Agenda item

To consider the report of the Service Lead City Development.

 

The Assistant Service Lead City Development presented the application for the re-development of former Poltimore Arms site for ground floor commercial premises (A1 use) with three residential apartments on first floor over with onsite parking and amenity.

 

The development included solar panels on the roof and three parking spaces only to help reduce reliance on cars. The site also benefited from an existing nearby car park for community parking.

 

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

 

·         welcome new retail provision but concerned about additional traffic generation in an area suffering significantly from congestion and pollution around the double roundabout. Both residents of the flats and the public including children visiting the shops and the Spar supermarket will be affected by the increased pollution; and

·         the receipt of only three letters of objections presumably reflects the concerns expressed over the other, larger residential developments in the area.

 

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

 

·         the Pinhoe/Monkerton area has witnessed huge housing developments in recent months in both the City Council and East Devon administrative areas with associated infrastructure and general transport issues;

·         Poltimore Arms site was cleared by the community but there are concerns that the retail element will generate additional traffic and parking problems. Accept that three parking spaces for three flats is adequate but problem parking already exists in the area such as parking on double yellow lines in Langaton Lane including the larger white vans which will increase with this development; and

·         suggest that “pull in” areas be provided along Langaton Lane to reduce illegal parking.

 

Kate Jago spoke against the application. She raised the following points:-

 

·         Chair of the Pinhoe Village Community Action Group constituted in August which is seeking to make a formal application for a Neighbourhood Plan;

·         scale of development in Pinhoe has prompted widespread concern across the  area, specifically in Monkerton, with residents fearing disempowerment and the destruction of the Pinhoe Village;

·         accessibility and traffic concerns; 

·         concerns regarding the environmental impact and seek improved landscaping for example on footpaths by providing shrubs and planters to prevent illegal parking;

·         need for a local medical practice and improved infrastructure;

·         seek a wider strategic vision for the area and integrated thinking with a new approach to development; and

·         cannot support application and call for further stakeholder consultation.

 

The Highways Development Management Officer responded that the level of parking provision was acceptable given the nearby car park and the sustainability goals of encouraging people to reduce reliance on cars. The proximity of other shops in the area would also encourage linked trips. He and the Assistant Service Lead City Development confirmed that Langaton Lane was too narrow to facilitate “pull in” areas.

 

Members welcomed the proposal as an improvement to this brown field site which was previously an eyesore. A Member referred to the general pressures on the highway network in this area as a result of the housing developments and another stated that the introduction of charging in the nearby car park was part of the “stick” approach to encourage greater walking and cycling and reduce car journeys in line with the Council’s goal of reducing carbon emissions.

 

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

 

The recommendation was moved and seconded.

 

RESOLVED that the application for the re-development of former Poltimore Arms site for ground floor commercial premises (A1 use) with three residential apartments on first floor over with onsite parking and amenity be APPROVED, subject to the following conditions:-

 

 1)        The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

Reason:  To ensure compliance with sections 91 and 92 of the Town and Country Planning Act 1990.

 

 2)        The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received by the Local Planning Authority on  22 March 2019 (including dwg. nos. 1803-100 Rev B; 1803-101 Rev B; 1803-102 Rev B received on 04 June 2019) as modified by other conditions of this consent.

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

 

 3)        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: In compliance with Policy DG1 (i), to ensure that the materials conform with the visual amenity requirements of the area.

 

4)         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 dwelling or building shall be occupied 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: To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

 

 5)        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)          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.

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

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

 

 6)        No development shall take place on site until a full investigation of the site has taken place to determine the extent of, and risk posed by, any contamination of the land and the results, together with any remedial works necessary, have been agreed in writing by the Local Planning Authority. The building(s) shall not be occupied until the approved remedial works have been implemented and a remediation statement submitted to the Local Planning Authority detailing what contamination has been found and how it has been dealt with together with confirmation that no unacceptable risks remain.

 

 7)        Prior to commencement of the development, the applicant shall submit a noise assessment for approval in writing by the LPA. The assessment should include (but not be limited to) the impact of existing ambient noise on the residential development, the impact of noise from the proposed commercial premises on existing and proposed residential development,  the impact of plant and equipment, noise from deliveries and collections, and both air borne & structure borne noise and vibration.

If, following the above assessment, the LPA concludes that noise mitigation measures are required, the applicant shall then submit a scheme of mitigation. This shall be based on the results of the above assessment and shall be submitted to and approved by the Local Planning Authority before development commences. All works that form part of the scheme shall be completed before any of the permitted development is occupied.

 

 8)        No part of the development hereby approved shall be brought into its intended use until   vehicular spaces, double yellow lines are extended, footway adjacent to the site is provided and the redundant accesses on Langaton Lane are reinstated to a full height kerb as indicated by Drawing Number 1803-100 REV B 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 a safe and suitable access, in accordance with Paragraph 108 of the National Planning Policy Framework

 

 9)        No part of the development hereby approved shall be brought into its intended use until details are submitted to the Local Planning Authority of secure covered cycle parking provision for the development. No part of the development hereby approved shall be brought into its intended use until such details have been agreed in writing by the Local Planning Authority, and prior to occupation the cycle parking shall be provided in accordance with the submitted details. 

Reason: To provide adequate facilities for sustainable transport.

 

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 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 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 fund 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 s111 of the Local Government Act 1972 or a Unilateral Undertaking).

 

 2)        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.

 

 3)        The Local Planning Authority considers that this development will be CIL (Community Infrastructure Levy) liable. Payment will become due following commencement of development. 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.

 

 4)        The applicant is advised that any dropped kerb will need to be built in accordance with the highway authority's specification and that that they must apply and receive permission before undertaking any such works on the highway. In order to make these spaces easily accessible, the applicant has chosen to "fill in" the missing double yellow lines (DYL's) on Langaton Lane and as such a Traffic Regulation Order is needed to extend the double DYL's and therefore a contribution of £3,000 is required.