Agenda item

To consider the report of the Assistant Director City Development.

The Lord Mayor explained that, due to the level of public interest in the planning application, it had been decided to permit public speaking at the meeting as was the practice at Planning Committees and that five objectors and four supporters would present their cases.

 

She handed over to Councillor Bialyk, the Chair of the Planning Committee, who explained the format of and conduct for the meeting.

 

The Assistant Director City Development and the Principal Project Manager (Development) (HS) presented the application for Demolition of existing buildings at Exeter Bus & Coach Station, no. 188 Sidwell Street & nos 1-29 (odds) Paris Street for a comprehensive retail-leisure led mixed use development comprising Use Classes A1, A2, A3, A4, A5 [retail including food & drink uses], D2 [assembly & leisure] & including a new Leisure Centre & new Bus Station, with associated access landscaping and public realm works.

 

The Devon County Council Head of Planning, Transportation and Environment was also present to advise on highways matters.

 

The Assistant Director, in defining the site and proposal, advised that it was an outline planning application for retail and leisure led mixed use development with all matters reserved. He reported that the application was accompanied by a Design and Access statement and three parameters plans showing extent of site and uses, access and circulation routes, and building heights. The proposals involved the demolition of existing buildings at Exeter Bus and Coach Station, 188 Sidwell Street and 1-29 (odds) Paris Street.

 

The scheme would provide a new mixed use development of up to 27,547 square metres (sqm) of new floorspace and for the demolition of 7195 sqm of existing floorspace. It is proposed that the scheme include between 5,000 and 11,000 sqm of Class A1 (retail), between 5,000 and 9,500 sqm of Class A3 (restaurants and cafes), a total maximum of 750 sqm of A2, A4 and A5 (financial services, drinking establishments and hot food takeaways), between 1,300 sqm and 4720 sqm of D2 (assembly and leisure) and between 5,500 and 6,100 sqm floorspace for the leisure centre and 760 sqm for the bus station building with associated access, landscaping and public realm works.

 

The Principal Project Manager (Development) set out the following key issues:-

 

Principle of use

 

A City Centre location was considered appropriate for a mix of quality retail, dining and leisure, the latter including a cinema and swimming pool and was in accordance with the Development Plan.

 

Closure of Paris Street and package of highway works

 

The closure of Paris Street to vehicular traffic between Dix’s Field and High Street and the laying out of this as a public open space was necessary to provide a better link between the High Street and Princesshay and the bus station and considered essential to viability. In order to mitigate effects on park and ride buses using Paris Street, a bus lane would be created with a turning area in Dix’s field together with stops. Additional proposals for New North Road, Longbrook Street, York Road, Bampfylde Street, Cheeke Street, Summerland Street, King William Street and Bude Street were explained.

 

Building form/massing

 

The proposals provided five new blocks of development, varying between two and four commercial storeys arranged around a terraced central open space as an amphitheatre. Pedestrian routes would connect that space directly with surrounding streets. The Bus Station concourse would provide another through route to the site.

 

Proposed Bus Station

 

A minimum specification had been agreed with the County Council and Stagecoach with no obligation to provide for other users. Stops would be provided in Sidwell Street and Cheeke Street which would operate as an extension tothe Bus Station. At present there are 16 operational stands, (three for coaches) with six layover bays. The proposal was for 12 stands, with five layovers and four stands for scheduled coaches on Bampfylde Street.

 

Tourist coaches would drop and collect passengers from South Street with layover in the Coach Park at Haven Banks.

 

Four on street stops were proposed for Bamfylde Street which were considered acceptable and would be controlled by conditions

 

Updates

 

Updates reported included additional comments from the Green Party, Sport England, Confederation of Passenger Transport, Exeter St James Forum and Exeter Swimming Club including a 620 name petition regarding the unsuitability of the swimming pool site and ten further public comments since publication of the late list. Representation had also been received from agents on behalf of developers of the Bus Depot site regarding concern about impact of scheduled coach stops on their development and a further petition objecting to the swimming pool.

