Agenda item

PLANNING APPLICATION NO.12/1619/03 - Exeter College, 33-36 Queen Street, Exeter, EX4 3SR

To consider the report of the Assistant Director City Development.

 

(Report circulated)

 

Minutes:

The Senior Area Planning Officer presented the application for a sports hall and teaching facility with associated parking at Exeter College, 33-36 Queen Street, Exeter.

 

Members were circulated with an update sheet - attached to minutes. The Assistant Director Environment had recommended two additional conditions relating to hours of use and noise attenuation. Devon County Council’s Head of Planning, Transportation and Environment had recommended three additional conditions relating to the submission of a Green Travel Plan, the provision of on-site cycle and car parking facilities, and submission of a Construction Traffic Management Plan. The County Head of Planning, Transportation and Environment has also indicated that a financial contribution should be sought towards highway improvements to be secured by a Section 106 Agreement under the Town and Country Planning Act 1990. The recommendation was for approval, subject to the conditions as set out in the report and the update sheet.

 

Mr Cruse spoke against the application. He raised the following points:-

 

·         because a number of residents are tenants, the consultation process did not cover some key parties such as owners and landlords. A number of residents were also unable to respond as they had missed the consultation process as they had been away over the Christmas/New Year period

·         ambulance and fire service were not consulted, particularly in respect of the narrow access to the site off Queen Street.

·         objectors will not have the opportunity to consider the detailed specifications for elements such as the water handling plant, air conditioning etc. to determine if concerns regarding the potential impact on the neighbourhood of noise, light, pollution, etc. will be adequately addressed.

·         concerns regarding noise, both of activities within the facility and of students entering and leaving throughout the day, are anticipated.

·         the Queen Street access will present dangerous conditions to both pedestrians and vehicle drivers

·         design concerns relating to featureless, monolithic nature of certain elevations.

 

RESOLVED that planning permission for a sports hall and teaching facility with associated parking be approved, subject to the additional conditions sought by the County Head of Planning, Transportation and Environment relating to the submission of a Green Travel Plan, the provision of on-site cycle and car parking facilities and the submission of a Construction Traffic Management Plan, conditions in respect of noise attenuation measures, light, hours of use and additional planting to reduce the bland appearance of the external wall facing the railway and a Section 106 Agreement under the Town and Country Planning Act 1990 to secure a financial contribution towards highway improvements, together with the following conditions, as set out in the schedule of planning conditions:-

 

1)

The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

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

 

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 the 20 November 2012 (dwg. no(s). 6723PRSCH01E, 6723PRSCH02E, 6723PRSCH03F, 6723SCH08A, 6723PRSCH07A, 6723PRSCH04F & 6723PRSCH06D), as modified by other conditions of this consent.

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

 

3)

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 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.

 

4)

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: To ensure the amenity of nearby residential units are protected.

 

5)

The submitted remediation scheme must be carried out in full prior to the occupation of development, unless otherwise agreed in writing by the Local Planning Authority. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken, and where remediation is necessary an amended remediation scheme must be prepared, which shall be subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

Reason:  In the interests of the amenity of the users of the building(s) hereby approved.

 

6)

A detailed scheme for landscaping, including the planting of trees and/or shrubs, the use of surface materials and boundary screen walls and fences shall be submitted to the Local Planning Authority and no development shall take place until the Local Planning Authority have approved a scheme;  such scheme shall specify materials, species, tree and plant sizes, numbers and planting densities, and any earthworks required together with the timing of the implementation of the scheme.  The landscaping shall thereafter be implemented in accordance with the approved scheme in accordance with the agreed programme.

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

 

7)

In the event of failure of any trees or shrubs, planted in accordance with any scheme approved by the Local Planning Authority, to become established and to prosper for a period of five years from the date of the completion of implementation of that scheme, such trees or shrubs shall be replaced with such live specimens of such species of such size and in such number as may be approved by 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.

 

8)

Within six months of the commencement of use of the development, a Sustainable Travel Plan shall have been implemented in accordance with details that shall previously have been submitted to, agreed and approved in writing by the Local Planning Authority and the plan shall be updated at intervals not exceeding six months.

Reason: To ensure that all users of the building are aware of sustainable travel options.

 

9)

No part of the development hereby approved shall be brought into its intended use until on-site cycle and car parking facilities together with any means of access have been provided, surfaced and marked out in accordance with the requirements of this permission and retained for those purposes at all times.

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

 

10)

No part of the development shall commence until a construction traffic management plan has been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in strict accordance with the approved Plan unless, otherwise agreed in writing by the Local Planning Authority. The plan shall include: (i) the timetable of the works; (ii) hours during which construction vehicles will be present at the site; (iii) the routing of vehicles to and from the site; (iv) the methods of traffic control at the site and / or at any other location if required; (v) the number and sizes of vehicles visiting the site in connection with the development and the frequency of their visits; (vi) the compound / location where all building materials will be stored during the demolition and construction phases. Prior to commencement it is recommended that the developer consults, and if necessary meets with, the Local Highway Authority to establish a safe means of progress.

Reason: To minimise impacts from construction related traffic on the environment, the amenity of local residents/businesses and safety on the public highway.

 

11)

Prior to the start of development on the site, an external lighting scheme shall be submitted for the consideration and written approval of the Local Planning Authority.

The scheme shall take into account all of the lighting needs associated with the development during operational hours and shall be the minimum required to perform the relevant lighting task. It shall be specifically designed to minimise the risk of light spillage beyond the development site boundary and into the sky. The scheme shall include:

  • A report, prepared by a lighting engineer, setting out the technical details of the luminaires and columns, including their location, type, shape, dimensions and, expected luminance output and specifically explaining what design attributes have been chosen to minimise light pollution.
  • A plan illustrating illuminance levels across the development site and at the boundary of the site. The level of illuminance should be appropriate to the character of the surrounding area as a whole. The design will show that control of overspill light is limited to the level required by the particular environmental setting.
  • A plan illustrating illuminance levels beyond the boundary of the site, together with the downward light output ratio of the lights.
  • A statement which demonstrates how the lighting scheme will be viewed against the wider landscape and, where appropriate, the potential role of landscaping in minimising the day and night-time visual impact of the installation.
  • An operational statement, the purpose of which is to ensure that the developer and the lighting designer have considered operational regimes that can provide energy savings.

Once approved in writing, the lighting scheme shall thereafter be operated in accordance with the approved details. The Council reserves the right to require periodic testing to be conducted on the lighting installations and if it is confirmed that approved levels are being exceeded the operator of the lighting scheme will be required to implement the necessary works to bring it back within compliance within a specified time period.

Reason: To ensure that the council retains control over these matters, to ensure the proper implementation of the lighting proposals in the interests of the amenity of the site and the area as a whole, to prevent light pollution and to minimise energy use.

 

12)

The level of noise emitted from fixed plant and equipment on the site shall not exceed a rating noise level of 37dB (07:00-23:00) or 21 dB (23:00-07:00) (measured in accordance with BS4142:1997) at the nearest residential receptors (or other surrogate point with appropriate distance corrections). The developer shall demonstrate by measurement compliance with this level prior to occupation of the development and as requested by the LPA thereafter.

Reason: To ensure the amenity enjoyed by nearby residential units is protected.

 

13)

The building hereby approved shall not be used other than between the hours of 08:30am and 21:00pm Mondays to Saturdays and shall not be used on Sundays and public or Bank Holidays.

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

 

(Report circulated)

 

 

Supporting documents: