Agenda item

To consider the report of the Director City Development, Housing and Supporting People.

 

 

Councillor Morse declared a disclosable pecuniary interest and left the meeting during consideration of this item.

 

The Principal Project Manager (Development) (HS) presented the application for the demolition of existing sport facility and rifle range and re-development of the site to provide 42 new dwellings, associated car parking, amenity space and access.

 

The Principal Project Manager (Development) set out a detailed description of the application and went through the site location plan, views of the site including aerial views, site levels and photographs of the existing site and its context with adjacent buildings, layouts, floor plans, and sections.  His presentation covered additional revised plans received after the publication of the report.

 

The Principal Project Manager (Development) highlighted the following key issues:-

 

·         the principle of development;

·         transport;

·         heritage conservation and environment;

·         design and affordable housing;

·         impacts on existing occupiers; and

·         economic benefits and CIL/Section 106.

 

The Principal Project Manager (Development) referred to the following:-

 

·         a Tree Preservation Order had been made for the site;

·         two additional representations received, one regarding the impact on the green space and the access to the properties to the rear of Clifton Hill and the other to the inadequate mitigations measures for the loss of landscaping;

·         additional comments received since the publication of the update sheet from the Arboricultural Consultant reinstating his preference for compensatory landscaping on the south west boundary, and on site landscaping scheme mitigation measures still being considered inadequate;

·         an updated plan condition, and a proposed additional condition 26 in the update sheet and a new condition 27 to reflect the comments of the Arboricultural Consultant to refer to a revised Arboriculture Method Statement to be submitted to and approved in writing by the Local Planning Authority prior to commencement of development;

·         a viability report in respect of the proposed affordable housing being provided by Plymouth City Council; and

·         corrections to the report to show the number of units as 42 not 44 by the removal of two five-bed houses for a total of 11 not 13 such houses and therefore 31 not 33 houses in total on pages 92 and 112, to refer to flats being four storey on page 92, and to delete co-living on page 114.

 

The Principal Project Manager (Development) concluded by highlighted the following key elements:-

 

·         the site is a brownfield site within the urban area in a sustainable location close to a range of services;

·         the principle of housing is acceptable as leisure provision in the area was still considered adequate, with the St Sidwell’s Point shortly to be opened;

·         the development would make a positive contribution to the Council’s five year housing land supply which was deficient;

·         there was a presumption in favour of sustainable development;

·         cycle parking and parking on the site was acceptable;

·         reduction in the number of units by two was made for privacy reasons;

·         the proposal is acceptable in its design and general visual impact, including its impact on the Conservation Area and the Locally Listed Building and supported by the Design Review Panel;

·         the proposal is not considered to be of any significant harm to residential amenity of nearby residential properties;

·         the private amenity space was well related to dwellings and the dwellings have a positive relationship with green spaces immediately adjacent to the benefit of amenity of occupiers;

·         the scheme will provide 11 affordable dwellings, being 26% of buildings on the site, through seven two bed and one four bed flats considered to be a good offer with a viability assessment to be provided by Plymouth City Council;

·         the proposals, through replacement planting on-site and contributions to the improvement of off-site green spaces including tree planting off site, are considered to adequately compensate for the loss of trees on site, the latter to be achieved through a proposed Grampian condition;

·         £70,000 contribution to opens space enhancements;

·         secondary educational contributions of £138,000; and

·         no material considerations which it was considered outweigh the above and  would warrant refusal.

 

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

 

·         conditions included a requirement for the properties to be single dwellings in accordance with Use Class 3 and also would not therefore become Houses in Multiple Occupation (HMO);

·         three parking spaces would be allocated for the 11 unit block of flats, near to the listed brick office to include disabled parking with secure cycle shelter for 12 cycle parking spaces;

·         to enable all parking spaces on the site to be provided with EV charging points a two metre squared enclosure would be provided to serve as a sub-station;

·         the amendment to the additional proposed condition 27 in the update sheet in order to reflect the recent receipt of a method statement - for the final details of the statement to be subject to approval in writing by the local planning authority;

