Agenda item

To consider the report of the Service Lead City Development.

 

The Principal Project Manager (Development) (PJ) presented the application for the retention of the Sorry Head public house and demolition of the vehicular servicing centre and redevelopment with a four storey building comprising of a ground floor retail unit (Class A1), purpose built student accommodation development (71 bed-spaces) above, one wardens’s flat and associated private amenity space, secure cycle storage and landscaping.

 

The Principal Project Manager (Development) advised that the scheme considered at the previous meeting of this Committee had been amended by:-

 

·         removing the second floor cluster flat to the rear and replacing with a mansard roof setting the highest point 1.3 metres in from the boundary;

·         reducing the number of bed-spaces from 72 to 71;

·         changing the materials of one of the new units at the front from render to brick with dormer windows reduced in size and plinths added to the base of the walls and cappings added to the top; and

·         a commitment, following comments of the Fire and Rescue Service, to provide a dry riser in the main staircase.

 

Responding to Members’ queries he advised that:-

 

·         it would be for the applicant to discuss with a neighbour the issue of a boundary wall in respect of the part demolition of a building which was not a planning matter;

·         the student management plan could make reference to ensure that the light from a stairway would not become intrusive to neighbours; and

·         the applicant had undertaken to provide cycle parking within a secure courtyard and that some cycle parking spaces would also be provided outside the retail unit.

 

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 a financial contribution of £3,000 towards a Traffic Regulation Order, planning permission for the retention of the Sorry Head public house and demolition of the vehicular servicing centre and re-development with a four storey building comprising of a ground floor retail unit (Class A1), purpose built student accommodation development (71 bed-spaces) above, one warden’s flat and associated private amenity space, secure cycle storage and landscaping 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 91-92 of the Town and Country Planning Act 1990.

 

2.         The development hereby permitted shall not be carried out otherwise than in accordance with the submitted details received by on 17 January 2020 (dwg no. AS18.64 L.02.00 rev 05 & L.02.01 rev 05) and 26 February 2020 (dwg nos. AS18.64 L.01.02 rev 05; L.02.02 rev 06; L.02.03 rev 06; L.02.04 rev 06; L.04.00 rev 05; L.04.02 rev 05; L.04.01 rev 06; L.03.03 rev 02 & L.03.02 rev 02) the Local Planning Authority on 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: To ensure that the materials conform with the visual amenity requirements of the area.

 

4.         No development (including ground works and demolition) 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.

 

For the avoidance of doubt, this condition allows for the submission and approval of separate Construction Method Statements for the demolition and construction phases of the proposed development, and for development to proceed on each phase following the approval of the Construction Method Statement for that phase.   

Reason: In the interests of the occupants of nearby buildings.

 

5.         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 such as to provide reasonable confirmation that no unacceptable risks remain.

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

 

6.         Pre commencement condition - Prior to commencement of the development a noise assessment shall be undertaken and submitted for approval in writing by the LPA. This assessment shall consider the impact of noise from the development on local receptors and shall include noise from plant and equipment as well as future site users. If, following the above assessment, the LPA concludes that noise mitigation measures are required, the applicant shall then submit a scheme of works to ensure that the development does not have a significant negative impact on local amenity. These measures shall be agreed in writing by the LPA and shall be implemented prior to and throughout the occupation of the development.

Reason: Insufficient information has been submitted with the application and in the interests of residential amenity.

 

7.         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 both on-site work, and subsequent assessment, 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.

 

8.         Pre-commencement condition: Unless otherwise agreed in writing by the Local Planning Authority the building hereby approved shall achieve a BREEAM ‘Excellent’ standard as a minimum. Prior to commencement of the development, excluding demolition, any works required to facilitate demolition and ground re-profiling work, the developer shall submit to the Local Planning Authority a BREEAM design stage assessment report to be prepared by a licensed BREEAM assessor which shall set out the evidence to confirm that the minimum standard can be achieved. The building must be completed fully in accordance with any approval given. A BREEAM post-completion report of the building is to be carried out by a licensed BREEAM assessor within twelve months of substantial completion of the building and shall set out the BREEAM score achieved by the building and the equivalent BREEAM standard to which such score relates.

Reason for pre-commencement condition: To ensure that the proposal complies with Policy CP15 of Council's Adopted Core Strategy and in the interests of delivering sustainable development. The design stage assessment must be completed prior to commencement of development because the findings may influence the design for all stages of construction.

 

9.         Prior to the first occupation of the development hereby permitted a student management scheme shall be submitted to and approved in writing by the local planning authority. The scheme shall include securing student only occupation; employment of a warden/student liaison representative to manage student behaviour; on-site CCTV management, lighting and restriction of student parking within the area. The plan shall be implemented in accordance with the agreed details thereafter unless other agreed in writing by the local planning authority.

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

 

10.       Prior to occupation of the building hereby approved place until details of provision for nesting swifts has been submitted to and approved in writing by the Local Planning Authority in consultation with the RSPB. Upon written approval of the details, the scheme shall be fully implemented as part of the development and retained thereafter.

Reason: In the interests of preservation and enhancement of biodiversity in the locality.

 

11.       No part of the development hereby approved shall be brought into its intended use until the seven cycle spaces, as indicated on Drawing No. 19091 - 010 Rev C have been provided in accordance with details and specifications that shall previously have been submitted to, agreed and approved in writing by the Local Planning Authority.

Reason: To provide adequate facilities for sustainable transport

 

12.       Prior to commencement of the development, details shall be submitted to the Local Planning Authority of secure cycle parking provision for the student element of the development. Development shall not be commenced 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

 

13.       No part of the development hereby approved shall be brought into its intended use until details of the parallel space within the existing car park as indicated on Drawing No. 19091 - 010 Rev C have been approved in writing by the Local Planning Authority. No part of the development shall be occupied until the parallel space lining have been provided, surfaced and marked out in accordance with the approved plans retained for those purposes at all times.

            Reason:  To provide a safe and suitable access in accordance with Paragraph 108 of the NPPF

 

14.         Management Plan/Travel Plan measures including the provision of sustainable transport welcome packs and details of the arrangements of how student pick up/drop off will be managed, shall be provided in accordance with details agreed in writing by the Local Planning Authority and Local Highway Authority in advance of occupation of the development.

              Reason: To promote the use of sustainable transport modes and in the interest of highway safety, in accordance with paragraphs 111 of the NPPF.

 

15.       Notwithstanding condition no 2, no work shall commence on site under this permission until full details of the following have been submitted to and approved in writing by the Local Planning Authority and the following shall thereafter be provided in accordance with such details:

a) natural slate and timber windows within the public house front elevation;

d) onsite external lighting;

e) boundaries treatment within rear courtyard;

f) boundary treatment retail and student refuse area;

g) refuse storage facility on Spinning Path;

h) recording and retention of internal architectural features within the public house;

i) refuse management plan for the retail unit.

              Reason: Insufficient information has been submitted with the application and in the interests of visual amenity

 

16.       Prior to commencement of the development, details shall be submitted to the Local Planning Authority of programme of works including where necessary structural reports for the demolition and construction process in respect of the Sorry Head public house which shall be implemented and adhered to all times unless otherwise agreed in writing.

            Reason: To protect the structural element of the building identified for retention.

 

Informatives

 

1)         In accordance with paragraphs 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.

 

2)         The Local Planning Authority considers that this development will be CIL (Community Infrastructure Levy) liable. Payment will become due following commencement of development.  A Liability Notice is attached to this permission.

 

It is also drawn to your attention that 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.