 

The following spoke against the application:-

 

Ms Patten on behalf of Devon Senior Voice Transport Group

 

·         proposed bus station does not meet the needs of the travelling public, particularly those with luggage, shopping, buggies as well as the disabled, especially at peak times - the proposal is ill thought out and short sighted;

·         the suggestion for on street bus stops for passengers travelling outside the city will lead to difficulties and confusion; and

·         the bus station will have difficulty in serving an expanding Exeter and further thought needs to be given to its design and the needs of the public.

 

Ms Child on behalf of the St James Neighbourhood Association, Devonshire Place, Powderham Crescent and Prospect Place.

 

Opposing the application for three reasons:-

 

·         the closure of Paris Street has not been openly explained or justified and there has been no apparent consideration of alternatives such as shared use space;

·         Neighbourhood Plan policy T2 (through traffic) has not been addressed. There is widespread concern in St James about the proposed traffic changes and consequences of closing Paris Street. The changes will lead to more not less congestion on residential streets. The probability of an increased use of smaller roads for rat running is greater;

·         the proposals do not provide sufficient mitigation measures against the impact of through traffic on residential streets. With the exception of York Road, which includes the St Sidwell’s Primary School and the Mosque, the proposed routes are predominantly residential streets, home to families with children and no students. There is a high level of pedestrian activity on all streets in this part of St James.

 

Mr Day on behalf of the Exeter Swimming Club

 

·         Plymouth, with a 50 metre pool, is the only facility in Devon that can hold major swimming championships. Exeter, with a 25m pool proposed, would only be able to hold Amateur Swimming Association (ASA) Level 4 events, such as school and in-house competitions;

·         Exeter, as a major City in Devon and the South West, should aspire to provide a 50 metre, eight lane pool with an increased spectator capacity, to achieve ASA Level 2 for major regional and national events. The design can be upgraded to a Level 2;

·         Pool proposal and design is being rushed through; and

·         the application proposes a swimming pool of the wrong size in the wrong location and at the wrong cost and the proposal should be deferred for further consideration.

 

Mr Haigh on behalf of signatories to two petitions

 

·         speaking on behalf of over 1,200 petitioning on two online petitions;

·         large number of objections including Devon Senior Voice, University of Exeter, Exeter Green Party, St James Neighbourhood Forum, Exeter Civic Society, National Express, as well as the public in general;

·         agree with the need to re-develop site, but not with proposal put forward;

·         Devon Amateur Swimming Association expressed disappointment and do not support the proposal;

·         the leisure complex is simply being shoehorned into the site and the pool itself is inadequate;

·         over development of the site and inappropriate design;

·         the Pool should be located elsewhere and outside the City Centre with greater priority given to the bus station; and

·         request that the application be postponed.

 

Mr Lewis on behalf of the Civic Society

 

·         welcome development of the bus and coach station site for new uses but grave concerns about the impact of the development upon neighbouring streets and communities further afield;

·         main concern is the impact upon public areas and roads as a result of diverting traffic to roads which are unsuitable - not enough thought to how traffic will in future find its way across the city from south to north;

·         it is claimed that with the closure of Paris Street to south bound traffic car usage would diminish but the people living on Exwick Road, Buddle Lane, Bonhay Road, Pennsylvania Road, Stoke Hill and Church Hill have all felt the impact of that closure with drivers finding other routes some through these residential areas;

·         routes emanating from the Paris Street roundabout become gridlocked at peak times, and the loss of Paris Street as an arterial route can only add to current congestion;

·         it is a poor proposal for people of Exeter and visitors, whether sightseeing or shopping and will have a negative impact on the City’s reputation;

·         proposed bus and coach station is inadequate and will not provide a good first impression;

·         no proposals for improved pedestrian access from neighbouring areas or traffic calming and the car remains king. Instead, there will be ad-hoc bus parking on streets in the vicinity of the bus station, as well as many new on-street bus stops which will detract from what is supposed to be an improved Grecian Quarter, as set out in the Bus & Coach Station Development Principles;

·         proposals for student accommodation on the existing bus depot site include shop units which should enliven the area with active frontages, but will be blighted by on-street bus stops on pavements that are too narrow;

·         new bus station will cost the rate payer £6.25m, money that will be taken from the CIL earmarked for other infrastructure; and

·         request deferral.

 

The following spoke in support of the application:-

 

Mr John Grinnell, the Crown Estate

 

·         Crown Estate are partners with TIAA Henderson Real Estate and are experienced developers in the UK;

·         the proposal is a mixed use development, providing retail, leisure, shopping, restaurants and open space to create a vibrant 21^st Century City Centre;

·         £70 million private sector investment bringing additional vitality to the City Centre, providing a new bus station, and leisure centre and creating 750 new jobs through the construction period and through the provision of new shops, restaurants, cinema and leisure centre;

·         current site is inappropriate for a principal gateway to a City Centre;

·         Exeter should respond to aspirations of public and tourists who seek a wider range of eating opportunities;

·         established businesses and traders will benefit from re-development with increased footfall in City Centre in general;

·         the closure of the upper part of Paris Street will improve pedestrian flow from Princesshay and City Centre to the new bus station and assist the further expansion of the City Centre; and

·         the development of this area has been a priority for many years and this development will further enhance Exeter’s position as a prime shopping destination for the people of Exeter and tourists.

Mr Gary Forster, Montagu Evans, Planning Consultant

 

·         the proposal meets strategic focus and planning policies for the provision of retail/leisure facility in the City Centre, accessed by good public transport and providing additional public open space;

·         represents the next stage of development and regeneration of City Centre;

·         the closure of the upper part of Paris Street is necessary to improve pedestrian linkage to area, provide additional cycle paths and improve bus flow;

·         there has been a robust assessment of the development against policies including the St James Neighbourhood Plan;

·         at a public consultation event, there was 96% support for re-development of the area with 76% support for this proposal; and

·         the proposal has received the support of the Chamber of Commerce and Sport England.

Mr Iain McNeill, WSP, Transport Consultant

 

·         a robust assessment of transport needs of City Centre and adjoining areas confirms that there is capacity for change;

·         traffic flow in Paris Street, New North Road, Sidwell Street and High Street will be reduced;

·         traffic passing St. Sidwells School on York Road would reduce by 33%;

·         the new bus station layout along with dynamic stand allocation will ensure a much more efficient use of space;

·         a level pedestrian access route will be provided through to the City Centre;

·         there would be air quality improvements in a number of residential streets;

·         the concerns of the Highway Authority had been met after detailed discussions and subsequent amendment of the plans;

·         transport plans meet requirements of policies T1 and T2 of the St James Neighbourhood Plan;

·         there would be a reduction in conflict between pedestrians and vehicles; and

·         the development will be of benefit to the City.

Mr Russell O’Hare, TIAA Henderson Real Estate

 

·         the development will build on the “regional hub” that Exeter has become and improve the urban environment;

·         it will lead to a mix of national, regional and local retailers;

·         it will offer a community space with the Amphitheatre together with high quality retail and dining, all of which will further attract visitors to the City;

·         a viable business case is presented; and

·         provides a vibrant gateway to the City.

A wide ranging debate followed on the issues raised.

 

The Leader stated that the City Council had aspired to develop the site since the mid 1980’s but had been frustrated by a number of factors and that a viable development was only possible with private sector involvement. Consultation had shown an 80% majority in support of re-developing the site and the creation of over 700 jobs was an important factor. Significant debate had centred on the appropriate size for a new pool and he emphasised that the intention was to provide a family focused leisure centre which would be well catered for through a 25 metre pool. It would also be important for the re-development to contribute to the City’s night economy and a new leisure centre, allied to the other features in the site, would contribute to attracting more to visit the centre after 5pm. He called for the establishment of a Bus User Forum to meet with the designer of the bus and coach station facilities to ensure that all interests and concerns were addressed.

 

Some Members raised concerns covering a number of issues, primary being the effect on the city centre transport infrastructure as a result of closing the upper part of Paris Street and the design and size of both the proposed leisure complex and bus station.

It was felt that the former would increase traffic in the St. James area, impacting adversely on the York Road junctions resulting in congestion and a deterioration in air quality levels. The Bus Station proposal, it was felt, did not cater for medium to long-term expansion and development of bus services and that, in particular, it failed to address the issue of long distance coaches using the bus station. The servicing of varying bus passenger needs, it was believed, also required further thought. Whilst recognising that the replacement of the Pyramids was paramount, many did not feel that the suggested site was appropriate, in that it did not meet aspirations around a sporting legacy and that plans for the provision of this facility should be revisited with consideration given to a possibly larger option on a different site preferably outside the City Centre.

Other Members referred to the importance of catering comprehensively for the needs of cyclists with links to the major transport hubs with one Member referring to the procedure required in respect of a Stopping Up Order for Paris Street.

Another Member stated that the proposals had been acceptable to the County Council’s Development Management Committee and metthe Bus Station Development Principles approved in June 2012. Further, the leisure facilities proposed reflected policy KP3 of the Exeter Local Plan First Review for the sustainable redevelopment of this strategic Bus Station/Sidwell Street/Paris Street site.

Other Members also welcomed the plans for the area which would further enhance and protect Exeter’s City Centre, provide a vibrant gateway and transform a site in need of regeneration. It was seen as an appropriate next step following the Princesshay re-development with the pedestrianisation of part of Paris Street complementing that of Princesshay, with the amphitheatre area providing an added bonus.  Noting that discussions with key stakeholders and other interested parties for this £70 million investment had been a long process, not least in relation to transport matters, it was felt that acceptance of the proposal offered an attractive and sustainable way forward and it was stated that many of the concerns raised were likely to be addressed as reserved matters came forward.

The Assistant Director City Development advised that the bond of £500,000 required of the developer to fund mitigation measures arising from the traffic changes would also cover air quality issues and was included in a proposed Section 106 Agreement. A condition would require the provision of a Construction and Environment Management Plan with a further condition requiring interim arrangements for the operation of the bus services. He also advised that, following consideration of the location, characteristics and impacts of the development, it had been concluded that an Environmental Impact Assessment was not required.

 

The Devon County Council Head of Planning Transportation and Environment stated that the County Council’s Development Management Committee had supported the proposal subject to a legal agreement and conditions. He added the following points:-

·         the proposals to prohibit vehicular traffic on the top section of Paris Street between Dix’s Field and Sidwell Street would improve pedestrian flow between the High Street and Sidwell Street as this area has a very high pedestrian movement and clear, safe routes between the development (including the new Bus Station), Park and Ride stops and the High Street (and on towards the Cathedral) would ensure safe, easy access on foot for all;

·         provision of cycle access through this space to connect with Sidwell Street was considered to be an acceptable alternative route for cyclists to the existing route through Bampfylde Street that would be lost and contribute to the enhancement of the cycle network. The potential for cycling through the site was limited by high pedestrian flows;

·         the proposed alternative traffic arrangements to Paris Street displacing some traffic to roads in the St. James area had regard to Policy T2 and T3 of the St. James Neighbourhood Plan requiring proposals to protect and mitigate against the impact of traffic within residential streets, for which a bond of £500,000 was required;

·         the proposals for York Road were considered to accord with the aims of policies EN3, T1 and T2 of the Exeter St. James Neighbourhood Plan; and

·         it was the usual practise for a Stopping Up Order to be applied for after an outline permission had been granted.

Members agreed that a bus users group should be convened to input into the design of the Bus Station.

 

The majority of Members supported the recommendation.

 

Councillor Edwards, seconded by Councillor Sutton, moved the recommendation.

 

In accordance with Standing Order 27(1), a named vote on the recommendation was called for, as follows:

 

Voting for:

 

Councillors Bialyk, Branston, Brimble, Bull, Choules, Crew, Denham, Edwards, George, Hannaford, Hannan, Laws, Lyons, Morris, Morse, Packham, Pearson, Raybould, the Deputy Lord Mayor, Sheldon, Spackman, Sutton, Vizard, Wardle and Williams.

 

 (25 Members)

 

Voting against:

 

Councillors Baldwin, Brock, Buswell, Harvey, Henson, Holland, Leadbetter, Mottram, Newby, Owen, Prowse, Thompson and Shiel,

 

(13 Members)

 

Abstain:

 

Lord Mayor

 

(1 Member)

 

RESOLVED that the Assistant Director City Development, subject to prior consultation with the Chair of Planning Committee be authorised to APPROVE the application subject to the completion of a Section 106 Agreement under the Town and Country Planning Act 1990 to secure:-

 

Bus Station

·      The construction of the new bus station is secured by letting of a contract before the current one is taken out of use;

·           Programme to minimise duration of temporary arrangements as far as reasonably possible.

·           Operation of those temporary arrangements –

o    Circulation, stopping and layover arrangements

o    Waiting facilities with protection from the weather and information for passengers.

o    Office and staff facilities for bus operators.

·           A minimum site area, identified on plan, for the replacement bus and coach station, to accommodate bays (including layover bays) and circulation/turning area

·           LPA to approve management arrangements for the bus and coach station, as well as on-street stops and layover facilities.

·           Public Toilet arrangements

 

Highways

·           Funding for matters listed below and (up to £0.5 million) further works to mitigate unforeseen traffic impacts and/or air quality exceedances arising as a direct result of the development within the first two years from the opening of the development

·           Closure of existing accesses, interim arrangements, and creation of new accesses, including timing.

·           Road closures

·           Traffic circulation arrangements with all associated signage and markings, including one way working, bus lanes, and other restrictions and exemptions applicable to various types of traffic

·           Installation, modification, removal and/or replacement of traffic signals

·           Bus layover bays

·           Bus and coach stops, with shelters and real time information, for services not accommodated in the bus station forming part of the  Development

·           Signed walking routes between the bus station and the stops.

·           Cycle routes with directional and regulatory signage, including a fully signed route to replace the existing route between Paris Street and Cheeke Street via Bampfylde Street

·           Cycle parking within the Development and on adjacent highways, and access to the Development for cyclists

·           Traffic Regulation Orders

·           Taxi stands,

·           Occupier Travel Plans

·           Financial contributions as necessary to secure the above.

·           S278 fees incurred by DCC, including legal costs and inspection fees

·           Phasing of all of the above, including temporary arrangements during construction.

 

Public Realm

·           Future Maintenance/management provision (inc amphitheatre)

·           Walkways access agreement

·           CCTV

 

Other matters:

·           Local labour agreements

 

and subject also to the following conditions (which may be varied or supplemented as  appropriate):

 

	Condition
1	Commencement	Approval of the details of the layout, scale, appearance of the buildings, the means of access thereto and the landscaping for each phase of the development (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before that part of the development is commenced.   Reason: To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters.
2	Reserved matters	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 five years from the date of the permission, or before the expiration of two years from the date of the approval of the last of the reserved matters to be approved whichever is the later.   Reason:  To ensure compliance with section 91 - 93 of the Town and Country Planning Act 1990.
3	Approved plans	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 11 November 2015 (dwg. Nos GA0005 rev01, PP9001 rev 05, PP9002 rev 05, PP9003 rev 05) as modified by other conditions of this consent.   Reason: In order to ensure compliance with the approved drawings.
4	Design Codes	The submission of all reserved matters and the implementation of development shall be carried out in substantial accordance with the Design and Access Statement received 12 November 2015 and with Design Codes agreed in writing by the Local Planning Authority.   Reason: To define the scope of this permission.
5	Phasing	Before the submission of the first application for reserved matters approval a phasing plan shall be submitted to and approved in writing by the Local Planning Authority. Unless otherwise agreed in writing by the Local Planning Authority the development shall be undertaken in accordance with the agreed phasing plan.   Reason: To enable the site to be delivered in discrete phases.
6	Floor spaces and uses condition 1	The gross internal area of the development hereby approved shall not exceed 27,547 square metres.   Reason: In order to ensure that development accords with the submitted information.
7	Floor spaces and uses condition 2	The gross internal area of the development hereby approved used for A1 (shops) shall not exceed 11,000 square metres.   Reason: In order to ensure that development accords with the submitted information.
8	Floor spaces and uses condition 3	The gross internal area of the development hereby approved used for A3 (restaurants and cafes) shall not exceed 9,500 square metres.   Reason: In order to ensure that development accords with the submitted information.
9	Floor spaces and uses condition 4	The gross internal area of the development hereby approved used for A2 (financial and professional services), A4 (drinking establishments) and A5 (hot food takeaways) shall not exceed 750 square metres in total.   Reason: In order to ensure that development accords with the submitted information.
10	Floor spaces and uses condition 5	The gross internal area of the development hereby approved used for D2 uses (assembly and leisure) including cinema, sports and leisure shall not be less than 6,800 square metres.   Reason: In order to ensure that development accords with the submitted information.
11	Floor spaces and uses condition 6	The area shown as Bus Station being a minimum of 3200 square metres and a maximum of 3700 square metres on Plan PP-9001 received 12 November 2015 shall be retained for the purpose of a Bus Station.   Reason: In order to ensure that development accords with the submitted information and to replace the existing bus station with a facility that will contribute to achieving a step change in the quality and capacity of public transport, in accordance with policy CP9 of the adopted Core Strategy.
12	Floor spaces and uses condition 7	Block A shall comprise a minimum of 75% floorspace in A1 (shops) use, unless otherwise agreed in writing by the Local Planning Authority.   Reason: In the interests reinforcing the retail function of the High Street in Exeter.
13	Floor spaces and uses condition 8	Kiosk buildings in Paris Street shall total no more than 5 in number, and have a footprint of no more than 50 square metres each, a total combined footprint of no more than 200 square metres, and shall be A1 (shops), A3 (restaurants) or A5 (hot food takeaways) unless otherwise agreed in writing by the Local Planning Authority.   Reason: In order to ensure that development accords with the submitted information.
14	Additional details (prior to commencement)	Notwithstanding condition no. 3 no work shall commence on any phase under this permission until full details of the following have been submitted to and approved in writing by the Local Planning Authority in so far as they relate to that phase and the following shall thereafter be provided in accordance with such details:   a)    Weather protection strategy b)    A shopfront and advertisement design guide; c)    Public Art strategy. d)    Sustainable fit-out guidance for landlord and tenant areas.   Reason: Insufficient information has been submitted with the application and in the interests of visual amenity.
15	External lighting	Notwithstanding condition no. 3 full details of all external lighting shall have been submitted to and approved in writing by the Local Planning Authority and shall thereafter only be provided in accordance with such approved details.   Reason: Insufficient information has been submitted with the application and in the interests of amenity.
16	Plant Details	Notwithstanding condition no. 3 full details of the following shall have been submitted to and approved in writing by the Local Planning Authority and the following shall thereafter only be provided in accordance with such approved details:   a)    All external plant and plant operating in externally ventilated plant rooms b)    Kitchen extraction and discharge, including, smoke grease and odour control in accordance with DEFRA Guidance on the control of odour and noise from commercial kitchen exhaust systems.   Reason: Insufficient information has been submitted with the application and in the interests of amenity.
17	Bus Station specification	A detailed specification for the Bus Station Shall be submitted to and approved in writing by the Local Planning Authority before development of that phase commences. A contract for the construction of the bus station in accordance with the approved specification shall be let before the current bus station is closed.   Reason: To replace the existing bus station with a facility that will contribute to achieving a step change in the quality and capacity of public transport, in accordance with policy CP9 of the adopted Core Strategy.
18	Materials	Samples of the materials it is intended to use externally in the construction of the development shall be submitted to the 19Local Planning Authority. No external finishing material shall be used until the Local Planning Authority has confirmed in writing that its use is acceptable. Thereafter 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.
