Agenda item

Planning Application No. 17/0053/03 - British Heart Foundation, 1 Cheeke Street, Exeter

Meeting of Planning Committee, Monday 20th March 2017 5.30 pm (Item 24.)

To consider the report of the Assistant Director City Development.

Minutes:

The Principal Project Manager (Development) (HS) presented the application for the demolition of existing building and construction of a seven-storey building, with a basement, to provide student accommodation (Sui Generis) and associated works and improvements and the provision of a new coach passenger waiting room (Sui Generis).

He reported that a day to day operational management plan for the coach passenger waiting room would be required and that the Police would continue to be consulted in the details of the management arrangements but it was not the intention for the allocated office for this purpose to be glazed with views into the passenger waiting room as it was not expected that the management responsibility would cover the waiting area as had been requested by the Police. In response to Members’ questions, he advised that a disabled wheelchair accessible sized studio flat was provided on each floor of the building and that as part of the fire strategy refuge areas would be provided on each of the seven floors which could be used for those with disabilities in event of fire and that this had been reviewed by building control. The scheme had been amended and the cycle facilities would be provided to cater for residents and visitors to adopted Supplementary Planning Document standards.

A Member referred to previous undertakings that comprehensive consultations would take place with interested parties on the provision of the new coach passenger facilities as well as the new bus station itself and sought reassurances that this had occurred. As Chair of the Leisure Complex and Bus Station Steering Group he was concerned that the Group had not been kept adequately appraised on the consultation undertaken to date. The Principal Project Manager explained that the application had been advertised and that responses had been received from transport groups. The Member asked that the Steering Group be appraised of the feedback to date from interested parties.

The Principal Project Manager detailed the locations of the informal pedestrian crossings existing in the areas as well as those sought by the Highway Authority which were considered appropriate for the bus flow through this area. He also advised that toilet facilities and a fully enclosed concourse would be available in the new Bus Station and that these would be open longer and be more easily accessible than those in the current bus station.

Members were circulated with an update sheet - attached to minutes.

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

speaking as a member of the Exeter and District Bus Users Group;

· in light of the open ended delay in the proposed re-development of the current Bus Station and the subsequent unknown delay in the move of coach passenger drop off and pick up to Bampfylde Street, I trust Councillors will make every effort to ensure that the coach passenger waiting room is included in this proposed development; and

· the lack of toilet provision is noted.

He responded as follows to Members’ queries:-

it had been estimated by the Chair of the Bus Users Group that the waiting room for coach journeys would be one third the size of that in the existing bus station; and
the waiting room in the existing bus station is well used and passengers also wait outside the room in the concourse near the bus bays.

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

representing Barton Willmore on behalf Exeter SPV Limited who seek to develop purpose-built student accommodation which has been subject to pre-application discussions to ensure a high quality, well designed and policy compliant scheme is presented, including a presentation to the Design Review Panel;
the scheme comprises the removal of an unsightly building, particularly relevant when in light of the significant development and investment works at the Bus Station and Coach Depot sites;
building will front the corner of Cheeke Street and Bampfylde Street and is of a high quality and distinctive design which responds to the local context through its articulation and material selection. It will be a positive and attractive addition to this part of the City Centre;
the scheme has been designed in accordance with policies relating to the location of student accommodation and height constraints;
other policy credentials are the provision of a sustainable development within a City Centre location to provide high quality student accommodation, boosting supply in the City and further releasing pressure on the housing market, delivering a building operated and managed by a specific student accommodation operator and the provision of active ground floor frontages on both streets that the building faces including the building’s entrance and a new integrated/covered coach waiting area to be managed by the Council;
a compliant level of cycle parking will be provided to encourage use of non-car modes by residents and visitors;
a Travel and Management Plan will be devised and agreed before occupation to ensure the management of student drop-offs and pick-ups on Stover Court at the beginning and end of academic terms is achieved without any impact on the highway and local amenity;
enhanced pedestrian permeability through the provision of a crossing on Cheeke Street to link with the Bus Station site and wider City Centre;
scheme designed to appropriately relate to surrounding residential properties and ensures no loss of amenity.
request approval

Responding to Members’ queries, he advised that consultations on the travel plan had taken place.

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

RESOLVED that subject to:-

(1) the Leisure Complex and Bus Station Steering Group being appraised at its next meeting on 22 March 2017 of the level of and response to consultations undertaken in respect of the new coach passenger waiting room as well as the wider bus station proposal; and

(2) conditions, which may be varied, amended or supplemented as appropriate, and to the completion of a Section 106 Agreement under the Town and Country Planning Act 1990 to secure:-

· a District Heating Contribution of £25,228;

· the completion of a Student Management Plan;

· off-site highway works (including crossing improvements); and

· Traffic Order costs.

the Assistant Director City Development or his successor, subject to prior consultation with the Leader of the Council, the Chair of the Leisure Complex and Bus Station Steering Group and the Chair of this Committee, be authorised to APPROVE planning permission for the demolition of existing building and construction of a seven-storey building including basement to provide student accommodation (Sui Generis) and associated works and improvements; and the provision of a new coach passenger waiting room (Sui Generis) subject also to the following conditions:-.

