Agenda item

To consider the report of the City Development Manager.

 

The Principal Project Manager (Development) (HS) presented the application for demolition of existing buildings (Transport Club and Exeter Auto Centre) and redevelopment to provide student accommodation (sui generis), ancillary facilities, and ground floor uses in classes A1, A2, A3, A4, B1, D1 and D2, cycle parking provision and public realm improvements.

 

The Principal Project Manager (Development) reported that the application was a revised design following issues raised at this Committee in July of this year when the previous application had been refused, The design now presented being that preferred after a series of options had been put to the Planning Member Working Group. He detailed the amendments being revision to the external design and increase in the number of studio rooms by three through sub-division of a larger studio and enlargement of the top floor. The design and materials also better reflected that of the adjoining Phase 1 of the overall development.

 

The key issues remained noise impact on residents, contamination (both of which could be dealt with by condition following submission of surveys) and design.

 

Mr O’Brien spoke in support of the application. He raised the following points:-

 

·         represent the applicant, Graduation Exeter (Phase 2) Limited. The previous refused scheme had been acceptable in all respects apart from appearance and shape;

·         since July, there had been engagement on design options, the revised design seeking to address concerns and the reason for refusal and then put to the Planning Member Working Group on 28 August 2018, with feedback confirming that the design was preferred over the other options presented;

·         City Council planning officers were fully supportive of all aspects of the revised application;

·         the applicant is keen to deliver this scheme at the earliest opportunity following the progress being made on the construction of Phase 1 and to speed up delivery of Phase 2, the majority of the vacant buildings on site having been demolished;

·         the scheme offered a good quality development delivering purpose built accommodation to assist in reducing the current shortfall in supply. The smaller rooms of Phase 2 delivered an affordable option to students with rents being lower than those of Phase 1. It completed the development of this key city centre site and was a further step to the delivery of the Council’s vision for the Grecian Quarter. The introduction of ground floor retail and leisure floor-space would create activity along Summerland Street and public realm improvements, including widening of pavements and tree planting as well as new employment opportunities. The development would complete this key city centre block following the Phase 1 development.

He responded as follows to Members’ queries:-

 

·         although precise data could not be provided at the meeting there was significant evidence from other University Cities that there was a shift in student occupation from houses in multiple occupation to purpose built student accommodation. This was a feature particularly in towns and cities with University’s with growing student numbers, as was the case in Exeter, where it was also a key economic driver;

·         prior permission had been obtained for demolition; and

·         no application had been made for additional hours of construction.

 

Responding to Members, who referred to problems reported regarding working outside permitted hours on Phase I, the Principal Project Manager (Development) advised that these issues had been taken up with the developer and that more formal action would be taken by the planning authority should the issues persist. The City Development Manager further advised Members that occupancy of purpose built student accommodation was very close to 100% with information on the University web showing that many were full prior to the beginning of the student year.

 

Some Members expressed continued disquiet regarding the design considering it to be over dominant in the skyline with one Member referring to a view that the revision had still failed to address the rectangular block nature of the proposal. It was explained that no pedestrian access had been lost and the pavements would be widened by stepping back of the building line.

 

Other Members, whilst in support, referred to the growing preponderance of new student blocks in the city centre, one suggesting that locations slightly peripheral to the centre would be more appropriate along with on campus locations. Another Member, in addition to referring to the need for data to be provided on the existing and predicted student occupancy rates across all types of accommodation, was concerned that such developments were at the expense of general housing provision, particularly given the continuing pressures on the housing market. There was some consensus that clarity on the delivery of student accommodation versus demand was necessary to better inform and monitor the background to, and decisions on, such applications.

 

The City Development Manager referred to the report of Professor Smith of Loughborough University to the Planning Member Working Group in July which concluded that the provision of purpose built accommodation was the appropriate way forward and that there was evidence that such provision was freeing up houses in multiple occupation for use by the wider population and keeping rent levels down.

 

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, securing:-

 

• a restriction to student occupation;
• a Student Management Plan;
• a financial contribution of £19,968.72 towards District Heating delivery to this site;
• occupation to be in conjunction with the Phase I development; and
• off site highway works;

 

planning permission for demolition of existing buildings (Transport Club and Exeter Auto Centre) and redevelopment to provide student accommodation (sui generis), ancillary facilities, and ground floor uses in classes A1, A2, A3, A4, B1, D1 and D2, cycle parking provision and public realm improvements be APPROVED, subject also 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 91-92 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 as listed below and as modified by other conditions of this consent.

Floor and roof plans 001224-AHR-AP-010 rev P03, AP-011 rev P03, AP-012 rev P03, AP-013 rev P03, AP-014 rev P03, AP-015 rev P03, AP-016 rev P03, and AP-017 rev P03 received 26

            September 2018.

Elevations 001224-AHR-AP-110 rev P03, AP-111 rev P03, AP-112 rev P03, and AP-113 rev

            P03 received 26 September 2018.

Sections drawings 001224-AHR-AP-200 rev P03, AP-201 rev P03, and AP-202 rev P03, and

            AP-203 rev P03 received 26 September 2018.

            Reason: Inorder to ensure compliance with the approved drawings.

 

(3)       a schedule of all materials it is intended to use externally in the construction of the development shall be submitted to the Local Planning Authority. Samples of the materials hall be submitted as requested. No external finishing material shall be used until the Local PlanningAuthority has confirmed in writing that its use is acceptable. Thereafter the materials used in the construction of the development shall correspond with the approved materials in all respects.

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

 

(4)        A detailed scheme for landscaping and ecological enhancement of the site, including the planting of trees and/or shrubs, the use of surface materials and opportunities for wildlife shall be submitted to the Local Planning Authority and the development shall not be brought into use 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 and ecological enhancement measures 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.

 

(5)        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.

 

(6)        No development related works, with the exception of demolition works, shall take place 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.

 

(7)       Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts 1 to 4 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition 4 has been complied with in relation to that contamination.

 

            a. Site Characterisation

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include;

 

(i)            A survey of the extent, scale and nature of contamination;

(ii)           An assessment of the potential risks to;

 

                        -           human health,

                        -          property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes

                     -           adjoining land,

                        -           ground waters and surface waters,

                        -           ecological systems,

                        -           archaeological sites and ancient monuments;

 

(iii)          an appraisal of remedial options, and proposal of the preferred

option(s).

 

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

 

            b. Submission of Remediation Scheme

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

            c. Implementation of Approved Remediation Scheme

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

 

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

 

            d. Reporting of Unexpected Contamination

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of part a, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of part b, which is subject to the approval in writing of the Local Planning Authority.

 

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with part c.

 

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

(8)       No development (including ground works) or vegetation clearance works shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The Statement shall provide for;

 

(a)  The parking of vehicles of site operatives and visitors

(b)  Loading and unloading of plant and materials

(c)  Storage of plant and materials used in constructing the development

(d)  The erection and maintenance of securing hoarding, if appropriate, which shall be kept clear of graffiti and fly-posting

(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 construction works, with priority given to reuse of building materials on site wherever practicable

(h)  No burning on site during construction or site preparation works

(i)    Measures to minimise noise and vibration nuisance to neighbours from plant and machinery

(j)    No driven piling without prior consent from the LPA

(k)  construction working hours and deliveries from 8:00 to 18:00 Monday to Friday, 8:00 to 13:00 on Saturdays and at no time on Sundays or Bank Holidays

 

The approved Statement shall be adhered to throughout the construction period of the development.

            Reason: In the interest of the reasonable amenity of surrounding occupiers.

 

(9)        Details of the storage and management of waste for each commercial unit and the residential accommodation shall be agreed in writing by the Local Planning Authority before that part of the development is first occupied.

Reason: In the interest of public health and amenity and to ensure footways are not obstructed.

 

(10)      The applicant shall make recommendations for sound insulation based on the submitted Mach Residential Environmental Noise Assessment revision P08 dated 21 September 2018. The sound insulation measures shall be submitted to the LPA for approval in writing prior to commencement of the development, and implemented in full prior to occupation of the development. The approved insulation shall be maintained as agreed thereafter. Measures to protect against noise should not conflict with the needs of future occupants to prevent and address over-heating.

            Reason: In the interests of the living conditions of future occupiers.

 

(11)      Prior to the commencement of any commercial kitchen, the kitchen ventilation system for kitchen 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, and how the system shall be maintained to ensure it does not adversely affect the amenity of surrounding uses. The applicant is advised that further guidance on the required information is available in annex B of the DEFRA document 'Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems'.

Reason: In the interests of the amenity of the area, especially nearby residential uses.

 

(12)      Before any unit is brought into an A3, A4, D1 or D2 use, a noise assessment shall be undertaken and submitted for approval to the LPA. This shall assess the impact of noise from the use on nearby receptors, and make recommendations for mitigation or control measures where necessary. The report shall be approved in writing by the LPA, and any agreed mitigation and control measures implemented in full prior to the commencement of the use.

            Reason: In the interests of residential amenity.

 

(13)      Prior to the installation of any new plant on the site, details of the plant shall be submitted to and approved in writing by the Local Planning Authority. The details shall include location, design (including any compound) and noise specification. The cumulative noise from all plant shall not exceed 5dB below the existing background noise level at the site boundary. If the plant exceeds this level, mitigation measures shall be provided to achieve this in accordance with details to be submitted to and approved in writing by the Local Planning Authority. (All measurements shall be made in accordance with BS 4142:2014).

