Agenda item

20213040 - Melton Road , Land North of Sainsburys

Ward: Rushey Mead

Proposal: Construction of a dual brand motor retail facility (Sui Generis), including car showroom, offices, repair, MOT testing and valeting, alongside access, landscaping and associated works

Applicant: Henry Boot Developments Limited

 

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

 

Richard Frudd the applicants agent addressed the Committee and spoke in support of the application.

 

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

 

The Chair summarised the application and points raised by members of the Committee and moved that in accordance with the Officer recommendation, the application be approved subject to the conditions set out in the report and the addendum. This was seconded by Councillor Joshi and upon being put to the vote the motion was CARRIED.

 

RESOLVED:

                           That the application be APPROVED subject to the condition 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 part of the development shall be occupied until 12 secure and covered cycle parking spaces have been provided and retained thereafter. (In the interests of the satisfactory development of the site and in accordance with saved policy AM02 of the City of Leicester Local Plan).

 

3.           No part of the development shall be occupied until an Area Wide Travel Plan for the development has been submitted to and approved in writing by the Local Planning Authority and shall be carried out in accordance with a timetable to be contained within the Travel Plan, unless otherwise agreed in writing by the Local Planning Authority. 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 a 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; (e.) a framework Area Wide Travel Plan, to cover all other development within the adjacent development plots, to share best practice (including marketing/promotion/sharing ideas/monitoring etc.) to encourage use of smarter choices of travel to the site for all users; (f.) a Parking Management Plan/Strategy explaining how parking at the site shall be allocated, managed and monitored. (g) A Delivery Management Plan, to plan deliveries to avoid key peak times for large vehicles to reduce interaction with general traffic headed to adjacent uses. 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 policies CS14 and CS15 of the Core Strategy).

 

4.           No part of the development shall be occupied until the following works have been carried out in accordance with details submitted to and approved in writing in advance by the Local Planning Authority: (a) surfacing and marking out of all parking areas; (b) provision of loading/unloading areas; (c) provision of turning space, (d) provision of EVC spaces and infrastructure to support future conversion of all active parking spaces to EVC spaces. The parking, loading/unloading areas and turning space shall not be used for any other purpose. (In the interests in highway safety, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

5.           No construction or demolition work, other than unforeseen emergency work, shall be undertaken outside of the hours of 0730 to 1800 Monday to Friday, 0730 to 1300 Saturday or at any time on Sundays or Bank Holidays, unless the methodology has been submitted to the City Council Noise Team. The methodology must be submitted at least 10 working days before such work commences and agreed, in writing, by the City Council Noise Team.

              The City Council Noise Team shall be notified of any unforeseen emergency work as soon as is practical after the necessity of such work has been decided by the developer or by anyone undertaking the works on the developer’s behalf. (In the interests of neighbour amenity and in accordance with saved policies PS10 and PS11 of the City of Leicester Local Plan).

             

 

6.           The recommended remediation scheme and any further necessary remediation shall be implemented in accordance with the Remediation Strategy (Ref: 079598-CUR-XX-XX-T-GE-00003, October 2021, Curtins) and a completion report shall be submitted to and approved in writing by the Local Planning Authority before any part of the development is occupied. 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 prior to the occupation of the development. 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 saved policy PS11 of the City of Leicester Local Plan.)

 

7.           The development hereby permitted shall be carried out in accordance with the details as contained in Appendix G of the Air Quality Assessment (Project 442563, May 2017, RSK Environment Ltd). (In the interests of air quality and residential amenity, and in accordance with saved policy PS10 of the City of Leicester Local Plan).

 

8.           Prior to the commencement of development full design details of energy efficiency measures including a solar PV array, shall be submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied until evidence demonstrating the satisfactory operation of the approved scheme including on-site installation has been submitted to and approved in writing by the Local Planning Authority. The energy efficiency measures shall be retained and maintained thereafter. (In the interests of securing energy efficiency and in accordance with Core Strategy policy CS02). (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

9.           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. The use shall not commence 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). (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

10.         Prior to the commencement of development details of drainage, shall be submitted to and approved in writing by the Local Planning Authority. The use shall not commence 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 approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

11.         Prior to the commencement of development, a Construction Method Statement, with consideration being given to the water environment and flood risk management in addition to highways, shall be submitted to and approved in writing by the Local Planning Authority. The approved Construction Method Statement shall be adhered to throughout the construction period. The Statement shall provide for: (i) the vehicle and pedestrian temporary access arrangements including the parking of vehicles of site operatives and visitors; (ii) the loading and unloading of plant and materials; (iii) the storage of plant and materials used in the development; (iv) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; (v) wheel washing facilities; (vi) measures to control the emission of dust and dirt during construction; (vii) a scheme for storage and management of waste resulting from excavation works (viii) the proposed phasing of development and a detailed description of the works in each phase (ix) the temporary access arrangement to the construction site including vehicle/deliveries routing and temporary signage; (x) procedures to ensure flood risk is managed on site during the period of works for personnel, plant and members of the public (xi) the procedures to ensure flood risk is not increased anywhere outside of the site for the duration of the works; (xii) the procedures to ensure pollution and sedimentation is minimised to any adjacent watercourse and the procedure to be used in case of a pollution incident; (xiii) the measures that will be undertaken to ensure the structure of any adjacent watercourse is not impacted by the proposed development. (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 policies CS02 and CS03.) (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

12.         The workshop, MOT testing and valet element of the use hereby permitted shall take place between the hours of 08.00 and 18:00 Monday to Friday and between 08.00 and 13.00 on Saturdays only and at no time on Sundays or public or bank holidays. (In the interests of the amenities of nearby occupiers, and in accordance with saved policy PS10 of the City of Leicester Local Plan.)

 

13.         Deliveries to and collections from the site shall only be undertaken between 08:00 hours and 22:00 hours, with the exception of up to two parts deliveries per day (Mon-Sat) beyond these hours. The out of hours deliveries shall only be made to the parts drop location as indicated on drawing P-1010 Rev E, with no vehicular movements to the rear of the building and in accordance with provisions detailed within a Deliveries Management Plan, which shall have been submitted to and approved in writing by the Local Planning Authority prior to occupation of the development. (In the interest of neighbour amenity and in accordance with saved policy PS10 of the City of Leicester Local Plan.)

 

14.         Prior to the commencement of development, 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 with 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 meadow creation and hedgerow improvements including a management scheme to protect

              habitat during site preparation and post-construction. x) details of the make and type of [2]x bird boxes/tiles/bricks and [2] x bat boxes/tiles/bricks to be erected on buildings and [2] hedgehog boxes to be 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 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 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 in accordance with saved policy UD06 of the City of Leicester Local Plan and Core Strategy policies CS03 and CS17). (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

15.         Prior to the construction of any above ground works, sample panels shall be constructed on site, showing all external materials, for inspection and approval in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved sample panel and materials. (In the interest of visual amenity and character and appearance of the area and in accordance with Core Strategy policy CS03).

 

16.         The development hereby permitted shall be carried out in accordance with the following drawings:

             

              P-1120 Proposed Roof Plan,

              P-1170 Proposed External Elevations,

              P-2100 Proposed Wet Valet Building, received by the Local Planning Authority on 16 December 2021.

             

              P-1100 A Proposed Ground Floor Plan,

              P-1110 B Proposed First Floor Plan,

              P-3100 Proposed Bin Store Details,

              EKV0015 Proposed Substation,

              Proposed Cycle Storage, received by the Local Planning Authority on 14 February 2022.

             

              21-116-P-01 C Detailed Soft Landscape Proposals, received by the Local Planning Authority on 5 May 2022.

               

              P-1010 D E Proposed Site Plan, and

              P-1100 B Proposed Ground Floor Plan, received by the Local Planning Authority on 10 November 2022.

             

              (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.

              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.           No consent is granted or implied for the advertisement shown on the submitted plans, for which a separate application may be necessary.

 

3.           It is unlikely that any construction or demolition work will be agreed outside of the hours detailed above unless the City Council Noise Team is satisfied that

              a)         the work will not be detrimental to occupiers of neighbouring properties or

              b)         the developer is able to demonstrate that there is no practicable alternative to the proposed work taking place outside of these hours.

             

 

4.           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 Local Planning Authority. 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.