Agenda item

Planning Application No. 21/1054/RES - Land for Residential Development at Hill Barton Farm, Hill Barton Road, Exeter

Minutes:

The Principal Project Manager (Development) (MH) presented the application for the approval of reserved matters of layout, scale, appearance and landscaping of planning permission ref. 19/1375/OUT (Outline application for up to 200 dwellings).

 

The Principal Project Manager set out a detailed description of the site and surrounding area and the development, including: site photographs and aerial views. He referred to the following key issues:-

 

·         the principle of development;

·         access/impact on local highways and parking provision

·         affordable housing;

·         the scale, design, impact on character and appearance and impact on biodiversity and heritage assets;

·         flood risk and surface water management;

·         sustainable construction and energy conservation; and

·         economic benefits and CIL/Section 106.

 

He also referred to the following:-

 

·         the allocation of the site is within the strategic housing allocation of the Monkerton and Hill Barton Master Plan;

·         the erection of 198 dwellings had been reduced from the originally applied for 200 as a result of negotiations;

·         the road running between the site and the proposed linear green space, and the adjoining consented housing development did not form part of the current proposal and had been consented as part of the adjoining Persimmon development;

·         the parking approach comprised a mixture of allocated and unallocated parking spaces, on-plot and right angle parking within in streets and a small number of parking courts;

·         open space was provided in the form of a linear area on the southern/eastern boundary of the site and would incorporate an equipped play area and combined pedestrian/cycle path that would link to other existing and proposed routes in the area;

·         detailed design matters raised by the Highway Authority and the submission of revised drawings and formal consultation responses, the Highway Authority stressing the need to maximise permeability with the wider Monkerton and Hill Barton Strategic Allocation; and

·         a late representation referring to the appearance of construction vehicles on site prior to determination which it was understood related to an adjoining site.

 

The Principal Project Manager responded as follows to Members’ queries:-

·         the space between dwellings on the plans represent car parking ports and parking standards meet requirements;

·         the quantum of play area at 11% is above the 10% requirement;

·         the sustainable energy provision will meet building regulation requirements and there will be a connection to the District Heating Network

·         there will be play facilities but there is not a community hall provided for as part of the wider site;

·         there will be permeability to existing footpaths and the cycle path that links into the Met Office;

·         the development is designed to facilitate a future bus route if the County Council and Stagecoach come forward with a proposal, although no route is currently planned; and

·         a policy complaint figure of 35% of affordable housing was proposed.

 

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

 

·         thanked the Planning Committee for previous decisions to protect the green spaces and hills defining the city and stated that he was not against the development in principle;

·         opposed to excessive cumulative impact of individual developments in this area and their impact on local infrastructure including roads which has had an adverse impact on Pinhoe, changing it almost beyond recognition;

·         the Core Strategy makes specific reference to the Monkerton/Hill Barton Master Plan which was intended to address the impact of a number of intensive; developments across disparate sites. CP18 states that developments must be supported by appropriate infrastructure provided in a timely manner and to mitigate adverse impacts;

·         the development and others do not combine to address the requirement to provide a community centre, facilities such as a GP and appropriate local areas for play space. Local community facilities such as the GP are at capacity;

·         there is no indication of support for a rail halt as set out in the Devon Metro Plan;

·         the Strategic Master Plan refers to an open space framework providing formal and informal open space including parks, playing fields and allotments – the development does not recognise this requirement nor identify the physical space for it to be provided. This absence is recognised in the objections from residents and the Exeter Cycling Campaign;

·         the development lacks provision of a local convenience store referring to provision some distance from this development; and

·         provision should be made to contribute towards the proposed Pinhoe hub as well as allotments.

 

Responding to a Member, Councillor Wood, confirmed that a community centre was vital to generate a community spirit and that a provision of 11% open space did not necessarily provide an identical area of play space.

 

Tom Rocke spoke in support of the application. He raised the following points:-

 

·         it will deliver housing where the Council considers it should be located, as part of a sustainable urban extension at Monkerton and Hill Barton;

·         the proposed development is an acceptable density that reflects the Council’s aspirations set out in the Monkerton and Hill Barton Masterplan Study, and will make efficient use of suitable housing land that is in very short supply;

·         good mix of homes is provided, ranging from one to five bedrooms comprised in a variety of unit types, including apartments, terraced, semi-detached and detached properties. The proposals will therefore provide for a mixed, balanced and inclusive community;

·         69 affordable homes will be provided, with a predominance of one and two bed units in response to the greatest need as reflected in the latest Devon Home Choice Quarterly Monitoring report;

·         11% of the site is dedicated to public open space, exceeding the Council’s policy requirement for 10%. The principle of a green corridor open space was established through the Monkerton and Hill Barton Masterplan Study and in this location it will provide good accessibility to neighbouring homes that form part of the wider development of the area as well as to future residents on the site itself and will assist in alleviating pressure on existing facilities;

·         the area includes a Local Area for Play (LAP) for younger children and a Local Equipped Area for Play (LEAP) for older children as well as areas for informal recreation and sitting out. Additional open space is to be provided as part of the ridge top park. An application for outline planning permission for that final phase has been submitted and includes a LAP, LEAP and Multi Use Games Area (MUGA); and

·         the means of access to the site was approved under outline planning permission and the spine road through the site as part of the adjacent Persimmon development. The internal residential roads within the development will be predominantly shared surfaces, in which pedestrians and cyclists have equal priority to motorised means of transport and in which vehicle speeds are low.

 

He responded as follows to Members queries:-

 

·         the air quality assessment submitted at outline stage had indicated  that there would be no adverse impact on air quality;

·         the proposal follows the principles set out by the Council in the Monkerton/Hill Barton Master Plan with the provision of a linear area of open space in the south west part of the site. It was important to consider provision in the context of the wider area including the David Wilson development to the west and the Persimmon development to the east and the final phase to the north just submitted with substantial open space with the ridge top park established in the Master Plan. The applicant had followed the framework set by the Council to the letter;

·         the development is brought forward within the context of the Hill Barton Character Area on the basis of limited through traffic and open space for play with the neighbourhood core in the south west of the site providing community interaction space for this and adjacent developments;

·         the Master Plan identifies two areas for local convenience stores, one at Pinhoe and the other at Hill Barton in conjunction with the proposed rail halt, although only land has been set aside to date. Moreover, significant community facilities would be developed at the Moor Exchange site once the market recovers; and

·         CIL receipts would be used to fund community facilities.

 

Members expressed their concerns regarding the failure to bring forward necessary community facilities in a timely manner and an apparent “houses first” approach rather than ensuring the necessary infrastructure was in situ not only in this area but in other areas of the city. They regarded this failure in the Pinhoe area as particularly serious given the number of developments already provided and with more on stream. Engendering social cohesion and interaction and providing for community building should be viewed as a vital adjunct when bringing forward developments.

 

Members also raised the following issues:-

 

·         the application should be considered in the context of the overall Master Plan which sets out the “bigger picture” aspiration in terms of infrastructure and community facility provision. It would be important therefore for future reports on planning applications in this area to be accompanied by the agreed Master Plan and its current application;

·         the developer has also missed the opportunity to bring forward other community facilities not referred to in the Master Plan which would help community cohesion;

·         the report does not include Environmental Health comments on air pollution as it is a car led development in spite of Council aspirations to encourage car free developments;

·         no reference to a sustainable transport plan as required by the Transport Supplementary Planning Document; and

·         facilitating community cohesion helps combat mental health issues.

 

The Principal Development Manager stated that the proposals submitted by the applicant largely reflected the detailed illustrative Master Plan and that the principle of the residential development of this site and the access arrangements to serve it had already been established through the outline consent. The site also formed part of a Strategic Housing allocation within the Council’s Adopted Core Strategy although some developments were yet to be delivered. An area had been identified for a small retail facility but that outline consent had been established for houses and not for community facilities.

