Agenda item

PLANNING APPLICATION NO.12/0472/01 - Land to north, west & south of Met Office off, Hill Barton Road, Exeter, EX2

To consider the report of the Assistant Director City Development.

 

(Report circulated)

 

Minutes:

Councillor Donovan expressed an interest as he was working on a contract basis for the Met Office.

 

The Senior Area Planning Officer presented the application for a mixed use scheme comprising up to 750 dwellings, a local centre (A1, D1, D2), public open space, demolition of buildings, landscaping, highway access to Hill Barton Road and associated infrastructure works (all matters reserved for future consideration apart from access) at land to north, west & south of Met Office off, Hill Barton Road, Exeter.

 

Members were circulated with an update sheet - attached to minutes, setting out additional advice from the Highway Authority. With regard to the provision of a new vehicular transport link from Oberon Road into the development, the County Council had proposed amendments to the wording of the relevant condition, set out on the update sheet to which the applicants had indicated that this would cause funding difficulties. It was considered by the Assistant Director City Development, on balance, that the condition as set out in the original report would achieve the required outcome without endangering the delivery of housing.

 

The recommendation was that having had regard to the Environmental Impact Assessment submitted with the application and the representations made about the environmental effects of the development, delegated authority be given to the Assistant Director City Development in consultation with the Chair of the Planning Committee to approve, subject to a Section 106 agreement and conditions as set out in the report.

 

Mr Lloyd (representing a local landowner) spoke against the application. He raised the following points:-

 

·         fundamental flaws remain in this application even though the main issue under consideration is the means of access

·         access from Hill Barton Road is inadequate for 500 new homes and no more than 400 homes had been previously proposed

·         will leave a legacy of congestion along Hill Barton Road, with average queues of 112 vehicles likely with no commitment to deliver a second access

·         the junction will operate over capacity with 500 houses, with capacity likely to exceed 20% in reality. 0.4 trips per dwelling is aspirational only and supports the argument that Hill Barton Road will lack capacity

·         the proposed junction design is unsafe and the design promotes car capacity rather than pedestrian safety. Waiting times of nearly four minutes will encourage crossing during the red man phase, a route used by children and cyclists who have a different perception of safety. The County Council state that this is adequate due to the existing low pedestrian and cycle flow but, an alternative view, is that wait time should be no more than two minutes, even when pedestrian flows are low

·         the scheme fails to deliver the Core Strategy and Hill Barton Masterplan objectives. Eight conditions under this application promote general sustainability yet the proposal will result in traffic being directed the wrong way and the opportunity for a bus link through the site will be prejudiced

·         the viability of Fitzroy Road, a high profile site on the gateway to Exeter should be guaranteed by ensuring Oberon Road is delivered first

 

Mr Fayers (Eagle One) spoke in support of the application. He raised the following points:-

 

·         representing the Hill Barton Consortium

·         the scheme offers a sustainable development and helps meet housing need in the City. 187 affordable homes will be provided

·         it is a significant element of the Hill Barton/Monkerton Masterplan included within the adopted Core Strategy.

·         discussions between the Hill Barton Consortium, the County and City Councils have been concluded satisfactorily.

·         improved vehicular access provided for 129 Hill Barton Road.

·         the scheme will tie in to proposals for the district heating network

·         link to be provided to Oberon Road on completion of the 600th home

·         district heating provision and highway improvements to Moor Lane will also benefit the wider Monkerton Master Plan.

 

He responded as follows to Members’ queries:-

 

·         a contribution will be made to sports facilities, Exeter City Council to determine their location

·         a second Toucan crossing will be provided which will operate “on demand” so no need for four minute wait

 

Mr Hulland, Transportation Studies Manager, Devon County Council explained that:-

 

·         the primary Hill Barton Road pedestrian/cycle crossing desire line would remain at the existing toucan crossing and would provide an on demand crossing triggered by use of the push buttons and was not linked to the new junction signal phasing. The number of pedestrian and cyclist using the crossing facilities at the proposed new junction would therefore be low

·         safety and capacity had been properly consideredand up-to-date data used.  The Trip Rate used was in accordance with that in the Monkerton Access Strategy submitted as evidence for the Exeter Core Strategy and reflected the improved pedestrian, cycle and bus facilities provided. The Highway Authority has confirmed the increased traffic was not significant and no further assessment of the junctions was necessary

