Agenda item

To consider the report of the Service Lead City Development.

The Principal Project Manager (Development) (PJ) presented the application for the construction of 43 dwellings with associated gardens, parking and landscaping with vehicular access from Gloucester Road via Higher Exwick Hill. (Approval of Reserved Matters of access, appearance, landscaping, layout and scale pursuant to planning permission reference 17/1788/OUT granted on 7 January 2019.

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

·         in favour of developing a brownfield site for housing which also benefits from the relative proximity to the rural surrounds of the city accessed via Exwick Lane;

·         support the landscaping proposed including the retention of trees;

·         welcome the measures agreed with the Highways Authority to improve highway safety around Exwick Heights Primary School including the traffic calming measures and both the Headteacher and Chair of the School Governing body no longer have any objections; and

·         seek assurance that the developers will work with the local school during the construction period, especially at the start and finish of the school day, to ensure that children and family members are kept safe.

Mr Pritchard spoke on the application. He raised the following points:-

·         not opposed to use as housing;

·         the proposed 1.8metre close bordered timber fence should be erected prior to any building works starting to reduce dust and noise disturbance. The construction of a new fence within the site should be made a condition;

·         the sub-station construction needs to be sympathetically designed, preferably brick clad and needs to be enclosed in a building with acoustic cladding walls with a condition added to this effect;

·         trees shown as being retained must not change to benefit the adjacent properties and to preserve the long view from the other side of the River Exe;

·         the roots of the trees at the vehicle entrance to the site must not be damaged during the road construction;

·         the tree protection barrier will need to be erected prior to any construction commencing so that vehicles and any machinery do not cause damage to this area;

·         a condition is required so that construction does not take place on Saturdays, Sundays and Bank Holidays; and

·         the developer should pay for the windows of adjacent proprieties to be cleaned.

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

·         the trees provide a degree of screening for nearby homes and a high quality and diverse natural environment for a compact community nestled amongst them;

·         the area to the south has been designed as a habitat for reptiles and that to the north, running alongside Higher Exwick Hill, managed as a woodland;

·         access can only realistically be achieved via Higher Exwick Hill as the junction  with Gloucester Road is problematic used as both a car park and a turning head for the school run and care will be taken not to worsen it;

·         three key safety elements are reducing parking at the junction and giving pedestrians priority, reducing the risk of vehicles colliding with pedestrians and cyclists using Higher Exwick Hill and reducing local traffic by improving pedestrian and cycle connectivity through our site;

·         double yellow lines will be provided to the southern side of Higher Exwick Hill to clarify that parking is prohibited with a raised table at this junction to give pedestrians priority;

·         bollards on Higher Exwick Hill will be replaced with staggered barriers to slow cyclists down and define where children should wait; and

·         vehicles leaving the site will be required to give way, having been forced to slow by passing through a 3 metre width restriction

Members supported the proposed development of this brown field site and acknowledged the associated improvements to the highway network to help improve safety. An additional condition to brick clad the sub-station was also supported.

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 additional condition to enclose the sub-station with cladding walls, planning permission for the construction of 43 dwellings with associated gardens, parking and landscaping with vehicular access from Gloucester Road via Higher Exwick Hill. (Approval of Reserved Matters of access, appearance, landscaping, layout and scale pursuant to planning permission reference 17/1788/OUT granted on 7 January 2019 be APPROVED, subject to the following conditions:-

1.         The development hereby approved must be begun with five years from the date of the grant of outline planning permission, or two years from the final approval of the reserved matters, whichever is the longer.

Reason: To ensure compliance 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 5 December 2019 (dwg. nos.1832:01); 12 March 2020 (dwg nos 19006 101 rev D 110 rev A & 300 rev H); 14 April 2020 (dwg nos BD1832:02 rev B; 1832:20 rev A; 21 rev A; 22 rev A; 23 rev A; 24 rev B; 25 rev A & 26 rev A) 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.         Notwithstanding the provisions of the Town and Country Planning General Development Order 1995 or any Order revoking and re-enacting that Order, no extension, garages or other development shall be carried out within the curtilage of the dwellings without the formal consent of the Local Planning Authority.

Reason: In order to protect the visual and residential amenities of the surrounding area and to prevent overdevelopment.

5.         No dwelling shall be occupied until full details of the electric charging points 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:

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

6.         All conditions imposed on notice of outline approval (ref no.17/1788/OUT) are hereby reiterated in as much as they relate to the development and have yet to be discharged in writing by the Local Planning Authority.

Reason: To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters.

7.         Prior to occupation of the development, details shall be submitted to the Local Planning Authority of secure covered cycle parking provision for the development. Development shall not be occupied 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

8.         No part of the development hereby approved shall be brought into its intended use until the access arrangements into the site as indicated on drawing no. 101 rev D 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 ensure that a safe and suitable access to the site is provided for all users, in accordance with Paragraphs 108 and 110 of the NPPF

9.         Prior to occupation of the development, details shall be submitted to the Local Planning Authority of the staggered barriers on Higher Exwick Hill for the development. Development shall not be occupied until such details have been agreed in writing by the Local Planning Authority, and prior to occupation the staggered barriers shall be provided in accordance with the submitted details. 

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

10.       No part of the development hereby approved shall be brought into its intended use until the pedestrian/cycle access arrangements into the site as indicated on drawing no. 110 rev A 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 ensure that a safe and suitable access to the site is provided for all users, in accordance with Paragraphs 108 and 110 of the NPPF.

11        No development shall commence until the design, including details of materials, of the electricity substation enclosure has been submitted to and approved in writing by the Local Planning Authority and implemented in accordance with these details thereafter.

            Reason: In the interests of visual and residential amenity.

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. 

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.