Agenda item

20212876 - 190 London Road

Ward: Stoneygate

Proposal: Construction of detached three storey building to provide 8 flats (2 x Studio, 6 x 2 bed) (Class C3); provision of soft and hard landscaping, car and bicycle parking, bin store, drainage infrastructure and boundary treatment; removal of trees; demolition of single storey structures adjacent to 190 London Road. (amendments received 26/10/2023)

Applicant: Mr Shameet Thakkar

The Planning Officer presented the report.

Mr Peter Wilkinson addressed the Committee and spoke in support of the application.

Members of the Committee considered the report and Officers responded to the comments and queries raised.

The Chair summarised the application and the points raised by Members of the Committee and moved that in accordance with the Officers recommendation, the application be approved subject to the conditions set out in the report and additional conditions set out in the addendum report.. This was seconded by Councillor Kennedy-Lount and upon being put to the vote, the motion was CARRIED.

RESOLVED: That the application be APPROVED subject to the conditions set out below:

CONDITIONS

1.         The development shall be begun within three years from the date of this permission. (To comply with Section 91 of the Town & Country Planning Act 1990.)

2.         Before works above ground level, samples of the slate for the roof and treatment for the blacked out windows shall be submitted to and approved by the City Council as local planning authority and the works carried out in accordance with the approved details. (In the interests of visual amenity and the character and appearance of the Evington Footpath Conservation Area, and in accordance with Core Strategy policies CS03 and CS18).

3.         Before works above ground level, a 1 sqm sample panel of the brickwork (including brick type, bonding and mortar) for the areas of the front elevation marked "facing brick" and "brick detailing" shall be submitted to and approved by the City Council as local planning authority and the works carried out in accordance with the approved details. (In the interests of visual amenity and the character and appearance of the Evington Footpath Conservation Area, and in accordance with Core Strategy policies CS03 and CS18).

4.         Before works above ground level, section drawings at a scale of 1:10 for all proposed external windows and doors shall be submitted to and approved by the City Council as local planning authority and the works carried out in accordance with the approved details. (In the interests of visual amenity and the character and appearance of the Evington Footpath Conservation Area, and in accordance with Core Strategy policies CS03 and CS18).

5.         Before works above ground level, section drawings at a scale of 1:20 for the proposed front, side and rear elevations (including balcony sections) shall be submitted to and approved by the City Council as local planning authority and the works carried out in accordance with the approved details. (In the interests of visual amenity and the character and appearance of the Evington Footpath Conservation Area, and in accordance with Core Strategy policies CS03 and CS18).

6.         Prior to occupation of the approved flats insulation and ventilation measures shall be installed in accordance with the treatment detailed at Table 9 and Appendix 2 of the report by Blue Acoustics NS353/4 received by the City Council as local planning authority on 09.08.23 and shall retain the minimum acoustic and ventilation performances detailed in Appendix 2 of that report throughout the lifetime of the development. (In the interests of the amenities of future occupiers, and in accordance with saved policies PS10 and PS11 of the City of Leicester Local Plan.)

7.         Prior to occupation of the development drawings at a scale of 1:20 of the bin storage shown on the Proposed Site Plan shall be submitted to and approved in writing by the City Council as local planning authority. The bin storage shall be installed in accordance with these details and retained as such throughout the lifetime of the development. (In the interests of visual amenity and the character and appearance of the Evington Footpath Conservation Area and in accordance with Core Strategy policies CS03 and CS18).

8.         No part of the development shall be occupied until the cycle parking shown on the Proposed Site Plan has been provided and retained thereafter, in accordance with written details previously approved by City Council as local planning authority. (In the interests of the satisfactory development of the site and in accordance with policies AM02 and H07 of the City of Leicester Local Plan).

9.         Prior to the occupation of the flats, a turning space, to enable vehicles always to enter and leave the site in a forward direction, shall be made available within the site. The turning space shall be retained throughout the lifetime of the development. (In the interests in highway safety, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

10.       Before the occupation of the flats, the parking spaces shown on the Proposed Site Plan shall be marked out and shall be retained for vehicle parking throughout the lifetime of the development. (To secure adequate off-street parking provision, and in accordance with saved policy AM12 of the City of Leicester Local Plan and Core Strategy policy CS03.)

