Agenda item

To consider the report of the Service Lead City Development.

 

The Principal Project Manager (Development) (MD) presented the application for the construction of 60 dwellings (Use Class C3), means of access, public open space and associated infrastructure.

 

The Principal Project Manager (Development) highlighted the changes to the previous scheme with the removal of a through route to create two cul-de-sacs and an additional access, thereby reducing the number of properties accessing onto Ringswell Avenue.

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Alex Graves spoke in support of the application. He raised the following points:-

 

·         LiveWest, a Registered Provider of affordable homes, had a strong commitment to Exeter and provided a range of homes and re-invested profits to ensure they can continue building affordable homes. The brownfield site would deliver 60 homes, all of which would be affordable;

·         this site benefited from permission for 48 dwellings, all of which were to be accessed from Ringswell Avenue. This access was of local concern at the time of the previous application and a second point of access had been provided to reduce the dependency on Ringswell Avenue together with a central pedestrian/cycle zone. As a result there were no neighbour objections;

·         a range of one to four bed homes were proposed, including a wheelchair accessible home. The design incorporated high quality materials with key design features. LiveWest had been mindful to consider neighbours, the Council’s Design Guide and National Space standards. Landscaping and ecology had been incorporated with three high quality areas of public open space provided. Generous parking is provided, and visitor spaces will ease congestion. The site will provide increased permeability for cycling and walking in the area, creating links to Honiton Road. The Highway Authority has no objection to the proposal; and

·         a high-quality proposal will deliver significant benefits including making best use of brownfield land; providing affordable homes and public open space for the wider community and facilitating pedestrian/cycle links to Ribston Avenue and Warwick Road.

 

He responded as follows to Members’ queries:-

 

·         there had been a reduction in the number of four bed houses from the original scheme which meant that more units can now be provided;

·         engineering assessments had shown that the turning heads were sufficient to enable vehicles to reverse out of the cul-de-sacs and that generous off street parking places was proposed together with bays on the carriageways;

·         the number of properties accessing onto Ringswell Avenue had been reduced from 48 to 29;

·         street lighting would be provided within the development and discussions were being held with the County Council in respect of a financial contribution towards the provision of lighting along the proposed footway leading to Warwick Road; and

·         the two electric car charging points would not be located within the seven visitor spaces

 

During discussion the following points were raised:-

 

·         importance of providing additional external lighting;

·         concern that the visitor parking spaces could be used by residents themselves;

·         additional number of smaller properties welcomed; and

·         concern regarding the use of Lower Hill Barton Road by construction vehicles.

 

In respect of the latter point, Members were advised of a condition requiring a Construction Environmental Management Plan and that ward Members would be consulted on the detail of the plan.

 

The recommendation was for approval, subject to the conditions as set out in the report and an additional external lighting condition.

 

The recommendation was moved and seconded.

 

RESOLVED that, subject to the completion of a Section 106 Agreement Under the Town and Country Planning Act 1990, securing the following:-

 

·         affordable housing provision;

·         open space - provision/maintenance;

·         contribution to footpath connection to Warwick Road (£20,624);

·         a Traffic Regulation Order contribution relating to an extension of existing 20mph zone into development site;

·         Education contribution (£56,266) and

·         Travel Plan contribution (£500/dwelling).

 

planning permission for the construction of 60 dwellings (Use Class C3), means of access, public open space and associated infrastructure 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 9^th October, 9^th December and 17^th December 2019 (including dwg. nos. P1823:01, P1823:02 Rev A, P1823:05, P1823:06, P1823:07, 0588-SBL-AM Version 1.0, P1823:09 Rev A, P1823:10 Rev A, P1823:11 Rev A, P1823:12, P1823:prelim, P1823:20, P1823:21, P1823:22, P1823:23, P1823:24, P1823:25, P1823:26, P1823:27, P1823:28, P1823:29, P1823:30; P1823:31, P1823:32, P1823:33, P1823:34 Rev A, P1823:35, P1823:36, P1823:37, P1823:38, P1823:39, P1823:40, P1823:41, P1823:42 Rev A, P1823:43, P1823:44, P1823:45, P1823:46, P1823:47, P1823:48, P1823:49, P1823:50, P1823:51, P1823:52, P1823:53, P1823:54, P1823:55, P1823:56, P1823:57, P1823:58, P1823:59, P1823:60, P1823:61, P1823:62 Rev A, P1823:63, P1823:64, P1823:65, P1823:66, P1823:67, P1823:68, P1823:69, P1823:70, P1823:71,  P1823:72, P1823:73, P1823:74, P1823:75, 643/01, 643/02, 643/03, C-07226-C003 Rev E, C-07226-C002 Rev E and C-07226-C005 Rev D) as modified by other conditions of this consent.

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

 

3)         No development above slab level shall take place until a schedule of materials to be used in the construction of the external doors & walls, roofs and windows has been submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken in accordance with the approved details.

Reason - In the interests of the visual amenities of the area.

 

4)         The development hereby approved shall be carried out in strict accordance with the findings and mitigation measures identified in the Ecological Appraisal by Green Ecology dated September 2019 document ref 0588-EcIA-DM except as modified by drawing no. 0588-SBL-AM Version 1.0 and agent email dated 17^th December 2019 in respect of the location, number and type of swift bricks to be incorporated within the development. Any licences required from Natural England in respect of the mitigation measures set out in the Ecological Appraisal shall be obtained prior to the commencement of the development.

Reason - To ensure that the development is implemented in a manner that minimises the direct ecological impact of the construction of the development and incorporates features that contribute to ecological enhancement of the site post development.

 

5)         The landscaping scheme comprised in red bay design landscape consultants drawing nos. 643/01, 643/02 and 643/03 shall be fully implemented in accordance with a timetable that shall be submitted to and approved in writing by the Local Planning Authority within 1 month of the commencement of the development.

Reason - To ensure that the landscaping of the development is carried out in an appropriate manner in the interests of the character and appearance of area and the ecological enhancement of the site.

 

6)         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.

 

7)         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 the recommendations contained in the Arboricultural Impact Assessment Report by Aspect Tree Consultancy document ref 04921 AIA 20.08.2019 and Aspect Tree Consultancy drawing no 04921 TPP Rev B 2019.  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.

 

8)         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 buildings 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 for pre-commencement condition: In the interests of the amenity of the occupants of the buildings hereby approved. This information is required before development commences to ensure that any remedial works are properly considered and addressed at the appropriate stage.

 

9)         Pre-commencement condition: A Construction Environmental Management Plan 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, 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. Explicitly there shall be no use of Ringswell Avenue by any vehicular traffic associated with the construction of the development, including that related to construction workers employed on the site.

Reason for pre-commencement condition: In the interest of the environment of the site and surrounding areas and to minimise impact of the development on highway safety in Ringswell Avenue. 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.

 

10)       No development above slab level shall take place until the applicant has submitted 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 - In the interests of sustainable development and to ensure that the development accords with Core Strategy Policy CP15.

 

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 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 Proposed Residential Flood Risk Assessment Report (Report Ref. RIN-HYD-PH1-XX-RP-D-5001,Rev. P3, dated 24th September 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 life time of the development.

Reason for being a 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.

 

12)       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 being a 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.

 

13)       No part of the development hereby permitted shall be commenced until the full details of the adoption and maintenance arrangements for the proposed permanent surface water drainage management system have been submitted to, and approved in writing by, the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority.

Reason for being a pre-commencement condition: To ensure that the development's permanent surface water drainage management systems will remain fully operational throughout the lifetime of the development. These details need to be submitted prior to commencement of any works to ensure that suitable plans are in place for the maintenance of the permanent surface water drainage management plan, for the reason above.

 

14)       No part of the development hereby approved shall be brought into its intended use until details of the extension of the shared use path on Ringswell Avenue fronting the development site have been approved in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details prior to the occupation of any individual dwelling.

Reason: To ensure that a safe and suitable access to the site is provided for all users, in accordance with Paragraphs 108/110 of the NPPF.

 

15)       Prior to continuation of construction work above DPC level of any dwelling comprised in the development hereby approved a scheme of provision of electric car charging points within the development shall be submitted to and be approved in writing by the Local Planning Authority. Thereafter the development shall be completed in accordance with the approved details.

Reason - To promote and facilitate the use of sustainable modes of transport and thereby minimise potential air pollution associated with the use of private motor vehicles by future occupants of the development.

 

16)       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.

 

In the event that the Section 106 agreement is not completed within six months of the date of this committee meeting, authority be delegated to the Service Lead City Development to REFUSE permission for the reason that inadequate provision has been made for the matters which were intended to be dealt with in the Section 106 agreement.