Agenda item

Planning Application No. 16/0864/03 - Land to rear of Crawford Hotel, Alphington Road, Exeter

To consider the report of the Assistant Director City Development.

 

Minutes:

The Assistant Director City Development presented the application for four new dwellings.

 

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

 

·         serious reservations on behalf of residents relating to access, parking in the neighbourhood and insufficient parking for the new development, noting that the four properties could generate up to four vehicles each, including visitors;

·         the local community works with the Police over the problem of illegal parking which is a safety issue and which will be exacerbated should this development be brought forward;

·         residents acknowledge need for housing but believe that an access off Retail Park Close would be preferable which would help mitigate parking problems in Percy Road;

·         appreciate developer need to maximise profit but commercial drivers should not trump public safety and quality of life; and

·         application should be rejected as the development will have a real and negative impact on residents.

 

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

 

·         a month or so ago the merits of this planning application were considered when the only concerns related to highway safety and car parking and it was suggested that the officers’ report and other specialists had "got it wrong”

·         suggest that this isn't the case as the facts are clear. Highways Officers have looked at this scheme twice and decided that it is acceptable. City Council Planning Officers have assessed the scheme on two occasions and came to the same conclusion. Furthermore, a Planning Inspector has determined an appeal which also concluded that the scheme is safe in highway terms. It is suggested therefore that there is significant evidence to demonstrate that the scheme is acceptable;

·         as requested, the applicant was asked about changing the layout and access design but instructed to proceed with this scheme. The applicant is not a developer, they have spent considerable time and resource to progress an application for much needed housing and now wish to dispose of the surplus land to allow it to be productively used. It is not believed that the alternative access is suitable or preferable and the highways officers support this opinion; and

·         is suggested that the application is wholly acceptable as demonstrated by technical evidence and the advice of officers; and

·         the applicant is minded to appeal should the application be refused on the basis that there is no technical evidence to suggest that this application should not be approved.

 

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

 

RESOLVED that, subject to the addition of an informative that the Council’s preferred option would be an access off Retail Park Close and it would therefore be likely to make any necessary land in its ownership available to any future developer to enable this access to be realised, planning permission for four new dwellings be APPROVED, subject to the following conditions:-

 

1)

C05  -  Time Limit - Commencement

 

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 11 July 2016 (dwg. nos. 0-0002 Revision A and 1-0003 Revision B, and Design and Access Statement) and 10 October 2016 (dwg. no. 0-0001 Rev. A),as modified by other conditions of this consent.

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

 

3)

C17  -  Submission of Materials

 

4)

Any individual dwelling hereby approved shall achieve Code for Sustainable Homes Level 5 (Zero Carbon) in accordance with the requirements of the Code for Sustainable Homes 2006, the Code for Sustainable Homes Technical Guide November 2010 and the Code Addendum May 2014 (or such equivalent standard that maybe approved in writing by the Local Planning Authority) and Exeter Core Strategy Policy CP15.

Reason: In the interests of sustainable development.

 

5)

Prior to commencement of any dwelling the developer shall submit to the Local Planning Authority a Design Stage Code for Sustainable Homes (CSH) assessment including the score expected to be achieved and which standard this relates to. Where this does not meet the minimum required standard in relation to the energy elements the developer must provide details of what changes will be made to the development to achieve the minimum standard in respect of those elements of the code, and thereafter implement those changes. Unless otherwise agreed in writing by the Local Planning Authority, no dwelling shall be occupied until an application for a Final Code Certificate has been made seeking certification that the required Code Level has been achieved and within one year of occupation of any dwelling the developer shall submit to the Local Planning Authority a Final Code Certificate to demonstrate that a Final Code Level of 4 in respect of the energy elements has been achieved as required above.

Reason: To ensure that the proposal complies with Policy CP15 of Council's Adopted Core Strategy and in the interests of delivering sustainable development.

 

6)

Unless otherwise agreed with the Local Planning Authority, the development shall be carried out in line with the recommendations contained in submitted Ecological Appraisal and the Flood Risk Assessment.

Reason: To ensure that opportunities for wildlife enhancements are maximised and in the interests of minimising flood risk over the lifetime of the development. 

 

7)

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: In the interests of amenity.

 

8)

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:  In the interests of amenity.

 

9)

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 protect neighbouring residential amenities.

 

10)

The applicant shall undertake a noise assessment to determine whether noise from plant, equipment and deliveries at the adjacent retail store would be likely to cause disturbance and annoyance to residents of this site. The assessment shall be submitted for approval in writing by the Local Planning Authority prior to commencement of the development. If, following the above assessment, the Local Planning Authority concludes that noise mitigation measures are required, the applicant shall then submit a scheme for protecting the proposed development from noise from the adjacent store. This shall be based on the results of the above assessment and shall be submitted to and approved by the Local Planning Authority before development commences. All works that form part of the scheme shall be completed before any of the approved development is occupied.

Reason: To protect the residential amenities of future occupants of the dwellings.

 

11)

No development shall take place on site 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 buildings 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 no unacceptable risks remain.

Reason: To protect the health and safety of future occupants of the dwellings.

 

12)

No part of the development hereby approved shall be occupied until the amendments to Percy Road boundary wall, dropped kerb vehicular access, on site layout, footpaths, car and cycle parking facilities, as outlined in Drawing 1-0003 Revision B, have been provided and retained for that purpose at all times.

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

 

13)

No more than three of the dwellings hereby approved shall be occupied until a shared use pedestrian/cycle connection to the eastern boundary of the site with Retail Park Close, as indicated on drawing 1-0003 Revision B, has been provided and made available for public use in accordance with details to be approved by the Local Planning Authority and maintained for this purpose at all times.

Reason: To provide adequate facilities to promote the use of sustainable modes, in accordance with Section 4 of the National Planning Policy Framework.

 

14)

The development shall incorporate into the fabric of the buildings nesting opportunities for swifts. Details of how this shall be achieved must be submitted to, and approved by, the Local Planning Authority. The development shall thereafter be built in accordance with these approved details. 

Reason: In the interests of providing biodiversity enhancements on the site.

 

 

 

Supporting documents: