Agenda item

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

 

The Principal Project Manager (Development) (PJ) presented the application for

residential development of 47 dwellings including all other associated infrastructure works and road access to the site served off Hill Barton roundabout. He highlighted:-

 

·         site situated within the Monkerton and Hill Barton Strategic Residential Allocation as designated in the Core Strategy and was previously granted outline consent for residential development in 2013;

·         the scheme would provide 13 open market homes and 16 affordable houses, the latter being a policy compliant level of such provision for the overall number of dwellings proposed;

·         concerns raised by local residents in respect of highway matters can be suitably addressed through planning conditions and/or the Section 106 Agreement;

·         access from Heritage Road, Mytlebury Way and a new section of highway;

·         the open space for the scheme would be provided at the picturesque ridge line park proposed within the Hill Barton and Monkerton Master Plan; and

·         Section 106 contributions are proposed towards transport and education requirements.

·          

The Principal Project Manager (Development) and the Assistant Highways Development Management Officer (Exeter) gave the following responses to Members’ queries:-

 

·         the proposal for the Monkerton Rail Halt was a significant infrastructure development and there was no timescale at present for its provision. The land for the Halt would be safeguarded by the Section 106 Agreement;

·         the footway/cycle way provision at the eastern boundary was adjacent to the Met Office and would feed into the overall footway and cycle way network for the area;

·         detailed discussions had been held with the respective developers to develop the picturesque ridgeline park which, it was hoped, would be brought forward within a relatively short timescale as part of an outline planning application for the remainder of the Hill Barton site; and

·         the Police Designing Out Crime Officer had provided detailed comments on the layout and were generally satisfied that appropriate surveillance would be provided for the benefit of households, that rear gardens would not be exposed and effective parking allocation identified. A condition would be included to ensure that all rear service alleyways would be gated.

 

Councillor Oliver, having given notice under Standing Order No. 44, spoke on the item. She raised the following points:-

 

·         welcome provision of 16 affordable homes for the people of Exeter;

·         the Council is constrained by existing legal frameworks and, given the support of the highway authority, there are no legal reasons to refuse;

·         the Government White Paper on planning is likely to ease existing restrictions on developments;

·         it is a misapprehension amongst some residents that the proposed Hill Barton Park is to be built on as part of this planning application;

·         although open space will be provided in the ridgeline park, local play spaces are also necessary closer to homes. The provision of a green corridor through the site is welcome; and

·         residents are concerned that there is no clear timeline for the provision of the Rail Halt.

The Chair read out a statement from Mr Tal Donahue on behalf of the Hill Barton Residents’ Association, who opposed the application, a summary of which is below:-

 

·         the Monkerton Master plan will be 10 years old in three weeks;

·         seek assurance as to the extent which the Master Plan and the strategic plan for the Hill Barton development area, approved by Council in 2013, are being followed through in their delivery, particularly in relation to green space, public health and wellbeing;

·         the location of the application is almost where the Master Plan earmarks land for the “Hill Barton Park”;

·         assurances required that such a park will be delivered within a suitable timescale and that it will conform to the goals laid out in the Master Plan;

·         a green corridor should be established running across the eastern side of the Hill Barton development area adjacent to and surrounding the Met Office;

·         many comments have been made regarding the unsafe nature of the Heritage Road access which has become a single lane road due to street parking;

·         this development forms part of next phase of the Hill Barton Consortium’s development plan approved in 2013 and these houses, added to the approximately 200 across the rest of Phase 3 and the 300 or so already delivered in Phases 1 and 2, will create dangerous road conditions around Hill Barton; and

·         theMonkerton Rail Halt forms part of the wider considerations for the Devon Metro initiative. Residents require clarification on the status of the Rail Halt.

 

Mr Rudge spoke in support of the application.

 

·         outline permission was originally granted on 29 November 2013 for a mixed use scheme but, asthat application had lapsed, a detailed scheme has been put forward covering the same principles;

·         have worked closely with the planning authority to address initial concerns with regards to density, storey heights and parking with significant changes including a reduction in the number of plots proposed on the site, creating an inviting vista with railings being incorporated to frontages of properties where they are located in a prominent location and working with the topography of the site to minimise the impact on the wider area. Cycle/pedestrian links have also been provided;

·         35% affordable dwellings will be delivered across the site, which remains policy compliant. The delivery of these units, with a mixture of tenure types, will make a positive contribution towards the delivery of housing within Exeter;

·         the applicant is in a position to complete the Section 106 Agreement quickly. In the context of the growth agenda and the national and local need for housing, the application will meet the need for new homes in a sustainable manner and underpin the sustainability of Hill Barton; and

·         the County Highways Officer has responded to highway concerns which can be addressed through planning conditions or the Section 106 agreement.

Members expressed the following views:-

 

·         the provision of two access points including another access from the north will increase the strain on an already busy highway network;

·         although a rail station is to be provided at Marsh Barton, the timeline for the proposed rail halt as part of the Monkerton Master Plan is unclear and may not occur for many years;

·         in line with the Sport England Active Exeter pilot, there should be greater emphasis on the provision of play parks adjacent to houses in addition to the ridgeline park being provided as part of the Monkerton and Hill Barton Master Plan;

·         provision of affordable homes is welcome; and

·         notwithstanding general pressure on green land in Exeter, further developments are needed and, given the support of the Highway Authority, there are no planning reasons to refuse.

 

The Principal Project Manager (Development) and the Assistant Highways Development Management Officer (Exeter) advised that the infrastructure proposals allowed for the new cycle/footway provision and a future bus route. The cycleway was part of the strategic cycle route from the north of Hollow Lane to the City Centre and that Stagecoach had agreed in principle to introduce a new bus route to serve the emerging developments. Safety along Heritage Road would also be improved.

 

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

 

The recommendation was moved and seconded.

 

RESOLVED that:-

 

(1)subject to a Section 106 Agreement under the Town and Country Planning Act 1990 to secure the following:-

 

Affordable housing

16 dwellings (11 social rent and 5 intermediate rent) 50% of affordable housing units to be constructed and made available for occupation prior to the occupation of 50% of Open Market units. Remaining 50% of AH units to be constructed and made available for occupation prior to occupation of 80% of Open Market units.

 

Transport

Safeguard the land for the Monkerton Railway Halt

Financial contributions required as follows:

Pedestrian/cycle improvements £450 per dwelling; bus service £981.82 per dwelling and travel planning £500 per dwelling. Total transport contribution per dwelling of £1931.82

50% of the contribution to be paid prior to open market houses being occupied and remainder to be paid prior to 80% of units occupied.

Traffic Regulation Order - £3,500 (to be paid at Devon County Council’s request)

 

Education

The total education sum will be £64,716 (primary); £98,742 (secondary) and £8,750 (early years) a total of £172,208.

50% of the contribution to be paid prior to open market houses being occupied and remainder to be paid prior to 80% of units occupied.

 

Open Space

No more than 75% of dwellings shall be occupied until the public open space (alongside the cycleway has been laid out in accordance with the approved plans. Prior to completion of public open space areas, details of management company to be provided.

 

the Assistant Service Lead City Development be authorised to APPROVE planning permission for residential development of 27 dwellings (including 35% affordable housing), access from Newcourt Road, public open space and associated works, subject also to the following conditions:-

 

1)         The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

Reason: To ensure compliance with sections 91 and 92 of the Town and Country Planning Act 1990.

 

2)         The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received by the Local Planning Authority on 7 July 2020 (including dwg. nos. HB3-location plan rev E ; HB3-120 P10 Site Layout;  HB3-121 P2 Boundary Treatments; HB3-129 P2 Ridge Heights; HB3-130 P2 Garden Areas; HB3-200 P3 Street Scenes; HB3-PL500 P3 Welwyn LTH; HB3-PL501 P2 Hanbury LTH ; HB3-PL503 P2 Hatfield LTH; HB3-PL504 P4 Clayton LTH; HB3-PL505 P3 Souter LTH; HB3-PL506 P3 Chedworth; HB3-PL507 P4 Garages; HB3-PL508 P1 Clayton Corner LTH & HB3-SK3000 P3 Site FFLs & Site Sections. 

Reason: In order to ensure compliance with the approved drawings.

 

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)         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 the details specified in the Arboriculatural Impact Assessment Report prepared by Aspect Tree Consultancy ref 05400 AIA 20.03.20 and accompanying drawing no. 05400 TPP 23.03.20. 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.

 

5)         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: 

 

6)         Prior to commencement of the development, details shall be submitted to the Local Planning Authority of vehicular visibility splays 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 proposed vehicular visibility splays shall be provided in accordance with the submitted details.

Reason: To provide a safe and suitable access in accordance with paragraph 108 of the National Planning Policy Framework.

 

7)         None of the individual dwellings hereby approved shall be occupied until the cycle storage provision to serve that dwelling of a detail to be agreed with the Local Planning Authority, has been provided and made available for use by the occupant. Thereafter the said cycle storage provision shall be retained for that purpose at all times.

Reason - To ensure that cycle storage facilities are provided to encourage the use of sustainable modes of transport by the future occupants of the properties.

 

            8)         Prior to occupation of the development, details shall be submitted to the Local Planning Authority of bus stops (including location and type of bus stop) for the development. Development shall not be commenced until such details have been agreed in writing by the Local Planning Authority in consultation with the Local Highway Authority, and prior to occupation the bus stops shall be provided in accordance with the submitted details. 

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

 

            9)         Prior to occupation of the development, details shall be submitted to the Local Planning Authority of the vehicular access radii into the development (between plots 315/316) for the development. Development shall not be commenced until such details have been agreed in writing by the Local Planning Authority in consultation with the Local Highway Authority, and prior to occupation the vehicular access radii shall be provided in accordance with the submitted details. 

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

 

            10)       Prior to occupation of any part of “Phase 4” of the development, details shall be submitted to the Local Planning Authority of the future pedestrian/cycle crossing facilities for the development as indicated on Drawing Number “071-003-001 Rev P4 Section 38 Plan”. Development shall not be commenced until such details have been agreed in writing by the Local Planning Authority in consultation with the Local Highway Authority, and prior to occupation of any part of “Phase 4” the crossing facilities shall be provided in accordance with the submitted details. 

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

 

            11)       No part of the development hereby approved shall be brought into its intended use until the access roads (together with raised table crossing points), vehicular parking spaces and associated turning area as indicated on Drawing Number “071-003-001 Rev P4 Section 38 Plan” has been provided in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority.    

                        Reason: To provide a safe and suitable access in accordance with paragraph 108 of the National Planning Policy Framework.

 

            12)       No part of the development hereby approved shall be brought into its intended use until the East-West footway/cycleway connections and North-South footway/cycle connections and associated crossing points as indicated on Drawing Number “071-003-001 Rev P4 Section 38 Plan” has been provided in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority.

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

 

13)       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 template provided in 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 building operations are carried out in a sustainable manner.

 

14)       A detailed scheme for landscaping, including the planting of trees and/or shrubs (in particular in respect of the southern boundary), the use of surface materials and boundary screen walls and fences shall be submitted to the Local Planning Authority and no unit shall be occupied until the Local Planning Authority have approved a scheme; such scheme shall specify materials, species, tree and plant sizes, numbers and planting densities, and any earthworks required together with the timing of the implementation of the scheme. The landscaping shall thereafter be implemented in accordance with the approved scheme in accordance with the agreed programme.

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

 

15)       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. A photographic record of any trees, hedges on site shall be taken prior to any felling working being undertaken.

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

 

16)       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.

 

17)       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 5837:2005 - ‘Trees in Relation to 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: To ensure the protection of the trees during the carrying out of the development.

 

18)       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 Planning 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.

Reason for pre-commencement condition: To ensure that surface water runoff from the construction site is appropriately managed.

 

19)       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: In the interests of the amenity of the occupants of the buildings hereby approved.

 

20)       The dwellings hereby approved shall be designed and built to meet M4 2 of the Building Regulations Access to and Use of Building Approved Document M, 2015 edition.

Reason: To increase choice, independence and longevity of tenure in accordance with Policy CP5 point three of the Exeter Core Strategy.

 

21)       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 for Pre-commencement condition: In the interests of sustainable development and to ensure that the development accords with Core Strategy Policy CP15.

 

22)       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no mobile base stations shall be erected within the development.

Reason – To ensure adequate protection to the Met Office satellite reception facility.

 

23)       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.

 

24)       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 in accordance with the principles of sustainable drainage systems. No part of the development shall be occupied until the surface water management scheme serving that part of the development has been provided in accordance with the approved details and the drainage infrastructure shall be retained and maintained for the lifetime of the development.

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

 

25)       No dwelling shall be occupied until details of gates to all rear service alleyways have been submitted to and approved in writing by the Local Planning Authority and implemented in accordance with these agreed details at all times.

Reason: In accordance with paragraphs 91 and 127 the National Planning Policy Framework in respect of reducing the fear of crime and increased surveillance opportunities.

 

26)       Pre-commencement condition - A noise impact assessment shall be submitted to and approved in writing by the Local Planning Authority prior to occupation of the development. Any noise mitigation required shall be agreed in writing with the Local Planning Authority and implemented in full prior to occupation and maintained thereafter.

Reason: In the interest of amenity.

 

27)       Pre-commencement condition: No development shall commencement until an air quality assessment has been submitted and approved in writing by the Local Planning Authority. Any mitigation measure required following the completion of the assessment shall be agreed in writing and implemented in in full prior to occupation and maintained thereafter.

Reason: Insufficient information has been submitted with the application and in the interests of amenity.

 

28)       No dwelling shall be occupied until a lighting assessment has been submitted and approved in writing by the Local Planning Authority. Any mitigation measure required following the completion of the assessment shall be agreed in writing and implemented in in full prior to occupation and maintained thereafter.

Reason: Insufficient information has been submitted with the application 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 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, 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)         The Local Planning Authority considers that this development will be CIL (Community Infrastructure Levy) liable. Payment will become due following commencement of development.

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 before commencing development. 

 

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

 

4)         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.

 

5)         The applicants attention is drawn to the need to meet the Exeter Airport Aerodrome Safeguarding criteria as contained in the Airport Operators Association ‘Cranes and other Construction Issues’ Advice Note.

 

      6)         The applicant is advised that they should contact the Met Office to discuss specific issues regarding their operational requirements prior to commencement.

 

 

(1)  the Assistant Service Lead City Development be authorised to REFUSE planning permission if the legal agreement under Section 106 Agreement under the Town and Country Planning Act 1990(as amended) is not completed by 7 March 2021 or such extended time as agreed by the Service Lead City Development