Agenda item

To consider the report of the Director City Development.

 

The Service Lead City Development presented the planning application to construct 62 Retirement Apartments (Category II Type Sheltered Housing) with communal facilities and car parking (revised plans).

 

The Service Lead City Development described the location of the site through the site location plan, an aerial view, photos, floor plans and elevations, explaining that the site was bounded to the north, east and west by residential properties of a domestic scale, mainly confined to one and two storeys. The surrounding area was primarily residential. The site was currently occupied by Buckerell Lodge, which until recently had been operating as a hotel. The hotel had gone into administration following a difficult period due to the COVID-19 pandemic.

 

The report also sets out the following key elements:-

 

·         the principle of development;

·         scale, design, impact on character and appearance;

·         impact on amenities;

·         impact on landscape or heritage assets

·         access and parking; and

·         affordable housing.

 

The Service Lead City Development provided the following additional detail:-

 

·        revisions had been made to a previously refused scheme following consideration by the Design Review Panel;

·        planning consent was being sought to demolish the existing building and construct a three-storey U-shaped building with a flat roof across the north-eastern half of the site;

·        the development would provide 62 units of accommodation as older persons’ homes for ‘retirement living’. In total, there would be 23 two-bed apartments and 39 one-bedroom apartments. A communal lounge area would be provided on the ground floor. Communal amenity space would be provided at the front and rear of the building;

·        the site utilises the existing access from Topsham Road. To the eastern boundary would be the proposed car park, with 40 spaces offered, including two accessible parking spaces and an electric buggy store;

·         the financial contribution of £52,475 to primary and secondary healthcare was broken down as £16,128 and £36,347, respectively,  and

·         an additional condition to be added on the request of Devon County Council as the Lead Flood Authority for detailed design to be provided of surface water drainage.

 

The following responses were given to Members’ queries:-

 

·         an illustrative plan showing the relationship with the neighbourhood has been provided. It showed a drop-down of the western elevation to reflect the topography and a reduced impact on neighbours. The relationship with neighbours complied with design guidance in respect of any adverse effect relating to overbearing and overlooking; and

·         changes to the earlier scheme included setbacks and different materials and were acceptable to the Design Review Panel.

 

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

 

·         While the loss of a hotel on this site was regrettable, this is not pertinent to the decision. The Buckerell Lodge site is a valuable haven of trees, biodiversity and wildlife, but it has previously been developed, and it is generally accepted that it is a suitable site for homes. The St. Leonard’s community is not against the development of this site but seeks an appropriate development that is not harmful to the area;

·         is the application for 62 private flats in a three-storey building, replacing an existing low-rise building, an appropriate development, and the scale and massing do not differ to any significant extent from the original proposal previously refused;

·         one of the reasons for the refusal of the initial application was the lack of affordable housing provision. While it is good that a sum of money has been agreed as a contribution towards affordable homes elsewhere, this is not the same as providing affordable homes on this site;

·         the Devon Wildlife Consultant states, “Schedule 14 of the Environment Act 2021 will require a minimum 10% Biodiversity Net Gain (BNG) as a condition of planning permission in England”.  The development will likely result in a minor net gain in biodiversity on the site. Mitigations and enhancements must not be minimal or a potential loss over time through lack of ongoing management;

·         the proposal does not protect the character and amenities of the neighbourhood;

·         the original refusal cited the following - “The proposal is contrary to Objective 9 and policies CP4 and CP17 of the Exeter Local Development Framework Core Strategy, saved policies DG1(c), DG1(g), DG1(h), DG1(i), DG4(a) and DG6(a) of Exeter Local Plan and Exeter City Council Supplementary Planning Document: Residential Design 2010 because as a result of the size, massing, position and external appearance of the building, and the layout of the site, the proposed scheme would:- i) present an unduly large, unsympathetic and poorly designed form of development that would not fit comfortably within its plot or with the character of the local area; and, iv) represent an overdevelopment of the site to the detriment of the character and appearance of the local area;

·         the Urban Design and Landscaping comments obtained by the Council amplify the objections to the massing and character of the proposed development;

·         the replacement building has a larger footprint than the existing one, meaning that at its western end, it is substantially closer to eight existing dwellings on Barrack Road and one dwelling on Topsham Road, and the vertical massing means that the overall impact is greater three-dimensionally than that of the existing, pitched roofed building;

·         the Urban Design and Landscaping consultant agrees with the objection…in respect of the massing and general scale of the building. For me, the biggest question remaining is still about the overall scale of the building in relation to the site and neighbouring buildings.”;

