Agenda item

To consider the report of the City Development Manager.

The Principal Project Manager (Development) (MH) presented the application for the reserved matters application for construction of 116 dwellings and associated works (Phase 2 development area).

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

The Principal Project Manager advised that, following consideration by the Planning Member Working of the wider access issues in the area, Members had sought clarification on the legal/planning position in respect of the future composition of the commercial land in relation to access arrangements. He advised that this was purely a matter for planning judgement. In addition to information on the update sheet he reported that the agent for the developer of the commercial land had reiterated concerns in respect of the proposed layout, removal of the hedgerow, the nature of the acoustic fence, landscaping details and the need for a physical barrier for the proposed bus link. The agent had sought further information on the three road layout options put forward through a revised unilateral undertaking and the need for technical drawings to be provided on connections between the developments

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

·         do not object to the housing, but only seek clarity on three key boundary matters and request deferral for more consideration;

·         the layout is driven by higher density and do not object to this principle, however the opportunity has been missed for the main road to run along the hedge boundary to act as a further buffer from the noisy commercial scheme, instead housing now directly borders the boundary hedge, in some cases within 10 metres from a consented noisy service yard. The outline consent proposed to retain the 200m length of hedge, yet the commercial developer was only advised on 1 September that the hedge will be removed to ensure adequate parking and gardens are provided with the new boundary being the acoustic fence;

·         the photos show this 150 year hedge to be in a very healthy condition, acting as a 7 metre screen between residential and commercial sites, yet for its own convenience the applicant wishes to ignore their outline consent and ecology  assessment and remove this hedge out. There is no justification to remove and the hedge should remain and the acoustic fence delivered on the northern side of the hedge line, at present it is not. Together they would make an effective boundary between residential and commercial;

·         an acoustic fence is proposed to solve all the noise concerns and this matter is put sharply into focus if the hedge is now being ripped out. This was not clarified at the last committee meeting. But will the fence solve the problems? To serve the purpose it is likely a 5-6metre acoustic fence is required. This would be a high unsightly fence. Planning should be secured for this fence as part of this application To ensure this application is sound, deliverable and provides the comfort of ripping out this historic 200m hedge;

·         no landscaping details have been included and it is not felt that the application can be determined absent of those details;

·         a tighter drafting of the acoustic condition has been requested, with the specification reflecting the proposed/likely noise via commissioned assessments from the commercial operators, but this has not been agreed by officers;

·         some junction designs have been secured via an undertaking, yet no documents have been provided since the last committee meeting and fair representation can not therefore be made. Working drawings have been requested to understand how road links/levels may work between the two schemes but not provided. A deferral is therefore sought;

·         support highways in offering the bus link in the future, however, the bus only link must be enforced via a control mechanism not just signage. A signage only link will be utilised by private cars and condition three needs to drafted to reflect this;

·         at the last meeting the highways officer confirmed the concern that a full vehicular link would be a heavily used rat run and lead to issues with junction performance. Sight of the junction layouts are required; and

·         clarity and a deferral to understand the above issues is requested.

He responded to Members’ queries as follows:-

·         the retention of the hedge is important to act as an additional acoustic barrier to the fence as it will be next to the service yard of the commercial development which is likely to be noisy. This may impact on the ability of the commercial developer to attract interest in the site;

·         Persimmon have put forward the road layout in order to maximise the number of units that can be included in the development;

·         the commercial developer, having maintained the hedge for some 65 years, can continue to do so if it is retained;

·         the suggestion of a bus link only may discourage access to the commercial site by residents of the new development but this is the County Council’s suggestion and detailed plans have not been made available.

Members welcomed the proposals contained in the unilateral undertaking and the retention of the link between the two sites. Greater co-operation between developers was required in general terms and it was suggested that future land allocation, particularly through the Greater Exeter Strategic Partnership process, was one way of helping to facilitate this.

The recommendation was for approval, subject to an appropriate Unilateral Undertaking and the conditions as set out in the report.

RESOLVED that, subject to the completion of a Section 106 Agreement under the Town and Country Planning Act 1990 regarding the construction of a road link up to the ownership boundary and the payment of a required financial contribution to the County Council of £75,000 towards potential means of control over use of the highway connection to the adjoining land planning permission for the reserved matters application for construction of 116 dwellings and associated works (Phase 2 development area) be APPROVED, subject to the following conditions:-

(1)        All conditions imposed on application number 14/0832/03 are hereby reiterated in as much as they relate to the development and have yet to be discharged in writing by the Local Planning Authority.

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

(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 22^nd & 26^th June and 6^th July 2017 (including dwg. nos. Location Plan, 120 Rev P7, 121 Rev P4, GA-02 Rev P1, 122 Rev P2,123 Rev P3, PL500-1 Rev P2, PL500-2 Rev P2, PL500-3 Rev P2, PL501-1 Rev P2, PL501-2 Rev P2, PL501-3 Rev P2, PL501-4 Rev P2, PL501-5 Rev P2,  PL501-6 Rev P2, PL501-7 Rev P2, PL502-1 Rev P2, PL502-2 Rev P2, PL502-3 Rev P2, PL503-1 Rev P1, PL503-2 Rev P1, PL503-3 Rev P1, PL503-4 Rev P1, PL504-1 Rev P2, PL504-2 Rev P2, PL504-3 Rev P2, PL504-4 Rev P2, PL504-5 Rev P2, PL504-6 Rev P2, PL505-1 Rev P2, PL505-2 Rev P2, PL505-3 Rev P2, PL506-1 Rev P3, PL506-2 Rev P3, PL506-3 Rev P3, PL506-4 Rev P3, PL506-5 Rev P3, PL506-6 Rev P3, PL507-1 Rev P2, PL507-2 Rev P2, PL507-3 Rev P2, PL507-4 Rev P2, PL507-5 Rev P2, PL508-1 Rev P2, PL509-1 Rev P2, PL509-2 Rev P2, PL509-3 Rev P2,  PL509-4 Rev P2, PL510-1 Rev P2, PL510-2 Rev P2, PL510-3 Rev P2, and PL510-4 Rev P2) as modified by other conditions of this consent.

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

(3)        No more than 65 of the dwellings included within this application shall be occupied until the road outside plot 246 has been constructed up to the boundary of the applicant’s land ownership with the adjoining land to the south (safeguarding a potential bus route), as indicated on Drawing Number 120 Rev P7, in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Thereafter the full extent of the road up to the said boundary shall be included within any Highway Adoption agreement in respect of this development.

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

(4)        The pedestrian/cycle connections from the development to the adjoining combined foot/cycle path, located adjacent to plot 247 and between plots 262 & 263, shall be constructed and made available for use by the public in accordance with details (including a timeframe) that shall be submitted to and approved in writing by the Local Planning Authority prior to occupation of 50% of the dwellings included within this application.

Reason: In the interests of permeability and maximisation of opportunities for the adoption of sustainable transport choices in connection with both travel to work and recreation by residents of the development and their visitors.

(5)        The acoustic fence along south-east boundary of the site between plots 205 and 246, as indicated on drawing no. 121 Rev P4 (Materials & Boundary Treatment Plan), shall be constructed prior to occupation of any dwellings bordering it in accordance with further details/specification which shall previously have been submitted to and agreed in writing by the Local Planning Authority.

Reason: In the interests of the residential amenities of the potential occupants of those properties bordering the adjoining commercial land, and to protect the interests of the adjoining land owner in relation to the carrying out of lawful operations associated with the commercial use of the adjoining land.

(6)        No part of the development hereby approved shall be commenced until details (including timeframe for delivery) of a proposed pedestrian/cycle connection of a minimum 3 metre width between the Met Office path and the southern boundary of the site between the parking for plots 227/228 have been submitted to and approved in writing by the Local Planning Authority. Thereafter the said connection shall be constructed in accordance with those details up to the boundary of the applicant’s land ownership with the adjoining land to the south prior to the first occupation of more than 65 dwellings included within this application, or such other trigger agreed in writing by the Local Planning Authority as part of the details to discharge this condition.

Reason: In the interests of permeability and encouragement of the use of sustainable modes of transport.