Agenda item

20250364 - 123 and 123A Belgrave Gate

Ward: Castle

Proposal: Change of use of first floor, second floor and roof space from offices to 5 flats (2x2 bed, 3x1 bed); construction of first and second floor extension at rear, dormer at rear, roof lights at  front(Class C3); bin and cycle storage, alterations (Amendments)

Applicant: Valance property limited

Councillor Modhwadia withdrew from the meeting.

The Planning Officer presented the report.

Members of the Committee considered the report based on its own merits.

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 Moore 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.         Prior to the commencement of development, full joinery details including horizontal and vertical cross sections of all windows (scale 1:5) and doors (scale 1:5) types on the restored front elevation shall be submitted to and approved in writing by the local planning authority. The works shall be carried out in accordance with the approved details and retained thereafter.  (In the interests of visual amenity and character and appearance of locally listed building, and in accordance with Core Strategy policy CS03 and CS18. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

3.         Prior to the commencement of development, the details of all external materials including bricks, bonding and mortar, roof tiles, roof lights, details of new door to the side elevation facing Jubilee Road shall be submitted to and agreed in writing with local planning authority.  (In the interests of visual amenity and character and appearance of the locally listed building, and in accordance with Core Strategy policy CS03 and CS18. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

4.         Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, as amended, or any order amending or revoking and replacing that Order with or without modification, the premises shall not have its main use as a restaurant (Class E(b)), indoor sport facility (Class E(d)), provision of medical or health services (Class E(e)), creche, day nursery or day centre (Class E(f)), research/development of products or processes (Class E(g)(ii)) or light industry (Class E(g)(iii)) use, unless agreed in advance in writing by the Local Planning Authority. (To enable consideration of the residential amenity, parking and highway safety impacts of alternative Class E uses, in accordance with Policies CS03 and CS15 of the Leicester Core Strategy (2014) and saved Policies PS10 and PS11 of the Local Plan (2006).)

5.         Prior to the first occupation of the development all details and recommendations in the submitted Environmental Noise Impact Assessment by Impact Acoustics (ref: IMP7901) received 07/07/2025 shall be fully implemented. The installations shall be retained and maintained thereafter. (To achieve satisfactory living conditions for future occupiers of the development and in accordance with saved policies PS10 and PS11 of the City of Leicester Local Plan).     

6.         Prior to the first occupation of the development all details and recommendations for the ventilation strategy submitted within Approved Document Part O Compliance Report by Build Energy received 17/11/2025 shall be fully implemented. The installations shall be retained and maintained thereafter. (To achieve satisfactory living conditions for future occupiers of the development and in accordance with saved policies PS10 and PS11 of the City of Leicester Local Plan).

7.         The development shall be carried out in accordance with the recommendations within the approved Redmore Environmental Air Quality Assessment with particular reference to Table 17 and Section 5 - Construction Phase Assessment. (In the interests of residential amenity and in accordance with saved policy PS11 of the City of Leicester Local Plan and Core Strategy policy CS02)

8.         The recommendations shall be implemented in accordance with the details submitted within Bat Emergence Survey report (Eco360, May 2025) received 20/05/2025. (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).

9.         Should the development not commence within 24 months of the date of the last protected species survey (Preliminary Roost Assessment dated March 2025) then a further protected species survey shall be carried out of all species by a suitably qualified Ecologist. The survey results and any revised mitigation shall be submitted to and approved in writing by the Local Planning Authority and any identified mitigation measures carried out in accordance with the approved plan. Thereafter the survey shall be repeated biennially and any mitigation measures submitted and 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).

10.       No part of the development shall be occupied until secure and covered cycle parking has shown on the approved plans be provided and retained thereafter. (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).     

11.       No part of the development shall not be occupied until the store for refuse bins has been provided in accordance with the approved plans. 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).

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

            VD25785 A.08 - Existing and Proposed Site Plan received 07/04/2025

            VD25785 A.04 - Proposed Floor Plans received 13/11/2025

            VD25785 A.05 - Proposed Floor Plans received 02/07/2025

            VD25785 A.06 - Proposed Floor Plan received 02/07/2025

            VD25785 A.09 - Existing and Proposed Roof Plan received 07/04/2025

            VD25785 A.10 - Existing and Proposed Front Elevations received 19/11/2025

            VD25785 A.11 - Existing and Proposed Rear Elevations received 27/11/2025

            VD25785 A.12 and 13 - Existing and Proposed Side Elevations received 27/11/2025 and 16/12/2025

            Joinery Details received 29/09/2025

            (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.         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).