm
  • had been no noise complaints
  • supported by Age Concern and Exeter Community Initiatives
  • had undertaken a full public consultation with workshops, interviews and meetings
  • 36 letters of support had been received
  • the hall drew users from a wide catchment area
  • Newton Community was a vibrant community
  • asked Committee to grant permission with a condition allowing use of the hall until at least 11.00pm

 

Mr Harrison spoke in support of the applications. He raised the following points:-

  • Chair of Newtown Community Association
  • is a Chartered Surveyor
  • the volunteers had a variety of skills
  • approval was important so that the project could move forward
  • the grant application had required a detail design, input from a Structural Surveyor and costings by a Quantity Surveyor
  • sustainability was key to the success of the project with photo voltaic roof tiles similar to slate and a design that provided good storage, an external hardstanding and robust security
  • internally, there would be folding doors to make flexible use of the space
  • would be DisabilityDiscrimination Act compliant
  • modern kitchen and outside space.

 

In response to Members, Mr Harrison clarified that the association was mindful of the adjacent residential properties and finishing events at 11.00pm with an hour to clear up had not been a issue in the past; on New Year’s Eve an event was usually held until 1.00am; would like hall to be able to meet demand; and if had a problem with noise from any events would ban those users from booking the hall again.

 

During discussion, Members raised the following points:-

  • curfew time should be extended to 11.00pm
  • a curfew time of 10.00pm or 10.30pm would be adequate and protect the amenity of local residents; without adequate conditions it would be difficult for Environmental Health to enforce any noise nuisance
  • need for a management plan
  • what about the use of the building on New Year’s Eve?

 

The Planning Solicitor advised that use of the hall on New Year’s Eve would be ‘de minimis’ and therefore need not be addressed in the hours of operation condition.

 

The Assistant Director City Development stated that a management condition could be added to any approval, this suggestion being agreed by the Committee, as was the proposal that the hours of operation should be extended to 11.00pm.

 

RESOLVED that planning permission for a replacement detached community building be approved subject to the following conditions:-

 

1)

C05  -  Time Limit - Commencement

 

2)

C15  -  Compliance with Drawings

 

3)

C17  -  Submission of Materials

 

4)

Construction work shall not take place outside the following times: 8am to 6pm (Monday to Fridays); 8am to 1pm (Saturdays); nor at any time on Sundays, Bank or Public Holidays.

Reason: In the interests of the amenity of occupants of nearby buildings.

 

5)

C70  -  Contaminated Land

 

6)

C38  -  Trees - Temporary Fencing

 

7)

The use of the building hereby approved shall not be carried on other than between the hours of 0800 and 2300 hours on any day.

Reason:  So as not to detract from the amenities of the near-by residential property.

 

8)

The development hereby approved shall not commence until details of the proposed finished floor levels and overall ridge heights of the building, in relation to an agreed fixed point or O.S datum have been submitted to, and been approved in writing by, the Local Planning Authority.

Reason: In the interests of the visual amenities of the area.

 

9)

Prior to the commencement of the development hereby approved details of any external lighting associated with the premises shall be submitted to and approved in writing by the Local Planning Authority. The details shall specify the number, location and type of lighting proposed together with the means of control/operation. Thereafter the development shall be implemented and operated in accordance with the approved details at all times.

Reason: In the interests of the character and appearance of the area and the residential amenities of the occupants of surrounding properties.

 

10)

No development shall take place unless and until a Wildlife Plan which demonstrates how the proposed development will be managed in perpetuity to enhance wildlife has 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.

 

11)

Prior to occupation of the development hereby permitted, secure cycle parking shall be provided 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.

 

12)

Prior to the commencement of the development hereby approved details of the proposed construction access, material delivery arrangements and storage compound for the duration of the works (location, size and means of enclosure) shall be submitted to and be approved in writing by the Local Planning Authority. Thereafter the development shall be implemented in accordance with the approved details.

Reason: To ensure that the development is implemented in a safe and secure manner which minimises the potential for disruption to users of the park during the construction process.

 

13)       Prior to the occupation of the development hereby approved a Management Agreement covering the regulation of the use of the building shall be submitted to, and be approved in writing by, the Local Planning Authority. The said agreement shall include provisions for preparation and clean up activities associated with the use of the building, and set out provisions for the reporting of any use related problems.

Reason: In the interests of the residential amenities of the occupants of surrounding buildings.

 

RESOLVED that conservation area consent for demolition of community building be approved subject to the following conditions:-

 

1)

C08  -  Time Limit - L.B. and Conservation Area

 

2)

Prior to the demolition of the building hereby approved details of the proposed reinstatement works and landscaping of site, together with a timeframe for their implementation, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be completed in strict accordance with the approved details.

Reason: To ensure that the land is restored to a satisfactory condition in the interests of the character and appearance of the Conservation Area.

 

3)

The demolition hereby approved shall not be carried out until a building contract has been entered into for the erection of the replacement building permitted by planning permission no.12/0246/03 and satisfactory evidence to that effect has been produced to the Local Planning Authority.

Reason:  In the interests of the appearance of the Conservation Area.

 

(Report circulated)

 

Supporting documents: