Agenda item

20221334 - 22A Staveley Road

Ward: Stoneygate

Proposal: Demolition of builders yard building; construction of two-storey building to provide 8 flats (1 x 1 bed & 7 x 2 bed) (Class C3) (amended plans)

Applicant: Nico Properties Ltd

 

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

 

Karen Brightman the applicants agent addressed the Committee in support of the application.

 

Shabir Mulla addressed the Committee and spoke in objection to the application.

 

Councillor Rahman addressed the Committee as the local Ward Councillor and spoke in objection to the application.

 

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

 

The Transport Planning Officer provided responses to Members queries and comments around highways related matters.

 

The Chair summarised the application and the 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. This was seconded by Councillor Dr Moore 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 (including the demolition of the existing building), the site shall be investigated for the presence of land and building contamination in accordance with the Phase 1 report (Ref : 1511R V2 Nico - Leicester). If contamination is found, then a scheme of remedial works to render the land and existing building safe for the development, shall be submitted to and approved in writing, by the local planning authority. Prior to the occupation of any flat, the approved remediation scheme shall be implemented, and a completion report shall be submitted to and approved in writing, by the local planning authority. Prior to the occupation of any flat, 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. The report of the findings shall include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: human health, property (existing or proposed) including buildings, pets, service lines and pipes, adjoining land, ground waters and surface waters, ecological systems; (iii) an appraisal of remedial options, and proposal of the preferred option(s). 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 policy PS11 of the City of Leicester Local Plan.) (To ensure that the details are approved 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. The SuDS shall include a linear drain at the entrance to the driveway next to Staveley Road to intercept and prevent surface water from travelling onto the highway. No flat shall be occupied 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 agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

4.           Prior to the commencement of development, details of foul drainage shall be submitted to and approved in writing, by the local planning authority. No flat shall be occupied, until the foul 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.)

 

5.           Prior to the occupation of any flat, details of a lighting scheme shall be submitted to and approved in writing by the local planning authority. The details shall show the locations of lights, their type of light emittance and wavelength, and include a lux contour map showing the variation in light. The lighting shall be designed to cause minimum disturbance to wildlife that may or could inhabit the site. Lighting shall be installed only in accordance with the approved details and shall be retained as such thereafter (In the interest of protecting wildlife habitats and residential amenity and in accordance with NPPF (2021) paragraph 185 and policy CS17 in the Core Strategy.)

 

6.           No lighting shall be installed at any time without prior agreement from the local planning authority. (In the interest of protecting wildlife habitats and residential amenity and in accordance with NPPF (2021) paragraph 185 and policy CS17 in the Core Strategy.)

 

7.           Prior to the commencement of development, a Construction Method Statement (CMS), with consideration being given to protecting residents from noise and dust, the water environment and flood risk management, shall be submitted to and approved in writing by the local planning authority. The approved CMS 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 location and storage of plant and equipment (to minimise noise disruption i.e. generators. Where plant and equipment cannot be located to minimise noise disruption, sound attenuation methods should be employed); (iv) the erection and maintenance of security hoarding; (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; (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. (To ensure the satisfactory development of the site, and in accordance with saved policies AM01 & UD06 of the City of Leicester Local Plan and Core Strategy policy CS02 & CS03.) (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

8.           No construction, other than unforeseen emergency work, shall be undertaken outside of the hours of 07.30 to 18.00 Monday to Friday, 08.00 to 13.00 Saturday or at any time on Sundays or Bank Holidays, unless the methodology has been submitted to the City Council Noise and Pollution Team. The methodology must be submitted at least 10 working days before such work commences and agreed, in writing, by the City Council Noise and Pollution Team. The City Council Noise and Pollution 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. (To protect the amenity of residents in accordance with policies PS10 & PS11 in the 2006 City of Leicester Local Plan.)

 

9.           No part of the development shall be occupied until secure and covered cycle parking has been provided in accordance with details shown on drawing DSA-20164-PL-AL-04-F. The cycle parking shall be 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).

 

10.         Prior to the occupation of any flat, the proposed vehicle parking spaces (including electric charging points), turning space, driveway and alterations to the site access from Staveley Road shall be provided in accordance with the details shown on drawings DSA-20164-PL-AL-04-F & DSA-20164-PL-AL-05-C. They shall be retained as such thereafter. (To ensure a satisfactory means of access to the highway, and in accordance with policies AM01, AM02 & AM12 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

11.         Prior to the occupation of any flat, the footway crossing to Staveley Road shall be altered in accordance with the Council's standards contained in the "Leicester Street Design Guide (First Edition)" (view from www.leicester.gov.uk/6cs-design-guide). (To achieve satisfactory means of access to the highway, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

12.         All street works shall be constructed in accordance with the Leicester Street Design Guide, June 2020. (To a achieve a satisfactory form of development and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

13.         Within one month of the occupation of any dwelling, the residents of that dwelling shall be provided with a 'New Residents Travel Pack'. The contents of this shall first be submitted to and approved in writing by the local planning authority. It shall include walking, cycling and bus maps, the latest relevant bus timetable information and bus travel and cycle discount vouchers. (In the interest of sustainable development and in accordance with policy AM02 of the City of Leicester Local Plan and policy CS14 of the Core Strategy).

