Agenda item

PLANNING APPLICATION NO.12/0781/01 - Land south of, Yeoford Way, Marsh Barton Trading Estate, Exeter

To consider the report of the Assistant Director City Development.

 

(Report circulated)

 

Minutes:

The Assistant Director City Development presented the application for additional mixed uses including A1, 2, 3, 4 and 5 and D1 and D2 on zone B of previous consent ref no 10/0200/01 (all matters reserved for future consideration) at land south of, Yeoford Way, Marsh Barton Trading Estate, Exeter.

 

The recommendation was delegated to Assistant Director City Development to  approve subject to the variation of the Section 106 Agreement attached to planning reference 10/200/01 regarding improvement works to the culvert under Bad Homburg Way and the conditions as set out in the report.

 

RESOLVED that the application for planning permission for additional mixed uses including A1, 2, 3, 4 and 5 and D1 and D2 on zone B of previous consent ref no 10/0200/01 (all matters reserved for future consideration) be delegated to Assistant Director City Development to approve subject to the variation of the Section 106 Agreement attached to planning reference 10/200/01 regarding improvement works to the culvert under Bad Homburg Way, and the following conditions:-

 

1)

Application for the approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of the permission and the development hereby permitted shall be begun before the expiration of two years from the date of the permission.

Reason:  To ensure compliance with section 91 - 93 of the Town and Country Planning Act 1990.

 

2)

Approval of the details of the layout, scale, appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

Reason: To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters.

 

3)

This consent does not imply the approval of the details of siting, layout or design shown on the submitted plan, which must be the subject of a further application for approval of reserved matters.

Reason:  To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters.

 

4)

No building(s) shall be occupied until the drainage details have been submitted to and approved in writing by the Local Planning Authority.

Reason:  To ensure the satisfactory drainage of the development.

 

5)

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

 

6)

No development shall take place on site until a full survey of the site has taken place to determine the extent of 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 the site is in such a condition as to be suitable for the proposed use.

Reason:  In the interests of the amenity of the occupants of the building(s) hereby approved and to protect controlled waters.

 

7)

If, during development, contamination not previously identified is found to be present at site then no further development, unless otherwise agreed in writing with the Local Planning Authority shall be carried until the developer has submitted and obtained written approval from the Local Plan Authority for an amendment to the remediation strategy detailing how this contamination shall be dealt with.

Reason:  In the interests of the amenity of the occupants of the building(s) hereby approved and to protect controlled waters.

 

8)

Applications for reserved matters shall include a Design Statement, scope of which must be agreed with the Local Planning Authority prior to preparation, which demonstrates compliance with the Archial Design Guide, submitted with the outline planning application, dated January 2010.

Reason: To ensure that the design and layout of the development is approached comprehensively.

 

9)

No development shall take place until an Outline Landscape and Ecology Management Plan has been submitted to and approved by the Local Planning Authority. The Management  Plan shall indicate

a) how the existing biodiversity of the site will be protected, in accordance with all relevant legislation, and

b) how the proposed development and associated works will enhance wildlife in the area;

and shall be submitted to the Local Planning Authority for review on an annual basis unless otherwise agreed in writing.

Reason: In the interests of nature conservation.

 

10)

Any trees, shrubs and/or hedges on or around the site shall not be felled, lopped or removed without the prior written consent of 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.

 

11)

The cycleways and walkways within the application site, and connections to and from routes outsides the site boundaries, shall be provided in accordance with details previously submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure satisfactory provision of these facilities, pursuant to Local Plan Policy T3.

 

12)

Prior to the commencement of any individual building, an assessment of the impact of all external lighting associated with the development shall be submitted to and approved in writing by the Local Planning Authority. The assessment should address the impact of the lights (including hours of use) on the nearest receptors. Thereafter the lighting shall be installed and maintained in accordance with the specifications within the assessment.

Reason: To reduce light pollution in the area and protect the amenity of nearby residents.

 

13)

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 unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the amenities nearby residential occupiers.

 

14)

Prior to the commencement of any individual building details of all external plant/ventilation equipment plant and kitchen extraction units (including any boiler and associated flue), including sound power levels at a specified location outside the building envelope, to be submitted to and approved in writing by the LPA. 

Reason: To reduce noise pollution and protect the amenity of nearby residential occupiers.

 

15)

A comprehensive Travel Plan will be developed for all elements of the development hereby permitted. The acceptability of the Travel Plan will need to be agreed in writing by the Local Planning Authority and Local Highway Authority ( who shall consult with the  Highways Agency on behalf of the Secretary of State for Transport), in advance of occupation of the development. The Travel Plan will need to be prepared in line with prevailing policy and best practice and shall include as a minimum:

The identification of targets for trip reduction and modal shift;

The methods to be employed to meet these targets;

The mechanisms for monitoring and review;

The mechanisms for reporting;

The penalties to be applied in the event that 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.

A review of the targets shall be undertaken and submitted to the Local Planning Authority within 3 months of the occupation of the development and on an annual basis thereafter. The Travel Plan as approved shall be adhered to throughout the lifetime of the development.

Reason:  To encourage the use of modes of transport other than the private car.

 

16)

Before works commence on any individual building(s) a Sustainability Statement detailing the measures to reduce the impact of the building on the environment during both construction and operational phases shall have been submitted to and approved in writing by the Local Planning Authority and the development shall thereafter be carried in accordance with that statement unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of sustainable development.

 

17)

Before works commence on any individual building(s) details of the finished floor levels and overall roof heights of the building(s) in relation to a fixed point or O.S datum shall have been submitted to, and approved in writing by the Local Planning Authority.

Reason: In the interest of visual amenity and the appropriate development of the site.

 

18)

No development work to raise the ground levels of the site shall commence until finished ground floor levels and sectional plans indicating the profile with the original levels have been submitted to and approved in writing by the Local Planning Authority. Thereafter the works shall be carried out in accordance with the agreed plans.

Reason: In the interests of visual amenity.

 

19)

The floorspace of the pub/restaurant element hereby permitted shall not exceed 1000m². 

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

 

20)

No individual Class A1 unit size shall exceed 450m² 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.

 

21)

The total floorspace for A1, A2, A3, A4, A5, D1 and D2 use shall collectively not exceed 3000 sq metres.

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

 

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.

 

(Report circulated)

 

Supporting documents: