Agenda item

To consider the report of the Director City Development.

 

The Assistant Service Lead – Development Management (Major Projects) presented the outline planning application for demolition of existing structures and construction of up to 30 no. residential units and associated infrastructure (Means of access to be determined with scale, layout, appearance and landscaping reserved for future consideration).

 

The report also set out the following key elements:-

 

·         principle of development;

·         access and impact on local highways;

·         affordable housing;

·         noise;

·         archaeology;

·         impact on air quality;

·         contaminated land;

·         impact on trees and biodiversity;

·         flood risk and surface water management;

·         sustainable construction and energy conservation;

·         CIL/Section 106; and

·         Development Plan, material considerations and presumption in favour of sustainable development.

 

The Assistant Service Lead – Development Management (Major Projects) described the location of the site through photos, aerial views and an illustrative site layout plan, the photos showing in particular the views of Newcourt Road, the location of existing and proposed footpaths and current parking provided and views into the site from the existing access. In setting out the historical planning context, he provided the following additional detail:-

 

·         the proposal was to develop the site for up to 30 dwellings, 35% of which will be affordable housing, and associated infrastructure. The application has been submitted in outline with all matters reserved except access. Vehicular access would be provided from Newcourt Road towards the south of the site, with adjoining two metres wide footways;

·         recently granted permissions had been for 16, 27 and 7 dwellings respectively with a further dwelling granted for the larger of these sites and a single dwelling granted further south along Newcourt Road, the majority having been implemented;

·         Newcourt Road was a no through road with vehicular access from Denver Road, 680 metres southeast of the site. The road had no footways adjacent to the site or to the south for approximately 170 metres;

·         an existing pedestrian, cycle link linking Newcourt Road southwards to Topsham Road;

·         the site was proposed to be allocated for housing together with the adjacent field to the southeast in the new Exeter Plan; and

·         as an outline application, the developer will be required to submit further proposals to the Exeter Design Quality Partnership (EDQP) before submitting reserved matters details for formal approval.

 

The Assistant Service Lead - Development Management (Major Projects) referred to two late objections, both of which objected to the application because of the impact on the safety and functionality of Newcourt Road and because, in their view, the Traffic Assessment provided by the applicant misleadingly referred to the 2018 traffic survey which was taken before a number of housing developments along Newcourt Road were approved and developed. The Assistant Service Lead - Development Management (Major Projects) advised that the applicant’s traffic assessment was acceptable to the County Council’s Highways Officer.

 

The following responses were given to Members’ queries:-

 

·         standard consultations had been undertaken with South West Water who had not objected and had not raised concerns with the issue of foul sewage;

·         a footpath would be constructed in front of the development of 16 properties and would connect to the adjoining footpath leading to Topsham Road;

·         the Highways Officer had not objected to the application and, because there was not a high level of traffic on Newcourt Road compared with other roads, the absence of a footpath on some sections was not considered to impact adversely on safety. The cumulative impact of developments had also been taken into account;

·         the intention was to provide a play park for the wider area;

·         the cars shown on Newcourt Road in front of the site for seven dwellings most likely related to construction work being undertaken; and

·         whilst it was possible to seek from the developer additional improvements to Newcourt Road, this could not be imposed on a third party such as Devon County Council.

 

Mr Fitzpatrick, speaking against the application, raised the following points:-

 

·         Newcourt Road is a narrow single-track country-style lane with extremely restricted blind corners and no footways on the majority of it, with a single entry/exit on to Denver Road and is much used by school children cycling to school, by cycling commuters and by walkers across Newcourt and Exeter;

·         the road is already dangerous and clogged at peak times. Children on scooters and in prams share the same few metres of tarmac with cars and vans and heavy goods vehicles and traffic is gridlocked. Garden walls are hit repeatedly. Housing in Newcourt Road has increased by more than 50% in the last three years with more planned;

·         the projected traffic numbers from the developers are unrealistic - eight movements in each peak out of 76 new cars, that  is, only four in and four out at the busiest hour of the day. More problematic, is the base total of existing traffic. This eight is added to data of a handful of intermittent hours on a damp day in 2018, crucially before all the new developments were built. Two sample surveys show a much more substantial base load of vehicles using the road. The totals are well beyond the County Council Highways’ projections which is data that cannot be relied on;

·         the application should be deferred and more evidence obtained. It would be irresponsible and negligent to proceed with the outdated developer evidence; and

·         development would destroy one of the last pieces of visual amenity, make the road unsafe, go against City Council strategy, crush sustainable travel, rip out ecology, ruin the character of the area, and pile more pressure on roads, schools, doctors on top of the significant wave to come. If refused or deferred a clearer picture on housing targets will have emerged.

 

He responded as follows to Members’ queries:-

 

·         the concerns regarding safety relate to the zero visibility along a number of stretches, many existing houses open out directly onto Newcourt Road and pedestrians, including those with prams and young children, are pushed back by the force of the traffic;  

·         the evidence provided by the applicant is unreliable as it references the 2018 traffic survey and there has therefore been no extrapolation of the cumulative impact of additional housing since that time;

·         there is no speed watching group for the road and, although the speed limit is not enforced, the reality is that, because of the nature of the road, speeds rarely exceed 20mph;

·         whilst traffic calming measures can restrict speed, road humps might lead to cars veering closer to the margins of the road, thereby increasing hazards for the public; and

·         the nearest play areas are those near the railway station and on the Topsham Recreation Ground.

 

Mr Lovell, speaking in support of the application, raised the following points:-

 

·         the City Council has a clear aim to make Exeter a Net Zero Carbon City and has adopted progressive policies to achieve that aim. The homes proposed in this application support that goal and will be built as Zero Carbon Homes. These will be amongst the greenest homes built anywhere around Exeter;

·         Heritage Homes are a local housebuilding company with a track record for delivering high quality sustainable homes and a steady supply of building land is needed in and around the City, with planning permission available in a timely manner, in order to provide employment for more than 200 local people. Approval of this application will assist greatly to secure their continued employment.

·         with regard to highways, a very last minute objection has been submitted with unsubstantiated and misleading figures purporting to show traffic movements in Newcourt Road;

·         the information submitted has not been produced by a qualified traffic consultant and do not add up correctly. The information submitted has counted pedestrian and cyclists as vehicle movements which is incorrect;

·         the report sets out reasons why the application should not be refused on Highways grounds. There is good visibility along Newcourt Road and, even after this development is built, the vehicle usage of the road will stay withinboth National and Devon County Highways standards for a Shared Surface Access Road.

·         Devon County Highways have confirmed categorically that they have no highways safety issues with this application. Nevertheless, in response to a request from the Planning Officer, a pavement had been added around the access to the site and along the entire frontage, inside of the retained hedge, in order to future-proof Newcourt Road for any further future development.

 

He responded as follows to Members’ queries:-

 

·         because of a dip in the Newcourt Road levels some of the developments were not directly connected to the foul sewage network and therefore  foul sewerage was pumped to this network;

·         negotiations had been undertaken with adjacent land owners regarding foul sewerage provision and future foul drainage would be provided for other developers to connect; and

·         play facilities could also be provided within the development as part of the undertaking to provide play facilities in the wider area, recognising that these would be brought forward within reserved matters.

 

The Principal Highway Development Management Officer responded as follows to Members’ queries:-

 

·         there had been no accidents in the last five years, the period within which the Highways Team assessed road networks, although minor scrapes and bumps may occur but are not recorded;

·         with pavements to the front of recent developments, only small sections of the road do not have a pavement. Newcourt Road is designated a shared surface access road including pedestrians and cyclists;

·         the vehicle movements along the road are less than half national planning policy guidelines and, accordingly there were no highway safety issues and no requirement for traffic calming measures;

·         account has been taken of the cumulative impact of successive housing developments; and

·         the Highways team look at am and pm figures and the figures provided within the applicant’s traffic assessment are acceptable and also take account of future assessments.

 

Members expressed the following views:-

 

·         welcome the commitment to Net Zero provision;

·         Devon County Council should be requested to provide a traffic management scheme;

·         it is surprising that the Highways Authority have not introduced a traffic management plan in light of the cumulative housing developments and this issue can be raised at the Exeter Highways and Traffic Orders Committee; and

·         welcome the provision of affordable housing and the commitment to provide a pavement and it is hoped that other developments will similarly ensure pavement provision.

