To consider the report of the Liveable Exeter Programme Director and City Development Strategic Lead.
Councillor Morse declared a disclosable pecuniary interest and left the meeting during consideration of this item.
The Chair was taken by the Deputy Chair, Councillor Williams.
The Principal Project Manager (Development) (HS) presented the application for the demolition of existing sport facility and rifle range and re-development of the site to provide 42 new dwellings, associated car parking, amenity space and access.
The Principal Project Manager (Development) advised that the application had received planning permission on 14 December 2020 subject to conditions and the completion of a Section 106 Legal Agreement to ensure contributions for affordable housing, open space enhancements, secondary education, highways works and sustainable transport measures. The applicant had subsequently presented a Viability Assessment to demonstrate the proposals for residential development were not viable taking into account an alternative use on the site as purpose built student accommodation. An independent assessment had concluded that -“If the Authority is minded that sufficient evidence is provided to allow Purpose Built Student Accommodation to create an Alternate Use Value for the land, then it is our opinion that this would make the development unable to contribute to an on-site affordable housing contribution.”;
The Principal Project Manager reiterated the main elements reported at the 14 December 2020 meeting and went on to explain the background to this change and the rationale for proposing to amend the resolution of the December 2020 meeting to omit the reference to affordable housing in the list of matters to be secured by the Section 106 Legal Agreement:-
The Principal Project Manager restated the four tests that were relevant to concluding whether the Alternative Use Value was appropriate as suggested in national guidance on viability in plan making and decision taking and that these were considered to be met in respect of purpose built student accommodation. It was confirmed that evidence of the costs and values of the alternative use to justify the land value had been submitted and agreed. As such the Alternative Use Value was considered to be an appropriate basis to assess viability of the proposed development and that the proposed development was unable to contribute to on-site affordable housing. With the exception of the affordable housing offer the application was in all other respects identical to that considered by Committee on 14 December 2020. There had been no material changes to the site or surroundings since that time.
The Principal Project Manager referred to the following material changes in circumstances that had taken place since December 2020:-
· confirmation of the Tree Preservation Order in May 2021. The Tree Preservation Order had been made in December 2020 and was a material consideration in determining the application at that time; confirmation of the Order did not alter the weight that had been attached to it in decision making;
· updates to the National Planning Policy Framework July 2021. These reinforce the need for design quality and would not affect the recommendation; and
· the Council’s revised Five Year Housing Land Supply position in September 2021. Weight was given to the lack of five year housing land supply in December, however the recommendation did not turn on that matter and hence this being revised upwards does not change the officer’s recommendation.
The Principal Project Manager concluded by highlighting the following key elements:
· the site is a brownfield site within the urban area in a sustainable location close to a range of services;
· the proposal is acceptable in its design and general visual impact, including its impact on the Conservation Area and the Locally Listed Building;
· the proposal is not considered to be of any significant harm to residential amenity of nearby residential properties;
· the scheme will not provide affordable housing for viability reasons;
· the proposals, through replacement planting on-site and contributions to the improvement of off-site green spaces are considered to adequately compensate for the loss of trees on site;
· the development would help the Council maintain a five year housing land supply;
· concerns raised by local residents in respect of access matters can be suitably addressed through planning condition;
· Paragraph 11 of the National Planning Policy Framework (NPPF) sets out that permission should be granted for sustainable development unless specific policies in the NPPF indicate otherwise; and
· there are no material considerations which it was considered outweigh the above and would warrant refusal of this application.
The Principal Project Manager responded as follows to Members’ queries: -
· the development has one parking space per house and three for the eleven flats and so is not a car free development, but is a low car development, the provision being below the adopted standard;
· as it was a sustainable site affordable to the applicant and was policy complaint in line with the valuation of the land as a market valuation, the future of the site was dependent on what the current owner wished to develop in accordance with the planning legislation which contains an opportunity to use alternative land value;
· the value of the land is dictated by policy compliant alternative uses and the viability assessment had not been restricted to earlier land use considerations; and
· there are four tests suggested in guidance which would need to be satisfied in terms of alternative land use value approach, this it is not by itself creating precedent as such as there is the opportunity to rely on alternative use value set out in the viability appraisal guidance.
Emma Osmundsen spoke in support of the application. She raised the following points:-
· Exeter City Living (ECL) is committed to delivering affordable homes on the Clifton Hill development, intentions unchanged since last year’s application;
· will develop 11 apartments which will be sold to Exeter City Council as part of their council housing portfolio and held within the Housing Revenue Account;
· the financial capacity to deliver the affordable homes as a Section 106 requirement had changed which had necessitated the need to submit a liability case;
· the cumulative Section 106 Agreement requirements had added costs to the development over and above expectations, including contributions to open space, traffic orders and education which when combined with CIL obligations totalled £870,000. This was in addition to the increase in development costs over and above ‘normal development’ with the inclusion of a public accessible ‘green street’ for enhanced bio-diversity, the adoption of low carbon construction, ground source heat pumps and passivhaus certification;
· the site was a brownfield and contaminated and subject to abnormals not encountered on greenfield sites. All of these factors combined, along with substantial price hikes for construction materials and labour had meant that the development is no longer viable if the affordable housing was to be delivered as a Section106 requirement;
· whilst wavering a Section 106 obligation for affordable housing was not comfortable for the Council, ECL had been meticulous in their viability evidence to support the grounds for a departure from policy in this case;
· as the City Council’s wholly owned development company, the development had been designed in line with the City Council’s strategic vision for the future, and the objectives in its Liveable Exeter, Net Zero Exeter 2030 Plan and Building Back Better publications;
· no other open market development proposals in the City offered such a high level of Place making or fabric-first low carbon approach and was therefore reasonable grounds for a departure from policy in this case;
· the conclusions of the consultant, Burrows-Hutchinson Ltd drawn from their Financial Viability Assessments, indicate that with no Section 106 obligation, there was a strong chance of Homes England support for the 11 new homes. This would enable ECL not only to deliver 11 apartments as affordable homes; but to further achieve an acceptable financial return for ECL, which benefits the City as a whole.
Responding to a query on whether the bid to Homes England was likely to succeed and whether there could be a formal agreement between the Council and ECL if it did not succeed, Emma Osmundsun advised that, prior to the planning application, ECL had worked with HRA officers to secure the specification, design and the transfer value of the houses to the HRA. ECL wished to pursue the viability argument on grounds of increased costs and increased land value. To mitigate those costs by losing the Section 106 element, opened up the opportunity for approaching Homes England. It was a good opportunity and, although not guaranteed, there was nothing to suggest ECL would not get a grant.
Responding to a query if alternative third party funding could not be secured, Emma Osmundsun stated that it remained the intention to provide 11 affordable units without a Section 106 Agreement and that there was an active obligation to utilise part of the site for affordable housing to be held in the HRA.
Members expressed the following views:-
· the Council had made a previous decision to pursue a housing scheme on Clifton Hill;
· can an assurance be provided as part of the resolution of the commitment to provide social housing on this site? Officers advised that this would not be appropriate as the viability analysis had shown it not to be viable to require affordable
· accept no guarantee that Homes England will support the application but support ought to be forthcoming given the offer of quality, cheap to run, Passivhaus housing in a sustainable city centre location.
A Member, in welcoming the commitment to provide affordable housing, expressed concern that the removal of a requirement for such housing in the Section 106 Agreement could set a precedent and suggested that lifting of this element of the Section 106 should only be supported if a formal undertaking could be attached to ensure the Council would purchase affordable housing in order to guarantee their delivery. Officers advised that this would not be appropriate as the viability analysis had shown it not to be viable to require affordable housing through the planning agreement. The Councillor was therefore seeking clarification that there would be a formal undertaking attached to the development that the Council would purchase the homes if the bid to Homes England did not succeed.
The Leader referred to the commitment made by the ECL representative to build affordable/social housing and stated that the Council was in an unique situation as it could hold the developer to this commitment and which could not be the case with private developers elsewhere in the city. As such, the issue of viability would not be setting a precedent. Furthermore, in engaging ECL, as the Council’s own development company, higher environmental standards could be insisted on than would otherwise be the case with an alternative developer and that this approach was in line with the Council’s place shaping agenda.
The Leader gave an assurance that regardless of the outcome of the bid to Homes England it was the intention to provide affordable housing at Clifton Hill. The Chief Executive & Growth Director confirmed that this statement was one of political intent and that the planning merits of the application should be judged separately.
Members noted this assurance from the Leader.
The Leader suggested that approval be delegated to the Chief Executive & Growth Director in consultation with the Portfolio Holder for City Development.
The recommendation was for approval, subject to the completion of a Section 106 Agreement and the conditions as set out in the report.
Councillor Sutton moved and Councillor Hannaford seconded the recommendation with an amendment to delegate final approval to the Chief Executive & Growth Director in consultation with the Portfolio Holder for City Development. The motion, with amendment, was put to the vote and carried unanimously.