Reason: In the interests of the amenity of the area, especially nearby residential uses.

 

(14)      The Energy Plant installed and operated at the development shall meet all the criteria and specifications described in section A4 of the submitted report 'Air Quality Assessment: Land Off Summerland Street Exeter' (ref J322), from Air Quality Consultants dated 18 April 2018. Any changes to the criteria and specifications (either at the time of installation or at any point thereafter) should be agreed in writing in advance with the Local Planning Authority.

            Reason: In the interests of protecting air quality.

 

(15)      No part of the development hereby approved shall be brought into its intended use until further details of pedestrian/cycle facilities/crossing points in the immediate area (including from the site to Belgrave Road/Bampfylde Street) have been approved in writing by the Local Planning Authority. No part of the development shall be occupied until the facilities have been provided, surfaced and marked out in accordance with the approved plans retained for those purposes at all times. The applicant will need to enter into a S278 agreement.

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

 

(16)      No part of the development hereby approved shall be brought into its intended use until the redundant dropped kerbs adjacent to the site have been reinstated 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 safe and suitable access and adequate facilities for traffic attracted to the site.

 

(17)      Travel Plan measures including the provision of sustainable transport welcome packs and details of the arrangements of how student pick up/drop off will be managed, shall be provided in accordance with details agreed in writing by the Local Planning Authority and Local Highway Authority in advance of occupation of the development.

Reason:To promote the use of sustainable transport modes and in the interest of highway safety, in accordance with paragraphs 32 and 36 of the NPPF.

 

(18)      No development shall take place until adequate areas shall have been made available within the site, or other areas as agreed in writing by the local planning authority, to accommodate operatives' vehicles, construction plant and materials and a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority.

The statement should include details of access arrangements, measures to minimise the impact on the adjacent footpath and timings of the proposed works. The approved Statement shall be adhered to throughout the construction period.

            Reason: In the interests of highway safety and public amenity

 

(19)      Details of secure cycle parking provision for the development shall be submitted to and approved in writing by the Local Planning Authority. Development shall not be occupied until the secure cycle parking facilities have been provided in accordance with the submitted details.

            Reason: To provide adequate facilities for sustainable transport.

 

(20)      The residential accommodation shall be constructed with centralised 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: In accordance with the requirements of policy CP13 of the Exeter Core Strategy 2012 and in the interests of sustainable development.

 

(21)      Unless otherwise agreed, notwithstanding condition no. 3, no work shall commence on the fit-out of tenant and associated landlord areasof the A, B and D class units on the ground and lower ground floors until 'Sustainable Fit-out Guidance' for these areas has been submitted to and approved by the Local Planning Authority. The fit-out of these areas shall only thereafter be carried out in accordance with the approved guidance.

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

 

(22)      Unless otherwise agreed in writing by the Local Planning Authority the A, B and D class units on the ground and lower ground floors hereby approved shall achieve an overall BREEAM scoring of 60 percent or greater for shell and core only. Unless otherwise agreed in writing by the Local Planning Authority the residential units hereby approved shall achieve an overall BREEAM scoring of "excellent" (70 percent or greater). Prior to commencement of any above ground construction works the developer shall submit to the Local Planning Authority a BREEAM design stage assessment report(s) to demonstrate the score expected to be achieved. Where this does not meet the above requirements the developer must provide details of what changes will be made to the development to achieve that standard, and thereafter implement those changes. A post completion BREEAM report shall be submitted to the Local Planning Authority within 3 months of the substantial completion of the building hereby approved. The required BREEAM assessments shall be prepared, and any proposed design changes approved prior to commencement of the development, by a licensed BREEAM assessor.

Reason: To ensure that the proposal is in accordance with the aims of Policy CP15 of Council's Adopted Core Strategy and in the interests of delivering sustainable development.

 

(23)      The recommendations in section 8 of the Explosive Ordnance Desk Top Study for Stagecoach Bus Depot, Belgrave Road, Exeter (project 15200) dated 11/05/2015 shall be complied with in full, throughout the works to implement this consent.

            Reason: In the interests of public safety.

 

Informatives

 

1.    In accordance with Paragraph 38 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 (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.

 

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

 

4.    In accordance with Chapters 1 and 2 of the Conservation of Habitats and Species Regulations 2017, this development has been screened in respect of the need for an Appropriate Assessment (AA). Given the nature of the development, it has been concluded that an AA is required in relation to potential impact on the relevant Special Protection Areas (SPA), the Exe Estuary and East Devon Pebblebed Heaths, which are designated European sites. This AA has been carried out and concludes that the development is such that it is highly unlikely to have a significant impact on protected habitats, alone or in combination with other plans or projects.