Agenda item

The City Development Manager presented the application for the construction of 82 dwellings, access, estate roads, landscaping and associated infrastructure. He set out revisions proposed by the applicant to address concerns regarding the impact the development would have on Old Rydon Lane and also referred to late representations received from residents which did not raise any new issues and to a traffic consultant’s report produced on behalf of an objector who was also a potential developer in the area. He stated that it was unknown if the two different developers had been in discussion on the matter of a potential access onto Admiral Way.

 

Responding to Members, the County Highways Development Manager stated that the proposed changes along Old Rydon Lane would undergo a safety audit prior to implementation. He stated that, should there be any incidents or traffic difficulties, the Police had the power to suspend the proposed Traffic Regulation Order.

 

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

 

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

 

·         object to proposal as owners of the adjacent land;

·         no recent contact by either the County Council nor the Exeter Golf and Country Club regarding the ransom strip;

·         prepared to seek an agreement to allow the access to be formalised;

·         believe that access from Admiral Way is more suitable and options should be explored due to concerns relating to additional traffic generation in the area;

·         the development will result in dangerous traffic road conditions particularly on Old Rydon Lane where a traffic assessment shows a potential increase in traffic of between 23%-48% which is not considered sustainable and, will result in a rat run; and

·         only access to this area from the A379 is from Old Rydon Lane and during severe traffic congestion in the area or an incident blocking the road, emergency vehicles could face obstruction and delay.

 

In response to Members’ queries, he confirmed that the ransom strip was in the ownership of Persimmon and that it was the thin area of land, covered in shrubs, between the fence and the pavement at Admiral Way and that if the County Council placed a Compulsory Purchase Order on the land a decision would have to be taken as to whether to appeal against it.

 

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

 

·         the access road already built into Holland Park. Phase 1, was specifically built as a 5.5m. wide, Type R2 road to serve not only Phase 1 but also the proposed development of Phase 3;

·         there are just two existing houses in Holland Park, Phase 1, which face the Access Road. The rest all come off subservientestate roads within the development. There are therefore no highway safety or capacity issues with the existing access, asit is capable of serving far more homes than the number proposed;

·         Devon County Council have already given their full support and approval to the use of Old Rydon Lane for themodest number of dwellings proposed and work has been undertaken to provide a number of very significantimprovements. The latest proposals enable Devon County Council to immediately implement a large section of the Strategic R9 CycleRoute in Old Rydon Lane which is Local Plan Policy. It will provide a dedicated Cycle Lane as set out in the NewcourtMasterplan all the way along Old Rydon Lane from Newcourt Drive to the entrance to Holland Park, Phase 1 and downthrough Phase 3. This will make Old Rydon Lane an attractive route, safe for cyclists;

·         Devon County Council have been provided with an adoptable standard highway and a three metre cycleway to the southern boundary of the site. Once the roads have been built, they will enable the County Council to open up the highway access to Admiral Way in order to implement the rest of the Strategic Cycle Route up to the western end of Old RydonLane. This would not be possible without a highway link from Phase 1 to Phase 3 of Holland Park. Without approval of the application there is no Plan B;

·         the Exeter Golf and Country Club state that Persimmon Homes refused to discuss a separateransom payment for access and insisted that the Club had to sell the land only to them. But the Clubcan only release this land for development if it can relocate to the replacement Driving Range Site which is only availablewith the Heritage scheme. There is no other suitable site available. Unless this application is approved, as proposed, it isvery unlikely that this site can ever be released for development and the Strategic R9 Cycle Route will never be delivered.Far from making traffic worse, this proposal allows Devon County Council to bring forward major safetyimprovements to Old Rydon Lane now, and to deliver a major Strategic Cycle connection approved in the Local Plan; and

·         the application will deliver 82 new high quality homes, including quality rented homes delivered directly to the City Council for just£1.00 as well as a new sporting facility for the City, As the site is allocated and has formal approval from Devon County Highways, approval is requested.

 

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

 

Responding to a Member, he confirmed that Persimmon had not discussed an offer for the ransom strip. Members welcomed the improvement to the cycle network and the additional measures for Old Rydon Lane. They hoped that the provision of a link into Admiral Way would one day come to fruition.

 

 

RESOLVED that, subject to the completion of a Section 106 Agreement under the Town and Country Planning Act 1990 in respect of affordable housing and open spaces - provision of play equipment to an agreed scheme, public access and maintenance agreements, planning permission for the construction of 82 dwellings, access, estate roads, landscaping and associated infrastructure be APPROVED, subject also to the following conditions:-

 

(1)        A01 – Time Limit – full

 

(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 21st December 2016, 5th April, 24th May and 5th June 2017 (including dwg. nos. EGCC-10-LOC rev 2.0B, EGCC-01- SITE PLAN Rev 24.0B, EGCC-01-SITE Plan Rev 24.0 - CIL & Construction Phasing Plan, EGCC-02-SITE PLAN Rev 24 - proposed Hard Landscaping layout (1 of 3), EGCC-03-SITE PLAN Rev 24 - proposed Hard Landscaping layout (2 of 3), EGCC-04-SITE PLAN Rev 24 - proposed Hard Landscaping layout (3 of 3), EGCC.KNS.01, EGCC.RDB.01 Rev A, EGCC.RDB.02 Rev A, EGCC.13-21.01 Rev A, EGCC.HAR.01, EGCC.BMT.01 Rev A, EGCC.PET.01, EGCC.BRLY.01, EGCC.APP2.01,EGCC.APP3.01, EGGC.APP3.02, EGCC.HRLY.01, EGCC.ELS.01, EGCC.BRM.01 Rev A, EGCC.BLY.01 Rev A, EGCC.BLY.02, EGCC.OKM.01 Rev C, and EGCC-DG) as modified by other conditions of this consent.

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

 

(3)       Pre-commencement condition: Before commencement of phase of the 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 for the dwellings contained within that phase. 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 for pre-commencement condition: In the interests of sustainable development and to ensure that the development accords with Core Strategy Policy CP15. This information is required before development commences to ensure that a sustainable design is finalised before any irreversible element of the construction process takes place.

 

(4)       A38 – Archaeology

 

(5)       No development (other than archaeological investigation works) shall take place within the application site until the means of construction of foundations, and levels (including formation levels for the dwellings, roads and parking areas) have been agreed in writing by the Local Planning Authority. All works shall be carried out and completed as approved, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that disturbance to important archaeological remains is minimised.

 

(6)       A23 – Contamination (no info submitted)

 

(7)       A13 – Tree protection

 

(8)       A16 – Construction (CEMP 2)

 

(9)       A18 – Construction (site layout)

 

(10)     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 dwelling shall be occupied 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: To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

 

(11)     A12 - Landscape and trees - replacement planting

 

(12)     No building hereby permitted shall be occupied until the off-site surface water attenuation feature indicated on drawing no. EGCC-01-SITE PLAN Rev 24.0B has been completed and brought into use to serve the development. The sustainable urban drainage scheme shall be managed and maintained thereafter in accordance with the agreed Drainage & SuDS ( Sustainable Drainage Systems) Maintenance Plan prepared by TWP Consulting Structural and Civil Engineers (Project Ref:16.342 Rev R02 dated November 2016).

            Reason:  To ensure the satisfactory drainage of the development.

 

(13)     The development hereby approved shall be implemented in accordance with the drainage strategy set out in the submitted Flood Risk and Drainage Strategy (Project Ref:16.342  Rev: R01-A) dated November 2016 and Construction Management Plan (Project Ref:16.342 Rev R01) dated May 2017 prepared by TWP Consulting Structural and Civil Engineers .

Reason: To ensure the satisfactory drainage of the development.

 

(14)     A19 – Travel Plan

 

(15)     No more than 50% of the development hereby approved shall be occupied until the footway/cycle path running adjacent to the Golf Club from Old Rydon Lane to the Newcourt Spine Road has been constructed up to the site boundary of the applicant's ownership in accordance with plans to be approved in writing by the Local Planning Authority.

Reason: To facilitate provision of a safe and suitable access for pedestrians and cyclists in accordance with paragraphs 32 of the National Planning Policy Framework.

 

(16)     No more than 50% of the dwellings contained within Phase 4 of the development (as indicated on drawing nos. EGCC-01-SITE PLAN Rev 24.0) shall be occupied until the foot/cycle path running between plots 33-43 and plot 44 has been constructed up to the site boundary of the applicant's ownership with the Newcourt spine road.

Reason: To facilitate provision of a safe and suitable access for pedestrians and cyclists in accordance with paragraphs 32 of the National Planning Policy Framework.

 

(17)     The development hereby approved shall be implemented in accordance with the provisions and recommendations set out in the submitted Biodiversity Mitigation & Enhancement Plan dated march 2017 prepared by Sunflower International Ecological Consultancy, and include the provision of integral nesting boxes as specified in the email from David Lovell dated 31st May 2017.

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

 

(18)     Samples of the materials it is intended to use externally in the construction of the development shall be submitted to the Local Planning Authority and no development above damp-proof course level shall take place before their approval is obtained in writing. The materials used in the construction of the development shall correspond with the approved samples in all respects.

Reason:  In the interests of character and appearance of the development and the visual amenity of the area.

 

(19)       Prior to the occupation of each dwelling hereby approved, ducting or equivalent service routes should be installed capable of accommodating at least 6 separate fibre-optic cables that enable electronic communications services network suppliers to freely connect between the boundary of the site and the inside of each dwelling for the purposes electronic communications.

              Reason: To contribute to the development of high speed broadband communication networks and to ensure that adequate provision is made to meet the needs of future occupants of the dwellings for high speed internet access in line with paragraph 42 of the NPPF.