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Agenda item

Agenda item

20202126 HINCKLEY ROAD, WESTERN PARK OPEN AIR SCHOOL

Minutes:

20202126 - Hinckley Road, Western Park Open Air School

Ward: Western

Proposal: Change of use to office (use class E(g)(i)) and community building with cafe; demolition of two buildings and fire damaged elements; construction of three new elements/extensions; construction of bridge over watercourse; new internal driveway and external lighting (Amended plans 17.03.2022 and 25.03.2022)

Applicant: WPOAS Limited

 

The Planning Officer presented the application and noted that the presentation would also cover the second application on the listed building consent.

 

Machaila Smith delivered a representation in objection 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 speakers, and moved that in accordance with the Officers recommendation, the application be approved subject to the conditions set out. This was seconded by Councillor Broadwell 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.           No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to and approved in writing by the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

              (a) vehicle and pedestrian temporary access arrangements;

              the parking of vehicles of site operatives and visitors;

              (b) the loading and unloading of plant and materials;

              (c) the storage of plant and materials used in constructing the development;

              (d) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

              (e) wheel washing facilities;

              (f) measures to control the emission of dust and dirt during construction;

              (g) measures including working hours to minimise the effect of noise on neighbouring occupiers;

              (h) a scheme for recycling/disposing of waste resulting from demolition and construction works;

              (i) measures to ensure that flood risk is managed on site during the period of works for personnel, plant and members of the public;

              (j) measures to ensure that flood risk is not increased anywhere outside of the site for the duration of the works;

              (k) measures to ensure that pollution and sedimentation is minimised to any adjacent watercourse and the procedure to be used in case of a pollution incident;

              (l) measures to ensure that the structure of any adjacent watercourse is not affected by the proposed development.

              (To ensure the satisfactory development of the site, and in accordance with saved policies AM01, PS11 and UD06 of the City of Leicester Local Plan and Core Strategy policies CS03 and CS17.  In order to ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

3.           Before any development takes place 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.  The use shall not commence until the system has been installed in accordance with the approved details and is operational.  It shall thereafter be managed and maintained in accordance with the approved details. Those details shall include:

              (a) full design details including sections of the attenuation features;

              (b) a water quality assessment;

              (c) a timetable for its implementation; and

              (d) 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. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

4.           Before any development takes place (including demolition, ground works and vegetation clearance) a construction environmental management plan (CEMP) shall be submitted to and approved in writing by the local planning authority.  The CEMP shall include the following details:

              (a) Risk assessment of construction activities with the potential to cause harm to biodiversity;

              (b) identification of "biodiversity protection zones";

              (c) measures (both physical and working practices) to avoid or reduce impacts during construction including use of suitable roofing materials to minimise effects on Bats;

              (d) the location and timing of sensitive works to avoid harm to biodiversity features;

              (e) times during construction when specialist ecologists shall be present on site to oversee works;

              (f) responsible persons and lines of communication;

              (g) the role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person;

              (h) use of protective fences, exclusion barriers and warning signs.

              The approved CEMP shall be adhered to throughout the construction period.

              (In the interests of amenity and biodiversity, and in accordance with saved policy UD06 of the City of Leicester Local Plan and Core Strategy policies CS03 and CS17.  In order that the details can be agreed in time to be incorporated into the development this is a PRE-COMMENCEMENT condition).

 

5.           Before any development takes place a detailed landscape and ecological management plan (LEMP) showing the treatment and maintenance of all parts of the site which will remain unbuilt upon shall be submitted to and agreed in writing by the local planning authority.  The scheme shall include details of:

              (a) the position and spread of all existing trees, shrubs and hedges to be retained or removed;

              (b) new tree and shrub planting, including plant type, size, quantities and locations;

              (c) sections of and planting to the attenuation features;

              (d) a detailed plan of biodiversity enhancements on the site including a management scheme to protect habitat during site preparation and post-construction;

              (e) details of the make, type and location of six bird boxes/tiles/bricks and six bat boxes/tiles/bricks to be installed on buildings/trees and two hedgehog boxes, all to be sited and installed 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 and a written assessment of the landscaped/habitat areas and use by wildlife/species present shall be submitted annually to the local planning authority.

              (In the interests of amenity and biodiversity, and in accordance with saved policy UD06 of the City of Leicester Local Plan and Core Strategy policies CS03 and CS17.  In order that the details can be agreed in time to be incorporated into the development this is a PRE-COMMENCEMENT condition).

 

6.           Before any development takes place a detailed design plan of lighting to be used across the site, including the main Park driveway, shall be submitted to and approved in writing by the local planning authority.  The details shall include:

              (a) the locations of lights, their type of light emittance and wavelength, together with a lux contour map showing the variation in light;

              (b) hours of operation of the lighting and details of the operating hours of the approved office development.

              The lighting shall 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 completed and operational prior to the development being brought into use and shall be retained thereafter.  No additional lighting shall be installed other than in accordance with details that have previously been submitted to and approved in writing by the local planning authority.  (In the interests of public safety and protecting wildlife habitats and in accordance with Core Strategy policies CS03 and CS17 and paragraph 180 of the National Planning Policy Framework.  In order that the details can be agreed in time to be incorporated into the development this is a PRE-COMMENCEMENT condition).

 

7.           No development shall take place until details including a manufacturer's specification and permeability details of the replacement and new external surfacing have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

              (In the interests of amenity and sustainability and in accordance with Core Strategy policies CS02 and CS03.)

 

8.           The development shall not be occupied until remedial works to the road markings on the Western Park access driveway have been carried out in accordance with details that have previously been submitted to and approved in writing by the Local Planning Authority.

              (In the interests in public safety, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

              (For the avoidance of doubt, the details approved as part of this permission are insufficient to address this condition).

 

9.           Before any development takes place details of the vehicular access to the upper car park and the main bin store as shown on drawing shall be submitted to and approved in writing by the local planning authority.  The details shall include:

              (a) Plans, sections and levels;

              (b) details of the construction of the retaining walls;

              (c) details of tree removal and protection measures;

              (d) details of surfacing;

              (e) details of enclosure to the bin store.

              Development shall be carried out in accordance with the approved details and the ramp and bin store shall be provided prior to the development being brought into use.

              (To ensure the satisfactory development of the site, and in accordance with saved policies AM01 and UD06 of the City of Leicester Local Plan and Core Strategy policy CS03.  In order to ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

10.         No development shall take place (other than site clearance) until details of the proposed new footbridge adjacent Building 8, as shown on drawing, have been submitted to and approved in writing by the local planning authority.  The bridge shall be installed and open for use prior to the development being brought into use, and shall be retained and available for use at all times when the site is open for use.  (In the interests of the safety of users of the site and in accordance with saved policies AM01 and AM02 of the City of Leicester Local Plan).

 

11.         The development shall not be occupied until a waste management plan has been submitted to and approved in writing by the local planning authority.  The Plan shall include details of:

              (a) location and surfacing of refuse collection point(s) and refuse store(s);

              (b) signage directing occupants to the refuse collection point(s)/refuse store(s) and advising them of contact details for the management company, such signage to be retained throughout the lifetime of the development and updated within seven days when such contact details change;

              (c) provision for persons with mobility and other limitations to use the refuse collection point(s) and refuse store(s);

              (d) arrangements for cleaning and maintenance of the refuse collection point(s) and refuse store(s);

              (e) contact details for any management company responsible for the site;

              (f) provision for any change to the management company, or change to contact details for that company, to be advised to the local planning authority within seven days of the change of responsibility or details taking effect.

              The development shall not be occupied or used other than in accordance with the approved plan.

              (To ensure adequate facilities for the storage and collection of refuse and to protect the amenity of the area in accordance with Core Strategy policy CS03).

 

12.         The development shall be managed and operated in full accordance with a Management Plan, the details of which shall be submitted to and approved in writing by the local planning authority before the first occupation of the development.  The management plan shall set out procedures for:

              (a) hours of operation of the site and arrangements for closure of the car park during the hours when the main park gates are closed;

              (b) how servicing and deliveries will be managed;

              (c) the security of the development and its occupiers including any gate to the footbridge;

              (d) maintaining the external areas of the site;

              (e) operation of the site vehicle gate and control of access;

              (f) advising the local planning authority of the contact details for site management.

              (To ensure the development is properly managed so as to minimise its effect on the surrounding area and in the interests of the safety and security of its occupiers in accordance with the aim of Core Strategy policies CS03, CS06 and CS15 and policy PS10 of the City of Leicester Local Plan.)

 

13.         The development shall not be occupied until a Travel Plan for the development has been submitted to and approved in writing by the local planning authority.  The Plan shall be carried out in accordance with a timetable to be contained within the  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 AM11 of the City of Leicester Local Plan and Core Strategy CS14 and CS15).

 

14.         Before the installation of the gate to the vehicle bridge, details of the gate including design and operation shall be submitted to and approved in writing by the local planning authority.  The gate shall be installed and operated thereafter in accordance with the approved details.  (In the interests of safety and security and in accordance with Core Strategy policy CS03.)

 

15.         All development including the installation of the lighting to the Park driveway shall be carried out in accordance with the details contained within the document Arboricultural Impact Assessment and Method Statement reference AAAIAWEST dated 6 April 2022.

              (In the interests of amenity, and in accordance with saved policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS03.)

              (The applicant's attention is drawn to the requirement to comply with NJUG requirements.)

 

16.         Development shall take place in accordance with the Construction Management Recommendations within the Badger Survey report reference BS/BC/Open Air/v2 dated 15 March 2022, Section 6 (P7/8).   (In the interests of biodiversity and avoiding harm to a protected species and in accordance with Core Strategy policy CS17.)

 

17.         The development shall not be brought into use until facilities for the charging of electric vehicles have been provided to each of the two car parking areas and at least one cycle parking area, and shall be available at a minimum of one accessible car parking space in each of the upper and lower parking areas, and a minimum of five other car parking spaces and five cycle parking spaces.  (In the interests of energy efficiency and sustainable travel and in accordance with Core Strategy policy CS02).

 

18.         The development shall not be occupied until cycle parking has been provided in full accordance with the details shown on the approved plans. The cycle parking shall be retained thereafter for use in connection with occupation of the approved development. (In the interests of the satisfactory development of the site and in accordance with saved policy AM02 of the City of Leicester Local Plan).

 

19.         Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification), and notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, (or any order revoking and re-enacting that Order with or without modification), the buildings labelled Building One to Building Seven on drawing 28806(P-20)101 revision S shall be used only as offices falling within Use Class E(g)(i) of the Town and Country Planning (Use Classes) Order 1987 (as amended) (as it existed at the date of permission) and for no other use within that or any use class.  (To ensure that full consideration is given to any alternative use).

 

20.         Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification), and notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, (or any order revoking and re-enacting that Order with or without modification), the building labelled Building Eight on drawing shall be used only as a mixed use of cafe and community facility and for no other use.  (To ensure that full consideration is given to any alternative use).

 

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

              Proposed site layout, drawing no 28806(P-20)101 revision S received 17/3/2022

              Site layout including Hinckley Road, drawing no 28806(P-20)107 revision F, received 17/3/2022

              Building 1 floor plans, drawing no 28806(P-20)203 revision C, received 2/9/2021

              Building 1 elevations and sections, drawing no 28806(P-20)205 revision C, received 2/9/2021

              Building 2 floor plans, drawing no 28806(P-20)206 revision D, received 2/9/2021

              Building 2 elevations and sections, drawing no 28806(P-20)207 revision D, received 2/9/2021

              Building 3 floor plans, drawing no 28806(P-20)208 revision D, received 2/9/2021

              Building 3 elevations and sections, drawing no 28806(P-20)209 revision D, received 2/9/2021

              Buildings 1, 2, 3 floor layout, drawing no 28806(P-20)201 revision D, received 2/9/2021

              Buildings 1, 2, 3 front elevations, drawing no 28806(P-20)202 revision C, received 2/9/2021

              Building 4 floor plans, drawing no 28806(P-20)210 revision C, received 2/9/2021

              Building 4 elevations, drawing no 28806(P-20)211 revision C, received 2/9/2021

              Building 4 elevations and sections, drawing no 28806(P-20)212 revision E received 21/10/2021

              Building 5/6 floor plans, drawing no 28806(P-20)213 revision C received 2/9/2021

              Building 5/6 elevations and sections, drawing no 28806(P-20)214 revision C received 2/9/2021

              Building 5/6 elevations and sections, drawing no 28806(P-20)215 revision D received 2/9/2021

              Building 7 floor plans, drawing no 28806(P-20)216 revision C, received 2/9/2021

              Building 7 elevations and sections, drawing no 28806(P-20)217 revision D received 2/9/2021

              Building 8 floor plans, drawing no 28806(P-20)218 revision D received 12/7/2022

              Building 8 elevations and sections, drawing no 28806(P-20)219 revision D, received 2/9/2021

              Pergola, drawing no 28806(P-20)111 revision A received 26/10/2021

              Bin store (Building 8), drawing no 28806(P-20)105 revision B, received 12/10/2021

              Bridge link adjacent Building 8, drawing no 28806(P-20)106 revision B, received 2/9/2021

              Cycle storage, drawing no 28806(P-20)103 revision B, received 2/9/2021

              (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 2021 is considered to be a positive outcome of these discussions.

             

 

2.           Further to condition 16 above, the mitigation measures include the need for a pre-commencement badger survey and inclusion of a 20m exclusion zone to be erected around the site to protect badger setts.  If any partially/active setts fall within the 20m exclusion zone, temporary closure under Natural England licence will be necessary throughout the duration of nearby works.  In this case all works should cease and any mitigation measures be reviewed by the LPA.

 

3.           Birds

              Development on the site should 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 have to 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.

Supporting documents: