Agenda item

To consider the report of the Service Lead City Development.

The Principal Project Manager (Planning) (PJ) presented the application for the construction of a detached two bedroom house with an integral garage.

The Principal Project Manager (Planning) reported a late letter of objection that the access was of insufficient width to accommodate additional traffic. He reported changes made to the proposal since a previous refusal including the retention of trees adjoining Holman Way, provision of a boundary hedge and the removal of a first floor section of the build over the garage, which had reduced the massing allowing Quay Gardens to remain the dominant feature.

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

·        welcome the retention of two mature trees but believe previous reasons for refusal still apply;

·        development still has an overbearing impact on Quay Gardens House;

·        effect of the proposed planting is cosmetic;

·        the relocation of a large summerhouse, now used as a studio, is similar in height and footprint to the proposed double garage, and will also adversely affect the setting;

·        the proposed development will tower over the junction of Holman Way and Fore Street and will impact adversely on the wider Topsham Conservation Area and have an overbearing impact on the cluster of historic buildings around the Quay and on neighbouring properties and gardens;

·        the site lies at the end of a long and narrow private drive whose junction with Monmouth Avenue has poor visibility with the drive serving at least six properties and the final 30 metre section does not meet Devon County Council’s Highways advice for private drives longer than 25 metre and serving up to three dwellings. It is less than three metres wide for its entire length and there are no inter-visible parking bays;

·        potential damage to the boundary walls and fences of other properties during construction; and

·        the only public benefit is the addition of one unit to the housing stock. The potential cost is a significant negative impact on the character and appearance of a treasured part of the Topsham Conservation Area, and the setting of some of its oldest buildings.

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

·        confirmation that the new building in the garden fits with the Local Plan;

·        the current design meets all relevant requirements of traffic, conservation area, listed buildings, trees, habitat, design and residential amenity;

·        the Quay Gardens site has 14 properties on its boundaries with many requests from neighbours to alter the garden which have been accommodated as far as possible including the planting scheme;

·        have worked with various professionals to address objections in respect of trees, hedges and impact on conservation area and listed buildings;

·        the trees, mentioned in most objections, will be retained as well as the hedge;

·        in respect of the impact on the conservation area and listed buildings, changes have been made which reduce the scale and massing and vertical planting provided for the redesign of the south east wall;

·        of the 14 neighbours adjoining, one is supportive, one objecting which has been addressed with the retention of the hedge and one neutral; and

·        the proposal does not try to replicate a pastiche of designs that have evolved in Topsham but is contemporary and fits in with narrative of changing designs over time.

Members felt that a contemporary building would not impact adversely on the Conservation Area.

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

The recommendation was moved and seconded and carried by majority.

RESOLVED that, subject to the  planning permission for the construction of a detached two bedroom house with an integral garage 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  17 December 2019 (including dwg. nos. 19/003/31 Rev A; 19/003/32 Rev A; 19/003/33 Rev A; 19/003/35 Rev A; 19/003/36 Rev A received on 05 March 2020; 19/003/34 Rev B Received on 01 April 2020; 19/003/30 Rev B Received on 08 April 2020) as modified by other conditions of this consent.

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

3)         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 8 am 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.

4)         Samples of the materials it is intended to use externally in the construction of the development (including the natural stone cladding; cedar cladding; bricks and roof membrane) 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.

5)         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 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 5837:2012 - Trees in Relation to Design, demolition and 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 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.

6)         A detailed scheme for landscaping, including the planting of trees and or shrubs, the planting to the southeast elevation, 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. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

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 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 for pre commencement condition: 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.

Informatives

1. 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.

2.  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).

3. Advice on controlling the emissions from and health impacts of wood burning is available from https://uk air.defra.gov.uk/assets/documents/reports/cat09/1901291307_Ready_to_Burn_Web.pdf. It is recommended that all new stoves meet the EcoDesign Ready standard.

In addition, careful design of the flue may be required in order to prevent the appliance causing a nuisance by fume or odours.

For further advice, please contact the Environmental Protection Unit on 01392 265148.

4. The Local Planning Authority considers that this development will be CIL (Community Infrastructure Levy) liable. Payment will become due following commencement of development. Accordingly your attention is drawn to the need to complete and submit an 'Assumption of Liability' notice to the Local Planning Authority as soon as possible. A copy is available on the Exeter City Council website.

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