Agenda item

Planning Application No. 15/0829/01 - Land to the north of Belmoor Lodge, Pilton Lane, Exeter

To consider the report of the Assistant Director City Development.

 

Minutes:

The City Development Manger presented the application for outline consent for up to eight dwellings served from Pilton Lane (all detailed matters i.e. access, appearance, landscaping, layout and scale reserved for future consideration).

 

He referred to issues raised regarding access as there were concerns at the difficulty of a right turn onto the main road and to concerns in respect of drainage. The Highways Development Management Officer stated that he was comfortable with the highways design for the site and officers were satisfied that drainage would not be a problem.

 

Mrs Kite spoke against the application. She made the following points:-

 

·         objections by residents of Belmoor Lodge and Stable Cottage, both of which lie to the south of the application site

·         eight houses are considered to be too many for this site with the plan appearing to show a density even greater than that approved for the neighbouring Strongvox development. Desirable that the layout should be at least in keeping with the neighbouring development if not with existing properties on Pilton Lane. Not more than five or six houses from Strongvox development could be built on this site

·         excessive, destruction of hedgerow which will destroy the rural nature of Pilton Lane.

·         there would be an adverse impact on parking, traffic and road safety especially as Pilton Lane and Harts Lane are a network of lanes principally to be developed as routes for pedestrians and cyclists. The Strongvox development recognises the nature of Pilton Lane and proposes only pedestrian and cycle access onto it - the increased pedestrian and cycle traffic generated by the Strongvox development together with the vehicle movements in and out of Brookhayes, the traffic generated by St Luke’s College and the use of Harts Lane and Pilton Lane by many St Lukes pupils provides a strong argument against any further development;

·         the Transport Statement attempts to show that increased traffic would not be significant, but ignores “the convoluted route” vehicles have to take to get to Hill Barton and Pinhoe Roads. An additional eight dwellings with vehicular access onto Pilton Lane will have a detrimental effect on safety; and

·         request refusal of the application

 

It was noted that the development would be Community Infrastructure Levy liable. Given that all matters were reserved for subsequent approval, it was not possible to calculate the final CIL liability at this stage. Although the Education Authority had referred to funding of additional school places through CIL contributions derived from this proposal, it was noted that no decision had been made on the allocation of CIL contributions associated with this application and therefore there could be no assumptions made in this respect.

 

The Chair reassured those who had concerns about the development that the application was outline and that, before final approval, a site visit by Members as well as a separate working group would consider the proposed details and that the application for reserved matters would then be submitted to this Planning Committee. As such, the concerns expressed regarding the site being too small to cater for the number of houses proposed and any other matters of detail would be assessed in detail.

 

RESOLVED that, subject to the completion of a Section 106 Agreement under the Town and Country Planning Act 1990, requiring the following:-

 

·         affordable housing;

·         commitment to district heating; and

·         a financial contribution of £500/dwelling towards a Traffic Plan and Traffic Order contribution.

 

planning permission for outline application for up to eight dwellings served from Pilton Lane (all detailed matters i.e. access, appearance, landscaping, layout and scale reserved for future consideration) be APPROVED subject also to the following conditions:-

 

1)

Application for the approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of the permission and the development hereby permitted shall be begun before the expiration of five years from the date of the permission, or before the expiration of two years from the date of the approval of the last of the reserved matters to be approved whichever is the later.

Reason:  To ensure compliance with section 91 - 93 of the Town and Country Planning Act 1990.

 

2)

Approval of the details of the layout, scale, appearance of the buildings, the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

Reason: To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters.

 

3)

Samples of the materials it is intended to use externally in the construction of the development shall be submitted to the Local Planning Authority. No external finishing material shall be used until the Local Planning Authority has confirmed in writing that its use is acceptable. Thereafter the materials used in the construction of the development shall correspond with the approved samples in all respects.

Reason: To ensure that the materials conform with the visual amenity requirements of the area.

 

4)

A detailed scheme for landscaping, including the planting of trees and/or shrubs and hard landscaping including boundary screen walls and fences shall be submitted to the Local Planning Authority as part of the submission of reserved matters;  such scheme shall specify types and species, and any earthworks required, together with a programme of planting and the timing of implementation of the scheme. Thereafter the development shall be implemented in accordance with the approved details.

Reason:  To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

 

5)

In the event of failure of any trees or shrubs, planted in accordance with any scheme approved by the Local Planning Authority, to become established and to prosper for a period of five years from the date of the completion of implementation of that scheme, such trees or shrubs shall be replaced with such live specimens of such species of such size and in such number as may be approved by the Local Planning Authority.

