Agenda item

The Principal Planning Officer advised that the Section 106 agreement had not been completed in January as expected due to the complicated nature of the development and multiple landowners. Therefore the re-endorsement of the resolution made at the September 2017 meeting was sought.

 

Public Speaker, Objector – The Council has not sufficiently consulted with Exeter City Council and community groups of Alphington; the bus lane will cut through Markham Lane contrary to Exeter City Council’s Supplementary Planning Guidance; the County agreed Markham Lane would be for cyclists and pedestrians; the cycle routes of the development do not properly join up; the community facilities are an unreasonable distance from houses; Alphington is unsuitable for construction traffic and this should be prohibited; and there are a lack of social meeting places.

 

In response the Committee was advised that ongoing conversations were taking place with Exeter City Council and the County Council in relation to construction and operation plans, and bus routes. In response to other comments the Committee were advised that District Heating may be lost for this site; the site is on the edge of Exeter with good access to bus services and the future train station at Marsh Barton; a bid for housing infrastructure fund has been made for the delivery of roads early in the development construction; building regulations would ensure that dwellings are constructed to the carbon reduction standard.

 

Mr Hensley from Devon County Council advised that buses can run on un-adopted roads with the permission of the Bus Company and landowner.

 

Additional comments from Councillors included: the wish for a Railway Station at Exminster in view of the prediction that the A379 would not be adequate to serve the additional housing.

 

In response to comments relating to the compliance of the Section 106 Agreement, the Business Manager advised that the Agreement cannot be appealed against and legal action can be taken for its compliance.

 

It was proposed by Councillor Smith, seconded by Councillor Kerswell and

 

Resolved

 

Subject to:

The completion of a Section 106 Agreement by 27 April 2018 to provide:

1. A minimum of 10% Affordable Housing in the first phase in line with the

recommendations of the viability report split 25% Affordable Rent: 75% Shared Ownership (to be reviewed on receipt of any significant public or other funding in relation to any aspect of the scheme and at intervals throughout the development after the first phase).

2. A minimum of 30 Custom Build Dwelling plots.

3. A scheme for provision of 4 Gypsy and Traveller Pitches.

4. Provision of District Heating – if public sector or other funding for infrastructure is guaranteed prior to development commencing and subject to further viability review. (Applicant to employ best endeavours to work with the Council to secure such funding).

5. Provision of land and financial contribution to Chudleigh Road link and financial contribution to Devon Hotel Roundabout improvements at a maximum of around £4,000 per dwelling (precise amount to be agreed with Devon County Council).

6. Provision of land and financial contribution of £740 per dwelling for

pedestrian/cycle bridge.

7. Land and financial contribution for Community Building at total cost of £2,000 per dwelling.

8. Land and financial contribution for Health Provision at total cost of £500 per

Dwelling.

9. Travel planning and packs including £300 voucher per dwelling

10. Exe Estuary SPA mitigation contributions at £96 per dwelling

11. Resident information packs containing travel planning information, pedestrian and cycle links, active recreation opportunities and useful contacts to mitigate travel impacts and assist with habit forming in relation to the Exe Estuary.

12. Cirl bunting mitigation/offsetting to provide 1 hectare of replacement habitat.

13. Hedge removal covenants.

14. Artificial Turf Pitch (ATP) provision and management details including dual use provisions for school and community use.

15. Indoor sports provision and management.

16. Play provision and management.

17. Green space provision and management.

18. Allotment provision and management.

19. Two x Traffic Regulation Orders at £5,000 each.

 

B) The exchange/completion of agreement(s) in relation to land purchase

agreements between the applicant and Teignbridge District Council or a relevant third party for:

i) The Education land. This land is to be held for the delivery of a secondary school for 15 years or up to the time of the delivery of 1,350 units, whichever is the longer.

ii) Land for Community and Health provision.

 

C) The exchange/completion of Agreement(s) in relation to SANGS provision with Teignbridge District Council.

 

PERMISSION BE GRANTED subject to:

 

D) Planning conditions to address the following matters and issues – the precise form to be agreed by the Business Manager – Strategic Place in consultation with Ward Members and the Chairman of Planning Committee:

1.  Requirement for Reserved Matters submissions.

2.  Timing of submission of Reserved Matters of phases.

3.  Time limit for commencement of phases.

4.  Development to proceed in accordance with approved plans/documents.

5.  Framework Plans and Design Guides for each phase to be approved prior to submission of Reserved Matters applications.

6.  Phasing plans noting each Custom Build plot to be a distinct phase and      limiting first phase to not exceeding 350 dwellings.

7.  On-going development compliance plans to demonstrate how the overall

     masterplan vision will be achieved.

8.  Primary control – uses and quantums permitted by the permission.

9.  Timetable for delivery of non-residential uses (including a scheme of marketing for local shops and any other non-residential commercial uses).

10. Local Centre provision.

11. Tree constraints and protection.

12. Landscape strategy.

13. Landscape and Ecology Management Plan (LEMP).

14. Construction Environmental Management Plan (CEMP), Environmental

  Management Plan (EMP), Public Right Of Way protection, improvement        and Provision.

15. Construction access strategy and phasing including for occupants.

16. Noise/air quality protection including for occupants.

17. Sustainable Urban Drainage System (SUDs), provision, management, etc.

      including during construction and design for biodiversity.

18. Archaeological investigations.

19. Scheduled Monument management and interpretation.

20. Biodiversity protection.

21. Foul sewerage survey and provision.

22. Construction management including noise, air quality and traffic.

23. Public art.

24. Lighting strategy.

25. Watercourse pollution prevention during both construction and operation.

26. Contaminated land investigation.

27. Bus stop provision.

28. Dedication of land to highways to site boundaries.

29. Detailed highway design.

30. Safe access to bus stops.

31. Implementation of highway works, including footways and cycleways, in

       accordance with an agreed phasing scheme.

32. Pedestrian and cycle bridge timing.

33. The site access and visibility splays shall be constructed, laid out and

       maintained for that purpose.

34. No development shall take place until a waste audit statement has been

       provided, and approved.

35. Alternative uses (e.g. secondary school/flexible uses within the Local      Centre).

36. Bat and bird boxes.

37. Identification of opportunities for apprentices.

(20 votes for and 0 against)