20221014 - 53 Francis Street, land to rear of
Proposal: Construction of two storey building to provide two flats (1 x 1 bed & 1 x 2 bed) (Class C3); installation of boundary fence, bin store and cycle stores (AMENDED PLANS RECEIVED 26/08/2022)
Applicant: Ms P Thaker
The Planning Officer presented the application and drew Members’ attention to the addendum report.
Anish Tailor and Poonam Thaker addressed the Committee and spoke in support 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 in the report and the addendum. This was seconded by Councillor Dr Moore and upon being put to the vote, the motion was CARRIED.
That the application be APPROVED subject to the conditions set out below:
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. Construction of the building hereby approved shall not progress beyond damp proof course level until the materials to be used in the finish of the external walls (including the window arches and sills), roof and window frames, and details of the reveal of the windows (including the blind windows), have been submitted to and approved in writing by the local planning authority. The development shall be completed in accordance with the details so approved. (To ensure that the finished development makes a positive contribution to the character and visual quality of the area, in accordance with Policy CS03 of the Leicester Core Strategy (2014)).
3. The height of the fence separating the amenity space of Flat 1 (the ground floor flat) from the rain garden shall not exceed 1 metre, unless otherwise approved in writing by the local planning authority. (To ensure an acceptable quality of outlook from the principal room windows of Flat 1, in the interests of the amenity of the occupiers of the development and in accordance with Policy CS03 of the Leicester Core Strategy (2014) and saved Policy PS10 of the City of Leicester Local Plan (2006)).
4. The development 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 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 Policy CS06 of the Leicester Core Strategy (2014)).
5. The waste and recylcing bins shall be retained on the site in the position marked for this purpose on the approved plans except on the day of collection and on the day prior to collection. (To ensure that the visual quality of the area is not diminished by indiscriminate storage of bins and to prevent avoidable obstruction to pedestrians, in accordance with Policy CS03 of the Leicester Core Strategy (2014) and saved Policy PS10 of the City of Leicester Local Plan (2006)).
6. No part of the development shall be occupied until the cycle parking has been provided in accordance with the approved details. The cycle parking so provided shall thereafter be retained. (To ensure that the development meets the needs of cyclists and encourages more sustainable travel choices, in accordance with Policies CS14 and CS15 of the Leicester Core Strategy (2014) and saved Policy AM02 of the City of Leicester Local Plan (2006)).
7. The development shall not be occupied until a Travel Pack for new residents has been submitted to, and approved in writing by, the local planning authority. The Travel Pack shall include walking, cycling and bus maps, latest relevant bus timetable information and bus travel and cycle discount vouchers. The occupiers of each of the flats shall be provided with a copy of the approved Travel Pack upon their first occupation. (To ensure that the development encourages more sustainable travel choices, in accordance with Policies CS14 and CS15 of the Leicester Core Strategy (2014)).
8. The development shall be constructed to incorporate bird and bat bricks, bee hives and hedgehog holes in accordance with the details shown on the approved plans. The bird and bat bricks, bee hives and hedgehog holes shall thereafter be retained and kept free of obstruction. (To ensure that connections for wildlife on the site are maintained, and in the interest of biodiversity enhancement, in accordance with Policy CS17 of the Leicester Core Strategy (2014)).
9. The development hereby approved shall not commence until a detailed landscape and ecological management plan (LEMP) showing the treatment and maintenance of all parts of the site which will remain unbuilt upon has been submitted to and approved in writing by 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 such as the rainwater garden including a management scheme to protect habitat during site preparation and post-construction. 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 10 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 the visual quality and biodiversity of the area, in accordance with Policies CS03 and CS17 of the Leicester Core Strategy (2014). To ensure that the details are approved in time to inform the construction phase of the development hereby approved, this is a PRE COMMENCEMENT condition).
10. The development hereby approved shall not commence until full details of the Sustainable Drainage System (SuDS) including implementation, long term maintenance and management of the system, has been submitted to and approved in writing by the local planning authority. No flat shall be occupied until the approved 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 Leicester Core Strategy (2014). To ensure that the details are approved in time to inform the construction phase of the development hereby approved, this is a PRE COMMENCEMENT condition).
11. The development hereby approved shall not commence until details of drainage have been submitted to and approved in writing 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 Leicester Core Strategy (2014). To ensure that the details are approved in time to inform the construction phase of the development hereby approved, this is a PRE COMMENCEMENT condition).
12. Development shall be carried out in accordance with the following approved plans: 2022/02/28/E Page 1 of 8 (Ground Floor Plan (1:200)); 2022/02/28/E Page 2 of 8 (Ground Floor Plan (1:100)); 2022/02/28/E Page 3 of 8 (First Floor Plan and Roof Plan); 2022/02/28/E Page 4 of 8 (Elevations B & D); 2022/02/28/E Page 5 of 8 (Elevations A & C); 2022/02/28/E Page 6 of 8 (Fence, Bat Brick, Bird Brick and Beehive Details); 2022/02/28/E Page 7 of 8 (Bin and Cycle Store Details); 2022/02/28/E Page 8 of 8 (Site Location Plan and Proposed Site Plan) - all rec'd 26/08/2022. (For the avoidance of doubt).
NOTES FOR APPLICANT
1. 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:
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.
2. 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 email@example.com.
3. 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 firstname.lastname@example.org for advice.
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/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.