Agenda item

To consider the report of the Service Lead City Development.

 

 

The Principal Project Manager (Development) (MD) presented the outline application for the redevelopment of the Exeter College Hele Road Campus (including demolition of some existing buildings) to deliver upgraded, purpose-built educational facilities, together with the provision of associated landscaping, pedestrian access improvements and associated infrastructure (with all matters reserved) (Exeter College Masterplan).

 

The proposal was to redevelop the site for continued educational use with a 20-year masterplan for the Exeter College Hele Road Campus providing additional teaching accommodation to meet projected student growth. Planning permission was sought for an extended time period of 15 years to submit reserved matters applications in phases as and when funding becomes available. The purpose of the masterplan and supporting documents was to ensure that this development comes forward in a coordinated, well-designed way. The planning permission would provide investment certainty for the College, as well as a degree of flexibility to enable the College to refine individual proposals to meet specific needs in the future.

 

Responding to Members, the Principal Project Manager (Development) (MD) advised that:-

 

·         the initial upgrade in teaching facilities would be an Information Technology facility as part of a national information and digital technology initiative;

·         the illustrative access off the junction of St Davids Hill and Howell Road would be subject to reserved matters application with view to be given to the provision of wheelchair access; and

·         the clock tower was a listed building but not an Ancient Monument.

 

Jo Davis spoke in support of the application. She raised the following points:-

 

·         the important role Exeter College plays within the city, and the important benefit the College’s city centre location brings to the success of the College;

·         positive pre-application process with the County Council since September 2018, engaging with numerous departments within the City Council - Planning, Conservation, Placemaking, Environmental Health as well as County Council Highways and Drainage sections, Historic England and the South West Design Review Panel;

·         positive discussions continued throughout the application stage seeking to ensure that the scheme proposals meet the high quality design that is required for this important site, but also provides the College with the flexibility to develop the site effectively over a 15-20 year period; and

·         seeking to secure public realm and highway safety improvements surrounding the site, whilst ensuring they are fair and proportionate to the development proposed.  A series of highway mitigation measures are proposed including works to Hele Road and Howell Road and a package of Section 106 contributions to improve the existing Hele Road pedestrian crossing and the Clock Tower Roundabout.

 

She responded as follows to Members queries:-

 

·         the proposal is in response to the assessment of local demographics which predict a 35% increase in student numbers in the next 20 years, the demand to be met through a phased development;

·         the major rationale in the site development is sustainability as the College can continue to serve the city as well as the wider Devon hinterland; and

·         will look to provide data on projected car usage in future years as well as numbers for pedestrian and cyclists.

 

The Principal Project Manager (Development) (MD) stated that the County Council had sought a £475,000 contribution towards a scheme to turn the Clock Tower roundabout into a T junction with increased public open space, representing half of the total cost. Exeter College had also produced an alternative pedestrian/cycling improvement scheme for the roundabout not involving any additional public open space, which could be delivered with a contribution of £62,700. A sum of £15,000 had also been proposed to widen the existing pelican crossing at the junction of Hele Road and New North Road.

 

The Highways Development Management Officer explained that the reason for the County Council request for a financial contribution from Exeter College was that the Clock Tower roundabout was the worst performing accident cluster site in Devon. There was a marked pedestrian and cyclist desire line to the city centre from the College which would grow with the estimated increase of 35% in student numbers or an uplift of 4,200 in years to come. A contribution of £77,700 he believed was insufficient to provide necessary mitigation measures.

 

The Service Lead City Development advised that City Council officers had not considered the County Council request to be fair or reasonable and that the College, which operated as a business, should not be expected to contribute at this level to highway improvements. The alternative was considered appropriate and in line with National Planning Policy Framework guidance. Members supported this view, noting that, normally, the County Council would request Section 106 contributions to be made to schools rather than asking educational/public institutions for contributions.

 

Members welcomed the proposal, noting that the removal of the College tower block would improve the amenity of the nearby Almshouses. One Member expressed some concern regarding potential impact of car parking on surrounding residential roads.

 

The recommendation was for approval, subject to the conditions as set out in the report and update sheet and a Section 106 Agreement under the Town and Country Planning Act 1990 to secure £62,700 towards pedestrian and cycling improvements to the Clock Tower roundabout and £15,000 to widen the pelican crossing on Hele Road.

 

The recommendation was moved and seconded.

 

RESOLVED that, subject to the completion of a Section 106 Agreement under the Town and Country Planning Act 1990, to secure a contribution to Devon County Council to implement a scheme to improve the safety of the Clock Tower roundabout being a sum of £62,700 towards pedestrian and cycling improvements at the roundabout together with £15,000 to widen the pelican crossing on Hele Road, outline application for the re-development of the Exeter College Hele Road Campus (including demolition of some existing buildings) to deliver upgraded, purpose-built educational facilities, together with the provision of associated landscaping, pedestrian access improvements and associated infrastructure (with all matters reserved) (Exeter College Masterplan) be APPROVED, subject also to the following conditions:-

 

 

1.         Non-standard Time Limits – Outline Planning Permission

 

Application(s) for the approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 15 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 sections 91 - 93 of the Town and Country Planning Act 1990.

 

2.         Reserved Matters

 

Details of the access, 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.         Approved Plans

 

The development hereby permitted shall be carried out on the land outlined in red on drawing number EC-KT-XX-XX-DR-A-XX-1864-SK100-P2 (‘Site Location Plan’). The access points to the development shall be in the areas shown on drawing number EC-KT-XX-XX-DR-A-XX-1864-SK403-P2 (‘Masterplan as Proposed (Sheet 04)’). The development shall not be carried out otherwise than within the parameters shown on drawing numbers:

 

·         EC-KT-XX-XX-DR-A-XX-1864-SK408-P2 (‘Parameters Plan – Heights’)

·         EC-KT-XX-XX-DR-A-XX-1864-SK409-P2 (‘Parameters Plan – St David’s Elevation’)

·         EC-KT-XX-XX-DR-A-XX-1864-SK410-P1 (‘Parameters Plan – Howell Rd Ele’)

·         EC-KT-XX-XX-DR-A-XX-1864-SK411-P1 (‘Parameters Plan – Development Zones’).

Reason: To ensure compliance with the approved drawings.

 

4.         Phasing Plan

 

Either with or in advance of the first reserved matters application a Phasing Plan setting out the phasing of construction of the development, including landscaping, shall be submitted to the Local Planning Authority for approval. The development shall not commence until the Phasing Plan has been approved in writing by the Local Planning Authority and the development shall be implemented in accordance with the approved Phasing Plan. Any amendment to the Phasing Plan shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development on any undeveloped phases.

Reason: To ensure the practical delivery of the development, including demolition of existing buildings, construction of new buildings and landscaping.

 

5.         Design Code

 

Either with or in advance of the first reserved matters application a Design Code for the development of the site shall be submitted to the Local Planning Authority for approval. The Design Code shall fit the description of ‘Design code’ in Annex 2: Glossary of the National Planning Policy Framework (NPPF) (February 2019). The development shall not commence until the Design Code has been approved in writing by the Local Planning Authority.

Reason: To ensure consistency in design across all phases of the masterplan.

 

 

6 - Design and Heritage Statements

 

Unless otherwise agreed in writing by the Local Planning Authority, a Design and Heritage Statement shall be submitted to and approved in writing by the Local Planning Authority as a part of the reserved matters submissions required by condition 2. The statements shall explain how the reserved matters have been designed to accord with the parameters plans approved under condition 3 and the Design Code approved under condition 5, or in the case of the latter the reason(s) why this was not possible, in which case the design rationale for the reserved matters shall be included. The statement shall also explain the impact of the reserved matters on the significance of any heritage assets on the site of the reserved matters application and/or in the surrounding area that will be affected by the reserved matters in terms of their settings.

Reason: In the interests of design/landscape quality in accordance with Policies CP16 and CP17 of the Core Strategy and saved Policy DG1 of the Exeter Local Plan First Review; the preservation/enhancement of the character or appearance of the conservation area in accordance with saved Policy C1 of the Exeter Local Plan First Review; the preservation/enhancement of listed buildings/locally listed buildings or their settings that are affected by the reserved matters in accordance with saved Policies C2 and C3 of the Exeter Local Plan First Review; and the preservation/recording of any archaeological remains that may be present on the site of the reserved matters in accordance with saved Policy C5 of the Exeter Local Plan First Review.

 

7.         Waste Audit Statements

 

Unless otherwise agreed in writing by the Local Planning Authority, a Waste Audit Statement shall be submitted to and approved in writing by the Local Planning Authority as a part of the reserved matters submissions required by condition 2. The statements shall include all information outlined in the waste audit template provided in Devon County Council’s Waste Management and Infrastructure Supplementary Planning Document (July 2015). The development shall be carried out in accordance with the approved statement.

Reason: To minimise the amount of waste produced and promote sustainable methods of waste management in accordance with Policy W4 of the Devon Waste Plan and the Waste Management and Infrastructure Supplementary Planning Document.

 

8.         Up-to-date Tree Survey/Arboricultural Impact Assessment/Tree Protection Plans

 

Unless otherwise agreed in writing by the Local Planning Authority, an Arboricultural Impact Assessment (AIA) and Tree Protection Plan (TPP) shall be submitted to and approved in writing by the Local Planning Authority as a part of the reserved matters submissions required by condition 2. The AIA and TPP will be based on and accompanied by a Tree Survey covering the site of the reserved matters application carried out within the 12 month period preceding the submission of the application. The approved TPP shall be implemented throughout the construction of the development approved by the reserved matters application.

Reason: To protect the trees to be retained on or adjacent to the site of the reserved matters application in accordance with saved Policies LS4 and DG1(c) of the Exeter Local Plan First Review, and the Trees in Relation to Development Supplementary Planning Document (September 2009).

 

9.         Sustainable Urban Drainage Systems (SUDS) Statements

 

Unless otherwise agreed in writing by the Local Planning Authority, a Sustainable Urban Drainage Systems (SUDS) Statement 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 as a part of the reserved matters submissions required by condition 2. The SUDS Statement shall include a plan showing the design of the permanent surface water drainage management system for the site of the reserved matters application approved under condition 15 and include details of the additional SUDS management techniques that shall be incorporated in the development based on Table 5 of the submitted FRA & Masterplan Drainage Strategy (Clarkebond, 18.02.2019). The details in the approved SUDS Statement shall be implemented prior to the first use/occupation of the development approved by the reserved matters application.

Reason: To ensure that surface water runoff from the development is discharged as high up the drainage hierarchy as is feasible by incorporating SUDS management techniques in accordance with Policy CP12 of the Core Strategy and taking into account paragraph 165 of the NPPF.

 

10.       District Heating Network Statements

 

Unless otherwise agreed in writing by the Local Planning Authority, a District Heating Network Statement shall be submitted to and approved in writing by the Local Planning Authority as a part of the reserved matters submissions required by condition 2. The statements shall explain how the reserved matters have been designed to fulfil the requirement of condition 26.

Reason: In the interests of delivering sustainable development and reducing the impacts of climate change, taking into account Policy CP13 of the Core Strategy, paragraph 153 of the NPPF and the information submitted with the application.

 

11.       BREEAM Design Stage Assessment Report (for new buildings)

 

A BREEAM Design Stage Assessment Report shall be submitted to and approved in writing by the Local Planning Authority as a part of the reserved matters submissions required by condition 2 where the reserved matters relate to a new building. The BREEAM Design Stage Assessment Report shall be written by a licensed BREEAM assessor and set out the BREEAM score expected to be achieved by the building and the equivalent BREEAM standard to which this score relates. Unless otherwise agreed in writing by the Local Planning Authority, the building shall achieve a BREEAM ‘excellent’ standard as a minimum. The building shall be constructed in accordance with the approved BREEAM Design Stage Assessment Report and within three months of substantial completion of the building a BREEAM post-completion report of the building shall be carried out by a licensed BREEAM assessor setting out the BREEAM score achieved by the building and the equivalent BREEAM standard to which the score relates.

Reason: To ensure that the buildings in the development comply with Policy CP15 of the Core Strategy and in the interests of delivering sustainable development.

 

12.       Noise Impact Assessments

 

Unless otherwise agreed in writing by the Local Planning Authority, a Noise Impact Assessment shall be submitted to and approved in writing by the Local Planning Authority as a part of the reserved matters submissions required by condition 2. The reports shall consider the impact of noise from the development on local receptors, including noise from plant and equipment, deliveries, students and events. If, following the above assessment, the Local Planning Authority concludes that noise mitigation measures are required, a scheme of works shall be submitted to and approved in writing by the Local Planning Authority to ensure that the development will not have a significant adverse impact on local amenity. The approved works shall be implemented prior to the first use/occupation of the development approved by the reserved matters application and maintained at all times thereafter.

Reason: To avoid noise giving rise to significant adverse impacts on the health and quality of life of local receptors in accordance with saved Policy EN5 of the Exeter Local Plan First Review and paragraph 180 a) of the NPPF.

 

13.       Cycling Facilities

 

Unless otherwise agreed in writing by the Local Planning Authority, details of cycling facilities shall be submitted to and approved in writing by the Local Planning Authority as a part of the reserved matters submissions required by condition 2. The details shall show the location and design of cycle parking facilities for staff, students and visitors in accordance with chapter 5 of the Sustainable Transport Supplementary Planning Document (March 2013), including showers, lockers and space to dry clothes. The details shall also accord with any approval given under condition 25. The approved facilities shall be provided prior to the first use/occupation of the development approved by the reserved matters application and maintained at all times thereafter.

Reason: To encourage cycling as a sustainable mode of travel in accordance with saved Policies T1 and T3 of the Exeter Local Plan First Review, and the Sustainable Transport Supplementary Planning Document.

 

Pre-commencement Details

 

14.       Protected Species Surveys

 

No development (including ground works) or vegetation clearance works shall take place until the further survey work in Table 9 of the submitted Preliminary Ecological Appraisal Report (Acorn Ecology, January 2019) has been carried out and the results have been submitted to and approved in writing by the Local Planning Authority. The recommendations of the surveys shall be implemented in full.

Reason: To ensure that the implications of the development on biodiversity are fully understood andany measures necessary to mitigate the impact of the development on protected species are identified and carried out at the appropriate time in accordance with saved Policy LS4 of the Exeter Local Plan First Review and paragraph 175 of the NPPF. These details are required pre-commencement as specified to ensure that protected species are not killed or otherwise harmed by building operations.

 

15.       Permanent Surface Water Drainage Management System – Detailed Design

 

No part of the development hereby permitted shall be commenced until the detailed design of the proposed permanent surface water drainage management system for the site has been submitted to and approved in writing by the Local Planning Authority in consultation with Devon County Council as the Lead Local Flood Authority. The design of this permanent surface water drainage management system will be in accordance with the principles of sustainable drainage systems and those set out in the submitted FRA & Masterplan Drainage Strategy (Clarkebond, 18.02.2019). The permanent surface water drainage management system shall be implemented as approved, unless modified by the details approved under condition 9.

Reason: To ensure that surface water runoff from the development is managed in accordance with the principles of sustainable drainage systems. A detailed permanent surface water drainage management plan is required prior to commencement of any works to demonstrate that the plan fits within the site layout, manages surface water safely and does not increase flood risk downstream. (Advice: Refer to Devon County Council’s Sustainable Drainage Guidance.)

 

16.       Permanent Surface Water Drainage Management System – Adoption/Maintenance Arrangements

 

No part of the development hereby permitted shall be commenced until the full details of the adoption and maintenance arrangements for the proposed permanent surface water drainage management system have been submitted to and approved in writing by the Local Planning Authority in consultation with Devon County Council as the Lead Local Flood Authority. The permanent surface water drainage management system shall be adopted and maintained as approved.

Reason: To ensure that the development’s permanent surface water drainage management systems will remain fully operational throughout the lifetime of the development. These details need to be submitted prior to commencement of any works to ensure that suitable plans are in place for the maintenance of the permanent surface water drainage management plan.

 

Pre-commencement Details – Individual Phases

 

17.       Extended Phase 1 Habitat Re-Surveys (and Protected Species Re-Surveys if necessary)

 

Prior to the commencement of development in any phase of the development in accordance with a Phasing Plan approved under condition 4, an Extended Phase 1 Habitat Survey of the phase shall be carried out and the results of the survey shall be submitted to and approved in writing by the Local Planning Authority, unless such a survey has already been carried out and been approved in writing by the Local Planning Authority in the preceding three years. The recommendations of the surveys shall be implemented in full, including further survey work in which case no development shall take place in the phase until the further survey work has been carried out and the results have been submitted to and approved in writing by the Local Planning Authority. The recommendations of the further surveys shall be implemented in full.

Reason: To ensure that the implications of the development on biodiversity are fully understood for each phase based on up-to-date surveys given the 15 year time period to submit reserved matters applications under condition 1 and any measuresnecessary to mitigate the impact of the development on protected species are identified and carried out at the appropriate time in accordance with saved Policy LS4 of the Exeter Local Plan First Review and paragraph 175 of the NPPF. Natural England’s Standing Advice states that Local Planning Authorities can ask for extra surveys to be done as a condition of planning permission for outline or multi-phased developments to make sure protected species aren’t affected at each stage. These details are required pre-commencement as specified to ensure that protected species are not killed or otherwise harmed by building operations.

 

18.       Conservation Action Statements

 

Prior to the commencement of development in any phase of the development in accordance with a Phasing Plan approved under condition 4, a Conservation Action Statement for the phase shall be submitted to and approved in writing by the Local Planning Authority. The Conservation Action Statements shall be based on the Interim Conservation Action Statement in Appendix 5 of the submitted Preliminary Ecological Appraisal Report (Acorn Ecology, January 2019) and take into account the results of any surveys required by conditions 14 and 17. The approved Conservation Action Statements shall be implemented for any development works carried out in the phases.

Reason: To provide clear methods to avoid, mitigate and/or compensate biodiversity impacts in each phase of the development, as well as measures to enhance biodiversity in each phase, in accordance with saved Policy LS4 of the Exeter Local Plan First Review and paragraph 175 of the NPPF. These details are required pre-commencement as specified to ensure there are measures in place to avoid, mitigate and compensate biodiversity impacts during the construction of the development in each phase.

 

19.       Contaminated Land Investigations

 

Prior to the commencement of development in any phase of the development in accordance with a Phasing Plan approved under condition 4, a full investigation of the land within the phase to determine the extent of and risk posed by any contamination of the land shall be carried out, and the results together with any remedial works necessary shall be submitted to and approved in writing by the Local Planning Authority. The building(s) in any phase shall not be occupied until the approved remedial works have been implemented and a remediation statement has been 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 users and occupiers of the development hereby approved. This information is required pre-commencement as specified to ensure that any remedial works are properly considered and addressed at the appropriate stage.

 

20.       Construction Method Statements

 

Prior to the commencement of development in any phase of the development in accordance with a Phasing Plan approved under condition 4, a Construction Method Statement for the works in the phase shall be submitted to and approved in writing by the Local Planning Authority. The statements shall provide for:

 

a)    The site access point(s) of all vehicles to the site during the construction phase.

b)    The parking of vehicles of site operatives and visitors.

c)    The areas for loading and unloading plant and materials.

d)    Storage areas of plant and materials used in constructing the development.

e)    The erection and maintenance of securing hoarding, if appropriate.

f)     Wheel washing facilities.

g)    Measures to control the emission of dust and dirt during construction.

h)    No burning on site during construction or site preparation works.

i)      Measures to minimise noise nuisance to neighbours from plant and machinery.

j)      Construction working hours and deliveries from 8:00 to 18:00 Monday to Friday, 8:00 to 13:00 on Saturdays and at no time on Sundays or Bank Holidays.

 

The approved statements shall be strictly adhered to throughout the construction period of the development.

Reason: To ensure that the construction works are carried out in an appropriate manner to minimise the impact on the amenity of neighbouring uses and in the interests of the safety and convenience of highway users. These details are required pre-commencement as specified to ensure that building operations are carried out in an appropriate manner.

 

Pre-specific Works

 

21.       Bird Nesting Season

 

No tree works or felling, cutting or removal of hedgerows or other vegetation clearance works shall be carried out on the site during the bird nesting season from March to August, inclusive. If this period cannot be avoided, these works shall not be carried out unless they are overseen by a suitably qualified ecologist and the reasons why have previously been submitted to and approved in writing by the Local Planning Authority, including the date of the intended works and the name and contact details of the ecologist. If nesting birds are found or suspected during the works, the works shall cease until the ecologist is satisfied that the nest sites have become inactive.

Reason: To protect nesting birds in accordance with Policy LS4 of the Exeter Local Plan First Review and paragraph 175 of the NPPF.

 

22.       External Lighting Details

 

No external lighting shall be installed on the site or on the buildings hereby permitted unless details of the lighting have previously been submitted to and approved in writing by the Local Planning Authority (including location, type and specification). The details shall demonstrate how the lighting has been designed to minimise impacts on local amenity and wildlife (including isoline drawings of lighting levels and mitigation if necessary). The lighting shall be installed in accordance with the approved details.

Reason: To ensure lighting is well designed to protect the amenities of the area and wildlife.

 

23.       Kitchen Extraction

 

Before any catering kitchen becomes operational, a scheme for the installation of equipment to control the emission of fumes and odour from the kitchen shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full. All equipment installed as part of the scheme shall be operated and maintained in accordance with the manufacturer’s instructions thereafter.

Reason: To protect the amenities ofpeople in the area from fumes and odours emitted from the kitchen.

 

Pre-occupation

 

24.       Site Wide Travel Plan

 

No part of the development shall be occupied until a Travel Plan (including recommendations and arrangements for monitoring and review) has been submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highway Authority. Thereafter the recommendations of the Travel Plan shall be implemented, monitored and reviewed in accordance with the approved document, or any amended document subsequently approved in writing by the Local Planning Authority.

Reason: To encourage travel by sustainable means, in accordance with saved Policy T3 of the Local Plan First Review and the Sustainable Transport Supplementary Planning Document.

 

25.       Site Wide Cycle Parking Scheme

 

Prior to the first occupation or use of the development hereby permitted, a Cycle Parking Scheme for the site shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall show the general location and number of cycle parking facilities on the site, and provide examples of the types of cycle parking facility that will be appropriate in each location. The scheme shall accord with the minimum standards and guidance in Chapter 5 of the Sustainable Transport Supplementary Planning Document (March 2013).

Reason: To ensure that a ‘masterplanning approach’ is taken in the consideration of the provision of cycle parking facilities on the site, as opposed to a piecemeal approach, and that the minimum standards contained in Chapter 5 of the Sustainable Transport Supplementary Planning Document are met or exceeded for the development as a whole. In addition, to encourage cycling as a sustainable mode of travel in accordance with saved Policies T1 and T3 of the Exeter Local Plan First Review, and the Sustainable Transport Supplementary Planning Document.

 

Pre-occupation – Final Phase

 

26.       District Heating Network Completion

 

Prior to the first occupation or use of the development in the final phase of the development in accordance with a Phasing Plan approved under condition 4, a decentralised energy (district heating) network shall be completed on the site, which is capable of connection to an offsite decentralised energy (district heat) network.

Reason: In the interests of delivering sustainable development and reducing the impacts of climate change, taking into account Policy CP13 of the Core Strategy, paragraph 153 of the NPPF and the information submitted with the application.