Agenda item

To consider the report of the Strategic Director for Place.

The Assistant Service Lead – Development Management (Major Projects) presented the application for the erection of a freestanding restaurant with drive through facility, car parking, landscaping and associated works, including Customer Order Displays (COD). He talked Members through a presentation which included:-

·         site location plan;

·         aerial view;

·         proposed development;

·         site layout;

·         elevations;

·         the 26 objections received;

·         the acceptable principle of the proposed development;

·         the absence of objections from the consultees (including the NO objections from consultees including the Local Highway Authority and Environmental Health);

·         the withdrawal of the previous objections from the Urban Design Officer;

·         improvements;

·         character of area;

·         tree screening (summer and winter);

·         pedestrian access;

·         biodiversity enhancement;

·         mitigation; and

·         planning balance.

It was considered that the adverse impacts of this proposal would not outweigh the benefits and, therefore, planning permission should be granted subject to the conditions set out in the report.

In response to queries from Members, the Assistant Service Lead – Development Management (Major Projects) and the Devon County Council Highways Development Management Officer (Exeter) clarified that:-

·         the site was constrained and the dense piece of vegetation would mitigate visibility;

·         applications for an associated logo and for lighting would have to be made separately;

·         any application for the restaurant to be open 24/7 would have to go through Licensing;

·         detailed reports had been submitted about lighting and odours; Exeter City Council’s Environmental Health team had been consulted these matters and found the levels acceptable;

·         no confirmation had been received about the positioning and reach of the CCTV cameras;

·         it was not possible to reduce the 30mph maximum speed limit between the roundabout and the traffic lights but, if speeding became an issue, the matter should be reported to the police;

·         it was unlikely that there would be major instances of cars backing up at the drive-though; and

·         it was not the remit of the Planning Committee to insist that a sign reminding members of the public of speed limits in force be displayed on the site;

·         the possible weight given to the Exeter Plan was limited at this stage and, while officers agreed with the assessment that the site should be allocated to housing, they deemed the site equally viable for commercial use;

·         a condition had been added about litter picking; and

·         conditions needed to be relevant to the development and as opposed to addressing existing problems.

During debate, Members expressed the following views:-

·         the application needed to be judged on planning terms alone;

·         it was regrettable that a drive-through was part of the application;

·         crossing Russell Way was dangerous for pedestrians;

·         there had been a precedent of unpleasant odours emanating from another fast-food restaurant on the site;

·         the lighting coming from the restaurant would be intrusive;

·         the CCTV should cover the wider Tesco car park;

·         the application provided the opportunity to urge everyone at Exeter City Council to look into anti-social behaviour on supermarket car parks, e.g. joyriders;

·         the proposal offered opportunities for residents;

·         the site was in a state of neglect;

·         with regard to traffic concerns, there was nothing stopping people from parking at Tesco and walking to the restaurant;

·         the Tesco supermarket itself had been plagued by shoplifting; and

·         there was a bus service serving the site.

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

The Chair moved and Councillor Patrick seconded the recommendation, which was voted upon and CARRIED unanimously.

RESOLVED that planning permission for the erection of a freestanding restaurant with drive through facility, car parking, landscaping and associated works, including Customer Order Displays (COD) be approved subject to the conditions set out in the report.