 

14.         Notwithstanding the submitted details and prior to the occupation of any flat, details of the bin storage and collection arrangements shall be submitted to and approved in writing by the local planning authority. Prior to the occupation of any flat, the bin storage shall be provided in accordance with the details approved and shall be retained thereafter. (To ensure acceptable bin storage is provided in accordance with policy CS03 in the Core Strategy)

 

15.         The ground floor flats and their associated parking and approach, shall be constructed in accordance with Category 2: Accessible and adaptable dwellings M4 (2) Optional Requirement of the Building Regulations. Prior to the occupation of any flat, completion certificates for the ground floor flats, signed by the relevant inspecting Building Control Body authority and certifying compliance with the above standards, shall be submitted to and approved in writing by the local planning authority. (To ensure the dwelling is adaptable enough to match lifetime's changing needs in accordance with Core Strategy policy CS06.)

 

16.         Prior to the commencement of above ground development, the RAL colours for the windows, doors and fascias shall be submitted to and approved in writing by the local planning authority. The windows, doors and fascias shall be installed in accordance with the RAL colours approved. The other external materials shall be installed in accordance with the materials shown on the approved plan DSA-20164-PL-AL-02-E. (To maintain the character and appearance of the area and in accordance with policy CS03 of the Core Strategy.)

 

17.         Prior to the commencement of above ground development, a detailed landscaping scheme showing the treatment of all parts of the site which will remain unbuilt upon shall be 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 a treatment no higher than 1m in height where between the building line on Staveley Road and the highway edge); (vi) any changes in levels; (vii) the position and depth of service and/or drainage runs (which may affect tree roots) (viii) four integrated bat bricks & six integrated swift bricks grouped together in threes (ix) details of the green roof. 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 policies CS03 & CS17.)

 

18.         Should the development not commence within two years of the date of the last protected species survey (June 2021), then a further protected species survey shall first be carried out of all relevant features by a suitably qualified ecologist. The survey results shall be submitted to and approved in writing, by the local planning authority, and any identified mitigation measures carried out before any development is begun. Thereafter, the survey should be repeated every two years until the development begins. (To comply with the Wildlife and Countryside Act 1981 (as amended by the CRoW Act 2000), the Habitat and Species Regulations 2010 and CS17 of the Core Strategy.)

 

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

              Location Plan, DSA-20164-PL-AL-07, Rev B, received on the 22nd of June 2022

              Proposed Elevations and Sections, DSA-20164-PL-AL-02, Rev E, received on the 22nd of June 2022

              Proposed Floor Plans, DSA-20164-PL-AL-01, Rev E, received on the 22nd of June 2022

              Proposed Site Layout, DSA-20164-PL-AL-03, Rev F, received on the 22nd of June 2022

              Proposed Access and Visibility Plan, DSA-20164-PL-AL-05, Rev C, received on the 22nd of June 2022

              Proposed Parking Layout, DSA-20164-PL-AL-04, Rev F, received on the 22nd of June 2022

              Internal arrangement for each unit, DSA-20164-PL-AL-10, Rev A, received on the 22nd of June 2022

              (For the avoidance of doubt).

 

              NOTES FOR APPLICANT

 

1.           All future residents of the scheme are encouraged to sign up for the Environment Agency’s free Flood Warning service and the Met Office severe weather warnings email alert service.

 

2.           It is unlikely that any construction or demolition work will be agreed outside of the hours detailed in Condition 8 unless the City Council Noise and Pollution 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.

 

3.           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 Local Highway Authority area. The guide can be found at:

              https://www.leicester.gov.uk/your-council/city-mayor-peter-soulsby/key-strategy-documents/   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.

 

4.           The Local Highway Authority’s (LHA) 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 the existing highway, the developer must enter into an agreement with the LHA. For more information please contact highwaysdc@leicester.gov.uk.

 

5.           Temporary direction signing for developments can be provided within the highway. The Local Highway Authority (LHA) requires all temporary signing schemes are designed, implemented and maintained to an appropriate and acceptable standard. The temporary signing scheme including details of the sign faces, locations and means of fixing must be submitted for approval. These signs must comply with the Traffic Signs Regulations and General Directions (TSRGD). Applications must be submitted to the LHA at least four weeks before the signs are to be erected. Applicants will agree to reimburse the LHA for the full costs involved in the processing of the application and any subsequent planning, design, implementation and maintenance of the signs. The Local Authorities (Transport Charges) Regulations 1998 refers, and charges are set in LCC minor charges report updated annually; available via this link https://www.leicester.gov.uk/media/181997/minor-fees-and-charges-for-transportation-services-2020-2021.pdf.  In the event of signs not being removed expeditiously, the LHA will remove them and recharge the costs to the promoter. For more information please contact highwaysdc@leicester.gov.uk.

 

6.           With regards to Condition 13 (Travel Packs) 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 highwaysdc@leicester.gov.uk for advice.