Agenda item

The Senior Planning Officer introduced the application to the Committee.

 

Comments from Councillors during debate included:

·       Concerns about parking

·       NHS building parking and proximity

·       Concerns about loss of tree at entrance and possibility of TPO

·       Site would be in flood zone 2

·       Concerns about overlooking

·       Concerns about the design including the colour

·       Loss of light

·       Site is brown field and in town centre

·       Sustainable

·       Site is a visual improvement

·       100 percent affordable homes

·       Helps residents looking to downsize, in turn freeing up larger homes

·       Concerns about traffic

·       Balcony may overlook

·       Involvement of highways

·       Need to ensure building stays clean

·       Importance of site notices/notifying neighbours

·       Condition for sustainable travel plan

·       Ward member would be involved in overview of development

 

In response, Officers clarified the following:

·       Bottom of site in flood zone 3, the proposed building is in zone 2. Cannot say what the history of flooding is on site.

·       Neighbouring business have their own allocated parking

·       Tree is retained in scheme

·       Precise cladding colours will be determined by the supplier

·       Cannot condition any traffic impact on cricketfield or traffic

·       Building is angled to prevent impact on neighbours

·       Conditions would be discharged by officers

·       Conditions can be added regarding colour

·       Applicant didn’t include planning officer in discussions with highways officer at Devon County

·       Site notices went out locally

·       Drop in sessions for the community to give feedback

·       Wil meet with ward member during site development

 

It was proposed Cllr Hook by and seconded by Cllr Hall that permission be granted as set out in the report and update sheet, plus a condition requiring submission of a sustainable travel plan.

 

A vote was taken. The results were 12 for, 1 against, and 1 abstention.

 

Resolved

 

That permission be granted subject to the following conditions.

 

1.     The development hereby permitted shall begin before the expiry of three years from the date of this permission.

 

REASON: In accordance with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.     The development hereby permitted shall be carried out in accordance with the application form and the following approved plans/documents

 

Date Received	Drawing/reference number	Description
18 Oct 2023	A.11	Green Infrastructure Strategy
18 Oct 2023		Environmental statement
18 Oct 2023		Air quality assessment
18 Oct 2023		PHPP Assessment
18 Oct 2023		Affordable housing statement
18 Oct 2023		Biodiversity survey and report
06 Nov 2023		Energy Statement
06 Nov 2023		Carbon Reduction
07 Nov 2023		Tree Survey
07 Nov 2023	05949TCP 17.3.23 1OF1	Tree Survey plan
07 Nov 2023	05949TPP 25.10.23 1OF1	Tree Survey plan
07 Nov 2023		Arboricultural Impact Assessment
18 Oct 2023		Transport assessment
19 Jan 2024	01-ATR-101 REV A	Swept Path Analysis - Parallel Parking
01 Mar 2024	A.08 REV 02	Site Plan
01 Mar 2024	A.14 REV 01	1st and 2nd Floor Plan
01 Mar 2024	A.15 REV 01	3rd Floor Plan
01 Mar 2024	A.16 REV 01	Roof Plan
17 Apr 2024	ACA0015/1/0	Archaeological Report
16 May 2024	2106 A.13 REV 02	Proposed Ground Floor Plan
16 May 2024	2106 SE3 S.01	External Material References
06 Jun 2024		Waste Audit Statement
19 Jun 2024	A.19 REV 02	North East Elevation
19 Jun 2024	A.20 REV 02	South West Elevation
19 Jun 2024	A.12	Facade Materials
19 Jun 2024	A.18 REV 02	Street Elevations
27 Jun 2024	A.35	Window Reveal Detail
27 Jun 2024	A.36	Window Cill Detail
27 Jun 2024	A.37	Window Head Detail
27 Jun 2024	A.38	Roof Junction Detail
27 Jun 2024	A.39	External Corner Detail
08 Jul 2024	A.47	Corner Detail/Standing Seam
08 Jul 2024	A.46	Window Reveal - Standing Seam
08 Jul 2024	A.45	Window Reveal - Standing Seam
08 Jul 2024	A.44	Window Head - Standing Seam
08 Jul 2024	A.43	Window Cill - Standing Seam
08 Jul 2024	A.42	Window Reveal - Brick
08 Jul 2024	A.41	Window Head - Brick
08 Jul 2024	A.41	Window Cill - Brick
15 Jul 2024		Drainage Strategy
1 Aug 2024		Affordable Housing Statement

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

 

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

 

Development shall not thereafter proceed unless in strict accordance with the measures identified in the approved remediation strategy and verification plan. Prior to occupation of any part of the development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority.

 

REASON: To ensure that any unexpected contamination that is uncovered during remediation or other site works which may have migrated into the application site is dealt with appropriately.

 

4.     The development shall proceed in accordance with the Written Scheme of Investigation prepared by AC Archaeology - (document ref: ACA0015/1/0 and dated: 22nd February 2024) and submitted in support of this planning application. The development shall be carried out at all times in accordance with the approved scheme, or such other details as may be subsequently agreed in writing by the Local Planning Authority.

 

REASON: To ensure, in accordance with paragraph 211 of the National Planning Policy Framework (2023) and the supporting text in paragraph 5.17 of the Teignbridge Local Plan Policy EN5 (adopted 2013), that an appropriate record is made of archaeological evidence/historic building fabric that may be affected by the development.

 

5.     The development shall not be occupied until (i) the post investigation assessment has been completed in accordance with the approved Written Scheme of Investigation and (ii) that the provision made for analysis, publication and dissemination of results, and archive deposition, has been confirmed in writing to, and approved by, the Local Planning Authority.

 

REASON: To comply with Paragraph 211 of the NPPF (2023), which requires the developer to record and advance understanding of the significance of heritage assets, and to ensure that the information gathered becomes publicly accessible.

 

6.     Works required to implement the development hereby approved shall proceed only in accordance with the recommendations set out in the ecology report hereby approved. Prior to first occupation of the development hereby approved, the biodiversity enhancement measures set out in the approved ecology report by Ecologic dated 27 September 2023 (especially Section 6) shall be implemented in accordance with the details set out in the report.

 

REASON: In the interests of protected species and biodiversity enhancement as required by policy EN8.

7.     Within three months of works commencing on site full details of hard and soft landscape works, including an implementation and management plan, shall have been submitted to the Local Planning Authority for written approval.

 

Details of soft landscape works shall include retention of any existing trees and hedges; finished levels/contours; planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate.

 

The hard landscape works shall include means of enclosure; boundary and surface treatments; vehicle and pedestrian/cyclist circulation; structures (furniture, signs and all external lighting (to be accompanied by Lighting Report)); proposed and existing service lines. All works shall be carried out in accordance with the approved details and the implementation plan and thereafter maintained in accordance with the approved management plan.

 

REASON: To secure a landscape scheme that will complement the development in the interests of visual amenity and amenity of residents.

 

8.     Works shall proceed in strict accordance with the hereby approved Tree Protection Plan 05949 TPP 24.10.23. Tree protection fencing shall be in place prior to any works commencing on site and the developer shall maintain such fences to the satisfaction of the Local Planning Authority until all development the subject of this permission is completed.

 

REASON: To protect the tree in the interests of visual amenity. The fencing must be in place prior to commencement to ensure appropriate protection of the tree.

 

9.     Prior to the commencement of development a Construction Environmental Management Plan shall have been first submitted to and approved in writing by the Local Planning Authority. The Construction Environmental Management Plan shall specify details to include:

·       The hours of demolition/construction works (including hours of site deliveries, parking of vehicles of site operatives and visitors)

·       Number and size of vehicles visiting the site in connection with the development and the frequency of their visits

·       Timetable for the works including expected timescales for each aspect of construction

·       Any road closure

·       Details of proposals to promote car sharing amongst construction staff in order to limit construction vehicles parking off-site

·       Loading and unloading of plant and machinery

·       Facilities for the storage of plant, machinery and materials used in the construction of the development

·       The erection and maintenance of security hoardings

·       Wheel washing facilities

·       Measures to control the emission of dust, noise, vibration and dirt during construction

·       A scheme for the recycling/disposal of waste resulting from the construction works

·       The proposed route for all construction traffic exceeding 7.5 tonnes

·       Details of the amount and location of construction worker parking

·       Photographic evidence of the condition of the adjacent public highway prior to the commencement of any work

·       Identification of particularly intrusive construction practices i.e piling and the subsequent control measures that will be implemented

·       The type of plant to be used

·       Arrangement to be implemented for effective communication with the local community regarding forthcoming, potentially intrusive works

·       Methods for monitoring noise, dust, vibrations and frequency

·       Detailed proposals for the management of surface water and silt runoff from the site during construction

 

The development shall only be carried out in strict accordance with the approved details.

 

REASON: In the interests of local amenity and highway safety. Construction management details need to be agreed prior to works

commencing as matters require oversight from that time.

 

10.Prior to their first installation full details of the proposed solar panels shall be submitted to and approved in writing by the Local Planning Authority. The approved panels shall be installed prior to first occupation.

 

REASON: In the interests of carbon reduction and visual amenity.

 

11.Prior to works exceeding damp proof course (dpc) the following full architectural details shall be submitted to and approved in writing by the Local Planning Authority:

 

·       External doors

·       Windows

·       Rainwater goods

·       Meter boxes, including location, to be, as far as is possible, not located on a principal elevation.

·       Details of ASHPs, solar panels and any mechanical ventilation plant including location.

·       Bin and Bike store doors

·       Garage Screens

 

Works shall proceed in accordance with the approved details.

 

REASON: In the interests of the appearance of the building and wider visual amenity.

 

12.Prior to first occupation of the development hereby approved, a Flood Warning and Evacuation Plan shall be submitted to and approved in writing by the Local Planning Authority. The Flood Warning and Evacuation Plan must include:

·       The necessity of including the building on the Environment Agency’s Flood Warning system for the lifetime of  the Development

·       Trigger levels for evacuation

·       The access and egress route in the event of a flood.

 

The Emergency Plan must be provided to future occupants of the development within sales or tenancy documents.

 

REASON: For the avoidance of doubt and to ensure the safety of occupants

 

13.Prior to the commencement of development a detailed drainage design based upon the approved Drainage Strategy Report (Report Ref: 18349/DS/R6 Revision 6 dated 11 July 2024) shall be submitted to and approved in writing by the Local Planning Authority. Works shall proceed in accordance with the approved details.

 

REASON: 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 condition is 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.

 

14.Prior to first occupation of the development hereby approved full details of the responsibilities of a management company responsible for the maintenance of the on-site communal areas both internally and externally shall be submitted to and approved in writing by the Local Planning Authority. The on-site communal areas shall thereafter be maintained in accordance with the approved details.

 

REASON: To ensure that the on-site communal areas are appropriately maintained in the interests of visual and residential amenity.

 

15.Prior to first occupation of the development hereby approved a report shall be submitted to the Local Planning Authority confirming that the measures and levels (to achieve “Good” criteria (without observed impact)) set out in the Noise Impact Assessment by inacoustic dated 24th June 2024 Version 4 have been met.

 

REASON: In the interests of residential amenity

 

16.Prior to first occupation of the development hereby approved the electric vehicle charging points x2 shall be installed at the site and shall be commissioned and available for use. The charging points shall as a minimum be a 32A (7.3kW) Mode 3 unit and shall be maintained in good working order thereafter as specified by the manufacturer.

 

REASON: In the interest of carbon reduction.

 

17.The development shall proceed in accordance with the hereby approved Affordable Housing Statement and the housing shall be delivered, maintained and let in accordance with the details as set out within the Statement in perpetuity.

 

REASON: To ensure that the development delivers the Affordable Housing as set out and that it is retained in perpetuity

 

18.A report shall be provided clearly demonstrating the methods to be employed to stop noise and vibration problems at the neighbouring properties from the use of any mechanical systems (such as ASHPs and Mechanical Ventilation systems). The noise survey method British Standard: BS4142:2014+A1:2019, Method for rating industrial noise affecting mixed residential and industrial areas should be used. These methods shall be agreed in writing by Local Planning Authority and implemented accordingly prior to first occupation.

 

REASON: In the interests of neighbouring amenity.

 

19. Submission of a Sustainable Travel Plan prior to first occupancy.

 

20. Prior to the first installation of any material and the construction of the exterior of the building, full details and samples of all materials to be used on the external surfaces will be submitted to and approved in writing to the Local Planning Authority. This should include colour, finish, and profile of any external cladding.