Agenda item

To consider the report of the Director Planning and Development

 

 

Councillor Branston declared a non-pecuniary interest and left the meeting during consideration of this item.

 

The Project Officer (Planning) (EP) presented the outline planning application for the conversion of a locally listed main school building and chapel, including demolition of redundant classrooms and outbuildings, alterations and extensions to retained buildings. Provision of two new residential units to retain one unit of accommodation and create 25 new residential units of accommodation (Revised plans).

 

The Project Officer (Planning) (EP) described the layout, location and dwelling designs through the site location plans, aerial views and photos of the site, the report presented setting out the following key issues:-

 

·         principle of development;

·         loss of community facilities;

·         scale, design, impact on character and heritage assets;

·         access to external amenity space;

·         transport, access and parking;

·         trees and ecology; and

·         affordable housing.

 

The Project Officer (Planning) (EP) provided the following additional detail:-

 

·         the site comprised part of the former Bramdean School, a private school located on the north-western side of Homefield Road. The site contained several buildings, including two linked Georgian houses. The building was locally listed and prominent within the street scene. The primary school building contained one existing residential unit and a teacher's flat. The main school building was to be retained and converted into 14 apartments (4 x 1 bed, 10 x 2 bed);

·         the site also included a large three-storey chapel. The two main buildings were surrounded by several others, including a link between them, a covered gym behind the main school and a further structure to the north boundary known as the 'Homewood block'. The chapel building (music house) was proposed to be retained and converted into nine apartments over three floors (all two-bedroom);

·         the remaining buildings on the site, including the covered gym, the Homewood block, and ancillary single-storey buildings around the chapel, were proposed to be demolished;

·         two, two-storey detached properties were proposed to be constructed. A detached two-storey dwelling (four-bedroom) was proposed for the southeast corner of the site with off-street parking and with an enclosed private garden to the rear. A further detached two-storey dwelling (four-bedrooms) was proposed towards the site's northwest boundary;

·         two communal amenity areas were proposed, forward of the chapel building and a larger area behind the main school;

·         the boundary wall along the north-eastern boundary fronting Homefield Road was proposed to be altered to a low wall with railings above, to a height of 1.1 metres. The existing main vehicular entrance to the site was proposed to be retained; and

·         27 car parking spaces were proposed, with access to sevenelectric vehicle charging points and secure, covered cycle parking.

 

The Project Officer (Planning) (EP) further reported the receipt of 19 objections setting out the following comments on the main issues:-

 

·         Highways - the site was considered to be a sustainable location, within walking and cycling distance of employment hubs, the city centre and the Heavitree District Centre and the Highway Authority had not objected to the proposed parking level, access arrangements, on-site parking layout and trip generation;

·         Trees and ecology - the Council's Tree Officer had stated that, although the loss of trees was regrettable, a robust planting scheme should be conditioned as part of any approval;

·         Heritage impact - the proposal retained the locally listed building and ensured its continued use and the development was considered to contribute positively to the Heavitree Conservation Area with a sympathetic development opening up the site; and

·         Future proofing/green energy - the Chapel building and two new dwellings included solar panels to the roof with electric car charging points provided on site.

 

In respect of affordable home provision, the Project Officer (Planning) reported that paragraph 64 of the National Planning Policy Framework provided an incentive for brownfield development sites containing vacant buildings. As the site contained a number of vacant buildings a financial credit equivalent to the existing gross floor space of the relevant vacant buildings could be offered as part of the calculation of any affordable housing contribution that could be sought.

 

The following responses were given to Members’ queries:-

 

·         in view of the significant need for affordable housing within the city and subject to approval, the Service Lead (City Development), in consultation with the Chair of the Committee would seek to negotiate an affordable housing contribution, to be secured through a Section 106 agreement;

·         conditions could be added in respect of a sustainable travel plan, additional  charging points and relating to waste disposal;

·         Devon County Council Highways had confirmed that the development and the new residential units created would not be eligible for on street parking permits and had requested that an informative be added to any planning permission to that effect.

 

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

 

·         whilst the site was in need of re-development, there remained a number of concerns;

·         although the applicant had also purchased the playing field, there was no proposal to retain it as open space which could lead to further residential development and a loss of a local amenity;

·         the cycle parking provision of 27 spaces for 27 residential units was inadequate;

·         electric charging points for bikes should be increased to eight;

·         whilst no parking permits were to be provided, off street parking was likely to be more of an issue outside day time working hours;

·         the removal of trees was reasonable because of their impact on the adjoining wall;

·         there would be a significant reduction in traffic generation given that during occupation by the school the drop off and collection of children resulted in congestion and pollution; and

·         support provision of affordable housing, but oppose the application and request refusal.

 

Members expressed the following views:-

 

·         the development is in a sustainable location, within walking and cycling distance of the city centre, the nearby Waitrose store and the Heavitree District Centre and support request for additional charging points;

·         request additional conditions for a Sustainable Transport Plan, charging points and on site waste management;

·         an appropriate design is required for the site; and

·         the provision of affordable housing strongly supported to help generate balanced communities. Affordable housing on the site would enable many working in the immediate area to be housed close to their place of employment such as the local hospital.

 

The recommendation was for approval, subject to the conditions as set out in the report with additional conditions to require a Sustainable Travel Plan, additional charging points and on site waste disposal, with an informative added that no on street parking permits would be provided.

 

Councillor D. Moore moved and Councillor Hannaford seconded deferral of the application. The motion was put to the vote and lost.

 

The substantive recommendation was moved by Councillor Williams and seconded by Councillor Sutton and, following a vote, was carried.

 

RESOLVED that subject to a Section 106 Agreement under the Town and Country Planning Act  Planning Act 1990 (as amended) to secure the following (as deemed appropriate following negotiations and conclusion of the viability process):-

 

·         a  Royal Devon & Exeter NHS Trust health care contribution of £27,647;

·         a Parks and Green Spaces contribution of £12,000;

·         affordable housing contribution with on-site provision the preferred option; and

·         habitats mitigation contribution of £859.00 per residential unit.

 

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

 

the Service Lead (City Development), subject to prior consultation the Chair and Portfolio Holder for City Development, be authorised to GRANT planning permission for the conversion of locally listed main school building and chapel, including demolition of redundant classrooms and outbuildings, alterations and extensions to retained buildings. Provision of two new residential units to retain one unit of accommodation and create 25 new residential units of accommodation (Revised plans), subject also to the following conditions:-

 

1)    The development to which this permission relates must be begun not later than the expiration of three years, starting with the date this permission is granted.

Reason:  To ensure compliance with sections 91 and 92 of the Town and Country Planning Act 1990.

 

2)    The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received by the Local Planning Authority on 17 May 2021(including drawings numbers), the revised details received on 14 December 2021 (including drawing number A204 Rev P3) and the revised details received on 23 March 2022 (including drawing numbers A200 rev P3; A201 rev P6;  A202 rev P6;  A203 rev P5;  A212 rev P2;  A213 rev P1;  A214 rev P2) as modified by other conditions of this consent.

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

 

3)    Samples of the materials it is intended to use externally in the construction of the development shall be submitted to the Local Planning Authority. No external finishing material shall be used until the Local Planning Authority has confirmed in writing that its use is acceptable. Thereafter the materials used in the construction of the development shall correspond with the approved samples in all respects.

Reason: To ensure that the materials conform with the visual amenity requirements of the area.

 

4)    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 on buildings 3 and 4 as shown on drawing no. A200 - P5 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, Class D porch

Part 1, Class E swimming pools and buildings incidental to the enjoyment of the dwellinghouse

Part 1 Class F hard surfaces

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

 

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

Reason: To ensure that the development promotes all travel modes to reduce reliance on the private car, in accordance with paragraph 110 of the NPPF

 

6)    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.

 

7)    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.

 

8)    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 building(s) 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.

 

9)    The Construction Management Plan by KHP Professional Services Ltd (dated 6 May 2021) shall be strictly adhered to throughout the demolition and construction period of the development.

 

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

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

 

11)   Prior to occupation of the development hereby permitted, a travel pack for each dwelling shall be provided informing all residents of walking and cycling routes and facilities, and public transport routes and timetables, car sharing schemes, and the location of local and central shopping and leisure facilities, 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.

 

12) Prior to occupation of the development, details shall be submitted to the Local Planning Authority of electric cycle parking provision for the development. This should include the exact location of the facility together with the number of electric bikes provided.  Development shall not be occupied until such details have been agreed in writing by the Local Planning Authority and Local Highway Authority, and prior to occupation the electric cycle parking shall be provided in accordance with the submitted details. 

Reason: To ensure that the development promotes all travel modes to reduce reliance on the private car, in accordance with paragraph 110 of the NPPF

 

13) Pre-commencement condition: 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 for Pre-commencement condition: 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.

 

Informative

 

Please note that occupiers of this development will not be eligible for on-street parking permits from Devon County Council.

 

and further RESOLVED that:-

 

The Service Lead (City Development) be authorised to refuse planning permission for the reasons set out below if terms of a Legal Agreement under Section 106 of the Town and Country Planning Ac 1990 (as amended) is not competed by 25 October 2022 or such extended times as agreed in writing by the Service Lead (City Development) or if an affordable housing contribution cannot be agreed.

 

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 –

 

·         A  Royal Devon & Exeter NHS Trust health care contribution of £27,647

·         A Parks and Green Spaces contribution of £12,000

·         Affordable housing to comply with Core Strategy policy CP7: eight affordable dwellings and a financial contribution towards providing affordable housing off-site in the city to cover 0.75 of a dwelling

·         Habitats mitigation contribution of £859.00 per residential unit.

 

the proposal is contrary to the Development Plan.