19	Environmental performance	Unless otherwise agreed in writing by the Local Planning Authority the buildings hereby approved shall achieve an overall BREEAM scoring of 60 percent or greater and shall achieve the mandatory credits required for BREEAM ‘excellent’ standard for shell only, with the exception of Ene01. 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. Where this does not meet the above requirement the developer must provide details of what changes will be made to the development to achieve that 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: To ensure that the proposal is in accordance with the aims of Policy CP15 of Council's Adopted Core Strategy and in the interests of delivering sustainable development.
20	District Heating	Submission of Reserved Matters for any phase shall be accompanied by a strategy for the future connection of buildings within that phase which shall be submitted to and approved in writing by the Local Planning Authority before development in that phase commences.   Reason: In accordance with the requirements of policy CP13 of the Exeter Core Strategy 2012 and in the interests of sustainable development.
21	CEMP	No development shall take place in any phase until a provision is made for a Construction and Environment Management Plan (CEMP) for that part of the development and this has been has been submitted to, and approved in writing by, the Local Planning Authority. This shall address the following issues: Noise, dust, vibration, construction access, hours of work, dirt on the highway, protection of the public, protection from contamination, waste management and ecology.   Notwithstanding the details and wording of the CEMP the following restrictions shall be adhered to: a) There shall be no burning on site during demolition, construction or site preparation works; b) Unless otherwise agreed in writing, no construction or demolition works shall be carried out, or deliveries received, outside of the following hours: 0800 to 1800 hours Monday to Friday, 0800 to 1300 on Saturdays, and not at all on Sundays and Public Holidays; c) Noise and dust suppression measures shall be employed as required during construction in order to prevent off-site dust nuisance. d) Noise and dust monitoring shall be undertaken to an agreed programme. e) Site hoarding shall be kept clear of graffiti and fly-posting.   The approved CEMP shall be adhered to throughout the construction period.   Reason: In the interest of the protection of public health and the avoidance of unnecessary nuisance to existing and future residents these matters need to be agreed before development starts.
22	Noise limit for all plant	The rating level of the total noise emissions from plant installed at the development shall not exceed the existing background noise levels at any existing residential receptor, assessed in accordance with BS 4142: 2014. Unless otherwise agreed in writing with the Local Planning Authority, the existing background noise levels at one metre from the façade of any residential receptor shall be taken as 44 dB LA90, 1 hour daytime (07:00-23:00) and 39 dB LA90, 15 minute at night (23:00-07:00).   Before any individual unit is first brought into use the developer shall submit noise limits for building services mechanical plant at specified receptor locations for each unit. The unit shall thereafter only be occupied in accordance with the agreed noise limits.   Reason: In the interests of residential amenity.
23	Noise management plan (operational phase)	Prior to occupation in any phase a noise management plan controlling timings of activities (for external spaces, leisure uses, deliveries) for that phase of the development has been submitted to, and approved in writing by, the Local Planning Authority.   Reason: In the interests of residential amenity.
24	Drainage scheme	A surface water management strategy for each phase of the development shall be submitted to and approved in writing by the Local Planning Authority before development of that phase commences on site. The approved strategy shall subsequently be implemented on site before any building in that phase is first brought into use.   Reason: In the interests of sustainable drainage.
25	Archaeology	No development related works shall take place in any phase until a written scheme of archaeological work for that phase has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include on-site work, and off-site work such as the analysis, publication, and archiving of the results, together with a timetable for completion of each element. All works shall be carried out and completed in accordance with the approved scheme, unless otherwise agreed in writing by the Local Planning Authority.   Reason: To ensure the appropriate identification, recording and publication of archaeological and historic remains affected by the development.
26	Landscaping scheme & maintenance details	A detailed scheme for landscaping for each phase of the development, including the planting of trees and/or shrubs, the use of surface materials and shall be submitted to the Local Planning Authority and no building in that phase shall be brought into use 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.
27	Replacement planting	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.
28	Wildlife Plan	A Landscape and Ecological Management Plan for each phase of the development, which demonstrates how the proposed development has been designed to enhance the ecological interest of the site, and how it will be managed in perpetuity to enhance wildlife shall be submitted to and approved by the Local Planning Authority. Thereafter the development of that phase shall be carried out and managed strictly in accordance with the approved measures and provisions of the Landscape and Ecological Management.   Reason:In the interests of protecting and improving existing, and creating new ecological and landscape enhancements in the area.
29	Permitted Development restrictions	Notwithstanding the provisions of Part 2 Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revising, revoking and re-enacting that Order with or without modification) no fences, walls or other means of enclosure shall be erected within the site without the prior written approval of the Local Planning Authority.   Reason: In the interests of preserving the visual amenity and openness of the site.
