Agenda and minutes

Planning Committee - Monday 29th October 2012 5.30 pm

Venue: Rennes Room, Civic Centre, Paris Street, Exeter

Contact: Sarah Selway, Member Services Officer  Telephone 01392 265275 or email  sarah.selway@exeter.gov.uk

Items
No. Item

113.

Minutes

To sign the minutes of the meetings held on 23 July 2012, 3 September 2012, 17 September 2012 and 1 October 2012.

 

Minutes:

The minutes of the meetings held on 23 July, 3 September, 17 September and 1 October 2012 were taken as read and signed by the Chair as correct.

 

114.

Declarations of Interest

Councillors are reminded of the need to declare 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.

 

 

Minutes:

Members declared the following personal interests:-

 

COUNCILLOR

MINUTE

Councillor Owen

115 (his daughter lives in the current Match Day Access Strategy zone)

Councillor Prowse

116 (Member of Devon County Council)

 

115.

PLANNING APPLICATION NO.12/1030/03 - Sandy Park Stadium, Sandy Park Way, Exeter, EX2 7NN pdf icon PDF 210 KB

To consider the report of the Assistant Director City Development.

 

(Report circulated)

 

Minutes:

Councillor Owen declared a personal interest as his daughter lives in the current Match Day Access Strategy zone.

 

The Assistant Director City Development presented the application for the redevelopment to increase capacity from 10,750 to 20,600 by new and extended grandstands, additional parking, bus/coach drop off and additional conference centre facilities at Sandy Park Stadium, Sandy Park Way, Exeter.

 

Members were advised that the site comprised the rugby stadium situated at Sandy Park which was sandwiched between the A379 and the David Lloyd Centre to the north, the M5 and slip road to the east, Old Rydon Lane to the south and Sandy Park Farm to the west. Vehicular access to the site was via a junction on the A379 to the north-west of the site, with an emergency access, also used as coach/bus exit only, onto Old Rydon Lane. Pedestrian/cycle access to the site was principally obtained via a purpose built pedestrian/cycle bridge over the A379 from the north, secured as part of the original approval for the stadium, and via Old Rydon Lane from the south.

 

The Assistant Director City Development stated that the site had consent for an extension to the main stand, and additional new stands to increase the capacity to 13,956. This consent had not yet been implemented. This application sought to increase capacity from the current 10,744 to 20,600 in the form of an extension to the existing West stand and new permanent stands on the remaining three sides of the ground. The proposal also included increasing the Conference and Banqueting facilities from the existing capacity of 600/650 to 2,675. The parking would increase from 154 spaces to 395 spaces, with parking being limited to 254 spaces on match days to allow for TV cameras and crew and buses/coaches.

 

Members were updated on the issues including the visual prominence, sustainability and the transport issues. The Highways Authority and Highways Agency were now satisfied subject to appropriate conditions limiting increased capacity until such time as additional travel surveys and Junction 30 improvements had been carried out and a revised Match Day Access Strategy had been approved. The conference centre would be constructed to Breeam excellent standard.

 

Members were circulated with an update sheet advising that David Lloyd Leisure had retracted their objection; details of three additional letters of representation; minor design changes; revised consultation responses from the Highways Authority and Highways Agency with details of appropriate conditions and advising that the Section 106 was no longer required.

 

The recommendation was for approval, subject to the conditions as set out in the report and modified by the update sheet.

 

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

  • no objection in principle to Exeter Rugby Club’s expansion plans and the desire to play International Rugby
  • had concerns regarding the use of Old Rydon Lane; use would increase once the capacity increased
  • evening games were a big challenge; how to move spectators safely and  ...  view the full minutes text for item 115.

116.

PLANNING APPLICATION NO.12/0500/03 - Bishops Court Quarry, Apple Lane, Exeter, EX2 7JH pdf icon PDF 225 KB

To consider the report of the Assistant Director City Development.

 

(Report circulated)

 

Minutes:

Councillor Prowse declared a personal interest as a member of Devon County Council.

 

The Area Planning Officer presented the application for the demolition of buildings and the re-profiling of the quarry to provide a platform for 190 residential units, public open space, landscaping, access, pedestrian and cycle links and associated infrastructure at Bishops Court Quarry, Apple Lane, Exeter.

 

The application site comprised the former Bishops Court Quarry and was bounded to the north and north-east by Sidmouth Road and retail units, to the south by the A379, to the south-west by the footpath leading over the A379 to the Rugby Stadium and to the north-west by the Apple Lane footpath and Apple Lane industrial estate.

 

The application was for the demolition of all existing buildings on the site, the re-profiling of the former Quarry to provide a development platform and the erection of 190 residential units. The site would be served by a single point of vehicular access utilising the existing arm of the Apple Lane roundabout to provide access to Sidmouth Road.