 

The recommendation was for approval, subject to a Section 106 Legal Agreement and the conditions as set out in the update sheet with an informative to be added advising that the applicant would be expected to make arrangements to provide future foul drainage to facilitate connection to other developments. A Member asked that Devon County Council be requested to review road safety urgently in light of the developments and to come up with a long term solution. The Chair advised that the matter was also to be taken up by the Devon County Council Member of the Exeter Highways and Traffic Orders Committee.

 

The recommendation was moved and seconded voted upon and carried.

 

RESOLVED A that, subject to a Section 106 Agreement under the Town and Country Planning Act  Planning Act 1990 (as amended) to secure the following:-

 

·         35% affordable housing (at least 70% social rent, 25% First Homes and any remainder as intermediate) plus a financial contribution for any fraction of a dwelling should the percentage of affordable housing not equate to a whole number – this will be calculated at reserved matters stage;

·         £511 per dwelling towards construction and maintenance of new play provision in locality;

·         £607 per dwelling for additional healthcare services provided by Royal Devon University Healthcare NHS Foundation Trust;

·         £584 per dwelling to provide additional capacity at local healthcare facilities in accordance with the comments by NHS Devon Clinical Commissioning Group CCG; and

·         £1,359.51 per affordable dwelling to mitigate the impact of the development on the Exe Estuary Special Protection Area (SPA) and the East Devon Pebblebed Heaths Special Area of Conservation (SAC) and SPA.

 

All Section 106 contributions to be index linked from the date of the decision.

 

the Director City Development be authorised to GRANT outline planning permission for demolition of existing structures and construction of up to 30 no. residential units and associated infrastructure (Means of access to be determined with scale, layout, appearance and landscaping reserved for future consideration) and, subject also to the following conditions:

 

1.            Reserved Matters

 

Details of the layout, scale, appearance and landscaping (hereinafter called the reserved matters) shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.

Reason: 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.

 

2.            Standard Time Limits – Outline Planning Permission

 

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.

 

3.            Approved Plans

 

The development hereby permitted shall be carried out on the land outlined in red on drawing number 1671/P100 ('Site Location Plan for Illustrative Purposes only') and shall not be carried out otherwise than in accordance with the plans listed below, unless modified by the other conditions of this consent:

 

·         Proposed shared use site access (205226/PD01 D)

Reason: To ensure compliance with the approved drawings.

 

4.            Surface Water Management

 

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)    Soakaway test results in accordance with BRE 365, groundwater monitoring results in line with Devon County Council groundwater monitoring policy and evidence that there is a low risk of groundwater re-emergence downslope of the site from any proposed soakaways or infiltration basins.

b)    A detailed drainage design based upon the approved Flood Risk Assessment & Drainage Strategy Report Ref 19040 - B dated May 2022 and the results of the information submitted in relation to (a) above

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

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

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

f)     Evidence there is agreement in principle from South West Water.

 

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

Reason: 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 condition 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.

 

Pre-commencement Details

 

5.            Archaeology

 

No development related works shall take place within the site until a written scheme of archaeological work has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include on-site work, and off site work such as the analysis, publication, and archiving of the results, together with a timetable for completion of each element. All works shall be carried out and completed in accordance with the approved scheme, unless otherwise agreed in writing by the Local Planning Authority.

Reason: 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.            Arboricultural Method Statement and Tree Protection Plan

 

No development (including ground works) or vegetation clearance works shall take place until an Arboricultural Method Statement and Tree Protection Plan have been submitted to and approved in writing by the Local Planning Authority. This information shall be prepared in accordance with BS 5837:2012 (‘Trees in relation to design, demolition and construction’), or any superseding British Standard, and include details of tree/hedgerow protection fencing, which must be erected prior to the commencement of the development and retained until the completion of the development. No vehicles, plant or materials shall be driven or placed within the areas enclosed by the fences. The approved Arboricultural Method Statement and Tree Protection Plan shall be adhered to throughout the construction of the development.

Reason: To protect the trees and hedgerows on and adjacent to the site to be retained in the interests of the amenities of the area and biodiversity, in accordance with saved Policy LS4 of the Exeter Local Plan First Review and the Trees in Relation to Development SPD (September 2009). These details are required pre-commencement as specified to ensure that trees and hedgerows to be retained are not damaged by building operations or vegetation removal, including their biodiversity interests.

