Agenda item

To consider the report of the Director City Development, Housing and Supporting People.

 

The Assistant Service Lead (City Development) presented the application for the construction of a commercial building extending to 2,820sqm (GIA) for the flexible use of Class E (Commercial, business and service uses, excluding sub class E(g)(iii) Industrial processes), access, car and cycle parking, landscaping and associated infrastructure

 

The Assistant Service Lead (City Development) provided a description of the site and the development and went through the site location plan, views of the site including aerial views, and photographs showing the relationship with the Chasee development and the M5 motorway bridge, including a photo from the motorway itself. He ran through the footprint and floor plans with CGI images also shown. He provided detail of previously approved schemes including a residential scheme and a smaller office development. The current proposal covered a larger footprint than the previous office application.

 

He referred to the following key issues:-

 

·         the principle of development;

·         the Topsham Gap;

·         the scale, design, impact on character and appearance and impact on amenity of surroundings, the design being acceptable to the Design Review Panel and with a Green Wall to be provided;

·         parking for 46 car parking spaces, 46 cycle spaces, 10 co-bikes and 2 co-cars;

·         access and impact on local highways and parking provision;

·         sustainable public transport links; and

·         landscaping and sustainability and ecology, the scheme to be developed to being BREEAM excellent standard.

 

He also referred to the following:-

 

·         consultee responses from Devon County Council, Environmental Health, the Flood Authority, Highways England and the RSPB and associated conditions requested;

·         44 objections had been received including from the Topsham Society and the Ministry of Defence;

·         two further representations (one from the Topsham Society) including reference to road surfacing, increased traffic and parking and the scale of the development. The initial objections had been summarised in detail in the officer report; and

·         the applicant was not obliged to make public the comments of the Design Review Panel but it, together with all other representations received, were published on the website.

 

The following responses were given to Members’ queries:-

 

·         the applicant had reduced the height of the building taking away much of the top floor so there would be little significant impact from the motorway; and

·         on a previous appeal the Inspector had considered the principle of development and had concluded that the site was suitable for a substantial building.

 

David Burley spoke against the application. He raised the following points:-

 

·         the site was a recreational-amenity space for the adjacent Chasse development but has been subject to repeated applications;

·         the Topsham Society highlight that the proposal is vast, equivalent to the Ashfords Building on Honiton Road. Whilst that faces a dual carriageway, the application site is in a quiet, private residential tree lined road and intrudes deeply into this quiet and small scale setting;

·         the building is not proportional to the M5 embankment. It exceeds the height of the motorway by nearly 9 metres;

·         it is 6.7 metres higher than the highest eaves of the adjacent Chasse and is over-scaled. It tries to turn a quiet residential area into a Business Park;

·         there is a fundamental impact on the character of Retreat Drive”;

·         the Design Review Panel report is not in the public domain and the Panel was mainly commenting on the building as an object, not in context, and the conclusions are of limited worth;

·         parking provision is 30-50% below the City Council’s normal standard and is unacceptable for an isolated location where more, not less users, will travel by car and overspill into adjoining streets;

·         recent residential cramming around Topsham is due to a policy drive to address a housing shortfall but no such driver exists for offices and it is questionable if demand remains in light of Covid-19;

·         the current boatyard is small scale, serving a local need whilst the proposal is vast and over scaled; and

·         Topsham Society request the rejection of this damaging, merit-less, profit first, proposal.

 

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

 

·         application has been the subject of extensive consultation and will provide a zero carbon, sustainable work environment with a wide range of potential uses and be within easy walking or cycling distance for a large number of people who will work in the building;

·         have consulted with the Planning Member Working Group and the Design Review Panel;

·         the aim is to build one of the first Zero Carbon flexible, commercial building in Exeter to cater for a wide variety of employment uses such as a Dentist’s or Doctor’s consulting rooms, small businesses and general office use as it can be divided into a wide range of space sizes;

·         it will be heated by either Ground Source or Air Source Heat Pumps, with extensive PV Solar panels and battery storage to make it carbon neutral;

·         the external design breaks the building into smaller individual blocks using a variety of natural materials;

·         the Fitness Studio and “Well Being Suite” on the top floor will focus on health and wellbeing of the people who will work in the building with a range of non-work activities and training to be provided. Electric co-bikes will be provided both for employees and local residents, as well a large number of cycle parking bays and a network of Electric Car Charging points; and

·         the building will be a front runner in integrating sustainable employment space in a fully flexible zero carbon building and it will allow people to work close to where they live without travel into the City Centre or an out of town business park.

 

He responded as follows to Members’ queries:-

 

·         whilst many offices in Exeter have been designed with large scale open plan space, this development can be subdivided into flexible, smaller units/blocks so can be split up to accommodate the various needs identified;

·         the building is screened by trees which are higher than the motorway so the motorway will not be impacted. In addition, the top floor is lower than the adjacent buildings with approved consents;

·         the whole building will have an air filtration system which will filter out air pollutants;

·         neither Highways England or Devon County Council have expressed concern regarding the design of the building in respect of potential light intrusion onto motorists on the highway. The top floor has few windows on the motorway side; and

·         the proposal was changed to a larger footprint as land was purchased from the adjacent boatyard which no longer requires part of its land.

 

Members expressed the following views:-

 

·         application provides a flexible, multi-use site and will help future proof Exeter’s economy and also includes community and medical use in a growing part of the city;

·         it is a sustainable development as it provides an employment hub and should reduce car journeys for workers in to Exeter;

·         it has a previous consent for an office building;

·         the sustainable nature of the development is welcome with car parking spaces located underneath the building; and

·         it is on a main bus route and is not therefore a remote, inaccessible location. It is easily accessible for cyclists given the flat nature of the approaching roads and with a number of different routes from the city centre.

 

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

 

The recommendation was moved and seconded and carried.

 

RESOLVED that planning permission for the construction of a commercial building extending to 2,820sqm (GIA) for the flexible use of Class E (Commercial, business and service uses, excluding sub class E(g)(iii) Industrial processes), access, car and cycle parking, landscaping and associated infrastructure be APPROVED, subject 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  23 July 2020 (including dwg. nos. 1420 PL06L (first and second floor plans), Archaeological assessment, Sustainability statement, and Acoustic screening assessment), 11 September 2020 (dwg. nos 1420 PL04E (landscape plan), 1420 PL05N (GF plan)), 10 November 2020 (dwg. nos. 1420 PL07 rev O (3rd and 4th floor plan), 1420 PL08M (SE and NE elevations)), 20 November 2020 (dwg. nos 1420 PL03K (site plan), 1420 PL09K (SW and NW elevations), 1420 PL10H (cross section AA), 1420 PL12F (cross section BB), 1420 PL13F (cross section CC), as modified by other conditions of this consent.

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

 

 3)        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 approved Flood Risk Assessment and Drainage Strategy.

(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) Evidence there is agreement in principle from South west Water to connect into their system.

No building hereby permitted shall be occupied until the works have been approved and implemented in accordance with the details under (a) - (e) 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 condition 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 the site layout is fixed.

 

 4)        Pre-commencement condition: Details of all building services plant, including sound power levels and predicted sound pressure levels at a specified location outside the building envelope, to be submitted to and approved in writing by the LPA. The predicted noise levels shall be submitted prior to commencement of the development and shall be demonstrated by measurement prior to occupation of the development.

Reason for pre-commencement condition: To protect occupiers of the building, and nearby residents from excessive noise. The details are needed prior to the start of work as the acoustic report may require changes to the design details.

 

 5)        Pre-commencement condition: Unless otherwise agreed in writing by the Local Planning Authority, the development hereby approved shall achieve a BREEAM excellent standard (minimum 70% score) as a minimum. Prior to commencement of development of such a building, the developer shall submit to the Local Planning Authority a BREEAM design (interim) stage assessment report, to be written by a licensed BREEAM assessor, which shall set out the BREEAM score expected to be achieved by the building and the equivalent BREEAM standard to which the score relates. Where this does not meet the BREEAM minimum standard required, the developer shall provide, prior to the commencement of development of the building, details of what changes will be made to the building to achieve the minimum standard for the approval of the Local Planning Authority to be given in writing. The building must be completed fully in accordance with any approval given. A BREEAM post completion report of the building is to be carried out by a licensed BREEAM assessor within three months of substantial completion of the building and shall set out the BREEAM score achieved by the building and the equivalent BREEAM standard to which such score relates.

Reason for pre commencement condition: To ensure that the proposal complies with Policy CP15 of Council's Adopted Core Strategy and in the interests of delivering sustainable development. The design stage assessment must be completed prior to commencement of development because the findings may influence the design for all stages of construction.

 

 6)        Pre-commencement condition: Prior to the commencement of development, details of the provision forintegral bird boxes shall be submitted to and approved in writing by the Local Planning Authority in consultation with the RSPB. Upon written approval of the details, the scheme shall be fully implemented as part of the development and retained thereafter.

Reason for pre-commencement condition: In the interests of preservation and enhancement of biodiversity in the locality. These details are required prior to commencement of the development to ensure that they are delivered in the construction.

 

 7)        Pre-commencement condition: No development (including ground works) or vegetation clearance works shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The Statement shall provide for:

 

a)         Details of access arrangements and timings and management of arrivals and departures of vehicles

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 monitor and control the emission of dust and dirt during construction.

h)         No burning on site during construction or site preparation works.

i)          Measures to monitor and minimise noise/vibration nuisance to neighbours from plant and machinery.

j)          Construction working hours and deliveries from 8:00 to 18:00 Monday to Friday, 8:00 to 13:00 on Saturdays and at no time on Sundays or Bank Holidays.

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

 

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

Reason for pre-commencement condition:  In the interests of highway safety and public amenity including the occupants of nearby dwellings.

 

 8)        Pre-commencement condition: Prior to commencement of the development, details shall be submitted to the Local Planning Authority of the exact location of the tree and materials used on the highway (of the corner of Retreat Drive/Exeter Road). Development shall not be commenced until such details have been agreed in writing by the Local Planning Authority in consultation with the Highway Authority, and prior to commencement the development, details shall be provided in accordance with the submitted details.

Reason for pre-commencement condition: 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. This information is required before development commences to ensure that the proposals are properly considered and addressed at the earliest possible stage.

 

9)         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.

 

10)       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: To minimise the amount of waste produced and promote sustainable methods of waste management in accordance with Policy W4 of the Devon Waste Plan and the Waste Management and Infrastructure Supplementary Planning Document. These details are required pre-commencement as specified to ensure that waste generated during demolition and construction is managed sustainably.

 

 11)      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.

 

12)       Notwithstanding the provisions of Article 3 and Schedule 2 of the Town and Country Planning General Development Order 2015 (or any Order revoking or re-enacting that Order) and the Town and Country Planning Use Classes Order 1987 or any Order revoking and re-enacting that Order, the site shall not be used for residential use without the formal consent of the Local Planning Authority.

Reason: To enable the Local Planning Authority to retain control over the use, to consider residential amenity, and to prevent the loss of commercial units in this area.

 

13)       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 development shall take place 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.

 

14)       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.

 

15)       No part of the development hereby approved shall be brought into its intended use until the vehicular access point, vehicular turning head and footway/cycleway adjacent to Retreat Drive as indicated on Drawing Number "1402/PL05 Rev O" has been provided in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority.             

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

 

16)       No part of the development hereby approved shall be brought into its intended use until a 3m effective width footway/cycleway adjacent to Exeter Road as indicated on Drawing Number "1402/PL05 Rev O" has been provided in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority.            

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

 

17)       No part of the development hereby approved shall be brought into its intended use until the Parking bays for a two Co-Cars and space for a 10 Co bikes and associated docking station (together with electricity supply to both elements) as indicated on Drawing number "1402/PL05 Rev O" has been provided in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority.

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

 

18)       No part of the development hereby approved shall be brought into its intended use until the secure sheltered cycle parking spaces as indicated on Drawing number "1402/PL05 Rev O" has been provided in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority.

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

 

19)       A comprehensive Framework Travel Plan/Car Park Management Plan for the site shall be submitted to and approved in writing by the Local Planning Authority in advance of occupation of the development. The approved travel plan measures will be implemented to the satisfaction of the Local Planning Authority.

 

A review of travel patterns for the site shall be undertaken within 6 months of occupation of the development and updated on a basis as agreed in writing with the Local Planning Authority thereafter.

 

Reason: To ensure that the development promotes all travel modes to reduce reliance on the private car, in accordance with paragraph 111 of the NPPF.

 

20)       Prior to installation, details of the green wall shall be submitted to and approved in writing by the Local Planning Authority. Upon written approval of the details, the green wall shall be fully implemented as part of the development and retained thereafter.

Reason: In the interests of enhancement of biodiversity, and sustainable development.