 

The Chief Executive & Growth Director recognised Members frustration over the apparent failures of the planning system including the importance of prioritising community needs. However, with outline consent granted, those issues of concern could not be addressed at this stage. Developers were not obliged to defer to an adopted Master Plan which did not legislate against developers bringing forward their own Master Plans for individual developments. The Council had however achieved commitment by developers to bring forward open space provision for the community as part of the ridgeline park to the north of this development and it was within the Council’s capacity to fund community contributions through CIL. The Liveable Exeter project was a Council response to delivery of housing provision given the current planning system.

 

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 satisfactory clarification in respect of highway matters and the formal consultation response from the Highway Authority, planning permission for reserved matters of layout, scale, appearance and landscaping of planning permission ref. 19/1375/OUT (Outline application for up to 200 dwellings) be APPROVED, subject to the following conditions (and their reasons) and any other appropriate conditions as recommended by the Highway Authority in the formal consultation response:-

 

1)    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  1st July, 21st and 22nd October 2021 (including drawing numbers listed on the Rocke Associates Drawing and Documents Schedule dated 21st October 2021) as modified by other conditions of this consent.

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

 

2)    All conditions imposed on the outline approval 19/1375/OUT are hereby reiterated in as much as they relate to the development and have yet to be discharged in writing by the Local Planning Authority.

Reason: To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters.

 

3)    The details to be submitted pursuant to Condition 9 of the outline planning permission shall include information stating how vehicles, machinery and other equipment involved in the construction phases of the scheme will be deployed and managed to prevent interference and obstruction to Met Office satellite receivers in relation to their operational schedules, and construction work shall subsequently be undertaken strictly in accordance with the agreed plan.

Reason - To ensure adequate protection to the line of sight of the Met Office satellite reception facility at Met Office during construction.

 

4)    The ridge heights of the proposed development shall not exceed the heights specified for each of the proposed dwellings as indicated on the 'Proposed Roof Height Plan' drawing (drawing ref: 2019 VH RH_01_P2) - dated 21st October 2021) and the accompanying 'Northings Eastings FFLs and RHs Hill Barton_P2' spreadsheet, which accompany the application. The Met Office shall be consulted on any proposed amendments to the layout and heights of the proposed development.

Reason - To ensure adequate protection to the line of sight of the Met Office satellite reception facility.

 

5)    Samples of the materials to be used 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.

 

6)    The development hereby approved shall be implemented and thereafter be maintained strictly in accordance with the provisions, recommendations and mitigation measures contained within the following documents submitted as part of the application -

Ecological Management Plan prepared by ead ecology dated 18th October 2021 report ref: 211019_EAD Ecology_P1106_EMP_01 and

Construction Ecological Management Plan by ead ecology dated 19th October 2021 report ref: 1019_EAD Ecology_P1106_CEcoMP_01

Reason - In the interests of preserving and enhancing the ecological value of the site both during and post construction.

 

7)    Notwithstanding the submitted Landscape Management and Maintenance Plan, no trees shall be planted as part of the landscaping scheme for the site until the Local Planning Authority (in consultation with the Met Office) has approved in writing provisions within a revised 'Landscape Management and Maintenance Plan' to ensure that new tree planting shall only include species which are expected to reach a height at maturity of no higher than the ridge height of the dwellings as shown on the Proposed Roof Height Plan or that long term management provisions are in place to ensure that all trees and hedgerows provided as part of the landscaping scheme will be managed at a height so as not to cause unacceptable interference to Met Office satellite reception facility.

Reason - To ensure adequate protection to the line of sight of the Met Office satellite reception facility at Met Office.

 

8)    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 undertaken 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 buildings incidental to the enjoyment of the dwelling house

Part 1 Class F hard surfaces

Reason: In order to protect residential amenity and to prevent overdevelopment.

 

9)    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.

 

10) Notwithstanding the details shown on drawing no Q7015_D, submitted via agent email dated 21st October 2021 in which it was referred to as an Illustrative only drawing, full details of the layout and play equipment/street furniture and boundary treatments to be provided as part of the proposed open space shall be submitted for approval as part of the information to be submitted pursuant to condition 14 of the outline planning permission reference no. 19/1375/OUT. Thereafter the open space/paly area shall be implemented strictly in accordance with the approved details.

Reason - To ensure that the details of the open space and associated play facilities are acceptable prior to their installation.

 

11)       Prior to occupation of the apartments included within the development, details shall be submitted to the Local Planning Authority of the secure covered cycle parking provision to serve the apartments. The apartments shall not be occupied until such details have been agreed in writing by the Local Planning Authority, and the cycle parking has been provided in accordance with the approved details. 

Reason: To comply with the standards set out in the Sustainable Transport SPD and provide for sustainable travel.

 

12)       Prior to occupation of the development, details shall be submitted to the Local Planning Authority of the proposed tie in connections to Membury Crescent/Peppercombe Avenue and Cranbrook Walk. Access must be provided and maintained in accordance with details that shall have been submitted to, and approved in writing, by the Local Planning Authority in conjunction with the Local Highway Authority and retained for that purpose at all times.

Reason: To ensure that a safe and suitable access to the site is provided for all users, in accordance with Paragraphs 108 and 110 of the NPPF.

 

13)       Prior to occupation of the development, details shall be submitted to the Local Planning Authority of suitable priority for pedestrians on all side road junction. Access must be provided and maintained in accordance with details that shall have been submitted to, and approved in writing, by the Local Planning Authority in conjunction with the Local Highway Authority and retained for that purpose at all times.

Reason: To ensure that a safe and suitable access to the site is provided for all users, in accordance with Paragraphs 108 and 110 of the NPPF.

 

14)       Prior to occupation of the development, details shall be submitted to the Local Planning Authority of suitable pedestrian and cycle access on the east – west route through the site (to the south of plot 189). Access must be provided and maintained in accordance with details that shall have been submitted to, and approved in writing, by the Local Planning Authority in conjunction with the Local Highway Authority and retained for that purpose at all times.

Reason: To ensure that a safe and suitable access to the site is provided for all users, in accordance with Paragraphs 108 and 110 of the NPPF.

 

Informatives

 

1)    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 (i.e. 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.

 

2)    In accordance with Paragraph 38 of the National Planning Policy Framework the Council has worked in a positive and pro-active way with the Applicant and has negotiated amendments to the application to enable the grant of planning permission.

 

3)    In accordance with Chapters 1 and 2 of the Conservation of Habitats and Species Regulations 2017, this development has been screened in respect of the need for an Appropriate Assessment (AA). Given the nature of the development, it has been concluded that an AA is required in relation to potential impact on the relevant Special Protection Areas (SPA), the Exe Estuary and East Devon Pebblebed Heaths, which are designated European sites. This AA has been carried out and concludes that the development is such that it could have an impact primarily associated with recreational activity of future occupants of the development. This impact will be mitigated in line with the South East Devon European Site Mitigation Strategy prepared by Footprint Ecology on behalf of East Devon and Teignbridge District Councils and Exeter City Council (with particular reference to Table 26), which is being funded through a proportion of the Community Infrastructure Levy (CIL) collected in respect of the development being allocated to fund the mitigation strategy. Or, if the development is not liable to pay CIL, to pay the appropriate habitats mitigation contribution through another mechanism (this is likely to be either an undertaking in accordance with s111 of the Local Government Act 1972 or a Unilateral Undertaking).

 

4)    Your attention is drawn to the consultation response from the Airfield Operations Duty Manager dated 30th July 2021, and in particular the documents referred to therein -

·         Airport Operators Association (AOA) Advice note 4 Cranes and other Construction Issues, and

·         Civil Aviation Authority (CAA) CAP1096 Guidance to crane users on crane notification process and obstacle lighting and marking.