Agenda and minutes

To sign the minutes of the meetings held on 29 October 2012 and 3 December 2012.

The minutes of the meetings held on 29 October and 3 December 2012 were taken as read and subject to the following being added to 3 December 2012 minute no.125 regarding Councillor Macdonald speaking Under Standing Order No.44 -  ‘Councillor Macdonald circulated a diagram showing the Master Plan including allotments in a space of their own; information from Devon County Council that they were now the Lead Local Flood Authority; information about play space and Eagle One had not got back to her regarding her list of concerns’, the minutes were signed by the Chair as correct.

Councillors are reminded of the need to declare any disclosable pecuniary interests that relate to business on the agenda and which have not already been included in the register of interests, before any discussion takes place on the item. Unless the interest is sensitive, you must also disclose the nature of the interest. In accordance with the Council's Code of Conduct, you must then leave the room and must not participate in any further discussion of the item. Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.

No declarations of interest were made by Members.

To consider the report of the Assistant Director City Development.

(Report circulated)

The Senior Area Planning Officer presented the application for the replacement of garage doors with french doors/windows to facilitate an additional unit of accommodation at 4 Dart Walk, Exeter.

This was a retrospective application. The property was owned and run by a Home Care Agency which provided an element of care to the occupants.  A carer lived at the address. The applicant's agent advised that the use was ancillary to 4 Dart Walk and was not a separate dwelling.  Internally, the former garage contained a kitchen and a bathroom and was capable of being occupied without using any facilities within the main dwelling. The garage could be accessed via a door from the back garden of 4 Dart Walk and also off the rear drive via two patio doors which were in the place of the former garage doors.

Members were circulated with an update sheet - attached to minutes.

The recommendation was for refusal subject to the reasons as set out in the report.

In response to Members, the Senior Area Planning Officer advised that it would be possible to add conditions to seek to ensure that any conversion was ancillary to 4 Dart Walk and making it a personal consent to the applicant.

Mr Coles (representing local residents) spoke against the application. He circulated electronic photograph’s of the garage and surrounding area. He raised the following points:-

• the parking of vehicles outside the garage of 4 Dart Walk caused access problems to the garages of 5 and 6 Dart Walk; there was a right of way over part of the area, where vehicles parked, outside the garage of 4 Dart Walk
• if permission was granted this garage should not be independent to the main dwelling as it could be sold off in years to come
• the conversion of the garage caused parking problems in the area.

In response to Members, Mr Coles clarified that vehicles parked on an area outside of the garage of 4 Darts Walk which was a turning area/right of way and caused problems for the residents of 5 and 6 Dart Walk in accessing their garages and parking spaces; and 5 and 6 Dart Walk had single garages with a parking space in front.

During discussion, Members raised the following points:-

• any accommodation would need to be ancillary to the main dwelling and should have a personal consent
• the garage was built for a purpose and it would create a precedent should this application be given permission
• some uncertainty as to the parking area and rights of way to rear of 4, 5 and 6 Dart Walk.

The Senior Area Planning Officer clarified that there were two parking spaces to the front of 4 Dart Walk.

The Planning Solicitor advised that any conditions would not cover any areas outside of the application site and the parking of vehicles to the rear outside of the garage to 4 Dart Walk would be difficult to monitor.

RESOLVED that planning permission for replacement of  ...  view the full minutes text for item 3.

To consider the report of the Assistant Director City Development.

(Report circulated)

The Senior Area Planning Officer presented the application for a detached dwelling, parking and associated works at 3 The Barton, Mill Road, Exeter.

This site was granted planning consent in 2011 for the demolition of an existing building and construction of a detached two-storey, four bed dwelling. This application was for a contemporary dwelling which, would be set lower down, with render and timber cladding and a 1.8 metres close board fence on three sides of the site.

Members were circulated with an update sheet - attached to minutes.

The recommendation was for refusal subject to the reason as set out in the report.

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

• the proposed dwelling would be lower down in the site than the previous approval
• the shape was more relaxed
• materials were in keeping with the area - 1 and 2 Mill Road were render and 11, 13, 15 and 17 had some timber
• would replace western boundary fence with planting
• this was a modern dwelling which would be lower down in the site and less assertive than the previous approval
• the brick which would be used on the approved application would look vastly different from the older original brick on the adjacent listed building
• the timber used would weather to a light grey and would soften the appearance of the dwelling
• would not impose on the adjacent listed building.

In response to Members, Mr Jones clarified that the timber to be used was cedar which would weather well to a light grey colour; the applicants had just completed building a dwelling in Duryard; did not know if the applicants would build out the original application if this one was refused although they would have the option to appeal any refusal.

The majority of Members were of the view that the original application was a more suitable proposal in this location than the current proposal and that the design was inappropriate.

RESOLVED that planning permission for a detached dwelling, parking and associated works be refused for the following reason:-

1)         The proposed development is contrary to the provisions of the National Planning Policy Framework concerning design, Policy CO6 of the Devon Structure Plan 2001 to 2016, Policy CP17 of the Exeter Local Development Framework Core Strategy (2012), and Policies DG1(b), (f), (g), (h) and (i) of the Exeter Local Plan First Review 1995-2011 because by virtue of its unsympathetic design and materials the proposed dwelling would be an incongruous form of development which would be detrimental to the character and appearance of the area.

(Report circulated)

To consider the report of the Assistant Director City Development.

(Report circulated)

The Assistant Director City Development presented the application for alterations and roof level re-development to provide 13 flats with associated access and communal facilities at 130 Fore Street, Exeter.

The application site was located on the junction of Fore Street and West Street and within the Central Conservation Area.  The application was now for 13 flats over six levels, some units were split level and mainly single aspect. The application had been amended to remove one flat the area now to be used for refuse storage. No car parking spaces were proposed with this scheme.

Members were circulated with an update sheet - attached to minutes.

The Assistant Director City Development claified that there were 17 cycle spaces which were adequate for the number of flats and there would be a management agreement to control the refuse storage.

The recommendation was for approval subject to the completion of a Section 106 Agreement (or appropriate alternative means of securing payment) requiring a financial contribution towards protection of Natura 2000 sites and conditions as set out in the report.

RESOLVED that planning permission for alterations and roof level redevelopment to provide 13 flats with associated access and communal facilities be approved subject to the completion of a Section 106 Agreement (or appropriate alternative means of securing payment) requiring a financial contribution towards protection of Natura 2000 sites and the following conditions which may be modified if necessary:-

To consider the report of the Assistant Director City Development.

(Report circulated)

The report of the Assistant Director City Development was submitted.

            RESOLVED that the report be noted.

(Report circulated)

To consider the report of the Assistant Director City Development.

(Report circulated)

The Assistant Director City Development presented the buildings at risk report. Members were advised that there was a correction the University was selling Thomas Hall to Thomas Hall Estates Ltd.

RESOLVED that the report be noted.

(Report circulated)

To consider the report of the Assistant Director City Development.

(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 5 February 2013 at 9.30 a.m.  The Councillors attending will be Denham, Spackman and  Winterbottom.

RESOLVED that the next Site Inspection Party will be held on Tuesday 5 February 2013 at 9.30 a.m.  The Councillors attending will be Denham, Spackman and Winterbottom.

Correspondence received and matters arising following preparation of the Agenda