Agenda item

20250570 - York Street, Yoho

Ward: Castle

Proposal: Change of use from 132 student flats and ancillary spaces (sui generis) to 118 managed short term residential accommodation units and ancillary spaces (sui generis) (amended 23.06.25)

Applicant: Mr Ben Pearce

The Planning Officer presented the report.

Chris Lindley addressed the Committee and spoke in support to the application.

Paulo Vargui addressed the Committee and spoke in opposition to the application.

Councillor Kitterick also spoke in opposition to the application.

Members of the Committee considered the application and Officers responded to questions and queries raised by the Committee.

RESOLVED: Approval delegated to officers subject to the conditions set out below subject to receipt of confirmation of no objections from the Health and Safety Executive

            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.         The development hereby approved shall only be used as the managed short term residential accommodation and ancillary spaces permitted and none of the units shall be occupied longer than 18 consecutive months by any referred service user. A register of occupancy shall be maintained on site and made available to the local planning authority for inspection at any time (in the interests of the amenity of future occupiers and in accordance with Core Strategy policy CS03 and saved City of Leicester Local Plan Policy PS10 and the objectives of Paragraph 135 of the National Planning Policy Framework).

3.         The development hereby approved shall have no more than 4 units occupied by childless couples at any one time. A register of occupancy shall be maintained on site and made available to the local planning authority for inspection at any time (in the interests of the amenity of future occupiers and in accordance with Core Strategy policy CS03 and saved City of Leicester Local Plan Policy PS10 and the objectives of Paragraph 135 of the National Planning Policy Framework).

4.         The development hereby approved shall be carried out in accordance with the amended Asset Management Plan dated 20.06.25 and received by the City Council as local planning authority on 20.06.25. The Asset Management Plan shall be adhered to throughout the lifetime of the development unless a future or updated management plan is submitted to and agreed in writing by the local planning authority and published online on the Planning Application database. Where a future or updated management plan is agreed, the use shall be continued in accordance with that agreed future or updated management plan (in the interests of achieving healthy, inclusive and safe places that promote health and well-being, and in the interests of the amenity of occupiers and neighbouring properties and in accordance with the objectives Paragraphs 135 and 96 of the National Planning Policy Framework).

5.         Prior to the occupation of the development Terms of Reference (from the Operator) for proactive engage with all relevant stakeholders, including but not limited to ensuring points of contact are in place and that escalation and complaint protocols are proactively shared, shall be submitted to and agreed in writing with the local planning authority. These Terms of Reference shall be published on the Planning Applications database. The development shall be operated in accordance with these Terms of Reference throughout the lifetime of the development. In the event of a change of operator, the new operator shall submit a revised Terms of Reference within six weeks of commencement of their contract to the local planning authority and these shall be agreed in writing. The development shall be operated in accordance with these revised Terms of Reference within timescales agreed in writing with the local planning authority (in the interests of achieving healthy, inclusive and safe places that promote health and well-being, and in the interests of the amenity of occupiers and neighbouring properties and in accordance with the objectives Paragraphs 135 and 96 of the National Planning Policy Framework).

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

            Proposed Ground Floor Plan, ref. no. 102-994-RGP-XX-XX-DR-A-008, received 24.06.25

            Proposed First Floor Plan, ref. no. 102-994-RGP-XX-XX-DR-A-009, received 24.06.25

            Proposed Second Floor Plan, ref. no. 102-994-RGP-XX-XX-DR-A-010, received 24.06.25

            Proposed Third Floor Plan, ref. no. 102-994-RGP-XX-XX-DR-A-011, received 24.06.25

            Proposed Fourth Floor Plan, ref. no. 102-994-RGP-XX-XX-DR-A-012, received 24.06.25

            Proposed Fifth Floor Plan, ref. no. 102-994-RGP-XX-XX-DR-A-013, received 24.06.25

            Proposed Sixth Floor Plan, ref. no. 102-994-RGP-XX-XX-DR-A-014, received 24.06.25

            (For the avoidance of doubt).

            NOTES FOR APPLICANT

1.         There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply.

            Based on the information available, this permission is considered to be one which will not require the approval of a biodiversity gain plan before development is begun because the following statutory exemption/transitional arrangement is considered to apply:

            Development below the de minimis threshold, meaning development which:

            i) does not impact an onsite priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and

            ii) impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).

2.         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 (and pre-application).

            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 2024 is considered to be a positive outcome of these discussions.