Reason:  To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

 

6)

Prior to the commencement of the development a Sustainable Urban Drainage Scheme (SUDS) to deal with surface water associated with the development shall be submitted to and approved in writing by the Local Planning Authority (in consultation with Devon County Council as the Lead Local Flood Authority). The said scheme shall include details of the on-going maintenance arrangements associated with any drainage system to be installed. The development shall be implemented strictly in accordance with the approved scheme.

Reason: - To ensure the satisfactory drainage of the development. This information is required before development commences to ensure that adequate arrangements are put in place to deal with surface water drainage associated with the proposal.

 

7)

Prior to commencement of any dwelling the developer shall submit to the Local Planning Authority an assessment to show how the requirements of condition 12 will be met.  The measures set out in that assessment shall subsequently be implemented on site in relation to each individual dwelling prior to the first occupation of that dwelling.

Reason: To ensure that the proposal complies with Policy CP15 of Council's Adopted Core Strategy and in the interests of delivering sustainable development.

 

8)

No development shall take place on site until a full investigation of the site has taken place to determine the extent of, and risk posed by, any contamination of the land and the results, together with any remedial works necessary, have been agreed in writing by the Local Planning Authority. The buildings shall not be occupied until the approved remedial works have been implemented and a remediation statement submitted to the Local Planning Authority detailing what contamination has been found and how it has been dealt with together with confirmation that no unacceptable risks remain.

Reason: In the interests of the amenity of the occupants of the buildings hereby approved. This information is required before development commences to ensure that the site will be fit for residential occupation.

 

9)

No development related works shall take place within the site until a written scheme of archaeological work has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include on-site work, and off-site work such as the analysis, publication, and archiving of the results, together with a timetable for completion of each element. All works shall be carried out and completed in accordance with the approvedscheme, unless otherwise agreed in writing by the Local Planning Authority.

Reason:  To ensure the appropriate identification, recording and publication of archaeological and historic remains affected by the development. This information is required before development commences to ensure that historic remains are not damaged during the construction process.”

 

10)

No development related works shall take place within the site until a Construction Environmental Management Plans (CEMP) shall be submitted to and agreed in writing by the Local Planning Authority.  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. Thereafter the CEMP shall be adhered to during the construction period unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interest of the environment of the site and surrounding areas.

 

11)

No 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 those purposes during the construction period.

Reason:  To ensure that adequate facilities are available for the construction traffic attracted to the site, in the interest of public safety. 

 

 

12)

Any individual dwelling hereby approved shall achieve Code for Sustainable Homes (CSH) Level 4 in respect of Energy and CO2 Emissions including a 44% CO2 emissions rate reduction from Building Regulations Part L 2006 as a minimum, in accordance with the requirements of the Code for Sustainable Homes 2006, the Code for Sustainable Homes Technical Guide November 2010 and the Code Addendum May 2014 (or such equivalent standard that maybe approved in writing by the Local Planning Authority) and Exeter Core Strategy Policy CP15.

Reason - In the interests of sustainable development.

 

13)

Prior to occupation of any dwelling hereby approved a Wildlife Plan which demonstrates how the proposed development has been designed to enhance the ecological interest of the site, and how it will be managed in perpetuity to enhance wildlife has been submitted to and approved by the Local Planning Authority. Thereafter the development shall be carried out and managed strictly in accordance with the approved measures and provisions of the Wildlife Plan.

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

 

14)

Prior to the occupation of each dwelling hereby approved, ducting or equivalent service routes should be installed capable of accommodating at least 6 separate fibre-optic cables that enable electronic communications services network suppliers to freely connect between the boundary of the site and the inside of each dwelling for the purposes electronic communications.

Reason: To contribute to the development of high speed broadband communication networks and to ensure that adequate provision is made to meet the needs of future occupants of the dwellings for high speed internet access in line with paragraph 42 of the NPPF.

 

15)

Unless otherwise agreed in writing the development hereby approved shall be carried out strictly in accordance with the provisions and recommendations contained in the submitted Reptile Survey and Mitigation Strategy by PLANeco.

Reason: To ensure that adequate mitigation measures are implemented to protect and preserve the identified slow worm population present on the site.

 

16)

Construction work shall not take place outside the following times: 8am to 6pm (Monday to Fridays); 8am to 1pm (Saturdays); nor at any time on Sundays, Bank or Public Holidays.

Reason: In the interests of the amenity of occupants of nearby buildings.

 

17)

No individual dwelling hereby approved shall be brought into its intended use until secure cycle parking facilities for residents have been provided in accordance with details that shall previously have been submitted to, and approved in writing by, the Local Planning Authority. Thereafter the said cycle parking facilities shall be retained for that purpose at all times

Reason: To ensure that cycle parking is provided, in accordance with Exeter Local Plan Policy T3.

 

In the event that the Section 106 Agreement under the Town and Country Planning Act 1990 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 matters which were intended to be dealt with in the Section 106 Agreement.

 

Supporting documents: