Agenda item

To consider the report of the Director Planning and Development

 

The Principal Project Manager (Development) (MH) presented the outline planning application for the construction of up to 285 dwellings with all matters reserved for future consideration (Access, Appearance, Landscaping, Layout and Scale).

 

The Principal Project Manager (Development) (MH) described the layout and location of the site through the site location plans, aerial views and photos of the site and panoramic views from and to other parts of the city, the report presented setting out the following key issues:-

 

·         principle of development;

·         access and impact on local highways and parking provision;

·         affordable housing;

·         scale, design, impact on character and appearance

·         impact on trees and biodiversity;

·         impact on heritage assets;

·         flood risk and surface water management;

·         sustainable construction and energy conservation;

·         economic benefits; and

·         CIL, Section 106.

 

The Principal Project Manager (Development) (MH) provided the following additional detail:-

 

·         the outline application was for planning permission for up to 285 dwellings with all matters reserved, including detailed access arrangements/design. Although access was also a reserved matter, details of potential access points to serve the development were provided. The development would be accessed via connections into the road network forming part of the wider Hill Barton development that have been, or are being, delivered as part of other consented phases of the development. These roads lead back to Hill Barton Road. In line with the Hill Barton Masterplan, the layout facilitates a further road connection to Oberon Road;

·         details of the site in relation to the Local Plan First Review 1995-2011 Proposals Mao including the Landscape Setting designation (Policy LS1) and the Exeter Local Development Framework Core Strategy adopted 21 February 2021 - Plan 2: Monkerton/Hill Barton Strategic Allocation Policy CP19;

·         a plan showing the application site in relation to adjoining sites showing earlier phases built out pursuant to original outline consent, the consented Persimmon and Vistry sites both under construction and a site allocated for a local centre in the originally consented overall scheme but not built;

·         35% affordable housing to be provided;

·         the proposal would also provide open space which will include a Multi-use Games Area (MUGA) and other equipped play areas. A proposed open space strategy was set out on the illustrative layout plan showing a distribution of open space and play areas across the site, the open space area totalling slightly in excess of 12% across the whole of the previous outline consent site area; and

·         the development would be connected to the district heating network.

 

The Principal Project Manager (Development) (MH) reported changes to the wording of conditions 10 and 15 and the receipt of a late representation objecting to the application, summarising the following main elements of that representation:-

 

·         application should be subject to an environmental impact statement as an Environmental Impact Assessment development;

·         question the impact of the scheme on traffic, air quality and noise perspectives;

·         how will the scheme be delivered without a link to Oberon Road, as otherwise the impact on the three matters above could be worse than envisaged?;

·         with a lack of retail facilities, rail station and bus routes and a link to Oberon Road, the development would be contrary to the Development Plan and a fundamental change to the Exeter Access Strategy for the Hill Barton Area; and 

·         any decision to approve would be legally challengeable.

 

The Principal Project Development (Manager) (MH) in response stated that:-

 

·         the traffic, air quality and noise impact issues referred to had all been appropriately considered;

·         no objections had been received from Environmental Health, the Highways Authority and National Highways, formerly Highways England;

·         the original outline application environmental statement referred to up to 750 dwellings, the current upper maximum total for all sites of 813 was not considered to be a significant increase nor trigger a need for an environmental statement;

·         the Highways Authority, in a late representation, had stated that the Hill Barton Roundabout could accommodate up to 850 dwellings and there was also an alterntive access into the site via Peppercombe Avenue;

·         the view of the Highway Authority was that, whilst a link to Oberon Road had merit, particulary for pedestrains and cyclist, it was not essential for the development to proceed; and

·         the scheme did not preclude a link to Oberon Road and conditions would facilitate it.

 

The Principal Project Manager (Development) (MH) in conclusion stated that the site was allocated with the Core Strategy for residential development and therefore the principle of development was considered to be acceptable. The site has previously benefitted from an outline consent for residential development as part of a wider site, large parts of which had already been constructed.

 

The following responses were given to Members’ queries:-

 

·         the hedgerow was not included in the area of open space;

·         the application was outline and details were illustrative only and not definitive in terms of the ultimate detailed site layout which would be subject to further approval via a reserved matters application. This would include house quality and road layout/widths. The informative for the outline approval included reference to the need for the developer to show that a total of up to 285 dwellings would be achieved to an acceptable high quality design standard in line with local policy and national advice relating to design matters;

·         regarding fundamental concerns raised in respect of the application being a car led development, these matters would also be considered at reserved matters stage. The developer would need to show at reserved matters stage a quality delivery which was not car led;

·         the play areas proposed at the top and bottom of the site were consistent with the overall open space provision with similar plans for across the other constituent sites for Hill Barton and which were considered acceptable;

·         there was no plan for a further air quality report as the earlier report had  considered the cumulative impact on air quality across the constituent sites and Environmental Heath had raised no objection;

·         there was at present no proposal for a community facility and this was consistent with the original outline consent for the Hill Barton area;

·         there was a potential link to Oberon Road and the conditions included a requirement to build up to the boundary but did not have to connect beyond that boundary;

·         the density of development would be very similar to the adjoining Vistry development and that should additional number of dwellings be sought, a new application would be required;

·         there was no specific community hall envisaged for the Hill Barton area; and

·         the completion of the total open space provision had been timetabled for the end of the final development and would be accessible to all residents of the areas.

 

The Service Lead City Development explained how the development had been considered with regard to the Town and Country Planning (Environmental Impact Assessment) Regulations 2017. Schedule 2, Section 10(b) “Urban Development” which was relevant as the proposed development site was over five hectares and 150 dwellings, two of the thresholds set out in the Schedule. As such, the Council was bound to judge the proposal and to determine whether it required an Environmental Statement. The key relevant environmental considerations had been addressed in the documentation submitted with the application, had been fully assessed as part of the planning process, and it had been determined that there was no requirement for an Environmental Statement.

 

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

 

·         the application presented the last opportunity to examine if the original proposals within the Monkerton Master Plan had been delivered with reference also to Devon County Council’s Pinhoe Area Access Strategy of 2013 amended in 2019. There remained a number of concerns;

·         the link to Oberon Road was vital as there was currently no eastern entry to the developments resulting in routes via the west of the site to access the northern and southern routes along the M5;

·         the introduction of a half hourly train service from Pinhoe Station and the provision of a Hill Barton rail halt were some years away;

·         £500,000 had been allocated for a travel plan to provide facilities for cycles and pedestrians and an improved bus service. However, the latter was stymied by severe operational difficulties being experienced by Stagecoach leading to a recent Exeter Highways and Traffic Orders Committee declaring Exeter’s bus service unfit for purpose; and

·         failure to deliver allotments and playing fields and a need to ensure the provision of play areas as set out in the recommendation.

 

Peter Salter spoke in support of the application. He raised the following points:-

 

·         thanked the officer for his work on the application;

·         the application was the final part of the overall Master Plan for the Hill Barton area;

·         it would contribute to the development of the Ridge Line Park, an integral part of the Master Plan;

·         it would make a significant contribution to Exeter’s housing supply;

·         up to 100 affordable houses would be provided, 70 for social rent; and

·         substantial contributions would be made to education, transport and habitat mitigation measures.

 

He responded as follows to Members’ queries.

 

·         a road connection would be provided up to the proposed link to Oberon Road. As the County Council was seeking to deliver a wider strategic network it was understood that the County would need to compulsory purchase land to facilitate the link;

·         allotments were not included within the scheme; and

·         total open space provision was 10%, the overall provision across all sites was 12%.

 

Members expressed the following views:-

 

·         noted that the application was outline and that the Chair had given an undertaking that the reserved matters application would be considered by this Committee;

·         concerns regarding a number of issues relating to the development appearing to be car led including long stretches of parking in front of dwellings throughout the majority of the roads depicted, a small number of communal parking courts and the appearance of a very vehicle dominated layout lacking sufficient urban design quality;

·         285 dwellings should be acknowledged as a maximum and that to achieve this significant further design work and justification would be required as part of any reserved matter proposals which may necessitate a different design approach to that depicted in the current outline layout;

·         in respect of fundamental concerns raised regarding a car led development, all matters would be considered at reserved matters stage;

·         welcome the 35% commitment to affordable housing as part of the development; and

·         with regard to the absence of any proposal to provide the local centre, a wider mechanism was required for local Members to be consulted to ensure local facilities are delivered as part of housing developments.

 

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

 

The recommendation was moved by Councillor Morse and seconded by Councillor Williams and, following a vote, was carried unanimously.

 

RESOLVED that:-

 

1)    subject to a Section 106 Agreement under the Town and Country Planning Act  Planning Act 1990 (as amended) to secure the following (as deemed appropriate following negotiations and conclusion of the viability process):-

 

·         35% affordable housing (at least 25% First Homes, 70% social rented and the remaining balance as intermediate), 5% wheelchair accessible, mix of dwelling types, cluster sizes;

• District Heating obligations;
• Public open space, including quantum, including quantum, play facilities (NEAP, LEAP and MUGA) – specifications, delivery triggers, public access and management arrangements;
• £166,349 towards patient space at GP Surgeries (£584 per dwelling)
• £186,117 contribution towards Special Education Needs provision (£653.04 per family type dwelling);
• £1,033,928 contribution towards new secondary school provision at South West Exeter (£3,627.82 per family type dwelling);
• £550,568.70 Transport Contribution to mitigate the transportation impacts of the development (£1,931.82 per dwelling); and
• Habitats Mitigation Contribution - £1,130 per affordable housing dwelling in respect of which CIL Social Housing Relief is granted.

 

All Section 106 contributions to be index-linked from the date of resolution

 

the Service Lead (City Development) be authorised to GRANT planning permission for construction of up to 285 dwellings with all matters reserved for future consideration (Access, Appearance, Landscaping, Layout and Scale), subject also to the following conditions:-

 

 

1)         Application for the approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development hereby permitted must be begun not later than two years from the final approval of the last of the reserved matters to be approved.

Reason: To comply with Section 92 rule 2 of the Town and Country Planning Act 1990 as amended.

 

2)         Pre-commencement condition: Prior to the submission of any 'reserved matters' application pursuant to this outline planning permission a phasing scheme for the delivery of the development shall be submitted to and be approved in writing by the Local Planning Authority. The phasing scheme shall identify the phases in which the development shall be constructed and thereafter, unless otherwise agreed in writing by the Local Planning Authority, the development shall be implemented in accordance with the approved phasing scheme.

Reason for Pre-commencement condition: To allow for the phased development of the site and phased discharge of certain conditions as set out in this decision notice.

 

3)         Pre-commencement condition: In respect of any individual phase identified pursuant to condition no. 2 of this outline planning permission details of the access, appearance, landscaping, layout, and scale of that phase, (hereinafter called the reserved matters) shall be submitted to and approved in writing by the local planning authority before any development of that phase begins and the development shall be carried out as approved.

Reason for pre-commencement condition: To safeguard the rights of the local planning authority in respect of the reserved matters. This information is required before development commences to ensure that the development is properly planned with appropriate regard to the reserved matters.

 

4)         Pre- Commencement Condition - Prior to or as part of the Reserved Matters, the following information shall be submitted to and approved in writing by the Local Planning Authority:

(a) A detailed drainage design based upon the approved Flood Risk Assessment, Hill Barton Road, Exeter, Northern Catchment, dated 8th March 2021

(b) Detailed proposals for the management of surface water and silt run-off from the site during construction of the development hereby permitted.

(c) Proposals for the adoption and maintenance of the permanent surface water drainage system.

(d) A plan indicating how exceedance flows will be safely managed at the site.

No building hereby permitted shall be occupied until the works have been approved and implemented in accordance with the details under (a) - (d) above.

Reason for Pre-Commencement Condition: The above conditions are required to ensure the proposed surface water drainage system will operate effectively and will not cause an increase in flood risk either on the site, adjacent land or downstream in line with SuDS for Devon Guidance (2017) and national policies, including NPPF and PPG. The conditions should be pre-commencement since it is essential that the proposed surface water drainage system is shown to be feasible before works begin to avoid redesign / unnecessary delays during construction when site layout is fixed.

 

5)         Pre-commencement condition: No development related works shall take place within the site until a programme of archaeological works have been approved in writing by the Local Planning Authority. 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.

 

6)         Pre-Commencement condition: Any reserved matters application submitted pursuant to the outline consent hereby approved for a phase identified pursuant to condition no. 2 which incorporates the spine road must include a detailed design of the spine road which allows for a future link to Oberon Road. Development shall not be commenced until such details have been agreed in writing by the Local Planning Authority in consultation with the Local Highway Authority. Prior to the occupation of the 100th Dwelling, or such other trigger point that shall have been agreed in writing by the Local Planning Authority in consultation with the Local Highway Authority, the said road shall be constructed up to the ownership boundary of the site in accordance with the submitted details. 

Reason for pre-Commencement Condition: To enable a future vehicle link to Oberon Road in compliance with the Hill Barton and Monkerton Masterplan

 

7)         Pre-commencement condition: 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 (in consultation with the Met Office). The statement should include details of include details of how vehicles, machinery and other equipment involved in the construction phases of the scheme will be deployed and managed to prevent interference and obstruction to Met Office satellite reception facility in relation to its operational schedule, access arrangements, measures to minimise the impact on the adjacent footpath, timings of the proposed works and shall also 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 monitor and control the emission of dust and dirt during construction.

h) No burning on site during construction or site preparation works.

i) Measures to monitor and minimise noise/vibration nuisance to neighbours and the Met Office from plant and machinery.

j) Construction working hours and deliveries from 8:00 to 18:00 Monday to Friday, 8:00 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 for pre-commencement condition: In the interest of the environment of the site and surrounding areas and to ensure that the potential impacts of the construction works on Met Office satellite reception facility are properly considered and addressed at the earliest possible stage. 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.

 

8)         Pre-commencement condition: Prior to the commencement of development a Biodiversity Mitigation and Enhancement Plan (BMEP) which demonstrates how the proposed development will be managed in perpetuity to enhance wildlife, together with a programme of implementation, shall be submitted to and approved in writing by the Local Planning Authority. The BEMP will be expected to incorporate the mitigation and enhancement measures set out in the Executive Summary and Section 6 of the submitted Ecological Impact Assessment (Ref 0852-EclA-LY) dated December 2020 prepared by GE Consulting. The development shall be implemented and maintained in accordance with the approved Plan and programme of implementation.

Reason for Pre-commencement condition:  In the interests of protecting and improving existing, and creating new wildlife habitats in the area.

 

9)         Pre-commencement condition: 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. A photographic record of any trees, hedges on site shall be taken prior to any felling working being undertaken. An arboricultural report shall be submitted to and approved in writing prior to the commencement of any works to existing trees, shrubs and or hedges.

Reason for Pre-commencement condition: To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

 

10)       Pre-commencement condition: No materials shall be brought onto the site of any phase identified pursuant to condition 2 of this approval, nor any development commenced within such identified phase, until the developer has erected tree protective fencing around all trees, hedges or shrubs to be retained within the respective phase, 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.

 

11)       Pre commencement condition: 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 for pre-commencement condition: 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.

 

12)       Pre-commencement condition: No development shall commence until details of the open space, play provision (including NEAP, LEAP and MUGA) and associated landscaping, including a programme for its installation and maintenance has been submitted to and approved in writing by the local planning authority and thereafter installed to an agreed timescale and maintained in accordance with the agreed details.

Reason for Pre-commencement condition: In the interests of residential amenity.

 

13)       The open space and play facilities shall be completed and made available for use in accordance with the delivery triggers set out on drawing no. HB/POSPP/3 Rev V3 entitled “Open Space Phasing Plan” unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that the facilities necessary to serve the recreational needs of the future occupants of the dwellings comprised in the development are provided in accordance with an agreed timeframe.

 

14)       Pre commencement condition: No development shall take place on site until a full investigation of the site has taken place to determine the extent of, and risk posed by, any contamination of the land and the results, together with any remedial works necessary, have been agreed in writing by the Local Planning Authority. The buildings shall not be occupied until the approved remedial works have been implemented and a remediation statement submitted to the Local Planning Authority detailing what contamination has been found and how it has been dealt with together with confirmation that no unacceptable risks remain.

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.

 

15)       Any reserved matters application submitted pursuant to the outline consent hereby approved which relates to a phase identified pursuant to condition 2 that includes the spine road must provide an LTN 1/20 compliant crossing of the spine road. Development shall not be commenced until such details have been agreed in writing by the Local Planning Authority in consultation with the Local Highway Authority. The timeframe for delivery of the said crossing shall be agreed in writing by the Local Planning Authority in consultation with the Local Highway Authority prior to the commencement of development on the phase within which the crossing is located, and the said crossing facilities shall be provided in accordance with the approved details.

Reason: To provide a safe and suitable access in accordance with paragraphs 108 and 110 of the National Planning Policy Framework and ECC Core Strategy CP9.

 

 

16)       Any reserved matters applications submitted pursuant to the outline consent hereby approved shall incorporate within the layout pedestrian/cycle links as indicated on Drawing Number PP/AP/01 (Parameters Plan for Access and Permeability) for consideration as part of the reserved matters application. The said pedestrian/cycle connection points within any phase identified pursuant to condition no. 2 shall thereafter be constructed in accordance with a timescale that shall be agreed in writing by the Local Planning Authority in consultation with the Local Highway Authority prior to the commencement of the construction of that phase.

Reason: To provide a safe and suitable access in accordance with paragraphs 108 and 110 of the National Planning Policy Framework and ECC Core Strategy CP9.

 

17)       No part of the development within any phase identified pursuant to condition no. 2 shall be brought into its intended use until the vehicular access points and adjacent footway/cycleway serving that phase, as indicated on Drawing Numbers 3000 Rev K and PP/AP/01 (Parameters Plan for Access and Permeability), have been provided in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority as part of any Reserved Matters Applications.

Reason: To provide a safe and suitable access in accordance with paragraphs 108 and 110 of the National Planning Policy Framework and ECC Core Strategy CP9.

 

18)       Prior to the construction of the foundations of any dwelling within any phase identified pursuant to condition no.2 of this consent, the Design SAP calculations of the dwellings comprising that phase shall be submitted to and approved in writing by the Local Planning Authority, which shall demonstrate that the dwellings will achieve a 19% reduction in CO2 emissions in relation to the level required to meet the 2013 Building Regulations. No individual dwelling shall be occupied until the As-Built SAP calculation of the dwelling has been submitted to and approved in writing by the Local Planning Authority to confirm that a 19% reduction in CO2 emissions in relation to the level required to meet the 2013 Building Regulations has been achieved.

Reason: To ensure the dwellings will achieve the energy performance standard required by Policy CP15 of the Core Strategy, taking into account the Written Ministerial Statement on Plan Making (25 March 2015) requiring local planning authorities not to exceed the equivalent of the energy requirement of Level 4 of the Code for Sustainable Homes, in the interests of reducing greenhouse gas emissions and delivering sustainable development. (Advice: Please see Paragraph: 012 ID: 6-012-20190315 of the National Planning Practice Guidance on Climate Change for background information.)

 

19)       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.

 

20)       Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended), and any Order revoking or 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 the permission: -

Part 1, Class A extensions and alterations

Part 1, Classes B and C roof addition and alteration

Part 1, Class E buildings incidental to the enjoyment of the dwellings house

Reason - To ensure adequate protection from risk of physical blocking of Met Office satellite reception facility.

 

21)       Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended), and any Order revoking or re-enacting that Order with or without modification, no mobile base stations shall be erected within the development.

Reason - to ensure adequate protection from the potential of physical blocking and radio frequency interference to the Met Office satellite reception facility.

 

22)       No tree shall be planted as part of the landscaping scheme for the site until the Local Planning Authority (in consultation with the Met Office) has approved in writing provisions within a 'Landscape Management & Maintenance Plan' to ensure that new tree planting shall only include species which are expected to reach a height at maturity of no higher than the ridge height of the dwellings as shown on any Proposed Roof Height Plan submitted as part of any reserved matter application submitted pursuant to this outline permission, and that long term management provisions are in place to ensure that all trees and hedgerows provided as part of the landscaping scheme will be managed at a height so as not to cause unacceptable interference to Met Office satellite reception facility at Met Office.

Reason - to ensure adequate protection from risk of physical blocking of Met Office satellite reception facility.

 

23)       Any application for approval of Reserved Matters submitted pursuant to this outline permission shall be accompanied by an Electric Vehicle Charging Strategy that demonstrates how provision will be made to ensure that appropriate provision of electric vehicle charging infrastructure is provided within development. Thereafter the development shall be implemented in accordance with the approved details.

Reason - To ensure that the development incorporates appropriate provision in recognition of the Council's Net Zero Exeter 2030 Plan and the National move towards electric vehicles and the promotion of sustainable modes of transport.

 

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)         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)         Further to the letter dated 9th March 2022 from HB Land Ltd on behalf of the Hill Barton Consortium acknowledging that the application seeks permission for up to 285 dwellings and the need for the layout to demonstrate an acceptable level of urban design, your attention is drawn to the fact that the illustrative layout (drawing no. 3000 Rev K – Outline Masterplan Layout) submitted as part of the outline application (within which all matters are reserved for subsequent approval) is not considered to constitute a high quality design led layout that would comply with both local and National polices relating to design matters. Consequently your attention is drawn to the need for any subsequent 'reserved matter' applications to demonstrate a high quality urban design approach to justify the ultimate number of dwellings proposed that reflects local development plan design policies/guidance and national advice contained within the NPPF (chapter 12) and relevant Planning Practice Guidance, the National Design Guide and National Model Design Code.

 

6)         The applicants attention is drawn to the need to meet the Exeter Airport Aerodrome Safeguarding criteria as contained in the Airport Operators Association (AOA) Advice note 4 - 'Cranes and other Construction Issues'.

 

7)         The applicant is advised that they should contact the Met Office to discuss specific issues regarding their operational requirements as part of the development of future reserved matter applications to ensure that any proposals adequately address potential impacts on the Met Office's operational capabilities arising from the development to avoid the need for significant changes to proposals post formal submission.

 

2)    And further RESOLVED that:-

 

The Service Lead (City Development) be authorised to refuse planning permission for the reasons set out below if terms of a Legal Agreement under Section 106 of the Town and Country Planning Ac 1990 (as amended) is not competed by 25 October 2022 or such extended times as agreed in writing by the Service Lead (City Development) or if an affordable housing contribution cannot be agreed:-

 

 

1)    In the absence of a Section 106 legal agreement in terms that are satisfactory to the Local Planning Authority which makes provision for the following matters –

 

·         35% affordable housing (at least 25% First Homes, 70% social rented and the remaining balance as intermediate), 5% wheelchair accessible, mix of dwelling types, cluster sizes.

·         District Heating obligations

·         Public open space, including play facilities – specifications, delivery triggers, public access, management arrangements

·         £166,349 towards patient space at GP Surgeries (£584 per dwelling)

·         £186,117 contribution towards Special Education Needs provision (£653.04 per family type dwelling)

·         £1,033,928 contribution towards new secondary school provision at South West Exeter (£3,627.82 per family type dwelling)

·         £550,568.70 Transport Contribution to mitigate the transportation impacts of the development (£1931.82 per dwelling)

·         Habitats Mitigation Contribution - £1130 per affordable housing dwelling in respect of which CIL Social Housing Relief is granted.

The proposal is contrary to Exeter Local Development Framework Core Strategy 2012 Objectives 1, 3, 5, 6 and 10, policies CP4, CP5, CP7, CP9, CP10, CP13, CP16, CP17, CP18 and CP19, Exeter Local Plan First Review 1995-2011 saved policies AP1, T1, T3 and DG5, and Exeter City Council Affordable Housing Supplementary Planning Document 2014.