Agenda item

Planning Application No. 19/0543/OUT - Land north of Newcourt Road, Topsham

To consider the report of the Service Lead City Development.

 

Minutes:

The Service Lead City Development presented the outline application for the construction of up to 23 residential dwellings (including market, affordable and age-restricted dwellings), provision of access off Newcourt Road, open space and associated works (outline application with details of access only for approval with scale, layout, appearance and landscaping all reserved for future consideration)

 

The Service Lead City Development advised that condition 4 relating to the carriageway width of Newcourt Road would be removed from the schedule of conditions and also reported a letter on the relocation of dormice, advising that the applicant was aware of the need to obtain a licence from Natural England.

 

Andy Graham-Cumming spoke against the application. He raised the following points:-

 

  • site located within the Topsham Gap, an area protected under Policy LS1/CP16 to maintain the setting of the Town and to avoid coalescence with Exeter. The Topsham Society has previously strenuously objected to applications that impinge on the Gap;
  • applicant acknowledges the application site is outside a designated urban boundary and within an area protected by landscape setting policy;
  • the Society understands the policy position under the National Planning Policy Framework and the Clyst Road Inspector’s interpretation and does not understand why the City Council does not put in place effective planning policy to defend landscape fringe locations;
  • a key consideration at the Clyst Road PIanning Appeal was the issue of CP16 and “valued landscape”. The Society believe the application site is a valued landscape and that the setting of the site, a field behind a well-established hedgerow, creates a highly valued rural setting to this edge of the town location;
  • Newcourt Road does not have a footpath and is used extensively as a pedestrian and cycle route. It is of restricted width, with a very constricted section abutting its access to Denver Road which, at its junction with Newcourt Road, needs improvement;
  • Newcourt Road currently serves approximately 60 dwellings. The addition of 30 additional units constitutes a 50% increase in dwellings. The road and/or the accepted unsafe junction, does not have capacity to accommodate this collective increase. This application would have an unacceptable impact on traffic, pedestrian and cycle safety;
  • the site has no immediate access to foul or surface water mains drainage and has unacceptably poor ground percolation;
  • it represents unplanned and uncoordinated piecemeal development of the land around Newcourt Road. Each small development proposal in this area will introduce a small increment in traffic and a small increase in the need for surface water drainage and sewerage; and
  • since 2013, the Greater Topsham area has been subject to planning approvals for over 5,000 dwellings/11,000 people placing the Town’s services under severe strain.

 

Nick Yeo spoke in support of the application. He raised the following points:-

 

·         Blue Cedar Homes is based locally at Exeter Science Park focusing on providing high quality retirement housing with a flexible layout with communal areas maintained by a management company;

·         the need to provide housing for older people is recognised. Whilst a need to deliver retirement housing in Topsham was acknowledged by the Inspectorate when considering the Exeter Road application, the retirement housing proposed was not ultimately delivered;

·         this application proposes a balanced community with a mix of retirement homes, general market homes and affordable properties;

·         the application is submitted in outline, with means of access to be determined;

·         the proposal will provide a number of community benefits including the delivery of much needed housing including 35% affordable housing to help meet local identified need, amenity space, landscaping and ecological enhancements;

·         Newcourt Road is a no-through road with low traffic flows. The level of traffic likely to generated from the site would be modest, with an additional eight and six vehicular trips anticipated during the am and pm peak periods respectively;

·         a simple access junction is proposed approximately mid-way along the site frontage and a new footway would be provided, set behind the retained hedgerow to the north and would link with the footway proposed on the adjoining land to the south;

·         where sections of hedgerow are lost to create the necessary visibility splays, new species rich hedgerows will be planted, set inside the visibility splay; and

·         no adverse impacts have been identified which would outweigh the clear benefits of the proposals.

 

He responded as follows to Members’ queries.

 

  • road widening and a visibility splay will form the junction from Newcourt Road and the access into the site and effectively remove the blind spot on the road;
  • a new hedgerow will be set back into the site so that the visual aspect will be retained in the medium term; and
  • the cycle and pedestrian footway will be behind the hedgerow rather than diverting onto Newcourt Road.

 

Members referred to the importance of removing the blind spot and to ensuring public safety of pedestrians and cyclists and reiterated longstanding concerns regarding the erosion of the Topsham Gap. It was recognised, however, that at the Clyst Road appeal, the Inspector had referred to the policy as being based on outdated information, superseded by national policy and thereby concluded that conflict with this policy should be afforded limited weight. The developing Greater Exeter Strategic Plan was also of relevance.

 

The Service Lead City Development responding to Members, advised that it was difficult to identify evidence of a cumulative impact when piecemeal proposals of this nature were being brought forward. He also stated that the footpath/cycle way set back behind the hedgerow to be provided was a preferable connection between this and the adjoining development rather than a direct link which could raise issues around security. Details of the hedgerow would be examined at reserved matters stage. The Highways Development Management Officer advised that enforcement of speeding was a Police matter and that details for lighting the adopted highway leading to the development could be brought forward at reserved matters stage.

 

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

 

The recommendation was moved and seconded.

 

RESOLVED that, subject to the completion of a Section 106 Agreement/Unilateral Undertaking under the Town and Country Planning Act 1990, to secure the affordable housing provision (35% of the total number of dwellings to be provided) outline application for the construction of up to 23 residential dwellings (including market, affordable and age-restricted dwellings), provision of access off Newcourt Road, open space and associated works (outline application with details of access only for approval with scale, layout, appearance and landscaping all reserved for future consideration) be APPROVED, subject also 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 this permission 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 rule 2 of the Town and Country Planning Act 1990 as amended.

 

2)         Pre-commencement condition: Details of the appearance, landscaping, layout, and scale, (hereinafter called the reserved matters) shall be submitted to and be approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

Reason for pre-commencement condition: To safeguard the rights of the local planning authority in respect of the reserved matters. This information is required before development commences to ensure that the development is properly planned with appropriate regard to the reserved matters.

 

3)         In respect of those matters not reserved for later approval no part of the development hereby approved shall be brought into its intended use until the site access, including 2.0m footway fronting Newcourt Road, visibility splays and the vehicular access point, has been provided in accordance with the details as indicated on the following approved plans: drawing no. 183916_G_01 Rev E.

Reason: To ensure that the means of access to serve the development (which is not a reserved matter) are acceptable from a highway safety perspective and thereby 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.

 

4)         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.

 

5)         Pre-commencement condition: 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 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 and dirt during construction.

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

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

j)          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 interests of the occupants of nearby buildings. 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.

 

6)         Pre-commencement condition: Prior to commencement of the development the applicant shall submit for approval in writing by the LPA an Acoustic Design Statement. Any mitigation measures required shall be implemented in full prior to occupation of the development, and maintained thereafter. The Professional Practice Guidance Note (ProPG): Planning and Noise for New Residential Development May 2017 (ANC, IoA and CIEH) describes the expected content and approach of an Acoustic Design Statement.

Reason for pre commencement condition: In the interests of residential amenity

 

7)         Pre-commencement condition: Before commencement of construction of the development hereby permitted, the applicant shall submit a SAP calculation which demonstrates that a 19% reduction in CO2 emissions over that necessary to meet the requirements of the 2013 Building Regulations can be achieved. The measures necessary to achieve this CO2 saving shall thereafter be implemented on site and within 3 months of practical completion of any dwelling the developer will submit a report to the LPA from a suitably qualified consultant to demonstrate compliance with this condition.

Reason for pre commencement condition: In the interests of sustainable development and to ensure that the development accords with Core Strategy Policy CP15.

 

8)         Pre-commencement condition: 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 for pre-commencement condition - To ensure the protection of the trees during the carrying out of the development. This information is required before development commences to protect trees during all stages of the construction process.

 

9)         Pre-commencement condition:  Prior to the commencement of development a Biodiversity Mitigation and Enhancement Plan (BMEP) which demonstrates how the proposed development will be managed in perpetuity to enhance wildlife, together with a programme of implementation, shall be submitted to and approved in writing by the Local Planning Authority. The BMEP shall incorporate the mitigation and enhancement measures set out in the following submitted documents prepared by J.L Ecology Ltd - Ecological Impact Assessment, Dormouse Survey, and Phase 2 Bat Surveys). The development shall be implemented and maintained in accordance with the approved Plan and programme of implementation.

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

 

10)       Pre-commencement condition: No part of the development hereby permitted shall be commenced until the detailed design of the proposed surface water drainage management system which will serve the development site for the full period of its construction 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. This temporary surface water drainage management system must satisfactorily address both the rates and volumes, and quality, of the surface water runoff from the construction site.

Reason for pre-commencement condition: A plan needs to be demonstrated prior to the commencement of any works to ensure that surface water can be managed suitably without increasing flood risk downstream, negatively affecting water quality downstream or negatively impacting on surrounding areas and infrastructure.

 

11)       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 application for the detailed drainage should be submitted and agreed at the same time that the reserved matters for layout are submitted and agreed. 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 Flood Risk Assessment (Rev. B; dated 3rd July 2019). No part of the development shall be occupied until the surface water management scheme serving that part of the development has been provided in accordance with the approved details and the drainage infrastructure shall be retained and maintained for the lifetime of the development.

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

 

12)       At the reserved matters stage, 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 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.

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.

 

13)       If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for an amended investigation and risk assessment and, where necessary, a remediation strategy and verification plan detailing how this unsuspected contamination shall be dealt with.

Following completion of measures identified in the approved remediation strategy and verification plan and prior to occupation of any part of the permitted development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority.

Reason: No site investigation can completely characterise a site. This condition is required to ensure that any unexpected contamination that is uncovered during remediation or other site works is dealt with appropriately.

 

14)       No site machinery or plant shall be operated, no process shall be carried out and no demolition or construction related deliveries received or dispatched from the site except between the hours of 8am to 6pm Monday to Friday, 8am to 1pm Saturday and at no time on Sundays, Bank or Public Holidays.

Reason: To protect the amenity of the locality, especially for people living and/or working nearby.

 

15)       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.

 

16)       No part of the development shall be occupied until a travel plan (including recommendations/arrangements for monitoring and review) has been submitted to and approved in writing by the Local Planning Authority. Thereafter the recommendations of the travel plan shall be implemented, monitored and reviewed in accordance with the approved document, or any amended document subsequently approved in writing by the Local Planning Authority

Reason:  To ensure that the development promotes all travel modes to reduce reliance on the private car, in accordance with paragraph 111 of the NPPF.

 

 

Supporting documents: