Agenda item

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

 

 

The Principal Project Manager (Development) (MH) presented the application for the approval of reserved matters (Appearance, landscaping, layout and scale) for 155 dwellings relating to outline planning application (Reference 17/1148/OUT) approved on 14th January 2019 via appeal.

 

The Principal Project Manager (Development) set out a detailed description of the site and surrounding area and referred to the following key issues:-

 

·         the principle of development established through outline planning permission granted on appeal ref 17/1148/OUT;

·         the layout, scale, design, impact on character and appearance and impact on amenity of surroundings and landscape or heritage aspects;

·         affordable housing;

·         the absence of a five year land supply;

·         access and impact on trees and bio-diversity;

·         flood risk and surface water management;

·         sustainable construction and energy conservation; and

·         economic benefits and CIL/Section 106; and

·         the location considered to be sustainable and the proposal acceptable in its design and general visual impact and was not considered to be of any significant harm to neighbouring residential amenity.

 

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

 

·         the applicant would be required to undertake highway works under Section 278 of the Highways Act 1980 to provide for appropriate footpath provision from the site along Clyst Road to the junction with Denver Road, indicative drawings having showed that these would be broadly in compliance with outline approval;

·         the affordable housing provision would be a mix of 72% one and two bed, 24% three bed and 4% four bed; and

·         a management company would be responsible for the maintenance of the open space.

 

Jenny Mitter spoke in support of the application. She raised the following points:-

 

·         speaking on behalf of the applicant Taylor Wimpey;

·         the principle of development has been established through the previous outline approval which was secured via appeal in 2019 by Waddeton Park Ltd;

·         provides 155 predominantly 2 storey dwellings ranging from one bed apartments to five bed houses with 35% of the housing affordable;

·         12% of the site area is dedicated to public open space including a large equipped children’s play area;

·         a tree-lined avenue running north to south is provided, with large areas of open space at the two access points. The greatest density of development will be concentrated to the west of the site adjacent to the railway line with a good separation between the proposed and existing dwellings along Highfield and Clyst Road;

·         the existing footway between the site and Denver Road will be improved with a continuous footpath from the site entrance to Denver Road;

·         provides a net gain in biodiversity and has been designed to reduce emissions by 19% over 2013 Building Regulations including the provision for solar panels. Good cycle parking and a car club space will be provided and dwellings will be designed to be electric vehicle charging ready;

·         Taylor Wimpey will provide a further £37,500 towards improvements within Topsham Recreation Ground; and

·         the scheme is technically acceptable and addresses housing need delivering much needed new homes including 54 affordable dwellings.

 

Members expressed the following views:-

 

·         welcome the affordable housing proposal with a good mix into the overall residential provision on the site;

·         a sustainable approach with good connectivity to Topsham; and

·         welcome the retention of trees and the provision of car charging points.

 

The recommendations were for approval, subject to the conditions as set out in the report.

 

The recommendations were moved and seconded and, following a vote, carried

 

RESOLVED that A), subject to the completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure a contribution of £37,500 towards enhancement of older age play provision and accessibility/footpath improvements within the Topsham Recreation Ground the Service Lead City Development be authorised to APPROVE planning permission for reserved matters (Appearance, landscaping, layout and scale) for 155 dwellings relating to outline planning application (Reference 17/1148/OUT) approved on 14th January 2019 via appeal, subject also to the following conditions:-

 

All Section 106 contributions should be index linked from the date of resolution.

 

1)         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 8th July 2020 and the drawing nos. listed on the Lichfields Schedule of Approved Plans ref 61050 Approved Plans without Drainage 11-02-21 (received on the 11th February 2021) as modified by other conditions of this consent.

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

 

2)         All conditions imposed on the outline approval 17/1148/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.

 

3)         The off-site highway improvement works to Clyst Road as shown on drawing nos. 14523-HYD-XX-XX-DR-D-0100 Rev P05, 14523-HYD-XX-XX-DR-D-0101 Rev P05, and 14523-HYD-XX-XX-DR-D-0102 Rev P03  should be secured via a S278 agreement in order to meet Condition 5 of the outline consent, with timing and trigger points to be agreed in writing with the Local Planning Authority in consultation with the Local Highway Authority.

Reason - To ensure that the off-site highway improvement works identified as necessary by the Inspector in the appeal decision letter dated 14th January 2019 are implemented in accordance with approved details and timeframes.

 

4)         The pedestrian/cycle path connecting to the northern boundary of the site adjacent to plot 132 shown on drawing no. SL.01 Rev H shall be constructed up to the boundary of the applicant's landownership in accordance with details and a timeframe that shall previously have been submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highway Authority prior to the occupation of the 50th dwelling comprised in the development hereby approved.

Reason - To ensure proper planning of the area and ensure that the potential for pedestrian/cycle permeability with land to the north is not prejudiced by the development.

 

5)         The potential vehicular connection to the land to the north of the site shown on drawing no. SL.01 Rev H between plots 114 and 120 shall be constructed up to the boundary of the applicant's landownership in accordance with details and a timeframe that shall have been submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highway Authority prior to the occupation of the 50th dwelling comprised in the development hereby approved.

Reason - To ensure proper planning of the area and ensure that the potential for vehicular permeability with the land to the north is not prejudiced by the development.

 

6)         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 undertaken 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 buildings incidental to the enjoyment of the dwelling house

Part 1 Class F hard surfaces

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

 

7)         Prior to occupation of the development, details shall be submitted and approved in writing by the Local Planning Authority of secure covered cycle parking provision for the development and thereafter maintained in accordance with the agreed details.

Reason: To ensure the provision of suitable cycle parking within the site.

 

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)         The Car Club allocated parking bay indicated on drawing no. SL.01 Rev H (Site Layout) shall be marked out accordingly and provided with a suitable electricity supply to facilitate future connection and electric vehicle charging capability in accordance with details and a timeframe that shall have been submitted to and approved in writing by the Local Planning Authority within 6 months of the commencement of the development. Thereafter the said parking bay shall be retained solely for that purpose at all times.

Reason – In the interests of the promotion and facilitation of sustainable modes of transport to meet the needs of the future occupants of the development.

 

10)       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.

 

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)    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.

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

4)    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).

5)    The submitted Construction Ecological Management Plan (Report ref 200611_P1052_CEcoMP) and Landscape and Ecological Management Plan (Report ref 200611_P1502_LEMP) submitted as part of this Reserved Matters application, both prepared by ead Ecology and dated June 2020, are considered acceptable pursuant to Condition 18 of planning approval ref no. 17/1148/OUT. Obviously the implementation and maintenance elements of the condition remain to be complied on an on-going basis.

6)    The detailed design of the proposed permanent and construction phase surface water drainage management scheme to serve the development is not hereby approved. Your attention is drawn to conditions 9 and 10 of the outline approval ref 17/1148/OUT in relation to these matters, and the need to submit, and have approved, appropriate details to discharge these conditions prior to the commencement of the development.

 

and further RESOLVED that,

 

B)   the Service Lead City Development be authorised to REFUSE planning permission if the legal agreement under Section 106 Agreement under the Town and Country Planning Act 1990 (as amended) is not completed by 22 August 2021 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 the following matters-

 

·         Contribution of £37,500 towards enhancement of older age play provision and accessibility/footpath improvements within Topsham Recreation Ground

 

the proposal fails to provide adequate open space provision to meet the needs of potential residents and is contrary to Exeter Local Development Framework Core Strategy 2012 Objectives 3, 6 and 10, Policy CP18, Exeter Local Plan First Review 1995-2011 saved Policy DG5.