Agenda and draft minutes

Planning Committee - Monday 11th October 2021 5.30 pm

Venue: Guildhall, High Street, Exeter

Contact: Howard Bassett, Democratic Services Officer (Committees)  01392 265107 or email  howard.bassett@exeter.gov.uk

Items
No. Item

53.

Former Leader of Exeter City Council - Peter Edwards

Minutes:

The Chair reported with great sadness the recent passing of Peter Edwards, former Leader of Exeter City Council. Her thoughts and those of Members were with the family at this difficult time.

 

 

54.

Minutes pdf icon PDF 351 KB

To approve and sign the minutes of the meeting held on 6 September 2021.

 

 

Minutes:

The minutes of the meeting held on 6 September 2021 were taken as read, approved and signed by the Chair as correct.

 

 

 

55.

Declarations of Interest

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.

 

Minutes:

A Member declared the following interest:-

 

COUNCILLOR

MINUTE

Councillor Morse

Min. No. 57 – disclosable pecuniary interest

 

 

 

56.

Planning Application No. 20/0538/OUT - Land off Spruce Close and Celia Crescent, Exeter pdf icon PDF 594 KB

To consider the report of the Liveable Exeter Programme Director and City Development Strategic Lead.

 

Additional documents:

Minutes:

The Principal Project Manager and Acting Major Projects Team Leader presented the outline application for up to 93 residential dwellings (Approval sought for details of access only, with scale, layout, appearance and landscaping all reserved for future consideration) (Revised Scheme).

 

The Principal Project Manager explained that the application had been deferred at the previous Planning Committee on 6 September 2021 for a site visit by the Planning Committee on 28 September 2021. He reiterated the main elements reported at the September meeting including site photographs and an aerial view, panoramic views from the site and adjoining fields and referred to the Zone of Theoretical Visibility as set out in the Landscape and Visual Impact Assessment showing viewpoints from surrounding residential areas and surrounding hills. Photomontages of viewpoints had also been provided by the applicant from Cumberland Way, Tithebarn Way, Birchy Barton and Hillyfield Road. He also referred to the receipt of 467 objections.

 

The Principal Project Manager went on to provide the following update:-

 

·         Devon Wildlife Trust had withdrawn its objection to the application on 8 September 2021;

·         the applicant had submitted a statement responding to the issues raised by Councillor Allcock at the previous Committee meeting, and a briefing note by their planning consultant addressing Policy LS1 and Policy CP16, as well as relevant appeal decisions;

·         the applicant had also submitted a letter by their planning consultant on 7 October 2021, comments including:-

·         the presence or absence of a five year housing land supply is of marginal relevance and untested;

·         the National Planning Policy Framework (NPPF) states that there should be a presumption in favour of sustainable development;

·         the independent landscape assessment endorses the findings of the Landscape and Visual Impact Assessment (LVIA) submitted with the application; and

·         the Section 106 Agreement will deliver very significant benefits for the local community, including substantial public open space;

·         an independent chartered landscape architect had reviewed revised plans, her comprehensive report included in the agenda. The report concluded that the effects of the proposed development have been assessed and through a review found to be very localised, having a moderate impact on the valued landscape characteristics and minimal impacts on views from within the landscape and of the setting of the city. The proposed siting within the context of retained traditional hedgebanks will allow the development to be relatively smoothly assimilated into the local landscape.”;

·         other comments of the landscape architect included:-

·         the ability to obtain views of the site from public locations was extremely limited and current site access was at the gift of the landowner;

·         the development as proposed could accord with the objectives of Policy LS1 of the Exeter Local Plan First Review and Policy CP16 of the Exeter Core Strategy;

·         provides unhindered quiet recreation in perpetuity contributing to the public enjoyment and access to the urban fringe;

·         parts of fields 1 and 2 that form this application on the revised Illustrative Masterplan are so well related to the urban fringe that they can be developed  ...  view the full minutes text for item 56.

57.

Planning Application No. 20/0691/FUL - Clifton Hill Sports Centre, Clifton Hill, Exeter pdf icon PDF 444 KB

To consider the report of the Liveable Exeter Programme Director and City Development Strategic Lead.

 

Additional documents:

Minutes:

Councillor Morse declared a disclosable pecuniary interest and left the meeting during consideration of this item.

 

The Chair was taken by the Deputy Chair, Councillor Williams.

 

The Principal Project Manager (Development) (HS) presented the application for the demolition of existing sport facility and rifle range and re-development of the site to provide 42 new dwellings, associated car parking, amenity space and access.

 

The Principal Project Manager (Development) advised that the application had received planning permission on 14 December 2020 subject to conditions and the completion of a Section 106 Legal Agreement to ensure contributions for affordable housing, open space enhancements, secondary education, highways works and sustainable transport measures. The applicant had subsequently presented a Viability Assessment to demonstrate the proposals for residential development were not viable taking into account an alternative use on the site as purpose built student accommodation. An independent assessment had concluded that -“If the Authority is minded that sufficient evidence is provided to allow Purpose Built Student Accommodation to create an Alternate Use Value for the land, then it is our opinion that this would make the development unable to contribute to an on-site affordable housing contribution.”;

 

The Principal Project Manager reiterated the main elements reported at the 14 December 2020 meeting and went on to explain the background to this change and the rationale for proposing to amend the resolution of the December 2020 meeting to omit the reference to affordable housing in the list of matters to be secured by the Section 106 Legal Agreement:-

 

The Principal Project Manager restated the four tests that were relevant to concluding whether the Alternative Use Value was appropriate as suggested in national guidance on viability in plan making and decision taking and that these were considered to be met in respect of purpose built student accommodation. It was confirmed that evidence of the costs and values of the alternative use to justify the land value had been submitted and agreed. As such the Alternative Use Value was considered to be an appropriate basis to assess viability of the proposed development and that the proposed development was unable to contribute to on-site affordable housing. With the exception of the affordable housing offer the application was in all other respects identical to that considered by Committee on 14 December 2020. There had been no material changes to the site or surroundings since that time.

 

The Principal Project Manager referred to the following material changes in circumstances that had taken place since December 2020:-

·         confirmation of the Tree Preservation Order in May 2021. The Tree Preservation Order had been made in December 2020 and was a material consideration in determining the application at that time; confirmation of the Order did not alter the weight that had been attached to it in decision making;

·         updates to the National Planning Policy Framework July 2021. These reinforce the need for design quality and would not affect the recommendation; and

·         the Council’s revised Five Year Housing Land Supply position in September 2021. Weight  ...  view the full minutes text for item 57.

58.

Planning Application No. 20/1187/FUL - Exmouth Junction Gateway Site , Prince Charles Road, Exeter pdf icon PDF 550 KB

To consider the report of the Liveable Exeter Programme Director and City Development Strategic Lead.

 

Additional documents:

Minutes:

The Principal Project Manager and Acting Major Projects Team Leader presented the application for the re-development of the site and construction of a part three, part five storey building containing 51 residential units with associated access and servicing arrangements, car parking, landscaping and infrastructure ancillary to the residential use. (Revised)

 

The Principal Project Manager reported that the application had received a resolution to grant planning permission on 29 April 2021, subject to the completion of a Section 106 Legal Agreement and conditions, the applicant having subsequently contested condition 26, requiring a Locally Equipped Area of Play (LEAP) to be provided on the main Exmouth Junction site before the development subject of this application was occupied.

 

The Principal Project Manager went on to explain the background to this change and the rationale for proposing to remove condition 26 in favour of an additional obligation in the Section 106 Legal Agreement is considered acceptable;

 

·         the condition had been added in accordance with the comments of the Public and Green Spaces Team taking into account the national guidance by Fields in Trust recommending that developments of 1-200 dwellings provide a Local Area for Play (LAP) and Local Equipped Area for Play (LEAP) on-site, or a financial contribution towards the improvement of an existing equipped/designated play space in lieu of on-site provision. The proposed development for 51 dwellings had include a LAP on-site, but not a LEAP due to its relatively small size agreed on the basis that a new LEAP would be provided on the main Exmouth Junction site;

·         the applicant no longer owned the part of the main Exmouth Junction site where the ‘Village Green’ was located and were concerned that the Exmouth Junction Gateway apartment block would not be able to be occupied if the LEAP on the main site was not delivered, and they have no control over the land in question. They therefore requested the removal of the condition and a clause added to the Section 106 legal agreement which would allow a financial contribution to be paid to the Council in lieu, if the terms of the condition are not met; and

·         the Public and Green Spaces Team had agreed a financial contribution of £80,000 for improving existing off-site play areas serving the development. This would only be paid if a LEAP has not been provided on the main Exmouth Junction site before the development is occupied.

 

The Principal Project Manager further advised:-

 

·         revised plans showing balconies for all relevant one-bed flats had been received and the recommendation updated accordingly; 

·         the Council was now able to demonstrate a five year supply of deliverable housing sites with an appropriate buffer removing an automatic application of a presumption in favour of sustainable development. However, this did not change the conclusion that planning permission should be granted; and

·         a Section 106 Legal Agreement would be needed to secure the affordable housing requirement and the contributions that had been requested, which were considered necessary for the development to proceed.  ...  view the full minutes text for item 58.

59.

List of Decisions Made and Withdrawn Applications pdf icon PDF 16 KB

To consider the report of the Liveable Exeter Programme Director and City Development Strategic Lead.

 

Additional documents:

Minutes:

The report of the Liveable Exeter Programme Director and City Development Strategic Lead was received

RESOLVED that the report be noted.

 

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60.

Appeals Report pdf icon PDF 17 KB

To consider the report of the Liveable Exeter Programme Director and City Development Strategic Lead.

 

Minutes:

The schedule of appeal decisions and appeals lodged was submitted.

 

RESOLVED that the report be noted.

 

 

 

61.

SITE INSPECTION PARTY

To advise that the next Site Inspection Party will be held on Tuesday 30 November 2021 at 9.30 a.m.  Members on the previously circulated list were Councillors Morse, Williams and Bialyk.

 

 

 

Minutes:

RESOLVED that the next Site Inspection Party is scheduled for will be held on Tuesday 30 November 2021 at 9.30 a.m. The Councillors attending will be Councillors Bialyk, Morse and Williams.