Agenda and minutes

Councillors are reminded of the need to declare personal and prejudicial interests, including the nature and extent of such interests, in relation to business on the agenda, before any discussion takes place on the item. Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.

Members declared the following personal (*prejudicial) interests:-

To consider the report of the Head of Planning Services.

(Report circulated)

The Development Control Manager presented the application for change of use from non-residential day centre to supported living units at Redhills House, Exwick.

The unit would be run by the Amethyst Second Chance Charity to house ex-offenders from Dartmoor Prison. There would be a maximum of 11 residents at any one time and it would be staffed 24 hours a day.

This facility would provide an environment to enable ex-offenders to return to the community and provide them with social skills and a support network. The residents would be released on licence and it was expected that they would stay at the unit from between 3 to 6 months with the maximum length of time being 12 months.

The Development Control Manager reported that 26 further objections had been received, on the grounds outlined in the report, which was mainly the fear of crime and disorder. Also one letter of observation had been received which suggested a condition restricting the use to Amethyst Second Chance.

A letter dated 6 December 2007 had been received from Chief Inspector Brigden of Devon and Cornwall Constabulary (a full copy of that letter was circulated to Committee Members).

The Development Control Manager in response to the appropriateness of the suggested additional security measures in the letter from Chief Inspector Brigden informed the Members that:-

• CCTV coverage of internal and external areas - Circular 11/95 relating to the use of conditions in planning permission required that conditions be reasonable.  It would usually be considered unreasonable to require capital monies to be spent on a temporary permission.  However, in this instance, given the sensitivity of the proposal, it was considered that the installation of CCTV cameras would be appropriate and a condition was recommended;
• 2m high fencing - this would be unacceptable in terms of the impact on the setting of the listed building and also failed to meet the test contained in Circular 11/95 in terms of reasonableness;
• Secure car parking - this was considered to be inappropriate given that the consent was on a temporary basis.  Further, it was considered that such works would be detrimental to the character and setting of the listed building;
• Routes in and out of site - this required a possible reconfiguration of the internal layout of the building which was considered unreasonable and could be detrimental to the character of the listed building;
• Security key management system - this would be unenforceable and unrelated to land use and would therefore be contrary to Circular 11/95: Use of Conditions in Planning Permission;
• Alarming of windows and doors – this was an acceptable condition;
• Regular contact between Devon & Cornwall Constabulary and Amethyst  - this was not a land use issue and therefore could not be dealt with by way of condition.

The Development Control Manager informed Members that an email dated 10 December 2007 has also been received from the Chief Inspector who had confirmed that he would not formally object to the granting of planning permission on a temporary  ...  view the full minutes text for item 152.

To consider the report of the Head of Planning Services.

(Report circulated)

The Development Control Manager presented the listed building consent application for internal alterations to walls and doors at Redhill House, Exwick.

He reported that the provision of external waste pipes had now been removed from the application and that the proposal was for internal works only. He informed Members that the internal fabric of the building had been modernised over the years in a less than sympathetic way and that this proposal did not have any historic impact on the fabric of the building.

RESOLVED that listed building consent for internal alterations to walls and doors be approved subject 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 comply with section 18 of the Planning (Listed Buildings and Conservation Areas) 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 on 19 October 2007 (unnumbered), as modified by other conditions of this consent.

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

3)         Details of the construction and finish of all new doors shall previously have been submitted to and approved in writing by the Local Planning Authority.

Reason: To protect and preserve the character of the listed building.

4)         Prior to commencement of works, details of all extractor fans, including their position internally and externally, and specifications of the same, shall have been submitted to and approved in writing by the Local Planning Authority.

Reason: To protect and preserve the character of the listed building.

(Report circulated)

To consider the report of the Head of Planning Services.

(Report circulated)

Councillor Choules declared a personal interest as he lives in the vicinity.

The Head of Planning Services presented the application for redevelopment to provide 10 dwellings and garages, parking, access to highway and associated works at 4-6 Countess Wear Road.

This site already had planning approval for 10 dwellings in 2 terraces of 5, and this application was for the provision of dormer windows to replace rooflights in the rear of the properties to serve a bedroom.

21 representations had been received but only 2 of these related to the overlooking and visual impact of the proposed dormer windows.

Members’ attention was drawn to the fact that the submitted drawings included 2 roof lights on the rear of each property in addition to the dormer windows. These roof lights would serve a landing and en-suite to one of the top floor rooms. These roof lights were considered visually acceptable and would not lead to any significant overlooking of adjoining properties.

A further letter of objection had been received referring to the implications of the development in terms of additional pressure on existing on-street parking facilities, particularly in terms of impact on the continued functioning of the Church.

The recommendation was for approval subject to conditions.

Councillor Sheldon having given notice under Standing Order no. 44 spoke on this item. He raised the following points:-

• was representing local residents
• the plans on the internet of the previous approval were not correct as they gave the impression that the level of parking would be greater
• the proposed dormer windows would cause overlooking
• the developer was not adhering to the “hours of construction” condition and was starting at 7.30am.

Mr Daurge spoke in opposition to the application. He raised the following points:-

• 500 residents were affected by this development
• the issues were the dormer windows, the design and the effect the development would have on on-road parking in the area
• there were changes to the parking and Devon County Council had not been consulted
• the dormer windows would cause overlooking to the gardens and living accommodation to the properties to the rear
• there was a lack of retaining structure on the boundary which was causing water to cascade down on the properties in Mill Road
• the original scheme was for 5 bungalows
• this proposal was considerably higher than the surrounding development.

Mr Turner (agent) spoke in support of this application. He raised the following points:-

• representing the developer
• had to make a new application although the only amendment to the proposal was for the dormer windows in the rear and the 2 rooflights
• had written to all the neighbours to inform them of the change
• there was a considerable distance between the dormer windows and the  properties to the rear of the development
• understood that the hours of construction condition must be adhered to
• this proposal would enhance one room within the dwellings
• the proposed skylights would provide additional light
• asked the Committee to support the application.

A Member stated that  ...  view the full minutes text for item 154.

To consider the report of the Head of Planning Services.

(Report circulated)

Councillor Robson declared a prejudicial interest as she lives adjacent to the site and left the meeting during discussion of the item.

Councillor Mrs Henson declared a personal interest as the applicant’s parents were known to her.

The Head of Planning Services presented the application for a multipurpose equestrian arena and farm access road at Rollestone Farm, Pennsylvania Road.

The proposed multipurpose equestrian arena was on an area of hardcore which would be 60 x 40 metres and would have a sand and rubber flooring with post and rails and boundary planting. The arena would be used by the applicant’s horses and those that were in livery. The applicant proposed to hold one horse breeding event per year. The applicant anticipated that the proposal would generate up to 40 traffic movements a day plus 5 agricultural traffic movements.

The proposed new access route would allow for a one way system so that vehicles would not need to exit the site via Bridleway 8.

The Head of Planning Services reported that the County Director of Environment, Economy and Culture had advised that the equestrian arena was the subject of a previous application and that there was a recommendation of refusal based on the increase in use of the bridleway/green circle route that provided access to Stoke Valley Road. Since the refusal of the previous application, the applicant and his agent have had a meeting with the Highway Authority to clarify their intentions regarding the proposed operation of the equestrian arena and addressed the previous concerns relating to traffic generation and methods of operation with a view to minimising any impact on the bridleway access.

The County Director of Environment, Economy and Culture advised that, subject to the following recommendations being incorporated into an appropriate legal agreement, the proposal was now acceptable from a highway view. These were:-

·        The use was solely for the schooling of applicant’s own horses and customers’ liveried horses to provide training, schooling, dressage and show jumping practice;

·        An exit route to be introduced to the north of Rollestone House to reduce the impact of traffic movements along the bridleway and improve emerging visibility from and of vehicles, as illustrated on drawing number 28D-003; and

·        When the applicant was holding a Breed Society grading event and/or similar, he would give notice to the Highway Authority together with details/locations of any marshals/stewards that were to be located along the bridleway system for safety purposes (in accordance with details to be agreed).

After discussions with the Head of Leisure and Museums, it had been agreed that condition 7 should be modified to require a wildlife management plan to cover the whole agricultural holding and not just the application site. 

The recommendation was for approval subject to a Section 106 Agreement regarding the arena to be for the sole use of the schooling of applicant’s own horses and customers’ liveried horses, an exit route to be introduced to the north of Rollestone House, and when the applicant was holding  ...  view the full minutes text for item 155.

To consider the report of the Head of Planning Services.

(Report circulated)

The Development Control Manager presented the application for two detached buildings to provide a three storey fire station with ancillary offices, training building with tower, parking, cycle, bin and fuel store, access to highway and associated works for siting, design, landscaping and external appearance at Devon and Cornwall Constabulary Police Headquarters, Middlemoor.

He confirmed the site had outline approval for the siting of a Fire Station and access and that this application was for reserved matters for the siting, design, external appearance and landscaping. This was a flat site which was bound by trees.

The design was contemporary the materials to be used were mainly render with some brick and a glazed entrance. It was proposed to incorporate some public art in the entrance area.

The Development Control Manager reported that the Environment Agency had confirmed that, having received a copy of the revised Flood Risk Assessment, they had no objection to the proposal provided it proceeds in accordance with its content. This could be covered by an additional condition.

The County Director of Environment, Economy and Culture had confirmed no objection to the proposal subject to conditions regarding provision of the access, cycle and car parking facilities prior to occupation and appropriate visibility splays. The outline approval contained a condition requiring details of the junction and access onto Sidmouth Road to be submitted for approval prior to commencement. This would still apply and was reflected in Condition 9. The condition regarding provision of the parking facilities was considered valid and an additional condition was proposed to ensure that the site was not brought into use until the car parking, cycle parking/storage facilities were provided.

The recommendation was for approval, subject to additional conditions regarding compliance with the flood risk assessment and the provision of the car parking, cycle parking/storage facilities.

RESOLVED that planning permission for two detached buildings (1,137sq.m.) to provide three storey fire station with ancillary offices, training building with tower, parking, cycle, bin and fuel store, access to highway and associated works (approval sought of reserved matters on Ref. No. 04/1467/01 granted 16 March 2007) for siting, design, landscaping and external appearance be approved, subject to the following conditions:

1)         C15  -  Compliance with Drawings

2)         The development hereby approved shall not commence until details of the proposed finished floor levels and overall ridge heights of the dwelling/building(s), in relation to an agreed fixed point or O.S datum have been submitted to, and been approved in writing by, the Local Planning Authority.

Reason: In the interests of the visual amenities of the area and the residential amenities of the occupants of surrounding properties.

3)         C12  -  Drainage Details

4)         C17  -  Submission of Materials

5)         C38  -  Trees - Temporary Fencing

6)         C35  -  Landscape Scheme

7)         Prior to the commencement of the development hereby approved a detailed Wildlife Plan identifying specific measures to protect existing wildlife on the site, and to enhance  the wildlife opportunities within the site, shall be submitted to, and be approved  ...  view the full minutes text for item 156.

To consider the report of the Head of Planning Services.

(Report circulated)

The Head of Planning Services presented the application for alterations to provide 10 self-contained flats, including pitched roof, two storey extension at first floor level and roof to external staircase on north west elevation at 41A – 43A Sidwell Street, Exeter.

He reported that the County Director of Environment, Economy and Culture had advised that it was appropriate that the development was car free in this location.  No objection was raised subject to an additional condition regarding no occupation until residents of the car- free units had been issued with a Green Travel Pack.

The Head of Planning Services also reported that a letter had been received from the applicant’s agent clarifying that the three existing residential units here were eligible for a City Council parking permit.  It was accepted that the additional seven units would be car-free.

An email had also been received from the applicant’s agent clarifying that the cycle store would accommodate one bike per flat.  The arrangement was very similar to the one implemented at 44-47 Sidwell Street, which was operating successfully.  The bin store would be at the same level as the footpath and would be enclosed by a gate.

The recommendation was for approval, subject to an additional condition regarding no occupation until residents of the car- free units had been issued with a Green Travel Pack.

RESOLVED that planning permission for alterations to provide 10 self-contained flats, including pitched roof, two storey extension at first floor level and roof to external staircase on north west elevation be approved subject to the following conditions:

1)         C05  -  Time Limit - Commencement

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 on 28 September 2007 ( dwg nos. 839-20; 839-21; 839-25 & 839-26) as modified by other conditions of this consent.

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

3)         C17  -  Submission of Materials

4)         Notwithstanding condition no 2, no work shall commence on site under this permission until full details of the refuse storage provision have been submitted to and approved in writing by the Local Planning Authority and the following shall thereafter be provided in accordance with such details:

Reason: Insufficient information has been submitted with the application and in the interests of visual amenity.

5)         No construction work shall take place on the site other than between the hours of 0800hrs to 1800hrs Monday to Friday and 0830hrs to 1300hrs on Saturday and not at all on Sundays or Bank Holidays.

      Reason:  In the interests of residential amenity.

6)         No part of the development hereby approved shall be occupied until residents of the car- free units have been issued with a Green Travel Pack, to inform them of the car free status of this development, and the times and locations of public transport routes and facilities and the locations of adjacent shopping and leisure facilities, all in accordance with details  ...  view the full minutes text for item 157.

To consider the report of the Head of Planning Services.

(Report circulated)

The Head of Planning Services presented the application for first floor extension on north east elevation at 31 Cecil Road, Exeter.

RESOLVED that planning permission for a first floor extension on the north east elevation be approved subject to the following conditions:

1)         C05  -  Time Limit - Commencement

2)         C15  -  Compliance with Drawings

3)         C17  -  Submission of Materials

4)         Prior to the commencement of the development hereby approved details of the window joinery shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To protect the character and appearance of the building and its visual contribution to the Cowick Street Conservation Area.

 (Report circulated)

To consider the report of the Head of Planning Services.

(Report circulated)

The Development Control Manager presented the application for a two storey extension on the east elevation and a conservatory on the north elevation at 16 Poplar Close, Exeter.

He reported that the Agent had now submitted a basic Flood Risk Assessment which was acceptable and confirmed that the floor levels in the extension were set no lower than the existing.

RESOLVED that planning permission for a two storey extension on east elevation and conservatory on north elevation be approved subject to the following conditions:

1)         C05  -  Time Limit - Commencement

2)         C15  -  Compliance with Drawings

3)         Notwithstanding the details shown in drawing number 07-021-D4-B the external finish of the extension hereby approved shall be red-brick to match the existing property, in all other respects the external materials shall match those of the existing building.

Reason: To protect the character and appearance of the building.

 (Report circulated)

To consider the report of the Head of Planning Services.

(Report circulated)

The Head of Planning Services presented the Local Development Framework Annual Monitoring Report.

RESOLVED that the Annual Monitoring Report 2007 be approved for submission to the Secretary of State.

(Report circulated)

To consider the report of the Head of Planning Services.

(Report circulated)

The report of the Head of Planning Services was submitted.

A Member raised concerns regarding the application at 181 Pinhoe Road, Exeter and asked if the premises would be used as an animal hospital with animals needing to stay overnight.

The Head of Planning Services confirmed that the permission had been given for a veterinary surgery and that although there was no condition preventing animals staying overnight it was understood from the applicant that it was not anticipated that there would be a need for animals to be kept overnight on the premises, except in emergencies.

            RESOLVED that the report be noted.

(Report circulated)

To consider the report of the Head of Planning Services.

(Report circulated)

The Head of Planning Services presented the report updating Members on enforcement matters.

RESOLVED that the report be noted.

(Report circulated)

To consider the report of the Head of Planning Services.

(Report circulated)

The schedule of appeal decisions and appeals lodged was submitted.

RESOLVED that the report be noted.

(Report circulated)

To advise that the next Site Inspection Party will be held on Wednesday 2 January 2008 at 9.30 a.m. The Councillors attending will be Fullam, Mrs Henson and Lyons.

RESOLVED that the next Site Inspection Party will be held on Wednesday 2 January 2008 at 9.30 a.m. The Councillors attending will be Fullam, Mrs Henson and Lyons.

It was agreed that a Supplementary Planning Committee would be held on 21 January 2008 at 5.30pm.