Agenda item

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

Councillor Sparkes declared a disclosable pecuniary interest and left the meeting during consideration of this item.

The Project Manager (Planning) presented the application for construction of two storey building containing four flats. He described the development as comprising a two storey block, in contemporary design, containing four self-contained flats with a communal amenity space provided at the rear as well as private spaces for each of the flats. Car parking spaces and storage areas for bins and bicycles were also incorporated into the scheme, the Project Manager stating in response to a Member that normally it would be expected that the cycle parking area of eight spaces would be covered.

The Project Manager also reported:-

·         the principle of housing development had been previously agreed when a development of two dwellings had been supported in 2017;

·         Devon County Council had requested payment of £14,235 to mitigate the impact on local secondary schools which the applicant had agreed to pay; and

·         the 19% improvement on energy efficiency should be beyond the current building regulations standards.

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

The recommendation was moved and seconded and, following a vote, was carried unanimously.

RESOLVED that, subject to the completion of a legal agreement under Section106 Agreement under the Town and Country Planning Act 1990 (as amended) to secure a financial contribution of £14,000 towards secondary education the Assistant Service Lead City Development be authorised to APPROVE planning permission for construction of two storey building containing four flats, 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 09 December 2020 (including dwg. nos. 267:1:01 Rev. H, 267:1:02 Rev. C, 267:1:03 Rev. B and 267:4:01 Rev. C) as modified by other conditions of this consent.

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

3)         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) 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; and

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 for pre-commencement condition: In the interest of the environment of the site and surrounding areas and to ensure the construction phase is managed in a way that reduces any harmful impacts on the locality.

4)         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.

5)         Pre-commencement condition: No development shall take place until details of the implementation, maintenance and management of a sustainable urban drainage scheme have been submitted to, and approved by, the Local Planning Authority. The scheme shall be implemented, and thereafter managed and maintained, in accordance with the approved details. Those details shall include:

i. a timetable for its implementation, and

ii. a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable urban drainage scheme throughout its lifetime.

Reason for pre-commencement condition: To ensure the satisfactory drainage of the development. This information is required before development commences to ensure that any drainage scheme is properly designed and implemented at the appropriate stage.

6)         A detailed scheme for landscaping, including the planting of trees and or shrubs and the use of surface materials, shall be submitted to the Local Planning Authority and no flat shall be occupied until the Local Planning Authority has 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: Insufficient information has been submitted with the application and in the interests of visual and residential amenity.

7)         In the event of failure of any trees or shrubs, planted in accordance with the landscaping 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: In the interests of visual and residential amenity.

8)         The flats shall not be occupied until full details of the bicycle store have been submitted to, and approved by, the Local Planning Authority. Thereafter, the bicycle store shall be constructed, maintained and retained in accordance with the approved details.

Reason: To ensure that safe and secure bicycle storage is provided in order to encourage sustainable forms of travel.

9)         Prior to the installation of windows into the buildings, full details of the design/depth of the reveals shall be submitted to, and approved by, the Local Planning Authority. The windows shall thereafter be inserted in accordance with the approved details.

Reason: In the interests of ensuring that design details result in a high quality finish and appearance to the building.

10)       No part of the development hereby approved shall be brought into its intended use until the vehicular spaces and turning area, shown on Drawing Number 267:1:01 Rev G (received by the Council on 25 November 2020), have been provided in accordance with the approved details and thereafter maintained and retained for that purpose at all times.

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

11)       Prior to their use on site, samples of the brick and cladding materials shall be submitted to, and approved, by the Local Planning Authority. The development shall thereafter be constructed using these approved materials where relevant in the approved plans.

Reason: In the interests of visual amenity and ensuring good quality materials are used.

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.