 

7.            Updated Ecological Surveys

 

No development (including ground works) or vegetation clearance works shall take place until an Ecology Report has been submitted to and approved in writing by the Local Planning Authority. The report shall include the results of an updated Extended Phase 1 Habitat Survey and any protected species surveys that are recommended to be undertaken following this, and recommendations for avoiding/mitigating any impacts on protected species. It shall also include the results of a bat survey of the two sheds in the south corner of the site adjacent to Newcourt Road and recommendations for avoiding/mitigating impacts should bats be found. The avoidance/mitigation measures shall be implemented in full.

Reason: To ensure there will be no harm to protected species based on up-to-date survey information given the application is in outline and there is likely to be a delay between granting permission and the start of development. This information is required pre-commencement as specified to ensure that construction activities will not harm protected species.

 

8.            Construction and Environmental Management Plan (CEMP)

 

No development (including ground works) or vegetation clearance works shall take place until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall be prepared in accordance with clause 10 of BS 42020:2013 (‘Biodiversity – Code of practice for planning and development’), or any superseding British Standard, and include the following:

 

a)    Risk assessment of potentially damaging construction activities.

b)    Identification of “biodiversity protection zones”.

c)    Mitigation Method Statements, in accordance with the recommendations of the approved Ecology Report under condition 7.

d)    Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction.

e)    The location and timing of sensitive works to avoid harm to biodiversity features. This includes the use of protective fences, exclusion barriers and warning signs.

f)     The times during construction when specialist ecologists need to be present on site to monitor works to ensure compliance with the CEMP, and the actions that will be undertaken.

g)    Responsible persons and lines of communication.

h)    The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

 

The approved CEMP shall be adhered to and implemented throughout the construction period of the development strictly in accordance with the approved details.

Reason: To protectthe biodiversity of the site including protected species, taking into account the recommendations of the submitted Ecological Impact Assessment. A CEMP is required before any development begins to ensure that appropriate mitigation measures are identified and carried out during the construction phase.

 

9.            Construction Method Statement

 

Prior to the commencement of development a Construction Method Statement shall be submitted to and approved in writing by the Local Planning Authority. The Statement shall provide for:

 

Highways

 

·         Timetable of Works

·         Any road closure

·         Hours during which delivery and construction traffic will travel to and from the site, with such vehicular movements being restricted to between 08:00 and 18:00 Mondays to Fridays, 09:00 to 13:00 Saturdays and no such vehicular movements on Sundays or Bank/Public Holidays.

·         The number and sizes of vehicles visiting the site in connection with the development and the frequency of their visits.

·         The compound/location where all building materials, finished or unfinished products, parts, crates, packing materials and waste will be stored during the demolition and construction phases.

·         Areas on-site where delivery vehicles and construction traffic will load or unload building materials, finished or unfinished products, parts, crates, packing materials and waste with confirmation that no construction traffic or delivery vehicles will park on the County highway for loading or unloading purposes, unless prior written agreement has been given by the Local Planning Authority.

·         Hours during which no construction traffic will be present at the site.

·         The means of enclosure of the site during construction works.

·         Details of proposals to promote car sharing amongst construction staff in order to limit construction staff vehicles parking off-site.

·         Details of wheel washing facilities and obligations.

·         The proposed route of all construction traffic exceeding 7.5 tonnes.

·         Details of the amount and location of construction worker parking.

·         Photographic evidence of the condition of adjacent public highway prior to commencement of any work.

 

Environmental Health

 

·         Measures to monitor and control the emission of dust and dirt during construction.

·         No burning on site during construction or site preparation works.

·         Measures to monitor and minimise noise/vibration nuisance to neighbours from plant and machinery.

·         No driven piling, unless prior written agreement has been given by the Local Planning Authority.

·         Construction working hours between 08:00 and 18:00 Mondays to Fridays, 09:00 to 13:00 Saturdays and at no time on Sundays or Bank/Public Holidays only.

 

The approved Statement shall be strictly adhered to throughout the construction period of the development.

Reason: To ensure that the construction works are carried out in an appropriate manner to minimise the impact on the amenity of neighbouring uses and in the interests of the safety and convenience of highway users. These details are required pre-commencement as specified to ensure that building operations are carried out in an appropriate manner.

 

10.          Waste Audit Statement

 

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.

 

11.          Acoustic Design Statement

 

Prior to the commencement of the development hereby permitted, an Acoustic Design Statement shall be submitted to and approved in writing by the Local Planning Authority, including an assessment of overheating conditions. Any mitigation measures required for any of the dwellings shall be fully implemented prior to the occupation of the dwellings concerned and maintained thereafter.

Reason: To ensure sustainable acoustic and thermal comfort for the occupiers of the dwellings. This information is required pre-commencement as specified to ensure that any mitigation measures necessary are accounted for in the detailed design and construction of the development.

(Advice:  The Professional Practice Guidance Note (ProPG): Planning and Noise for New Residential Development May 2017 (ANC, IoA and CIEH) describes the expected content and approach of an Acoustic Design Statement. The ANC/IoA guidance ‘Acoustics Ventilation and Overheating: Residential Design Guide’ provides methods by which the overheating assessment can be conducted.)

 

During Construction

 

12.          Unexpected Contamination

 

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, and obtained written approval from the Local Planning Authority for an amended investigation and risk assessment and, where necessary, a remediation strategy and verification plan detailing how this unsuspected contamination shall be dealt with.

 

Following completion of measures identified in the approved remediation strategy and verification plan and prior to occupation of any part of the permitted development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority.

Reason: No site investigation can completely characterise a site. This condition is required to ensure that any unexpected contamination that is uncovered during remediation or other site works is dealt with appropriately.

 

Pre-specific Works

 

13.          Bird Nesting Season

 

No tree works or felling, cutting or removal of hedgerows or other vegetation clearance works shall be carried out on the site during the bird nesting season from March to September, inclusive. If this period cannot be avoided, these works shall not be carried out unless they are overseen by a suitably qualified ecologist and the reasons why have previously been submitted to and approved in writing by the Local Planning Authority, including the date of the intended works and the name and contact details of the ecologist. If nesting birds are found or suspected during the works, the works shall cease until the ecologist is satisfied that the nest sites have become inactive.

Reason: To protect nesting birds in accordance with saved Policy LS4 of the Exeter Local Plan First Review and paragraphs 179 and 180 of the NPPF (2021).

 

14.          Energy Performance Standard

 

Prior to the construction of the foundations of any dwelling hereby permitted, the Design SAP calculation(s) of the dwelling(s) shall be submitted to and approved in writing by the Local Planning Authority, which shall demonstrate that the dwelling(s) will achieve a 19% reduction in CO2 emissions in relation to the level required to meet the 2013 Building Regulations, or if the dwellings are constructed to the 2022 Building Regulations that a reduction in CO2 emissions at the levels (or higher) set out in Part L of the 2022 Building Regulations will be achieved. The measures necessary to achieve this CO2 saving shall thereafter be implemented. No 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 the CO2 reduction has been achieved.

Reason: To ensure the dwelling(s) 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.)

 

15.          Biodiversity Enhancement

 

Prior to the construction of any dwelling hereby permitted (except the foundations), a Biodiversity Enhancement Plan (BEP) shall be submitted to and approved in writing by the Local Planning Authority, taking into account the recommendations of the submitted Extended Phase 1 Habitat Survey & Preliminary Ecological Appraisal (November 2021). The biodiversity enhancement measures in the approved BEP shall be fully implemented as part of the development and retained at all times thereafter.

Reason: To enhance biodiversity on the site in accordance with paragraph 9.28 and Appendix 2 of the Residential Design Guide SPD, and paragraph 180 of the NPPF (2021).

 

16.          Nesting and Roosting Boxes

 

Prior to the construction of any dwelling hereby permitted (except the foundations), details of the provision for nesting birds and roosting bats in the built fabric of the dwellings shall be submitted to and approved in writing by the Local Planning Authority (with a minimum overall average ratio of 1 built-in nest/roost site per dwelling – provision can be more concentrated on dwellings in more suitable locations). The approved details shall be fully implemented as part of the development and retained thereafter.

Reason: To enhance biodiversity on the site in accordance with paragraph 9.28 and Appendix 2 of the Residential Design Guide SPD, and paragraph 180 of the NPPF (2021).

 

17.          External Lighting

 

No external lighting shall be installed on the site unless details of the lighting have previously been submitted to and approved in writing by the Local Planning Authority (including location, type and specification). The details shall demonstrate how the lighting has been designed to minimise impacts on local amenity and wildlife (including isoline drawings of lighting levels and mitigation if necessary). The lighting shall be installed in accordance with the approved details.

Reason: To ensure lighting is well designed to protect the amenities of the area and wildlife.

 

Pre-occupation

 

18.          Highways 2

 

Prior to the occupation of any dwelling hereby approved, provision shall be made within the site for the disposal of surface water so that none drains onto the County Highway, in accordance with details previously submitted to and approved in writing by the Local Planning Authority.

Reason: In the interest of public safety and to prevent damage to the highway.

 

19.          Highways 3

 

Prior to the occupation of any dwelling hereby approved, the access, visibility splays and access drainage shall be provided in accordance with details previously submitted to and approved in writing by the Local Planning Authority and shall be maintained as approved thereafter.

Reason: To ensure that adequate facilities are available for the traffic attracted to the site.

 

20.          Travel Plan

 

No part of the development shall be occupied until a Travel Plan (including recommendations and arrangements for monitoring and review) has been submitted to and approved in writing by the Local Planning Authority, in consultation with the Local Highway Authority. Thereafter the recommendations of the Travel Plan shall be implemented, monitored and reviewed in accordance with the approved document, or any amended document subsequently approved in writing by the Local Planning Authority.

Reason: To encourage travel by sustainable means, in accordance with saved Policy T3 of the Exeter Local Plan First Review and the Supplementary Planning Document (March 2013).

 

21.          Travel Pack

 

Prior to the first occupation of any dwelling hereby permitted, a travel pack shall be provided informing the 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 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.

 

22.          Cycle Parking

 

No dwelling shall be occupied until cycle parking has been provided for the dwelling in accordance with details previously submitted to and approved in writing by the Local Planning Authority. The parking shall accord with the minimum parking standards for residents in Table 2 of the Sustainable Transport SPD and be designed in accordance with the guidance contained therein. The cycle parking shall be maintained at all times thereafter.

Reason: To encourage cycling as a sustainable mode of transport in accordance with saved Policy T3 of the Exeter Local Plan First Review and the Sustainable Transport Supplementary Planning Document (March 2013).

 

23.          Car Parking

 

No dwelling shall be occupied until the car parking for the dwelling and access thereto has been provided and made available for use. The car parking provided shall be in accordance with the details set out in the Residential Design Guide SPD (including number of spaces, access and size) and shall be maintained at all times thereafter and kept permanently available for the purpose of car parking.

Reason: To ensure that adequate car parking is provided and maintained for the dwellings, in the interests of highway safety and to protect the amenities of the neighbourhood.

 

24.          Charging Points

 

Prior to occupation of any dwelling hereby approved a rapid charge Electric Vehicle charging point shall be provided for the dwelling at a level of 1 space per dwelling with off-street parking and 1 per 10 spaces for unallocated parking. The charging points shall be maintained at all times thereafter.

Reason: To mitigate environmental impacts from traffic emissions in accordance with Policy CP11 of the Core Strategy, taking into account good practice guidance in Land-Use Planning & Development Control: Planning for Air Quality (IAQM, January 2017) and paragraph 112e) of the NPPF (2021).

 

 

 

 

 

Further RESOLVED that B the Director 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 by 20 August 2023 or such extended time as agreed in writing by the Director City Development.

 

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 –

 

 

·         35% affordable housing (at least 70% social rent, 25% First Homes and any remainder as intermediate) plus a financial contribution for any fraction of a dwelling should the percentage of affordable housing not equate to a whole number – this will be calculated at reserved matters stage;

·         £511 per dwelling towards construction and maintenance of new play provision in locality;

·         £607 per dwelling for additional healthcare services provided by Royal Devon University Healthcare NHS Foundation Trust;

·         £584 per dwelling to provide additional capacity at local healthcare facilities in accordance with the comments by NHS Devon Clinical Commissioning Group CCG; and

·         £1,359.51 per affordable dwelling to mitigate the impact of the development on the Exe Estuary SPA and the East Devon Pebblebed Heaths SAC and SPA

 

the proposal is contrary to Exeter Core Strategy 2012 policies CP7, CP10, CP16 and CP18, Exeter Local Plan First Review 1995-2011 saved policy L4, and Exeter City Council Affordable Housing Supplementary Planning Document 2014 and Exeter City Council Public Open Space Supplementary Planning Document 2005.