Agenda item

To consider the report of the Assistant Director City Development.

 

(Report circulated)

 

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 10%; the Highway Authority had no objections; no comment had been received from the Environment Agency; the change in levels of the site would not be as severe as present as levelling would take place.

 

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

• Digby Community Association had raised objection to the proposal in the draft Site Allocation and Development Management Plan document which was out for public consultation for this site to be residential not employment use
• the Council’s Core Strategy Policy CP 2 stated that Sowton, which this site was part of, was designated for employment use
• this site was not suitable for residential use as it was bounded by Sidmouth Road, retail units and the A379; there were no local amenities and it was not in a sustainable location
• the site coming forward at Middlemoor would provide additional residential land
• there were no primary school places available in the vicinity; the nearest school places would be in Clyst St George
• would add additional traffic to the local road network at key times
• how had the building for life score changed from 7.5 to 14.5?
• there were no Doctor’s surgeries in the vicinity
• although the applicants stated that they had sent out leaflets publicising a Public Exhibition no one had attended the Exhibition
• this application would result in the loss of employment land
• objected to the application.

 

Ms Francis (agent) spoke in support of the application. She raised the following points:-

• Harrow Estates specialised in developing Brownfield sites
• the recommendation was for approval
• the quarry had come to the end of its working life and was economically unviable
• Devon County Council had no objection to the use of the site for residential
• this site would help the Council meet its five year housing land supply; this was a Brownfield windfall site
• meets National and Local Policy and is in a sustainable location
• no objections from the statutory consultees
• site would help deliver homes in the city
• asked the Committee to support the application.

 

In response to Members, Ms Francis clarified that technical studies regarding the drainage had been undertaken and dialogue was taking place with South West Water and the Environment Agency; an agency had been used to distribute information regarding the application and the public exhibition and had advertised it in the Echo, were disappointed that only four people turned up to the exhibition; discussions had taken place with Devon County Council regarding the appropriate level of education contribution; the site was 8.34 hectares with the part of the site being developed 6.4 hectares with 0.66 hectares of public open space, this was over the 10% required in the Council’s policy.

 

During discussion, Members raised the following points:-

• lack of usable public open space
• concern that the thick vegetation forming the boundary to the A379 would not deter teenagers from trying to use the area for play; this raised safety issues
• would there be a need for an education contribution towards secondary school places?
• site was a long way from local amenities
• the local primary schools were full to capacity
• this site should be used for small industrial businesses
• need to balance the requirement for employment land and residential use
• site was suitable for residential use
• the play equipment should also be suitable for older children.

 

The Area Planning Officer clarified that the parking on the site exceeded the Council’s minimum requirements; the majority of the gardens were larger than the minimum standards in the Residential Design Guide; and a condition would be placed on any approval regarding the provision of play equipment.

 

The Assistant Director City Development advised Members on the allocation of employment land within the city and the surrounding areas including Sky Park and Science Park, and the Council requirement to meet its five year housing land supply; this site at present employed sixteen people; and the provision of the public open space would form part of the Section 106 Agreement.

 

The Strategic Director (KH) advised Members on the Council’s policy requirement for 10% public open space.

 

RESOLVED that planning permission for the demolition of  buildings and the re-profiling of quarry to provide a platform for 190 residential units, public open space, landscaping, access, pedestrian and cycle links and associated infrastructure be delegated to the Assistant Director City Development in consultation with the Chair of Planning Committee to approve 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 securing the affordable housing, highway contribution, education contribution, Natura 2000 contribution, indoor sports facilities contribution, community facilities contribution, playing pitch contribution, provision of public open space and the need to safeguard a future road link and the following conditions which may be modified if necessary:-

 

1)	The development to which this permission relates must be begun not later than the expiration of two years beginning with the date on which this permission is granted. Reason:  To ensure compliance with sections 91-92 of the Town and Country Planning Act 1990.

 

2)	C15  -  Compliance with Drawings

 

3)	C17  -  Submission of Materials

 

4)	C12  -  Drainage Details

 

5)	C23  -  Permitted Development Restriction

 

6)	C35  -  Landscape Scheme

 

7)	C36  -  No Trees to be Felled

 

8)	C37  -  Replacement Planting

 

9)	C38  -  Trees - Temporary Fencing

 

10)	C70  -  Contaminated Land

 

11)

No construction work shall be undertaken, or machinery operated, within the site outside the hours of 0730 to 1800hrs Mondays to Fridays, 0800 to 1300hrs on Saturdays, nor at any time on Sundays or public holidays without the prior written consent of the Local Planning Authority. Reason:  In the interests of the residential amenity of the occupants of surrounding property.

 

12)

A Construction Environmental Management Plans (CEMP) shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of development on site, and adhered to during the construction period. This should include details of monitoring and mitigation measures to control the environmental impact of the development during the construction and demolition phases, including site traffic, the effects of piling, and emissions of noise and dust. The CEMPs should contain a procedure for handling and investigating complaints as well as provision for regular meetings with appropriate representatives from the Local Authorities during the development works, in order to discuss forthcoming work and its environmental impact. Reason: In the interest of the environment of the site and surrounding areas.

 

13)

Prior to occupation of the development hereby permitted, a travel pack shall be provided informing all residents of walking and cycling routes and facilities, and public transport routes and timetables, car sharing schemes, and the location of local and central shopping and leisure facilities, the form and content of which shall have previously been approved in writing by the Local Planning Authority. Reason: To ensure that all occupants of the development are aware of the available sustainable travel options.

 

14)

The development excluding demolition hereby approved shall not commence until details of the proposed finished floor levels and overall ridge heights of the dwellings, in relation to an agreed fixed point or O.S datum have been submitted to, and been approved in writing by, the Local Planning Authority. Reason: In the interests of the residential amenities of future occupants.

 

15)	C72  -  Highway - Estate Roads etc

 

16)

Prior to occupation of any dwelling the means of access and parking for that dwelling shall be 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.

 

17)

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 to, agreed and approved in writing by the Local Planning Authority and retained for the construction period. Reason: To ensure that adequate on-site facilities are available for the construction traffic attracted to the site.

 

18)

No development shall take place unless and until an Environmental Management Plan which demonstrates how the proposed development will be managed in perpetuity to enhance wildlife has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out entirely in accordance with the approved plan. Reason:  To ensure that the wildlife opportunities associated with the site are maximised in the interests of biodiversity.

 

19)

No dwelling hereby approved shall be occupied until the applicant has submitted a SAP calculation which demonstrates that, through the use of decentralised energy or local energy networks and/or renewable or low carbon energy sources, a 10% reduction in CO2 emissions over that necessary to meet the requirements of the Building Regulations current at the time of Building Regulations approval can be achieved. The measures necessary to achieve this CO2 saving shall thereafter be implemented on site. Reason: In the interests of sustainable development.

 

20)

Any individual dwelling hereby approved shall achieve a Code Level 3 (including a 25% C02 emissions rate reduction from Part L 2006) as a minimum, but shall achieve a Code Level 4 (including a 44% C02 emissions rate reduction from Part L 2006) if commenced on or after 1 January 2013, and a Code Level 5 (Zero Carbon) if commenced on or after 1 January 2016, in accordance with the requirements of the Code for Sustainable Homes 2006 and the Code for Sustainable Homes Technical Guide November 2010 (or such equivalent standard that is approved in writing by the Local Planning Authority) and Exeter Core Strategy Policy CP15. No dwelling shall be occupied until a Final Code Certificate has been issued for it certifying that a Final Code of 3, 4 or 5 has been achieved as appropriate. Reason: In the interests of sustainable development.

 

21)

No building shall be occupied, and no connection to the public sewerage system shall take place, until all improvements to the public sewerage network rendered necessary for the occupation of that part of the development have been completed and confirmed in writing by the Local Planning Authority (in consultation with South West Water) as being satisfactory. Reason: To ensure that the public foul sewer network has sufficient capacity to serve the proposals.

 

22)

Notwithstanding condition no. 2 and prior to first occupation of the dwellings full details of the sound insulation measures shall be submitted to and approved in writing by the Local Planning Authority and the following shall thereafter be provided in accordance with such details: Reason: Insufficient information has been submitted with the application and in the interests of residential amenity.

 

23)       Prior to occupation of the development hereby permitted, secure cycle parking shall be provided in accordance with details previously submitted to and approved in writing by the Local Planning Authority, and the cycle parking shall be maintained thereafter.

Reason: To ensure that cycle parking is provided, to encourage travel by sustainable means in accordance with Local Plan policy T3.

 

24)       Prior to commencement of the development excluding demolition, a detailed scheme of pedestrian and cycle links (including the connection to Sidmouth Road and connections at the boundaries of the site) shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of surface treatment, lighting, street furniture and signage. The approved scheme shall be adhered to at all times, including (where applicable) any amendments subsequently agreed in writing by the Local Planning Authority.

Reason:  to ensure that the pedestrian and cycle routes are provided and maintained in accordance with Local Plan policy T3, to encourage travel by sustainable means.

 

25)       No development, excluding demolition, shall have taken place until a bat survey and reptile survey has been submitted to and approved in writing by the Local Planning Authority. Any mitigation and enhancement recommended in the surveys shall be carried out as approved by the Local Planning Authority.

            Reason: In the interests of preserving and enhancing wildlife opportunities on the area.

 

26)       Prior to occupation of the development hereby permitted, full details of the play equipment including timing of installation to be provided in the areas of the public open space shall be submitted to and approved in writing by the Local Planning Authority, and shall be maintained thereafter.

            Reason: In the interests of residential amenity.

 

In the event that the Section 106 Agreement is not completed within six months of the date of this committee meeting, authority be delegated to the Assistant Director City Development to refuse permission for the reason that inadequate provision has been made for the matters which were intended to be dealt within the Section 106 Agreement.

 

(Report circulated)