Agenda item

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

 

The Principal Project Manager (Development) (DC) presented the application for the construction of 44 dwellings; car parking including garages; landscaping; internal access roads and associated infrastructure and engineering works.

 

The Principal Project Manager (Development) set out a detailed description of the site area, the development plan status of the site and surrounding land and planning context of the site in relation to surrounding sites. The Principal Project Manager (Development) set out the proposal and referred to the key issues of affordable housing, scale, design and open space, impact on character and appearance, sustainable construction, economic benefits, Section 106 heads of terms, contribution towards education, flood risk and impact on local highways and parking, heritage assets and trees and biodiversity and highlighted:-

 

·         the site is allocated for residential development in the Core Strategy;

·         the application site is in a sustainable location for residential development;

·         a positive contribution to the Council’s five year housing land supply with a provision of 35% affordable housing (15 on-site affordable dwellings);

·         good permeability for pedestrians and cyclists, with a link through the site to Hollow Lane, enhancing walking and cycling opportunities and reducing potential conflict with vehicular traffic;

·         £65,000 contribution for off-site access/recreation improvements;

·         contribution to enhance GP facilities in the locality

·         a passing place proposed on Hollow Lane beneficial for a Strategic Cycle Route;

·         the proposal is acceptable in its layout, design and general visual impact; and

·         the proposal will provide a good level of amenity for future occupiers and will not result in any significant harm to neighbouring residential amenity.

 

The Principal Project Manager advised that Devon County Council had withdrawn their request for contributions towards primary education and Early Years provision because of the opening of Monkerton Primary School. She referred to an additional letter of representation expressing concern about the proposed size of a passing place on Hollow Lane and whether or not it would be large enough to prevent conflict between motor vehicles, pedestrians and cyclists. The Local Highway Authority was satisfied with the details.

 

It was noted that to the south east was land owned by Exeter City Council - the Ridgeline Park land - and that a financial contribution had been requested to improve the access and recreational value of this land. Measures would include creating east west pedestrian access points from Hollow Lane through the hedgerow and creating disability access and a path network.  The contribution would also fund green gym items and habitat enhancement.

 

William Dale spoke in support of the application. He raised the following points:-

 

·         the application is for 44 homes, 35% of which are affordable. Taylor Wimpey wish to deliver high quality residential development, as seen at Mayfield Gardens;

·         application is in accordance with the Monkerton and Hill Barton Masterplan Area which designates the site for residential development. The scheme has been designed to provide continuity with the wider consented schemes, whilst creating a landscape led development which responds to the site’s location along the Monkerton Ridge;

·         the development demonstrates a positive relationship with the surrounding landscape and existing settlement. This includes providing vehicular access from Mayfield Gardens, off the Cumberland Way roundabout and providing a pedestrian and cycle connection route through the scheme to Hollow Lane, to the south of the site.

·         Hollow Lane connects to the newly constructed strategic cycling highway and the E4 cycle route;

·         a vehicular passing place has been located along Hollow Lane which provides a more suitable road layout and passing place;

·         the application site is in a sustainable location for residential development;

·         the development would make a positive contribution to the Council’s five year housing land supply;

·         the proposal is compliant with the Council’s affordable housing policy requirements;

·         the proposal provides acceptable layout, design and general visual impact with a good level of amenity for future occupiers; and

·         the site is wholly deliverable, achievable and suitable for the development of 44 homes as proposed.

 

He responded as follows to Members’ queries:-

 

·         the scheme provides 44 homes, and the social housing provision comprises four, one bed flats, eight, two bed dwellings, one, three bed dwelling and two, four bed dwellings providing 35% affordable homes in line with planning policy;

·         these dwellings will be divided into 11 socially rented homes and 4 intermediate rented homes. One of the affordable homes will also be wheelchair accessible.

 

The Principal Project Manager (Development) responded as follows to Members’ queries:-

 

·         the suggestion of a western entrance to the school as suggested by the Exeter Cycling Campaign had been discussed with the County Council but it was considered that an additional access might give rise to safeguarding issues and that there was already good permeability through the site as provided by the north to south pedestrian/cycle link;

·         the pedestrian/cycle link was three metres in width and could therefore accommodate wheelchair access;

·         the layby to be provided as part of a Section 278 agreement under the Highways Act 1980 would achieve a suitable vehicular passing place and road layout along Hollow Lane. The applicant was willing to provide this in response to a request from Ellen Tinkham School and Devon County Highways;

·         the Section 106 Agreement was specific to the needs of the site and included the necessary traffic orders;

·         the landscaped area to the east of the application site, between the application site and Cumberland Way, was outside the red line of the application site. Recommended condition nine required tree and hedge provision prior to development commencing;

·         the Highway Authority considered the layout and design of the internal road network suitable for heavy vehicles including refuse vehicles; and

·         the Section 106 Agreement included the requirement to link to the District Heating system with condition six dealing with energy and CO2 emissions, this required a reduction in carbon dioxide emissions required to meet 2013 Building Regulations.

 

Members expressed the following views:-

 

·         concern regarding access arrangements to the school and the suitability of the proposed re-design of Hollow Lane; and

·         scheme is acceptable with 35% affordable housing and a good mix of dwellings overall in accordance with the Monkerton Master Plan, with a desired education contribution and no concerns raised by the highway authority

 

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

 

The recommendation was moved and seconded and carried.

 

RESOLVED that:-

 

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

 

Affordable housing

15.4 dwellings to be provided as affordable housing, 11 social rent and 4 intermediate rent.  A financial contribution will be made towards the remaining 0.4 affordable dwelling.  One of the affordable dwellings to be wheelchair accessible. 50% of the affordable home 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.

5% of the affordable dwellings (1 dwelling) to be wheelchair accessible

 

Public open space

Provisions to transfer the public open spaces to a management company with an agreed specification for the laying out and maintenance of these areas to mitigate and enhance biodiversity (i.e. LEMP).

 

Highways infrastructure

Financial contributions required as follows:

Traffic Regulation Order - £3000.00 (to be paid at Devon County Council’s request)

Travel Plan - £500 per dwelling to be paid to Devon County Council

 

Off site Access/Recreation Improvements

£65,000 contribution for off-site access/recreation improvements.

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.

 

District Heating Network

Connection of the dwellings to the Eon district heating system in the area.

 

Education Contributions

Secondary - £123,245

Education infrastructure contributions are based on March 2015 prices and any indexation applied to contributions requested are to be applied from this date.

 

GP Facilities/Provision

£17,682 (£402 per dwelling) towards enhanced GP facilities/provision in the locality.

 

all Section 106 contributions to be index linked from the date of resolution.

 

the Assistant Service Lead City Development be authorised to APPROVE planning application for the construction of 44 dwellings; car parking including garages; landscaping; internal access roads and associated infrastructure and engineering works; subject also to the following conditions:

 

1.         Standard Time Limit – Full Planning Permission

 

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 comply with Section 91(1)(a) of the Town and Country Planning Act 1990 (as amended).

 

2.         Approved Plans and Documents

 

The development hereby permitted shall be carried out in complete accordance with the approved plans and documents listed below, unless modified by the other conditions of this consent:

 

·         Site Location Plan (Dwg. No. 18003-BAK-L01.01 Rev P4)

·         Elevational Treatment Plan (Dwg. No. 18003-BAK-L01.10 Rev P2)

·         Proposed Site Plan (Dwg. No. 18003-BAK-L02.01 Rev P11)                                                                                                                                                                                   

·         Illustrative Site Layout (Dwg. No. 18003-BAK- L02.02 Rev P7)

·         Typical Street Elevations (Dwg. No. 18003-BAK-L04.01 Rev F)

·         Illustrative Adoption Plan (Dwg. No. 18003-BAK-L05.01 Rev P7)

·         Boundary Treatment Plan (Dwg. No. 18003-BAK-L92.01 Rev P7)

·         Landscape and Boundary Details (Dwg. No. 18003-BAK-L92.02 Rev P3)

·         Hardworks Plan (Dwg. No. 18003-BAK-L93.01 Rev P8)

·         Softworks Plan (Dwg. No. 18003-BAK-L94.01 Rev P8)

·         Single Garage Plans & Elevations (Dwg. No. 18003 G01-02.00 Rev P4)

·         Attached Single Garages Plans & Elevations (Dwg. No. 18003 G02-02.00 Rev P4)

·         H01 A – 2 Bed – (NA20) Floor Plans & Typical Section A-A (Dwg. No. 18003 H01 A-02.00 Rev P4)

·         H01 A – 2 Bed – (NA20) Elevations (Dwg. No. 18003 H01 A-04.00 Rev P3)

·         H02 A – 3 Bed – (NA30) Plans & Typical Section A-A (Dwg. No. 18003 H02 A-02.00 Rev P5)

·         H02 A – 3 Bed – (NA30) Elevations (Dwg. No. 18003 H02 A-04.00 Rev P4)

·         H04 A – 3 Bed – (NT31) Floor Plans & Typical Section A-A (Dwg. No. 18003 H04 A-02.00 Rev P4)

·         H04 A – 3 Bed – (NT31) Elevations 01 (Dwg. No. 18003 H04 A-04.00 Rev P3)

·         H06 A – 4 Bed – (NA42) Floor Plans & Typical Section A-A (Dwg. No. 18003 H06 A-02.00 Rev P4)

·         H06 A – 4 Bed – (NA42) Elevations (Dwg. No. 18003 H06 A-04.00 Rev P3)

·         H07 A – 4 Bed – (NA45) Floor Plans & Typical Section A-A (Dwg. No. 18003 H07 A-02.00 Rev P4)

·         H07 A – 4 Bed – (NA45) Elevations (Dwg. No. 18003 H07 A-04.00 Rev P3)

·         H08 A – 4 Bed – (NT41) Floor Plans & Typical Section A-A (Dwg. No. 18003 H08 A-02.00 Rev P4)

·         H08 A – 4 Bed – (NT41) Elevations (Dwg. No. 18003 H08 A-04.00 Rev P3)

·         H10 A – 4 Bed – (NT42) Floor Plans & Typical Section A-A (Dwg. No. 18003 H10 A-02.00 Rev P4)

·         H10 A – 4 Bed – (NT42) Elevations (Dwg. No. 18003 H10 A-04.00 Rev P3)

·         H13 A – 1 Bed Flats Floor Plans & Typical Section A-A (Dwg. No. 18003 H13 A-02.00 Rev P5)

·         H13 A – 1 Bed Flats Elevations (Dwg. No. 18003 H13 A-04.00 Rev P4)

·         Proposed Levels (Dwg. No. 41196/2018/141 Rev E)

·         Refuse Vehicle Tracking (Dwg. No. 41196/2018/111 Rev F)

·         General Arrangement (Dwg. No. 41196/2018/101 Rev F)

·         Drawing showing visibility splay for pedestrian/cycle path access to Hollow Lane and passing place on Hollow Lane (41196/2018/SK02)

·         Surface and Foul Water Drainage (41196/2014/500 Rev I)

·         Waste Audit Statement (Taylor Wimpey, October 2018).

·         Arboricultural Impact Assessment (Michael J Steed Natural Resource Consultant 20^th September 2018)

·         Flood Risk Assessment REV G (Peter Brett Associates, 17 April 2020)

·         Ecological Impact Assessment (CSA Environmental, CSA/3592/02, August 2018)

 

Reason: To ensure the development is constructed in accordance with the approved plans and documents.

 

Pre-commencement Details

 

3.         Surface Water Drainage Management System

 

No development hereby permitted shall commence until the following information 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:

(a) A detailed drainage design based upon the approved Baker Land, Monkerton, Flood Risk Assessment, Project Ref: 41196/4002 Rev G Date April 2020 which should include evidence that the downstream Monkerton network and basins have capacity to accept flows from this development, long term storage and calculations reflecting the runoff rate based on the impermeable area only.

(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.

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

Reason: 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 and Policy CP12 of the Core Strategy, Policy EN4 of the Exeter Local Plan First Review. 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.

 

4.         Contamination

 

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 building(s) 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: 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.

 

5.         Construction Method Statement

 

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 Local Planning Authority.

 

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

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

 

6.         Energy & CO2 Emissions

 

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: 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.

 

7.         Ecological Surveys

 

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 Impact Assessment (CSA Environmental, CSA/3592/02, August 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: 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.

 

8.         Biodiversity Mitigation Enhancement Plan

 

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 Impact Assessment (CSA Environmental, CSA/3592/02, August 2018) and the results of survey required by planning condition 7. 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.

 

Pre-specific Works

 

9.         Tree & Hedge Protection

 

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 Michael J Steed ref 00140 and accompanying Tree Protection Plan (Rev 3). 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.

 

10.       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 previously been submitted to and approved in writing by the Local Planning Authority, including the date of the intended works and the name and contact details of the ecologist. If breeding birds are found or suspected during the works, the works shall 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.

 

11.       Materials

 

Prior to the construction of the external walls of any dwelling hereby permitted, samples and/or product specification sheets, including confirmation of colour, of the external facing materials and roof materials of all dwellings hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The dwellings shall be constructed in accordance with the approved materials.

Reason: In the interests of good design and the character of the area, in accordance with Policy CP17 of the Core Strategy, Policy DG1 of the Exeter Local Plan First Review and paragraph 127 of the NPPF.

 

12.       Nesting and Roosting Boxes

 

Prior to the construction of the external walls of any dwelling hereby permitted, details of the provision for nesting birds and roosting bats in the built fabric of the dwellings hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented as part of the development and retained thereafter.

Reason: To enhance biodiversity on the site in accordance with the Residential Design Guide SPD (Appendix 2) and paragraph 175 of the NPPF.

 

13.       External Lighting

 

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

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

 

Pre-occupation

 

14.       District Heating Network

 

The buildings comprised in the development hereby approved shall be constructed in accordance with the CIBSE Heat Networks Code of Practice so that their internal systems for space and water heating are capable of being connected to the local decentralised energy district heating network. Prior to occupation of the development, the necessary on site infrastructure (including pipework, plant and machinery) for connection of those systems to the network in a manner agreed in writing by the LPA shall be put in place.

Reason: To ensure that the proposal complies with Policy CP13 of the Council's Adopted Core Strategy and paragraph 153 of the NPPF, and in the interests of delivering sustainable development.

 

15.       Shared Use Pedestrian/Cycle Path

 

Prior to the occupation of the forty four dwellings hereby permitted, the shared use pedestrian/cycle path connecting the site to Hollow Lane shall be constructed in accordance with plans previously submitted to and approved in writing by the Local Planning Authority, in consultation with the Local Highway Authority.

Reason: To maximise the use of sustainable modes of transport in accordance with saved Policy T3 of the Exeter Local Plan First Review and paragraph 108 of the NPPF (February 2019).

 

16.       Cycle Parking

 

Prior to the occupation of any dwelling hereby permitted, cycle parking facilities for the dwelling shall be provided in accordance with plans previously submitted to and approved in writing by the Local Planning Authority, in consultation with the Local Highway Authority.  Thereafter the said cycle storage provision shall be retained for that purpose at all times.

Reason: To promote cycling as a sustainable mode of travel and to accord with the Sustainable Transport SPD.

 

17.       Bin Stores

 

Prior to the occupation of any dwelling hereby permitted, bin storage for the dwelling shall be provided in accordance with plans previously submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that bin storage is provided for the dwellings in the interests of good design and residential amenity.

 

18.       Detailed Landscaping Scheme

 

Prior to the occupation of any dwelling hereby permitted, a Detailed Landscaping Scheme for the site shall be submitted to and approved in writing by the Local Planning Authority. The Scheme shall include details of hard and soft landscaping, including all boundary treatments and signage. The plan shall specify tree/plant species and methods of planting, including tree pit details. The hard landscaping shall be constructed as approved prior to the occupation of the dwellings. The soft landscaping shall be planted in the first planting season following the occupation of the dwellings 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: In the interests of good design in accordance with saved Policy DG1 of the Exeter Local Plan First Review and paragraph 127 of the NPPF (February 2019).

 

19.       Vehicular Access

 

Prior to occupation of any of the dwellings, details of the vehicular access point shall have been submitted to and approved in writing by the Local Planning Authority, in consultation with the Local Highway Authority.  No dwelling shall be occupied until the vehicular access point has been provided, surfaced and marked out in accordance with the approved plans. 

Reason: To provide a safe and suitable access for pedestrians and cyclists in accordance with Paragraph 108 of the NPPF.

 

20.       Layby

 

Prior to occupation of any of the dwellings, details of the vehicular passing place on Hollow Lane shall be submitted to and approved in writing by the Local Planning Authority, in consultation with the Local Highway Authority. No dwelling shall be occupied until the vehicular passing place has been provided, surfaced and marked out in accordance with the approved plans and the passing place shall be retained for that purpose at all times.

Reason: To provide a safe and suitable access for pedestrians and cyclists on Hollow Lane in accordance with Paragraph 108 of the NPPF

 

21.       Vehicular turning heads

 

Prior to occupation of any dwelling hereby permitted, details of the vehicular turning heads shown on Drawing Number 18003-BAK-L02.01 Rev P11, shall be submitted to and approved in writing by the Local Planning Authority, in consultation with the Local Highway Authority.  No dwelling shall be occupied until the vehicular turning heads have been provided in accordance with the approved details.  These facilities shall be retained for that purpose at all times.

Reason: To provide safe and suitable facilities for the traffic attracted to the site.

 

 

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.

 

 

(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

·         Provisions to transfer the public open spaces to a management company

·         Traffic Regulation Order contributions

·         Sustainable Travel Planning contributions

·         Off-site access/recreation improvements

·         Connection to District Heating Network

·         Education contributions

·         GP facilities 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, Exeter City Council Affordable Housing Supplementary Planning Document 2014, Exeter City Council Public Open Space Supplementary Planning Document 2005, Exeter City Council Planning Obligations Supplementary Planning Document.