Agenda item

To consider the report of theLiveable Exeter Programme Director and City Development Strategic Lead.

 

Councillors Branston and Mrs Henson declared non-pecuniary interests and left the meeting during consideration of this item.

 

The Assistant Service Lead Planning presented the application for the demolition of the existing dwellings and re-development of the site to create 31 nos. one and two-bedroom almshouse flats together with landscape enhancement to the adjacent Bull Meadow Park. The current three buildings were built in 1928, consisting of 12 one-bedroom almshouse flats.

 

The Assistant Service Lead referred to the following matters:-

 

·         the development was proposed as “car-free” with no on-site parking;

·         the building would be four storeys high facing Bull Meadow and two storeys high facing Fairpark Road;

·         the existing buildings were deemed to have a positive impact on the St. Leonards Conservation Area, and the site was just outside the Area Of Archaeological Importance in the Local Plan;

·         an archaeological investigation had shown significant archaeological remains;

·         private amenity space was to be provided for residents in the form of balconies, and a landscaped communal garden was also proposed to the rear of the building. There was also access to the adjacent Bull Meadow Park; and

·         the design of the proposed building was contemporary; however, it was heavily influenced by the traditional characteristics of the conservation area and the Almshouses.

 

The Assistant Service Lead also referred to the receipt of 129 initial objections and three neutral and two supportive comments with almost all objections relating to the loss of Bull Meadow and the receipt of a 415 petition primarily concerned with the loss of land caused by the turning head and increased traffic on Temple Road. On re-consultation, 32 representations had been received, including 30 objections. Other issues raised in objections included:-

 

·         traffic, specifically on Temple Road, during the construction phase;

·         character and the impact of the surrounding area, including St. Leonards Conservation Area;

·         level access;

·         scale, massing and height;

·         sewage and drainage matters; and

·         overlooking and outlook.

 

The Assistant Service Lead further reported the following:-

 

·         English Heritage had identified the proposal as causing “less than substantial” harm to the Conservation Area because the existing buildings contribute to local character, and the proposed buildings would unacceptably alter this character. The National Planning Policy Framework stated that where there was less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal;

·         the optimum viable use of this site was for affordable residential units;

·         public benefits of this application included the provision of an increased number of affordable residential units on the site, better accessibility to the residential units from Fairpark Road and into Bull Meadow Park and homes fit for purpose in the 21st century in terms of sustainability and internal layout; and

·         it was considered on balance that the public benefits of the development outweighed the harm to designated and non-designated heritage assets arising from the loss of the existing buildings or their replacement with a more extensive built development.

 

Responding to Members, the Assistant Service Lead advised that modification of the existing buildings would cause harm to their external appearance and impact adversely on the character of the area and confirmed that there was a gated entrance to the park at the bottom of the path to the side of the development which was likely to minimise any potential conflict resulting from the use of this steep path and the proximity of a lamppost.

 

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

 

·         thanked the Council on its decision not to sell any portion of Bull Meadow Park for the development and re-opening public consultation, additional concerns having been received which were more expansive than the threat to Bull Meadow Park;

·         concerns about the extra delivery and service traffic on Temple Road;

·         no additional residents parking spaces or permits should be provided;

·         disappointing that there had been no further engagement with the community by the applicant, especially on landscaping to the park;

·         residents are not opposed to re-development but in a sensitive manner;

·         Bull Meadow is an area of predominantly modest terraced houses with postage stamp courtyards, not gardens. The park is precious, and the proposed development would dominate the homes on Temple Road, and there would be a significant impact on the amenity of the Grade 2 Listed Ernsborough Court on the opposite side of Fairpark Road;

·         the Council’s Principal Project Manager for Heritage had stated that there was insufficient justification for demolition and re-development as opposed to retention, upgrading and extension and that weight should be given to the protection of the historic environment;

·         increasing the number of units from 12 to 31 is a fundamental problem here as the site is not appropriate for a 158% increase in units;

·         the development would not meet Local Plan guidance to improve the area, both by proposed use and quality and not having a detrimental effect on the character of adjacent listed buildings;

·         it will undermine this area’s history, character and positive contribution to the city and fails to meet one of the Council’s key objectives for housing within the Core Strategy of pprotecting and enhancing the city’s character;

·         it is a dominant, contemporary development of four-storey blocks permanently altering the area’s character, overlooking and overbearing a public park. It would change for good the landscape and cause significant harm to the amenity of residents and park users within a conservation area.  Objections have been received from Historic England, the Devon Buildings Group as well as the Council’s Principal Project Manager for Heritage; and

·         the development should be refused, and the applicant encouraged to return to the table with a more appropriate plan similar to the nearby Magdalen Road Cottages.

 

Responding to a Member, he welcomed the levelling of the access from Fairpark Road. Still, he confirmed concerns remained about the access from the buildings to the park.

 

Juliette Stephenson spoke against the application. She raised the following points:-

 

·         have lived on Temple Road for 34 years and spoken with many residents who are overwhelmingly opposed;

·         will harm regular users of the park who live in houses and flats in streets adjacent. Many have small backyards or balconies and no gardens, so Bull Meadow is vital in providing valuable space. It is more than a municipal park and provides heart to the community;

·         the plan is out of proportion, too dominating and would harm the park’s character, environment, and surrounding streets. The proposal is of an overbearing size, scale and height. The planned four-storey building would overwhelm the park and would tower above neighbouring houses. It is against the St. Leonards Conservation plan, both in spirit and detail;

·         it is almost twice as high as the adjacent and nearest residential houses on Temple Road, which are only two stories high;

·         the view from the park is just as important as the view tothe park. The suggested planting is in the middle of an area used daily for sports;

·         the current buildings are shielded from view by a three-metre hedgerow and trees, which provide a secluded and peaceful oasis in the park, so crucial to many;

·         adverse impact on wildlife where there are good foraging and commuting routes within the context of the urban landscape; and

·         the expressed preference of the community is for the refurbishment of the existing Almshouses who support the views of the Council Heritage Officer that the cumulative harms outweigh the benefits. The second-best option would be a new development at a maximum of three stories, still providing a very significant increase in social housing and a 100% increase in flat numbers.

 

Steve Sitch spoke in support of the application. He raised the following points:-

 

·         Exeter Homes Trust, regulated by the Charity Commission, Homes England and the Regulator for Social Housing, was a Housing Association established in 1976, owning and managing 143 Almshouses across eight estates in the city providing accommodation for people aged 55 or over;

·         the charity continually re-evaluates buildings to identify improvements to future proof the accommodation and in the last eight years had brought 43% of housing stock up to a contemporary standard;

·         the development will help meet local housing needs by utilising a previously developed site not making the most efficient use of land with an extra 19 affordable homes provided;

·         the 31 new larger homes would meet modern building regulations and, although contemporary, would be influenced by the traditional characteristics of the conservation areas;

·         usable amenity space for residents would be provided, residents to benefit from private balconies and semi-private landscaped communal gardens;

·         it would be a car-free development, with no on-site parking;

·         a balancing exercise has been carried out, and it is considered the public benefits of the scheme can outweigh harm; and

·         it represents a sustainable form of development. Furthermore, the proposal would secure the optimum viable use of the site and deliver 31 much-needed affordable homes against the backdrop of housing under-delivery in the city and provide social housing.

 

He responded as follows to Members’ queries:-

 

·         public consultation started in 2015 with an event held in the Barnfield Theatre with public comments reducing over time;

·         the Turning Head was proposed at the request of the County’s Highway Officer;

·         charging points for mobility scooters would be provided;

·         the site is set on a slope that descends from east to west by approximately 6 metres, between Fairpark Road and Bull Meadow Park; the scheme is designed to avoid creating a conflict between an existing lamp post and the use of the path by walkers and cyclists. In this respect, the officers confirmed that the landscaping for the scheme would accommodate the lamp post without causing conflict for path uses.

 

Members expressed the following views:-

 

·         the re-development offers improved living conditions and much needed social housing given the current housing emergency in the city. Many existing residences are poor in quality, damp etc.;

·         the interface with the park offers a continued valuable amenity for the existing and new residents and the £20,000 offer to enhance the park is a welcome bonus;

·         welcome car-free element;

·         whilst recognising the sustainability of the site, the car-free element and the increase in units, it was felt by a member that the scale and massing of the design is inappropriate; and

·         it is important to retain historical aspects of the city if possible, but balanced against this is affordable housing.

 

The recommendation was for approval, subject to the completion of a Section 106 Agreement to secure affordable housing and financial contributions towards enhancing Bull Meadow Park and habitats mitigation and conditions set out in the report. An open space contribution was not deemed necessary given the proximity of the park. The development was liable for Habitats Mitigation Contribution but not CIL as it was 100% social housing exempt.

 

The recommendation was moved, seconded and carried.

 

RESOLVED that:-

 

1)    subject to a Section 106 Agreement under the Town and County Planning Act 1990 (as amended) to secure the following:-

 

·         100% affordable housing of 31 dwellings;

·         £20,000 as a contribution to the enhancement of Bull Meadow Park; and

·         Habitats Mitigation contribution of £22,629.

 

All Section 106 contributions should be index-linked from the date of resolution.

 

The Deputy Chief Executive be authorised to GRANT planning permission for the demolition of the existing dwellings and redevelopment of the site to create 31 nos. one and two-bedroom almshouse flats together with landscape enhancement to the adjacent Bull Meadow Park, 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 31 March 2021 including following drawings numbers, as modified by other conditions of this consent:

·         150161 AL(0)104-G Proposed Ground Floor

·         150161 AL(0)105-G Proposed First Floor

·         150161 AL(0)106-G Proposed Second Floor

·         150161 AL(0)107-G Proposed Third Floor

·         150161 AL(0)108-G Proposed Roof Plan

·         150161 AL(0)109-E Proposed Sections 1

·         150161 AL(0)110-F Proposed Sections 2

·         150161 AL(0)110-F Proposed Sections 2

·         150161 AL(0)111-E Context Sectional Elevations 1

·         150161 AL(0)112-E Context Sectional Elevations 2

·         150161 AL(0)113-F Proposed Elevations 1

·         150161 AL(0)114-E Proposed Elevations 2

·         150161 AL(0)115-E Proposed Elevations 3

·         150161 AL(0)116-B Proposed Section A-A

·         150161 AL(0)101-G Proposed Site Plan

 

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

 

 3)       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.

 

 4)       Pre-commencement condition: No development shall take place, including any works of demolition, until adequate areas shall have been made available within the site to accommodate operatives' vehicles, construction plant and materials and a Construction and Environment Management Plan CEMP has been submitted to and approved in writing by, the Local Planning Authority. The statement should include details of access arrangements, measures to minimise the impact on the adjacent footpath and timings of the proposed works.

a)    The Statement shall provide for:

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

Notwithstanding the details and wording of the CEMP the following restrictions shall be adhered to:

a)    There shall be no burning on site during demolition, construction or site preparation works; Unless otherwise agreed in writing, no construction or demolition works shall be carried out, or deliveries received, outside of the following hours: 0800 to 1800 hours Monday to Friday, 0800 to 1300 on Saturdays, and not at all on Sundays and Public Holidays;

b)    Dust suppression measures shall be employed as required during construction in order to prevent off-site dust nuisance.

c)    No driven piling without prior consent from the LPA

The approved CEMP shall be adhered to throughout the construction period.

Reason for pre-commencement condition: In the interests of the occupants of nearby buildings, highway safety and public amenity. This information is required before development commences to ensure that the impacts of the development works are properly considered and addressed at the earliest possible stage.

 

 5)       Prior to the construction of the foundations of any dwelling hereby permitted, the Design SAP calculation(s) of the dwelling(s) shall be submitted to and approved in writing by the Local Planning Authority, which shall demonstrate that the dwelling(s) will achieve a 19% reduction in CO2 emissions in relation to the level required to meet the 2013 Building Regulations. No individual dwelling shall be occupied until the As-Built SAP calculation of the dwelling has been submitted to and approved in writing by the Local Planning Authority to confirm that a 19% reduction in CO2 emissions in relation to the level required to meet the 2013 Building Regulations has been achieved.

Reason: To ensure the dwelling(s) will achieve the energy performance standard required by Policy CP15 of the Core Strategy, taking into account the Written Ministerial Statement on Plan Making (25 March 2015) requiring local planning authorities not to exceed the equivalent of the energy requirement of Level 4 of the Code for Sustainable Homes, in the interests of reducing greenhouse gas emissions and delivering sustainable development. (Advice: Please see Paragraph: 012 ID: 6-012-20190315 of the National Planning Practice Guidance on Climate Change for background information.)

 

 6)       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 building operations are carried out in a sustainable manner.

 

7)        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, network model outputs, based upon the approved Flood Risk Assessment and Drainage Strategy dated March 2018, (including revised drawings submitted March 2021 to conform to amended scheme).

(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 SWW 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: 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.

 

 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 for pre commencement condition: To ensure the appropriate identification, recording and publication of archaeological and historic remains affected by the development. This information is required before development commences to ensure that historic remains are not damaged during the construction process.

 

 9)       Prior to occupation of any dwelling hereby approved a Wildlife Plan which demonstrates how the proposed development has been designed to enhance the ecological interest of the site, and how it will be managed in perpetuity to enhance wildlife has been submitted to and approved by the Local Planning Authority. Thereafter the development shall be carried out and managed strictly in accordance with the approved measures and provisions of the Wildlife Plan.

Reason: In the interests of protecting and improving existing, and creating new wildlife habitats in the area.

 

10)      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.

 

11)      No external lighting shall be installed on the site or on the building hereby permitted 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.

 

 12)     The sound insulation provided by the façade elements shall meet or exceed the standards specified in paragraphs 3.2.3 and 3.2.4 of the submitted Clarke Saunders report 20-24 Fairpark Road ProPG Risk Assessment and Acoustic Design Statement (ref.: AS10159.180316.R1.1.docx, date: 17 July 2018) and supported by Clarke Saunders Technical Advice Note on the subject Revised Site Layout and Implications on Noise Assessment (ref.:10159.210331.TN, date: 31 March 2021).

Reason: To protect future residents from excessive traffic noise.

 

 13)     A detailed scheme for landscaping in accordance with submitted details (Landscape Plan 1714-01-P8 and Planting strategy and Maintenance responsibility 1714-02-P8), including the planting of trees and or shrubs, the use of surface materials and boundary screen walls and fences shall be submitted to the Local Planning Authority and no dwelling or building shall be occupied until the Local Planning Authority have approved a scheme;  such scheme shall specify materials, species, tree and plant sizes, numbers and planting densities, and any earthworks required together with the timing of the implementation of the scheme.  The landscaping shall thereafter be implemented in accordance with the approved scheme in accordance with the agreed programme.

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

 

 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)     The dwellings hereby approved shall be designed and built to meet M4 2 (if not M4 3 - Wheel chair accessible dwelling) of the Building Regulations Access to and Use of Building Approved Document M, 2015 edition.

Reason: To increase choice, independence and longevity of tenure in accordance with Policy CP5 point three of the Exeter Core Strategy.

 

 16)     Pre commencement condition: No individual dwelling hereby approved shall be brought into its intended use sufficient refuse and bin facilities for residents have been provided in accordance with details that shall prior to commencement have been submitted to, and approved in writing by, the Local Planning Authority. Thereafter the said refuse and bin facilities shall be retained for that purpose at all times.

Reason: To ensure sufficient refuse and bin is provided in suitable collection points.

 

17)      No part of the development hereby approved shall be brought into its intended use until pedestrian access points as indicated on the Proposed Site Plan Drawing Number 150161 AL(0)104 Rev G have been provided and maintained in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority 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.

 

 18)     Prior to commencement of the development, details shall be submitted to the Local Planning Authority of secure covered cycle parking provision for the development. Development shall not be commenced until such details have been agreed in writing by the Local Planning Authority, and prior to occupation the cycle parking shall be provided in accordance with the submitted details. 

Reason: To provide adequate facilities for sustainable transport.

 

19)      Before the development hereby approved is brought into use the proposed windows at 2^nd and 3^rd floor in the South Elevation of the property shall be glazed with obscure glass (as shown in drawing 150161 AL(0)113F) to a minimum level of obscurity to conform to Pilkington Glass level 3 or equivalent, and thereafter so maintained. Furthermore, no new windows or other openings shall be inserted in the 2^nd and 3^rd floor of this elevation.

Reason: To protect the amenities of the adjoining property.

 

 

and further RESOLVED that:-

 

1)    the City Development Lead or Deputies 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 6 March 2022 or such extended time as agreed by the City Development Lead or Deputies 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, as set out in the report.

·         £20,000 as a contribution to the enhancement of Bull Meadow Park.

·         Habitats Mitigation contribution as set out in the report.

·         All S106 contributions should be index-linked from the date of resolution

 

the proposal is contrary to Exeter Local Development Framework Core Strategy 2012 CP1, C3, CP4, CP5, C7, C10, C11, CP12, C15, CP17 in the Core Strategy, and policies AP1, AP2, H1, H2, H5, H7, T1, T2, T3, C1, EN4, DG1, DG4 in the Local Plan, Exeter City Council Affordable Housing Supplementary Planning Document 2014, and Exeter City Council Public Open Space Supplementary Planning Document 2005.