·         the Monkerton Access Strategyassessed the overall traffic impact of development in the Monkerton Masterplan area and concluded that with infrastructure improvements and sustainable transport measure the impacts would be mitigated satisfactorily

·         additional flows through the Wilton Way roundabout were calculated to be an additional 2% in both the AM and PM peaks and the junction was considered to be operating within capacity and mitigation measures were not required

·         provision of a link to Oberon Road was not a specific requirement of the Core Strategy but it was recognised that the link was an aspiration of the Monkerton and Hill Barton Masterplan Study.  Although not a specific requirement for the delivery of the site, the applicant had agreed to design the internal road network to enable a link to Oberon Road to be made and enable the desired strategic road to be provided. 

 

In order to achieve a permeable network to support the sustainable transport aspirations of the Masterplan Study, the Highway Authority had recommended a variation to condition 27 as follows:

 

Unless otherwise agreed by the relevant planning authority (in consultation with the local highway authority), no further development shall take place beyond the first occupation of the 600th dwelling or 5 years from the first occupation of the 500th dwelling, whichever is earlier, until:-

 

a) The local planning authority has approved in writing a scheme of works to provide a new vehicular transport link from Oberon Road into the development, including details of access for Ellen Tinkham School.

 

b) The approved works have been completed in accordance with the local planning authority’s approval (in consultation with the local highway authority).

 

Members supported the above variation to condition 27, but otherwise supported the recommendation to approve the application.

 

RESOLVED that having had regard to the Environmental Impact Assessment submitted with the application and the representations made about the environmental effects of the development, the application for planning permission for a mixed use scheme comprising up to 750 dwellings, a local centre (A1, D1, D2), public open space, demolition of buildings, landscaping, highway access to Hill Barton Road and associated infrastructure works (all matters reserved for future consideration apart from access) bedelegated to the Assistant Director City Development in consultation with the Chair of Planning Committee to approve, subject to the completion of a Section 106 Agreement securing the items identified in the report and the following conditions (with any necessary amendments to those conditions):-

 

1)

C01  -  Standard Outline

 

2)

Unless otherwise agreed in writing by the Local Planning Authority, the first application for approval of reserved matters shall made before the expiration of two years from the date of this permission, and the development hereby permitted shall begin before the expiration of two years from the date of the first reserved matters approval.

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

 

3)

C04  -  Outline - Exclude Details

 

4)

The outline planning permission hereby approves the following plans together with the design principles and parameters established in the approved Design and Access Statement and Design and Access Statement supplement:

Revised illustrative masterplan to be agreed with applicant.

Parameters plan to be agreed with applicant

Signal controlled access onto Hill Barton Road detailed drawings to be agreed with applicant.

Prior to the submission of any reserved matters application(s) for an agreed phase or phases of the development, a framework plan and statement on the appearance palette for the agreed phase or phases of the development shall be submitted to and approved in writing by the LPA. The framework plan(s) (1:1000) shall follow the principles established in the indicative masterplan and it shall be in accordance with the approved parameter plans. The framework plan(s) shall show the indicative location of buildings and their type, public and private open spaces and parking typologies, together with how the design principles in the approved Design and Access Statement and Design and Access Statement supplement will be applied at the more detailed level. The appearance palette shall be provided in the form of a statement providing information and guidance on building design and character, constructional materials and detailing, surface materials and their finishes, street furniture and street tree species.

Unless otherwise agreed in writing, the reserved matters application or applications shall adhere to the approved framework plan(s) and accompanying appearance palette relevant to that part of the site.

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

 

5)

Unless otherwise agreed in writing by the Local Planning Authority, as part of the first application for approval of reserved matters,a phasing plan shall be submitted to, and be approved in writing by, the Local Planning Authority. The phasing plan shall include details of the anticipated timing for the delivery of the areas of public open space/green infrastructure as well as the construction programme for the housing and other built elements of the development.  The development shall take place in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that the development proceeds in accordance with an agreed programme of delivery, that areas closest to existing transport services are developed first, and that within individual phases the open space associated with the development is co-ordinated with the construction of the houses which it will serve.

 

6)

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 any agreed phase of 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.