11.       Prior to the commencement of development and notwithstanding the approved plans a revised Arboricultural Impact Assessment shall be carried out and submitted in writing to the local planning authority and shall include provisions for the retention of tree T9 in addition to the measures outlined in the Arboricultural Impact Assessment submitted by Bea Landscape Design and received by the City Council as local planning authority on 26.10.23. (In the interests of visual amenity and proper landscaping and in accordance with saved policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS03) (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

12.       Prior to the commencement of development and notwithstanding the approved plans a revised Tree Protection Plan to show tree T9 to be retained shall be submitted in writing to the local planning authority carried out to include provisions for the retention of tree T9 in addition to the measures detailed at Appendix C of the Arboricultural Impact Assessment submitted by Bea Landscape Design and received by the City Council as local planning authority on 26.10.23. (In the interests of visual amenity and proper landscaping and in accordance with saved policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS03). (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

13.       Prior to the occupation of the flats a scheme for 15 replacement trees to compensate for those removed to facilitate the scheme shall be submitted to and approved in writing by the City Council as local planning authority. The replacement trees shall be planted within one year of the approval of these details. For a period of not less than thirty years from the date of planting, the applicant or owners of the land shall maintain all planted trees. The trees shall be replaced if they die, are removed or become seriously diseased. The replacement planting shall be completed in the next planting season. (In the interests of visual amenity and proper landscaping and in accordance with saved policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS03).

14.       Prior to the occupation of the first flat a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the City Council as local planning authority. The biodiversity enhancements at (viii) below shall be measured from the environmental condition of the site at 23.11.2021 and the LEMP shall include details of: (i) the position and spread of all existing trees, shrubs and hedges to be retained or removed; (ii) new tree and shrub planting, including plant type, size, quantities and locations; (iii) means of planting, staking, and tying of trees, including tree guards; (iv) other surface treatments; (v) fencing and boundary treatments; (vi) any changes in levels; (vii) the position and depth of service and/or drainage runs (which may affect tree roots) and (viii) the location and type of biodiversity enhancements to be incorporated into the built design or garden areas (ix) management and maintenance details of the Landscape and Ecology Management Plan. The approved landscaping and mitigation scheme shall be carried out within one year of the approval of these details. For a period of not less than 30 years from the date of planting, the applicant or owners of the land shall maintain all planted material. This material shall be replaced if it dies, is removed or becomes seriously diseased. The replacement planting shall be completed in the next planting season in accordance with the approved landscaping scheme. (In the interests of amenity, and in accordance with saved City of Leicester Local Plan policy UD06 and Core Strategy policies CS03 and CS17.)

15.       Prior to the commencement of development full details of the Sustainable Drainage System (SuDS) together with implementation, long term maintenance and management of the system shall be submitted to and approved by the local planning authority. No flat shall be occupied until the system has been implemented. It shall thereafter be managed and maintained in accordance with the approved details. Those details shall include: (i) full design details, (ii) a timetable for its implementation, and (iii) a management and maintenance plan for the lifetime of the development, which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the system throughout its lifetime. (To reduce surface water runoff and to secure other related benefits in accordance with policy CS02 of the Core Strategy).

16.       Notwithstanding the approved proposed site plan, the boundary treatment at the front of the site fronting London Road shall be retained as existing. (In the interests of visual amenity and the character and appearance of the Evington Footpath Conservation Area, and in accordance with Core Strategy policies CS03 and CS18).

17.       Development shall be carried out in accordance with the following approved plans:

            Proposed Site Plan, ref. no. DSA-20075-PL-PRO-01, rev J, received 26.10.2023

            Proposed Floor Plans and Elevations, ref. no. DSA-20075-PL-PRO-02, rev D, received 26.10.2023

            (For the avoidance of doubt).

  NOTES FOR APPLICANT

1.         The City Council, as local planning authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received. This planning application has been the subject of positive and proactive discussions with the applicant during the process.

            The decision to grant planning permission with appropriate conditions taking account of those material considerations in accordance with the presumption in favour of sustainable development as set out in the NPPF 2023 is considered to be a positive outcome of these discussions.