Agenda item

20241345 - 101-107 Ratcliffe Road, former Mary Gee Houses Halls of Residence

Ward: Knighton

Proposal: Demolition of existing buildings; construction of four x three storey buildings to provide retirement apartments with care (Class C2); communal facilities; associated landscaping, access roads, car parking and services. (Amended plans)(s106 agreement)

Applicant: Gladman Retirement Living Ltd

 

The Planning Officer presented the report.

 

Mr Robert Gaskell addressed the Committee and spoke in support of the application.

 

Councillor Joel entered the meeting and withdrew from the Committee for the remaining duration of the item.

 

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 the application be approved in accordance with Officer’s recommendation and section 106 agreement. This was seconded by Councillor Russell and upon being put to the vote, the motion was CARRIED.

 

RESOLVED: permission was granted subject to conditions

 

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 details of the accommodation approved by this decision are 94 apartments made up of 38 x 1 bed, 45 x 2 bed and 11 x 3 bed. (For the avoidance of doubt)

 

3.       The development shall only be occupied within Use Class C2 of the Town and Country Planning (Use Classes) Order 1987 (as amended) by approved occupiers who are over the age of 60 years and who have completed a written assessment undertaken by the care provider which has assessed the occupier to be in need of care and support and shall be used for no other use. (To ensure acceptable occupation of the development meeting identified needs for extra care for the elderly and in accordance with Core Strategy policy CS06 and paragraph 61 of the NPPF and given the nature of the site, the form of development is such that a change of use may be unacceptable or lead to an unacceptable loss of amenity to occupiers of neighbouring properties in accordance with saved City of Leicester Local plan policy PS10 and policies CS03 and CS14 of the Core Strategy)

         

4.       Prior to the commencement of development, a Construction Method Statement shall be submitted to and approved in writing by the Local Planning Authority. The approved Construction Method Statement shall be adhered to throughout the construction period. The Statement shall provide for: (i) the vehicle and pedestrian temporary access arrangements including the parking of vehicles of site operatives and visitors; (ii) the loading and unloading of plant and materials; (iii) the storage of plant and materials used in the development; (iv) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; (v) wheel washing facilities; (vi) measures to control the emission of dust and dirt during construction; (vii) a scheme for storage and management of waste resulting from excavation works (viii) the proposed phasing of development and a detailed description of the works in each phase (ix) the temporary access arrangement to the construction site; (x) procedures to ensure flood risk is managed on site during the period of works for personnel, plant and members of the public (xi) the procedures to ensure flood risk is not increased anywhere outside of the site for the duration of the works; (xii) the procedures to be used in case of a pollution incident. (To ensure the satisfactory development of the site, and in accordance with saved policies AM01 & UD06 of the City of Leicester Local Plan and Core Strategy policy CS02 & CS03. To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

5.       (A) Prior to the commencement of development, except for demolition, a materials sample panel drawing (at a scale of 1:20) and full materials schedule, which shall be in broad accordance with the materials shown on the approved Bay Study drawings, shall be submitted to and approved in writing by the Local Planning Authority. (B) Prior to the construction of any above ground works the approved sample panel/s shall be constructed on site, showing all external materials, including but not limited to, bricks, bond, balconies, windows, doors and dormer, for inspection by Officers and approval in writing by the Local Planning Authority. The development shall only be constructed in accordance with the approved materials. (In the interests of visual amenity, and in accordance with Core Strategy policy CS03. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

6.       Prior to the commencement of development, a Biodiversity Gain Plan shall be submitted to and approved in writing by the Local Planning Authority. The Biodiversity Gain Plan shall be submitted in accordance with the requirements of paragraph 14(2) of Schedule 7A to the Town and Country Planning Act 1990. (To enhance biodiversity, and in accordance with the National Planning Policy Framework and paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990. To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

7.       Prior to the commencement of development, except for demolition, 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 in writing by the Local Planning Authority. 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. The use shall not commence until the system has been implemented in accordance with the approved details. It shall thereafter be managed and maintained in accordance with the approved details. (To reduce surface water runoff and to secure other related benefits in accordance with policy CS02 of the Core Strategy. To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

8.       Prior to the commencement of development, except for demolition, details of foul drainage, shall be submitted to and approved in writing by the Local Planning Authority. The use shall not commence until the foul drainage has been installed in accordance with the approved details. It shall be retained and maintained thereafter. (To ensure appropriate drainage is installed in accordance with policy CS02 of the Core Strategy. To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

9.       Before any above ground level works are begun, a detailed landscape and ecological management plan (LEMP) showing the treatment and maintenance of the site which will remain unbuilt upon shall be submitted to and approved in writing with the Local Planning Authority. This scheme 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, including details of the entrance gates; (vi) any changes in levels; (vii) the position and depth of service and/or drainage runs (which may affect tree roots), viii) a detailed plan of the biodiversity enhancements on the site including a management scheme to protect habitat during site preparation and post-construction. ix) details of planting design and maintenance of; x) details of the make and type of 10 x bat boxes/tiles/bricks to be erected on buildings under the guidance and supervision of a qualified ecologist. The approved LEMP shall contain details on the after-care and maintenance of all soft landscaped areas and be carried out within one year of completion of the development. For a period of not less than ten 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 policy UD06 of the City of Leicester Local Plan and Core Strategy policies CS03 and CS17).

 

10.      Before any above ground works are begun a detailed design plan of lighting to be used which shows the locations of lights, their type of light emittance and wavelength, together with a lux contour map showing the variation in light, shall be submitted to and approved in writing by the Local Planning Authority. The lighting should be designed to cause minimum disturbance to protected species that may inhabit the site with appropriate areas remaining dark and a maximum of 1 lux on vegetated/water areas where considered necessary. The approved

          scheme shall be implemented and retained thereafter. No additional lighting should be installed without prior agreement from the Local Planning Authority. (In the interests of protecting wildlife habitats and in accordance with NPPF (2024) Paragraph 192, saved policy BE22 of the City of Leicester Local Plan and Core Strategy policy CS17)

 

11.      The development shall be carried out in accordance with the details approved in the Arboricultural Method Statement dated February 2025 and shown on the Tree Protection Plan Ref: 8663-T-03 (Demolition phase), Tree Protection Plan Ref: 8663-T-04 (Main Construction phase) and Tree Protection Plan Ref: 8663-T-05 (Car parking/landscaping). All works shall be carried out in accordance with British Standard for Tree Work BS 3998:2010. (In the interests of the health and amenity value of the trees and in accordance with saved Policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS03)

 

12.      Before any works above ground level are begun full design details of on-site installations to provide renewable energy and energy efficiency measures shall be submitted to and approved in writing by the Local Planning Authority. No phase of the development shall be occupied until evidence demonstrating satisfactory operation of the approved scheme including on-site installation in that phase has been submitted to and approved in writing by the Local Planning Authority. The approved measures shall be retained thereafter. (In the interests of securing energy efficiency in accordance with Core Strategy Policy CS02).

 

13.      No part of the development shall be occupied until 2 metre by 2 metre pedestrian sight lines on each side of each vehicular access have been provided, and they shall be retained thereafter. (In the interests of the safety of pedestrians and other road users, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03)

 

 

14.      All street works shall be constructed in accordance with the Council's standards contained in the Leicester Street Design Guide (First Edition). (To achieve a satisfactory form of development, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03)

 

15.      No phase of the development shall be occupied until secure and covered cycle parking has been provided on site for that phase in accordance with written details previously approved by the Local Planning Authority and it shall be retained thereafter. (In the interests of the satisfactory development of the site and in accordance with saved policies AM02 and H07 of the City of Leicester Local Plan).

 

16.      No part of the development shall be occupied until a Travel Plan for the development has been submitted to and approved in writing by the Local Planning Authority and it shall be carried out in accordance with a timetable to be contained within the Travel Plan. The Plan shall: (a) assess the site in terms of transport choice for staff, users of services, visitors and deliveries; (b) consider pre-trip mode choice, measures to promote more sustainable modes of transport such as walking, cycling, car share and public transport (including providing a personal journey planner, information for bus routes, bus discounts available, cycling routes, cycle discounts available and retailers, health benefits of walking, car sharing information, information on sustainable journey plans, notice boards) over choosing to drive to and from the site as single occupancy vehicle users, so that all users have awareness of sustainable travel options; (c) identify marketing, promotion and reward schemes to promote sustainable travel and look at a parking management scheme to discourage off-site parking; (d) include provision for monitoring travel modes (including travel surveys) of all users and patterns at regular intervals, for a minimum of 5 years from the first occupation of the development brought into use. The plan shall be maintained and operated thereafter. (To promote sustainable transport and in accordance with saved policies AM01, AM02, and AM12 of the City of Leicester Local Plan and policies CS14 and CS15 of the Core Strategy).

 

17.      Prior to the occupation of any phase of the development a Car Park Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The management plan shall include:

a) details of how the parking areas would be managed;

b) details of electric vehicle charging points; and

c) arrangements for the provision of at least six disabled parking spaces.

          The approved car park management plan shall be implemented for each phase from the first occupation of that phase. The parking shall be operated in accordance with the approved Car Park Management Plan and maintained thereafter. (In the interests of residential amenity and pedestrian safety and in accordance with saved policies H07, PS10 and AM12 of the City of Leicester Local Plan and Core Strategy policy CS15)

 

18.      No part of the development shall be occupied until the following works have been carried out in accordance with details which shall have first been submitted to and approved in writing by the Local Planning Authority: (a) footway crossing(s) at each vehicular access; (b) alterations to footway crossing(s); (c) reinstatement of any redundant footway crossings and/or damaged or altered areas of footway or other highway. (To ensure a satisfactory means of access to the highway, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03)

 

19.      No phase of the development shall be occupied until the following works have been carried out for that phase in accordance with details approved on plans Ground Floor Site Plan Ref: 00009 MP-0120 Rev A2 and Surfacing and Site features ref: 10206-TEP-XX-XX-DR-L-0002 Rev P02 : (a) surfacing and marking out of all parking areas including the provision of at least 6 disabled parking spaces and electric vehicle parking with charging facilities and infrastructure for at least 5% of the total number of parking spaces; and (b) provision of turning space. The parking and turning spaces shall not be used for any other purpose. (In the interests in highway and pedestrian safety, and in accordance with saved policies AM01 and AM12 of the City of Leicester Local Plan and Core Strategy policy CS03)

 

20.      Before the installation of any plant or machinery, including kitchen extraction flues, the details shall be submitted to and approved in writing by the local planning authority. The plant or machinery shall be installed in accordance with the approved details before the occupation of any residential unit and shall be retained and maintained thereafter. (In the interests of residential amenity and in accordance with saved policies PS10 and PS11 of the City of Leicester Local Plan)

 

21.      Before any above ground level works are begun a ventilation strategy, including measures to deal with overheating, shall be submitted to and approved in writing by the Local Planning Authority. The Strategy shall ensure that ventilation equates to open windows, deemed to be 4 air changes per hour on demand, if necessary using mechanical ventilation, in all habitable rooms where windows must be closed to maintain acceptable internal noise levels. Windows shall not be sealed closed. The approved ventilation strategy shall be installed and operational in each phase prior to its occupation and shall be maintained thereafter. (In the interests of residential amenity and in accordance with saved policy PS10 of the City of Leicester Local Plan)

 

22.      During the demolition and construction period no machinery shall be operated and no work shall be undertaken outside the hours of 07.30 to 18.00 hours Mondays to Fridays, and 07.30 to 13.00 hours Saturdays, nor at any time on Sundays or officially recognised public holidays. (In the interests of the amenities of nearby occupiers, and in accordance with saved policy PS10 of the City of Leicester Local Plan.)

 

23.      No part of the development shall be occupied until the details for the storage of bins and the management arrangements for waste collection have been submitted to and approved in writing by the Local Planning Authority.  The approved storage and management arrangements shall be maintained thereafter. (In the interests of the amenities of the surrounding area, and in accordance with saved policies H07 and PS10 of the City of Leicester Local Plan and Core Strategy policy CS03)

 

24.      Should the development not commence within 24 months of the date of the last protected species survey (October 2024), a further protected species survey shall be carried out of the site by a suitably qualified ecologist. The survey results and any revised mitigation shall be submitted to and agreed in writing with the Local Planning Authority and any identified mitigation measures carried out in accordance with the approved plan. Thereafter the survey should be repeated annually and any mitigation measures reviewed by the Local Planning Authority until the development commences. (To comply with the Wildlife and Countryside Act 1981 (as amended by the CRoW Act 2000), the Habitat & Species Regulations 2017 and Core Strategy policy CS17).

 

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

          Location Plan, 00009-MP-0100 Rev A1, received 25th July 2024

          Ground Floor Site GA Plan, 00009-MP-0120 Rev A2, received 4th December 2024

          Context Elevations, 00009-MP-0150 Rev A2, received 4th December 2024

          Site Phasing Plan, 00009-MP-0500 Rev A1, received 25th July 2024

          Building 01 (B1)                

          GA Floor Plans, 00009-B1-0220 Rev A3, received 4th December 2024      

          North and South GA Elevations, 00009-B1-0250 Rev A3, received 4th December 2024

          East and West GA Elevations, 00009-B1-0251 Rev A3, received 4th December 2024

          Bay Study, 00009-B1-0255 Rev A3, received 4th December 2024

          Building 02 (B2)                

          Ground and First Floor GA Plans, 00009-B2-0320 Rev A3, received 4th December 2024

          Second Floor GA and Roof Plan, 00009-B2-0321 Rev A3, received 4th December 2024

          South and West GA Elevations, 00009-B2-0350          Rev A3, received 4th December 2024

          North and East GA Elevations, 00009-B2-0351 Rev A3, received 4th December 2024       

          Typical Bay Study 01, 00009-B2-B4-0355 Rev A3, received 4th December 2024

          Typical Bay Study 02, 00009-B2-B4-0356 Rev A4, received12th March 2025

          Building 03 (B3)                

          Ground Floor GA Plan, 00009-B3-0420 Rev A3, received 4th December 2024

          Upper Floors GA Plans, 00009-B3-0421 Rev A3, received 4th December 2024

          Roof Plan, 00009-B3-0422 Rev A2, received 4th December 2024      

          South and West GA Elevations, 00009-B3-0450          Rev A3, received 4th December 2024

          North and East GA Elevations, 00009-B3-0451 Rev A3, received 4th December 2024

          Bay Study, 00009-B3-0455 Rev A3, received 4th December 2024      

          Building 04 (B4)                

          Ground Floor GA Plan, 00009-B4-0520 Rev A3, received 4th December 2024

          First Floor GA Plan, 00009-B4-0521 Rev A3, received 4th December 2024      

          Second Floor GA Plan, 00009-B4-0522  Rev A3, received 4th December 2024

          Roof GA Plan, 00009-B4-0523 Rev A2, received 4th December 2024

          South and West GA Elevations, 00009-B4-0550          Rev A3, received 4th December 2024

          North and East GA Elevations, 00009-B4-0551 Rev A3, received 4th December 2024

          Landscape Masterplan, 10206-TEP-XX-XX-DR-L-0001 Rev P03, received 4th December 2024

          Surfacing and site features, 10206-TEP-XX-XX-DR-L-0002 Rev P02, received 4th December 2024.

          (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 and at 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.

 

2.       Leicester Street Design Guide (First Edition) has now replaced the 6Cs Design Guide (v2017) for street design and new development in Leicester. It provides design guidance on a wide range of highway related matters including access, parking, cycle storage. It also applies to Highways Act S38/278 applications and technical approval for the Leicester City highway authority area. The guide can be found at:

          https://www.leicester.gov.uk/your-council/city-mayor-peter-soulsby/key-strategy-document s/ The Highway Authority’s permission is required under the Highways Act 1980 and the New Roads and Street Works Act 1991 for all works on or in the highway.

          For new road construction or alterations to existing highway the developer must enter into an Agreement with the Highway Authority. For more information please contact highwaysdc@leicester.gov.uk.

 

3.       Development on the site shall avoid the bird nesting season (March to September), but if this is not possible, a re-check for nests should be made by an ecologist (or an appointed competent person) not more than 48 hours prior to the commencement of works and evidence provided to the LPA. If any nests or birds in the process of building a nest are found, these areas will be retained (left undisturbed) until the nest is no longer in use and all the young have fledged. An appropriate standoff zone will also be marked out to avoid disturbance to the nest whilst it is in use.

          All wild birds are protected under the Wildlife and Countryside Act (1981) as amended making it an offence to kill, injure or disturb a wild bird and during the nesting season to damage or destroy an active nest or eggs during that time.  Further information on birds and the law can be found here Wild birds: protection and licences - GOV.UK (www.gov.uk)

 

4.       Noise from any plant/machinery should not exceed 5dB(A) below the existing background noise level. A correction factor should be added to the measured sound pressure level if noise contains any distinguishable characteristics (whine, hiss, screech, hum, etc.) or is irregular enough to attract attention, when measured at 1 metre from the facade of any nearby residential properties.

 

5.       The protected species mitigation licence approved by Natural England shall be submitted to the Local Planning Authority. The mitigation strategy should clearly detail mitigation requirements, works schedule and Reasonable Avoidance Measures (RAMs) to be followed during demolition and construction to safeguard protected species and breeding birds from harm, injury, or disturbance during the demolition and construction works.