Agenda item

Planning Application No. 16/0405/16 - Belgrave Road, Exeter

Meeting of Planning Committee, Monday 3rd October 2016 5.30 pm (Item 72.)

To consider the report of the Assistant Director City Development.

Minutes:

The Principal Project Manager (Development) (HS) presented the revised scheme for demolition of existing buildings and redevelopment to provide student accommodation (Sui Generis), ancillary facilities, and ground floor uses in classes A1 (shops), A2 (financial and professional services), A3 (restaurants and cafes), A4 (drinking establishments), D1 (non-residential institutions) and D2 (assembly and leisure), with cycle parking provision and public realm improvements.

Members were circulated with an update sheet - attached to minutes. The Principal Project Manager (Development) (HS) reported that the revisions to the scheme would also affect the Community Infrastructure Levy (CIL) and New Homes Bonus (NHB) that the City Council receives.New Homes Bonus that would be paid to Exeter City Council on the revised scheme was £211,868.86 per year currently paid for six years which would total £1,271,213.10. The Community Infrastructure Levy Payable on the revised scheme would be £947,888.36. He also advised that the suggested condition 2 would be amended to list the approved plans.

Ms Goddard spoke against the application. She raised the following points:-

· represent the Deltic Group as General Manager of Unit 1;

· Deltic Group has operated this very successful late-night leisure venue since June 2007. The venue opens between 10pm until 2.30am Mondays to Thursdays and 10pm to 3.30am on Friday and Saturdays. It has a capacity of 850 people and the site has operated as a licensed venue since before 2000. Believe Unit 1 is Exeter's biggest and best nightclub. It has a massive dancefloor, incredible visuals and a state of the art sound system;

· the immediate local area has always had a mix of commercial businesses which generally traded during the daytime and were closed at night. Local residential properties existed beyond the immediate area and so historically have not been affected by the club;

· this situation recently changed with the approval of a large student accommodation complex on the adjoining site at Townsend Printers in Western Way, Exeter. Noise surveys undertaken were totally inadequate for purpose and the noise attenuation measures within the new development have proved to be totally inadequate. This has generated noise complaints from the occupants of the new student accommodation;

· the current planning application has a potential for future noise and disturbance to new residents at the application site. Unit 1 lies immediately adjacent to the application site and complaints from future residential occupiers of the application site could lead to calls for possible restrictions on business and opening hours;

· it is essential that further consideration is given to the proposed development, as there would be a clear conflict between the nightclub and the residential units. The imposition of conditions has failed to address the noise issues raised at the Printers site and may similarly be insufficient in this case. The issue of potential noise impact is fundamental to the principle of development in this case;

· Deltic Group have appointed specialist acoustic consultants to review the recently submitted noise comments from the applicant’s noise consultants. This review has identified a number of flaws in the applicant’s evidence on noise;

· no additional noise measurements have been undertaken so the assessment is based on the measurements obtained on a Tuesday night at 4.5 metres above ground – which may underestimate the level of noise break-out via the roof;

· recommendations are now provided for glazing and ventilation units for all of the courtyard from gridlines 3 to 11, which is assumed refers to both the north and south sides of the courtyard;

· still no recommendations for courtyard rooms between gridlines C and D. As a minimum these should be the same as recommended for gridlines 7 to 3;

· the noise report indicates that ventilation units will be provided for background ventilation and cooling, although windows may be still be openable for rapid ventilation. Consequently, there will be noise issues when windows are opened;

· the proposed development is located at a similar distance from the Unit 1 night-club as an accommodation block in the Printworks where complaints due to night-club music break-out have arisen and where recent tests have shown that the night-club music (especially bass beats) are clearly audible with windows open;

· overall, the night club use has not been adequately addressed in the submitted Noise Assessment, with the risk that future occupants will be exposed to excessive noise;

· in summary, it has not been demonstrated that the proposed residential units can be adequately constructed to be wholly attenuated against the nature and type of noise peaks in the vicinity late at night. Indeed, even if the proposed residential units are constructed with triple glazed windows, fixed windows to the elevations adjacent to the noise-generating uses, air conditioning and all noise-sensitive rooms are located away from the noise-generating uses, this may still be insufficient to protect the amenities of future residential occupants from peak noise incidents.

Mr Griffiths spoke in support of the application. He raised the following points:-

· the company takes very seriously its desire to provide quality student accommodation in the City;

· following deferral at the previous meeting to consider further issues relating to noise, height and massing further discussions were held with officers and it is believed that a satisfactory solution has been found within a revised scheme;

· heights have been reduced which increases light into the courtyards;

· impact of views from various distances have been reduced and the development will sit better within the Grecian Quarter;

· a full noise impact assessment has been undertaken and discussion held between the company’s head of property and Unit I’s acoustic consultants. Noise levels have been fully addressed and mitigation measures identified and set out in conditions.

