Agenda item

Planning Application No. 19/0055/VOC - Sandy Park Lodge, Old Rydon Lane

To consider the report of the City Development Manager.

 

Minutes:

The Principal Project Manager (Development) (MH) presented the application for Variation of Condition no. 3 of Planning Application Reference Number: 17/0665/OUT granted planning permission on 26/06/2018 to remove requirement for one-way system on Old Rydon Lane to be implemented/completed prior to implementation of permission.

 

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

 

  • local residents are concerned about access onto the site by heavy, eight wheeler vehicles during the construction stage and believe that, with satellite navigation, it is likely that many lorries will be directed down the full length of Old Rydon Lane rather than approaching along Clyst Road. Such problems had occurred during the construction phase of houses on the Bricknells site; and
  • request a change to condition 12 to ensure that all vehicles approach the hotel site via the A379, along Clyst Road and use the emergency vehicle entrance into Sandy Park. This route should also be clearly signposted at both ends of Old Rydon Lane - at the west end on Newcourt Way and at the Clyst Road end.

 

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

 

  • support comments of Councillor Newby; and
  • local residents do not wish to see a delay in the construction of the hotel development but seek an assurance that a Traffic Regulation Order (TRO) will be implemented to prevent heavy vehicles using Old Rydon Lane and a guarantee that, until the TRO is implemented, all access will be via Clyst Road and the emergency vehicle entrance leading to Sandy Park.

 

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

 

  • during contractual discussions with hotel operators, Kensington Taylor were aware the condition for a One-Way Traffic Regulation Order (TRO) since June 2018. This variation was submitted the day after the Exeter Highways and Traffic Orders Committee approved the TRO. The applicant had assured residents at two separate meetings that if the TRO was approved construction would not go ahead until the TRO was implemented;
  • Devon County Council Highways, Exeter Cycling Campaign and 87 other people objected to this Variation. Highways stated that it’s at odds with the safety of Old Rydon Lane and the plan is to have the TRO Implemented within 15 weeks of this meeting. Signing a Construction Contract, producing a Construction Plan and completing all other Pre-Commencement conditions will no doubt take that time.
  • approval is recommended with a managed Construction Plan that could allow building work to start. However, the planning authority have a poor track record of enforcing Construction Plans in this area. Planning Officers told residents who complained about non-adherence to Construction Plans that they cannot enforce them. Bricknalls, Persimmon, Heritage Homes, IKEA and the Sandy Park Rugby ground extension are examples of this. The building of the Sandy Park training pitch used the safety access road leading into Old Rydon Lane for earth movement lorries despite there being a Construction Plan stating the road should not be used;
  • if the signing of the hotel contract is truly at risk then construction vehicles could use the safety access road via the A379 traffic lights and dual carriage way as a temporary solution thus completely avoiding Old Rydon Lane until the TRO is implemented. This was not been mentioned by Kensington Taylor;
  • the email from Kensington Taylor to planning officers and the applicant sums up what safety means to this Developer. The £25 million pound investment should not be quoted against a TRO that is safety based. The objectors are baffled as to how the planning department can consider approval and why any contract with Marriott is at risk when clear implementation dates have been issued by Highways and temporary solutions are available; and
  • this Variation should be rejected.

 

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

 

  • no construction traffic will enter the site other than via Clyst Road and through the Sandy Park emergency exit/entrance;
  • as well as designing the revised traffic system and paying for the order, it is yet to be implemented by the County Council; and
  • the Rugby Club will work with the Councils and the residents as it also does not want heavy traffic using Old Rydon Lane.

 

He responded as follows to Members’ queries’:-

 

  • the County Council have not reached the advertising stage although the Council was paid about six to eight weeks previously;
  • the tendering process includes a requirement for the chosen contractors to access the site via the A369 and Clyst Road and it is not thought that satellite navigation will lead to traffic through Old Rydon Lane.

 

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

 

In order to ensure that construction vehicles access the site via the A379 and Clyst Road, as confirmed by the Rugby Club, Members supported the proposal to amend condition 12 by adding after “and traffic routing” in the 6th line the words “which shall access the site via the A379 and through the Sandy Park stadium emergency access road and leave the site via Old Rydon Lane in an easterly direction to Clyst Road and on to the Sandygate roundabout”. 

 

Members expressed their disappointment that there had been a delay in the implementation of the TRO since its agreement by the Exeter Highways and Traffic Order Committee on 14 January 2019 and that the County Council were not represented at this meeting.

 

RESOLVED that planning permission for the application for Variation of Condition no. 3 of Planning Application Reference Number: 17/0665/OUT granted planning permission on 26/06/2018 to remove requirement for one-way system on Old Rydon Lane to be implemented/completed prior to implementation of permission be approved, subject to the following conditions:-

 

1)         Application for the approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of 26th June 2018 and the development hereby permitted must be begun not later than two years from the final approval of the last of the reserved matters to be approved.

Reason: To comply with Section 92(2) of the Town and Country Planning Act 1990 (as amended).

 

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 24th April, 11th July and 8th September 2017 in respect of planning application ref no. 17/0665/OUT (including dwg. nos. 1632 L01.04 Rev B, SPH-KT-L01.03-D, SPH-KT-L01.02-D, SPH-KT-L02.01-A, SPH-KT-L03.01-A and 1632L03.02 A) 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. 19/0055/VOC) shall not be implemented until a Traffic Regulation Order (TRO) in respect of the introduction of a one-way system (east bound only) along a stretch of Old Rydon Lane between the railway bridge and the application site has been approved by Devon County Council as the relevant Highway Authority.

Reason for pre-commencement condition: To ensure that traffic associated with the servicing of the hotel, and associated use of staff parking spaces provided directly on the hotel site, is capable of being managed to protect the capacity of the highway network and the safety of pedestrian and cycle users of Old Rydon Lane in the vicinity of the site.

 

4)         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.

 

5)         Pre-commencement condition: Prior to the commencement of the development hereby permitted, a detailed surface water management plan shall be submitted for written approval to the planning authority (who shall consult with Highways England on behalf of the Secretary of State for Transport). Surface water management shall be implemented in line with the approved plan and maintained as such thereafter.

Reason for pre-commencement condition: To protect the integrity of the adjacent M5 motorway embankment and drainage system.

 

6)         Pre-commencement condition: Prior to the commencement of the development hereby permitted, a detailed landscaping plan and planting schedule for the treatment of the M5 motorway boundary shall be submitted for written approval to the planning authority (who shall consult with Highways England on behalf of the Secretary of State for Transport). Planting shall be undertaken in accordance with the approved schedule and maintained as such thereafter.

Reason for pre-commencement condition: To protect the integrity of the adjacent M5 motorway soft estate.

 

7)         Prior to the development hereby permitted being brought into use, a revised travel plan for the whole of the Sandy Park site, incorporating the hotel, shall be submitted for written approval to the planning authority (who shall consult with Highways England on behalf of the Secretary of State for Transport). The travel plan measures shall be implemented in accordance with the agreed plan.

Reason: In order that the development promotes public transport, walking and cycling, and limits the reliance on the private car.

 

8)         Prior to the development hereby permitted being brought into use, a revised Match Day Access Strategy shall be submitted for written approval to the planning authority (who shall consult with Highways England on behalf of the Secretary of State for Transport). Thereafter the hotel shall only be used and operated in accordance with the approved Match Day Access Strategy.

Reason: In the interests of highway safety, the efficient operation of the local and strategic road networks, and to safeguard the amenities of neighbouring residents.

 

9)         Samples of the materials it is intended to use externally in the construction of the development 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 in all respects.

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

 

10)       Pre-commencement condition: 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 development shall take place 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.

Reason for pre-commencement condition: To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

 

11)       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.

 

12)       Pre-commencement condition: A Construction Environmental Management Plan (CEMP) 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, to access the site from the A379 through the Sandy Park stadium Car Park and emergency access road and leave the site via Old Rydon Lane in an easterly direction to Clyst Road and on to the M5 Junction 30 roundabout (or other such route as may be agreed in writing by the Local Planning Authority in consultation with Devon County Council as the Highway Authority)”, 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.

 

13)       No construction/demolition work shall take place outside the following times: 8am to 6pm (Mondays to Fridays) 8am to 1 pm (Saturdays) nor at any time on Sundays, Bank or Public Holidays.

Reason: In the interests of residential amenity.

 

14)       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.

 

15)       Noise from mechanical building services plant shall not exceed the limits set in Table 6.5 of the Sandy Park Hotel Noise Impact Assessment report dated April 2017 by WSP Parsons Brinckerhoff.

Reason: In the interests of the residential amenity of the occupants of surrounding properties.

 

16)       Pre-commencement condition: The applicant shall undertake a noise impact assessment for this application, which shall be submitted and approved in writing prior to commencement of the development. This report shall consider the impact of noise from the development on local receptors and shall include noise from patrons, deliveries, collections and events.

If, following the above assessment, the LPA concludes that noise mitigation measures are required, the applicant shall then submit a scheme of works to ensure that the development does not have a significant negative impact on local amenity. These measures shall be agreed in writing by the LPA and shall be implemented prior to and throughout the occupation of the development.

Reason for pre-commencement condition: In the interests of the residential amenity of the occupants of surrounding properties.

 

17)       Pre-commencement condition: Prior to the commencement of the development hereby approved a Wildlife Plan which demonstrates how the proposed development has been designed to enhance the ecological interest of the site, and how it will be managed in perpetuity to enhance wildlife has been submitted to and approved by the Local Planning Authority. Thereafter the development shall be carried out and managed strictly in accordance with the approved measures and provisions of the Wildlife Plan.

Reason for pre-commencement condition: In the interests of protecting and improving existing, and creating new wildlife habitats in the area.

 

18)       No building hereby permitted shall be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the local planning authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in the National Planning Policy Framework, National Planning Policy Guidance and the Department for Environment, Food and Rural Affairs Sustainable Drainage Systems Non-statutory technical standards for sustainable drainage systems, and the results of the assessment provided to the local planning authority. Where a sustainable drainage scheme is to be provided, the submitted details shall:

i)          Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;

ii)         Include a timetable for its implementation; and

iii)         Provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

Reason: To ensure the satisfactory drainage of the development.

 

19)       Pre-commencement condition: The development shall not begin until full details of drainage works have been submitted to and approved by the Local Planning Authority in writing.

Reason for pre-commencement condition: To ensure the satisfactory drainage of the development.

 

20)       No more than a maximum of 40 staff/servicing parking spaces shall be provided on the site of the hotel building itself i.e. on the land on the south of Old Rydon Lane, and these spaces shall only be used by staff/servicing vehicles and not at all by hotel guests or visiting members of the public.

Reason: To ensure that highway impacts of the scheme on Old Rydon Lane are limited to staff/servicing related traffic.

 

21)       No part of the development hereby approved shall be brought into its intended use until the footpath (of at least 3m in width) and crossing of Old Rydon Lane located adjacent to the frontage of the building, 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 ensure that adequate facilities are available for the traffic attracted to the site.

 

22)       Prior to the construction of any bridge over the public highway, a detailed Approval In Principle for the footbridge shall be submitted and approved in writing by the Local Highway Authority (Devon County Council).

Reason: To ensure the integrity of adjacent structures and land.

 

23)       No part of development shall commence until a Car Park Management Plan has been submitted to and agreed in writing by the Local Planning Authority outlining how adequate car parking will be provided for the onsite guests/staff/deliveries/Match Day uses, and be maintained during construction works on site, and once the hotel is open for use.

Reason: To ensure that adequate onsite parking provision is provided for all uses.

 

24)       No part of the development hereby approved shall be commenced until details (including timeframe for delivery) of the access into the staff car park/delivery area have been submitted to and approved in writing by the Local Planning Authority.

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

 

 

 

 

Supporting documents: