Agenda item

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

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 following conditions:-

 

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)

C57  -  Archaeological Recording

 

6)

The development 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 visual amenities of the area and the residential amenities of the occupants of surrounding properties

 

7)

C35  -  Landscape Scheme

 

8)

C37  -  Replacement Planting

 

9)

C38  -  Trees - Temporary Fencing

 

10)

C72  -  Highway - Estate Roads etc

 

11)

No part of the development hereby approved shall be occupied until the on-site parking facilities together with any means of access have been provided and surfaced 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.

 

12)

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.

 

13)

Unless otherwise agreed in writing, prior to first occupation of more than eight of the dwellings hereby permitted, the road link between plots 48 and 49 shall be constructed up to, and contiguous with, the boundary line dividing the application site from the land to the immediate north, and the 3 metre wide pedestrian and cycle link between plots 45 and 46 shall be constructed up to the surfaced public highway in Old Rydon Close, both in accordance with details to be approved pursuant to condition 10. 

Reason: To ensure that appropriate connections are made between the site and adjoining land in the interests of promoting the use of sustainable modes of transport in accordance with policies T1 and T3 of the adopted Exeter Local Plan First Review and policy CP17 of the Exeter Local Development Framework Core Strategy.

 

14)

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 at all times thereafter.

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

 

15)

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for an amended investigation and risk assessment and, where necessary, a remediation strategy and verification plan detailing how this unsuspected contamination shall be dealt with. Following completion of measures identified in the approved remediation strategy and verification plan and prior to occupation of any part of the permitted development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority.

Reason:  In the interests of the amenity of the occupants of the building(s) hereby approved.

 

16)

A Construction and Demolition Environmental Management Plan (CEMP) shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of development, and adhered to during the construction period. This should include details of the monitoring and mitigation measures to control the environmental impact of the development during the construction and demolition phases, including site traffic and emissions of noise and dust. This should include details of the phasing and timing of work and measures that will minimise the impact of construction traffic on the local road network, including parking. The CEMP should contain a procedure for handling and investigation complaints as well as provision for regular meetings with appropriate representatives from the Local Authorities during the development, in order to discuss forthcoming work and its environmental impact.

Reason: To minimise the potential for disruption during the construction process.

 

17)

Unless otherwise agreed in writing, construction/demolition work shall not take place outside the following times; 8am to 6pm (Mondays to Fridays); 8am to 1pm (Saturdays); nor at any time on Sundays, Bank or Public Holidays.

Reason: In the interest of residential amenity.

 

18)

The development shall be carried out in accordance with the Ecological Management Plan prepared by EAD Ecological Consultants, and received by the City Council on 25 June 2012. 

Reason: In the interests of protecting and improving existing and creating new wildlife habitats in the area.

 

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% CO2 emissions rate reduction from Part L 2006) as a minimum, but shall achieve a Code Level 4 (including a 44% CO2 emissions rate reduction from Part L 2006) if commenced on or after 1st January 2013, and a Code Level 5 (Zero Carbon) if commenced on or after 1st 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 Level of 3, 4 or 5 has been achieved as appropriate.

Reason: In the interests of sustainable development.

 

21)

The Local Planning Authority shall be notified in writing of the identity of all dwellings for which construction has commenced before 1st January 2013, and of the identity of all dwellings for which construction has commenced thereafter but before 1st January 2016, within 10 working days following each of those dates.

Reason: In the interests of sustainable development.

 

In the event that the required Section 106 Agreement was not completed within six months of the date of this committee meeting, or if within that period agreement cannot be reached on an appropriate level of contribution, 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 with in the Section 106 Agreement.

 

(Report circulated)

 

Supporting documents: