Agenda item

To consider the report of the Assistant Service Lead City Development.

 

The Principal Project Manager (Development) (DC) presented the application for residential development of up to 80 dwellings (All matters reservedexcept access).

 

The Principal Project Manager (Development) detailed the location of this 1.88 hectare site to the east of Cumberland Way, Monkerton, bounded by the Tithebarn Link Road to the north and Cumberland Way to the west, referring to a parcel of land between the southern boundary of the site and Hollow Lane transferred to the City Council. Hollow Lane itself formed part of the cycle and footpath system serving the Monkerton area, being a strategic cycleway. The density of residential development was in-line with the Masterplan for the area and the site was part of the Monkerton/Hill Barton Strategic Allocation. The principle of development on this site was acceptable in planning policy and the development was in accordance with the adopted Core Strategy.

 

Devon County Council Highways raised no objection to the development, subject to a number of planning conditions and clauses within the Section 106 Agreement with the City Council also a party in order to enter into a Footway/Cycleway Agreement to enable the pedestrian/cycle link to Hollow Lane through the Ridge Line Park

 

The Principal Project Manager (Development) reported a late letter from the owner of Orchard Lea stating that there was no pavement adjoining the property. It was noted that the access details did not go as far as Orchard Lea.

 

The Highways Development Management Officer advised that the Monkerton Strategic Master Plan had been informed by a Traffic Impact Assessment and that this would have included an impact analysis of this development.

 

Members expressed the following views:-

 

·         whilst supporting elements of the application being brought forward including the enhancement of the Ridge Line Park, access onto the Tithebarn  Lane Link Road, connection to Pinhoe Railway station and the provision for electric co-cars, the overall principle of continued development in the wider area is a concern for local residents; and

·         notwithstanding the continuing expansion of the eastern side of Exeter, the development does provide significant contributions for education and transport.

 

The recommendation was for approval, subject to the completion of a Section 106 Agreement and the conditions as set out in the report.

 

The recommendation was moved and seconded and carried.

 

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

 

·         connection to District Heating Facility;

·         35% affordable housing (70% social rent, 30% intermediate);

·         Financial contributions towards Devon County Council Education –

-       primary contribution of £134,079 (based on the Department of Education new build rate of £16,019 per pupil). This equates to a primary contribution of £1,675 per dwelling.  The contributions will be used towards new primary provision at Monkerton;

-       secondary contribution of £225,142 (based on the Department of Education new build rate of £24,261 per pupil). This equates to a secondary contribution of £2,814 per dwelling. The contributions will be used towards new secondary provision at South West Exeter. This new provision will release capacity at secondary schools in the East of Exeter to serve Monkerton and surrounding development;

-       contribution towards Early Years provision of £20,000 (based on a rate of £250 per dwelling). This will be used to provide early years provision for pupils likely to be generated by the proposed development. The contributions will be used towards new early years’ provision at Monkerton; 

·         £500 per dwelling to Devon County Council towards implementing a residential travel plan;

·         up to £5,000 contribution to Devon County Council towards relevant traffic regulation orders

·         Exeter City Council as landowner will enter into a Footway/Cycleway Agreement as reasonably requested by the County Council to enable the connection to Hollow Lane of the 3m effective width pedestrian/cycle link through Monkerton Ridge Line Park to Hollow Lane from the southern boundary of the application site.

 

planning permission for a residential development of up to 80 dwellings (All matters reservedexcept access), be APPROVED, subject also to thefollowing conditions:-

 

1.    Standard Time Limits – Outline Planning Permission 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.    Reserved Matters Pre-commencement condition: Details of the appearance, landscaping, layout, 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.    Approved Plans The development hereby permitted shall be carried out on the land outlined in red on drawing number P.147/3(12) and shall not be carried out otherwise than in accordance with the plan listed below, unless modified by the other conditions of this consent including the approval of the reserved matters:

1.    Access Junction Details (HBS-DR-C(00)-760 Rev P5)

Reason: To ensure compliance with the approved drawings.

 

4.    Site Access In respect of those matters not reserved for later approval no part of the development hereby approved shall be brought into its intended use until the site access, visibility splays and the vehicular access point, has been provided in accordance with the details as indicated on the following approved plans: Access Junction Details (HBS-DR-C(00)-760 Rev P5).

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 and thereby 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.

 

5.    Pedestrian/Cycleway Through Site

Pre-commencement condition: The reserved matters submissions (required by condition 2) shall show the location, details and specifications (including sections to confirm gradients) of a 3m effective width pedestrian/cycleway from the site access on the northern boundary through the site to the southern boundary linking with the Ridgeline Park (adjacent to Hollow Lane).  The pedestrian/cycle route shall be constructed as approved prior to the occupation of the development and shall be kept free from obstruction, including at the boundary points, and maintained at all times thereafter.

Reason for pre-commencement condition: To ensure the development provides a sustainable movement network with links to the surroundings in accordance with Policies CP16, CP17 and CP19 of the Core Strategy, Policy DG1 of the Exeter Local Plan First Review and Section 9 of the NPPF. These details are required pre-commencement as specified to ensure that acceptable pedestrian and/or cycle connections are designed for the site before the development is built.

 

6.     Tree Survey/Arboricultural Impact Assessment/Tree Protection Plans Pre-commencement condition: 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 TPP shall be produced in accordance with BS 5837:2012 - Trees in Relation to Design, demolition and construction. 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 for pre-commencement condition: 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).  These details are required pre-commencement as specified to ensure that the detailed design of the development has full regard to arboricultural impacts.

 

7.    Tree/Hedgerow Protection Measures Pre-commencement condition: No materials shall be brought onto the site, no development (including ground works) or vegetation clearance works shall take place until fences have been erected and any other protection measures put in place for the protection of trees and/or hedgerows to be retained around the site boundary in accordance with a Scheme which has been submitted to and approved in writing by the Local Planning Authority. The Scheme shall be prepared in accordance with British Standard BS 5837:2012 (or any superseding British Standard). The fences and any other protection measures required in the approved Scheme shall be retained until the completion of the development. The level of the land within the fenced areas shall not be altered without the prior written consent of the Local Planning Authority. No vehicles, plant or materials shall be driven or placed within the areas enclosed by the fences, 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 protect the trees and hedgerows to be retained around the site boundary in the interests of the amenities of the area and biodiversity, in accordance with Policy LS4 of the Exeter Local Plan First Review and the Trees in Relation to Development SPD (September 2009). These details are required pre-commencement as specified to ensure that trees and hedgerows to be retained are not damaged by building operations or vegetation removal, including their biodiversity interests.

 

8.    Cycle Parking Pre-commencement condition: The reserved matters submissions (required by condition 2) shall show the location and design of secure cycle parking facilities for each dwelling in accordance with the standards set out in the Sustainable Transport Supplementary Planning Document.  Prior to the occupation of each dwelling, the cycle parking facilities shall be provided in accordance with the agreed details.  The cycle parking facilities for each dwelling shall be retained for that purpose at all times.

Reason for pre-commencement condition: To promote cycling as a sustainable mode of travel and to accord with the Sustainable Transport SPD.  These details are required pre-commencement as specified to ensure that acceptable cycle parking facilities are designed for the site before the development is built.

 

9.    Landscaping Details Pre-commencement condition: A detailed landscaping scheme for the site shall be submitted to the Local Planning Authority as part of the submission of reserved matters as required by condition 2.  The scheme shall include details of hard and soft landscaping, including all boundary treatments together with a programme of implementation. Where applicable, it shall specify tree and plant species and methods of planting.  The development shall be implemented and maintained in accordance with the approved landscaping scheme and programme of implementation.  The soft landscaping shall be planted in the first planting season following the occupation/use of the development or completion of the development, whichever is the sooner, or in earlier planting seasons wherever practicable, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason for pre-commencement condition: In the interests of good sustainable design in accordance with Policy CP17 of the Core Strategy, Policy DG1 of the Exeter Local Plan First Review and paragraph 127 of the NPPF.  These details are required pre-commencement as specified to ensure that acceptable landscaping is designed for the site before the development is built.

 

10.  Acoustic Design Statement Pre-commencement condition: An Acoustic Design 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. 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 for pre-commencement condition: To ensure that the occupiers of the dwellings enjoy an acceptable level of amenity with respect to noise from adjacent roads. These details are required pre-commencement as specified to ensure that any necessary noise mitigation measures are designed for the site before the development is built.

 

11.  Unsuspected Contamination 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: No site investigation can completely characterise a site. This condition is required to ensure that any unexpected contamination that is uncovered during remediation or other site works is dealt with appropriately.

 

12.  Construction Method Statement Pre-commencement condition: 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 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.

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

l) Measures to minimise the impact on the adjacent footpaths and timings of the proposed works.

 

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

Reason for pre-commencement condition: 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.

 

13.  Bird Breeding 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 breeding season from March to September, 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 been submitted to and approved in writing by the Local Planning Authority, including the date of the intended works and the name of the ecologist. If breeding birds are found or suspected during the works, the works will cease until the ecologist is satisfied that breeding is complete.

Reason: To protect breeding birds in accordance with Policy LS4 of the Exeter Local Plan First Review, and paragraphs 174 and 175 of the NPPF. These details are required pre-commencement as specified to ensure that breeding birds are not harmed by building operations or vegetation removal.

 

14.       Ecological Survey Pre-commencement condition: Prior to the commencement of development, an Extended Phase 1 Habitat Survey shall be carried out and the results of the survey shall be submitted to and approved in writing by the Local Planning Authority, unless the Ecological Appraisal (Sunflower International, 16 October 2018) was dated in the preceding three years.  The recommendations of the Extended Phase 1 Habitat Survey shall be implemented in full, including any recommended further survey work in which case no development shall take place 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 for pre-commencement condition: To ensure that the implications of the development on biodiversity are fully understood based on up-to-date survey and any 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. 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.

 

15.       Biodiversity Mitigation and Enhancement Plan Pre-commencement condition:  Prior to the commencement of development a Biodiversity Mitigation and Enhancement Plan (BMEP) which demonstrates how the proposed development has been designed to enhance the biodiversity value of the site and how it will be managed in perpetuity to enhance biodiversity, together with a programme of implementation, shall be submitted to and approved in writing by the Local Planning Authority. The BMEP shall take into account the mitigation and enhancement assessment of the submitted Ecological Appraisal (Sunflower International, 16 October 2018) and the results of survey required by planning condition 14.  Thereafter, the development shall be carried out and managed strictly in accordance with the approved measures and provisions of the Wildlife Plan.

Reason for pre-commencement condition:  In the interests of protecting and improving existing, and creating new wildlife habitats in the area.

 

16.       S278 Agreement The development shall not be occupied or brought into use until a Section 278 Highways Agreement has been entered into in order to secure the necessary works to the public highway including:

1.    a raised crossing at the access of the development onto Tithebarn Link Road (shown on drawing number HBS-DR-C(00)-760 Rev P5)

2.    a pedestrian/cycleway along site frontage (3m effective width, 3.5m wide) of Tithebarn Link Road/Cumberland Way

The works shall be implemented prior to the occupation/use of the development.

Reason:  To ensure that a safe and suitable access to the site is provided for all users, in accordance with Paragraph 108 of the NPPF and CP17 of the ECC Core Strategy

 

17.       Car Parking Provision No dwelling shall be occupied until the associated car parking for the dwelling and access thereto shown on the approved plans of any subsequent reserved matters consent have been provided and made available for use. The car parking spaces shall be kept permanently available for parking and access purposes thereafter.

Reason: To ensure that adequate off-street parking and access thereto is provided and kept permanently available for use in the interests of highway safety and to protect the amenities of the neighbourhood.

 

18.       Programme of Percolation Tests Pre-commencement condition:  No part of the development hereby permitted shall be commenced until a programme of percolation tests has been carried out in accordance with BRE Digest 365 Soakaway Design (2016), and the results approved in writing by the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority. A representative number of tests should be conducted to provide adequate coverage of the site, with particular focus placed on the locations of the proposed infiltration devices/permeable surfaces. If infiltration proves viable then groundwater monitoring will be required (in accordance with Devon County Councils Flood and Coastal Risk Management Teams Groundwater Policy) to demonstrate that infiltration devices will be located at least 1 metre above the highest recorded groundwater level.

Reason for pre-commencement condition: To ensure that surface water from the development is discharged as high up the drainage hierarchy as is feasible. This data is required prior to the commencement of any works as it will affect the permanent surface water drainage management plan, which needs to be confirmed before development takes place.

 

19.  Detailed Permanent Surface Water Drainage Scheme Pre-commencement condition:  No part of the development hereby permitted shall be commenced until the detailed design of the proposed permanent surface water drainage management system 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 informed by the programme of approved BRE Digest 365 Soakaway Design (2016) percolation tests and in accordance with the principles set out in the Flood Risk Assessment Addendum (Ref.140276/FRA1/ADD/RevB; dated 6th February 2019). The approved permanent surface water drainage management system shall be implemented prior to the occupation of the development.

Reason for pre-commencement condition: To ensure that surface water runoff from the development is discharged as high up the drainage hierarchy as is feasible, and 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.

 

20.       Surface Water Drainage Management System (Construction) Pre-commencement condition: No part of the development hereby permitted shall be commenced until the detailed design of the proposed surface water drainage management system which will serve the development site for the full period of its construction has been submitted to, and approved in writing by, the Local PlanningAuthority, in consultation with Devon County Council as the Lead Local Flood Authority. This temporary surface water drainage management system must satisfactorily address both the rates and volumes, and quality, of the surface water runoff from the construction site.  The approved surface water drainage management system shall be implemented and maintained throughout the construction period.

Reason for pre-commencement condition: To ensure that surface water runoff from the construction site is appropriately managed so as to not increase the flood risk, or pose water quality issues, to the surrounding area.

These details are required pre-commencement as specified to ensure that surface water can be managed suitably without increasing flood risk downstream, negatively affecting water quality downstream or negatively impacting on surrounding areas and infrastructure.

Advice: Refer to Devon County Council’s Sustainable Drainage Guidance.

 

21.  Adoption and Maintenance Arrangements Pre-commencement condition: 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 maintained as approved.

Reason for pre-commencement condition: 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, for the reason above.

 

22.       Archaeological Work 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 for pre-commencement condition:  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.

 

23.       Energy and CO2 Emissions Pre-commencement condition: Prior to the construction of the dwellings hereby permitted, including construction of the foundations of the dwellings but excluding other site works, the developer shall submit a SAP calculation for the dwellings which demonstrates that a 19% reduction in carbon dioxide emissions from that required to meet the 2013 Building Regulations can be achieved. The measures necessary to achieve this carbon dioxide saving shall thereafter be implemented on site and within 3 months of practical completion of any dwelling the developer shall submit a report to the Local Planning Authority by a suitably qualified consultant to demonstrate compliance with this condition.

Reason for pre-commencement condition: To ensure that the proposal complies with Policy CP15 of Council's Adopted Core Strategy and in the interests of delivering sustainable development. These details are required pre-commencement as specified to ensure that a sustainable design is finalised before any irreversible element of the construction process takes place.

 

24.       Waste Audit Statement Pre-commencement condition:Prior to the commencement of the development hereby permitted, a Waste Audit Statement shall be submitted to and approved in writing by the Local Planning Authority. This statement shall include all information outlined in the waste audit statement template appended to Devon County Council's Waste Management and Infrastructure Supplementary Planning Document. The development shall be carried out in accordance with the approved statement.

Reason for pre-commencement condition: 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. These details are required pre-commencement as specified to ensure that waste generated during construction is managed sustainably.

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 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).

2. 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.

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