He responded as follows to Members’ queries:-

· recognise that student parking is an emotive issue in university cities and believe that it is more a problem with houses in multiple occupation than purpose built student accommodation. Believe that effective control can be maintained through the management company who will run the blocks and effective community liaison. Moreover, parking can be controlled by effective conditions in the lease agreements whereby student give an undertaking not to bring cars and this will be included in the leases for this scheme. In the past 15 years one student has been evicted from purpose built accommodation run by the company for failing to bide by this requirement;

· views of building designs are subjective and it is believed that this is a quality design and has already been considered by the Devon Design Review Panel, who are supportive. Are of the view that the proposal will improve the overall build environment and complement the future development of the Grecian Quarter. Great care has been taken to ensure that the development complies with the Grecian Quarter SPD;

· service and acoustic engineers are confident that mitigation measures, including the ventilation strategy, will be satisfactory and that the occupants will not be disturbed by outside noise. Important to ensure that no adverse comments from students are disseminated through social media.

The recommendation was for approval subject to the conditions as set out in the report.

RESOLVED that, subject to a Section 106 Agreement under the Town and Country Planning Act 1990 to secure:-

· a District Heating Contribution of £86,447;

· student management plan;

· off-site highway works; and

· traffic order costs

the Assistant Director City Development be authorised to APPROVE the application for the demolition of existing buildings and redevelopment to provide student accommodation (Sui Generis), ancillary facilities, and ground floor uses in classes A1 (shops), A2 (financial and professional services), A3 (restaurants and cafes), A4 (drinking establishments), D1 (non-residential institutions) and D2 (assembly and leisure), with cycle parking provision and public realm improvements on the basis of the amended plans being secured by an amended condition 2, and subject also to following conditions, which may be varied or supplemented as appropriate:-

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.

Condition 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 as listed below and as modified by other conditions of this consent.

Floor and roof plans AP099 rev 03, AP100 rev 03, AP101 rev 03, AP102 rev 03, AP103 rev 03, AP104 rev 03, AP105 rev 03, AP106 rev 03, AP107 rev 03, AP108 rev 03 received 26 September 2016.

Elevations AP112 rev 00, AP120 rev 03, AP121 rev 03, AP122 rev 03, AP123 rev 03, AP124 rev 03, AP125 rev 03, AP126 rev 03, and AP127 rev 03 received 26 September 2016.

Sections drawings AP110 rev 03, and AP111 rev 02 received 3 Oct 2016

Landscape Framework Plan 5098 L94.01 rev P9 received 12 July 2016

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

Samples of the materials it is intended to use externally in the construction of the development shall be submitted to the Local 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 to the visual amenity requirements of the area.

A detailed scheme for landscaping and ecological enhancement of the site, including the planting of trees and/or shrubs, the use of surface materials and opportunities for wildlife shall be submitted to the Local Planning Authority and the development shall not 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 and ecological enhancement measures 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.

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.

No development related works, with the exception of demolition works, shall take place until a written scheme of archaeological work 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.

No development approved by this planning permission (excluding demolition), shall take place 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 scheme shall include the following components:

a) A preliminary risk assessment which has identified: All previous uses, potential contaminants associated with those uses, a conceptual model of the site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination at the site.

b) A site investigation scheme, based on (a) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

c) The results of the site investigation and detailed risk assessment referred to in (b) 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.

d) 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 (c) 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 protect human health and controlled waters.

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

Reason: To protect human health and controlled waters.

No development shall take place, including any works of demolition and any earthworks, until a Construction and Environment Management Plan (CEMP) 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.

f) Details of access arrangements and timings and management of arrivals and departures of vehicles

The approved CEMP shall be adhered to throughout the construction period.

10)

Details of the storage and management of waste for each unit and the residential accommodation shall be agreed in writing by the Local Planning Authority before that part of the development is first occupied.

Reason: In the interest of public health and amenity and to ensure footways are not obstructed.

11)

The applicant shall submit a scheme for protecting occupiers of the development from noise. This shall be submitted to and approved by the Local Planning Authority before construction commences and shall be implemented before any part of the residential accommodation is first occupied.

Reason: In the interests of the living conditions of future occupiers.