RESOLVED that, subject to the completion of a Section 106 Agreement under the Town and Country Planning Act 1990 (as amended) to secure the following:-
· Open space enhancement contributions totalling £70,000.
· Secondary education contribution of £135,232.
· Highways works, sustainable transport measures, including cycle hub station and car club space with charging infrastructure, and Traffic Orders.
all Section 106 contributions will be index linked from the date of resolution.
the Chief Executive & Growth Director in consultation with the Portfolio Holder for City Development be authorised to GRANT planning permission for the demolition of existing sport facility and rifle range and re-development of the site to provide 42 new dwellings, associated car parking, amenity space and access, subject also to the following conditions (and their reasons) which may be amended:-
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
Updated Revised General Arrangement Plan 190908 L 02 02 revision F received 4/12/2020
Updated Revised Boundary Treatment Plan 190908 L 02 03 revision E received 4/12/2020
Updated Revised Refuse Strategy 190908 L 02 04 revision D received 4/12/2020
Updated Revised Vehicular Parking Strategy 190908 L 02 05 revision D received 4/12/2020
Revised Floor Plans Block 01 Drg 100 rev A received 17/11/2020
Revised Sections Block 01 Drg 110 rev A received 17/11/2020
Revised Elevations Block 01 Drg 120 rev A received 17/11/2020
Revised Floor Plans Block 02 Drg 200 rev A received 17/11/2020
Revised Sections Block 02 Drg 210 rev A received 17/11/2020
Revised Elevations Block 02 Drg 220 rev A received 17/11/2020
Revised Floor Plans Block 03 Drg 300 rev A received 17/11/2020
Revised Sections Block 03 Drg 310 rev A received 17/11/2020
Revised Elevations Block 03 Drg 320 rev A received 17/11/2020
Revised Floor Plans Block 04 Drg 400 rev A received 17/11/2020
Revised Sections Block 04 Drg 410 rev A received 17/11/2020
Revised Elevations Block 04 Drg 420 rev A received 17/11/2020
Updated Revised Floor Plans Block 5-7 Drg 501 rev A Received 3/12/2020
Revised Floor Plans Block 5-7 Drg 502 rev A received 17/11/2020
Revised Sections and Visualisation Block 5-7 Drg 510 rev A received 17/11/2020
Revised Elevations Block 5-7 Drg 521 rev A received 17/11/2020
Revised Elevations Block 5-7 Drg 522 rev A received 17/11/2020
Revised Floor Plans Block 8 Drg 800 rev A received 17/11/2020
Revised Sections and Visualisation Block 8 Drg 810 rev A received 17/11/2020
Revised Elevations SW Block 08 Drg 821 rev A received 17/11/2020
Revised Elevations NE Block 08 Drg 822 rev A received 17/11/2020
Revised Floor Plans Block 09 Drg 900 rev A received 17/11/2020
Revised Sections Block 09 Drg 910 rev A received 17/11/2020
Revised Elevations Block 09 Drg 920 rev A received 17/11/2020
Boundary Test Sections Sk004 1-3 rev B received 17/11/2020
Boundary Test Sections Sk004 4-5 rev B received 17/11/2020
Boundary Test Sections Sk004 6-8 rev B received 17/11/2020
Boundary Test Sections Sk004 9-10 rev B received 17/11/2020
Revised Street Elevations 020 rev A received 17/11/2020
Revised Street Elevations 021 rev A received 17/11/2020
Updated Revised Softworks Schedule revision C received 4/12/2020
As modified by other conditions of this consent.
Reason: In order to ensure compliance with the approved drawings.
3) Pre commencement condition: No development related works (except for the demolition and removal of the existing Leisure Centre and Rifle Range buildings) 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 a programme of archaeological monitoring on-site, 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.
4) Prior to the commencement of any phase 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.
5) 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.
6) Details of the secure sheltered cycle parking (including the electric bicycle parking) for the development shall be submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied until such details have been agreed in writing by the Local Planning Authority, and prior to occupation of each dwelling the cycle parking for that dwelling shall have been be provided in accordance with the submitted details.
Reason: To provide adequate facilities for sustainable transport
7) A detailed remediation scheme to bring the site to a condition suitable for the intended use must be prepared, and is subject to the approval in writing of the LPA. The scheme must be based on the findings in South West Geotechnical Ltd's Geotechnical and Geo-Environmental Assessment (report no.: 12072 V3, date: October 2020) (including any additional data obtained after that report was submitted) and must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures.
The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation or to demolish existing buildings to ground floor level, unless otherwise agreed in writing by the LPA. Following completion of measures identified in the approved remediation scheme and prior to occupation of the development, a verification report must be produced that demonstrates the effectiveness of the remediation carried out and provides confirmation that no unacceptable risks remain, and is subject to the approval in writing of the LPA.
In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the LPA. An investigation and updated risk assessment must be undertaken, and where remediation is necessary an updated remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be produced and approved in writing by the LPA.
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.
8) Pre-commencement condition: No development (including demolition) shall take place until a Construction and Environment Management Plan (CEMP) for that phase of the development has been submitted to and approved in writing by, the Local Planning Authority. 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;
b. 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;
c. Dust suppression measures shall be employed as required during construction in order to prevent off-site dust nuisance.
The CEMP should contain a procedure for handling and investigating complaints as well as provision for regular meetings with appropriate representatives from the Local Authorities during the development works, in order to discuss forthcoming work and its environmental impact.
The CEMP should include details of access arrangements and timings and management of arrivals and departures of vehicles.
An approved CEMP shall be adhered to throughout the construction period.
Reason for pre-commencement condition: In the interests of the occupants of nearby buildings. 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.
9) The following additional details shall be submitted to and approved in writing by the Local Planning Authority and the approved details shall subsequently be implemented on site:
- Details of the boundary treatment on the boundary with the rear of properties on Portland Street.
- Details of the arrangement of substation, covered and secure cycle spaces, car parking spaces and landscaping details adjacent the retained Brick Office building.
- Details of works to the Brick Office building.
Reason: In the interests of controlling these details which are not submitted in detail as part of the application.
10) Before either of the access points onto Clifton Hill, as indicated on Drawing No. 190908 L 02 02 Rev D, are first brought into use that access shall have been be provided in accordance with details and specifications that shall previously have been submitted to, and agreed in writing by, the Local Planning Authority.
Reason: To ensure that a safe and suitable access to the site is provided for all users, in accordance with Paragraphs 108/110 of the NPPF and CP9 of the ECC Core Strategy.
11) No part of the development hereby approved shall be brought into its intended use until a club car parking and a club-bike docking station (together with electricity supply to both elements) as indicated on Drawing No. 190908 L 02 02 REV D, or such other location as may subsequently be agreed in writing, has been provided in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority.
Reason: To provide adequate facilities for sustainable transport and ECC Core Strategy CP9.
12) Prior to occupation of the development hereby permitted, a travel pack/car park management plan shall be provided informing all residents of walking and cycling routes and facilities, public transport facilities including bus stops, rail stations and timetables, car sharing schemes and car clubs, as appropriate, the form and content of which shall have previously been approved in writing by the Local Planning Authority.
Reason: To ensure that all occupants of the development are aware of the available sustainable travel options, in accordance with Paragraph 111 of the NPPF.
13) Any gates that provide access to rear gardens must be capable of being locked from both sides. All external doors and accessible windows should as a minimum standard comply with the requirements of Approved Document Q (ADQ) of the Building Regulations and/or Secured by Design (SBD) standards as set out in Secured by Design Homes 2019.
Reason: In the interests of reducing opportunities for crime.
14) 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 a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.
Reason: The proposed development site is located on a historic landfill site. This presents a risk of contamination that could be mobilised during construction to pollute controlled waters.
15) 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.
16) Notwithstanding the submitted plans a detailed scheme for landscaping, including the planting of trees and or shrubs, the use of surface materials and boundary screen walls and fences shall be submitted to the Local Planning Authority and no 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.
17) 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.
18) Any trees, shrubs and/or hedges on or around the site shall not be felled, lopped or removed without the prior written consent of the Local Planning Authority.
Reason: To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.
19) No building hereby permitted shall be occupied until surface water drainage works broadly in accordance with the Preliminary Drainage Strategy (Drawing No. PDL 101 Rev C dated 16.11.2020) have been implemented, and any connection to the Surface Water Sewer having been put in place, in accordance with details that have been submitted to and approved in writing by the local planning authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in the National Planning Policy Framework, National Planning Policy Guidance and the Department for Environment, Food and Rural Affairs Sustainable Drainage Systems Non statutory technical standards for sustainable drainage systems, and the results of the assessment provided to the local planning authority.
The submitted details shall:
i. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;
ii. Include a timetable for its implementation; and
iii. Provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.
Reason: In the interests of sustainable drainage.
20) The development hereby approved shall only be undertaken in accordance with the recommended mitigation measures set out in the Unexploded Ordnance Risk Assessment dated 5th February 2020.
Reason: In the interests of human health.
21) Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015, and any Order revoking and re-enacting that Order with or without modification, no development of the types described in the following Classes of Schedule 2 shall be without the express consent in writing of the Local Planning Authority other than those expressly authorised by this permission:-
Part 1, Class A extensions and alterations
Part 1, Classes B and C roof addition or alteration
Part 1, Class E swimming pools and buildings incidental to the enjoyment of the dwellinghouse
Reason: In order to protect residential amenity and to prevent overdevelopment.
22) Prior to occupation of the dwellings with which they are associated each of the car parking spaces and garages shown on the approved plans shall be fitted with electrical supply to support an electric vehicle charging point.
Reason: In the interests of sustainable development and air quality.
23) The development hereby approved shall be constructed to The Passivhaus Standard, or such other energy and building performance standard that may subsequently be agreed in writing by the Local Planning Authority.
Reason: In the interests of sustainable development and to ensure that the development accords with Core Strategy Policy CP15.
24) Prior to the occupation of each dwelling hereby approved, ducting or equivalent service routes should be installed capable of accommodating at least 6 separate fibre-optic cables that enable electronic communications services network suppliers to freely connect between the boundary of the site and the inside of each dwelling for the purposes electronic communications.
Reason: To contribute to the development of high speed broadband communication networks and to ensure that adequate provision is made to meet the needs of future occupants of the dwellings for high speed internet access in line with paragraph 42 of the NPPF.
25) The dwellings hereby permitted shall each only be occupied as single unit of accommodation within Use Class C3 (dwelling houses).
Reason: For the avoidance of doubt and to prevent the creation of an additional separate dwellings or the occupation as Houses in Multiple Occupation without that being considered by the Local Planning Authority.
26) Prior to commencement of any works on site (excluding demolition of existing buildings) a scheme of off-site replacement tree planting, together with a programme for implementation shall be submitted to and agreed in writing by the Local Planning Authority. The approved scheme shall be implemented in accordance with the approved programme thereafter.
Reason for the pre-commencement condition: In the interest of further mitigating the impacts of development on trees and protecting the amenity of the area.
27) The works within the root protection zones of retained trees as part of the development hereby permitted shall only be carried out in accordance with an Arboriculture Method Statement that shall have been submitted to and approved agreed in writing by the Local Planning Authority prior to commencement of development on site. The approved Method Statement shall thereafter be adhered to.
Reason: To ensure the protection of the retained trees during the carrying out of the development and protecting the amenity of the area.
1) 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.
2) 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 Area (SPA), the Exe Estuary, which is a designated European site. 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).
3) The Local Planning Authority considers that this development will be CIL (Community Infrastructure Levy) liable. Payment will become due following commencement of development. Accordingly your attention is drawn to the need to complete and submit an 'Assumption of Liability' notice to the Local Planning Authority as soon as possible. A copy is available on the Exeter City Council website. It is also drawn to your attention that where a chargeable development is commenced before the Local Authority has received a valid commencement notice (ie where pre-commencement conditions have not been discharged) the Local Authority may impose a surcharge, and the ability to claim any form of relief from the payment of the Levy will be foregone. You must apply for any relief and receive confirmation from the Council before commencing development. For further information please see www.exeter.gov.uk/cil.
4) A legal agreement under Section 106 of the Town and Country Planning Act 1990 relates to this planning permission.
5) Movement of waste off-site - The Environmental Protection (Duty of Care) Regulations 1991 for dealing with waste materials are applicable to any off-site movements of wastes. The code of practice applies to you if you produce, carry, keep, dispose of, treat, import or have control of waste in England or Wales.
The law requires anyone dealing with waste to keep it safe and make sure it's dealt with responsibly and only given to businesses authorised to take it. The code of practice can be found here: https://www.gov.uk//uploads/system/uploads/attachment_data///waste-duty-care-code-practice-2016.pdf
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) within six months of the date of this Committee 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 Affordable Housing, Open space contributions, highways works, sustainable transport measures and Traffic Orders the proposal is contrary to Exeter Local Development Framework Core Strategy 2012 Objectives 1, 3, 5, 6, and 10, and policies CP5, CP7, CP9, CP10, Exeter Local Plan First Review 1995- 2011 saved policies, L4, T1, T3, DG5, 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.
Councillor Morse returned and resumed the Chair for the remainder of the meeting.