Minutes:
Councillor Newby declared a prejudicial interest as he was a Member of the Haven Banks Outdoor Education Centre Management Committeeand he left the meeting during consideration of this item.
The Head of Planning Services presented the application for a three storey building to provide a restaurant, ancillary accommodation, bin store, cycle racks at ground floor level and 14 self-contained flats on first and second floor levels.
He reported that one additional letter of objection concerning the size of new building; inappropriate materials; not compliant with Masterplan; inappropriate in the area; steps preventing wheelchair access, increased traffic and parking levels in area and loss of views within the Basin had been received. The Director of Environment, Economy and Culture commented that the external doors should open inwards.
The Head of Planning Services reported that Devon County Council’s view was that the cycleway may need to be diverted as a result of this application; this would be covered if necessary by the section 106 agreement.
The recommendation was for approval subject to a section 106 agreement regarding the provision of traffic orders, affordable housing, financial contributions towards highway works, education and the public realm and public art in the area. Additional conditions were also proposed regarding a wildlife plan and ventilation/extraction equipment.
Mr B MacDonald (agent) spoke in support of the application. He made the following points:-
· acknowledged the importance of the area to Exeter
· the proposal made a positive contribution to the regeneration of the area
· sets a precedent for quality design
· this was a challenging site
· commercial use on the ground floor with luxury apartments above
· the design of the roof was in keeping with the surrounding properties
· landmark building fit for the site
· enhanced the character of the area
RESOLVED that planning permission for three storey building comprising restaurant, ancillary accommodation (Class A3), bin store, cycle racks at ground floor level, 14 self contained flats on first/second floor levels and associated works be approved subject to a section 106 agreement regarding the provision of affordable housing, financial contributions to highway works, the Water Lane link, traffic orders, education and public realm improvementsand public art in the area, and diversion of the cycleway if required and 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 24 November 2006 (dwg. no(s). ), as modified by other conditions of this consent.
Reason: In order to ensure compliance with the approved drawings.
3) C17 - Submission of Materials
4) C12 - Drainage Details
5) Notwithstanding condition no.2, no work shall commence on this site under this permission until full details 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:
(a) windows to include materials, means of opening, reveals, cills and headers;
(b) external doors;
(c) rainwater goods;
(d) lighting;
(e) boundary treatment;
(f) refuse storage;
(g) hours of construction and location of site compound;
(h) cycle parking.
Reason: Insufficient information has been submitted with the application and in the interests of visual amenity.
6) C57 - Archaeological Recording
7) No development shall commence until details of the works to be carried out in association with the adopted Canal Basin Public Realm Plan have been submitted to and approved by the Local Planning Authority and there after carried out in accordance with the approved details.
Reason: To accord with the requirements of the Public Realm Plan and in the interests of visual amenity.
8) The restaurant use hereby approved shall not be carried on other than between the hours of 0900 hrs and 2400 hrs.
Reason: So as not to detract from the amenities of the near-by residential properties
9) No development shall commence until a Wildlife Plan has been submitted to and approved by the Local Planning Authority which demonstrate how the fabric of the building has been adapted to allow for breeding bats and birds. Following the written approval of the Wildlife Plan by the Local Planning Authority the recommendations shall be undertaken in accordance with the approved details.
Reason: In the interests of improving wildlife habitats in the area.
10) No development shall commence until full details of the ventilation/extraction equipment has been submitted to and approved in writing by the Local Planning Authority and thereafter provided in accordance with such details.
Reason: Insufficient information has been submitted with the application and in the interests of visual amenity.
11) Prior to the bringing in use of the development hereby permitted one bat box/roosting area and one bird box/cavity shall be provided within the building in accordance with details that have previously been agreed in writing by the Local Planning Authority.
Reason: In the interests of improving wildlife habitats in the area.