Agenda item

20250833 - 30 East Street, St Johns House

Ward: Castle

Proposal: Change of use of office building (Class E) to student accommodation (114 studios & 7 cluster flats) (Sui Generis); construction of single storey infill extension at front; parking, landscaping & alterations (amended plans 08/08/2025)

Applicant: Hannah Yates

 

The Planning Officer presented the report.

 

Ms Kirstie Clifton addressed the Committee and spoke in favour of the application.

 

Councillor Kitterick addressed the Committee and spoke in opposition to the application.

 

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

 

Councillor Agath entered the meeting, and the Chair informed them that they would be unable to vote on the current application due to not having been present for the item.

 

The Chair summarised the application and the points raised by Members of the Committee and moved that in accordance with officer recommendation, the application be approved. This was seconded by Councillor Russell and upon being put to the vote, the vote was tied, 4 votes for, and 4 votes against.

 

Upon being faced with a split vote, the Chair used their casting vote to vote in favour of the motion, and the motion was CARRIED.

 

RESOLVED: permission was granted subject to conditions and section 106 agreement. 

 

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 building shall be maintained at all times from first occupation of the new use to meet the minimum facade sound insulation treatment in table 1 of the noise impact assessment (apex, ref 12135.1). (To avoid harmful noise impacts to future residents, in accordance with Local Plan 2006 saved policy PS11).

 

3.       Prior to occupation of any units, either:

          a) an assessment of overheating, (TM59 assessment) including details of ventilation arrangements that adequately mitigate overheating, shall have been submitted to and approved in writing by the local planning authority, or

          b) details of mechanical ventilation that allows for 4 air changes per hour and does not exceed 30dB(A) in bedrooms, and 35dB(A) in living rooms shall have been submitted to and approved in writing by the local planning authority.

          Measures within the agreed details shall be implemented prior to occupation of the flats, retained as such and at the same minimum performances indicated above for 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.

 

4.       All building works shall incorporate dust mitigation methods detailed on pages 45-46 of the Air Quality Assessment (Tetra Tech, 784-B07567) (to ensure dust impacts to the surrounding area are mitigated, in accordance with Local Plan 2006 saved policy PS11).

 

5.       Development and use of the site shall take place in full accordance with the Gateway One Fire Statement and RIBA Stage 2 fire strategy (OrionFire engineering, ref OF-001815-OFS-01). (To accord with article 9a of the Development management procedure order).

 

6.       The development shall not be occupied until the approved store for refuse bins has been provided in full accordance with the approved plans and are accessible to all occupiers. The bin store shall be retained thereafter for the storage of refuse in connection with the use and occupation of the development and all refuse bins shall be kept within the designated area other than on refuse collection days. (To ensure adequate facilities for the storage and collection of refuse and to protect the amenity of the area in accordance with saved policy H07 of the City of Leicester local plan and Core Strategy policy CS03).

 

7.       The flats shall only be occupied by students enrolled on full-time courses at further and higher education establishments, or students working at a medical or educational institution as part of their medical or education course. The owner, landlord or authority in control of the development shall keep an up-to-date register of the name of each person in occupation of the development together with course(s) attended, and shall make the register available for inspection by the Local Planning Authority on demand at all reasonable times. (To enable the Local Planning Authority to consider the need for affordable housing in accordance with Core Strategy Policy CS07, and residential amenity standards for any alternative residential use in accordance with saved policies H07 and PS10 of the City of Leicester Local Plan and Core Strategy policies CS03 and CS06, and parking provision in accordance with saved policies AM02 and AM12 of the City of Leicester Local Plan.)

 

8.       Prior to commencement of operational development, specifications for all new external materials to be used shall be submitted to and approved in writing by the local planning authority. Development shall be carried out in full accordance with the approved details (In the interests of visual amenity, and in accordance with Core Strategy policy CS03).

 

9.       Development shall incorporate the energy efficiency measures as described within pages 12 to 14 of the submitted Energy Statement Ref: P7883-FUT-XX-XX-RP-ME-0001, such measures to be operational prior to first occupation and retained thereafter. No part of the development shall be occupied until evidence demonstrating satisfactory installation and operation of the approved scheme including on-site installation has been submitted to and approved in writing by the Local Planning Authority. (In the interests of securing energy efficiency in accordance with Policy CS02 of the Core Strategy).

 

10.      Notwithstanding the submitted energy statement, details of connection to the Leicester District Energy Company (LDEC) district heat network shall be submitted to and approved in writing by the local planning authority, or should the use of district heating be proven to be unfeasible or non-viable, then details of alternative energy efficient, low carbon heating options shall be submitted to and approved in writing by the local planning authority. Development shall incorporate the further connection or heating infrastructure prior to first occupation and retained thereafter. (In the interests of securing energy efficiency in accordance with Policy CS02 of the Core Strategy).

 

11.      Prior to the first occupation of any studio or cluster flat, the occupiers of each of the studio or cluster flats and employees of the facility shall be provided with a ‘Travel Pack'. The contents of this shall be submitted to and approved in writing in advance by the local planning authority and shall include walking, cycling and bus maps, latest relevant bus timetable information and bus travel and cycle discount vouchers. (In the interest of sustainable development and in accordance with saved policy AM02 of the City of Leicester Local Plan and policy CS14 of the Core Strategy).

 

12.      No part of the development shall be occupied until secure and covered cycle parking has been provided in full accordance with the approved plans . The cycle parking shall be retained thereafter for its designated use. (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).

 

13.      Before the occupation of any part of the development, all parking areas shall be surfaced and marked out in full accordance with the approved plans. The parking areas shall be retained for parking and not used for any other purpose throughout the lifetime of the development. (To ensure that parking can take place in a satisfactory manner, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

14.      The access onto Arnhem Street shall be retained for pedestrian and cyclist use only. Prior to the occupation of any part of the development, measures shall be implemented to prevent vehicular access into the site from Arnhem Street in accordance with details first submitted to and approved in writing by the local planning authority.  (For the safety and convenience of pedestrians, cyclists and other road users, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

15.      Recommendations within the Preliminary Ecological Appraisal and Roost Assessment (Arbtech) which require adherence to specified working procedures to protect or avoid disturbance for bats (page 7), birds (page 9) and hedgehog (pages 12 & 13) must be followed during the development works. (In the interest of avoiding harmful impacts to biodiversity in accordance with Core Strategy policy CS17).

 

16.      Prior to commencement of works above slab level, details of the type and location of 3 x bird boxes (suitable for Swift) and 2 x bat boxes to be incorporated within the elevations of the proposed building shall have been submitted to and agreed in writing with the local planning authority. The locations should be determined by an ecologist who should also supervise their installation. The development shall be carried out in full accordance with the agreed details with the agreed features retained thereafter. (In the interest of biodiversity and in accordance with NPPF (2024), Policy CS 17 Biodiversity of the Core Strategy).

 

17.      Should the development not commence within 24 months of the date of the last protected species survey (18/10/2024), then a further protected species survey shall be carried out of all buildings 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 biennially and any mitigation measures reviewed by the LPA 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 CS 17 of the Core Strategy).

 

18.      Prior to commencement of development, a Biodiversity Gain Plan (BGP) shall be submitted to and approved in writing by the local planning authority. Development shall take place in full accordance with the approved BGP details. (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).

 

19.      The development shall not commence until a 30 year Habitat Monitoring and Management Plan (HMMP), prepared in accordance with an approved Biodiversity Gain Plan, has been submitted to and approved in writing by the local planning authority. The approved HMMP shall be strictly adhered to and implemented in full for its duration and shall contain the following:

a) Description and evaluation of the features to be managed;

b) Ecological trends and constraints on site that may influence management;  

c) Aims, objectives and targets for management;

d) Description of the management operations necessary to achieving aims and objectives;

e) Preparation of a works schedule, including annual works schedule;

f) Details and a timetable of the monitoring needed to measure the effectiveness of management;

g) Details of the persons responsible for the implementation and monitoring;

h) mechanisms of adaptive management to account for necessary changes in work schedule to achieve the required targets; and

i) Details of methodology and frequency of monitoring reports to be submitted to the Local Planning Authority to assess biodiversity gain.

(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).