30	Advertisement restrictions	Notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 or any Order revising, revoking and re-enacting that Order with or without modification), no advertisements shall be erected under deemed consent without the prior approval of the Local Planning Authority.   Reason: In the interests of preserving the visual amenity and to ensure advertisements are erected in accordance with the requirements of condition 14.
31	Pollution Control 1	Unless otherwise agreed in writing, no development shall take place in any phase until a scheme that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:   1) A site investigation scheme, based on the preliminary Risk Assessment to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 2) The results of the site investigation and detailed risk assessment referred to in (1) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.   3) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (2) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved. Reason: To prevent pollution to controlled waters and unacceptable risks from contamination.
32	Pollution Control 2	No occupation of any part of the permitted development / of each phase of development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority.  The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.  It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved. Reason: To protect the water environment, to prevent pollution and prevent unacceptable risks from contamination.
33	Pollution Control 3	Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details. Reason: To prevent pollution of controlled waters and prevent unacceptable risks from contamination.
34	Unexploded Ordinance	No phase of the approved development shall take place on site until an investigation has taken place to determine the risk posed by Unexploded Ordinance relating to that part of the site and the results, together with any further works necessary, have been agreed in writing by the Local Planning Authority. The approved works shall be implemented in full and a completion report shall be submitted to the Local Planning Authority for approval in writing prior to the commencement of the development.   Reason: In the interests of public safety.
35	Off-site highway works	Before Paris Street is stopped up or otherwise closed to vehicular traffic the following measures, as shown on plan 31125-SK-249 rev D received 23rd December 2015, or such alternative measures as may be agreed in writing by the Local Planning Authority in consultation with the Local Highway Authority, shall have been implemented:   a)    Road closures; b)    Traffic circulation including one-way working, bus lanes, and other restrictions and exemptions; c)    Layover bays; bus and coach stops with shelters and real time information for services not accommodated in bus station; and signed walking routes to and from these stops; cycle routes with directional and regulatory signage (including fully signed route to replace existing route via Bampfylde Street); d)    Cycle parking within and around the site, and access for cyclists; and e)    Other changes to the highway network as shown on that plan.   Reason: To ensure suitable mitigation works are in place to prevent a severe impact on the local highway network, in accordance with Paragraph 32 of the NPPF.
36	Interim Arrangements for buses	Before Paris Street is stopped up or otherwise closed to vehicular traffic or the Bus and Coach Station is taken out of operational use and interim arrangements for the operation of bus services (including the necessary legal arrangements) as agreed by the Local Planning Authority in consultation with the Local Highway Authority, shall have been implemented. This shall include:   a)    Provision for the circulation, stopping and layover of buses; b)    Waiting facilities with protection from the weather and information for passengers.   Reason: To provide suitable public transport facilities and ensure that adequate provision is made for sustainable modes, in accordance with section 4 of the NPPF.
37	Bus and Coach Stops	The detailed provision for accommodating buses and coaches in the bus station and adjacent highway network shall be submitted to and approved in writing by the Local Planning Authority before development of the bus station commences.   Reason: To provide appropriate access to public transport facilities and ensure that adequate provision is made for sustainable modes in accordance with section 4 of the NPPF.
38	Tourist coach stops	Before the existing Bus and Coach parking area is taken out of operational use alternative off-site arrangements for visiting touring coaches to set down and pick up passengers, as shown on plan 31125-SK-240 revision A received 11 November 2015 or such alternative measures as may be agreed by the Local Planning Authority in consultation with the Local Highway Authority, shall have been implemented.   Reason: To ensure suitable alterations to the Highway Network are put in place in a timely manner.
39	Highways	No part of any of the development shall be occupied until details of the cycle parking provision for visitors and staff have been submitted to and approved in writing by the Local Planning Authority and have been provided for those purposes. These facilities shall be maintained for those purposes thereafter.   Reason: To provide adequate facilities for sustainable transport.
40	Highways	A comprehensive Framework Travel Plan for each phase shall be submitted to and approved in writing by the Local Planning Authority in advance of occupation of the development. The approved travel plan measures will be implemented to the satisfaction of the Local Planning Authority   A review of travel patterns for the site shall be undertaken within 6 months of occupation of the development and updated on a basis as agreed in writing with the Local Planning Authority thereafter.   Reason: To ensure that the development promotes all travel modes to reduce reliance on the private car, in accordance with paragraph 36 of the NPPF.
41	Service yard management	Unless otherwise agreed in writing by the Local Planning Authority no part of Blocks C or D as shown in the approved plans shall be brought into its intended use until the access to commercial vehicle loading/unloading area from Cheeke Street has been provided, surfaced and marked out in accordance with the requirements of this permission and shall be retained for those purposes at all times. No part of Blocks A, B or E shall be brought into its intended use until adequate provision for loading/unloading of service vehicles has been provided, surfaced and marked out in accordance with the requirements of this permission and shall be retained for those purposes at all times. Reason: To ensure that adequate facilities are available for the service traffic.