Agenda item

Planning Application No. 21/1104/FUL - The Harlequin Centre, Paul Street, Exeter

To consider the report of the Deputy Chief Executive.

 

Minutes:

The Principal Project Manager and Acting Major Projects Team Leader presented the application for development of two Co-Living (Sui Generis) accommodation blocks, following demolition of existing shopping centre and pedestrian bridge, change of use of upper floors of 21-22 Queen Street to Co-Living (Sui Generis), and all associated works including parking, landscaping, amenity areas, public realm improvements, new pedestrian bridge and provision of heritage interpretation kiosk. (Revised)

The Principal Project Manager and Acting Major Projects Team Leader reported the detail of a revised application for the site, permission having been granted previously for a co-living block and hotel on the site, the developer now seeking to replace the hotel with a second block for co-living. He set out a detailed description of the site and surrounding area, including: site photographs, the location of Central and St David’s conservation areas, the location of listed and locally listed buildings, and the character of the surrounding built environment. He then presented the proposed scheme, including: layout plans, floor plans, elevations and Landscape and Visual Impact Assessment (LVIA) views.

The report set out the following key issues:-

 

·         the principle of development;

·         affordable housing;

·         access and impact on local highways and parking provision;

·         design and landscape;

·         impact on heritage assets;

·         residential amenity;

·         impact on amenity of surroundings, air quality and trees and biodiversity;

·         contaminated land;

·         flood risk and surface water management;

·         sustainable construction and energy conservation; and

·         development plan, material considerations and presumption in favour of sustainable development.

 

The Principal Project Manager and Acting Major Projects Team Leader set out the following key elements:-

 

·         demolition of existing 1980’s shopping centre;

·         two blocks of co-living accommodation plus change of use of upper two floors of 21-22 Queen Street into co-living accommodation;

·         a total of 383 bedspaces (132 more than previous scheme for co-living block and hotel);

·         Block 1 comprising 138 studios and 18 cluster flats with 107 bedrooms;

·         Block 2 comprising 133 studios;

·         21-22 Queen Street comprising five studios;

·         20% affordable housing provided with 55 studios and 21 cluster bedrooms with  priority to be given to essential local workers;

·         provision of  a new landscaped square and ‘pocket park’;

·         retention of the ramp with a new interpretation centre beneath to include promotion of the nearby City Wall Scheduled Monument in association with RAMM;

·         removal of four trees to facilitate access;

·         new pedestrian bridge across Paul Street;

·         improved access to City Wall;

·         Paul Street narrowed to two lanes with wider foot/cycleways and public cycle parking; and

·         the removal of 91 car parking spaces and with the retention of nine spaces for local businesses and two disabled spaces together with two Electric Vehicle car club spaces for co-living use.

 

The Principal Project Manager and Acting Major Projects Team Leader responded as follows to Members’ queries:-

 

·         the proposal for a new footbridge across Paul Street was an improvement on the existing bridge and improved permeability into the Guildhall Shopping Centre, although there were also alternative routes into the Centre;

·         the proposals for an active street frontage with windows at ground floor level were positive;

·         improved sustainable drainage would be provided in spite of archaeological and contamination constraints;

·         the two types of accommodation were student flats and cluster flats. The former had their own kitchenette and bathroom and each cluster flat had a separate kitchen and amenity room to be shared by the residents, the number of bedrooms in each cluster varied between five and six. The rooms were for single occupancy;

·         no data available on the national average length of occupancy for Co-living schemes;

·         Co-living was new to Exeter, although this type had been built elsewhere, especially in London. It was geared to a particular section of the market, that is, individuals seeking such accommodation in preference to a house in multiple occupation,

·         the Section 106 legal agreement would include a management plan and required on-site staff to ensure that the building was well managed and that anti-social behaviour was not a problem. It would require the production of an annual report to monitor the management;

·         CP5 did not refer to co-living directly as it was a special form of housing aimed at young adults who would wish to live in a well-managed communal environment  who might otherwise live in Houses in Multiple Occupation;

·         as the hotel element had been removed there would be less overall number of jobs provided;

·         the development included specific rooms for the disabled;

·         the development was essentially car free with only minimal parking provision retained including two spaces for disabled use;

·         waste and re-cycling had been future proofed with the size of the waste binstores increased with the revised plans;

·         in respect of cycle way provision and highway safety at the junction with Queen Street, the plans would need to fit in with current highway arrangements. Thereafter, changes agreed with the Highway Authority to improve safety would require a Section 278 Agreement under the Highways Act 1980; and

·         it would be for the NHS Devon Clinical Commissioning Group to determine the split of the £98,048 financial contribution towards the three health facilities at Barnfield Hill Medical Practice, Southernhay Medical Practice and the St Leonards Medical Centre.

 

In respect of a question as to how safe access to the site by cars would be achieved and the nature of traffic arrangements for Iron Bridge and the Queen Street/Fore Street junction, the Transport Planning Manager responded that the changes had not been finalised but had been agreed in outline with the developer and would be brought forward under a Section 278 Agreement under the Highways Act 1990 for public works to highways and would also include future changes to Bartholomew Street and shared pedestrian/cycle usage. There would be a balanced benefit for both cyclists and pedestrians in addition to improved public realm.

 

Chris Dadds spoke in support of the application. He raised the following points:-

 

·         it was the second application for the site following a long period of consultation relating to the principles of re-development, the site constraints and the impacts of the proposals, the previous application having been approved;

·         the revised application included two blocks of co-living accommodation and excluded the hotel previously proposed. The two blocks were very similar in scale and location to those approved in 2020. The cluster rooms had been made slightly larger, and the amount of communal space increased;

·         the new co-living blocks would contribute to meeting housing needs in the city and to the Council’s vision for a Liveable Exeter. The proposals provided for high quality accommodation, within buildings managed 24/7, designed to Passivhaus Principles;

·         the majority of the car parking within the basement of the site had been removed, the only car parking now proposed was for local employers, along with two spaces for disabled drivers and two Electric vehicle spaces, which it was anticipated would be occupied by a car club. In addition there would be 280 cycle parking spaces, for residents and visitors;

·         had worked closely with officers and other stakeholders relating to the detail of the scheme, including discussions with the Police Liaison Officer, Fire Officer, the Highways Authority, Environmental Health, the refuse team and Historic England;

·         the development was more attractive than previously approved and provided more active frontages to the street and to the city wall and a safe environment for residents and neighbours; and

·         accepted that there would be impacts, both on the historic environment and on neighbours but these would be minimised through careful design of the buildings and their active management.

 

He responded as follows to Member’s queries:-

 

·         it was the expectation that both blocks would be managed and monitored by the same management company and that part of the remit was to prevent anti-social behaviour given the transient nature of the occupants;

·         there was a minimum of three months tenancy although there was a variety of experiences with co living models across the country with some tenancies shorter than three months. It was not possible to predict the nature of the market with completion of build some two years away;

·         the management plan would set out the terms and conditions of tenancy;

·         the remit of the management team was to encourage and develop community cohesion and could help residents run and organise events such as yoga, dining clubs etc;  

·         there would be 14 units catering for the disabled, representing 5% of the total units;

·         up to 80% of the market value was the maximum chargeable for the affordable units;

·         it was the intention to attract key workers and essential local workers which would be subject to negotiation with the Council in terms of the remaining 20%; and

·         there would be no physical contact between the blocks and the City Wall.

 

The proposal was considered to be a sustainable development when balancing the development plan policies, National Planning Policy Framework 2021 (NPPF) policies, including the presumption in favour of sustainable development in paragraph 11, National Planning Practice Guidance (NPPG), and the constraints and opportunities of the site. A Section 106 legal agreement and conditions were necessary to secure affordable housing, infrastructure contributions and other aspects of the development to make it acceptable in planning terms. The proposed development was considered to be acceptable, bringing heritage benefits and the public benefits. The layout and design of the scheme were very similar to the previously approved application for a co-living block and hotel on the site. However, the scheme was considered to be an improvement over the consented scheme in terms of the quality of the architecture, increased active frontage along Paul Street and sustainability through removal of the public car parking spaces on the site.

 

Members expressed the following views:-

 

·         it would be for the NHS Devon Clinical Commissioning Group to determine the split of the £98,048 financial contribution towards the three health facilities at Barnfield Hill Medical Practice, Southernhay Medical Practice and the St Leonards Medical Centre;

·         the city centre is an ideal location for co-living units with access to many local amenities for the likely cohort of occupiers;

·         helps meet the city’s housing supply need and will contribute to reducing the 3,200 on the  housing waiting list. It is a significant contribution to the housing need in Exeter;

·         it will be a re-development of a brown field site;

·         those who did secure units could bid for larger accommodation at a later date;

·         smaller units have value in that the carbon footprint is significantly less than larger homes;

·         the application brings significant contributions as part of the Section 106 Agreement including £175,000 towards public open space, £25,000 to repair and maintain the City Wall, and £45,000 to maintain and upgrade off-site play areas;

·         improved landscaping for the area which enhances linkage to the RAMM and the Phoenix;

·         there will be a market for this type of accommodation;

·         welcome a car free development;

·         concern that Policy CP5 does not refer to co-living, that there is no Build to Rent policy and rental levels are unknown;

·         St David’s has a high level of Purpose Built Student accommodation already and many in the ward are transient. This development does not therefore help achieve a balanced mix of accommodation within the area;

·         concerns if pregnancy results in eviction and also the impact on the neighbourhood of potential anti-social behaviour; and

·         great need for accommodation for key workers such as NHS staff, bus drivers etc. and, potentially, teachers.

 

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.

 

RESOLVED that, subject to the completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the following:-

 

·         Co-living Management Plan/Monitoring;

·         20% of the dwellings (55 studios and 21 cluster bedrooms) will be affordable private rented with first priority to essential local workers

·         £252,546 habitats mitigation;

·         £25,000 towards management, maintenance, repair and promotion of City Wall;

·         £175,000 for maintenance/upgrade of off-site public open spaces;

·         £45,000 for maintenance/upgrade of off-site play areas;

·         £98,048 to improve facilities at either Barnfield Hill Medical Practice, Southernhay Medical Practice or St Leonards Medical Centre;

·         £10,000 towards traffic regulation orders in the area;

·         details of VMS/signage to manage the use of the Guildhall car park

·         details of the type of materials used on the highway (section 44 of the Highways Act 1980);

·         a Management Plan to ensure no parking is associated with the development and to ensure the operational facilities of the loading bays (in conjunction with the Guildhall);

·         rights of access for all users for the new footbridge over the highway; and

·         public access to the open space on the site and to the City Wall.

 

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 development of two Co-Living (Sui Generis) accommodation blocks, following demolition of existing shopping centre and pedestrian bridge, change of use of upper floors of 21-22 Queen Street to Co-Living (Sui Generis), and all associated works including parking, landscaping, amenity areas, public realm improvements, new pedestrian bridge and provision of heritage interpretation kiosk. (Revised), subject also to the following conditions:-

 

1.         Standard Time Limit – Full Planning Permission

 

The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

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

 

2.         Approved Plans

 

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

 

Received 12 July 2021

 

·         B1 Paul Street Elevation (19720-0330 P-00)

·         B1 Elevation Courtyard 1 (19720-0331 P-00)

·         B1 Elevation Courtyard 2 (19720-0332 P-00)

·         B1 Elevation Queen Street 1 (19720-0333 P-00)

·         B1 – Northernhay Elevation (19720-0334 P-00)

·         B1 Landscape Gardens 1 (19720-0335 P-00)

·         B1 Elevation Landscape Gardens 2 (19720-0336 P-00)

·         B1 Elevation Landscaped Gardens 3 (19720-0337 P-00)

·         B1 Sections 1 of 3 (19720-0350 P-00)

·         B1 Sections 2 of 3 (19720-0351 P-00)

·         B1 Sections 3 of 3 (19720-0352 P-00)

·         GA – Ground Floor Plan (19720-2003 P-00)

·         GA – Mezzanine Floor Plan (19720-2004 P-00)

·         GA – First Floor Plan (19720-2005 P-00)

·         GA – Second Floor Plan (19720-2006 P-00)

·         GA – Third Floor Plan (19720-2007 P-00)

·         GA – Fourth Floor Plan (19720-2008 P-00)

·         GA – Fifth Floor Plan (19720-2009 P-00)

·         GA – Roof Plan (19720-2010 P-00)

·         B2 Elevation Landscaped Gardens (19720-0342 P-00)

·         GA Ground Floor Plan (19720-2103 P-00)

·         GA First Floor Plan (19720-2104 P-00)

·         GA Second Floor Plan (19720-2105 P-00)

·         GA Third Floor Plan (19720-2106 P-00)

·         GA Fourth Floor Plan (19720-2107 P-00)

·         GA Roof Plan (19720-2108 P-00)

·         Stumpery Detail (19720-6001 P-00)

·         Landscape Details 2 of 2 (19720-6003 P-00)

·         Insect Hotel Detail (19720-6004 P-00)

·         Footbridge Sections (19720-6020 P-00)

·         Interpretation Centre (19720-6030 P-00)

·         Proposed Highway Layout Plan (Paul Street) (0779 PHL-101 J)

·         Queen Street/Paul Street General Arrangements (0779 GA-101 D)

·         North Street/Paul Street General Arrangements (0779 GA-102 E)

 

Received 3 September 2021

 

·         Rooftop Softworks Plan (19720-0012 P-01)

·         B2 Paul Street Elevation – Block 2 (19720-0340 P-01)

·         B2 Northernhay Elevation (19720-0341 P-01)

·         B2 Iron Bridge 2 (19720-0343 P-01)

·         B2 Iron Bridge Elevation (19720-0344 P-01)

·         B2 Northernhay Elevation 2 (19720-0345 P-00)

·         Proposed Site Sections (19720-0353 P-01)

·         B2 Sections 1 of 2 (19720-0354 P-01)

·         B2 Sections 2 of 2 (19720-0355 P-01)

·         Streetscenes – Proposed NW & SE Elevations Proposed NW and SE Elevations (19720-0390 P-01)

·         Street Scenes – Proposed NE & SW Elevations (19720-0391 P-01)