·         the distances between the main house and annex varied between 7 and 13 metres;

·         17 trees were to be removed to be replaced with 22 on-site and with a Grampian condition to provide additional trees off site in consultation with the Arboricultural Officer;

·         one of the dwellings amenity space fully met the Residential Design Guide Standards. 14 met the standards set by precedent elsewhere, and a further 15 would meet the standard if guidance on split amenity space was set aside; and

·         there were other schemes with an amenity space below the standard 55 metres in the city. Reduced garden sizes could be more appropriate for smaller rather than larger homes and this approach was considered appropriate in light of the five year housing supply and the proximity of amenities including Belmont Park, and Clifton Hill green space.

 

Councillor Atkinson, having given notice under Standing Order No. 44, spoke on the item. She was speaking in a personal capacity as a local resident living at the other end of Belmont Road, and had participated in the community engagement process. She raised the following points:-

 

·         pleased that the Council did not pursue the sale of the land to a private developer to maximise the capital receipt from such a sale;

·         the development greatly enhances the local community and will provide much needed family homes and social housing;

·         Exeter City Living (ECL) had engaged fully with the community and key individuals and stakeholders with a public consultation event attended by over 80 local residents with a dedicated project web site;

·         the development would be built to Passivhaus standards to provide low energy and low carbon solutions. In 2019, only 127 Passivhaus homes were completed in the UK and only 10 in 2020, all in Exeter;

·         carbon emissions would be reduced therefore contributing to the Council’s ambition to achieve Net Zero Carbon by 2030. The hot water strategy used ground source heat pump technology despite this technology being significantly more expensive. It was a climate ready proposal;

·         it provided a high quality green infrastructure, likely to be the first certified development delivered in the Exeter in its support for bio diversity;

·         close access to the Belmont Park and green space next to the site;

·         all houses built to recognized standard for the healthy living environment;

·         11 social rented homes for the over 60’s identified as a specific need during public consultation and there would be a diverse mix of family homes for children and apartments for older people;

·         developer will invest £70,000 in openspace enhancement and for the upgrade of Belmont Park; and

·         highways works include sustainable transport measures, a cycle hub station and a car club space with charging infrastructure.

 

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

 

·         thank ECL for updating ward councillors and public consultation; 

·         welcome many aspects including Passivhaus standards, much needed residential accommodation close to the city centre, provisions for the wildlife, access to back of Portland Street homes retained and return of profits to the Council;

·         as a City Council’s own development delivery company, a higher standard should have been set to fully meet Council policies;

·         although the intention was to ‘build with nature’, 17 trees are to be removed and the proposed tree planting does not adequately mitigate for this loss, a view shared by Tim Arkell, a local Tree Warden, with the Arboriculturalist, engaged by the developers stating that the proposed development will have a moderate adverse impact;

·         the landscape design should be reviewed by the developer. Many of the trees proposed for mitigation are small and short lived varieties with plans for tree planting to be judged on their resilience after 10 or 50 plus years;

·         proposals do not meet the recommendations in the Residential Design Guide which sets a minimum garden size of 55 square metres for dwellings;

·         the development does not provide 10% level open space with play space and residents are likely to use Belmont Park and the green space at the back of the development. The former is heavily used and the latter a wildlife haven;

·         the Green Street may not live up to the images provided;

·         the development will be overly dense, negatively impact the trees on the site and provide insufficient garden and open outside space; and

·         request that the application be deferred for further revisions.

