Agenda item

To consider the report of the Assistant Director City Development.

 

(Report circulated)

 

The Senior Area Planning Officer presented the planning application and listed building consent for the sub division of the two existing dwellings to create three new dwellings with associated internal and external works, construction of two new dwellings to south east corner of site, new access road, parking and bin storage at Magnolia House and Acacia House, Friars Green, Exeter.

 

These applications had been deferred at the previous Planning Committee for a site inspection by all Planning Committee Members to assess the impact of the proposed two new dwellings on the character of the area.

 

Members were circulated with an update sheet giving details of the conservation officer’s comments in response to an objectors comment.

 

The recommendation was for approval of the planning application and listed building consent subject to a Section 106 Agreement (planning application only) and conditions as set out in the report.

 

Councillor Mrs Brock, having given notice under Standing Order No. 44, spoke on this item. She raised the following points:-

• speaking on behalf of local residents
• asked Committee to take on board the points raised at the previous Planning Committee
• Councillor Laws letter to Members stated that the proposal was over development being adjacent to Grade II Listed Buildings, Colleton Crescent and Friars Green
• Exeter Civic Society objected to the new dwellings
• the new dwellings did not enhance or contribute to the conservation area and would dominate Friars Green and Colleton Crescent
• the new dwellings would result in significant change to the street scene
• should refuse the new dwellings; if the Committee were minded to approved the dwellings should be set back a little further from the road.

 

Mr McHugh spoke against the applications. He raised the following points:-

• speaking as an individual although his views reflected the consensus of opinion of residents in the area
• Exeter Civic Society and Devon Building Group objected to the proposed new dwellings
• the gardens of Magnolia House and Acacia House were a little green haven in the city
• the site was visible from the Quay
• the agent stated that the restoration of Magnolia House and Acacia House would not be viable without the new dwellings: had not seen any costings to support this
• if there was to be development here it should be of exceptional design
• the conditions did not cover boundary treatment or the parking area
• further work would need to be undertaken before approval was given.

 

Mr Turner (Agent) spoke in support of the applications. He raised the following points:-

• the viability of the scheme had been demonstrated by a Quantity Surveyor; all the information had been submitted to the Local Planning Authority as part of the planning application
• the new dwellings would sit well on the site
• could set back the new dwellings a little into the site; the final position of the dwellings could be agreed with the Local Planning Authority
• conditions were proposed regarding the boundary treatment and screening the parking area
• had been working with planning officers including the conservation officer for 12 months to put together this proposal
• would not be visible from long distance views
• there were examples in the city of new buildings adjacent to listed buildings i.e. Princeshay and the City Wall
• would be proper family homes with gardens and parking
• needed the investment capital from the new dwellings to progress the scheme.

 

In response to Members’ questions, Mr Turner clarified that the rear gardens would be larger than the minimum required by the Local Plan Authority and that there was room to move the dwellings back slightly from the road frontage; the scheme would not be viable without the new dwellings; and he had agreed to pay £3,000 to the County Council and to assist them to deliver the traffic order in order to speed up progression of the scheme.

 

Whilst the majority of Members felt satisfied that the proposal including the design and location of the new dwellings were acceptable, some Members still had concerns regarding the proposed new dwellings.

 

RESOLVED that planning permission for sub division of two existing dwellings to create three new dwellings with associated internal and external works, construction of two new dwellings to south east corner of site, new access road, parking and bin storage be approved subject the completion of a Section 106 Agreement in respect of affordable housing financial contribution, Traffic Order financial contribution (£3,000) and a financial contribution to Natura 2000 of £1,050 (3 units x £350) and the following conditions:-

 

1)          C05  -  Time Limit - Commencement

 

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 April 2012 (dwg nos. D009/11/SP11.0.F; D009/11/TB11E & D009/11/MA) as modified by other conditions of this consent.

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

 

3)        C17  -  Submission of Materials

 

4)        C35  -  Landscape Scheme

 

5)        C37  -  Replacement Planting

 

6)         No development shall take place until full details of all screen walls, railings or fences including height, design and materials to be used has been submitted to and approved in writing by the Local Planning Authority and the works carried out in accordance with the approved details thereafter.

            Reason:  In the interests of the visual appearance of the conservation area.

 

7)         Notwithstanding condition no 2, no work shall commence on site under this permission until full details of the following 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) parking area surfacing;

f) refuse storage;

g) swift box locations.