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.

The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received on 6 January 2017 and as superceded by revised details received on 28 February 2017 by the Local Planning Authority and as modified by other conditions of this consent.

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 (such as nesting bricks or boxes) 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 activities, including demolition or earthworks, shall take place on site until a Construction and Environment Management Plan (CEMP) for those activities has been submitted to, and approved in writing by, the Local Planning Authority. Notwithstanding the details and wording of the CEMP the following restrictions shall be adhered to:

· There shall be no burning on site during demolition, construction or site preparation works;

· 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;

· Dust suppression measures shall be employed as required during construction in order to prevent off-site dust nuisance.

· Site hoarding shall be kept clear of graffiti and fly-posting.

An approved CEMP shall be adhered to throughout the demolition and construction period.

Reason: In the interest of amenity of nearby occupiers.

10)

The level of noise emitted from the site shall not exceed the limits presented in table 1, as measured on the specified boundary of the site and specified time of day. Further, plant items associated with the development should be controlled to a ‘rating’ level of not more than 50dB LAr,1hr during the daytime (0700-2300hrs) and 45dB LAr,1hr during the night-time (2300-0700hrs) outside any openable study/bedroom windows of the proposed development itself. The developer shall demonstrate by measurement compliance with this level prior to occupation of the development and as requested by the LPA thereafter.

Table 1. Plant Noise Limits at Nearby Existing Residences

Location

Recommended Plant BS4142 Rating Noise Limit

Day

(0700-1900hrs)

dB LAr,1hr

Evening

(1900-2300hrs)

dB LAr,1hr

Night

(2300-0700hrs)

dB LAr,15min

Existing Residences to Southwest of Site

Proposed Residences to Southeast of Site

Existing Residences to North of Site

Reason: In the interests of residential amenity.

11)

Notwithstanding condition no. 3 no works other than demolition shall commence 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 any plant room(s) associated with the provision of heat and hot water to the building.

b) The entrance canopy.

c) The Fire Access door onto Stover Court

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

12)

Prior to commencement of the development (excluding demolition), details of visitor and resident 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 resident cycle parking facilities have been provided in accordance with the submitted details.

Reason: To provide adequate facilities for sustainable transport.

13)

The student accommodation hereby approved shall be constructed with heating 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.

14)

Unless otherwise agreed in writing by the Local Planning Authority student accommodation hereby approved shall achieve an overall BREEAM scoring of "excellent" (70 percent or greater). Prior to commencement of development, excluding demolition, 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.

15)

Foul drainage from the Development (and no other drainage) shall be connected to the public foul or combined sewer.

Reason: To ensure the discharge of drainage from the Development shall not be prejudicial to the public sewerage system and ensure there are adequate public foul sewerage facilities to receive foul water flows, in order to safeguard the public and environment.

16)

No development (with the exception of demolition) shall take place on site until an air quality assessment has been carried out in accordance with a programme and methodology to be agreed in writing by the Local Planning Authority and the results, together with any mitigation measures necessary, have been agreed in writing by the Local Planning Authority. The development shall not be occupied until the approved mitigation measures have been implemented.

Reason: In interest of the amenity of future occupiers of the development.

17)

A Management Plan for the Coach Waiting Facility shown on the approved plans shall be submitted to and approved in writing by the Local Planning Authority before that facility is first brought into use. The operation of the Coach Waiting Facility shall only be carried on in accordance with the terms of the Management Plan. The Management Plan shall include provisions for maintenance, security, cleaning and the provision of information to Coach Passengers.

Reason: In the interests of ensuring the facility is maintained for the purposes of a Coach Passenger waiting room.

18)

No development shall take place on site until an investigation has taken place to determine the risk posed by Unexploded Ordinance 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 interest of public safety.

19)

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 (excluding demolition) 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.

20)

The windows to stairwells and corridors in the Northwest elevation shall be constructed as obscure glazed, as shown on the approved plans, and maintained as such thereafter.

Reason: In the interests of the amenity of neighbouring occupiers.

21)

No part of the development hereby approved shall be brought into its intended use until secure cycle parking spaces and vehicular spaces as indicated on “GA Plan Ground Floor Plan 0787-JSA-XX-00-DR-A-02001Rev P3”, have been provided and maintained in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority and retained for that purpose at all times

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

22)

No part of the development hereby approved shall be brought into its intended use until the redundant dropped kerbs have been reinstated on Stover Court have been provided and maintained in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority and retained for that purpose at all times

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

23)

No part of the development hereby approved shall be brought into its intended use until the informal pedestrian crossing on Cheeke Street has been provided and maintained in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority and retained for that purpose at all times

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

24)

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.

Supporting documents: