Agenda item

Planning Application No. 16/1576/01 - Home Farm, Pinhoe

To consider the report of the Assistant Director City Development.

 

Minutes:

The Assistant Director City Development presented the outline application for the phased development of up to 120 dwellings (C3) with associated infrastructure and open space (all matters reserved for future consideration apart from access)

 

He detailed the planning background including the decision of the Inspector allowing an appeal in respect of an earlier application, legal agreements relating to affordable housing, open space and highway matters including the agreement of the applicant to offer a 35% provision in respect of the former and the legal position relating to a Section 73 application.

 

Dr Garnett spoke against the application. He raised the following points:-

 

  • am a professional ecological consultant with 10 years consultancy experience with serious reservations about the development due to completely inadequate dormouse and bat surveys;

 

Bats

 

  • the bat report provided by Acorn Ecology in late 2012 had a number of shortcomings according to best practice guidelines;
  • only three surveys were conducted in respect of the lesser horseshoe and barbastelle bats when there should have been six, one a month from April to September, for this medium sized development. All three surveys were less than two hours when they should have been three hours and should have included the night time and dawn rather than just evenings. All three surveys were in Autumn when they must be spaced between Spring, Summer and Autumn;
  • only three static detectors were deployed when there should have been six, one a month from April to September;
  • all static work was done in Autumn which is bad for barbastelle which can move around seasonally according to radio-tracking evidence;
  • no assessment of tree roost potential as the survey only looked at farm buildings;
  • the survey did not follow appropriate guidance;
  • the Inspector appears to have taken these reports at face value; and
  • planners have a legal duty to properly consider biodiversity.

 

The Dormouse

 

  • no proper dormouse survey has ever been done, despite excellent potential for this species in an extensive network of species-rich hedgerows in the area. A report mentioned some hand-searching for nests but this is inadequate and unlawful;
  • there had been three recent records of dormouse within the 1 to 1.5km to the southeast, and two others in connected habitat to the north of Exeter which is almost certainly an underestimate of their distribution as dormice are nocturnal, arboreal and reclusive and are under-recorded;
  • disagree that there would be no impacts - any dormouse on site would be affected by construction works affecting hedgerows and future residents altering/breaking up hedges;
  • distribution and numbers needs to be established, and then, if present an appropriate mitigation plan put in place; and
  • both species have not been properly considered as demanded by the Natural Environment and Rural Communities Act 2006.

 

Responding to Members, he confirmed a breach of the Wildlife and Countryside Act 1981 and the identification of dormouse in close vicinity.

 

Responding to Members, the Assistant Director City Development stated that the total area was 7.7 hectares with 4.7 allocated for open space, including the drainage ponds, which was in excess of the 10% requirement. It was noted, in respect of the County Council request for an education contribution to mitigate the impact of the development, no commitment in this regard had been made by the City Council. It was not considered that there was any justification based on the information available to reach a different conclusion to the Inspector on ecological matters.

 

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

 

RESOLVED that, subject to completion of an appropriate Section 106 Agreement under the Town and Country Planning Act 1990 to secure the provision of 25% affordable housing, highway improvement/travel plan contributions and open space provision/maintenance outline planning permission for the phased development of up to 120 dwellings (C3) with associated infrastructure and open space (all matters reserved for future consideration apart from access) and the revocation of 15/1176/03 be APPROVED, subject also to the following conditions:-

 

1)

Details of the appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

Reason:- To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters.

 

2)

Application for approval of the reserved matters shall be made to the Local Planning Authority not later than three years from the date of this permission.

Reason:- To ensure compliance with sections 91 - 93 of the Town and Country Planning Act 1990.

 

3)

The development hereby permitted shall begin not later than two years from the date of approval of the last of the reserved matters to be approved.

Reason:- To ensure compliance with sections 91 - 93 of the Town and Country Planning Act 1990.

 

4)

In respect of those matters not reserved for later approval the development hereby permitted shall be carried out in accordance with the proposed access scheme shown on plan no. 3007/001 Rev C.

Reason:- To ensure that an appropriate vehicular access is provided to serve the development.

 

5)

Any trees and hedges on or around the site shall not be felled, lopped, or removed without the prior written consent of 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.

 

6)

The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the tree protection plans numbered 03893 TPP, appended to the Arboricultural Impact Assessment Report dated 18/06/2013, before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written approval of the Local Planning Authority.

Reason:- To ensure the protection of the trees during the carrying out of the development. This information is required before development commences to protect trees during all stages of the construction process.

 

7)

Prior to the commencement of development a Biodiversity Mitigation and Enhancement Plan which demonstrates how the proposed development will be managed in perpetuity to enhance wildlife, together with a programme of implementation, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented and maintained in accordance with the approved Plan and programme of implementation.

Reason:-In the interests of protecting and improving existing, and creating new wildlife habitats in the area.

 

8)

Demolition or construction works shall not take place outside 08:00 hours to 18:00 hours Mondays to Fridays and 09:00 hours to 13:00 hours on Saturdays nor at any time on Sundays or Bank Holidays.

Reason:-In the interests of the amenity of occupants of nearby buildings.

 

9)

No development shall take place until a Construction Environmental Management Plan (CEMP) has been submitted to, and approved in writing by, the Local Planning Authority. The approved CEMP shall be adhered to throughout the construction period. The CEMP shall provide for:

 

i)      Timing and management of arrivals and departures of vehicles and

        site traffic;

ii)     measures to control the emission of dust, dirt and noise during

        construction;

iii)    temporary measures to deal with surface water associated with the site during the construction process;

iv)    the phasing and timing of work;

v)     the parking of vehicles of site operatives and visitors;

vi)    wheel washing facilities;

vii)   a procedure for handling and investigating complaints.

 

Reason:- In the interest of the environment of the site and surrounding areas. This information is required before development commences to ensure that the impacts of the development works are properly considered and  addressed at the earliest possible stage.

 

10)

If during any works contamination is encountered which has not previously been identified then the additional contamination shall be fully assessed and an appropriate remediation scheme agreed with the Local Planning Authority. Any remediation details shall be implemented as

approved.

Reason:- In the interests of the amenity of the occupants of the buildings hereby approved.

 

11)

Prior to the commencement of development a detailed scheme for traffic calming works to Church Hill, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details prior to the first occupation of the dwellings.

Reason:- In the interests of highway safety within the vicinity of the site.

 

12)

Before commencement of development the applicant shall submit a SAP calculation which demonstrates that a 19% reduction in CO2 emissions over that necessary to meet the requirements of the 2013 Building Regulations can be achieved. The measures necessary to achieve this CO2 saving shall thereafter be implemented on site and within 3 months of practical completion of any dwelling the developer will submit a report to the LPA from a suitably qualified consultant to demonstrate compliance with this condition.

Reason:- In the interests of sustainable development and to ensure that the development accords with Core Strategy Policy CP15.

 

13)

The development shall not be carried out otherwise than in accordance with a surface water drainage scheme, which shall include details of the means of attenuation and disposal of surface water from the site, including through the use of sustainable drainage systems. Details of the scheme, a timetable for its implementation and details of its future management, shall be in general compliance with the principles within the Flood Risk Assessment (Report Ref. 386/FRA2 V2) dated 21/11/2016, and shall be submitted to and approved in writing by the LPA prior to the commencement of development. The scheme shall be implemented in accordance with the approved details and timetable for implementation.

Reason:- To ensure that surface water runoff from the development is managed in accordance with the principles of sustainable drainage systems.

 

14)

C57  -  Archaeological Recording

 

Supporting documents: