Agenda item

To consider the report of the Assistant Director City Development.

The Project Manager (Planning) (KW) presented the application for the erection of a B1 Office Building, access and associated infrastructure works.

The application had been deferred at the October meeting of this Committee for the proposal to be considered by the Devon Design Review Panel.

Members were circulated with an update sheet - attached to minutes. This sheet also contained the recommendations of the Design Review Panel.

Councillor Baldwin attended the meeting and spoke on this item under Standing Order No. 44. She made the following points:-

·         this application is the final phase of a three phase history of this and two adjoining sites, all strategically important in terms of the Topsham Gap open space.

·         following the granting of permission for Phase I, Phase II, was also granted permission, the density being close to the permissible maximum. At this stage, the issue of open space provision had become blurred and sidelined when a Section 106 Agreement under the Town and Country Planning Act 1990 requiring a contribution of £40,500 to improve open space generally in the Topsham area was agreed;

·         accept there is a shortage of housing in Exeter but a three storey building in an environmentally sensitive area is not appropriate;

·         citing proximity to the Retreat Boatyard in support is misleading as the Retreat Boatyard was in situ before the recent housing developments as well as Wessex Close and is already well screened from Exeter Road. These developments have compromised the Boatyard which has had to downsize and also suffered from other operational problems; and

·         propose that the application be refused and that the money obtained through the Section 106 Agreement be used for the original purpose of providing a play area on this area of land.

Councillor Leadbetter attending the meeting under Standing Order No. 44 stated that he supported the comments of Councillor Baldwin.

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

·         at the previous meeting, stated that the Topsham Society would not contest the Design Review Panel assessment. Whilst still having severe misgivings about the scale, mass and appropriateness of the proposals, will not renege on this undertaking;

·         note that the Council has refused permission to make representations to the Panel, although the Society obtained the agreement of officers to a compromise joint statement. However, this was countermanded at the last minute, leaving the Panel without vital context and the applicant inexplicably with an uncontested presentation. Far from being a blind session, the applicant had a “heads up” on the outcome, instigating changes before the report was issued. This underscores community concerns about balance and fairness;

·         whilst ignoring context, the Panel raised key concerns about the design, making these a condition of its support. The applicant ignored most key concerns. Having consulted the Panel it’s recommendations should be implemented in full;

·         even the limited changes made are material departures from the previous proposal and this application must therefore be properly reconsulted or resubmitted;

·         at the previous meeting, Members voiced disquiet about the “incremental” basis of Heritage's applications. The site still has an LS1 policy area established by the Council to prevent the settlements coalescing. Ignoring this now, will expose the authority to applications on all LS1 land;

·         given the track record, the applicant may return in a few months time saying that he doesn't want to build that replacement golf range on the North Gap land, but 150 houses instead;

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

·         at the previous meeting the objector stated that the Topsham Society would accept the decision of the Design Review Panel but is now continuing to object despite the support of the Panel;

·         the Panel has provided full, final and qualified seal of approval;

·         the applicant has taken on board the proposals put forward by the Panel including materials, mass, scale, height and proximity to the motorway, an entrance has been provided off Retreat Drive and the building has been moved away from Exeter Road with additional landscaping factored in

·         the top floor roof box has been changed as suggested by the Panel;

·         the Panel also gave its blessing to the principle of the use of the site for office purposes which it believed was suitable and fitted in well with the street scene and was a good use of a poor piece of land next to other commercial uses. The panel also felt that the impact on the Topsham Gap was not significant

·         there are no planning grounds for refusal; and

·         request the Committee heeds the view of the Panel

He responded as follows to Members’ queries’:-

·         believe the application remains within the required date of determination;

·         the Panel Chair stated that office use was appropriate for this piece of land but this was not confirmed in writing within the Panel report

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

RESOLVED that planning permission for the erection of a B1 Office Building, access and associated infrastructure works be REFUSED because of the adverse impact on the strategic Topsham Gap.