·         a reduction of just three units and a minor alteration in architectural design address does not address the original objections. This development, if approved, would cause substantial harm to the visual and environmental amenities of the site, as well as to neighbouring homes and this part of the city;

·         having first refused an application on substantive material grounds, then subsequently accepting following the smallest of concessions sends the wrong message;

·         the proposal runs contrary to the Council’s Core Strategy and Local Plan, and

·         the Committee should demonstrate a continuing commitment to appropriate development around Topsham Road and to mitigating and minimising harm by refusing the application on the grounds of it being unsuitable and unsympathetic scale and overdevelopment in relation to the site, the neighbourhood and adjacent homes.

 

Mr Beacham speaking against the application raised the following points:-

 

·         am also representing neighbours, my wife and myself, having been residents of a property neighbouring the Buckerell Lodge Hotel since 1976 and having worked myself as Director of Heritage Protection at English Heritage and involved in many large-scale developments of sensitive historic sites in major English cities including with Exeter City Council and Land Securities to achieve the re-development of Princesshay;

·         the Buckerell Lodge Hotel site is an important survival of Exeter’s historical development, being one of a string of villas set in spacious landscaped grounds erected along the road from the city towards Topsham from the 18th Century onwards. Their defining character was that the building was subservient to its generous sylvan setting, which was richly planted. Some sense of a ‘villa in a wood’ is conveyed in the Lodgeelement of the name and its connection with the internationally important Royal Veitch Nurseries;

·         the objection is to the scale and its detrimental effect on both the intrinsic character of the site and the neighbourhood.  Achieving the number of residential units proposed requires a predominantly three-story structure occupying almost the full width of the site at its northern high point, up-ending the historic hierarchy, the proposed new structure dominating its setting rather than being subservient to it, adversely impacting its neighbourhood of modest single and two storied houses;

·         the City Council’s refusal letter of 21 January 2022 stated that the scheme would present an unduly large, unsympathetic and poorly designed form of development that would not fit comfortably within its plot or with the character of the local area and it would also represent an over development of the site to the detriment of the character and appearance of the local area. Nothing has changed, and

·         the reduction in residential units from 65 to 62 has a marginal effect. The core issue remains that the excessive scale of the proposed development is inappropriate for this important site. Therefore, the principal grounds of the City Council’s original refusal must stand.

 

He responded as follows to Members’ queries:-

 

·         whilst Buckerell Lodge was not listed, it did not necessarily mean that it did not have developable value as a site; and

·         the impact on the neighbourhood is understated as many adjacent properties are bungalows and semi-detached properties in Barrack Road, and the properties to the rear in Buckerell Avenue will face the three-storey element of the development instead of a green canopy.

 

Mr Bendinelli, speaking in support of the application, made the following points:-

 

·         the proposal has been carefully considered by the applicant following positive discussions with the Design Review panel after which it was refined in its detailing as well as reducing its footprint and massing;

·         the report concludes that the proposal is considered to be a sustainable development when balancing the development plan policies, National Planning Policy Framework 2021 policies, paragraph 11, National Planning Practice Guidance (NPPG), and the constraints and opportunities of the site;

·         benefits include an affordable housing contribution of £345,555 plus CIL of £312,747 and a Health Care Contribution of approximately £52,000;

·         the proposal  would meet the requirement of Policy H5 of the Local Plan and Policy CP5 of the Core Strategy in that it would meet a particular housing need for an ageing population. It will offer greater security and convenience and reduced feelings of isolation and vulnerability and will improve independence, health and well-being of residents;

·         most residents will have family and friends in the locality and can remain an important part of the local community;

·         there will be a reduced demand on public sector resources and health services. Residents have better and health and well-being and spend fewer nights in hospital, reducing impact upon NHS resources; and

·         it would release under occupied family homes and help boost local supply and help meet the Council’s five year housing land supply.

 

He responded as follows to Members’ queries:-

 

·         the lifts are located to the right hand side of the main entrance;

·         it is a typical design for a facility of this nature and is referenced in the Planning Officers’ Society’s Retirement Accommodation Guide;

·         the internal corridor with units to the side is a standard design and advice has been taken from independent architects;

·         the building design was refined after the earlier refusal and further modifications taken on board after consideration by the Design Review Panel. The top floor had been changed quite significantly and a reduction in units reduced the overall floor space by 330 square metres; 

·         the figure of £345,555 for affordable housing was reached after a viability assessment;

·         it is a Category 2 Sheltered accommodation comprising self-contained flats and with a house manager on site from 9:00am to 5:00pm with a Care-line System;

·         a University of Oxford study has shown that occupants show improved health and well-being with a NHS saving of £3,500 per individual. Whilst the entry age is 60, generally those in late 60’s and 70’s are the typical cohort after bereavement or ill-health;

·         it is a quality, stand-alone design surrounded by houses. An ancillary plan shows the relationship with the street scene;

·         McCarthy and Stone are lead providers of this type of facility which was not a care home and the units are some 15% larger than 10 years ago; and

·         typically 50% of residents come from within a five mile radius, 70% within 20 miles with the remainder from further afield but quite often with family and friends connections in the area.

 

The Service Lead City Development concluded that the proposal was considered to be a sustainable development when balancing the development plan policies, National Planning Policy Framework 2021 (NPPF) policies, including the presumption in favour of sustainable development in paragraph 11, National Planning Practice Guidance (NPPG), and the constraints and opportunities of the site. A Section 106 legal agreement and conditions were necessary to secure affordable housing, infrastructure contributions and other aspects of the development to make it acceptable in planning terms. He emphasised that the reasons for approval now included the support of the urban designer who opposed the initial scheme and that it would be difficult to ignore the strong reasons in support of approval.

 

Members expressed the following views:-

 

·         given the housing needs of the city and the general shortage of affordable homes, the provision of houses in whatever format was to be welcome. Provision for the elderly possessed the added advantage of freeing up homes in the city, as many of the residents would have downsized; and

·         whilst the Buckerell Lodge Hotel had been part of an earlier, well-presented historical development within large, landscaped grounds, and its loss would be regrettable, the site itself following demolition of the hotel was suitable for development with the proposal put forward an acceptable alternative.

 

The recommendation was for approval, subject to a Section 106 Legal Agreement and the conditions as set out in the report.

 

The recommendation was moved and seconded voted upon and carried.

 

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

 

·         a financial contribution towards affordable housing provision of £345,555; and

·         a financial contribution to primary and secondary healthcare of £52,475.

 

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

 

The Director City Development be authorised to GRANT planning permission for the construction of 62 Retirement Apartments (Category II Type Sheltered Housing) with communal facilities and car parking (revised plans), subject also to the following conditions:-

 

1) The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

Reason:  To ensure compliance with sections 91 and 92 of the Town and Country Planning Act 1990.

 

2) The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received by the Local Planning Authority (as explained and listed in the attachments to the agent’s email dated 5 January 2023) as modified by other conditions of this consent.

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

 

3) Samples of the materials it is intended to use externally in the construction of the development shall be submitted to the Local Planning Authority. No external finishing material shall be used until the Local Planning Authority has confirmed in writing that its use is acceptable. After that, the materials used in the development construction shall correspond with the approved samples in all respects.

Reason: To ensure that the materials conform to the visual amenity requirements of the area.

 

4) Unless otherwise agreed in writing, a detailed scheme for landscaping, including the planting of trees and or shrubs, the use of surface materials and boundary screen walls and fences shall be submitted to the Local Planning Authority, and no dwelling or building shall be occupied until the Local Planning Authority has approved a scheme;  such scheme shall specify materials, species, tree and plant sizes, numbers and planting densities, and any earthworks required together with the timing of the implementation of the scheme. The landscaping shall, after that, be implemented in accordance with the approved scheme in accordance with the agreed programme.

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

 

5) 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 five years from the date of the completion of the 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 the interests of amenity.

 

6) Pre-commencement condition: No materials shall be brought onto the site or any development commenced until the developer has erected tree protective fencing around all trees or shrubs to be retained, in accordance with drawing 1519-KC-XX-YTREE-TREEPROTECTIONPLAN01REVB.PDF. The developer shall maintain such fences to the satisfaction of the Local Planning Authority until all development that is 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 approval is granted, the 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.

 

7) Any trees, shrubs and/or hedges on or around the site shall not be felled, lopped or removed without the prior written consent of the Local Planning Authority.

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

 

8) Pre-commencement condition: No development (including ground works) or vegetation clearance works shall occur until a Construction Method Statement has been submitted and approved in writing by the Local Planning Authority. The Statement shall provide for the following:

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 (including, but not limited to, the measures recommended in Section 7 of Tetra Tech’s Air Quality Assessment (reference no: 784-B027972, date: April 2021).

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

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

j) Construction working hours and deliveries from 7:30 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 the pre-commencement condition: In the interests of the occupants of nearby buildings. This information is required before development commences to ensure that the impacts of the development works are appropriately considered and addressed at the earliest possible stage.

 

9) Pre-commencement condition: No part of the development hereby approved shall be commenced until adequate areas shall have been made available within the site to accommodate operatives’ vehicles, construction plant and materials in accordance with details that shall previously have been submitted to, agreed and approved in writing by the Local Planning Authority and retained for the construction period.

Reason for the pre-commencement condition: To ensure that adequate on-site facilities are available for the construction traffic attracted to the site. This information is required before development commences to ensure that the impacts of the development works are appropriately considered and addressed at the earliest possible stage.

 

10) Unless otherwise agreed in writing, the development hereby approved shall not be brought into its intended use until secure cycle parking facilities for residents and visitors have been provided in accordance with details that shall previously have been submitted to and approved in writing by the Local Planning Authority. After that, the said cycle parking facilities shall be retained for that purpose at all times.

Reason: To ensure that cycle parking is provided in accordance with Exeter Local Plan Policy T3.

 

11) If, during demolition/development, contamination not previously identified is found to be present at the site, then the Local Authority shall be notified as soon as practicable, and no further development (unless otherwise agreed in writing with the Local Planning Authority), shall be carried out until the developer has submitted an investigation and risk assessment, and where necessary a remediation strategy and verification plan, detailing how this unsuspected contamination shall be dealt with. Before the occupation of any part of the development, a verification report demonstrating the completion of the works in the approved remediation strategy shall be submitted to and approved by the Local Planning Authority.

Reason: In the interests of the amenity of the occupants of the buildings hereby approved.

 

12) Before the occupation of any dwelling hereby approved, details of the provision for nesting swifts shall be submitted to and agreed upon in writing by the Local Planning Authority. Upon written approval of the details, the scheme shall be fully implemented as part of the development and retained after that.

Reason: In the interests of preserving and enhancing biodiversity in the locality.

 

13) Unless otherwise agreed in writing the development shall be carried out in accordance with the submitted Energy Statement - March 2021 which demonstrates that a 19% reduction in CO2 emissions over that necessary to meet the requirements of the 2013 Building Regulations for the relevant parcel of the site can be achieved. The measures required to achieve this CO2 saving shall then be implemented on the relevant parcel of the site. Within three months of the practical completion of any dwelling/building, the developer will submit a report to the LPA from a suitably qualified consultant to demonstrate compliance with this condition.

 

Reason: In the interests of sustainable development and to ensure that the development accords with Core Strategy Policy CP15.

 

14) Each unit of the residential accommodation hereby permitted shall be occupied only by persons 60 years old or over and the occupants’ partners over 55 years old.

Reason: The scheme is designed for a specific age group and is unsuitable for unrestricted occupation.

 

15) The noise mitigation and ventilation recommendations in Tetra Tech’s Noise Assessment (reference no.: 784-B027972, date: May 2022) shall unless otherwise agreed in writing with the LPA, be implemented in full before the occupation of the development and maintained after that.

Reason: In the interests of amenity.

 

16) No external lighting shall be installed on the site or the building hereby permitted unless details of the lighting have previously been submitted and approved in writing by the Local Planning Authority (including location, type and specification). The particulars shall demonstrate how the lighting has been designed to minimise impacts on local amenities 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 area’s amenities and wildlife.

 

17) No part of the development hereby approved shall be brought into its intended use until the Travel Plan measures outlined in the submitted document 205605-TRAVEL PLAN-V3 have been provided in accordance with details that shall be submitted to, and approved in writing by, the Local Planning Authority.

Reason: To ensure that the development promotes all travel modes to reduce reliance on the private car, in accordance with paragraph 111 of the NPPF.

 

18) No part of the development hereby approved shall be brought into its intended use until the vehicular parking and turning facilities have been provided in accordance with the approved plans. After that, they shall be retained for that purpose at all times.

Reason: To provide safe and suitable access in accordance with Paragraph 32 of the National Planning Policy Framework.

 

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 16 July 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:-

 

 

·         a financial contribution towards affordable housing provision of £345,555; and

·         a financial contribution to primary and secondary healthcare of £52,475.

 

the proposal is contrary to Exeter Core Strategy Polices CP7 & CP18, and Exeter City Council Affordable Housing Supplementary Planning Document 2014.