 

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

 

·         thank the Council for saving the green space on the Clifton Hill site in spite of potential revenue generation by the sale. Newtown residents saw greater value in its contribution to the city’s environment, offsetting air pollution and supporting carbon reduction, and in a ward where health and wellbeing outcomes are challenging and leisure and amenity at a premium;

·         thank ECL for working with residents to address concerns;

·         new family homes and affordable and social housing are needed in light of forthcoming student and co-living accommodation in Newtown;

·         positive aspects include a Passivhaus environmental design, the Green Street, retention of the locally listed old brickworks building, the limited parking allocation and focus on cycling and pedestrian travel, excellent public consultation and the conditioned financial contributions to the green space and Belmont Park;

·         anxiety remains in Portland Street about the proximity and height of the development particularly the annexes;

·         the tree issue has been highly emotive  with Tim Arkell providing helpful technical comments. Existing trees were not initially acknowledged as being a constraint to development and the majority will be removed. Trees bordering the site will be damaged by construction impacts. The retained Yew Tree at the front of 29 Clifton Hill will be damaged by construction activities;

·         the Clifton Emery Softworks Plan shows 24 new trees but 11 are large shrubs and the quantum of mitigation for tree loss remains well below the standards used by other Local Planning Authorities;

·         no compunction to provide off-site tree planting as mitigation and no guarantee of additional planting on the green space or of funding for their management;

·         Members need to be assured that the remaining trees will be protected and should request a detailed report on tree protection; and

·         all outstanding concerns should be addressed prior to determining the application

 

Keith Lewis spoke against of the application. He raised the following points:-

 

·         Civic Society supports the re-development of this site for residential use but feel it fails to accord with the City Council’s residential design guide;

·         the design of many homes is very unusual, with limited outside space, poor use of the site, and many homes with annexes which could result in secondary occupations. A condition is required to ensure the homes remain as single family dwellings;

·         the applicant advises that the lack of garden space is offset by the proximity of Belmont Park, but a recommendation for a crossing point across Clifton Hill has not been pursued;

·         it is unacceptable that block eight for eleven flats and block three for four homes are located close to mature trees to the south east of the site which will need to be significantly lopped and boundary walls are within the root protection area. The blocks could be moved away from the trees. The City Council’s Arboriculture Officer has objected to the proximity of buildings to the trees;

·         submitted plans do not explain the three major revisions made; and

·         the application is a poor reflection on the City Council and ECL and should be refused or recommended for significant amendments.

 

Responding to a Member, he advised that the membership of the Exeter Civic Society totalled 240.

 

Emma Osmundson spoke in support of the application. She raised the following points:-

 

·         speaking on behalf of Exeter City Living Ltd (ECL) as its Managing Director, ECL being a public sector owned developer building a number of developments across the City offering a range of social homes for Exeter families, all designed to provide healthy places for people to live, with low energy demand and sympathetic to surroundings, whilst displaying character and individuality;

·         the development is of high quality design and layout to deliver 42 dwellings comprising a mix of 1, 2, 4 and 5 bedroom homes. Many of the homes have been designed with multi-generational living in mind;

·         the South West Design Review Panel are supportive of the design;

·         includes a Green Street through the centre of the development of biocultural benefit to residents connecting Belmont Park with the open green space on Clifton Hill which, in addition to providing a healthy corridor, will improve surveillance to the area, which currently experiences anti-social behaviour;

·         the new trees planted have been selected for their future climate resilience and for promoting wildlife and biodiversity. The new development has been designed in order to obtain Building with Nature accreditation which is the UK’s first green infrastructure benchmark - likely to be a first for Exeter;

·         extensive community consultation undertaken. Appropriate setback distances from the site boundaries have been maintained to protect residential amenities of adjoining properties;

·         no objections from statutory consultees including Devon County Highways and the Environment Agency;

·         the proposals accord with City Council affordable housing policy, taking into account vacant building credit and delivers 26% affordable housing, all as social rent; and

·         the development will contribute towards the Council’s five year housing land supply.

 

She responded as follows to Members’ queries:-

 

·         comments of the Tree Officer have been satisfactorily resolved. Some trees had to be removed to develop the site and necessary mitigation measures undertaken. Those trees to be removed have low arboriculture impact, and will be replaced by 22 new, climate resilient trees with an additional 17 fruit trees in the private gardens;

·         special protection during construction will be provided for the Yew Tree at the entrance of the site being some 300 years old;

·         advised less than 20% of root zone excavation of trees

·         trees will be planted above the stone wall planters in the Green Street with an irrigation system to provide longevity for the trees;

·         a service charge provision, with a sinking fund, is provided to enhance the landscaping including the Green Street and the trees, particularly those on the south west boundary, will be maintained on a five year cycle;

·         adopting Building With Nature Accreditation Standard to ensure bio-diversity across the site and on target to meet accreditation;

·         ECL has to act in a value for money way and has looked to optimise the site having regard to the constraints. Whilst a private developer would look to a minimum return of 25%, ECL has focussed on the key elements of affordable family homes and quality green space including the Green Street so accepted a reduced return on investment in the development. A private developer would be likely to reduce open space and not integrate two service roads in the development;

·         accommodation is in proximity to trees as a degree of density was necessary to ensure viability and with regard to the Council’s Climate Change strategy solar shading can be achieved in the summer;

·         design incorporates climate mitigation measures and enhanced biodiversity with a green corridor connecting the open space with Belmont Park;

·         the latest Tree Warden comments have been addressed satisfactorily;

·         mix of dwelling driven by viability with six different iterations examined. Current demand suggests a requirement for larger family homes including five bed properties. Original scheme did have more four bed homes, amenity space constraints resulting in a slight reduction in the number of properties but more five bed homes. The annexes meet modern day aspirations of multi-generational living, such as home working, older generation downsizing and young people moving back in.

Members expressed the following views:-

 

·         welcome mix of dwellings meeting people’s needs and avoiding uniformity and taking account of bio-diversity. Additional mitigation measures would have been welcome but not possible to meet all requirements. Provides good quality development with regard to carbon neutral goals;

·         welcome the thorough consultation undertaken by the developer;

·         development is very close to city centre amenities and the tree mitigation measures reflects City Council policy of planting 10,000 trees in 10 years;

·         confident views of the Arboricultural Officer will be taken into account

·         to meet the Net Zero Carbon 2030 target different design homes are necessary include higher density developments with the buildings themselves also higher and reduced parking;

·         this higher density reflects the existing character of Newtown and could not have gone anywhere else;

·         good provision of affordable housing; and

·         welcome the principle of the development focussing on high quality, affordable homes and not seeking to maximise profit.

 

The recommendation was for approval, subject to the completion of a Section 106 Agreement and the conditions as set out in the report, together with an amended condition 2, additional condition 26 and a new condition 27 and the completion of a viability appraisal report in respect of affordable housing provided by Plymouth City Council.

 

The recommendations, as amended, were moved and seconded and carried.

 

RESOLVED that,

 

A)   Subject to the completion of a Section 106 Agreement under the Town and Country Planning Act 1990 (as amended) to secure the following:

 

·         affordable housing for social rent comprising seven two-bed and four one-bed flats one of which is disabled accessible standard;

·         open space enhancement contributions totalling £70,000;

·         secondary education contribution of £138,791;

·         highways works, sustainable transport measures, including cycle hub station and car club space with charging infrastructure, and Traffic Orders

 

(All Section 106 contributions will be index linked from the date of resolution.)

 

the Service Lead (City Development) be authorised to APPROVE planning permission for the demolition of existing sport facility and rifle range and redevelopment of the site to provide 42 new dwellings, associated car parking, amenity space and access, subject also to the receipt of a satisfactory viability appraisal report in respect of affordable housing from Plymouth City Council and to the following conditions (and their reasons) which may be amended:

 

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.The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received by the Local Planning Authority.

 

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

Updated Revised General Arrangement Plan 190908 L 02 02 revision F received 4/12/2020

Updated Revised Boundary Treatment Plan 190908 L 02 03 revision E received 4/12/2020

Updated Revised Refuse Strategy 190908 L 02 04 revision D received 4/12/2020

Updated Revised Vehicular Parking Strategy 190908 L 02 05 revision D received 4/12/2020

Revised Floor Plans Block 01 Drg 100 rev A received 17/11/2020

Revised Sections Block 01 Drg 110 rev A received 17/11/2020

Revised Elevations Block 01 Drg 120 rev A received 17/11/2020

Revised Floor Plans Block 02 Drg 200 rev A received 17/11/2020

Revised Sections Block 02 Drg 210 rev A received 17/11/2020

Revised Elevations Block 02 Drg 220 rev A received 17/11/2020

Revised Floor Plans Block 03 Drg 300 rev A received 17/11/2020

Revised Sections Block 03 Drg 310 rev A received 17/11/2020

Revised Elevations Block 03 Drg 320 rev A received 17/11/2020

Revised Floor Plans Block 04 Drg 400 rev A received 17/11/2020

Revised Sections Block 04 Drg 410 rev A received 17/11/2020

Revised Elevations Block 04 Drg 420 rev A received 17/11/2020

Updated Revised Floor Plans Block 5-7 Drg 501 rev A Received 3/12/2020

Revised Floor Plans Block 5-7 Drg 502 rev A received 17/11/2020

Revised Sections and Visualisation Block 5-7 Drg 510 rev A received 17/11/2020

Revised Elevations Block 5-7 Drg 521 rev A received 17/11/2020

Revised Elevations Block 5-7 Drg 522 rev A received 17/11/2020

Revised Floor Plans Block 8 Drg 800 rev A received 17/11/2020

Revised Sections and Visualisation Block 8 Drg 810 rev A received 17/11/2020

Revised Elevations SW Block 08 Drg 821 rev A received 17/11/2020

Revised Elevations NE Block 08 Drg 822 rev A received 17/11/2020

Revised Floor Plans Block 09 Drg 900 rev A received 17/11/2020

Revised Sections Block 09 Drg 910 rev A received 17/11/2020

Revised Elevations Block 09 Drg 920 rev A received 17/11/2020

Boundary Test Sections Sk004 1-3 rev B received 17/11/2020

Boundary Test Sections Sk004 4-5 rev B received 17/11/2020

Boundary Test Sections Sk004 6-8 rev B received 17/11/2020

Boundary Test Sections Sk004 9-10 rev B received 17/11/2020

Revised Street Elevations 020 rev A received 17/11/2020

Revised Street Elevations 021 rev A received 17/11/2020

Updated Revised Softworks Plan revision E received 4/12/2020

Updated Revised Softworks Schedule revision C received 4/12/2020

As modified by other conditions of this consent.

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

 

3)         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 a programme of archaeological monitoring on-site, 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.

 

4)         Prior to the commencement of the development hereby permitted, a Waste Audit Statement shall be submitted to and approved in writing by the Local Planning Authority. This statement shall include all information outlined in the waste audit template provided in Devon County Council's Waste Management and Infrastructure Supplementary Planning Document. The development shall be carried out in accordance with the approved statement.

Reason: To minimise the amount of waste produced and promote sustainable methods of waste management in accordance with Policy W4 of the Devon Waste Plan and the Waste Management and Infrastructure Supplementary Planning Document. These details are required pre-commencement as specified to ensure that building operations are carried out in a sustainable manner.

 

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)         Prior to commencement of the development, details shall be submitted to the Local Planning Authority of secure sheltered cycle parking (including electric bicycle parking) 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 provide adequate facilities for sustainable transport

 

7)         A detailed remediation scheme to bring the site to a condition suitable for the intended use must be prepared, and is subject to the approval in writing of the LPA. The scheme must be based on the findings in South West Geotechnical Ltd.’s Geotechnical and Geo-Environmental Assessment (report no.: 12072 V3, date: October 2020) (including any additional data obtained after that report was submitted) and must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures.

 

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the LPA. Following completion of measures identified in the approved remediation scheme and prior to occupation of the development, a verification report must be produced that demonstrates the effectiveness of the remediation carried out and provides confirmation that no unacceptable risks remain, and is subject to the approval in writing of the LPA.

 

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the LPA. An investigation and updated risk assessment must be undertaken, and where remediation is necessary an updated remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be produced and approved in writing by the LPA.

 

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.

 

8)         Pre-commencement condition: No development shall take place until a Construction and Environment Management Plan CEMP has been submitted to and approved in writing by, the Local Planning Authority. Notwithstanding the details and wording of the CEMP the following restrictions shall be adhered to:

a. There shall be no burning on site during demolition, construction or site preparation works;

b. Unless otherwise agreed in writing, no construction or demolition works shall be carried out, or deliveries received, outside of the following hours: 0800 to 1800 hours Monday to Friday, 0800 to 1300 on Saturdays, and not at all on Sundays and Public Holidays;

c. Dust suppression measures shall be employed as required during construction in order to prevent off-site dust nuisance.

 

The CEMP 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.

 

The CEMP should include details of access arrangements and timings and management of arrivals and departures of vehicles.

           

The approved CEMP shall be adhered to throughout the construction period.

Reason for pre-commencement condition: In the interests of the occupants of nearby buildings. 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.

 

9)         The following additional details shall be submitted to and approved in writing by the Local Planning Authority and the approve details shall subsequently be implemented on site:

- Details of the boundary treatment on the boundary with the rear of properties on Portland Street.

- Details of the alternative arrangement of substation, covered and secure cycle spaces, car parking spaces and landscaping details adjacent the retained - Brick Office building.

- Details of works to the Brick Office building.

-  A detailed specification and method statement for all works within the identified root protection zones of the retained trees.

Reason: In the interests of controlling these details which are not submitted in detail as part of the application.

 

10)       No part of the development hereby approved shall be brought into its intended use until the access points onto Clifton Hill, as indicated on Drawing No. 190908 L 02 02 Rev D 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

 

11)       No part of the development hereby approved shall be brought into its intended use until a club car parking and a club-bike docking station (together with electricity supply to both elements) as indicated on Drawing No. 190908 L 02 02 REV D, or such other location as may subsequently be agreed in writing, has been provided in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority.

Reason: To provide adequate facilities for sustainable transport and ECC Core Strategy CP9.

 

12)       Prior to occupation of the development hereby permitted, a travel pack/car park management plan 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, in accordance with Paragraph 111 of the NPPF

13)       Any gates that provide access to rear gardens must be capable of being locked from both sides. All external doors and accessible windows should as a minimum standard comply with the requirements of Approved Document Q (ADQ) of the Building Regulations and/or Secured by Design (SBD) standards as set out in Secured by Design Homes 2019.

Reason: In the interests of reducing opportunities for crime.

 

14)       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 a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

Reason- To protect controlled waters.

Reason - The proposed development site is located on a historic landfill site. This presents a risk of contamination that could be mobilised during construction to pollute controlled waters.

 

15)       Prior to occupation of any dwelling hereby approved a Wildlife Plan which demonstrates how the proposed development has been designed to enhance the ecological interest of the site, and how it will be managed in perpetuity to enhance wildlife has been submitted to and approved by the Local Planning Authority. Thereafter the development shall be carried out and managed strictly in accordance with the approved measures and provisions of the Wildlife Plan.

Reason: In the interests of protecting and improving existing, and creating new wildlife habitats in the area.

 

16)       Notwithstanding the submitted plans a detailed scheme for landscaping, including the planting of trees and or shrubs, 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.

Reason: To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

 

17)       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.

 

18)       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.

 

19)       No building hereby permitted shall be occupied until surface water drainage works broadly in accordance with the Preliminary Drainage Strategy (Drawing No. PDL 101 Rev C dated 16.11.2020) have been implemented, and any connection to the Surface Water Sewer having been put in place, in accordance with details that have been submitted to and approved in writing by the local planning authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in the National Planning Policy Framework, National Planning Policy Guidance and the Department for Environment, Food and Rural Affairs Sustainable Drainage Systems Non statutory technical standards for sustainable drainage systems, and the results of the assessment provided to the local planning authority.

The submitted details shall:

i. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;

ii. Include a timetable for its implementation; and

iii. Provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

 

Reason: In the interests of sustainable drainage.

 

20)       The development hereby approved shall only be undertaken in accordance with the recommended mitigation measures set out in the Unexploded Ordnance Risk Assessment dated 5th February 2020.

Reason: In the interests of human health.

 

21)       Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015, and any Order revoking and re-enacting that Order with or without modification, no development of the types described in the following Classes of Schedule 2 shall be without the express consent in writing of the Local Planning Authority other than those expressly authorised by this permission:-

Part 1, Class A extensions and alterations

Part 1, Classes B and C roof addition or alteration

Part 1, Class E swimming pools and buildings incidental to the enjoyment of the dwellinghouse.

Reason: In order to protect residential amenity and to prevent overdevelopment.

 

22)       Prior to occupation of the dwellings with which they are associated each of the parking spaces and garages shown on the approved plans shall be fitted with electric vehicle charging points.

Reason: In the interests of sustainable development and air quality.

 

23)       Before commencement of construction of the superstructures of the development hereby permitted, the applicant shall submit 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.

 

24)       Prior to the occupation of each dwelling hereby approved, ducting or equivalent service routes should be installed capable of accommodating at least 6 separate fibre-optic cables that enable electronic communications services network suppliers to freely connect between the boundary of the site and the inside of each dwelling for the purposes electronic communications.

Reason: To contribute to the development of high speed broadband communication networks and to ensure that adequate provision is made to meet the needs of future occupants of the dwellings for high speed internet access in line with paragraph 42 of the NPPF.

 

25)       The dwellings hereby permitted shall each only be occupied as single unit of accommodation within Use Class C3 (dwelling houses).

Reason: For the avoidance of doubt and to prevent the creation of an additional separate dwellings or the occupation as Houses in Multiple Occupation without that being considered by the Local Planning Authority.

 

 

26)       Prior to commencement of any works on site (including any ground clearance, tree works or demolition) a detailed scheme of off-site replacement tree planting, together with a programme for implementation shall be submitted to and agreed in writing by the Local Planning Authority. The approved scheme shall be implemented in accordance with the approved programme thereafter.

Reason for the pre-commencement condition: In the interest of further mitigating the impacts of development on trees and protecting the amenity of the area.

 

27)       The development hereby permitted shall only be carried out in accordance with an Arboriculture Method Statement that shall have been submitted to and agreed in writing by the Local Planning Authority prior to commencement of development on site.

Reason: To ensure the protection of the retained trees during the carrying out of the development and protecting the amenity of the area.

 

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 Area (SPA), the Exe Estuary, which is a designated European site. 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)         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.

 

4)         A legal agreement under Section 106 of the Town and Country Planning Act 1990 relates to this planning permission.

 

5)         Movement of waste off-site - The Environmental Protection (Duty of Care) Regulations 1991 for dealing with waste materials are applicable to any off-site movements of wastes.  The code of practice applies to you if you produce, carry, keep, dispose of, treat, import or have control of waste in England or Wales.

 

The law requires anyone dealing with waste to keep it safe and make sure it's dealt with responsibly and only given to businesses authorised to take it. The code of practice can be found here: https://www.gov.uk//uploads/system/uploads/attachment_data///waste-duty-care-code-practice-2016.pdf

 

 

 

and further RESOLVED that,

 

B)            the Service Lead City Development be authorised to REFUSE planning permission for the reasons set out below if the legal agreement under Section 106 Agreement under the Town and Country Planning Act 1990(as amended) is not completed within six months of the date of this Committee or such extended time as agreed by the Service Lead City Development for the reasons set out below:-

 

 

In the absence of a Section 106 legal agreement in terms that are satisfactory to the Local Planning Authority being completed within an appropriate timescale, and which makes provision for Affordable Housing, Open space contributions, highways works, sustainable transport measures and Traffic Orders the proposal is contrary to Exeter Local Development Framework Core Strategy 2012 Objectives 1, 3, 5, 6, and 10, and policies CP5, CP7, CP9, CP10, Exeter Local Plan First Review 1995- 2011 saved policies, L4, T1, T3, DG5, Exeter City Council Affordable Housing Supplementary Planning Document 2014, Exeter City Council Sustainable Transport Supplementary Planning Document 2013 and Exeter City Council Public Open Space Supplementary Planning Document 2005.