Agenda item

To consider the report of the Service Lead City Development.

 

The Principal Project Manager (Development) (PJ) presented the application for residential development for 40 dwellings with associated access, landscaping, open space and infrastructure.

 

The Principal Project Manager (Development) advised that the application had been deferred at the February meeting of this Committee for the applicant to consider changes sought by Members. He reported the following:-

 

·        an increase in affordable housing provision from 6 to 10 out of 40 units, that is, from 15% to 25%, including six socially rented units;

·        parking spaces reduced by four to 82 spaces in respect of two of the larger units and the number of visitor spaces increased to allow for greater flexibility;

·        Verto Homes did not wish to pursue a car free development; and

·        additional electric vehicle charging points were not considered necessary as, where there were two or more cars at a particular property, a requirement for two charging points was unlikely.

 

The Principal Project Manager (Development) also reported three additional letters of objection reiterating previously reported concerns. He further reported proposed amended conditions relating to landscaping on the southern boundary (condition 6) as requested by a neighbour and more specific use defined for the north east emergency access (condition 17). In respect of the latter, concern had been expressed about its suitability, but the Highway Authority had not objected, subject to its minimal use. Verto Homes, who had the right of access, were consulting land owners on this matter.

 

The Principal Project Manager (Development) responded to Members’ queries:-

 

·        the sole access to the site was in the south west corner and the removal of the suggested access for emergency vehicles in the northeast corner of the site could be achieved; and

·        the Pinhoe Area Access Strategy was a Devon County Council Highways document.

 

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

 

·        would welcome a zero carbon development if it was not in Pinhoe;

·        Pinhoe suffers from increasing traffic congestion and decreasing air quality, both will be exacerbated by developments currently being built including Pinhoe Quarry which has planning permission for 340 houses. Vehicle access for The Quarry is off Harrington Lane. All traffic for Verto Homes will also need to go along Harrington Lane, to reach the vehicle access off Bourne Rise. The need to encourage sustainable travel options is vital in this location;

·        the resubmitted plans have reduced the overall number of parking spaces by 4, which still leaves 29 of the 40 houses with two parking spaces. Pinhoe has co cars available, which reduces the need for households to own a second car. Suggest that 20 of the 40 houses need to be limited to one parking space, to reduce the negative impact of the development on Pinhoe’s environment; and

·        the Coronavirus Lockdown has emphasised the need for  additional affordable housing and, as such, the affordable housing provision should be increased to 30%.

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

 

·        would support development if in an appropriate location but cannot support a further development in Pinhoe in this location;

·        this area of Pinhoe has a limited road infrastructure and a further development on the same side of Harrington Lane as the Church Hill and Pinhoe Quarry developments will lead to increased traffic problems and congestion;

·        the traffic problems from the 340 new houses at the Quarry could have been alleviated by the provision of an Exhibition Way Link Road but this is not going ahead and additional traffic will have to be absorbed by the existing, overworked traffic network;

·        individual developments across Pinhoe have been assessed as not having an impact on traffic but, taken together, the impact will be aggregated and the effect severe. Traffic now exceeds capacity;

·        the location and design of the site is poor;

·        developments are to be mitigated by contributions to a Pinhoe Area Access Strategy but the status and consultation process on this strategy is unclear and further information is necessary to understand how mitigation measures can reduce the impact on Harrington Road; and

·        uncertainty over the need for an emergency access requires clarification.

 

Mrs Radford spoke against the application. She raised the following points:-

 

·        further information and objections have come forward since the Planning Committee meeting on 10February 2020;

·        the loss of the Exhibition Way Link Road has increased pressure on the road network and the volume of traffic on Harrington Lane which will be compounded by some 380 dwellings at the Pinhoe Quarry site;

• Pinhoe suffers from severe traffic congestion and the Primary school has parking and traffic issues which the new development will compound;
• access is convoluted and will be exacerbated by a one way passing point so emergency access is needed to the north east of the site along a third party private driveway to Church Hill. However, there is no guarantee that this access will be maintained as it is beyond the control of the developer;
• traffic on Harrington Lane will be compounded by the Pulling Road and Quarry developments and is not addressed by the County Council’s proposed Pinhoe Area Access Strategy;
• reduced air quality even though the public are encouraged to use sustainable transport;
• developer must adhere to the correct number of affordable houses;
• further investigation required on drainage arrangements from the Quarry site; and
• the green belt around Exeter and the ecosystem must be protected.

 

Mr Summerfield spoke in support of the application. He raised the following points:-

 

• Verto is adapting to a very different set of circumstances and wishes to continue to make a significant contribution to the economy;
• affordable housing increased to 25% as a reduced profit margin has been accepted. The Council’s consultant has agreed that there is a clear case for reduced levels of provision. Any premium achieved for these homes will effectively be eroded by the additional building costs which are significant and which are recognised by the consultants;
• the development reflects Verto’s desire to deliver zero carbon homes in Exeter;
• the inclusion of additional EV charging points has been explored and the number of parking spaces reduced;
• confirm that the rights of access for adjoining landowners will not be impeded. The applicant was not able to reach an agreement with the landowner for the Bourne Rise access;
• the applicant has made a number of significant concessions and the proposal now strikes a much better balance;
• much needed market and affordable homes will be provided; and
• the development reflects the City Council goal of becoming carbon neutral by 2030.

 

He responded as follows to Members’ queries:-

 

• contributions by the developer include £700,000 towards abnormal ground works, £215,000 towards infrastructure and access, £408,000 for cut and fill, £158,000 towards other abnormal costs, £208,000 towards education provision and costs for split level housing and engineering; and
• discount market sale housing and general mix reflects advise received from the Council’s consultant in line with the 2019 National Planning Policy Framework guidelines, the detail of delivery to be agreed through the Section 106 Agreement.

 

Members expressed the following views:-

 

• disappointment that affordable housing provision was less than the City Council policy compliant level of 35% and 30% could be a better compromise as well as concern regarding the high specification which mitigates against additional housing provision;
• concerns regarding access arrangements including the one way system and with only one access for 40 properties as well as additional traffic on Harrington Lane;
• question requirement for the emergency access which will only be used by pedestrian and cyclists to cut through the estate onto Church Hill which will create dangerous traffic conditions;
• Pinhoe Area Access Strategy is flawed and has not been properly considered by the County Council, particularly in respect of future bus service provision;
• welcome 40 new zero carbon homes in a difficult location which represents approximately 6% of total house provision at the Pinhoe Quarry, Home Farm and Brickwork sites; and
• high quality zero carbon accommodation suitable for edge of city development and provision of further homes is welcomed.

 

The Principal Project Manager (Development) (MD) advised that the number of discounted market sales housing was policy compliant and reminded members that the independent valuer appointed by the Council had concluded that 15% affordable housing was acceptable, whereas the developer was offering 25%. Further, should the application be refused due to insufficient affordable housing, this may result in a lower proportion of affordable housing being achieved should it go to appeal. The Principal Project Manager (Development) (MD) also advised that Devon County Council as Local Highway Authority had not objected to the application and read out paragraph 109 of the National Planning Policy Framework (2019) advising when local planning authorities should refuse applications on highways grounds. He advised that members should clarify which parts of the local highway network they had specific concerns about if they refused it on this basis.

 

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

 

A proposal to remove the emergency access from the development, as covered by condition 17, was moved, seconded and carried on the casting vote of the Chair.

 

The recommendation, as amended, was moved, seconded and carried by majority.

 

RESOLVED that, subject to the completion of a Section 106 Agreement under the Town and Country Planning Act 1990 in respect of affordable housings, a financial contribution towards highway (£130,000), educational contribution (£178,995) and open space/children play facilities in the area to be agreed, planning permission for residential development for 40 dwellings with associated access, landscaping, open space and infrastructure 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 strict accordance with the submitted details received by the Local Planning Authority on 15 January 2020 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) 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, 9:00 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.

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

 

5)       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.

 

6)         A detailed scheme for landscaping, including the planting of trees and/or shrubs (in particular in respect of the southern boundary), the use of surface materials and boundary screen walls and fences shall be submitted to the Local Planning Authority and no unit 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.

 

 

7)         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.

 

8)         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.

 

9)         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 5837:2005 - ‘Trees in Relation to 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: To ensure the protection of the trees during the carrying out of the development.

 

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)        Prior to the construction of any culvert supporting a new highway, a detailed Approval In Principle for the footbridge shall be submitted and approved in writing by the Local Highway Authority (Devon County Council).

              Reason: To ensure the integrity of adjacent structures and land

 

12)       No part of the development hereby approved shall be brought into its intended use until the priority access on Pulling Road, including localised widening of Pulling Road and associated footways, as indicated on Drawing No. 100 Rev E have been provided to the site boundary 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 ensure that a safe and suitable access to the site is provided for all users, in accordance with Paragraphs 108/110 of the NPPF and CP9 of the ECC Core Strategy.

 

13)       No part of the development hereby approved shall be brought into its intended use until the footpath linking the site to Pinhoe Quarry 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 ensure that a safe and suitable access to the site is provided for all users, in accordance with Paragraphs 108/110 of the NPPF and CP9 of the ECC Core Strategy.

 

14)       No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The statement should include details of access arrangements and timings and management of arrivals and departures of vehicles. The approved Statement shall be adhered to throughout the construction period.

Reason: In the interests of highway safety and public amenity

 

15)       Prior to commencement of the development, details shall be submitted to the Local Planning Authority of secure cycle parking provision for 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 ensure that adequate facilities are made available for cycle provision.

 

16)       Prior to occupation of the development hereby permitted, a travel pack shall be provided informing all residents of walking and cycling routes and facilities, public transport facilities including bus stops, rail stations and timetables, car sharing schemes and car clubs, as appropriate, the form and content of which shall have previously been approved in writing by the Local Planning Authority.

            Reason -To ensure that all occupants of the development are aware of the available sustainable travel options.

 

17)       Pre-Commencement Condition: Before commencement of construction of the development hereby permitted, the applicant shall submit a technical report in the form of a predicated Energy Performance Certificate (EPC) and Predicated Energy Assessment (SAP) in line with Standard Assessment Procedure (SAP) 2012 which demonstrates a net zero carbon emissions. The measures necessary to achieve this 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.

 

18)       Pre-Commencement condition - 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. 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.

 

19)       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: To ensure that surface water runoff from the construction site is appropriately managed so as to not increase the flood risk, or pose water quality issues, to the surrounding area.

 

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. A legal agreement under Section 106 of the Town and Country Planning Act 1990 relates to this 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.  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 (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.