Agenda item

To consider the report of the Service Lead City Development.

 

The Principal Project Manager (Development) (JD) presented the application for the demolition of existing garages and construction of one building to form five new apartments and associated landscaping. The proposed development would be car free and retains the two beech trees along the site frontage. The development would be five storeys high, with the lowest floor level being situated below the current ground level.

 

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

 

·         welcome long term residential provision on this brown field site;

·         design unsuitable as set between two 19^th century listed terraces;

·         the St James Forum, whilst welcoming some changes, are concerned that a five apartment block is over development with associated loss of amenity and hope that plans can be examined further;

·         the Bury Meadow Residents’ Association object as the massing does not respect the scale and character of the surrounding area and is monolithic in form, changing the nature of the street scene;

·         the height of the building will cause significant harm to neighbouring private residential gardens;

·         guidance within the SPD on communal open space has not been followed impacting on the privacy of 16, 17 and 18 New North Road;

·         no provision for disabled drivers;

·         floodwater problems on New North Road will be exacerbated; and

·         request deferral for submission of revised details.

 

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

 

·         objecting on behalf of the Bury Meadows Residents’ Association;

·         the proposal is surrounded by listed buildings and the aesthetics of this proposed building are poorly judged and will jar with the surrounding listed terraces and harm designated heritage assets;

·         the building will overlook the rear aspects of neighbouring gardens and the higher rear elevation, greater set back and large glass windows of the development will compound the impact on privacy;

·         excessive mass amplifies issues of aesthetics, privacy and light. The mass is out of line with the existing listed terraces; and

·         the listed terraces are three story buildings but the proposal is five storeys high. The existing listed terrace is just 9 metres deep and this proposal will stick out an additional 6.5 metres.

 

The Principal Project Manager (Development) confirmed that:-

 

·         the Council was not aware of any proposals for development to the rear of the site;

·         disabled parking was not considered necessary as any disabled resident could apply for a blue badge and there is a disabled parking bay along New North Road;

·         parking on the frontage would look unattractive in the Conservation Area; and

·         although there would be some loss of light for neighbouring properties it was not considered that this would be so great as to warrant refusal.

 

During discussion the following points were raised:-

 

·         good infill development and not unsympathetic to the surrounding area;

·         a modern development can be more suitable in a street scene of older design rather than seeking to emulate the existing properties;

·         efficient use of infill site;

·         cycle parking provision should be greater than seven;

·         although a car free development, visitors by car will seek to park in the area and, ultimately, the County Council could provide permits; and

·         mass is too great and oppose development on grounds of aesthetics, privacy, size and loss of light.

 

A motion to defer the application for a revised proposal to be put forward was moved and seconded, put to the vote and lost.

 

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 an amended condition 10) requiring the provision of at least 10 cycle parking spaces, planning permission for the demolition of existing garages and construction of one building to form five new apartments and associated landscaping 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 compIiance with Section 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, 8March, 18 September,19 September, 8 October, 10 October and 16 October 2019 (including dwg. nos. 17NR Cladding Colour, J-0260-SLP-01-C, J-0260-EL-01-D, J-0260-EL-02-C, J-0260-EL-03-D, J-0260-EL-04-C, J-0260-EL-05-D, J-0260-GA-01-D, J-0260-GA-02-D and J-0260-DET-01) and the Energy Assessment,  Bat and Protected Species Survey, and Arboricultural Impact Assessment and Tree Protection Statement and Plan as modified by other conditions of this consent.

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

 

3)         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: 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.

 

4)         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) Construction working hours and deliveries from 8:00 to 18:00 Monday to Friday, 8:00to 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.

Reason: In the interests of residential amenity.

 

5).        Pre-commencement condition: 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.

Reason: In the interests of the amenity of the occupants of the buildings hereby approved.

 

6)         Pre-commencement condition: Before commencement of construction of the development hereby permitted, the applicant shall submit a SAP calculation which demonstrates that a19% reduction in CO2 emissions over that necessary to meet the requirements of the 2013Building 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: In the interests of sustainable development and to ensure that the development accords with Core Strategy Policy CP15.

 

7)         Pre-commencement condition: Prior to the commencement of the development full construction details of any retaining walls shall have been submitted to and approved in writing by the Local Planning Authority.  The development/works shall be implemented in accordance with the approved details.

Reason: To protect and preserve the setting of the listed buildings and in the interests of residential amenity.

 

8)         Pre-commencement condition: The development shall not be carried out otherwise than in accordance with a surface water drainage scheme, which shall include details of the means of attenuation and disposal of surface water from the site, including through the use of sustainable drainage systems. Foul drainage from the development (and no other drainage) shall be connected to the public foul or combined sewer. Details of the scheme, a timetable for its implementation and details of its future management, shall be submitted to and approved in writing by the LPA prior to the commencement of development.  The scheme shall be implemented in accordance with the approved details and timetable for implementation.

            Reason: To ensure that surface water runoff from the development is managed in accordance with the principles of sustainable drainage systems and to ensure the discharge of drainage from the development shall not be prejudicial to the public sewerage system.

 

9)         Samples of the materials it is intended to use in the construction of the development (including in the structure of the exoskeleton, its exterior cladding and all other external materials) shall be submitted to the Local Planning Authority. No materials 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)       No part of the development hereby approved shall be brought into its intended use until at least 10 secure sheltered cycle spaces 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 adequate facilities for sustainable transport.

 

11)       No part of the development hereby approved shall be occupied until the redundant access on New North Road is reinstated to a full height kerb 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.

 

12)       Prior to the first occupation of the development hereby permitted, a Management Scheme, to cover management and maintenance of communal areas, including communal landscaped gardens, car and cycle parking and bin storage, shall be submitted to and approved in writing by the Local Planning Authority. The content of the Management Scheme shall include:

a)  details of areas to be managed

b) aims and objections of the Scheme

c) management actions

d) delivery mechanism

e) the body responsible for implementation of Scheme

The Management Plan shall also include details of the legal and funding mechanism to ensure long-term implementation. All post-construction site management shall be undertaken in accordance with the Scheme.

Reason: In the interests of the amenity of residents and the character and appearance of the area.

 

13)       A detailed scheme for landscaping that accords with the Landscape Strategy submitted on 11 October 2019 shall be submitted to the Local Planning Authority and no dwelling or building shall be occupied until the Local Planning Authority have the detailed scheme. The detailed scheme shall cover the planting of trees and or shrubs (including species, tree and plant sizes, numbers and planting densities), details of the living wall system, the use of surface materials, boundary screen walls and fences and any and earthworks or retaining walls 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.

 

14)       Any trees, shrubs and/or hedges on or around the site shall not be felled, lopped or removed without the prior written consent of 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.

 

15)       Before the development hereby approved is brought into use the proposed windows in the east and west elevations of the property shall be permanently fixed and glazed with obscure glass to a minimum level of obscurity to conform to Pilkington Glass level 3 or equivalent, and thereafter so maintained. Furthermore, no new windows or other openings shall be inserted in the east or west elevations.

Reason: To protect the amenities of the adjoining property.

 

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

 

2)         The Local Planning Authority considers that this development will be CIL (CommunityInfrastructure Levy) liable. Payment will become due following commencement of development. Where a chargeable development is commenced before the Local Authority has received a valid commencement notice (i.e. 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)         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

 

4)         The applicant’s attention is drawn to the requirements of South West Water set out in their emailed communication dated 23 May 2019.