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

 

8)         Prior to commencement of the development, details shall be submitted to the Local Planning Authority of the proposed cycle parking facilities. Development shall not be commenced until such details have been agreed in writing by the Local Planning Authority, and prior to first occupation of the development, the cycle parking shall be provided in accordance with the approved details.

Reason: To encourage use of cycling as a sustainable mode of transport, in accordance with Local Plan policy T3.

 

9)         No part of the development hereby approved shall be commenced until a construction statement, to include details of: 

            a) parking and vehicles of site personnel, operatives and visitors;

            b) loading and unloading of planting and materials;

            c) storage of plant and materials;

            d) programme of works to include measures for traffic management;

            e) vehicle washdown measures and facilities; and

            f) provision of boundary hoarding

has been submitted to, agreed and approved in writing by the Local Planning Authority and the works shall be carried out in accordance with the agreed details throughout the development period.

Reason:  In the interests of public safety and to ensure that adequate on-site facilities are available throughout the development period.

 

10)       No construction work shall take place outside the following times: 8 am to 6pm Monday to Fridays, 8am to 1 pm on Saturdays nor at any time on Sundays, Bank or Public Holidays.

            Reason: In the interest of residential amenity.

 

11)       No part of the development hereby approved shall be occupied or brought into its intended use until the access, parking spaces, turning area and access drainage have been marked out, provided and maintained in accordance with details that shall have been submitted to, agreed and approved in writing by, the Local Planning Authority and those facilities shall be retained for the benefit of the development at all times thereafter.

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

 

12)       No development shall commence until details stating the time frame for works to the listed buildings have been submitted to and approved in writing by the Local Planning Authority and the works shall thereafter be carried out in accordance with the approved details.

Reason: To ensure that work is carried out to the listed building before or in association with the new dwellings.

 

13)      C57  -  Archaeological Recording

 

14)      C61  -  Approval of Foundation Details

 

15)       No development shall commence until a specific schedule of works for the listed buildings and boundary wall, in particular specifying the treatment of specific historic features and fabric have been submitted to and approved in writing by the Local Planning Authority and the works shall thereafter be carried out in accordance with the approved details.

Reason: To ensure that works carried out to the listed building and boundary wall are appropriate given their historic importance.

 

16)      C23  -  Permitted Development Restriction

 

17)       The two new build dwellings permitted hereby shall not be occupied or otherwise brought into use until all works to the listed buildings have been completed to the satisfaction of the Local Planning Authority and the three dwellings within the listed buildings are ready for occupation.

Reason: To ensure that work is carried out to the listed buildings before or in association with the new dwellings.

 

In the event that the Section 106 Agreement is not completed within 3 months of the date of this committee meeting, authority be delegated to the Assistant Director City Development 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.

 

RESOLVED that listed building consent for the sub division of two existing dwellings to create three new dwellings with associated internal and external works, construction of two new dwellings to south east corner of site, new access road, parking and bin storage be approved subject to the following conditions:-

 

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

 

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 April 2012 (dwg nos. D009/11/SP11.0.F; D009/11/TB11E & D009/11/MA) as modified by other conditions of this consent.

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

 

3)          C17  -  Submission of Materials

 

4)         No development shall take place until full details of all screen walls, railings or fences including  height, design and materials to be used has been submitted to and approved in writing by the Local Planning Authority and the works carried out in accordance with the approved details thereafter.

            Reason:  In the interests of the visual appearance of the conservation area.

 

5)         Notwithstanding condition no 2, no work shall commence on site under this permission until full details of the following 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) parking area surfacing;

f) refuse storage;

g) swift box locations.

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

 

6)         No development shall commence until details stating the time frame for works to the listed buildings have been submitted to and approved in writing by the Local Planning Authority and the works shall thereafter be carried out in accordance with the approved details.

Reason: To ensure that work is carried out to the listed building before or in association with the new dwellings.

 

7)        C57  -  Archaeological Recording

 

8)        C61  -  Approval of Foundation Details

 

9)         No development shall commence until a specific schedule of works for the listed buildings and boundary wall, in particular specifying the treatment of specific historic features and fabric have been submitted to and approved in writing by the Local Planning Authority and the works shall thereafter be carried out in accordance with the approved details.

Reason: To ensure that works carried out to the listed building and boundary wall are appropriate given their historic importance.

 

(Report circulated)