12)

Before any unit is brought into an A3 use, a scheme for the installation of equipment to control the emission of fumes and smell from the premises shall be submitted to, and approved in writing by, the local planning authority and the approved scheme shall be implemented. All equipment installed as part of the scheme shall thereafter be operated and maintained in accordance with the manufacturer's instructions.

Reason: In the interests of public and residential amenity.

13)

Before any unit is brought into an A3 or A4 D1 or D2 use, a scheme for the management of noise and external spaces shall be submitted to, and approved in writing by, the local planning authority and the approved scheme shall be implemented. The use of that unit shall thereafter be carried out in accordance with an approved management scheme.

Reason: In the interests of residential amenity.

14)	Noise from mechanical building services plant shall not exceed the limits set in Table 14 of the Kimber Acoustics Ltd Noise Assessment Report for The Land between Belgrave Road and Bampfylde Street, Exeter Issue 4 dated 24 June 2016. Reason: In the interests of residential amenity.

15)	The CHP engine, plant and chimney shall be constructed in accordance with the submitted details and shall be implemented in full unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of protecting air quality.

16)

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) Detailed layout(s) of plant rooms associated with the space heating and provision of hot water to the building.

b) Sustainable fit-out guidance for landlord and tenant areas.

c) Detailed design of eaves and roof edges

d) Detailed design of windows, doors and panel cladding systems.

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

17)

No part of the development hereby approved shall be brought into its intended use until the pedestrian crossing improvement to Bampfylde Street as indicated on Landscape Framework Plan Rev P8, or other scheme as agreed in writing by the Local Planning Authority, has been provided in accordance with details and specifications approved in writing by the Local Planning Authority.

Reason: To provide safe and suitable access for traffic generated by and attracted to the site.

18)

No part of the development hereby approved shall be brought into its intended use until the loading bays on Belgrave Road and Bampfylde Street and Landscaping proposals outlined on the Landscape Framework Plan Rev P8, have been provided in accordance with details and specifications that shall have been approved in writing by the Local Planning Authority.

Reason: To provide safe and suitable access and adequate facilities for traffic attracted to the site.

19)

Travel Plan measures including the provision of sustainable transport welcome packs and details of the arrangements of how student pick up/drop off will be managed, shall be provided in accordance with details agreed in writing by the Local Planning Authority and Local Highway Authority in advance of occupation of the development.

Reason: To promote the use of sustainable transport modes and in the interest of highway safety, in accordance with paragraphs 32 and 36 of the NPPF.

20)

Prior to commencement of the development (excluding demolition), details of secure cycle parking provision for the development shall be submitted to and approved in writing by the Local Planning Authority. Development shall not be occupied until the secure cycle parking facilities have been provided in accordance with the submitted details.

Reason: To provide adequate facilities for sustainable transport.

21)

No part of the residential accommodation shall be brought into its intended use until the secure cycle parking facilities have been provided in accordance with the submitted details and maintained for these purposes at all times.

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

22)

The residential accommodation shall be constructed with centralised space heating and hot water systems that have been designed and constructed to be compatible with a low temperature hot water District Heating Network in accordance with the CIBSE guidance "Heat Networks: Code of Practice for the UK". The layout of the plant room, showing provision for heat exchangers and for connection to a District Heating Network in the Highway shall be submitted to and approved in writing by the Local Planning Authority and the approved details shall be implemented on site unless otherwise agreed in writing.

Reason: In accordance with the requirements of policy CP13 of the Exeter Core Strategy 2012 and in the interests of sustainable development.

23)

The development hereby approved shall not commence, with the exception of demolition works, until details of the proposed finished floor levels and overall ridge heights, in relation to an agreed fixed point or O.S datum have been submitted to, and been approved in writing by, the Local Planning Authority. Thereafter the development shall be implemented in accordance with the approved details.

Reason: In the interests of the visual amenities of the area.

24)

Unless otherwise agreed in writing by the Local Planning Authority the A and D class units hereby approved shall achieve an overall BREEAM scoring of 60 percent or greater for shell and core only. Unless otherwise agreed in writing by the Local Planning Authority the residential units hereby approved shall achieve an overall BREEAM scoring of "excellent" (70 percent or greater). Prior to commencement of development 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 requirements 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.

25)

Construction of the development hereby approved shall only be carried out in accordance with the recommendations in the submitted Explosive Ordnance Desk Top Study for Stagecoach Bus depot, Belgrave Road, Exeter (Project 15200 EOD Contracts Ltd dated 11/05/2015) received 31 March 2016.

Reason: In the interests of public safety.

26)	No part of the approved development shall be occupied until the drainage works have been completed in accordance with the approved plans. Reason: To ensure the satisfactory drainage of the development.

Supporting documents: