Agenda item

To consider the report of the City Development Manager.

 

The Principal Project Manager (Development) (PJ) presented the application for the variation of condition 2 of planning application 16/1210/03 granted permission on 12 April 2017 to allow for the reduction/removal of areas of communal space to be replaced with 12 additional bed spaces.

 

The applicant was seeking the removal of a gym and cinema previously approved to provide additional units of accommodation. The need for student accommodation was supported by Development Plan Policy and Supplementary Planning Guidance and student accommodation was an appropriate use of this former pub site which was not in a residential area and was close to the city centre. The University Guild had been consulted on the proposal and, whilst recognising that the gym and cinemas elements were largely superfluous, did express concerns regarding amenity provision and unit size for students in general.

 

The Principal Project Manager explained the changed configurations sought for the revised unit numbers and the City Development Manager commented on the reduction in the communal areas and advised that there was no policy guidance on student unit designs and general amenity provision for purpose built student accommodation.

 

The City Development Manager tabled the latest statistics on student numbers provided by the University of Exeter’s Estates department and from Council Tax exemption records. These were referenced against the nine principles set out in supplementary planning guidance produced in 2007, two of which are set out below:-

 

• supports the intention of the University to expand. The City Council, where appropriate, will impose planning conditions or seek a planning obligation to ensure that expansion in the University’s teaching, research and general facilities is accompanied by the provision of significant increases in purpose-built student residential accommodation, such that 75% or more of the additional student numbers are accommodated; and
• seeks the provision of as much purpose built student housing as possible to reduce the impact on the private sector housing market.

 

The City Development Manager explained that, whilst the target of 75% of all new accommodation to be provided in purpose built accommodation since the 2007 policy had been introduced would be met, he pointed out that overall student numbers in purpose built student accommodation would still be deficient.

 

The City Development Manager responded to Member’s queries on the statistics, referring to a previous assessment of student numbers collected in relation to assessing the City’s housing supply needs and advised that a consultant had been engaged to report back for a review of policy on student numbers to be undertaken.

 

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

 

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

 

• had been the architect for the original scheme on behalf of the then pub owner but there was no student accommodation provider at that time;
• have analysed scheme on behalf of the current owner - a student accommodation provider - concluding that the communal areas were oversized and, consequently, the overall space was re-designed;
• the scheme is of a high standard to compete in the local market for students, the applicant understanding the workings of this market;
• kitchens in the cluster flats have sufficient storage and seating space for dining and therefore the kitchens work;
• some communal space has been replaced by studio flats with communal space within them; and
• there was some criticism of the gym and cinema provision within the original design as these facilities are available in the city centre.

 

He responded to Members’ queries:-

 

• the original application had been excessive in terms of the proposed cinema and gym which were subsequently deemed unnecessary;
• a communal area remained on the ground floor, available for occupants of the whole block;
• on the lowest level, the gym and cinema were both to be replaced with four bed sit flats each with their own kitchens; and
• there are no flats provided for disabled students as the University require these to be provided on campus.

 

Whilst one Member who had not supported the original scheme felt that she could also not support the amended proposal, other Members were in support. One Member referred to the increase in student mental health issues and suggested that consultation with the University of Exeter, the University Guild and student accommodation providers should be carried out to seek views on good quality rental provision for students for policy guidelines to be developed. The suggestion that a report be brought to the Planning Member Working Group on this was supported.

 

The recommendation was for approval, subject to 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 to secure a Student Management Plan, a financial contribution of £19,429 towards the delivery of District Heating in the area and a Traffic Regulation Order, planning permission for the variation of condition 2 of planning application 16/1210/03 granted permission on 12 April 2017 to allow for the reduction/removal of areas of communal space to be replaced with 12 additional bed spaces be APPROVED, subject to the following conditions:-

 

(1)        The development to which this permission relates must be begun before 12 April 2020.

Reason:  To ensure compliance with sections 91-92 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 20 October 2017 (dwg. nos 1188 PL05 rev D; PL06 rev C; PL07 rev B; PL09 rev B; PL10 rev *; PL11 rev *; PL12 rev C; PL13 rev *; PL14 rev A and PL15 rev C) as modified by other conditions of this consent.

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

 

(3)        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 the development shall not be started before their approval is obtained in writing and 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 with the visual amenity requirements of the area.

 

(4)        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:  To ensure the appropriate identification, recording and publication of archaeological and historic remains affected by the development.

 

(5)        The demolition hereby approved shall not be carried out until a building contract has been entered into for the erection of the replacement building permitted by this planning permission and satisfactory evidence to that effect has been produced to the Local Planning Authority.

Reason:  In the interests of the appearance of the Conservation Area.

 

(6)        The residential accommodation shall be constructed with centralised space heating and hot water 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: To ensure that the proposal complies with Policy CP14 of Council's Adopted Core Strategy and in the interests of delivering sustainable development.

 

(7)        No part of the development hereby approved shall be brought into its intended use until the loading bay as indicated on Drawing Number 1188/PL05 Rev B (of at least 2.5m in width) on Paris Street, and raised pedestrian crossing at the vehicular access have been provided in accordance with details and specifications that shall previously have been submitted to, agreed and approved in writing by the Local Planning Authority.                       

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

(8)        No part of the development hereby approved shall be brought into its intended use until secure cycle parking facilities as indicated on Drawing Number 1188/PL05 Rev B and an external door into the cycle store, 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 for sustainable transport and ensure that adequate facilities are available for the traffic attracted to the site,

 

(9)        No development shall commence until a noise assessment report, including noise from the any plant machinery has been submitted to and approved in writing by the Local Planning Authority providing details of any sound insulation measures and mitigation measures required and shall thereafter be provided in accordance with such details:

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

 

(10)      No development shall take place, including any works of demolition, until a Construction and Environment Management Plan (CEMP) 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:

a) the parking of vehicles of site operative and visitors

b) loading and unloading of plant and material;

c) storage of plant and materials used in the constructing the development;

d) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

e) wheel washing facilities;

f) measures to control the emission of dust and dirt during construction;

g) a scheme for recycling/disposing of waste resulting from demolition and construction works

h) construction work shall not take place outside the following times; 8am to 6pm (Mondays to Fridays); 8am to 1pm (Saturdays); nor at any time on Sundays, Bank or Public Holidays.

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

(11)      Before the cafe/bar hereby permitted opens, a scheme for the installation of equipment to control the emission of fumes and smell from the cafe/bar use shall be submitted to, and approved in writing by, the Local Planning Authority and the approved scheme shall be implemented. All equipment installed as part of the scheme shall be therefter be operated and maintained in accordance with the manufacturers instructions.

Reason: To protect the amenity of nearby occupants.

 

(12)      Unless otherwise agreed in writing by the Local Planning Authority the building hereby approved shall achieve a BREEAM 'excellent' standard as a minimum, and shall achieve 'zero carbon' if commenced on or after 1st January 2019. Prior to commencement of development of such a building the developer shall submit to the Local Planning Authority a BREEAM design stage assessment report to be written by a licensed BREEAM assessor which shall set out the BREEAM score expected to be achieved by the building and the equivalent BREEAM standard to which the score relates. Where this does not meet the BREEAM minimum standard required by this consent the developer shall provide prior to the commencement of development of the building details of what changes will be made to the building to achieve the minimum standard, for the approval of the Local Planning Authority to be given in writing. The building must be completed fully in accordance with any approval given. A BREEAM post-completion report of the building is to be carried out by a licensed BREEAM assessor within three months of substantial completion of the building and shall set out the BREEAM score achieved by the building and the equivalent BREEAM standard to which such score relates.

Reason: To ensure that the proposal complies with Policy CP15 of Council's Adopted Core Strategy and in the interests of delivering sustainable development. The design stage assessment must be completed prior to commencement of development because the findings may influence the design for all stages of construction.

 

(13)      Prior to occupation of any dwelling hereby approved, details of provision for nesting swifts shall be submitted to and approved in writing by the Local Planning Authority in consultation with the RSPB. Upon written approval of the details, the scheme shall be fully implemented as part of the development and retained thereafter.

Reason: In the interests of preservation and enhancement of biodiversity in the locality.

 

(14)      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 building(s) 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: In the interests of the amenity of the occupants of the building(s) hereby approved.

 

(15)      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 Drainage Strategy Statement (Report Ref. -, Rev. P01, dated November 2016) and the Strategic SW Drainage Layout Drawing (Drawing No. 1004, Rev. P01, dated 28th November 2016).

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

 

(16)      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: 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.

 

(17)      Notwithstanding condition no 2, no work shall commence on site under this permission until full details of the cafe/bar refuse area have been provided has been submitted to and approved in writing by the Local Planning Authority and  thereafter be provided in accordance with such details:

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

 

(18)      No development shall commence until an air quality assessment report, has been submitted to and approved in writing by the Local Planning Authority providing details of any mitigation measures required and shall thereafter be provided in accordance with such details:

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

 

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.  A Liability Notice is attached to this decision notice.

It is also drawn to your attention that where a chargeable development is commenced before the Local Authority has received a valid commencement notice (ie 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.