Agenda item

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

 

The Principal Project Manager (Development) (MH) presented the application for the demolition of existing buildings and proposed residential development of 64 no. residential units, including affordable housing, plus open space, landscaping, car parking, cycle spaces, drainage, vehicular access, internal roads, provision of link road and all associated infrastructure and development.

 

The Principal Project Manager (Development) referred to the key issues of affordable housing, scale, design and impact on character and appearance, sustainable construction, economic benefits, flood risk, impact on local highways and parking, heritage assets, trees and biodiversity and CIL and Section 106 contributions. He highlighted:-

 

·         the development was CIL liable and a Section 106 Agreement would be required to secure the affordable housing provision, open space including provision of equipped play area details, access and maintenance and a financial contribution towards enhanced GP facilities;

·         the Education Authority had highlighted the additional demand for early years, primary and secondary places arising from the development;

·         absence of a five year land supply;

·         paragraph 11 of the National Planning Policy Framework (NPPF) setting out that permission should be granted for sustainable development unless specific policies in the NPPF indicate otherwise;

·         proposal not considered to be of any significant harm to neighbouring residential amenity;

·         highway related Section 106 contributions as set out in the formal consultation response; and

·         the development was considered acceptable in terms of its design/amenity and transportation impacts, and sustainable in terms of its location.

 

The Principal Project Manager (Development) reported the receipt of two further letters of objection. One was from the Golf Club referring to the changing circumstances along the boundary in respect of an existing dwelling and bed and breakfast facility and stating that the reference to the siting of the golf driving range was not of relevance in relation to golf balls leaving. The other was the letter from the Topsham Society already circulated to Committee Members and which the Principal project Manager summarised.

 

He responded as follows to Members’ queries:-

 

·         notwithstanding the reference in correspondence from the Topsham Society to provide 100% affordable housing, if development was to be supported, Council policy was for 35% provision where possible;

·         the two parcels of open space provision fronting Exeter Road would have appropriate boundary treatment to provide a greater impression of greenage along the frontage, complimenting that of the neighbouring development;

·         20 out of the 61 homes would be affordable and slightly under the policy complaint level in order to achieve the open space referred to above;

·         staggered barriers would be provided within the cycleway/footway;

·         two affordable flat units would be wheelchair accessible, that is 5%, although wheelchair accessible provision was not normally a requirement for non-affordable homes;

·         further detail on the number of electric charging points would be obtained; and

·         open market provision was predominantly three and four bed properties.

 

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

 

·         speaking on behalf of the Topsham Society which has a remit to preserve the character of the town and improve its quality and that of the environment. The City Council consults the Society on developments in the town;

·         the site is located in the Topsham Gap which is protected by Policy LS1 which seeks to protect the setting of the town and to prevent the coalescence of Topsham with Exeter;

·         Exeter City Council Policy has always been to protect the Gap between Exeter and Topsham and Topsham has taken its fair share of housing;

·         the Society had objected to other housing developments which has further impinged on the Gap and an Inspector, in allowing an appeal for one development, stated that that particular development should not set a precedent for the erosion of the Gap. This development ignores that statement and effectively eradicates the Gap;

·         the access road leads through to the north of the site, even though there is no planning permission for the land to the north;

·         the proposal is of poor design with a mechanical layout and lacking in creativity;

·         Exeter Road has been characterised by a green corridor linking Countess Wear with Topsham and its loss is a further blight on the area;

·         Topsham suffers from a chronic shortage of affordable housing. If more housing occurs in the Gap there should be a strong emphasis on affordable housing; and

·         it is likely that the 61 individual objections may also have  been included in the 300 representations from Topsham Society

 

Will Gannon spoke against the application. He raised the following points:-

 

·         the Planning Committee has, in the past, supported the Club as a valued sporting facility in the City and, in respect of the Seabrook Orchards development, which is adjacent to the 11th and 12th holes, imposed a condition on the consent which puts the onus on the developer to mitigate the effects of the housing development on the golf course;

·         the Club requests that this same condition be applied and have offered the developer the opportunity to erect the safety netting recommended by the Club’s architect on its land at Topsham, to avoid the developer losing any dwellings;

·         the Topsham Golf Academy has operated for two years and, during that time, there has been close contact with neighbours, including the residents in the bungalows on the Broom Park Nurseries site with safety netting provided in two phases;

·         this application will totally change the use of a largely non-residential site, containing a single bungalow, to a residential development for 61 dwellings which will have a huge effect on the safety implications for the Academy; and

·         a deferral is suggested to encourage the applicant to engage in respect of the safety mitigation measures, or attach the condition previously imposed. An alternative would be to add a further clause to the Section 106 Agreement to provide safety mitigation measures on land owned by the Club

 

He responded as follows to Members’ queries:-

 

·         oppose the design of the development and the fact that it does not take into account health and safety issues regarding the relationship between the housing and the golf club and the need for appropriate safety measures. Do not object to the development in principle; and

·         Heritage Homes have undertaken to incorporate safety netting on the golf club land but there has been no confirmation of this.

 

David Lovell spoke in support of the application. He raised the following points:-

 

·         Heritage Homes are a local house-building company with a track record for delivering high quality and energy efficient sustainable homes providing employment in Exeter for in excess of 200 local tradesmen and women;

·         aware of the sensitivities of this site to a limited number of people living in Topsham;

·         the development completed by Heritage Homes opposite at The Chase provides highly sustainable Zero Carbon homes and won the UK National Development of the Year Award from the Local Authority Building Control. This application will also be built to high energy efficiency and sustainability standards, but with added sustainability credentials such as a stand for 10 Electric Co-Bikes at the entrance plus parking for two electric Co-Cars, the first part of a proposed strategic cycleway to connect Exeter Road with Newcourt Road and beyond to the Clyst Road development area, as well as cabling in each home for an electric car and battery storage fed from solar panels;

·         there has been careful discussions with officers to improve the proposals and provide extra open space at the front of the site to link up with open space in adjoining developments;

·         in order that other land to the north and along Newcourt Road does not become landlocked and can be brought forward in the future to provide more homes which would assist with the five year land supply, a section of land within this proposal has also been reserved for a future sustainable connection to Newcourt Road including a 3.5 metre. wide cycleway; and

·         the proposal offers a substantial number of Affordable Social Rented Homes as well as Shared Equity Homes and a large cash contribution towards the provision of additional primary school places and local GP Services.

 

He responded as follows to Members’ queries:-

 

·         speaking as the property developer and applicant;

·         majority of affordable homes are for social rent provided to housing associations who rent out to individuals on the Council’s housing list with a limited number of shared equity homes enabling young first time buyers to get on the housing ladder and can buy at 80% of the market price;

·         the escape of anything from one land to another is the responsibility of the landowner from where the particular item originates; and

·         the phasing plan shows the proposed netting on the golf club land on the boundary with Phase 4, the last part to be developed on this site and which is adjacent to the driving range. Golf balls are already escaping onto the land of residents and will not be a new problem created by this development. The line of fence has been agreed with the club when the development reaches Phase 4 but was not necessary for the first three phases. Heritage Homes are prepared to erect the nets with the matter of payment subject to further discussion.

 

Members expressed the following views:-

 

·         note concerns of the Topsham Society but acknowledge that it is difficult to oppose on grounds of the Topsham Gap issue following a number of appeal decisions and to make the same arguments;

·         the education provision should be timetabled to dovetail with the housing development as it proceeds;

·         welcome provision of local facilities including the contribution to a GP surgery; and

·         there is a health and safety requirement to ensure that the necessary fencing is provided to the requisite standard as has been discussed by the applicant and the golf club in order to prevent damage to neighbouring houses and occupants with such a conclusion to be reached in consultation with the planning officers, subject to prior consultation with the Chair.

The Principal Project Manager (Development) stated that:-

 

·         contributions towards local facilities included the GP’s but not a dentist or a veterinary surgery;

·         the application differed from the previous RNSD and Seabrook developments in the area, the land use for which were naval stores depot and agricultural land respectively, whereas Broom Park related to land already in residential occupation because of its occupation by a residential development and a bed and breakfast facility;

·         the planning authority was prepared to discuss further with the applicant the issue of safety netting and that an additional condition in this respect would need to meet the relevant tests for the imposition of conditions on planning permissions.

 

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

 

Councillor Bialyk moved and Councillor Sparkes seconded an amendment to add a further condition to secure, on health and safety grounds, the provision of suitable netting on golf driving range land on the boundary of the housing development which was voted on and carried.

 

The recommendation, as amended, was moved and seconded and carried.

 

RESOLVED that:-

 

(1)  subject to:-

 

(a)  the completion of a Section 106 Agreement under the Town and Country Planning Act 1990 to secure:-

 

·         affordable housing;

·         open space provision including equipped children’s play area, maintenance and public access in perpetuity;

·         education contributions – Early Years £14,500, Primary £281,546 and Secondary £206,407;

·         contribution of £26,838 towards enhanced GP facilities/provision in the locality;

·         £500 per dwelling towards sustainable travel measures (Travel Planning);

·         up to £10,000 Traffic Regulation Order contributions relating to the proposed raised tables, car club and electric cycle parking spaces; and

·         all Section 106 contributions should be index linked from the date of resolution; and

 

(b)  an additional condition to secure, on health and safety grounds, the provision of suitable netting on the golf driving range land on the boundary of the housing development, the Assistant Service Lead City Development being authorised to negotiate with both the applicant and the Golf Club to secure such provision, subject to prior consultation with the Chair of the Committee.

 

the Assistant Service Lead City Development be authorised to APPROVE planning permission for the demolition of existing buildings and proposed residential development of 64 no. residential units, including affordable housing, plus open space, landscaping, car parking, cycle spaces, drainage, vehicular access, internal roads, provision of link road and all associated infrastructure and development, 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 4th March, 27th, 28th and 29th July, and 15th September 2020 (including dwg. nos. 1415/P100 Rev G, BRM-010-Landscape Rev 5.2, BRM-010-Phasing Rev 5.2, 1415/P103 Rev C, 1415/P104 Rev D, 1415/P105 Rev D, 1415/P120 Rev C, 1415/P121 Rev C, SK008, 1415/Dn-3 Rev C, 1415/Dn-4 Rev C, 1415/T-1 Rev A, 1415/Ap-1 Rev C, 1415/Bm-1 Rev B, 1415/Ap-2 Rev C, 1415/But-3 Rev A, 1415/T-2 Rev A, 1415/But-4 Rev A, 1415/Bm-2 Rev B, 1415/Gr-1 Rev C, 1415/Gr-2 Rev B, 1415/Fl-1 Rev A, 1415/Gr-3 Rev B, 1415/Fl-2 Rev A, 1415/Hr-1 Rev A, 1415/Hc-2 Rev B, 1415/Hr-2 Rev A, 1415/Hc-1 Rev B, 1415/Kn-1 Rev C, 1415/Slt-1 Rev A, 1415/Pt-1 Rev C, 1415/Pt-2 Rev C, 1415/Slt-2 Rev A, 1415/Kn-2 Rev C, 1415/T5, and 1415/T6) as modified by other conditions of this consent.

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

 

3)         Pre commencement condition: No development shall take place on site until a full investigation of the site has taken place to determine the extent of, and risk posed by, any contamination of the land and the results, together with any remedial works necessary, have been agreed in writing by the Local Planning Authority. The buildings shall not be occupied until the approved remedial works have been implemented and a remediation statement submitted to the Local Planning Authority detailing what contamination has been found and how it has been dealt with together with confirmation that no unacceptable risks remain.

Reason for pre-commencement condition: In the interests of the amenity of the occupants of the buildings hereby approved. This information is required before development commences to ensure that any remedial works are properly considered and addressed at the appropriate stage.

 

4)         Pre-commencement condition: - No development hereby permitted shall commence until the following information has been submitted to and approved in writing by the Local Planning Authority:

(a)        A detailed drainage design based upon the Flood Risk Assessment and Drainage Strategy (Ref.19030; Rev. A; dated 23rd July 2020).

(b)        Detailed proposals for the management of surface water and silt runoff from the site during construction of the development hereby permitted.

(c)        Proposals for the adoption and maintenance of the permanent surface water drainage system.

(d)        A plan indicating how exceedance flows will be safely managed at the site.

(e)        A detailed assessment of the condition and capacity of any existing surface water drainage system/watercourse/culvert that will be affected by the proposals. The assessment should identify and commit to, any repair and/or improvement works to secure the proper function of the surface water drainage receptor.

(f)        Evidence there is agreement in principle from SWW/ landowner/DCC Highways to connect into their system

(g)        An assessment of the potential impacts of groundwater on the surface water drainage system, such as 'floatation'. The assessment should also include the construction of the features.

No building hereby permitted shall be occupied until the works have been approved and implemented in accordance with the details under (a) - (g) above.

Reason for pre-commencement condition: The above conditions are required to ensure the proposed surface water drainage system will operate effectively and will not cause an increase in flood risk either on the site, adjacent land or downstream in line with SuDS for Devon Guidance (2017) and national policies, including NPPF and PPG. The conditions should be pre-commencement since it is essential that the proposed surface water drainage system is shown to be feasible before works begin to avoid redesign / unnecessary delays during construction when site layout is fixed.

 

5)         Pre-commencement condition: A Construction Environmental Management Plan shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of development on site and adhered to during the construction period. This should include details of monitoring and mitigation measures to control the environmental impact of the development during the construction and demolition phases, including site traffic and traffic routing, the effects of piling and emissions of noise and dust. The CEMPs should contain a procedure for handling and investigating complaints as well as provision for regular meetings with appropriate representatives from the Local Authorities during the development works, in order to discuss forthcoming work and its environmental impact.

Reason for pre-commencement condition: In the interest of the environment of the site and surrounding areas. This information is required before development commences to ensure that the impacts of the development works are properly considered and addressed at the earliest possible stage.

 

6)         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.

 

7)         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.

 

8)         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.

 

9)         Pre-commencement condition:  Prior to the commencement of development a Biodiversity Mitigation and Enhancement Plan (BMEP) which demonstrates how the proposed development will be managed in perpetuity to enhance wildlife, together with a programme of implementation, shall be submitted to and approved in writing by the Local Planning Authority. The BMEP will be expected to include the provision of integral bat/bird bricks within the dwellings equivalent to a ratio of one/dwelling in line with the advice contained with the Council's adopted Residential Design SPD. The development shall thereafter be implemented and maintained in accordance with the approved Plan and programme of implementation.

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

 

10)       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.

 

11)       Pre-commencement condition: - Prior to the commencement of the development hereby approved a construction programme detailing the order in which the phases identified on drawing no. BRM-010-Phasing Rev 5.2 will be constructed shall be submitted to, and be approved in writing by, the Local Planning Authority. Thereafter the development shall be implemented in accordance with the agreed construction programme.

Reason for Pre-commencement condition:- To unsure that the implementation of the development, and hence relevant triggers referred to in the conditions attached to this consent and clearly understood and agreed.

 

12)       Prior to the first occupation of any dwelling hereby approved the relevant mitigation requirements outlined in Acoustic Associates SW Ltd's Environmental Noise Impact Assessment (project ref: 7363, date: 24/07/2020) shall be met and implemented in full, and be maintained thereafter at all times unless otherwise agreed in writing by the Local Planning Authority.

Reason - To ensure that an acceptable residential environment is created for future occupants of the properties.

 

13)       Prior to commencement of construction of any part of the link road beyond plot 61 up to the northern boundary, as hatched in yellow on drawing no. BRM-010-Landscape Rev 5.2, details shall be submitted to the Local Planning Authority of its geometry and construction, together with details (including a timeframe for delivery) of a pedestrian/cycle connection from this road up to the boundary of the applicant's land ownership with the adjoining land to the east of the application site at a point to be agreed in writing as part of those details. Construction of this link road shall not be commenced until such details have been agreed in writing by the Local Planning Authority in consultation with the Highway Authority, and thereafter this section of road, and the pedestrian/cycle connection, shall be completed in accordance with the approved details.

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

 

14)       Prior to the first occupation of any individual dwelling identified on drawing no. 1415/P104 Rev D as being provided with cycle storage provision within the rear garden of that property, the said cycle storage provision shall be provided and made available for use in accordance with details that shall previously have been submitted to and approved in writing by the Local Planning Authority.

Reason - To ensure that adequate provision for the storage of cycles is provided to serve these dwellings.

 

15)       A 3m footway/cycleway link (together with staggered barriers) adjacent to Plot 54 to Exeter Road shall be delivered as part of Phase 1 or such other trigger point as shall be agreed in writing with the Local Planning Authority in consultation with the Local Highway Authority as indicated on Drawing Number BRM-010-LANDSCAPE Rev 5.2

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

 

16)       A footway link to the east of plot 42 shall be delivered up to the boundary of the applicant's land ownership as part of Phase 4 or such other trigger point as shall be agreed in writing with the Local Planning Authority in consultation with the Local Highway Authority as indicated on Drawing Number BRM-010 LANDSCAPE Rev 5.2

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.

 

17)       Prior to the first occupation of the 15^th dwelling comprising part of the development hereby approved a 2m wide footway adjacent to Exeter Road, associated crossing point and relocated bus shelter as indicated on Drawing number BRM-010-LANDSCAPE Rev 5.2 shall be 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.

 

18)       Prior to the first occupation of any dwelling hereby approved within Phase 2 or 3 as identified on drawing no. BRM-010-Phasing Rev 5.2 the space for a 10 bike Co bike docking station and Parking bay for a Car Club vehicle within the respective phase (together with electricity supply to each element) shall be provided and made available for use as indicated on Drawing number BRM-010-LANDSCAPE Rev 5.2 in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority.            

Reason: To provide adequate facilities for sustainable transport and ECC Core Strategy CP9.

 

19)       Prior to the first occupation of the 15^th dwelling comprising part of the development hereby approved, the three raised tables on Exeter Road (together with crossing points) as indicated on Drawing Number 205368-A-02 Rev C shall be provided in accordance with details that shall previously 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.

 

20)       A detailed scheme for landscaping, including the planting of trees and or shrubs, the use of surface materials and boundary screen walls and fences shall be submitted to the Local Planning Authority and no dwelling or building 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.

 

21)       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.

 

22)       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.

 

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

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

 

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

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

 

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 (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.  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.

 

 

 

(2)  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 12 April 2021 or such extended time as agreed by the Service Lead City Development

 

In the absence of a Section 106 legal agreement in terms that are satisfactory to the Local Planning Authority being completed within an appropriate timescale, and which makes provision for the following matters –

 

·         Affordable housing

·         Open space provision – play equipment, maintenance arrangements and public access in perpetuity

·         Education contributions

·         GP facilities contribution

·         Sustainable Travel Planning contribution

·         Traffic Regulation Order contributions

 

the proposal is contrary to Exeter Local Development Framework Core Strategy 2012 Objectives 3, 5, 6 and 10, policies CP7, CP9, CP10, and CP18, Exeter Local Plan First Review 1995-2011 saved policies AP1, T1, T3 and DG5, and Exeter City Council Affordable Housing Supplementary Planning Document 2014.