Agenda item

To consider the report of the City Development Manager.

 

 

The Project Manager (Planning) (ZN) presented the application for the change of use of former care home to provide 19 residential units, partial demolition and redevelopment of a two storey side extension, associated car and cycle parking, private amenity space and public footpath. The presentation was a joint one covering application 18/1275/FUL (Min. No. 25 below).

 

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

 

• change from 55 plus residence is regrettable;
• an independent report would have been preferable given the County Council’s ownership of the site;
• Mill Lane is the old country lane from Alphington Village starting as a footway/cycleway only from Ide Lane to Mill House and then shared with vehicles to the junction with Mandrake Road. The footpath is used not only by children of the primary school and West Exe School but the residents of the housing estates in Alphington to get to Marsh Barton and St Thomas;
• the travel plan is not necessarily a solution to road safety and traffic issues as encouraging further cycle and walking use will also increase conflict with vehicles. The footpath starting at Ide Lane funnels pedestrians into Mill Lane and vehicular traffic and pedestrians cannot pass at the same time on the bridge over Alphinbrook near the junction with Mandrake Road. There is a vital need for a safe footway if planning permission is granted, for example, establish one through the local playing fields;
• additional traffic will be generated by the development which, allied to parents parking along Mill Lane to drop off and pick up children from the primary school as well as children walking to this school and West Exe, refutes the County Council claim that the situation is not dissimilar to that of other schools in the city;
• a road management scheme is required to restrict access to residents and visitors only at certain times of the day, that is, when pupils are entering and leaving the primary school; and
• the main issue is the safety of school children and because of the problem of speeding traffic a speed limit should be enforced which will also help

ensure safe access and egress to the development site.

 

He responded as follows to Members’ queries:-

 

• became aware of the change from a 55 plus residence when the second application was submitted; and
• traffic and parking enforcement had been suggested by the residents although recognise limited enforcement resources.

 

The Highways Development Management Officer advised that shared space helped minimise traffic speed in accordance with the Manual for Streets. Although school children did come to school close to the peak am traffic flow, they left outside the peak pm flow and therefore the two would not meet. The applicant had agreed to provide a pedestrian footpath adjacent to Mill Lane, on land within the applicant’s control. With regard to restricting access to residents and visitors only, this would be difficult to enforce unless cameras were installed and which, in any case, the County Council could not maintain. Mill Lane was the subject of a 20mph speed limit.

 

Juliet Meadowcroft spoke against both applications. She raised the following points:-

 

• speaking on behalf of the residents of Mill Lane and Mandrake Close, as well as the parents of school children. The Alphington Village Forum objects to the over-development of Alphin House which will create 22 new units with a total of 46 bedrooms and thus potentially 50 to 60 new residents, possibly owning at least 80 cars with only 22 parking spaces;
• for the reason of children’s safety alone, the Forum recommends that the application should be deferred until an independent transport report is obtained;
• nowhere in Mill Lane to park or anywhere else;
• potential conflict of interest with Devon County Council selling the property for profit and apparently oblivious of the dangers imposed by extra traffic on a narrow countryside lane;
• conditions requiring safe and suitable access to the site have not been met in the County Council’s Highways Report, which ignores the safety of numerous pedestrians and cyclists using Mill Lane twice daily and the impact of more congestion on Church Road and Alphington Road, especially at the junction near Sainsbury’s;
• the development does not meet the requirement within theHighways Chapter of the National Policy Planning Framework. The framework states that applications for development should give priority first to pedestrians and cyclists, but also address the needs of people with disabilities and reduced mobility in relation to all modes of transport. It also states that development should create places that are safe, secure and attractive minimising the scope for conflicts between pedestrians, cyclists and vehicles, avoid unnecessary street clutter and respond to local character and design standards;
• the development will spoil a pleasant rural lane enjoyed by numerous residents, turning it into a dangerous and busy highway, yet without a path that runs the whole length of the road;
• developer has not provided a pavement from Alphin House to the end of Mill Lane;
• fails to meet the objectives of the Manual for Streets;
• estimate of new traffic is not realistic as it should not base the estimated numbers on the former use as a care home as opposed to the likelihood of up to possibly 50 or so new residents trying to go to work in the morning peak hour by car or bicycle just at the time the children are going to school. The report states that the traffic will double which does not tally with a residents’ survey;
• concerns in particular about the safety of all children who walk and cycle;
• recommend that this development is limited to older people who will not be as likely to each own a car and want to drive to work at peak times. The 55 plus age limit should not have been removed; and
• lack of transparency over the whole development.

