Agenda item

To consider the report of the Director.

 

 

The Principal Project Manager (Development) (PJ) presented the application for residential development including new access onto Shillingford Road and associated infrastructure, with all matters reserved for future consideration.

 

The Principal Project Manager (Development) provided a description of the site area with outline proposal and an illustrative layout for 116 dwelling and explained the planning context of the site in relation to surrounding sites and the strategic allocation of 2,500 homes for South West Exeter. He referred to the following key issues:-

 

·         the principle of development;

·         affordable housing of potentially 35 dwellings at a rate of 30%;

·         the Council’s five year supply of housing;

·         access and impact on local highways;

·         scale, design, and impact on character and appearance;

·         the Alphington Development Brief;

·         ecological issues and habitat mitigation;

·         district heating;

·         sustainable construction and energy conservation;

·         economic benefits and CIL/Section 106 for the wider south west area, public realm.

 

The Principal Project Manager (Development) (PJ) advised that:-

 

·         following further consultation with Devon County amendments were proposed to the phasing of the Section 106 Agreement contributions in respect of affordable housing, district heating, provision and maintenance of public open space, transport, education, GP and open space to align with the timing requirements of Teignbridge District Council in the neighbouring developments;

·         conditions had been included to secure a through route link from Shillingford Road to Chudleigh Road and an additional condition was proposed to ensure a two way bus flow through the site; and

·         it was considered that the additional information provided by the developer met the requirements of the Alphington Development Brief.

 

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

 

·         conditions had been added to increase the width of radius of the road into the site to ensure enough space to be served by public transport and to ensure a suitable internal layout with appropriate provision within the Section 106 Agreement;

·         theAlphington Development Brief confirmed the importance of Markham Lane to the character of the area to ensure its bio-diversity would be maintained, its hedgerows retained and that it would not be used as a bus route. Financial contributions within the Section 106 Agreement would secure theupgrade of the road;

·         gaps would be provided through Markham Lane for pedestrian and cycle access from the site to the community facilities and school to the south of the site and barriers and appropriate fencing provided at reserved matters stage to secure safe access onto the Lane;

·         regard would be made to preserve the landscape setting of the Markham Ridge as part of the overall strategic housing site; and

·         although not included within the Section 106 Agreement, discussions were progressing with Burrington Estates and Redrow on the proposal to link to the District Heating network and the Marsh Barton incinerator.

 

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

 

·         pleased that many of the requirements of the Alphington Development Brief will be met including the 30% affordable housing provision and the character of Markham Lane retained;

·         welcome access onto Chudleigh Road to meet the County Council’s highway objections and a limit of 75 dwellings before this access can be built;

·         welcome footpath from the access to the development site onto Shillingford Road and the new pedestrian crossing;

·         the requirement for adequate pedestrian and cycling access from this site to the city centre remains;

·         welcome requirement in the Section 106 Agreement for traffic calming and 20 mph limit along Chudleigh and Shillingford Roads to improve safety for pedestrian and cyclists;

·         concerns of Devon Wildlife Trust regarding the need to maintain biodiversity through the retention of existing hedgerows - bats use the hedgerows and trees as corridors in which to navigate. A mitigation and enhancement plan to protect bio-diversity is set out in the Alphington Brief and the associated conditions are welcomed; and

·         connection to the district heating scheme also included in the Alphington Brief in line with the Council’s Net Zero 2030 goal. Link to the energy from waste incinerator at Marsh Barton should therefore be a condition to make efficient use of local and natural resources and the developer should be tied to this and implemented as part of this planning permission. 

 

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

 

·         Alphington is going through a significant change with the loss of agricultural land for housing;

·         need to address the serious local concerns about the increased traffic which will further grow with this and other housing developments;

·         Shillingford Road, although single in parts, is not a quiet country lane. A survey showed 92 vehicles passing in 30 minutes from 10:00 am to 10:30am and, similarly, 124 vehicles between 3:30pm and 4:00pm;

·         welcome safeguarding of the second entrance onto Chudleigh Road and the crossing on Shillingford Road because of the dangers to pedestrians visiting Alphington shops and the community centre. Shillingford Road has no pavement on one side of the road where there are 12 houses that have driveways that come directly onto the highway;

·         have requested traffic calming for Shillingford Road which is also a main road for the villagers of Shillingford St George, Shillingford Abbot, Cuthan Underdown and tourist areas such as Haldon Forest, the angling centre, the vineyards and the caravanning and camping site at Clapham Underdown. Agricultural and HGV vehicles also use the road; and

·         people in Alphington do need housing but the changes to the area are substantial and Shillingford Road remains dangerous.

 

Mrs Meadowcroft spoke against the application. She raised the following points:-

 

·         Alphington residents concerned about the increased traffic on Shillingford Road once this development is built;

·         drivers ignore the unenforceable 20mph speed limit, ending up at speed at the double roundabout on Chudleigh Road, regularly congested with traffic from the A379, causing vehicles to back up almost as far as this development site;

·         at least half of the whole South West Exeter development is north of the A379 with approximately 1,300 houses in addition to this application, with at least five new accesses onto Chudleigh Road and two on to Dawlish Road;

·         there is a need to look at the whole picture instead of approving each application separately;

·         declaration by the Highways Authority that the development’s traffic is unlikely to result in a severe impact on the safe and efficient operation of the strategic road network is flawed;

·         the two village mini-roundabouts will not be able to operate within capacity. There is a direct impact from the neighbouring developments of 2,500 new houses;

·         no new community facilities apart from the Local Centre being built over a kilometre away, south of the A379. New residents will come into Alphington village, where there is no proper car park and the school and surgery are already full;

·         Burrington Estates have ignored the fact that their development is part of a much bigger scheme with no links to surrounding residential areas or into the rest of the South West Exeter;

·         the historic Markham Lane bordering the south side is meant to be made into a high-quality cycle and pedestrian route and it is essential that the developer contributes to these works; and

·         request deferral of the application.

 

The Highways Development Management Officer advised that:-

 

·         the development was included within the South West Exeter Masterplan allocating 2,500 homes in Teignbridge and Exeter. The developer of this site would contribute to safe and sustainable highway conditions to be delivered through a Section 106 Agreement and mitigation measures;

·         a sense of place and frontage development would in themselves enforce the speed limits along Shillingford Road;

·         the Section 106 Agreement included a package of safety works for Alphington village including safety measures in the village itself, pedestrian links to north and south of the development and the bus route within the site; and

·         the development was part of the holistic approach adopted for the whole Masterplan area including pedestrian and cycle bridge works linking to the developments in Teignbridge, contributions to Markham Lane on the boundary between Exeter and Teignbridge and bus packages linking Exeter and Teignbridge.

 

Members expressed the following views:-

 

·         the development should be connected to the District Heating network in line with CP17 of  the Core Strategy Submission Document 2011 as part of the carbon energy from waste facility at Marsh Barton;

·         there should have been a more comprehensive approach in the development of the wider south west area as opposed to bringing forward individual, piecemeal developments;

·         no guarantee that the proposed serving of the development by a bus route will be maintained;

·         the application is part of the wider South West Exeter development which has been discussed for some ten years with the majority of the 2,500 homes being brought forward in the neighbouring authority with a smaller number within the Exeter boundary;

·         recognise role of the Alphington Village Forum in working to securing a number of changes associated with the developments; and

·         the developments in Alphington are important to help meet the housing need in the city and reflect the ambitions within the Liveable Exeter Vision

 

The recommendation was for approval, subject to the completion of a Section 106 Agreement and the conditions as set out in the report together with an additional condition as set out in the update sheet regarding the bus route into the site.

 

A proposal to add a condition to require the development to be linked to the District Centre was moved as an amendment, seconded and carried.

 

The recommendations, as amended, were moved and seconded and carried.

 

RESOLVED that

 

(1)  subject to the completion of a Section106 Agreement under the Town and Country Planning Act 1990 to secure:-

 

Affordable housing

 

30% contribution (70% of the affordable units are to be social rent and the remainder to be intermediate affordable housing) - 5% of the affordable units to be wheelchair accessible; and

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 affordable housing units to be constructed and made available for occupation prior to occupation of 80% of Open Market units.

 

Transport

Contributions required as follows:

 

·         Pedestrian/cycle bridge contribution of £1,104 per dwelling;

·         Chudleigh Road/A379 improvements works contribution of £3,798 per dwelling;

·         Alphington Public Realm Works contribution of £1,100 per dwelling;

·         Loram Way Cycle link contribution of £375 per dwelling;

·         Bus Service upgrade/extension contribution of £1,750 per dwelling;

·         Car Club contribution of £132 per dwelling;

·         Travel planning contribution £500 per dwelling;

·         Markham Lane contribution (to be agreed); and

·         In the case of the highway contributions all figures to be indexed linked from 2016.

 

For simplicity, the applicant has suggested the above is combined into one payment of £8,759 per dwelling (plus the Markham Lane contribution), payable as follows:-

 

To pay the County Council 50% of the highway contribution prior to occupation of 25% of the dwelling; and

To pay to the County Council the full balance of the highway contribution prior to the occupation of 50% of the dwellings.

 

·         Prior to commencement;

·         Enter into a Section 278 agreement; and

·         One Traffic Regulation Order of £5,000.

 

Education

Contribution to primary education of £4,004.75 per family-type dwelling (based on the Department of Education new build rate of £16,019 per pupil). This contribution would be used towards new primary provision in South West Exeter. One bedroom dwellings are excluded;

Contribution to secondary education of £2,026.83 per family-type dwelling (based on the Department of Education new build rate of £24,261 per pupil). This contribution will be used towards new secondary provision in South West Exeter. One bedroom dwellings are excluded;

Contribution of £250 per dwelling for Early Years provision. This will be used to provide early years provision for pupils likely to be generated by the proposed development. This contribution will be used towards new early years’ places in South West Exeter. One bedroom dwellings are excluded.

Payments to be provided as follows:-

 

To pay the County Council 50% of the education contribution prior to occupation of 25% of the dwelling; and

To pay to the County Council the full balance of the education contribution prior to the occupation of 50% of the dwellings.

 

GP Facilities/Provision

£384 per dwelling towards enhanced GP facilities in the locality.

 

To pay 50% of the health contribution to the Council prior to the first dwelling being occupied; and

To pay the full balance of the health contribution prior to the occupation of 50% of the dwellings.

 

Open Space/Landscaping

No more than 50% of dwellings shall be occupied until the Public Open Space has been laid out in accordance with the approved plans; and

Prior to completion of Public Open Space/Locally Equipped Area of Play areas, details of management company to be provided.

 

District heating connection.

 

Safeguard access/bus link to eastern boundary

 

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

 

the Assistant Service Lead City Development be authorised to APPROVE planning permission for residential development including new access onto Shillingford Road and associated infrastructure, with all matters reserved for future consideration subject to prior consultation with the Chair on securing the linking of this development to the District Heating system and, subject also to the following conditions:

 

1.         Approval of the details of the layout, scale, appearance of the buildings and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

Reason: To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters.

 

2.         Application for the approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of the permission and the development hereby permitted shall be begun before the expiration of five years from the date of the permission, or before the expiration of two years from the date of the approval of the last of the reserved matters to be approved whichever is the later.

Reason: To ensure compliance with section 91 - 93 of the Town and Country Planning Act 1990.

 

3.        In respect of those matters not reserved for later approval the development hereby permitted shall be carried out in accordance with the proposed access scheme shown on drawing no.14807-HYD-XX-XX-DR-TP-0201 rev P02.

Reason: To ensure that an appropriate vehicular access is provided to serve the development.

 

4.         No part of the development shall be occupied until pedestrian/cycle links onto Shillingford Road, Veitch Gardens and Markham Lane to existing highways have been completed with details that shall have been submitted to, and approved in writing by, the Local Planning Authority                       

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

 

5.         No part of the development shall be occupied until a 2m footpath adjacent to Shllingford Road as indicated on Drawing Number 14807-HYD-XX-XX-DR-TP-0201 Rev P02 have been completed with details that shall have been submitted to, and approved in writing by, the Local Planning Authority and with the Local Highway Authority   

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

 

6.        No more than 75 dwellings shall be occupied until a vehicular route from Shillingford Road to Chudleigh Road capable of accommodating two-way bus flow through the site have been provided to a specification agreed in writing with the Local Planning Authority and with the Local Highway Authority 

Reason: To ensure the site is served by sustainable transport modes required to meet the agreed residential trip rates and to ensure that a safe and suitable access to the site is provided for all users, in accordance with Paragraph 108 of the NPPF.

 

7.        If, during demolition/ development, contamination not previously identified is found to be present at the site then the Local Authority shall be notified as soon as practicable and no further development (unless otherwise agreed in writing with the Local Planning Authority), shall be carried out until the developer has submitted an investigation and risk assessment, and where necessary a remediation strategy and verification plan, detailing how this unsuspected contamination shall be dealt with. Prior to occupation of any part of the development, a verification report demonstrating completion of the works set out in the approved remediation strategy, shall be submitted to and approved by the Local Planning Authority.

Reason:In the interests of the amenity of the occupants of the buildings hereby approved.

 

8.        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: To ensure the appropriate identification, recording and publication of archaeological and historic remains affected by the development.

 

9.        Pre-commencement condition: No development shall take place until a Waste Audit Statement for waste arising from the development has been submitted to and agreed in writing by the Local Planning Authority. The statement shall include:

a) methods to reduce the amount of waste material

b) methods to re-use the waste within the development

c) methods for the reprocessing and/or final disposal of excavated materials, including locations (which should hold appropriate planning permission, Environment Agency licences and exemptions) where such activities will take place

d) estimated quantities of excavated/demolition materials arising from the site

e) evidence that all alternative methods of waste disposal have been considered

f) evidence that the distance travelled when transporting waste material to its final disposal point has been kept to a minimum.

Reason: The development shall be carried out in accordance with the approved statement.

 

10.       Pre-commencement condition: Prior to the commencement of development a Biodiversity Mitigation and Enhancement Plan 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 development shall be implemented and maintained in accordance with the approved Plan and programme of implementation.

Reason - In the interests of securing a comprehensive approach to the preservation and enhancement of the landscape and ecological interest of the site.

 

11.       Pre-commencement condition: No development (including ground works) or vegetation clearance work shall take place until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority including:

(a)  the timetable of the works;

(b)   daily hours of construction;

(c)   any road closure;

(d)   hours during which delivery and construction traffic will travel to and from the site, with such vehicular movements being restricted to between 8:00am and 6pm Mondays to Fridays inclusive: 9.00am to 1.00pm Saturdays, and no such vehicular movements taking place on Sundays and Bank/Public Holidays unless agreed by the planning Authority in advance;

(e)  the number and sizes of vehicles visiting the site in connection with the development and the frequency of their visits;

(f)    the compound/location where all building materials, finished or unfinished products, parts, crates, packing materials and waste will be stored during the demolition and

      construction phases;

(g)   areas on-site where delivery vehicles and construction traffic will load or unload building materials, finished or unfinished products, parts, crates, packing materials and waste with confirmation that no construction traffic or delivery vehicles will park on the County highway for loading or unloading purposes, unless prior written agreement has been given by the Local Planning Authority;

(h)  hours during which no construction traffic will be present at the site;

(i)     the means of enclosure of the site during construction works; and

(j)    details of proposals to promote car sharing amongst construction staff in order to limit construction staff vehicles parking off-site

(k)  details of wheel washing facilities and obligations

(l)    the proposed route of all construction traffic exceeding 7.5 tonnes.

(m) details of the amount and location of construction worker parking.

(n)  photographic evidence of the condition of adjacent public highway prior to

commencement of any work.

Reason: To minimise the environmental impacts of the construction process for local residents and in the interests of amenity.

 

12.       Pre-commencement condition: No development shall take place until a noise quality assessment has been carried out in accordance with a programme and methodology to be agreed in writing by the local planning authority and the results, together with any mitigation measures necessary, have been agreed in writing by the local planning authority. The development shall not be occupied until the approved mitigation measures have implemented.

Reason: In the interests of residential amenity.

 

13.       Prior to or as part of the Reserved Matters, the following information shall be submitted to and approved in writing by the Local Planning Authority:

(a) Soakaway test results in accordance with BRE 365 and groundwater monitoring results in line with our DCC groundwater monitoring policy.

(b) A detailed drainage design based upon the approved Flood Risk Assessment and the results of the information submitted in relation to (a) above

(c) Detailed proposals for the management of surface water and silt run-off from the site during construction of the development hereby permitted.

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

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

(f) Evidence there is agreement in principle from the landowner/DCC highways/SWW

(g) 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. 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: 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.

 

14.       Pre-commencement condition: No development shall take place until an air quality report has been submitted and agreed in writing by the Local Planning Authority of how good design principles and best practice measures, as outlined in Chapter 5 of the IAQM/EPUK guidance Land-Use Planning & Development Control: Planning For Air Quality, will be incorporated to ensure that emissions are fully minimised. The development shall not be occupied until the agreed measures have implemented.

Reason: In the interests of residential amenity.

 

15.       Pre-commencement condition: No development shall commence until details of the open space provision (to be not less than 10% of the total site area and excluding hedgerow and associated buffer area) and children’s play equipment has been submitted to and approved in writing by the local planning authority and thereafter installed to an agreed timescale and maintained in accordance with the agreed details.

            Reason: In the interests of residential amenity.

 

16.       With the exception of the approved removal of the accesses for the site any trees and 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.

 

17.      The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the tree protection plans submitted as part of a arboricultural Survey before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written approval of the Local Planning Authority.

Reason: 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.

 

18.      Unless it is agreed in writing by the Local Planning Authority prior to commencement that it is not viable or feasible to do so , or would unreasonably delay construction the habitable 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 proposed low temperature hot water decentralised energy district heating network. Space shall be provided for the necessary on-site infrastructure (including pipework, plant and machinery) for connection of those systems to the network at points at the application site boundary, as agreed in writing by the local planning authority.

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

 

19.       The development shall achieve a 19% reduction in CO2 emissions over than necessary to meet the requirements of the 2013 Building Regulations.

Reason - In the interests of sustainable development and in accordance with Exeter Core Strategy Policy CP15.

 

20.       Prior to or as part of the Reserved Matters, details of a vehicular route from Shillingford Road to the eastern boundary capable of accommodating two way bus flow including swept path analysis through the site has been provided to a specification agreed in writing with the Local Planning Authority and the Local Highway Authority.

Reason: To ensure that a safe and suitable access to the site is provided and capable of being used by buses.

 

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.

 

 

(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 Assistant Service Lead City Development for the reasons set out below:-

 

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;

·         Education contribution;

·         GP contribution;

·         Highway infrastructure contributions;

·         Travel Planning contribution; and

·         Traffic Regulation Order contribution

 

The proposal is contrary to Exeter Local Development Framework Core

Strategy 2012 Objectives 1, 3, 5, 6, and 10, and policies CP4, CP5. CP7,

CP9, CP10, CP13, CP16 and CP17, Exeter Local Plan First Review 1995-

2011 saved policies H6, T3, DG1 and DG4Exeter City Council Affordable Housing Supplementary Planning Document 2014, Exeter City Council Sustainable Transport Supplementary Planning Document 2013.