         

 

20.      Prior to commencement of development, an Arboricultural Method Statement (AMS) shall be submitted to and agreed in writing with the local planning authority. The AMS shall include: A schedule and specification of tree removal and pruning works; Specifications for tree protection barriers and ground protection; Procedures for any specialist construction techniques / any supervised excavations within RPAs; Phasing of work; Site monitoring (where required); a Tree Protection Plan & details of the new tree planting with a specific management plan. Development shall take place in full accordance with the approved arboricultural method details. (To ensure satisfactory development of the site with regard to arboricultural considerations in accordance with Local Plan saved policy UD06).

 

21.      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).

 

22.      Prior to the commencement of development details of drainage, shall be submitted to and approved by the local planning authority. No flat shall be occupied until the 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).

 

23.      a) Prior to the commencement of development, the site shall be investigated for the presence of land contamination in accordance with paragraph 6.3 of the submitted preliminary risk assessment (IDOM, ref PRA-22691-24-364), and a Site Investigation Report incorporating a risk assessment and, if required, scheme of remedial works to render the site suitable and safe for the development, shall be submitted to and approved in writing, by the local planning authority.

          b) Prior to the occupation of any flat, the approved remediation scheme shall be implemented, and a completion report shall be submitted to and approved in writing, by the local planning authority.

          c) Prior to the occupation of any flat, any parts of the site where contamination was previously unidentified and found during the development process shall be subject to remediation works carried out and approved in writing, by the local planning authority. The report of the findings shall include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: human health, property (existing or proposed) including buildings, pets, service lines and pipes, adjoining land, ground waters and surface waters, ecological systems; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This shall be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11". (To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy PS11 of the City of Leicester Local Plan.)

 

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

          273-DEN-ZZ-ZZ-DR-A-4002         Proposed Cycle & Bin Store          Revision A received 23 May 2025

          273-DEN-ZZ-ZZ-DR-A-3000         Proposed Sections Revision D received 9 June 2025

          121-DAC-PL-001 P3         Landscape General Arrangements Revision P3 received 8 August 2025

          121-DAC-PL-002 P3         Detailed Planting Plan 1 of 2 Revision P3 received 8 August 2025

          121-DAC-PL-003 P3         Detailed Planting Plan 2 of 2 Revision P3 received 8 August 2025

          273-DEN-00-ZZ-DR-A-1002         Proposed Site Plan Revision K received 8 August 2025

          273-DEN-ZZ-ZZ-DR-A-2002         Proposed Floor Plans 1 of 2 Revision J received 8 August 2025

          273-DEN-ZZ-ZZ-DR-A-2003         Proposed Floor Plans 2 of 2 Revision J received 8 August 2025

          273-DEN-ZZ-ZZ-DR-A-4003         Proposed Elevations Revision F 1 of 2 received 8 August 2025

          273-DEN-ZZ-ZZ-DR-A-4004         Proposed Elevations Revision F 2 of 2 received 8 August 2025

          (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/or 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-documents/

          As this is a new document it will be kept under review.  We therefore invite comments from users to assist us in the ongoing development of the guide.

 

3.       The Highway Authority’s permission is required under the Highways Act 1980 and the New Roads and Street Works Act 1991 PRIOR to undertaking any works on or in the highway:

          •         The Highway Authority’s permission is required under the Highways Act 1980 and the New Roads and Street Works Act 1991 PRIOR to undertaking any works on or in the highway: For alterations to the existing highway, the applicant must enter into an Agreement with the Highway Authority under Section 278 of the Highways Act 1980. The costs associated with any temporary traffic management, licences and Temporary Traffic Regulation Orders (TTROs) which may be required to facilitate works during construction will need to be covered by the applicant.

          •         For alterations to provide new footway crossings (dropped kerbs), the applicant must obtain approval from the Local Highway Authority for construction of a dropped kerb before undertaking any works. Leicester City Council no longer construct dropped kerbs on behalf of applicants. Therefore, you will need to find a suitable contractor that meets the criteria, which will be explained through the approval process.

          The Applicant is advised to contact highwaysdc@leicester.gov.uk for information regarding obtaining approvals, setting up Agreements and/or to discuss the requirements to enable the processing of SLOs and TROs.

          With regards to the Travel Pack the contents of the pack are intended to raise the awareness and promote sustainable travel, in particularly for trips covering local amenities. The applicant should contact highwaysdc@leicester.gov.uk for advice.