Agenda item

To consider the report of the City Development Manager.

 

Councillor Denham declared a disclosable pecuniary interest and left the meeting during consideration of this item.

 

The Principal Project Manager (Development) MH) presented the application for the redevelopment of the Exeter Royal Academy for Deaf Education (eRADE) site to provide 146 new homes (C3), a care home and assisted living units (both C2), accommodation for a pre-school, access related works, provision of landscaping and open space and other associated works.

 

The Principal Project Manager stated that the proposal conformed with the development plan and the application offered a sustainable solution to the site in the absence of a demonstrable five-year land supply for housing. He also explained how vacant building credit could offset the usual policy requirement for affordable housing. Members also noted that the trees to be provided as part of the landscaping scheme would be semi mature and not saplings and that maintenance of the landscaped area would be undertaken by the development company. A Member felt that the County Council should not be seeking contribution towards education provision from the City Council Community Infrastructure Levy (CIL) allocation and the County Council should utilise its own budgets for this purpose.

 

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

 

Councillor Sills, having given notice under Standing Order No.44, spoke on the item. He raised the following points:-

 

• residents generally welcome additional housing especially affordable housing in light of the national housing crisis;
• welcome the provision of a pre-school;

·         concern over loss of trees and lack of sufficient affordable housing within the development site;

• concerns regarding the access onto and additional traffic along Weirfield Road as well as impact on Topsham Road where additional cars will increase likelihood of standing traffic on this main road. Alternative options for access should be investigated;
• there will be safety issues regarding access into the site from Weirfield Road as accidents could result from delivery vehicles, bin lorries etc. Introducing a pedestrian and cycle way will encourage residents of the new development to adopt an active lifestyle, for example, visiting local amenities such as walking down to the Quay;
• loss of four residential parking spaces in Weirfield Road is unwelcome with no alternative offered;
• a full topographical study is required to determine whether a road through the site can be provided which can provide access to the Care Home and assisted living units off Topsham Road and which would mitigate the need for access off Weirfield Road;
• there will be a negative impact on air quality in the neighbourhood;
• the landscape plan should secure provision of mature trees and there is a concern regarding the habitat generally;
• notwithstanding a public consultation event on 20 September 2017, further consultation should have been undertaken. Plans were only published the day after the meeting;
• the 35% target for affordable housing should be enforced and this has been a missed opportunity to provide affordable housing. A failure to provide 35% breaches City Council policy;
• in summary, welcome development proposal in general but further assessment of the access, the affordable housing provision, future of the trees and the potential for an internal through road to negate impact of additional traffic on Weirfield Road is required;
• application should be deferred until additional information has been received.

 

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

 

• as a large sustainable brownfield near the city centre this site is ideal for residential development, and will deliver much needed housing across a number of sectors - but there is a responsibility to do so whilst respecting the impact on existing properties;
• significant objections can be easily addressed, and enhance a development that the city can be proud of;
• Weirfield Road highway issues have objections regarding loss of parking spaces, the width of the road, traffic generation, vehicular access and the safety of the junction with Topsham Road. The Highway Authority has highlighted the need for a Traffic Regulation Order and it would be desirable if Condition 3 is completed before a planning decision is reached;
• the efficacy of the landscaping plan - the officer’s report states that there are a significant number of mature trees across the site. Many of these would provide effective screening but the plans call for their removal to be replaced by new planting, taking many years to mature. In Condition 19, “five years” could be increased to “seven years” to match the application and a monitoring plan could be implemented for the seven years;
• Southern boundary plots – 139-144 – there are challenges in the levels of the site. These proposed three storey houses could be built substantially on the steep escarpment at the southern boundary of the site. Their ridge height will tower by some 10 metres over the Old Mill Close townhouses which they would look directly down on. Their proposed rear walls are just 24 metres from the rear walls of the townhouses. The issues are exacerbated by the challenges in levelling the site. This will result in the escarpment to the south being raised by approximately one meter at the eastern end and seven metres moving westwards;
• their scale, height and massing will dominate the landscape, create light pollution and have a major visual impact on the cityscape when viewed by walkers, runners and cyclists, along the River Exe and canal paths. They will tower above the Trewsweir area, including the Grade II listed Trewsweir Mill and parts of Trewsweir Court, between the river and the southern boundary of the site;
• there will be a substantial loss of daylight and overshadowing to the Old Mill Close townhouses;
• the design is also out of character with the surrounding buildings of the Trewsweir neighbourhood;
• without these plots the new development would sit well with the southern neighbourhood;
• withdrawing the application for these plots would remove these significant challenges, whilst also further increasing the percentage of affordable housing;
• with just a few simple changes to the plans, Exeter can have a development it can be proud of rather than one dominated by million pound houses scarring the cityscape and their occupants literally looking down on their neighbours.

 

 

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

 

• this application involves the Exeter Royal Academy for Deaf Education’s site which has become available due to the current premises being unsuitable and heavily criticised by OFSTED. Unlike a lot of greenfield sites, where the council’s five-year housing land supply is the focus, this is a brownfield site that provides a highly sustainable mix of elderly accommodation, market and affordable housing, and a pre-school nursery. This has been carefully balanced with the extensive costs of demolition, asbestos removal, site remediation, cut and fill and piled foundations;
• given the rare opportunity to regenerate a high profile site with over 18 months spent discussing the scheme with officers and attending two Planning Member Working Group meetings. Several design changes have been made to address concerns raised by local residents;
• the Highway Authority are in support of the proposals;
• the development provides a viable, sustainable and mixed community orientated re-use of a previously developed site in a sustainable location;
• it also provides the critically needed funding of the Deaf Academy’s relocation to its already approved new premises without which there is a serious risk of the school closing;
• it enables the provision of new premises with nominal rent for the St Leonards pre-school which was seen as essential to local people, the National Planning Policy Framework identifying that great weight should be attributed to the provision of new and/or improved schools;
• it provides an attractive place for people to live. Unlike most volume housebuilders, Acorn has worked with a local architect to produce a bespoke high quality design which will improve the appearance of the site and provide a place that is aesthetically pleasing and interesting.  The design responds to the terraced character of the area and the route along Topsham Road toward the city;
• the provision of market and affordable housing helps meet the needs of the District and also provides a range of one bed to four bedroom homes for people wanting both affordable and market housing;
• the proposal removes an unattractive footbridge on Topsham Road and provides a new, publicly accessible, public open space;
• the proposal provides much needed elderly accommodation in the form of a new care home and extra care units. At least 363 additional care beds will be needed by 2026 - this equates to approximately six new care homes being needed in less than a decade and at least 296 additional Assisted Living units will be needed by 2019;
• the assisted living units will allow people to downsize from their existing properties thus freeing up larger family sized homes elsewhere in the city; and
• it will create approximately 100 full and part time jobs with the care home and adds construction jobs.

 

He responded to Members’ queries:-

 

• a range of access options had been seriously considered into the Care Home and assisted living units and the general consensus from both the Highway Authority and the applicant’s transport consultant was that Weirfield Road offered the appropriate solution. An alternative access off Topsham Road had been considered but would have significant ramifications on the design which in turn, compromised the overall viability of the project. Topsham Road already possessed visibility splays which would be of value to the residents of the Care Home and assisted living units and enable them to access the site on foot. Similarly, an access on the eastern boundary of the site would also have design implications;
• with regard to the suggestion for an internal access through the site, the site levels would compromise such provision and any solution would significantly increase costs and impact adversely on the number of units being sought;
• the proposed access solution, which will include visibility splays, offers the necessary technical solution to enable the requisite number of units to be provided for the Care Home and enable the inclusion of assisted living units in the scheme;
• the loss of trees will be mitigated through the provision of planting elsewhere in the scheme. Trees between 4.8 and 5.3 metres will be planted, with the management company to maintain the landscaped area. Occupants of affordable homes would not be required to pay the management company; and
• 51 car parking spaces will serve the Care Home and assisted living units.