 

Mr Burgess spoke in support of both applications. He raised the following points:-

 

·         applicant is passionate about converting redundant buildings to promote high quality and radical accommodation which blends into the local environment;

·         use of distinctive materials including brick and tiled pitched roof;

·         the design is sensitive to the surrounding area and sense of community and green space will surround the development;

·         providing improved vehicular access and a new footpath to be provided along edge of Mill Lane; and

·         protection of trees.

 

Concerns relating to material planning considerations had been addressed through revisions to the scheme, conditions on the decision notice and a Section 106 Agreement. For all the reasons considered and weighing up the development plan policies and proposals, and other material considerations, it was considered that the proposal would be appropriate.

 

Members did not feel that the increase in traffic movement would be a severe enough impact on the highway network to warrant a refusal of the scheme.

 

The recommendation was for approval, subject to the conditions and signing of a Section 106 Agreement 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 pedestrian footpath, a Management Scheme, and Affordable Housing, planning permission for the change of use of former care home to provide 19 residential units, partial demolition and re-development of a two storey side extension, associated car and cycle parking, private amenity space and public footpath 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 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  25^th February 2019 (including dwg. nos. 17447 SD, DTS18.28.1.TPP, (0) 001, 002, 003, 004, 005, 01 F, 02E, 50E, 60B, 10C, 51B, 03 D, 10, 11, 20 ) as modified by other conditions of this consent.

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

 

3)         Prior to above ground works, samples of the materials it is intended to use externally in the construction of the development shall be submitted to and approved in writing by the Local Planning Authority. Wherever possible external doors and accessible windows should comply with the Secured by Design (SBD) standards as set out in Secured by Design Homes 2016. 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 and to reduce the fear of and opportunities for crime.

 

4)         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: To ensure the protection of the trees during the carrying out of the development.

 

5)         Pre-commencement condition: The demolition of the existing dwelling on site with a bat roost as identified in the Bat & Protected Species Survey, Bat Emergence Survey shall not in any circumstances commence unless the Local Planning Authority has been provided with either: A copy of the relevant wildlife licence issued by Natural England authorising the demolition of the building and destruction of the roost; or, A statement in writing from Natural England to the effect that it does not consider that demolition of the building will require a licence.

Reason for pre commencement condition: To ensure that no bat roost is damaged or destroyed without the appropriate licence being obtained in accordance with the Conservation of Habitat and Species Regulations 2010 as amended. These details are required pre commencement as specified to ensure that bats are not killed or otherwise harmed by building operations.

 

6)         Pre commencement condition: No works on the demolition of the existing dwelling on site shall commence until details of the replacement bat roost provisions have been submitted to and approved in writing by the Local Planning Authority. The details shall include the type of roost provisions and their location on the site. Demolition works shall not commence until the bat roost provision designed to compensate for the loss of the existing roost has been provided on site as approved. The bat roost provisions designed to provide an enhancement on site shall be provided as approved.

Reason for pre-commencement condition: In the interests of biodiversity and to accord with the recommendations of the Bat and Protected Species Survey, and Bat Emergence Survey. These details are required pre-commencement as specified to ensure that they provide satisfactory compensation for the loss of the existing roost and enhancement in accordance with the National Planning Policy Framework.

 

7)         No individual dwelling hereby approved shall be brought into its intended use until secure cycle parking facilities for residents have been provided in accordance with details that have been approved by the Local Planning Authority as part of this permission. Thereafter the said cycle parking facilities shall be retained for that purpose at all times.

Reason: To ensure that cycle parking is provided, in accordance with Exeter Local Plan Policy T3.

 

8)         Pre-commencement condition: Prior to commencement a detailed assessment of the condition of the existing surface water drainage system must be undertaken,  the results of which must be submitted to and approved in writing by the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority. Where the assessment shows that works are required to be undertaken to the existing surface water drainage network, a schedule of works must be submitted to the LPA with a timetable for implementation. On completion of the repair works, a verification report must be submitted and approved in writing by the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority, prior to occupation

Reason for pre-commencement condition: To ensure that the existing surface water drainage system is of a satisfactory condition to continue receiving surface water runoff generated from the proposed development.

 

9)         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.

 

10)       Pre-commencement condition: Details of gas protection measures should be submitted to and approved, in writing, by the Local Planning Authority. The building(s) shall not be occupied until the approved measures have been implemented and this has been confirmed with the Local Planning Authority.

Reason for pre-commencement condition: In the interest of the public safety and amenity.

 

11)       Pre-commencement condition: No development (including ground works) or vegetation clearance works shall take place until a Demolition Construction Environmental Method Statement has been submitted to and approved in writing by the Local Planning Authority. The Statement shall provide for and not be limited to:

 

a)         The site access point(s) of all vehicles to the site during the construction phase.

b)         The parking of vehicles of site operatives and visitors.

c)         The areas for loading and unloading plant and materials.

d)         Storage areas of plant and materials used in constructing the development.

e)         The erection and maintenance of securing hoarding, if appropriate.

f)          Wheel washing facilities.

g)         Measures to control the emission of dust/dirt during construction.

h)         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.

i)          No burning on site during construction or site preparation works.

j)          Measures to minimise noise nuisance to neighbours from plant and machinery.

k)         Construction working hours 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.

l)          Construction traffic and deliveries must avoid school drop off/pick up hours

m)        No driven piling without prior consent from the LPA.

 

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

Reason for pre-commencement condition: In the interest of the public amenity, highway safety, the environment of the site and surrounding areas.

 

12)       Pre-commencement condition: Prior to the commencement of the development hereby permitted, a Waste Audit Statement shall be submitted to and approved in writing by the Local Planning Authority. This statement shall include all information outlined in the waste audit template provided in Devon County Council’s Waste Management and Infrastructure Supplementary Planning Document. The development shall be carried out in accordance with the approved statement.

Reason for pre-commencement condition: To minimise the amount of waste produced and promote sustainable methods of waste management in accordance with Policy W4 of the Devon Waste Plan and the Waste Management and Infrastructure Supplementary Planning Document. These details are required pre-commencement as specified to ensure that waste generated during construction is managed sustainably

 

13)       Prior to occupation, the vehicular access, on site turning areas and vehicular parking spaces as indicated on Drawing Number 17447 Rev E, must be implemented for 19 cars to be parked and for vehicles to turn, so that they may enter and leave the site in forward gear, in accordance with details that have been submitted as part of this application, and thereafter retained and maintained for that purpose unless otherwise agreed in writing by the Local Planning Authority.

Reason: To provide adequate visibility to achieve a safe and suitable access, in accordance with paragraph 108 of the National Planning Policy Framework.

 

14)       Prior to occupation of the development, details of secure cycle parking provision and bin stores which show how the proposal responds to Secure by Design principles shall be submitted to and agreed in writing by the Local Planning Authority. The cycle parking and bin stores shall be implemented in accordance with the approved details and thereafter retained and maintained unless otherwise agreed in writing by the Local Planning Authority.

Reason: To provide adequate facilities for sustainable transport and to reduce the fear of and opportunities for crime.

 

15)       Pre-commencement condition: Prior to commencement details of the proposed footway adjacent to the site and visibility splays for the cycle access as indicated on the Drawing Number 17447 Rev E, have been submitted to and approved in writing by the Local Planning Authority.

Reason for pre-commencement condition: To provide a safe and suitable access in accordance with paragraphs 108 and 110 of the National Planning Policy Framework and policy CP9 of the ECC Core Strategy

 

16)       Prior to occupation a Framework Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include details of a 'travel pack' which will be produced for each dwelling, providing information of walking and cycling routes and facilities, and public transport routes and timetables, car sharing schemes, and the location of local and central shopping and leisure facilities. The approved travel plan measures must be implemented to the satisfaction of the Local Planning Authority. 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 paragraphs 111 and 105 of the NPPF

 

17)       Prior to occupation, above ground works, 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 for approval in writing. 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.  Furthermore, the scheme shall show how it accords with Secure by Design Principles, in particular with regard to boundary screen walls and fences. The landscaping shall thereafter be implemented in accordance with the approved scheme and programme.

Reason: To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of safety and amenity and reducing the fear of and opportunities for crime.

 

18)       Prior to occupation, details of external lighting on the site and on the building hereby permitted shall be submitted to and approved in writing by the Local Planning Authority (including location, type and specification). The details shall demonstrate how the lighting has been designed to minimise impacts on local amenity and wildlife (including isoline drawings of lighting levels and mitigation if necessary). The lighting shall be installed in accordance with the approved details.

Reason: To ensure lighting is well designed to reduce the fear of and opportunities for crime and protect the amenities of the area and wildlife.

 

Informatives

 

1.    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 Area (SPA), the Exe Estuary, which is a designated European site. This AA has been carried out and concludes that the development is such that it could have an impact primarily associated with recreational activity of future occupants of the development. This impact will be mitigated in line with the South East Devon European Site Mitigation Strategy prepared by Footprint Ecology on behalf of East Devon and Teignbridge District Councils and Exeter City Council (with particular reference to Table 26), which is being funded through a proportion of the Community Infrastructure Levy (CIL) collected in respect of the development being allocated to funding the mitigation strategy. Or, if the development is not liable to pay CIL, to pay the appropriate habitats mitigation contribution through another mechanism (this is likely to be either an undertaking in accordance with Section 111 of the Local Government Act 1972 or a Unilateral Undertaking).

 

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

 

3.    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.