Agenda item

To consider the report of the Service Lead City Development.

Councillors Harvey, Morse and Williams declared personal interests and left the meeting during consideration of the item.

The Assistant Service Lead City Development presented the application for the construction of three dwellings (Approval sought for details of access and layout, all other matters reserved for future consideration).

He advised that the Local Highways (Devon County Council) officer had no objection subject to a financial contribution towards suitable infrastructure as part of the Pinhoe Area Access Strategy and that the Environment Agency were supportive of the drainage arrangements.

Mrs Randall spoke in support of the application. She raised the following points:-

·         land was historically part of an orchard that was half developed in the mid 1970’s at which time there was outline planning for the whole orchard including this plot with the second part of the orchard developed in the late 1990’s but the plot at the bottom of the garden of 32 Harringcourt Road retained by the family who now wish to secure planning consent for the plot as always intended;

·         the land was maintained as a garden by the family but is now overgrown;

·         two trees out of nine will have to be removed as they are within the footprint of the proposed houses with the others not of significant value;

·         an ecology survey has not found any protected species and there are no significant plants with the site described as scrub land;

·         the proposed sewage treatment plant can be dealt with under a condition and will not be a nuisance to neighbours;

·         parking has been provided for each dwelling in accordance with Council guidelines and secure cycle parking and bin storage will be provided for each dwelling; and

·         all concerns raised by objectors have been taken into account.

Responding to a Member, the Assistant Highways Development Management Officer (Exeter) outlined the measures to mitigate additional housing developments in the Pinhoe ward as set out in the Pinhoe Area Access Strategy and which had been used as evidence in respect pf the Exeter Core Strategy, the East Devon Local Pan and for an inquiry into a development site in East Devon.

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

The recommendation was moved and seconded.

RESOLVED that, subject to completion of a Section 106 Agreement under the Town and Country Planning Act 1990 to secure a contribution of £9,750 to Devon County Council to provide suitable infrastructure to mitigate the impact of the development planning permission for the construction of three dwellings (Approval sought for details of access and layout, all other matters 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 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)         Pre-commencement condition: Details of the appearance, landscaping and scale, (hereinafter called the reserved matters) shall be submitted to and be approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

Reason for pre-commencement condition: 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)         No development (including ground works) or vegetation clearance works shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The Statement 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 monitor and control the emission of dust and dirt during construction.

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

i)      Measures to monitor and minimise noise/vibration 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.

k)    No driven piling without prior consent from the LPA.

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

4)         Details of all building services plant, including sound power levels and predicted sound pressure levels at a specified location outside the building envelope, to be submitted to and approved in writing by the LPA. The predicted noise levels shall be submitted prior to commencement of the development and shall be demonstrated by measurement prior to occupation of the development.

5)         No part of the development hereby approved shall be brought into its intended use until the access via Bourn Rise and vehicular parking spaces, as indicated on Drawing No. 108.002 have been provided in accordance with details and specifications that shall previously have been submitted to, agreed and approved in writing by the Local Planning Authority

Reason: To ensure that a safe and suitable access to the site is provided for all users, in accordance with Paragraphs 108/110 of the NPPF and CP9 of the ECC Core Strategy

6)         Prior to commencement of the development, details shall be submitted to the Local Planning Authority of secure 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.

7)         Pre commencement condition: Construction during the period March to August shall not commence until bird nesting habitats are thoroughly inspected for nesting birds, by a suitably qualified person and written evidence confirming this has been submitted to and approved in writing by the Local Planning Authority. If nesting birds are found, all activities likely to damage or disturb the nesting area should be delayed until the chicks have fledged.

Reason for pre commencement condition: To ensure nesting birds are not killed or otherwise harmed by building operations. These details are required pre-commencement as specific to ensure that the pre-works check recommended in the Ecological Appraisal.

8)         Pre-commencement condition: No materials shall be brought onto the site or any development commenced, until the developer has erected tree protective fencing around all trees or shrubs to be retained, in accordance with a plan that shall previously have been submitted to and approved in writing by the Local Planning Authority. This plan shall be produced in accordance with BS 5837:2012 - Trees in Relation to Design, demolition and construction. The developer shall maintain such fences to the satisfaction of the Local Planning Authority until all development the subject of this permission is completed. The level of the land within the fenced areas shall not be altered without the prior written consent of the Local Planning Authority. No materials shall be stored within the fenced area, nor shall trenches for service runs or any other excavations take place within the fenced area except by written permission of the Local Planning Authority. Where such permission is granted, soil shall be removed manually, without powered equipment.

Reason for pre-commencement condition - To ensure the protection of the trees during the carrying out of the development. This information is required before development commences to protect trees during all stages of the construction process.

9)         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.

Informatives

1)         In accordance with Paragraph 38 of the National Planning Policy Framework the Council has worked in a positive and pro-active way and has imposed planning conditions to enable the grant of planning permission.

2)         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 Areas (SPA), the Exe Estuary and East Devon Pebblebed Heaths, which are designated European sites. 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 fund 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).

3)         The Local Planning Authority considers that this development will be CIL (Community Infrastructure Levy) liable. Payment will become due following commencement of development. Accordingly your attention is drawn to the need to complete and submit an 'Assumption of Liability' notice to the Local Planning Authority as soon as possible. A copy is available on the Exeter City Council website.

It is also drawn to your attention that where a chargeable development is commenced before the Local Authority has received a valid commencement notice (i.e. 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 beforecommencing development.  For further information please see www.exeter.gov.uk/cil.