 

7)

A detailed scheme for landscaping, including the planting of trees and/or shrubs and hard landscaping including boundary screen walls and fences shall be submitted to the Local Planning Authority as part of the submission of each phase of the reserved matters; such scheme shall specify types and species, and any earthworks required, together with a programme of planting and the timing of implementation of the scheme.

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

 

8)

C37  -  Replacement Planting

 

9)

C38  -  Trees - Temporary Fencing

 

10)

C57  -  Archaeological Recording

 

11)

Unless otherwise agreed in writing, the buildings comprised in the development hereby approved shall be constructed so that their internal systems for heating (space and water) are capable of being connected to the proposed decentralised energy network.

Reason: In the interests of sustainable development.

 

12)

Unless otherwise agreed in writing, no dwelling hereby approved shall be occupied until the applicant has submitted a SAP calculation which demonstrates that a 10% reduction in CO2 emissions over that necessary to meet the requirements of the Building Regulations current at the time of Building Regulations approval can be achieved. The measures necessary to achieve this CO2 saving shall thereafter be implemented on site.

Reason: In the interests of sustainable development.

 

13)

Any individual dwelling hereby approved shall achieve a Code Level 4 (including a 44% CO2 emissions rate reduction from Part L 2006) as a minimum, and a Code Level 5 (Zero Carbon) if commenced on or after 1st January 2016, in accordance with the requirements of the Code for Sustainable Homes 2006 and the Code for Sustainable Homes Technical Guide November 2010 (or such equivalent standard that is approved in writing by the Local Planning Authority) and Exeter Core Strategy Policy CP15. Unless otherwise agreed in writing by the Local Planning Authority, no dwelling shall be occupied until an application for certification has been made confirming that the required Code Level has been achieved and within one year of occupation of any dwelling the developer shall submit to the Local Planning Authority evidence of the certification to demonstrate that a Final Code Level of 4 or 5 has been achieved as required above.

Reason: In the interests of sustainable development.

 

14)

The Local Planning Authority shall be notified in writing of the identity of all dwellings for which construction has commenced before 1st January 2016, within 10 working days following that date.

Reason: In the interests of monitoring compliance with sustainable development requirements.

 

15)

Any individual building contained within the District Centre, other than a dwelling, hereby approved shall achieve a BREEAM ‘excellent’ standard (or such equivalent standard that is approved in writing by the Local Planning Authority) as a minimum, and shall achieve ‘zero carbon’ if commenced on or after 1st January 2019.  Prior to commencement of such a building the developer shall submit to the Local Planning Authority a BREEAM design stage assessment report, the score expected to be achieved and which standard this relates to. Where this does not meet the minimum required standard the developer must provide details of what changes will be made to the development to achieve the minimum standard, and thereafter implement those changes. A post completion BREEAM report shall be submitted to the Local Planning Authority within 3 months of the substantial completion of any such building hereby approved. The required BREEAM assessments shall be prepared, and any proposed design changes approved prior to commencement of the development, by a licensed BREEAM assessor.

Reason: In the interests of sustainable development.

 

16)

The Local Planning Authority shall be notified in writing of the identity of all buildings (other than dwellings) for which construction has commenced before 1st January 2019, within 10 working days following that date.

Reason: In the interests of sustainable development.

 

17)

Construction/demolition 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 interests of local amenity.

 

18)

A Construction Environmental Management Plan (CEMP) shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of development, and adhered to during the construction period. This should include details of monitoring and mitigation measures to control the environmental impact of the construction and demolition phases and  highway safety, including but not limited to details of access arrangements and timings and management of arrivals and departures of vehicles, site traffic, emissions of noise and dust and the phasing and timing of work. The CEMP should contain a procedure for handling and investigating complaints as well as provision for regular meetings with appropriate representatives from the Local Authorities during the development, in order to discuss forthcoming work and its environmental impact.

Reason: In the interests of local amenity.

 

19)

No development shall take place on any individual phase of the site identified pursuant to condition 5 until a full investigation of the site has taken place to determine the extent of, and risk posed by, any 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 no unacceptable risks remain.

Reason: To ensure that the site is safe for residential occupancy.

 

20)

Prior to commencement of each phase of the development the applicant shall review the ambient noise environment on the site and propose a scheme of noise mitigation measures based on this review, to ensure that the residential properties are protected from noise. This shall be submitted to and approved in writing by the LPA prior to commencement of the development. All works that form part of the scheme shall be completed before any of the permitted development is occupied.  The applicant should aim to achieve at least the ‘Reasonable’ standards for internal noise level specified in BS8233:1999 Sound Insulation and Noise Reduction for Buildings – Code of Practice.

Reason: In the interests of local amenity.  This condition will be applied flexibly depending on the location of the proposed dwellings within the site and their proximity to the railway and to commercial land uses.

 

21)

No deliveries shall be taken at or dispatched from commercial units in the local centre outside the hours of 7am to 11pm Monday – Saturday nor at any time on Sundays, Bank or Public Holidays. 

Reason: In the interests of local amenity.

 

22)

No individual Class A unit size shall exceed 750m² in floorspace.

Reason: In the interests of minimising vehicle journeys to and from the site and to protect the vitality and viability of existing retail centres.

 

23)

No development shall take place on site until an evaluation has been undertaken of the foul drainage provision available and the results, together with a scheme for any improvement works, has been agreed in writing by the Local Planning Authority. The scheme shall include full details of the proposed improvement works, a timescale for implementation and adoption of these works, and arrangements for maintenance of the system prior to adoption. No buildings shall be occupied unless and until the approved improvement works have been implemented in accordance with the agreed scheme.

Reason: In the interests of residential amenity.

 

24)

No more than 250 dwellings shall be built until such time as improvements to Moor Lane Junction, as shown on drawing B2300117/MOORLN/101A, or an alternative scheme agreed in writing with the Local Planning Authority (who shall consult with the Highways Agency on behalf of the Secretary of State for Transport), has been completed in accordance with the Local Planning Authority's approval.

Reason: To ensure that the strategic highway network can accommodate the additional traffic generated by the development.

 

25)

Unless otherwise agreed in writing by the Local Planning Authority, the development shall be limited to the occupation of a maximum of 500 dwellings to be served from the proposed signal controlled junction onto Hill Barton Road and any further occupation beyond 500 dwellings shall require the provision of a further and alternative means of full vehicular access at a location to be agreed in writing with the Local Planning Authority (in consultation with the Highway Authority). 

Reason: To limit the total number of vehicle trips through the Hill Barton Junction in order to prevent congestion on Hill Barton Road and encourage both alternative vehicular access, trip distribution and permeability within the development

 

26)

A comprehensive Travel Plan will be prepared and implemented for all elements of the development hereby permitted.  The Travel Plan shall be submitted to and agreed in writing by the Local Planning Authority and Local Highway Authority in advance of occupation of any dwelling within the development and shall include, but not exclusively, the following elements;

  • The identification of targets for trip reduction and modal shift
  • The methodology to be employed to reach these targets
  • The mechanisms for monitoring and review
  • The mechanisms for reporting
  • The failsafe measures to be applied in the event that the 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 and reviews

Reason: To ensure that the development promotes all travel modes other than the private car and consequently reduces dependence on private car travel.

 

27)

Unless otherwise agreed in writing by the Local Planning Authority (in consultation with the Highway Authority), no further development shall take place beyond the first occupation of the 600th dwelling or 5 years from the first occupation of the 500th dwelling, whichever is earlier until:-

 

a) The Local Planning Authority has approved in writing a scheme of works to provide a new vehicular transport link from Oberon Road into the development, including details of access for Ellen Tinkham School.

 

b) The approved works have been completed in accordance with the Local Planning Authority's approval (in consultation with the Highway Authority).

 

28)

The proposed estate roads, footways, footpaths, junctions, verges, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, road maintenance/vehicle overhang margins, cycle routes, 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 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.

 

29)

Unless otherwise agreed in writing by the Local Planning Authority, prior to the occupation of any dwelling within each phase of the development that adjoins the David Wilson Homes development to the west of the site, vehicular access to an adoptable standard shall be provided to the site boundary so that it is capable of linking to the approved highway network within the David Wilson Homes development. 

Reason: To assist with provision of a choice of routes for all development traffic in the south west part of the Hill Barton and Monkerton Masterplan Framework area.

 

30)

Unless otherwise agreed in writing with the Local Planning Authority, for each application for approval of reserved matters,a detailed scheme for the pedestrian and cycle network shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include:-

(a) the access points identified on the drawing to be agreed with applicant;

(b) details of routes, road crossings, bridges, surface treatments, lighting, street furniture and signage;

(c) a programme for implementation synchronised with the progressive occupation of the development; and

(d) such temporary measures as are necessary (such as ramps where routes cross unfinished roads) to ensure the routes are fully usable during the construction period.

The approved scheme shall be adhered to at all times, including (where applicable) any amendments subsequently agreed in writing by the Local Planning Authority. The routes provided in accordance with this condition shall be maintained at all times thereafter, including keeping them free from vegetation, unless and until they become maintainable at public expense.

Reason: To ensure that the pedestrian and cycle routes are provided, to encourage travel by sustainable means in accordance with policy T3.

 

31)

Unless otherwise agreed in writing with the Local Planning Authority, for each application for approval of reserved matters,a scheme for on-site bus routes shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include:-

(a) details of routes and stops (including shelters, seats, and static and electronic signage);

(b) a programme for implementation synchronised with the progressive occupation of the development, road adoption programme, and/or applicable funding;

(c) any temporary arrangements during the construction period.

The approved scheme shall be adhered to at all times, including (where applicable) any amendments subsequently agreed in writing by the Local Planning Authority. The facilities provided in accordance with this condition shall be maintained at all times thereafter, unless or until they become maintainable by or on behalf of a public authority.

Reason: To ensure that suitable bus routes and stops are provided, to enable and encourage use of public transport in accordance with policy T3.

 

32)

Prior to commencement of any phase of the development, details shall be submitted to the Local Planning Authority of:-

·         secure cycle parking for residents;

·         secure cycle parking, lockers, showers and changing facilities for staff; and

·         cycle parking for visitors;

as applicable to the type of premises in question.

Construction of that phase shall not be commenced until such details have been agreed in writing by the Local Planning Authority, and prior to first occupation of that phase, the cycle parking and other facilities shall be provided in accordance with the approved details.

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

 

33)

Unless otherwise agreed in writing with the Local Planning Authority, notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 or any Order revoking and re-enacting that Order, no extension, garages or other development shall be carried out within the curtilage of the dwelling(s) within the 'potential zone of influence from Met Office satellite receivers' shown on drawing identified as Appendix 5.1 received by the Local Planning Authority on 7 February 2013, without the formal consent of the Local Planning Authority.

Reason:  In order to protect the visual and residential amenities of the surrounding area, to prevent overdevelopment and to ensure that any future alteration or expansion of the approved dwellings undertaken under permitted development rights cannot cause an obstruction to Met Office satellite receivers.

 

34)

No development shall take place until the Local Planning Authority (in consultation with the Met Office) has approved in writing a detailed plan outlining how vehicles, machinery and other equipment involved in the construction phases of the scheme will be deployed and managed to prevent interference and obstruction to Met Office satellite receivers in relation to their operational schedules. Construction work will only take place in accordance with the agreed plan. 

Reason: In the interests of minimising the impact of development work on the performance of the satellite receivers.

 

35)

Prior to commencement of the development, a detailed scheme for the management of surface water shall be submitted to and agreed in writing by the Local Planning Authority.  The scheme shall accord with the "Proposed surface water drainage strategy" set out in para 8.3 of the submitted Flood Risk Assessment. 

Reason: To protect controlled waters.

 

36)

The development shall not commence until full details of the Planned Drainage Strategy is submitted to and approved in writing by the Local Planning Authority. This shall include appropriate evidence of seasonal variation of the soil conditions with regard to permeability characteristics and monitoring of the level of the natural ground water table. The drainage design proposals should be based upon the worst conditions to ensure adequate storage / attenuation is provided all year round. The developer will also need to demonstrate that the necessary drainage infrastructure can be accommodated within the development without undue constraints upon the Public Open Space. 

Reason: In the interests of the proper drainage of the site and to ensure that public space within the site is not rendered unusable at any time of the year.

 

37)

Unless otherwise agreed in writing by the Local Planning Authority, prior to commencement of development or site preparation, an Ecological Method Statement and an Ecological Management Plan shall be submitted to and approved in writing by the Local Planning Authority.  They shall include (but not be limited to) a lighting plan to ensure a dark corridor for commuting bats, a reptile mitigation plan and opportunities for enhancement. 

Reason: In accordance with the terms of the submitted Environmental Statement and to protect and enhance biodiversity. 

 

 (Report circulated)

 

Supporting documents: