Agenda item

To consider the report of the Service Lead City Development.

The Assistant Service Lead City Development presented the application for outline planning permission for development of site to provide seven residential units (three open market and four self-build plots) with access from Newcourt Road (Appearance, Landscaping, Layout and Scale all reserved for subsequent approval). He reported further objections from the Topsham Society referring to a recent application for 23 dwellings on an adjoining piece of land to which it also objected asking for consideration of development issues in the wider area.

Ms Baddeley spoke in support of the application. She raised the following points:-

·         scheme could deliver housing in a sustainable location without significant impacts. The site is located adjacent to the built-up area boundary of Topsham, in a sustainable location with good connections to its physical, social and community and green infrastructure; 

·         development of the site will not harmfully impact on the setting of either Topsham or Exeter and there are no technical reasons, including from highways perspectives, to withhold permission;

·         contributes to the Council’s five year housing land supply;

·         the conclusions reached by the Inspector in the appeal decision in relation to land at Clyst Road are of key importance in determining the application;

·         tenure is in line with existing and emerging policy as, in addition to four of the houses being self-build, only three would be open market;

·         significant financial benefits to the Council as the application will trigger a significant monetary injection to deliver affordable housing in the City; and

·         request the grant of planning permission, subject to the completion of a Section 106 agreement.

Members expressed some concerns regarding traffic generation and were advised that the Highway Authority did not object as there would be minimal extra traffic from seven dwellings and that a condition requiring a footpath fronting Newcourt Road would be provided which would be replicated should the land to the north be developed. Reference was made to the continuing pressure on the ‘Topsham Gap’ and it was noted that the report concluded that the site did not make a significant contribution to the visual amenity of the urban fringe and that the development of this small site would not in itself lead to any material coalescence between Topsham and Exeter.

The recommendation was for approval, subject to the conditions as set out in the report.

The Service Lead City Development agreed to consult with the Chair of this Committee in respect of any subsequent reserved matters applications received for this development.

RESOLVED that, subject to the completion of a Section 106 Agreement under the Town and Country Panning Act 1990 to secure an affordable housing financial contribution, planning permission for seven residential units (three open market and four self-build plots) with access from Newcourt Road (Appearance, Landscaping, Layout and Scale all reserved for subsequent approval) 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 this permission and the development hereby permitted must be begun not later than two years from the final approval of the last of the reserved matters to be approved.

Reason: To comply with Section 92 rule 2 of the Town and Country Planning Act 1990 as amended.

2.         Details of the appearance, landscaping, layout, and scale, (hereinafter called the reserved matters) shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

Reason: To safeguard the rights of the local planning authority in respect of the reserved matters. This information is required before development commences to ensure that the development is properly planned with appropriate regard to the reserved matters.

3.         In respect of those matters not reserved for later approval, the development hereby permitted shall be carried out in accordance with drawing no. 48030-GA-001 and 246:1:01 G (in respect of the access arrangements and associated replacement Devon hedge bank contained within the red lines).

Reason - To ensure that the means of access to serve the development (which is not a reserved matter) are acceptable from a highway safety perspective.

4.         Pre-commencement condition: Prior to commencement of the development, details shall be submitted to the Local Planning Authority of secure covered cycle parking provision for the development. Development shall not be commenced until such details have been agreed in writing by the Local Planning Authority, and prior to occupation the cycle parking shall be provided in accordance with the submitted details.

            Reason: To provide adequate facilities for sustainable transport.

5.         Pre-commencement condition: No part of the development hereby approved shall be commenced until details of the footway adjacent to the site (on Newcourt Road) and crossing point on Newcourt Road, have been provided and maintained in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority and retained for that purpose at all times.

            Reason:  To provide a safe and suitable access in accordance with paragraphs 108 and 110 of the National Planning Policy Framework and policy CP9 of the ECC Core Strategy

6.         Pre-commencement condition: 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 approved scheme, 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.

7.         Pre-commencement condition: 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 building(s) 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 any remedial works are properly considered and addressed at the appropriate stage.

8.         Pre-commencement condition: Prior to commencement of the development the applicant shall submit for approval in writing by the LPA an Acoustic Design Statement. Any mitigation measures required shall be implemented in full prior to occupation of the development, and maintained thereafter. The Professional Practice Guidance Note (ProPG): Planning and Noise for New Residential Development May 2017 (ANC, IoA and CIEH) describes the expected content and approach of an Acoustic Design Statement.

Reason: In the interests of residential amenity

9.         Pre-commencement condition: Before commencement of construction of the development hereby permitted, the applicant shall submit a SAP calculation which demonstrates that a 19% reduction in CO2 emissions over that necessary to meet the requirements of the 2013 Building Regulations can be achieved. The measures necessary to achieve this CO2 saving shall thereafter be implemented on site and within 3 months of practical completion of any dwelling the developer will submit a report to the LPA from a suitably qualified consultant to demonstrate compliance with this condition.

            Reason: In the interests of sustainable development and to ensure that the development accords with Core Strategy Policy CP15.

10.       Pre-commencement condition: Before commencement of the development details of a biodiversity management and enhancement programme for the site shall be submitted to and approved by the local planning authority and the programme shall be implemented and maintained thereafter in accordance with the approved details.

            Reason: To enhance the biodiversity quality of the site.

11.       No site machinery or plant shall be operated, no process shall be carried out and no demolition or construction related deliveries received or dispatched from the site except between the hours of 8 am to 6pm Monday to Friday, 8am to 1pm Saturday and at no time on Sundays, Bank or Public Holidays.

Reason: To protect the amenity of the locality, especially for people living and/or working nearby.

12.       The development shall not be carried out otherwise than in accordance with a surface water drainage scheme, which shall include details of the means of attenuation and disposal of surface water from the site, including through the use of sustainable drainage systems.  Details of the scheme, a timetable for tis implementation and details of its future management, shall be in general compliance with Drainage Strategy Statement – Rev A dated 10/12/18, and shall be submitted to and approved in writing by the LPA prior to the commencement of development.  The scheme shall be implemented in accordance with the approved details and timetable for implementation.

Reason: To ensure that surface water runoff from the development is managed in accordance with the principles of sustainable drainage systems.

13.       Any trees, shrubs and/or hedges on or around the site shall not be felled, lopped or removed without the prior written consent of 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.

Informatives

1)         In accordance with Chapters 1 and 2 of the Conservation of Habitats and Species Regulations 2017, this development has been screened in respect of the need for an Appropriate Assessment (AA). Given the nature of the development, it has been concluded that an AA is required in relation to potential impact on the relevant Special Protection Area (SPA), the Exe Estuary, which is a designated European site. This AA has been carried out and concludes that the development is such that it could have an impact primarily associated with recreational activity of future occupants of the development. This impact will be mitigated in line with the South East Devon European Site Mitigation Strategy prepared by Footprint Ecology on behalf of East Devon and Teignbridge District Councils and Exeter City Council (with particular reference to Table 26), which is being funded through a proportion of the Community Infrastructure Levy (CIL) collected in respect of the development being allocated to funding the mitigation strategy. Or, if the development is not liable to pay CIL, to pay the appropriate habitats mitigation contribution through another mechanism (this is likely to be either an undertaking in accordance with s111 of the Local Government Act 1972 or a Unilateral Undertaking).

2)         A legal agreement under Section 106 of the Town and Country Planning Act 1990 relates to this planning permission.

3)         The Local Planning Authority considers that this development will be CIL (Community Infrastructure Levy) liable. Payment will become due following commencement of development. Where a chargeable development is commenced before the Local Authority has received a valid commencement notice (ie where pre-commencement conditions have not been discharged) the Local Authority may impose a surcharge, and the ability to claim any form of relief from the payment of the Levy will be foregone. You must apply for any relief and receive confirmation from the Council before commencing development. For further information please see www.exeter.gov.uk/cil.

4)         In accordance with Paragraph 38 of the National Planning Policy Framework the Council has worked in a positive and pro-active way with the Applicant and has negotiated amendments to the application to enable the grant of planning permission

5)         The submitted site plan (246:1:01 G) is indicative except in so far as it shows the access arrangements and it should not be assumed to show an acceptable layout.

5)         The applicant’s attention is drawn to the requirements of Network Rail set out in their emailed communication dated 16 October 2018.

6)         The applicant’s attention is drawn to the requirements of South West Water set out in their emailed communication dated 27 September 2018.