·         GA – Lower Ground Floor Plan (19720-2002 P-01)

·         GA Roof Plan (19720-2108 P-01)

·         Landscape Details 1 of 2 (19720-6002 P-01)

·         Indicative 3D views (19720-6040 1)

·         Electrical Services External Lighting Strategy Ground Floor (EHQ-HYD-XX-00-DR-ME-00010 P08)

 

Received 15 October 2021

 

·         GA Lower Ground Floor Plan (19720-2102 P-04)

 

Received 27 October 2021

 

·         Softworks Landscape Plan (19720 0011 P-03)

 

Received 10 November 2021

 

·         Hardworks Landscape Plan (19720 0010 P-04)

Reason: To ensure the development is constructed in accordance with the approved plans, unless modified by the other conditions of this permission.

 

Pre-commencement Details

 

3.         Programme of Archaeological Work

 

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. This information is required before development commences to ensure that historic remains are not damaged during the construction process.

 

4.         Contaminated Land

 

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: 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.         Surface Water Drainage

 

No development hereby permitted shall commence until the following information has been submitted to and approved in writing by the Local Planning Authority:

 

a)    Detailed proposals for the management of surface water and silt run-off from the site during the demolition and construction phases of the development.

 

No development hereby permitted, except demolition works, shall commence until the following information has been submitted to and approved in writing by the Local Planning Authority:

 

b)    A detailed drainage design based upon the submitted Drainage Strategy (Ref. CB1780-Rep01-M; Rev. M; dated 2nd September 2021);

c)    Proposals for the adoption and maintenance of the permanent surface water drainage system; and

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

 

The details under a) shall be implemented as approved throughout the demolition and construction phases. No building hereby permitted shall be occupied until the approved details under b) have been implemented, which shall be maintained thereafter in accordance with the approved details under c) and d).

Reason:  To ensure that surface water drainage is managed sustainably in accordance with Policy CP12 of the Core Strategy and paragraph 169 of the NPPF (2021). These details are required pre-commencement as specified to ensure that appropriate surface water drainage management systems are in place during the demolition/construction phases and after the development has been completed, and that these systems will be properly maintained to prevent adverse risk to the environment.

 

6.         Foundation Details, Landscaping Formation Levels and Service Trench Routes

 

No development shall take place within the application site until the following details have been submitted to and approved in writing by the Local Planning Authority:

 

·         the means of construction of the foundations of the buildings;

·         landscaping formation levels; and

·         service trench routes (including foul drainage).

 

The details shall be implemented as approved.

Reason: To ensure that disturbance to important archaeological remains is minimised in accordance with saved Policy C5 of the Exeter Local Plan First Review, and that there will be no impact to controlled waters in accordance with saved Policy EN3 of the Exeter Local Plan First Review. These details are required pre-commencement as specified to ensure that no works commence that may impact archaeological remains and controlled waters.

 

7.         Construction and Environmental Management Plan (CEMP)

 

No development (including ground works) or vegetation clearance works shall take place until a Construction and Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority. The document shall provide for:

 

a)    Demolition and construction programme including integration of archaeological tasks from Condition 3.

b)    Protection and monitoring arrangements and measures for the City Wall adjoining the site during the demolition and construction phases taking into account the recommendations of the submitted reports regarding the City Wall (as referred to in the Heritage Officer’s comments dated 20th August 2020 and 6th October 2020 under application ref. 19/1556/FUL).

c)    The site access point(s) of all vehicles to the site during the demolition and construction phases.

d)    The parking of vehicles of site operatives and visitors during the demolition and construction phases.

e)    The areas for loading and unloading plant and materials during the demolition and construction phases.

f)     Storage areas of plant and materials during the demolition and construction phases.

g)    The erection and maintenance of securing hoarding.

h)    Wheel washing facilities.

i)     Strategy to measure and control the emission of dust and dirt during the demolition and construction phases (including boundary dust monitoring).

j)     No burning on site during the demolition and construction phases, or site preparation works.

k)    Strategy to measure and minimise noise/vibration nuisance to neighbours from plant and machinery during the demolition and construction phases.

l)     Demolition/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.

m)  No driven piling without prior consent of the Local Planning Authority.

n)    Details and timing of any lighting.

 

The approved document shall be strictly adhered to throughout the demolition and construction phases of the development.

Reason: To ensure that the demolition and construction works are carried out in an appropriate manner to preserve and protect heritage assets, in the interests of the safety and convenience of highway users, and to minimise the impact on the amenity of the properties in the neighbourhood. These details are required pre-commencement as specified to ensure that a plan is in place to ensure that the development works are carried out in an appropriate manner.

 

8.         Waste Audit Statement

 

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.

 

9.         Tree Protection / Tree Protection Plans

 

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 (or any superseding British Standard). Unless otherwise agreed in writing with the Local Planning Authority, 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 areas, nor shall trenches for service runs or any other excavations take place within the fenced areas except by written permission of the Local Planning Authority. Where such permission is granted, soil shall be removed manually, without powered equipment.

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.

 

10.       Wildlife Licence

 

Demolition works, or any other works which cause disturbance to bats, shall not in any circumstances commence unless the Local Planning Authority has been provided with either:

 

a)    a licence issued by Natural England pursuant to Regulation 55 of The Conservation of Habitats and Species Regulations 2017 authorising the specified activity/development to go ahead; or

b)    a statement in writing from Natural England to the effect that it does not consider that the specified activity/development will require a licence.

Reason: To ensure that Natural England as the licencing body is satisfied that the works can proceed without causing harm or disturbance to bats. This evidence is required before development begins to ensure that the works are not carried out without a wildlife licence being obtained.

 

Pre-tree and Vegetation Clearance Works

 

11.       Bird Nesting Season

 

No tree works or felling, or other vegetation clearance works shall be carried out on the site during the bird nesting season from March to September, inclusive. If this period cannot be avoided, these works shall not be carried out unless they are overseen by a suitably qualified ecologist and the reasons why have previously been submitted to and approved in writing by the Local Planning Authority, including the date of the intended works and the name and contact details of the ecologist. If nesting birds are found or suspected during the works, the works shall cease until the ecologist is satisfied that the nest sites have become inactive.

Reason: To protect nesting birds in accordance with saved Policy LS4 of the Exeter Local Plan First Review and paragraph 180 of the NPPF (2021).

 

During Demolition and Construction Phases

 

12.       Unsuspected Contamination

 

If during development contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for an amended investigation and risk assessment and, where necessary, a remediation strategy and verification plan detailing how this unsuspected contamination shall be dealt with.

 

Following completion of measures identified in the approved remediation strategy and verification plan and prior to occupation of any part of the permitted development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved in writing by the Local Planning Authority.

Reason: No site investigation can completely characterise a site. This condition is required to ensure that any unexpected contamination that is uncovered during remediation or other site works is dealt with appropriately for the protection of future occupiers and of controlled waters.

 

Pre-Specific Works

 

13.       Energy Performance (Policy CP15)

 

Before commencement of construction of the superstructure of each co-living block hereby permitted, the applicant shall submit a SAP calculation which demonstrates that a 19% reduction in CO2 emissions over that necessary to meet the requirements of the 2013 Building Regulations can be achieved. The measures necessary to achieve this CO2 saving shall thereafter be implemented and within 3 months of practical completion of each building the developer will submit a report to the Local Planning Authority from a suitably qualified consultant to demonstrate compliance with this condition.

Reason: In the interests of sustainable development and to ensure that the development accords with Policy CP15 of the Core Strategy. These details are required pre-commencement as specified to ensure that the requirements of Policy CP15 are met and the measures are included in the construction of the buildings.

 

14.       Materials

 

Prior to the construction of the Co-Living accommodation blocks (not including the foundations), samples and/or product specification sheets, including confirmation of colour, of the external facing materials and roof materials shall be submitted to and approved in writing by the Local Planning Authority. The buildings shall be constructed in accordance with the approved materials.

Reason: In the interests of good design and the character and appearance of the Conservation Area, in accordance with Policy CP17 of the Core Strategy, saved Policies C1 and DG1 of the Exeter Local Plan First Review, and paragraphs 130 and 135 of the NPPF (2021).

 

15.       Green Roofs – Details/Maintenance

 

Prior to the construction of the Co-Living accommodation blocks (not including the foundations), the detailed design of the green roof systems together with a scheme for their management and maintenance shall be submitted to and approved in writing by the Local Planning Authority. The green roof systems shall be constructed, managed and maintained as approved.

Reason: In the interests of good design and biodiversity, in accordance with Policies CP16 and CP17 of the Core Strategy, saved Policy DG1 of the Exeter Local Plan First Review, and paragraphs 130, 135 and 180 of the NPPF (2021).

 

16.       Green Wall – Details/Maintenance

 

Prior to the construction of Block 2 (not including the foundations), the detailed design of the green wall system together with a scheme for its management and maintenance shall be submitted to and approved in writing by the Local Planning Authority. The green wall system shall be constructed, managed and maintained as approved.

Reason: In the interests of good design, the character and appearance of the Conservation Area and biodiversity, in accordance with Policies CP16 and CP17 of the Core Strategy, saved Policies C1 and DG1 of the Exeter Local Plan First Review, and paragraphs 130, 135 and 180 of the NPPF (2021).

 

17.       Nesting and Roosting Boxes

 

Prior to the construction of the Co-Living accommodation blocks (not including the foundations), details of the provision for nesting birds and roosting bats in the built fabric of the buildings shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented as part of the development and retained thereafter.

Reason: To enhance biodiversity on the site in accordance with paragraph 9.28 and Appendix 2 of the Residential Design Guide SPD, and paragraph 180 of the NPPF (2021). Also to provide mitigation for the impact on bats in accordance with paragraph 4.4 of the submitted Ecological Assessment Addendum Report.

 

18.       Obscured Glazing

 

Prior to the construction of the Co-Living accommodation blocks (not including the foundations), details of the obscured glazing indicated on the approved elevations shall be submitted to and approved in writing by the Local Planning Authority, which shall include the level of obscurity of the glazing. In addition, details of low level obscured glazing on the four windows nearest to Northernhay Street not indicated as obscured on drawing number 19720-0344 P-01 (‘B2 Iron Bridge Elevation’) shall be submitted to and approved in writing by the Local Planning Authority. The approved details under this condition shall be implemented as approved and maintained at all times thereafter.

Reason: To protect the privacy of neighbouring properties in accordance with saved Policy DG4 of the Exeter Local Plan First Review.

 

19.        Bridge

 

The new footbridge over Paul Street shall not be constructed until an Approval in Principle for the design of the bridge has been agreed by the Local Highway Authority. The footbridge shall be constructed as approved.

Reason: To ensure the safe construction of the footbridge and the integrity of adjacent structures and land.

 

20.       Arboricultural Method Statement

 

The submitted Arboricultural Method Statement for the construction of a path through the root protection areas of the trees to be retained within the pocket park shall be implemented in full. Prior to the commencement of these works, the Council’s Tree Manager shall be notified of the date of the intended works.

Reason: To protect the trees in Tree Group 2 in the interests of the amenities of the area.

 

Pre-occupation

 

21.       Detailed Landscaping Scheme

 

Prior to the occupation of the development hereby permitted, a Detailed Landscaping Scheme for the site shall be submitted to and approved in writing by the Local Planning Authority. The Scheme shall include details of hard and soft landscaping, including street furniture and all boundary treatments (including the design and security rating of the gates indicated on drawing number 19720 0010 P-04). Where applicable, it shall specify tree and plant species and methods of planting. The hard landscaping shall be constructed as approved prior to the occupation of the development. The soft landscaping shall be planted in the first planting season following the occupation of the development or completion of the development, whichever is the sooner, or in earlier planting seasons wherever practicable, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: In the interests of good design in accordance with Policy CP17 of the Core Strategy, saved Policy DG1 of the Exeter Local Plan First Review and paragraphs 130 and 135 of the NPPF (2021).

 

22.       Landscape and Ecology Management plan (LEMP)

 

Prior to the occupation of the development hereby permitted, a Landscape and Ecological Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. The content of the LEMP shall be prepared in accordance with the specifications in clause 11.1 of BS 42020:2013 (or any superseding British Standard) and shall include the following:

 

a)    Description and evaluation of features to be managed.

b)    Ecological trends and constraints on site that might influence management.

c)    Aims and objectives of management.

d)    Appropriate management options for achieving aims and objectives.

e)    Prescriptions for management actions.

f)     Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five year period).

g)    Details of the body or organisation responsible for implementation of the plan.

h)    On-going monitoring and remedial measures for biodiversity features included in the LEMP.

 

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(s) responsible for its delivery.

 

The landscape on the site shall be managed in accordance with the approved LEMP.

Reason: In the interests of biodiversity and good design in accordance with Policies CP16 and CP17 of the Core Strategy, saved Policies LS4 and DG1 of the Local Plan First Review and paragraphs 130 and 180 of the NPPF (2021).

 

23.       CCTV

 

Prior to the occupation of the development hereby permitted, a strategy for the distribution and management of CCTV on the site shall be submitted to and approved in writing by the Local Planning Authority. This shall include the location and design of CCTV cameras, which should be integrated in an unobtrusive manner. The strategy shall be implemented as approved prior to occupation and maintained thereafter.

Reason: In order to help prevent/detect crime, disorder and anti-social behaviour in accordance with the advice of the Police Designing Out Crime Officer and saved Policy DG7 of the Exeter Local Plan First Review.

 

24.       Under-croft Parking Area

 

Prior to the occupation of the development hereby permitted, Secured by Design measures for the under-croft parking area beneath Block 2 shall be submitted to and approved in writing by the Local Planning Authority. The measures shall address the issues raised by the Police Designing Out Crime Officer in their comments on the application. The measures shall be implemented as approved prior to the occupation of the development and maintained thereafter.

Reason: In the interests of crime prevention in accordance with saved Policy DG7 of the Exeter Local Plan First Review.

 

25.       External Lighting Scheme

 

Prior to the occupation of the development hereby permitted, an External Lighting Scheme for the site shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of the location, type, illuminance and light spill of the external lighting on the site. The scheme shall be implemented and maintained as approved.

Reason: In the interests of good design (including public safety) and the character and amenity of the area, in accordance with Policy CP17 of the Core Strategy, saved Policies DG1, DG4 and DG7 of the Exeter Local Plan First Review, and paragraphs 130 and 135 of the NPPF (2021). Also to minimise disturbance to bats in accordance with paragraph 4.6 of the submitted Ecological Assessment Addendum Report.

 

26.       Lighting Impact Assessment

 

Prior to the occupation of the development hereby permitted, a Lighting Impact Assessment shall be submitted to and approved in writing by the Local Planning Authority. The Lighting Impact Assessment shall assess the impact of internal and external light spill on neighbouring properties (taking into account the details submitted under conditions 24 and 25). The recommendations of the approved Lighting Impact Assessment to minimise harm to the neighbouring properties, including any timing controls, shall be implemented in full.

Reason: In the interests of the amenity of neighbouring properties, in accordance with saved Policy DG4 of the Exeter Local Plan First Review.

 

27.       Detailed Design and Management of the Interpretation Centre

 

Prior to the occupation of the development hereby permitted, the detailed design and management of the Interpretation Centre shall be submitted to and approved in writing by the Local Planning Authority. The details shall include details of the proposed site interpretation panels. The Interpretation Centre shall be constructed and managed as approved.

Reason: In the interests of good design and the character and appearance of the Conservation Area, in accordance with Policy CP17 of the Core Strategy, saved Policies C1 and DG1 of the Exeter Local Plan First Review, and paragraphs 130 and 135 of the NPPF (2021).

 

28.       Paul Street Highway Works

 

No part of the development shall be occupied until the proposed highway works on Paul Street (loading bays, vehicular access points and improved pedestrian/cycleway facilities), as indicated on drawing number PHL-101 Rev J (‘Proposed Highway Layout Plan (Paul Street)’), have been provided in accordance with details that shall previously have been submitted to and approved in writing by the Local Planning Authority, in consultation with the Local Highway Authority.

Reason: To provide safe and suitable access for vehicles, pedestrians and cyclists, in accordance with paragraphs 110 and 112 of the NPPF (2021).

 

29.       Queen Street/Paul Street Highway Works

 

No part of the development shall be occupied until the proposed highway works on Queen Street/Paul Street, as indicated on drawing number GA-101 Rev D (‘Queen Street/Paul Street General Arrangements’), have been provided in accordance with details that shall previously have been submitted to and approved in writing by the Local Planning Authority, in consultation with the Local Highway Authority.

Reason: To provide safe and suitable access for vehicles, pedestrians and cyclists, in accordance with paragraphs 110 and 112 of the NPPF (2021).

 

30.       North Street/Paul Street Highway Works

 

No part of the development shall be occupied until the proposed highway works on North Street/Paul Street, as indicated on drawing number GA-102 Rev E (‘North Street/Paul Street General Arrangements’), have been provided in accordance with details that shall previously have been submitted to and approved in writing by the Local Planning Authority, in consultation with the Local Highway Authority.

Reason: To provide safe and suitable access for vehicles, pedestrians and cyclists, in accordance with paragraphs 110 and 112 of the NPPF (2021).

 

31.       Pedestrian Routes

 

No part of the development shall be occupied until the pedestrian routes through the site linking Paul Street to Northernhay Street via Maddocks Row have been provided in accordance with details that shall previously have been submitted to and approved in writing by the Local Planning Authority, in consultation with the Local Highway Authority.

Reason: To provide safe and suitable access for pedestrians, in accordance with paragraphs 110 and 112 of the NPPF (2021).

 

32.       Electric Hire Bikes

 

No part of the development shall be occupied until a facility for the hire of electric bicycles has been provided on the site in accordance with details previously submitted to and approved in writing by the Local Planning Authority, in consultation with the Local Highway Authority. The facility shall be maintained at all time thereafter unless otherwise agreed in writing with the Local Planning Authority.

Reason: In the interests of encouraging sustainable travel.

 

33.       Cycle Parking

 

The Co-Living accommodation blocks shall not be occupied until secure cycle parking for the residents of the buildings has been provided in accordance with details previously submitted to and approved in writing by the Local Planning Authority. The secure cycle parking shall be maintained at all times thereafter.

Reason: To encourage sustainable travel in accordance with saved Policy T3 of the Exeter Local Plan First Review and the Sustainable Transport SPD.

 

34.       Cycle Parking – Public Realm

 

Unless otherwise agreed in writing with the Local Planning Authority, the development shall not be occupied until the cycle parking shown on the approved drawings within the public realm for use by the general public has been provided in accordance with details previously submitted to and approved in writing by the Local Planning Authority. This general cycle parking shall be maintained at all times thereafter.

Reason: To encourage sustainable travel in accordance with saved Policy T3 of the Exeter Local Plan First Review and the Sustainable Transport SPD.

 

35.       Electric Vehicle Charging Points

 

No part of the development shall be occupied until the two electric vehicle charging bays beneath Block 2 have been provided in accordance with details of the charging points previously submitted to and approved in writing by the Local Planning Authority. The electric vehicle charging bays/points shall be maintained at all times thereafter.

Reason: To ensure that this aspect of the application is delivered and in the interests of encouraging sustainable travel in accordance with the Sustainable Transport SPD and paragraph 112 of the NPPF (2021).

 

36.       Car Club

 

Unless otherwise agreed in writing with the Local Planning Authority, the two electric vehicle charging bays beneath Block 2 shall be used exclusively to provide a car club facility on the site utilising electric vehicles only. The development shall not be occupied until this facility has been provided and it shall be maintained at all times thereafter, unless otherwise agreed in writing with the Local Planning Authority.

Reason: To discourage the use of private cars in the interests of sustainable travel in accordance with the Sustainable Transport SPD and chapter 9 of the NPPF (2021).

 

37.       Travel Pack

 

Prior to the occupation of the development hereby permitted, a travel pack shall be provided informing all residents and staff of the car free status of the development, and the walking and cycling routes and facilities, public transport facilities including bus stops, rail stations and timetables, car clubs and electric bike hire facilities available, the form and content of which will have previously been submitted to and approved in writing by the Local Planning Authority, in consultation with the Local Highway Authority.

Reason: To ensure that all residents and staff of the development are aware of its car free status and the available sustainable travel options.

 

Post Occupancy

 

38.       Waste and Recycling Bins

 

No waste or recycling bins or containers shall be stored outside the integral bin stores of the buildings hereby approved except upon the day(s) of collection.

Reason: In the interests of the amenity of the neighbourhood.

 

39.       Communal Spaces

 

The communal and local amenity rooms within the Co-Living accommodation blocks, as shown on the approved floor plans, and the private outdoor amenity areas shall be used for communal use purposes only and shall not be sub-divided in any way to create additional private bedrooms/spaces.

Reason: To ensure sufficient communal space is available for the residents of the Co-Living accommodation blocks in the interests of residential amenity.

 

40.       Plant Noise

 

The total noise from mechanical building services plant on the site shall not exceed the noise levels shown in the table of paragraph 9.3.8 of the submitted Acoustic Design Statement (Clarke Saunders Acoustics, 2 July 2021) (Report Ref. AS10946.1901009.R3.1.docx).

Reason: To protect the amenity of sensitive receptors in the vicinity of the site.

 

41.       Access Control Measures

 

Access control measures shall be implemented for all access points to the buildings to prevent access by non-residents or staff.

Reason: In the interests of crime prevention in accordance with saved Policy DG7 of the Exeter Local Plan First Review, taking into account the recommendations of the Police Designing Out Crime Officer.

 

and further RESOLVED that:-

 

the City Development Lead or Deputies be authorised to REFUSE planning permission for the reasons set out below if the legal agreement under Section 106 Agreement under the Town and Country Planning Act 1990 (as amended) is not completed by 15 May 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 –

           

·         Co-living Management Plan/Monitoring;

·         20% of the dwellings (55 studios and 21 cluster bedrooms) will be affordable private rented with first priority to essential local workers

·         £252,546 habitats mitigation;

·         £25,000 towards management, maintenance, repair and promotion of City Wall;

·         £175,000 for maintenance/upgrade of off-site public open spaces;

·         £45,000 for maintenance/upgrade of off-site play areas;

·         £98,048 to improve facilities at either Barnfield Hill Medical Practice Southernhay Medical Practice or St Leonards Medical Centre;

·         £10,000 towards traffic regulation orders in the area;

·         details of VMS/signage to manage the use of the Guildhall car park;

·         details of the type of materials used on the highway (section 44 of the Highways Act 1980);

·         a Management Plan to ensure no parking is associated with the development and to ensure the operational facilities of the loading bays (in conjunction with the Guildhall)

·         rights of access for all users for the new footbridge over the highway

·         public access to the open space on the site and to the City Wall

 

the proposal is contrary to Exeter Local Development Framework Core Strategy 2012 Objectives 1, 3, 5, 6, 8 and 10, and policies CP4, CP7, CP9, CP10, CP16, CP17 and CP18, Exeter Local Plan First Review 1995-2011 saved policies TM5, L4, T1, C5, LS2, LS3 and DG1, Exeter City Council Affordable Housing Supplementary Planning Document 2014, Exeter City Council Sustainable Transport Supplementary Planning Document 2013 and Exeter City Council Public Open Space Supplementary Planning Document 2005.

 

 

The meeting adjourned at 6:50pm and re-convened at 7:07pm.

 

 

Supporting documents: