Agenda and minutes

To sign the minutes of the meeting held on 31 October 2011.

The minutes of the meeting held on 31 October 2011 were taken as read and signed by the Chair as correct.

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 interests:-

To consider the report of the Head of Planning and Building Control.

(Report circulated)

The Development Manager presented the planning application for the change of use from hotel to hostel at the Red House, 2 Whipton Village Road, Exeter.

Members were circulated with an update sheet giving details of four additional letters of objection which had not raised any new issues and a formal response from the Police Architectural Liaison Officer suggesting a number of conditions relating to the overall management of the facility with specific reference to provision of CCTV, security lighting, key management, provision of security doors and windows and staffing arrangements. It was proposed to amend condition three accordingly to ensure that the above mentioned were included within the management scheme.

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

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

• it was clear from the public meeting that there is strong opposition to the proposal, with concerns expressed by those immediately affected by the proposal, those in the immediate vicinity as well as the wider community. The number attending an earlier public meeting on the matter - 250 - reflected the level of concern
• main concerns are in respect of the potential for crime and disorder and anti social behaviour
• to state that those in need of housing do not have a propensity for anti social behaviour is not a sufficient reason for supporting the use of the Red House as a hostel
• the occupants will be free to come and go at all times
• the recommendations do not adequately cover the concerns raised by the Police Architectural Liaison Officer. Those concerns need to be taken on board
• the local area already experiences disturbances late at night
• residents of the neighbouring care home may suffer disturbance
• statement that the hotel currently caters for a large number of occupants and that there will not therefore be a significant increase in numbers as a result of the change of use to a hostel is misleading. If the hotel was thriving there would be little incentive to change the use
• there is a feeling locally that the decision of the Committee is a ‘foregone conclusion’
• opposition from businesses in the Whipton Village area who believe that their trade will suffer. They anticipate that many residents in the area will be reluctant to visit their businesses because of fear of anti social behaviour
• the statement that there have been a limited number of 999 calls in respect of the other hostel operated by the applicant - Trailways - is misleading as any 999 calls should be a cause for concern.

The Chair clarified that there was no question of Members having already come to a view on the application.

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

On behalf of the applicant:-

• applicant will continue to accommodate clients of the City Council and County Council
• a  ...  view the full minutes text for item 3.

To consider the report of the Head of Planning and Building Control.

(Report circulated)

Councillor Newby declared a personal interest as he lives close to the application site.

The Area Planner presented the application for development of up to 700 dwellings and supporting infrastructure including: primary school, community building; doctors surgery and primary healthcare facilities; local store; care home/s; two access junctions on Topsham Road, roads, parking and associated works, sports fields and pavilion; informal open space; paths and cycle routes; landscaped spaces; play spaces; play areas, orchards and allotments; three metre high landform and acoustic fence at boundary with M5; surface water attenuation features; re-alignment of the Seabrook and re-profiling of channel (all matters reserved for future consideration apart from access) at Seabrook Orchards, Topsham Road, Topsham, Exeter.

Members were circulated with an update sheet giving details of an additional letter of support stressing the overwhelming need for additional housing and the desirability of accommodating this within existing towns.

The recommendation was to approve the application having had regard to the Environmental Impact Assessment submitted with the application and the representations made about the environmental effects of the development and subject to a Section 106 agreement and conditions as set out in the report. An additional condition was proposed requiring completion of works for the disposal of sewage from the site in accordance with details to be agreed with the local planning authority, prior to the occupation of any dwellings.

Mr Richard Wald, representing Dukeminster (an adjoining landowner), spoke against the application. He tabled plans relating to the highway network and relevant ownership status together with a statement from the Exeter Golf and Country Club. Points raised in the Golf Club statement are set out below:-

• at no stage of the pre application process was the Exeter Golf and Country Club consulted by the applicant or their agents. This lack of consultation has led to concerns regarding the design of the proposed development
• the design severely compromises the ‘playability’ and safety of the golf course. The current layout proposes houses in the most dangerous locations in relation to the playing lines of the golf course; this lack of design consideration is contrary to Local Plan Policy DG4
• the club considers that the proposed development fails to properly consider the amenity of the golf course and furthermore that the current design would give rise to objections from future residents with regard to noise and safety concerns; contrary to Local Plan Policy DG4
• the club has sought unsuccessfully to reach agreement with the applicants in respect of modifications to the layout and/or inclusion of safety measures.
• the club is a significant employer and tourism attraction. It is specifically mentioned in the Core Strategy submission document as being a facility of regional importance. It is considered that this planning application endangers the future of a key economic driver for Exeter.
• it is clear that officers recognise there is a genuine safety issue given that Condition 27 has been proposed; however, the condition is wholly inadequate to deal with this issue.  ...  view the full minutes text for item 4.

To consider the report of the Head of Planning and Building Control.

(Report circulated)

Councillors PJ Brock and Prowse declared personal interests in this matter as Members of Devon County Council.

The Head of Planning and Building Control presented the application for variation of condition 2 to allow minor alterations to the elevations of the approved building and condition 8 to allow the first floor to be used for retail/restaurant/café purposes (Ref: 09/2050/03 granted 23/02/2010) at the Exebridge Centre, Cowick Street, Exeter.

Mr Harding spoke against the application. He raised the following points:-

• no change in circumstances since the application was refused at the December meeting of this Committee
• the developer had increased the rental of the site to the extent that Devon County Council had no option but to withdraw from negotiations
• Devon County Council’s current proposal for a temporary library is unsustainable as only a three year lease is being offered and the ultimate proposal for the site was likely to be development for flats
• with a number of empty premises in the St Thomas area deemed inappropriate for a library, the Exebridge site offers the only logical location for a permanent library
• the proposal is contrary to advice contained in the Exeter Local Plan section on community services
• community needs should be put before commercial interests.
• planning powers of City Council should be used to again refuse the application in order to preserve a library facility on this site and force the site owner to lower the rent being demanded.

Members expressed concern regarding the potential for a costs award against the Council if the application was refused and the applicant went to appeal.

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

RESOLVED that the application for variation of condition 2 to allow minor alterations to the elevations of the approved building and condition 8 to allow the first floor to be used for retail/restaurant/café purposes (Ref: 09/2050/03 granted 23/02/2010) be approved subject to the following conditions:

1)         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 13 September 2011 (dwg. nos.0900 00203 A, 1094/GA/10 rev D, 8672/20, 8672/21 and 8672/22) as modified by other conditions of this consent.

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

2)         The first floor of the approved building shall be used for any purpose within Use Classes A1 (Retail) and A3 (Cafes and Restaurants).

Reason: To accord with the uses appropriate with the St Thomas District Centre.

(Report circulated)

To consider the report of the Head of Planning and Building Control.

(Report circulated)

Councillors Prowse and P.J. Brock declared personal interests in this matter as Members of Devon County Council.

The Head of Planning and Building Control presented the Devon County Council Consultation for change of use and internal refurbishment of empty former shop building to convert for new library use at 35 Church Road, Exeter.

Councillor R Hannaford, having given notice under Standing Order No. 44, spoke on this item. He declared a personal interest as a Member of Devon County Council. He raised the following points:-

• supported application, as a library is an important community facility for the West Exe
• the new site is better than the existing one with a larger ground floor, closer to a bus stop and car park and better access for the disabled and people with prams
• offers potential for expansion at the back
• corrected the report stating that four full time posts were not being created by the development but that staff were currently on secondment to the Central Library and would return when the new library opened
• the library was close to a busy junction and the County Council should examine options for improved traffic management in this area
• he had accompanied the relevant County Council Cabinet Member, together with the Head of the Library Service, in a tour of the St Thomas area to view potential alternative premises for a permanent library

The Head of Planning and Building Control confirmed that traffic management issues at the crossroads would be raised with the County Council.

The recommendation was for the City Council to raise no objection to the change of use.

RESOLVED that the City Council raise NO OBJECTION to the County Council’s proposed change of use of the former St Thomas Stationers to a public library.

(Report circulated)

The following applications were deferred for consideration at a Special Meeting of this Committee to be held on 30 January 2012:-

11/1748/03                 Former A H Moda, 4-5 Roman Walk, Exeter

11/1582/03                 Former Guide Dogs For The Blind Kennels, Exwick Lane,

                                   Exeter, EX4 2AR

To consider the report of the Head of Planning and Building Control.

(Report circulated)

The report was deferred for consideration at a Special Meeting of this Committee to be held on 30 January 2012.

(Report circulated)

To consider the report of the Head of Planning and Building Control.

(Report circulated)

The report of the Head of Planning and Building Control was submitted.

            RESOLVED that the report be noted.

(Report circulated)

To consider the report of the Head of Planning and Building Control.

(Report circulated)

The Head of Planning and Building Control 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 and Building Control.

(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 Tuesday 7 February 2012 at 9.30 a.m.  The Councillors attending will be Clark, Denham and Winterbottom.

RESOLVED that the next Site Inspection Party be held on Tuesday 7 February 2012 at 9.30 a.m.  The Councillors attending will be Clark, Denham and Winterbottom.