 

Members welcomed the design of the scheme and particularly the provision of a pre-school facility, although some were concerned over the loss of trees and sought reassurance that the replacement trees would be semi mature, others noting that the landscaping scheme was acceptable. There was concern over the loss of four on street parking spaces and that, because of revised Government policy, the applicant was able to offer a lower percentage of affordable housing. Because of these issues some Members felt that the application should be deferred. It was noted however, that an additional care home for the elderly was a welcome addition to such provision in the City. Comparing traffic flow at the junction of St Leonards Road with Topsham Road, a Member remarked that it was only the proposed location of the Care Home which would exacerbate traffic conditions on Weirfield Road and that this issue could be resolved if the Care Home could be located elsewhere in the site. 

 

A vote was taken on a motion to defer and carried, but the Chair ruled that further debate was necessary for all Members to contribute their views.

Further consideration was given to the issue of the loss of four on street residents’ parking spaces and it was suggested that the provision of these spaces within the development should be added as a condition to enable the scheme to proceed and ensure that the necessary traffic regulation order in respect of Weirfield Road could be implemented. This was supported by Members.

The recommendation was for approval, subject to the conditions as set out in the report. The Committee voted on this recommendation which was carried.

 

RESOLVED that, subject to the completion of a Section 106 Agreement under the Town and Country Planning Act 1990 covering:-

 

·         an affordable housing provision;

·         a Travel Plan Contribution of £500 per dwelling;

·         a contribution of £10,000 towards the costs of relevant Traffic Regulation Orders, including one relating to loss of existing street parking on Weirfield Road in connection with formation of the access to serve the development; and

·         open space provision including public access and maintenance arrangements.

 

planning permission for the redevelopment of the Exeter Royal Academy for Deaf Education (eRADE) site to provide 146 new homes (C3), a care home and assisted living units (both C2), accommodation for a pre-school, access related works, provision of landscaping and open space and other associated works be APPROVED, subject also to a condition requiring the provision of four residents’ parking spaces within the development site and to the following conditions:-

 

(1)        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 and 92 of the Town and Country Planning Act 1990.

 

(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 19^th and 23^rd October 2017 14^th February and 16^th March 2018 20 (including dwg. nos specified on drawing registers by Carless & Adam Partnership CAP:10 Issue 1 Rev 2 and Clifton Emery Design revised 16^tth March 2018) as modified by other conditions of this consent.

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

 

3)         Pre-commencement condition: The development hereby approved (planning application no. 17/1640/FUL) shall not be implemented until a Traffic Regulation Order (TRO) in respect of the formation of the access from Weirfield Road to serve the care home/assisted living elements of the scheme and associated removal of existing on-street parking spaces has been approved and implemented by Devon County Council as the relevant Highway Authority, and all works necessary to implement the Order have been completed to the Highway Authority's satisfaction and the Order brought into force.

Reason for Pre-commencement condition: To ensure that the proposed access to serve this part of the development is capable of being delivered in accordance with the approved plans and thereby safe and suitable access to serve the development is provided.

 

4)         Pre-commencement condition: Prior to the commencement of the development a further bat survey as recommended in the submitted Ecological and Further Bat Survey Report dated October 2017 prepared by Clarkson & Woods Ecological Consultants shall be carried out and the results submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be completed in accordance with any recommendations/mitigation works identified as necessary based on the results of the additional survey work.

Reason for Pre-commencement condition: To ensure that the development proceeds based on up to date information in relation to potential bat habitats and is implemented in a manner that minimises and ameliorates any identified impact on protected species.

 

5)         Samples/further details of all the materials it is intended to use externally in the construction of the development (including all hard surface and road materials) 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/details in all respects.

Reason: To ensure that the materials conform with the visual amenity requirements of the area.

 

6)         Pre commencement condition: No development related works shall take place within the site 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 for pre commencement condition: To ensure the appropriate identification, recording and publication of archaeological and historic remains affected by the development. This information is required before development commences to ensure that historic remains are not damaged during the construction process.

 

7)         Pre commencement condition: 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 for pre-commencement condition: In the interests of the amenity of the occupants of the buildings hereby approved. This information is required before development commences to ensure that any remedial works are properly considered and addressed at the appropriate stage.

 

8)         Pre-commencement condition: The development hereby approved shall not commence until details of the proposed finished floor levels and overall ridge heights of all dwellings and the Care home/assisted living units, and the final levels of all roads forming part of the development, in relation to an agreed fixed point or O.S datum have been submitted to, and been approved in writing by, the Local Planning Authority. The information submitted pursuant to this condition will be expected to confirm any finished floor levels/overall building heights already indicated on the approved plans referred to in condition 2. Thereafter the development shall be implemented in accordance with the approved details.

Reason for Pre-commencement condition: In the interests of the visual amenities of the area and the residential amenities of future occupants of the development and the occupants of existing neighbouring properties.

9)         Pre-commencement condition: A Construction Environmental Management Plan shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of development on site and adhered to during the construction period. This should include details of monitoring and mitigation measures to control the environmental impact of the development during the construction and demolition phases, including site traffic and traffic routing, the effects of piling and emissions of noise and dust. The CEMPs should contain a procedure for handling and investigating complaints as well as provision for regular meetings with appropriate representatives from the Local Authorities during the development works, in order to discuss forthcoming work and its environmental impact.

Reason for pre-commencement condition: 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)       Prior to the commencement of the development hereby approved a Biodiversity Mitigation and Enhancement Plan for the site incorporating the recommendations set out in the submitted Ecological and Further Bat Survey report by Clarkson and Woods dated October 2017 shall be submitted to and approved by the Local Planning Authority. The Plan shall incorporate the provision of integral bat and bird bricks in line with the advice set out in the Council's adopted Residential Design SPD. The Biodiversity Mitigation and Enhancement Plan should also incorporate a Habitat Management Plan. Thereafter the development shall be implemented and maintained in accordance with the approved details.

Reason: To enhance the biodiversity of the site and clarify how newly planted areas of the site will be managed so as to maximise their biodiversity value and achieve objectives of ecological mitigation and compensation/enhancement.

 

11)       Pre-commencement condition: No materials shall be brought onto the site or any development commenced, until the developer has erected tree protective fencing around all trees or shrubs to be retained, in accordance with a plan that shall previously have been submitted to and approved in writing by the Local Planning Authority. This plan shall be produced in accordance with BS 5837:2012 - Trees in Relation to Design, demolition and construction. The developer shall maintain such fences to the satisfaction of the Local Planning Authority until all development the subject of this permission is completed. The level of the land within the fenced areas shall not be altered without the prior written consent of the Local Planning Authority. No materials shall be stored within the fenced area, nor shall trenches for service runs or any other excavations take place within the fenced area except by written permission of the Local Planning Authority. Where such permission is granted, soil shall be removed manually, without powered equipment.

Reason for pre-commencement condition: 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.

 

12)       Prior to commencement of the development details of any proposed CHP plant shall be submitted to and approved in writing by the LPA. The submitted details shall include as a minimum: fuel type, appliance size (net rated thermal input), maximum fuel consumption rate, flue gas abatement equipment if fitted, maintenance scheme, chimney height and a chimney height calculation to demonstrate adequate dispersal of the products of combustion. CHP plant shall only be installed in accordance with the agreed details, and operated as agreed thereafter.

Reason: In the interests of residential amenity.

                                                                                                                                                           

13)       Pre-Commencement Condition - No part of the development hereby permitted shall be commenced until the detailed design of the proposed permanent surface water drainage management system has been submitted to, and approved in writing by, the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority. The design of this permanent surface water drainage management system will be in accordance with the principles of sustainable drainage systems, and those set out in the Flood Risk Assessment (report Ref. Exeter Royal Academy for Deaf Education; dated September2017), Outline Drainage and Finished Floor Levels (drawing No. 162290-GA-010; Rev. C; dated 16th March 2018) and Micro Drainage Model Outputs for the site (Ref. File 162290_SWS_V2.MDX; dated March 2018). The details submitted pursuant to this condition shall also include full details of the adoption and maintenance arrangements for the proposed permanent surface water drainage management system.

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

 

14)       Pre-Commencement Condition: No part of the development hereby permitted shall be commenced until details of the exceedance pathways and overland flow routes across the site in the event of rainfall in excess of the design standard of the proposed surface water drainage management system have been submitted to, and approved in writing by, the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority.

Reason for pre-commencement condition: To ensure that the surface water runoff generated from rainfall events in excess of the design standard of the proposed surface water drainage management system is safely managed.

 

15)       Pre-Commencement Condition: No part of the development hereby permitted shall be commenced until the detailed design of the proposed surface water drainage management system which will serve the development site for the full period of its construction has been submitted to, and approved in writing by, the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority. This temporary surface water drainage management system must satisfactorily address both the rates and volumes, and quality, of the surface water runoff from the construction site.

Reason for pre-commencement condition: To ensure that surface water runoff from the construction site is appropriately managed so as to not increase the flood risk, or pose water quality issues, to the surrounding area.

 

16)       No part of the development hereby approved shall be brought into its intended use until a 3.5m shared footway/cycleway along the frontage of the scheme/vehicular access (on Topsham Road) as indicated by Drawing Number "162290_G_01 Rev B" and ped/cycle access points onto Topsham Rd as indicated by Drawing Number "160601 L 02 01 Rev AD" have been provided in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority and shall thereafter be retained for that purpose at all times.

Reason: To ensure that a safe and suitable access to the site is provided for all users, in accordance with Paragraph 32 of the National Planning Policy Framework.

 

17)       No part of the development hereby approved shall be brought into its intended use until the access point for the care home/assisted living units as indicated by Drawing Number "160601 L 02 01 Rev AD", with a facility to prevent uncontrolled discharge of water over the highway, have been provided and maintained in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority. Thereafter it shall be retained for that purpose at all times.

Reason:  To provide a safe and suitable access, in accordance with Paragraph 32 of the National Planning Policy Framework.

 

18)       Unless otherwise agreed in writing by the Local Planning Authority (LPA), the buildings comprised in the development hereby approved shall be constructed in accordance with the CIBSE Heat Networks Code of Practice so that their internal systems for space and water heating, including appropriate space for plant and machinery, are capable of being connected to the proposed low temperature hot water district heating network. Prior to commencement of development routes for the connection of those systems to the network at points at the application site boundaries shall be agreed in writing by the LPA.

Reason: To ensure that the proposal complies with Policy CP13 of Councils Adopted Core Strategy and paragraph 96 of the NPPF and in the interests of delivering sustainable development.

 

19)       Before commencement of construction of the superstructure of the development hereby permitted, 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.

 

20)       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 or building 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 and no plating included within the scheme shall be subsequently felled, lopped or removed without the prior written consent of the Local Planning Authority. The details submitted pursuant to this condition will be expected to be in accordance with the details set out in the submitted Landscape Strategy report dated 16/10/2017 and drawing nos. MWA-16.13-900_04 (Tree Planting Strategy) and MWA-16.13-100_05 (Landscape Plan) prepared by Matthew Wigan Associates.

Reason: To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

 

21)       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.

 

22)       No part of the development hereby approved shall be brought into its intended use until the vehicular parking facilities for the care home/assisted living units and pedestrian crossing on Weirfield Road as indicated by Drawing Number "160601 L 02 04 Rev C" have been provided in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority. Thereafter they shall be retained for that purpose at all times.

Reason: To provide a safe and suitable access, in accordance with Paragraph 32 of the National Planning Policy Framework.

 

23)       Prior to its construction details of the proposed pedestrian/cycle connection of a minimum 3 metre width between the care home site and the residential site (adjacent to plot 126) shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter it shall be constructed in accordance with the approved details.

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

 

24)       Prior to its construction details of the proposed pedestrian connection between the residential site to Trews Weir Reach shall have been submitted to and approved in writing by the Local Planning Authority.  Thereafter it shall be constructed in accordance with the approved details.

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

 

25)       Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 and any Order revoking and re-enacting that Order with or without modification, no development of the types described in the following Classes of Schedule 2 shall be undertaken on any of the dwellings/plots comprised in this development without the express consent in writing of the Local Planning Authority other than those expressly authorised by this permission:-

 

Part 1, Class A extensions and alterations

Part 1, Classes B and C roof addition or alteration

Part 1, Class D porch

Part 1, Class E swimming pools and buildings incidental to the enjoyment of the dwellinghouse

Part 1, Class F hard surfaces

 

Reason: In order to protect residential amenity and to prevent overdevelopment given the density of this development, relative juxtaposition of buildings and the relationship to surrounding properties bordering the site.

 

26)       The level of noise emitted from the plant on the site shall not exceed the levels in the table below (measured as a rating noise level using the methodology in BS4142:2014). The developer shall demonstrate by measurement compliance with the levels prior to occupation of the development and as requested by the LPA thereafter.

Plant rating noise levels at nearest sensitive receptors

Daytime (07:00-23:00)            Night (23:00-07:00)

37 dB   30 dB

Reason: In the interests of residential amenity

 

27)       No site machinery or plant shall be operated, no process shall be carried out and no demolition or construction related deliveries received or dispatched from the site except between the hours of 8am to 6pm Monday to Friday, 8am to 1pm Saturday and at no time on Sundays, Bank or Public Holidays.

Reason: To protect the amenity of the locality, especially for people living and/or working nearby.

 

28)       Prior to construction commencing on any of the buildings comprised in this development, details shall be submitted to the Local Planning Authority of secure cycle parking provision/staff changing facilities for the development. Construction of the buildings shall not be commenced until such details have been agreed in writing by the Local Planning Authority, and prior to occupation the cycle parking shall be provided in accordance with the submitted details. 

Reason: To provide adequate facilities for sustainable transport.

 

29)       A comprehensive Framework Travel Plan/Parking Management Plan for the Care Home and assisted living site shall be submitted to and approved in writing by the Local Planning Authority in advance of occupation of the development. Thereafter the development shall be implemented in accordance with the approved travel plan measures. A review of travel patterns for the site shall be undertaken within 6 months of occupation of the development and updated on a basis as agreed in writing with the Local Planning Authority thereafter.

Reason: To ensure that the development promotes all travel modes to reduce reliance on the private car, in accordance with paragraph 36 of the NPPF.

 

30)       Prior to the use of the pre-school facility commencing a Travel Plan to promote the use of sustainable means of transport shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. Thereafter the pre-school shall be operated in accordance with the approved Travel Plan.

Reason: To ensure that the development promotes all travel modes to reduce reliance on the private car.

 

In the event that the Section 106 agreement is not completed within 6 months of the date of this committee meeting, authority be delegated to the City Development Manager to REFUSE permission for the reason that inadequate provision has been made for the matters which were intended to be dealt with in the section 106 agreement.

 

Informatives

 

(1)        In accordance with paragraphs 186 and 187 of the National Planning Policy Framework the Council has worked in a positive and pro-active way with the Applicant and has negotiated amendments to the application to enable the grant of planning permission.

 

(2)        The Local Planning Authority considers that this development will be CIL (Community Infrastructure Levy) liable. Payment will become due following commencement of development. Accordingly your attention is drawn to the need to complete and submit an 'Assumption of Liability' notice to the Local Planning Authority as soon as possible. A copy is available on the Exeter City Council website. It is also drawn to your attention that where a chargeable development is commenced before the Local Authority has received a valid commencement notice (i.e. where pre-commencement conditions have not been discharged) the Local Authority may impose a surcharge, and the ability to claim any form of relief from the payment of the Levy will be foregone.  You must apply for any relief and receive confirmation from the Council before commencing development.  For further information please see www.exeter.gov.uk/cil.

 

(3)        A legal agreement under Section 106 of the Town and Country Planning Act 1990 relates to this planning permission.

 

(4)        Your attention is drawn to the need to obtain an appropriate European Protected Species Licence from Natural England prior to the demolition/destruction of buildings and identified bat roosts on the site.