Agenda item

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

The City Development Manager presented the application for the construction of single-storey cafe and community hub building; replacement of BMX track in alternative location in park.

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

·         speaking as the Chair of Trustees for Park Life Heavitree, a grass roots, community led charity working in and around Heavitree Pleasure Grounds since 2011 with over 40 active volunteers helping to reduce social isolation, improve community cohesion, provide opportunities for people to get active and to create a more socially, economically and environmentally sustainable community;

·         long term aim is to expand the services and activities through a facility in the park. This will be a café with indoor and outdoor seating and a community hall space for hire;

·         the building will help to reduce loneliness in the area. A recent report states that in Heavitee there is a high risk of being lonely. Having a place to gather, meet and take part in social events will bring people out of their homes and into a warm, dry, friendly place in a green space. It will improve health and wellbeing and provide a well-designed space that can be hired to encourage people to get active all year round. At the moment activities like Heavitree Fit Club are seasonal as classes move indoors in winter but out of Heavitree;

·         it will create a community led not for profit business offering employment, training, volunteer and work experience opportunities;

·         a fully costed business plan shows that the facility will work and put money back into the park and the community;

·         it will be be a focus and a ‘shop-front’ for Park Life’s activities/engagement and act as a community hub for other groups;

·         people will be encouraged to use sustainable transport, particularly walking and cycling;

·         the current BMX mud humps will be relocated to a site near the skate park;

·         the operational management plan, to be submitted as a pre commencement condition, will ensure that there is no detriment to immediate neighbours in terms of opening times, noise and lighting.

He responded as follows to Members’ queries:-

·         the provision of solar panels and rainwater harvesting are not included in the plans at this stage but their potential will be investigated;

·         support for sustainable transport is acknowledged and secure cycle parking will be provided;

·         as an alcohol licence is not being sought at this stage for the cafe, anyone consuming alcohol either within or immediately outside the premises, will be asked to leave; and

·         it was considered that concerns expressed regarding the loss of open space were addressed through enhancing the overall provision, the BMX facility being very basic and no more than mud overlaying a former play area which had a concrete base.

Members noted that, whilst the hall would be open from 8:00am to 10:00pm, the opening times for the café also extended on some evenings to 10:00pm which some felt was too late for a café and it was suggested that the suitability of these hours should be monitored. Members welcomed the initiative which was community led and for the benefit of the community.

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

RESOLVED that, subject to the opening hours of the café with the 10:00pm closing time being supported for the time being, being monitored over the first 12 months of operation and reviewed after this period at a City Council Delegation Briefing, planning permission for the construction of single-storey cafe and community hub building; replacement of BMX track in alternative location in park be APPROVED, subject 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 27 March 2018 (including dwg. nos 000.010 Rev A; 000.011; 000.020; 100.001 Rev A; 100.002 Rev A; 200.001; 300.001 Rev A; 300.002 Rev A) as modified by other conditions of this consent.

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

(3)        No development should take place until a report has been submitted to and approved in writing by the Local Planning Authority which demonstrates that the development is resilient to climate change and optimises energy rand water efficiency through appropriate design, insulation, layout, orientation, landscaping and materials, and by using technologies that reduce carbon emissions. The report will be expected to demonstrate BREEAM ‘Excellent’ standards wherever possible and where it is not possible, to explain the reasons why the standards cannot be met. The development should take place in accordance with the agreed details.

Reason: In the interests of promoting sustainable design and construction methods. It is necessary for this information to be submitted prior to the commencement of the development to ensure that sustainable construction methods are incorporated into the design.

(4)        Prior to the commencement of the use, the applicant shall submit for approval an operational management plan for the development. This should describe the steps that will be taken to ensure that the use and operation of the development does not have an adverse effect on local amenity. It should include, but not be limited to, the hours of use of the development, maintenance of kitchen extraction, control of noise and audible music, types of activities and external lighting. The approved plan shall be implemented whenever the development is in use and shall be reviewed as required on request of the LPA.

(5)        Prior to the commencement of the use hereby permitted, the kitchen ventilation system for the unit shall be installed in accordance with details previously submitted to and approved in writing by the Local Planning Authority. The details shall include drawings of the location and design of the system, and information on how odour emissions shall be controlled, including abatement if necessary, and how the system shall be maintained to ensure it does not adversely affect the amenity of surrounding uses.

(6)        Details of all building services plant, including sound power levels and predicted sound pressure levels at a specified location outside the building envelope, to be submitted to and approved in writing by the LPA. The predicted noise levels shall be submitted prior to commencement of the development and shall be demonstrated by measurement prior to occupation of the development.

(7)        No development shall take place 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) There shall be no burning on site during demolition, construction or site preparation works;
b) 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;
c) Dust suppression measures shall be employed as required during construction in order to prevent off-site dust nuisance.

d) Site hoarding shall be kept clear of graffiti and fly-posting.
The approved CEMP shall be adhered to throughout the construction period.

(8)        If, during demolition/ development, contamination not previously identified is found to be present at the site then the Local Authority shall be notified as soon as practicable and no further development (unless otherwise agreed in writing with the Local Planning Authority), shall be carried out until the developer has submitted an investigation and risk assessment, and where necessary a remediation strategy and verification plan, detailing how this unsuspected contamination shall be dealt with. Prior to occupation of any part of the development, a verification report demonstrating completion of the works set out in the approved remediation strategy, shall be submitted to and approved by the Local Planning Authority.

(9)        Prior to commencement of the development, details shall be submitted to the Local Planning Authority of secure cycle parking provision for the development. Development 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.

(10)     No part of the development hereby approved shall be brought into its intended use until the pedestrian access to the site from Whipton Lane as indicated on Drawing number 000,010 Rev A has been provided in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority.           

Reason:  To ensure that a safe and suitable access is achieved in accordance with paragraphs 32 and 41 of the National Planning Policy Framework.

(11)     The use of the cafe hereby approved shall not be carried out other than between the hours of throughout March to October 0700 to1900 Monday to Wednesday, 0700 to 2200 Thursday to Saturday and 0800 to1700 on Sundays and Bank Holidays. November to February hours of use are 0800 to1600 Monday to Wednesday, 0800 to 2200 Thursday to Saturday and 0800 to1600 Sundays and Bank Holidays. The use of the community hall hereby approved shall not be carried out other than between the hours of 0800 to 2200.

Reason: So as not to detract from the amenities of the nearby residential property.

(12)     Prior to the commencement of the construction of the community hub building, the construction of the BMX track must be completed and available for use.

Reason: To ensure the continued use of the BMX track.