 

Members were advised that the Highway Authority had no objections and adequate parking would be provided. The clustering of the affordable housing had yet to be agreed although the tenure was acceptable. The applicant had confirmed that it would be fully responsible for the on-going maintenance of the cliff face. The number of dwellings had been reduced from 225 to 190 and met the Residential Design Guide SPD, the building for life score had been improved and was now 14.5. Additional conditions were proposed regarding play equipment and a bat and reptile survey. Revised layout plans had been received on 29 October and officers would review these plans with regards to the amendments made to the affordable housing clusters.

 

The Area Planning Officer updated Members on the comments of Natural England and the Site Allocation and Development Management Document which was subject to consultation. He advised that the site had been identified to meet the Council’s Core Strategy five year housing land supply.

 

Members were circulated with an update sheet giving details of two additional conditions.

 

The recommendation was for approval to be delegated to the Assistant Director City Development in consultation with the Chair of Planning Committee, subject to the receipt and consideration of the suitable mix and location for the affordable housing and revisions to layout to achieve satisfactory residential amenity, the completion of a Section 106 Agreement , the conditions as set out in the report and additional conditions regarding play equipment and a bat and reptile survey and the two conditions as reported on the update sheet.

 

In response to Members, the Area Planning Officer clarified that the cliff faces were stable; the boundary between the dwellings and the A379 was thick dense vegetation and boundary treatment would be controlled by condition; a condition was proposed to deal with South West Water comments; the public open space was 12% of the site exceeding the Council’s policy of  ...  view the full minutes text for item 116.

117.

PLANNING APPLICATION NO.12/0920/03 - Land adj., Beech Cottage, Old Rydon Close, Exeter, EX2 7JR pdf icon PDF 117 KB

To consider the report of the Assistant Director City Development.

 

(Report circulated)

 

Minutes:

The Assistant Director City Development presented the application for residential development of sixteen dwellings, access, parking, landscaping and associated works at land adjacent to Beech Cottage, Old Rydon Close, Exeter.

 

Members were advised that the site comprised an area of land of approximately 0.8 hectares, bounded by Old Rydon Lane to the south, Old Rydon Close to the east, and residential properties to the north (Beech House) and west (Old Rydon Ley). The proposal was for 11 four-bed and 5 five-bed dwellings of conventional design with garages.  They would be 2 and 2.5 storeys in height. Materials to be used were a mixture of brick and render with some timber cladding.

 

This development was in association with the 233 dwelling residential development of land to the west, which was the subject of a recent resolution to approve a reserved matters application.  Access to the proposal would be from the west through the adjoining development site. No public open space was provided within the site on the basis that it would be developed in association with the land to the east, which had open space which would also serve this scheme. 

 

The Assistant Director City Development advised that Network Rail had objected due to the increased use of the Bolts Park level crossing although this crossing was private right of way therefore access by the public was not permitted. The building for life score was 15 which was in the excellent range.

 

Members were circulated with an update sheet advising that the precise amount of the affordable housing contribution in lieu of on-site provision had not yet been agreed. It was therefore requested that delegated authority be given to the Assistant Director City Development in consultation with the Chair of Planning Committee to approve the application.

 

During discussion, Members raised the following points:-

  • would the applicant be required to provide a Highways contribution? and if so, could this include a provision toward lighting on Old Rydon Close?
  • had the Tree Officer confirmed that the proposal was acceptable?
  • could the Bolt Park level crossing be used by the general public?

 

The Assistant Director City Development stated that the delegated approval could also be subject to any necessary transport contribution required by the Highway Authority which may include lighting and no objection from the Tree Officer. The Bolt Park level crossing was on private land and the public would be trespassing if they used it.

 

RESOLVED that planning permission for residential development of sixteen dwellings, access, parking, landscaping and associated works be delegated to the Assistant Director City Development in consultation with the Chair of Planning Committee to approve subject to any Highway Authority contribution, comments of the Tree Officer and a Section 106 Agreement to secure financial contributions towards affordable housing in lieu of on-site provision, highways contribution if required, education infrastructure, mitigation of the impact of development on Natura 2000 sites within 10km, indoor leisure facilities (£674 per dwelling), community facilities (£625 per dwelling) and the  ...  view the full minutes text for item 117.

118.

PLANNING APPLICATION NO.11/1922/03 - Mount Wear House, 47-49 Countess Wear Road, Exeter, EX2 6LR pdf icon PDF 101 KB

To consider the report of the Assistant Director City Development.

 

(Report circulated)

 

Minutes:

The Area Planning Officer presented the application for the change of use and conversion of the Youth Hostel to ten self contained apartments and one dwelling, alterations to access and highway, alterations to roof, parking and associated works at Mount Wear House, 47-49 Countess Wear Road, Exeter.

 

The building was a large detached Grade II Listed Building which was currently occupied by the Youth Hostel Association. 18 parking spaces were proposed.

 

Members were advised that two additional conditions were proposed regarding the replacement boundary treatment to 51 Countess Wear Road and the window in the Manager’s House that faced on to 51 Countess Wear Road should be obscure glazed.

 

The recommendation was for approval subject to the completion of a Section 106 Agreement securing Natura 2000, indoor sports facilities and community facilities contributions and off site highway works, the conditions as set out in the report with additional conditions regarding the boundary treatment to 51 Countess Wear Road and the window in the Manager’s House facing on to 51 Countess Wear Road to be obscure glazed.

 

RESOLVED that planning permission for the change of use and conversion of Youth Hostel to ten self contained apartments and one dwelling, alterations to access and highway, alterations to roof, parking and associated works be approved subject to the completion of a Section 106 Agreement securing Natura 2000 contribution, indoor sports facilities contribution and community facilities contribution and off site highway works and the following conditions:-

 

1)

C05  -  Time Limit - Commencement

 

2)

C15  -  Compliance with Drawings

 

3)

C17  -  Submission of Materials

 

4)

C35  -  Landscape Scheme

 

5)

C37  -  Replacement Planting

 

6)

C57  -  Archaeological Recording

 

7)

A visibility splay shall be provided, laid out and maintained for that purpose at the access to Countess Wear Road where the visibility splay provides intervisibility between any points on the X and Y axes at a height of 0.6 metres above the adjacent carriageway level and the distance back from the nearer edge of the carriageway of the public highway (identified as X) shall be 2.4 metres and the visibility distances along the nearer edge of the carriageway of the public highway (identified as Y) shall be 17.8 metres in a northerly direction.

Reason: To provide visibility from and of emerging vehicles.

 

8)

No part of the development hereby approved shall be occupied until the access to Countess Wear Road, visibility splay and on-site parking facilities have been provided and marked out in accordance with details that shall previously have been submitted to, agreed and approved in writing by, the Local Planning Authority and retained for those purposes at all times.

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

 

9)

No other 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  ...  view the full minutes text for item 118.

119.

PLANNING APPLICATION NO.12/1342/03 - Cathedral Green, Cathedral Close, Exeter pdf icon PDF 112 KB

To consider the report of the Assistant Director City Development.

 

(Report circulated)

 

Minutes:

The Assistant Director City Development presented the application for an Annual Christmas market of up to 30 days to run for five years at Cathedral Green, Cathedral Close, Exeter. The exact operating dates would vary in each year. For 2012, it was proposed that the market commenced trading on Friday 23 November to Sunday 16December.

 

Members were circulated with an update sheet giving details of one further letter of objection, two letters of support and advising that condition six should be deleted as the third bullet point of condition five duplicates it. The Assistant Director City Development advised that a Local Ward Member did not object although she did have concerns regarding the five year period and how any unresolved issues could be dealt with.

 

The recommendation was for approval for a temporary period of 30 consecutive days during November and December for the five years starting with 2012 and subject to the conditions as set out in the report with the removal of condition six.

 

Whilst Members welcomed a Christmas market in the city they raises concerns regarding the length of the permission should problems arise, storage of goods and removal of waste.

 

The Assistant Director City Development advised that the proposed condition five would cover the management of the market and enable changes to be made in subsequent years should they be required.

 

RESOLVED that planning permission for an Annual Christmas market of up to 30 days to run for five years be approved for a temporary period of 30 consecutive days during November and December for the five years starting with 2012 and 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 24 September 2012, as modified by other conditions of this consent.

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

 

2)

The use hereby approved shall only be carried out for a single period of not more than 30 consecutive days during the months of November and December in the five calendar years commencing with 2012.

Reason:  The use is unsuitable on a permanent basis or for a longer period in this locality.

 

3)

The use hereby approved shall not be carried on other than between the hours of 10:00 to 21:00 Mondays to Saturdays and between the hours of 10:00 to 18:15 on Sundays and public or Bank Holidays, with the exception of the first day the market operates each year when the use may carry on until 22:00 unless that day is a Sunday.

Reason:  So as not to detract from the amenities of the near-by residential property.

 

4)

The works associated with assembling, dismantling and servicing of the Market shall not be carried out outside the hours of 08:00 and 22:00.

Reason: To safeguard the amenities of nearby occupiers

 

5)

Notwithstanding condition no. 1, the use hereby permitted shall not commence on site in any  ...  view the full minutes text for item 119.

120.

PLANNING DECISIONS TAKEN UNDER DELEGATED POWERS AND WITHDRAWN APPLICATIONS pdf icon PDF 39 KB

To consider the report of the Assistant Director City Development.

 

(Report circulated)

 

Additional documents:

Minutes:

The report of the Assistant Director City Development was submitted.

           

            RESOLVED that the report be noted.

 

(Report circulated)

 

121.

APPEALS REPORT pdf icon PDF 104 KB

To consider the report of the Assistant Director City Development.

 

(Report circulated)

 

Minutes:

The schedule of appeal decisions and appeals lodged was submitted.

 

RESOLVED that the report be noted.

 

(Report circulated)

 

122.

SITE INSPECTION PARTY

To advise that the next Site Inspection Party will be held on Tuesday 20 November 2012 at 9.30 a.m.  The Councillors attending will be Edwards, Lyons and Mitchell.

Minutes:

RESOLVED that the next Site Inspection Party will be held on Tuesday 20 November 2012 at 9.30 a.m.  The Councillors attending will be Edwards, Lyons and Mitchell.