Agenda item

20220701 - 5 Pendene Road

Ward: Knighton

Proposal: Demolition of garage and construction of two storey dwellinghouse (1 bed) (Class C3); installation of gates/fence and hard surfacing and removal of gate and fence to front.

Applicant: Mr and Mrs Sultan

The Planning Officer presented the application and drew Members’ attention to the addendum report.

Mrs Sultan, the applicant delivered a representation to the Committee in support of the application.

Ian Brown and Wendy Hubbard delivered a representation and spoke in objection to the application.

Councillor March, as the local Ward Councillor spoke in support of the application.

Councillor Whittle, as the local Ward Councillor spoke in objection to 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 in the report and the addendum. 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.           Prior to the commencement of development details of drainage, shall be submitted to and approved in writing by the local planning authority. No property 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. 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 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. No property shall be occupied until the system has been implemented in full. 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. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

4.           Prior to any works above foundation level, the materials to be used on all external elevations and roofs shall be submitted to and approved in writing by the local planning authority. The development shall be constructed in accordance with the approved materials. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3).

5.           Notiwthstanding the approved plans, prior to the commencement of any works above ground, a detailed landscaping scheme showing the treatment of all parts of the site which will remain unbuilt upon shall be submitted to and approved by the City Council as 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; (vi) any changes in levels; (vii) the position and depth of service and/or drainage runs (which may affect tree roots). The approved landscaping scheme shall be carried out within one year of completion of the development. For a period of not less than five 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 policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS3.To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

6.           The development shall not commence above ground level until details of the type and location of 2 x integrated bat bricks and 1 x sparrow terrace to be incorporated within the elevations of the proposed building have been submitted to and approved in writing by 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 accordance with the agreed details and the agreed features retained thereafter. (In the interest of biodiversity and in accordance with NPPF (2021), Policy CS 17 Biodiversity of the Core Strategy).

7.           Prior to first occupation of the dwelling, details of arrangements for storage of bins and collection of waste have been submitted to and approved in writing by the local planning authority. These arrangements shall be maintained thereafter. (In the interests of the amenities of the surrounding area, and in accordance with saved policies UD06 and PS10 of the City of Leicester Local Plan and Core Strategy policy CS03.)

8.           Before the occupation of the proposed dwelling the dormer windows facing 3 and 5 Pendene Road shall be obscurely glazed to Pilkington level 4 or 5 (or equivalent) and non-opening (with the exception of top opening light) and retained as such. (In the interests of the amenity of occupiers of 3 and 5 Pendene Road and in accordance with saved policy PS10 of the City of Leicester Local Plan).

9.           The dwelling and its associated parking and approach shall be constructed in accordance with 'Category 2: Accessible and adaptable dwellings M4 (2) Optional Requirement. On completion of the scheme and prior to the occupation of the dwelling a completion certificate signed by the relevant inspecting Building Control Body shall be submitted to and approved in writing by the local planning authority certifying compliance with the above standard. (To ensure the dwelling is adaptable enough to match lifetime's changing needs in accordance with Core Strategy policy CS06)

10.         Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no enlargement, improvement or other alteration to any dwelling house of types specified in Part 1, Classes A and B of  Schedule 2 to that Order shall be carried out without express planning permission having previously been obtained. (Given the nature of the site, the form of development is such that work of these types may be visually unacceptable or lead to an unacceptable loss of amenity to occupiers of the property and/or neighbouring properties; and in accordance with saved policy PS10 of the City of Leicester Local Plan).

11.         Before any equipment, machinery or materials are brought on to the site for the purposes of the development, all existing trees, shrubs or hedges to be retained on or adjacent to the site shall be protected by fencing in accordance with British Standard BS 5837:2012. The location of the protective fencing shall not be within the root protection area of all retained trees. The fencing shall be maintained until all equipment, machinery and any surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and no alteration to the ground level shall be made without the prior written approval of the local planning authority unless this is clearly indicated on the approved plans. (To minimise the risk of damage to trees and other vegetation in the interests of amenity, and in accordance with saved policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS03.

12.         Should the development not commence within 24 months of the date of the last protected species survey (22/06/2022), then a further protected species survey shall be carried out of all buildings [trees and other features] by a suitably qualified ecologist. The survey results and any revised mitigation shall be submitted to and approved in writing with the Local Planning Authority and any identified mitigation measures carried out in accordance with the approved details. Thereafter the survey should be repeated annually and any mitigation measures reviewed by the Local Planning Authority until the development commences. (In the interest of biodiversity and in accordance with Core Strategy policy CS17 and section 15 of the NPPF 2021).

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

              DSA-19146-PL-PRO-02-210322, Proposed Site Plan and Street Scene, received 28/03/2022; and

              DSA-19146-PL-PRO-01-A-210322, Proposed Plans and Elevations, received 28/03/2022.

              (For the avoidance of doubt).

              NOTES FOR APPLICANT

1.           All foundations, gutters and downpipes should be wholly within the application site. No permission is granted or implied for any development (including any overhanging projection/s) outside the application site. The applicant may need to enter into a Party Wall Agreement.

2.           To meet condition 9 All those delivering the scheme (including agents and contractors) should be alerted to this condition, and understand the detailed provisions of Category 2, M4(2). The Building Control Body for this scheme must be informed at the earliest opportunity that the units stated are to be to Category 2 M4(2) requirements. Any application to discharge this condition will only be considered if accompanied by a building regulations completion certificate/s as stated above.

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.

4.           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 during previous applications.

            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.