To consider the report of the Director City Development
The Principal Project Manager (Development) (HS) presented the outline planning application for the construction of 184 dwellings, means of access, public open space and associated infrastructure (Re-submission of refusal 19/1647/FUL - Revised Plans).
The following key issues were referred to:-
· the principle of development;
· scale, design, impact on character and appearance;
· access and parking and impact on amenity of neighbouring development;
· public spaces and parks;
· economic benefits;
· sustainable construction, biodiversity, contaminated Land and air quality;
· affordable housing; and
· development plan, five year housing land supply and presumption in favour of sustainable development.
The Principal Project Manager (Development) set out a detailed description of the site and surrounding area, including site photographs, aerial views, details of street views, the internal street scene and the adopted road plans and photos of views towards the site and the relationship with the surrounding area, the Ikea store, and residential properties.
The Principal Project Manager (Development) provided the following additional detail:-
· the proposal related to the development of the site for 184 dwellings. These comprised of 137 houses as a mix of terraced, semi-detached, and detached properties, 39 one, two, and three bed flats in apartment blocks and eight flats over garages. The dwellings were proposed to be either two or two and a half storeys in height with parking for each dwelling located within either garages or parking spaces to the front, side or rear of the property;
· the proposal included the provision for 307 car parking spaces. There would be vehicular access from Ikea Way with restricted vehicular access via the bridge to Russell Way. A bus only connection was proposed to link to the existing road bridge allowing two-way bus movement through the site from Russell Way to Ikea Way, with two bus stops proposed within the site;
· pedestrian and cycle access would be included for Old Rydon Close and Ikea Way; and
· public open space provisions would be included along with a Multi-Use Games Area (MUGA), a Local Equipped Area for Play (LEAP) and a Local Area for Play (LAP).
Responding to Members’ questions, the Principal Project Manager (Development) also advised that:-
· the internal road layout was designed to reduce speeds with shared surfaces and changes in levels and directions. There would be pedestrian accesses through the site with three points accessing onto Old Rydon Close;
· there would generally be two parking spaces for the three and four bed houses and one parking space for two bed houses and flats. Cycle storage would be provided either in gardens or sheds;
· an earlier proposal for a gypsy/traveller site had been suggested along Topsham Road as part of the Newcourt Master Plan and not at this site. This proposal would be reviewed as part of the forthcoming Exeter Plan;
· a balanced approach had been given to the location of the MUGA to ensure visibility and natural policing with a 30 metre distance from houses and robust frontage between the houses and the play area;
· the site included material’s removed from the Ikea development and had been used in the levelling of the site to ensure an appropriate relationship with the surrounding residential areas. Materials would also, ultimately be removed from the site;
· the site was allocated for development in the Exeter Core Strategy and Newcourt Master Plan and was a sustainable location with access to a range of services and transport links with a regular bus service and a rail halt [MD1] nearby; and
· the proposed contribution to GP surgeries would be a one-off contribution.
The Development Manager Highways and Transport, in response to Members queries advised that:-
· rising bollards had proved to be unsuccessful in other areas and would not be installed as a means of controlling access via the bridge to Russell Way. Informative signage would be provided instead;
· in addition, and in advance of any potential need for enforcement measures, the Highways Authority would seek to include provision of, or funding for, a bus gate enforcement camera in the Section 278 Notice under the Highways Act 1980; and
· the bus only connection would involve approximately two buses an hour.
Mr Graves speaking in support of the application, raised the following points:-
· the site was allocated for development and permission had been granted for 220 houses in 2014. Since that time, the permission had lapsed and there have been several unsuccessful proposals;
· Exeter was constrained, surrounded by sensitive landscape which was threatened due to difficulties in meeting housing need. It was unprotected land with no landscape sensitivity and its development would not only assist the Council in meeting its housing needs, but reduce the risk to other more sensitive sites;
· the latest scheme had generated far less objection than previous versions. The proposal included a range of community benefits - 64 affordable homes, public open space, including a MUGA, a two-way bus route linking into the bridge over the A379 to the north of the site to benefit the wider area and the planting of 350 trees;
· the proposal would deliver a cumulative Section 106 and CIL package in excess of £2 million; and
· access to the site was the same as that approved in 2014 and the internal roads, footpath/cycleway connections, and parking, had been agreed after detailed discussions with County Highways.
Responding to Members’ queries he advised that:-
· the development would be gas heated and meet conditions relating to carbon reduction with the potential for providing solar heating panels, which would be investigated;
· some 100,000 cubic metres of materials had been deposited on the site from the nearby Ikea site and the intention would be to re-use some 20,000 cubic metres on the site;
· a Waste Audit Statement was included in the conditions seeking to provide as much “cut and fill” on site as possible and to regulate material disposal from the site. The site levels were challenging and the developer would seek to minimise off-site disposal of materials to reduce costs; and
· the ratio of bird and bat boxes would be agreed through the Landscape and Ecological Management Plan condition.
Members expressed the following views:-
· affordable housing provision of 35% was welcomed, including the 25% provision for first time buyers;
· the development was within an allocated sustainable site as designated within the Newcourt Master Plan and was sustainable in a wider sense given proximity of industrial estates for work;
· the design was considered to be aesthetically pleasing;
· it was suggested that a review of general County Council cycle lane provision be undertaken to ensure safety of cyclists at night;
· this and other developments should seek higher carbon neutral standards to future proof houses and seek to reach Net Zero in advance of the Government’s 2050 target;
· the developer should seek to provide a greater green space allocation than 10% in place of car parking spaces;
· developers should seek carbon friendly heating solutions such as ground source heat pumps as opposed to gas heating as a cheaper option to avoid possible future expensive retrofitting; and
· camera provision on the bus only connection should be provided as part of the development from the outset rather than retrospectively in response to misuse which was considered likely and was a significant safety issue for legitimate users.
With regard to the latter two points, the Chair advised that carbon neutral future proofing was embedded within the vision for the Exeter Plan and that enforcement camera provision to the bus gate would be appropriately considered in bringing forward the details of the Section 278.
The recommendation was for approval, subject to the conditions as set out in the report and update sheet.
The recommendation was moved and seconded and, following a vote, was carried.
A) subject to the completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) Agreement to secure the following:-
· Affordable Housing 35% of dwellings on site (split 70% Social Rent, 25% First Homes, 5% intermediate);
· Traffic Order contribution of £15,000;
· NHS GP Surgeries contribution £107,397;
· NHS Acute services contribution £237,242;
· Open space provisions LEAP and MUGA (onsite but provision to be made in Section 106 Agreement for alternative off site delivery);
· Sustainable Travel Planning £500/per dwelling;
· Devon County Council Education contributions Special Education Needs totalling £113,783;
· Sustainable Transport Infrastructure, £500 per dwelling; and
· Provision of South East Devon European Sites Mitigation Strategy payments where not secured for the dwelling by other means, such as CIL.
All Section 106 contributions to be index linked from the date of resolution.
The Service Lead City Development be authorised to APPROVE outline planning permission for the construction of 184 dwellings, means of access, public open space and associated infrastructure (Re-submission of refusal 19/1647/FUL - Revised Plans), subject also to the following conditions and their reasons, the wording of which may be varied:-
(1) The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.
Reason: To ensure compliance with sections 91 and 92 of the Town and Country Planning Act 1990.
(2) The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received by the Local Planning Authority on 25 January 2022 listed below as modified by other conditions of this consent.
Reason: In order to ensure compliance with the approved drawings.
(3) A schedule of materials it is proposed 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 schedule in all respects.
Reason: To ensure that the materials conform with the visual amenity requirements of the area.
(4) No development (including ground works) or vegetation clearance works shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The Statement shall provide for:
a) The site access point(s) of all vehicles to the site during the construction phase.
b) The parking of vehicles of site operatives and visitors.
c) The areas for loading and unloading plant and materials.
d) Storage areas of plant and materials used in constructing the development.
e) The erection and maintenance of securing hoarding, if appropriate.
f) Wheel washing facilities.
g) Measures to monitor and control the emission of dust and dirt during construction.
h) No burning on site during construction or site preparation works.
i) Measures to monitor and minimise noise/vibration nuisance to neighbours from plant and machinery.
j) Unless otherwise agreed in writing 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.
k) No driven piling without prior consent from the LPA.
The approved Statement shall be strictly adhered to throughout the construction period of the development.
(5) Prior to the commencement of the development hereby approved (including demolition and all preparatory work), a scheme for the protection of the retained trees, in accordance with BS 5837:2012, including a tree protection plan(s) (TPP) and an arboricultural method statement (AMS) shall be submitted to and approved in writing by Exeter City Council
Reason: Required prior to commencement of development to satisfy the Local Planning Authority that the trees to be retained will not be damaged during demolition or construction and to protect and enhance the appearance and character of the site and locality, in accordance with Trees in Relation to Development Supplementary Planning Document and pursuant to section 197 of the Town and Country Planning Act 1990.
(6) No construction shall commence until the following information has been submitted to and approved in writing by the Local Planning Authority:
a. Soakaway test results in accordance with BRE Digest 365 (2016), groundwater monitoring results in line with our DCC groundwater monitoring policy and evidence that there is a low risk of groundwater re-emergence downslope of the site from any proposed soakaways or infiltration basins.
b. A detailed drainage design based upon the approved Flood Risk Assessment and Drainage Strategy and the results of the information submitted in relation to (a) above.
c. Detailed proposals for the management of surface water and silt runoff from the site during construction of the development hereby permitted.
d. Proposals for the adoption and maintenance of the permanent surface water drainage system.
e. A plan indicating how exceedance flows will be safely managed at the site.
f. Evidence there is agreement in principle from South West Water/landowner to connect into their system.
No dwelling hereby permitted shall be occupied until the works have been approved and implemented in accordance with the details under (a) - (f) above.
Reason: The above conditions are required to ensure the proposed surface water drainage system will operate effectively and will not cause an increase in flood risk either on the site, adjacent land or downstream in line with SuDS for Devon Guidance (2017) and national policies, including NPPF and
PPG. The conditions should be pre-commencement since it is essential that the proposed surface water drainage system is shown to be feasible before works begin to avoid redesign / unnecessary delays during construction when site layout is fixed.
(7) Prior to commencement of the development the applicant shall submit for approval in writing by the LPA an updated Acoustic Design Statement, including assessment of overheating conditions. The Acoustic Design Statement should demonstrate good acoustic design, including achieving both sustainable acoustic comfort and sustainable thermal comfort. Any mitigation measures required shall be implemented in full prior to occupation of the development, and maintained thereafter.
The Professional Practice Guidance Note (ProPG): Planning and Noise for New Residential Development May 2017 (ANC, IoA and CIEH) describes the expected content and approach of an Acoustic Design Statement. The ANC/IoA guidance 'Acoustics Ventilation and Overheating: Residential Design Guide' provides methods by which the overheating assessment can be conducted.
(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 dwellings 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 human health and protection of the natural environment.
(9) No part of the development hereby permitted shall be commenced until details of the three pedestrian / cycle access points onto Old Rydon Close, including a programme for implementation, has been submitted to, and approved in writing by, the Local Planning Authority and Local Highway Authority, and the access points shall be provided in accordance with the submitted details and programme and maintained thereafter.
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.
(10) Prior to commencement of construction of any dwelling hereby approved details of the proposed MUGA, LEAP and LAP play areas (including access routes, fencing, lighting, equipment, etc) that are being provided on site shall have been submitted to and approved in writing by the should be approved by the Local Authority prior to commencement of any works on site. The approved details shall subsequently be implemented on site.
Reason: In the interest of the amenity of the area.
(11) Prior to commencement of construction a Waste Audit Statement, that includes the below points, shall be submitted to and approved in writing by the Local Authority.
Devon County Council has published a Waste Management and Infrastructure SPD that provides guidance on the production of Waste Audit Statements. This includes a template set out in Appendix B, a construction, demolition and excavation waste checklist (page 14) and an operational waste checklist (page 17). `Following the guidance provided in the SPD will enable the applicant to produce a comprehensive waste audit statement that is in accordance with Policy W4: Waste Prevention of the Devon Waste Plan. This can be found online at: https://www.devon.gov.uk/planning/planning-policies/minerals-and-waste-policy/supplementary-planning-document
Reason: In the interests of sustainable development and in accordance with Policy W4: Waste Prevention of the Devon Waste Plan.
(12) 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 Part L of the 2013 Building Regulations if the dwelling is to be constructed to the 2013 Building Regulations, or to achieve a 10% reduction in CO2 emissions above the levels set out in Part L of the 2022 Building Regulations if the dwelling is to be constructed to the 2022 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 the required reduction in CO2 emissions in relation to the relevant Building Regulations has been achieved.
Reason: To ensure the dwelling(s) will achieve the energy performance standard required by Policies CP14 and CP15 of the Core Strategy.
(13) 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 LEMP shall include the following details:
a) 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) a work schedule (including an annual work plan capable of being rolled forward over a five-year period);
g) identification of the body or organization responsible for implementation of the LEMP;
h) ongoing monitoring and remedial measures; and
i) the legal and funding mechanisms by which the long-term implementation of the LEMP will be secured with the management bodies responsible for its delivery.
The LEMP shall also set out how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The development shall then be implemented and thereafter managed in accordance with the approved LEMP.
(14) 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.
(15) No individual dwelling hereby approved shall be occupied until secure cycle parking facilities for that dwelling have been provided in accordance with details that shall previously have been submitted to, and approved in writing by, the Local Planning Authority. Thereafter the cycle parking facilities shall be retained for that purpose at all times.
Reason: To ensure that cycle parking is provided, in accordance with Exeter Local Plan Policy T3 and paragraph 110 of the NPPF.
(16) Prior to the occupation of any residential unit hereby permitted with allocated parking space(s) (whether on plot, on street or in off road communal parking) one Electric Vehicle ready (active) domestic charging point shall have been provided per dwelling, which shall thereafter be provided and permanently retained. The unallocated parking spaces shall be provided with a Electric Vehicle ready (active) domestic charging points at a ratio of 1 charging point per 10 spaces, which shall thereafter be provided and permanently retained.
Reason: To ensure construction of a satisfactory development and to promote sustainable development in accordance with paragraph 112 of the NPPF
(17) No development above slab level shall occur until details of two bus stops with suitable crossing facilities and a programme for their implementation have been submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highway Authority. The bus stops and crossing facilities shall thereafter be implemented in accordance with the agreed programme.
Reason: To provide a safe and suitable access for vehicles, pedestrian and cyclists, in accordance with Paragraphs 108 and 110 of the NPPF.
(18) No lighting shall be installed for the Multi Use Games Area until details of that lighting and a lighting assessment has been submitted to and approved in writing by the Local Planning Authority. Lighting shall thereafter only be installed in accordance with the approved details and the lighting shall be maintained in accordance with the approved details.
Reason: In the interests of the amenity of local residential occupiers and the environment.
(19) Any contamination not previously identified which is found whilst implementing the development hereby permitted must be immediately reported in writing to the Local Planning Authority. Development on the part of the site affected shall be suspended and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These approved schemes shall then be carried out before the development, or the relevant part of it, is resumed or continued.
Reason: In the interests of protecting human health and the environment.
(20) Rear access paths must be gated, the gates to those paths and those giving access to rear gardens must be fitted with a lock operable from both sides.
Reason: To prevent access to the rear of dwellings which leaves them vulnerable to crime, particularly burglary offences.
(21) 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.
Further RESOLVED that B the Service Lead City Development 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 six months from the date this Committee or such extended time as agreed in writing by the Service Lead City Development
In the absence of a completed planning obligation (Section 106 of the Town and Country Planning Act 1990 (as amended) in terms that are satisfactory to the Local Planning Authority which makes provision for the following matters; Affordable Housing, Traffic Orders contribution, NHS GP Surgeries contribution, NHS Acute services contribution, Open space and play provision, Sustainable Travel Planning contribution, SEN Education contributions, Sustainable Transport Infrastructure contribution, and provision of SEDEMS contributions where they not secured by other means, the proposal is contrary to Exeter Local Development Framework Core Strategy 2012 policies CP7, CP9, CP10, CP18, Exeter Local Plan First Review 1995-2011 saved policies AP1, T1, T3 and DG5, Sustainable Transport SPD (March 2013), Planning Obligations SPD (April 2014), Public Open Space SPD (Sept 2005) and Exeter City Council Affordable Housing SPD (2014).