Agenda item

Ward: Fosse

Proposal: Demolition of existing car wash (Sui Generis); Construction of a four storey and a part three and part four storey building comprising 39 flats (30 x 1bed, 9 x 2bed) (Class C3); associated parking and landscaping (amended plans)

Applicant: Mr D Murphy

 

The Planning Officer presented the report.

 

Councillors Waddington and Zaman, as Ward Councillors, addressed the Committee in objection to the application.

 

Members of the Committee considered the application and Officers responded to questions and queries raised by the Committee.

 

The Chair summarised the application and points raised by Committee Members and moved that in accordance with the Officer recommendation, the application be approved. This was seconded by Councillor Aldred and open being put to the vote, the motion was CARRIED.

 

RESOLVED: permission was granted subject to conditions

 

              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.           A) Prior to the commencement of development, including demolition, an appropriate programme of archaeological work, including implementation, to be undertaken by a competent and experienced organisation in accordance with a Written Scheme of Investigation (WSI), shall be submitted to and approved in writing by the local planning authority. The scheme must include an assessment of significance, research questions, and:

              (1) the programme and methodology of site investigation and recording;

              (2) the programme for post-investigation assessment;

              (3) provision to be made for analysis of the site investigation and recording;

              (4) provision to be made for publication and dissemination of the analysis and records of the site investigation;

              (5) provision to be made for archive deposition of the analysis and records of the site investigation.

              B) No development shall take place other than in accordance with the Written Scheme of Investigation approved under (A) above.

              C) No part of the development shall be occupied until the site investigation and post-investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under (A) above, and the provision made for analysis, publication and dissemination of results and archive deposition has been secured. (To ensure that any heritage assets that will be wholly or partly lost as a result of the development are recorded and that the understanding of their significance is advanced; and in accordance with Core Strategy policy CS18. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

             

 

3.           No development, including demolition, shall be carried out until the site has been investigated for the presence of land contamination, and a Site Investigation Report incorporating a risk assessment and, if required, scheme of remedial works to render the site suitable and safe for the development, has been submitted to and approved in writing by the local planning authority. The approved remediation scheme shall be implemented 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. 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, woodland and service lines and pipes, adjoining land, ground waters and surface waters, ecological systems, archaeological sites and ancient monuments; (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 saved policy PS11 of the City of Leicester Local Plan. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

4.           No development, including demolition shall take place 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) the parking provision of vehicles for site operatives and visitors. Measures should be included to prevent parking on the adjacent roads.

              b) the loading and unloading of plant and materials to and from the site including any time constraints (limited to off peak periods)

              c) measures to ensure that construction vehicles do not stack on the adjacent roads to gain access to the site.

              d) measures to ensure vehicles can manoeuvre within the site and re-join the highway without reversing.

              e) the erection and maintenance of security hoarding (including decorative displays and facilities for public viewing). The erection of hoarding etc in the highway will need the approval/consent of Leicester City Council, as the Highway Authority.

              f) wheel washing facilities, measures to prevent mud and detritus falling on the highway, and measures to ensure the highway is kept clean.

              g) measures to control the emission of dust and dirt during demolition.

              h) access and egress arrangements to the site including temporary traffic management measures and signing. Consideration should be given to the safety of pedestrians and cyclists and measures to improve the visibility at the boundary.

              i) banksmen/traffic marshals should have the appropriate training to work in the highway.

               (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. 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 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 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).

 

6.           Prior to the commencement of development details of the type and location of x4 bat bricks/tiles/box; x8 Swift bricks/boxes to be incorporated within the elevations of the proposed buildings shall be submitted to and approved in writing with the local planning authority. The locations should be determined by an ecologist who shall also supervise their installation. The development shall be carried out in accordance with the agreed details and retained thereafter. (In the interest of biodiversity and in accordance with NPPF (2021), Policy CS17 Biodiversity 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).

 

7.           Prior to the commencement of development a detailed section plan of any wall or boundary treatment to the site's frontage to Groby Road shall be submitted to and approved in writing by the local planning authority. the development shall be carried out in accordance with the approved details. (In the interests of (In the interests of the satisfactory development of the site and in accordance with saved policy AM01 of the City of Leicester Local Plan. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

8.           Prior to the commencement of development full specification details of the proposed green or brown roof including construction, planting details and maintenance strategy shall be submitted to and approved in writing by the local planning authority. The green [brown] roof shall be provided and maintained thereafter in accordance with those details. (To ensure sustainable construction and adaptation and mitigation of climate change in accordance with NPPF (2021), policy CS17 of the Leicester City Core Strategy To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

9.           Prior to the commencement of development full design details of energy efficiency measures, including heating systems and carbon emissions figures, shall be submitted to and approved in writing by the Local Planning Authority. Prior to first occupation of the site, evidence demonstrating satisfactory operation of the approved scheme, including on-site installation, shall be submitted to and approved in writing by the Local Planning Authority. (In the interests of securing energy efficiency 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).

 

10.         Prior to the commencement of the 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 approved in writing by the local planning authority. This scheme shall include details of: (i) new tree and shrub planting, including plant type, size, quantities and locations; (ii) means of planting, staking, and tying of trees, including tree guards; (iii) other surface treatments; (iv) fencing and boundary treatments; (v) any changes in levels; (vi) the position and depth of service and/or drainage runs (which may affect tree roots), vii) a detailed plan of the biodiversity enhancements on the site, including green or brown roofs; (viii) details of the make and type of 8 x integrated swift bricks and 4 x bat boxes/tiles/bricks to be erected on buildings 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 30 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 saved policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS03 and CS17. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

11.         Prior to the construction of any work above foundation level, the sample panels on approved drawing DSA-22002-PL-012 Rev B shall be constructed on site, showing all external materials, including brick, brick bond and mortar colour 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). 

 

12.         Prior to the occupation of development, an Emergency Flood Plan shall be submitted to and approved in writing by the local planning authority. The Emergency Flood Plan details shall include:

              (a) Details of the flood risk posed to the site and the reasoning for an Emergency Flood Plan.

              (b) Safe access and egress routes from the property and site and the return period to which this will remain ‘safe’ - describing the safety of the access and egress route using the Hierarchy [13.3] and the UK flood hazard rating [13.7], in accordance with the appropriate approach [13.4] as outlined in Environment Agency’s Flood Risk Assessment Guidance for New Development (FD2320) [Section 13; Requirements for Safe Access and Exits].

              (c) Define the areas of safe refuge for residents and/or users of the development to use if safe access and egress is not possible.

              (d) Define how Flood Resilience Measures incorporated into the development are to be managed and maintained throughout their lifespan, as well as how they are to be operated in the event of a flood and the person/organisation responsible for their operation.

              (e) Location of utility meters and stop taps and procedure for turning off [electricity, gas and water].

              (f) Define how any vehicles on site are to be relocated to areas of lower risk in the event of a flood, so as not to cause a hazard to surrounding infrastructure.

              (g) Include provision for the signing up to the Environment Agency’s free Flood Warning service and the Met Office severe weather warnings email alert service – where available for the site.

              (h) The evacuation procedure, including activation and call off.

              (i) Assembly points (if applicable) – position of assembly points on layout plan, colour and image of sign.

              (j) The procedure for starting and stopping the emergency flood plan.

              (k) Outline how the site will be reoccupied and made safe after a flood event.

              (l) Responsible person/organisation for implementing flood plan (Risk Owner).

              (m) How the emergency flood plan will be stored, how it can be accessed by residents, employees or suitable 3rd party’s (Local Authorities, Emergency Services etc.) and how it can be obtained (downloaded or physical copy).

              (n) Testing of the Emergency Flood Plan – overview of testing procedure, frequency and training required.

              (o) Procedure for updating emergency flood plan – review period, amendment and version control.

              (p) Emergency contact details – emergency services (999), utility providers (gas, electricity and water) etc.

              The development shall be managed in accordance with these details thereafter. (To minimise the risk of damage and harm in times of flooding, and in accordance with policy CS02 of the Core Strategy).

 

13.         No part of the development shall be occupied until the existing footway crossing serving the proposed vehicle access on Balfour Street has been altered in accordance with details which shall first be submitted to and approved in writing by the local planning authority. The approved works shall be carried out prior to occupation, and any damaged or altered areas of footway or other highway reinstated, and shall be retained as such thereafter. (To achieve satisfactory means of access to the highway, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

14.         No part of the development shall be occupied until the redundant footway crossings on Fosse Road North, Woodgate and the corner of

              Woodgate/Balfour Street, and/or damaged or altered areas of footway or other highway, have been reinstated in accordance with details which shall first submitted and approved in writing to the local planning authority and to the satisfaction of the Local Highway Authority. The approved works shall be carried out prior to occupation and they shall be retained as such thereafter. (For the safety and convenience of pedestrians and other road users, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.) 

 

15.         Notwithstanding the submitted Travel Plan, no part of the development shall be occupied until an updated 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. The plan shall (a) provide a named Travel Plan Co-ordinator; (b) assess the site in terms of transport choice for staff, users of services, visitors and deliveries; (c) 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; (d) identify marketing, promotion and reward schemes to promote sustainable travel and look at a parking management scheme to discourage off-site parking; (e) 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 policies CS14 and CS15 of the Core Strategy).

 

16.         Prior to the first occupation of each unit, the occupiers of each of the dwellings shall be provided with a ‘Residents Travel Pack’ details of which shall be submitted to and approved in writing by the local planning authority in advance. The contents of the Travel Pack shall consist of: shall include walking, cycling and bus maps, latest relevant bus timetable information and bus travel and cycle discount vouchers. (In the interest of sustainable development and in accordance with saved policy AM02 of the City of Leicester Local Plan and policy CS14 of the Core Strategy).

 

17.         Prior to any work above foundation level, details of how the 2 metre by 2 metre pedestrian visibility splay on each side of the vehicular access will be kept clear of any obstruction shall be submitted to and approved in writing by the local planning authority. No part of the development shall be occupied until the approved measures have been installed in full, and they shall be retained thereafter. (In the interests of the safety of pedestrians and other road users, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

18.         No part of the development shall be occupied until the footway crossing(s) has/have been altered in accordance with the Leicester Street Design Guide, June 2020. (To achieve satisfactory means of access to highway, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

19.         Before the occupation of any part of the development, all parking areas shall be surfaced and marked out in accordance with details which shall first have been submitted to and approved in writing by the local planning authority, and shall be retained for parking and not used for any other purpose. (To ensure that parking can take place in a satisfactory manner, and in accordance with saved policy AM11 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

20.         No part of the development shall be occupied until (a) secure and covered cycle parking for: (i) 24 cycles has been provided in accordance with details that shall be first submitted to and approved in writing by the local planning authority, and (b) a scheme for monitoring of the cycle parking use including details to increase provision have been submitted to and approved in writing by the Local Planning Authority. The approved cycle parking shall be retained thereafter for use in connection with occupation of the approved development and monitoring of use shall be carried out in accordance with the approved scheme. (In the interests of the satisfactory development of the site and in accordance with saved policies AM02 and H07 of the City of Leicester Local Plan).

             

 

21.         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 residents 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 saved policy H07 of the City of Leicester local plan and Core Strategy policy CS03).

             

 

22.         The development shall be carried out in accordance with the technical specification for noise insulation contained in the Martec Environmental Consultants Ltd Acoustic Report (dated 15th December 2011, ref. 20211216 9158). (In the interests of residential amenity and in accordance with saved policies PS10 and PS11 of the City of Leicester Local Plan).

 

23.         Prior to first occupation of the site, all habitable rooms shall be fitted with Sentinel Kinetic Mechanical Ventilation (or similar) in accordance with the manufacturers specification received by the local planning authority on 14.12.2022, and shall be retained as such thereafter. (In the interests of residential amenity and in accordance with saved policies PS10 and PS11 of the City of Leicester Local Plan).

 

24.         The development shall be carried out in accordance with the approved Flood Risk Assessment (FRA) (Ref: 82327-02/ Rev E, dated 22/02/2023) and the following mitigation measures detailed within the FRA:

              - Flood resistance and resilience measures

              - Finished floor levels (FFL)

              The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing/phasing arrangements embodied within the scheme. (To minimise any flood risk in accordance with policy CS02 of the Core Strategy).

 

25.         Should the development not commence within 24 months of the date of the last protected species survey (March 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 by the local planning authority and any identified mitigation measures carried out in accordance with the approved plan. Thereafter the survey should be repeated biennially and any mitigation measures reviewed and approved in writing by the local planning authority until the development commences. (To comply with the Wildlife and Countryside Act 1981 (as amended by the CRoW Act 2000), the Habitat & Species Regulations 2017 and CS 17 of the Core Strategy)

 

26.         The development shall be carried out in accordance with the mitigation measures as set out in Table 19 of the Air Quality Assessment (ref. P5233 R1-V1). (In the interests of the amenities of nearby occupiers, and in accordance with saved policy PS10 of the City of Leicester Local Plan.)

 

27.         At least 1 car parking spaces for the use of disabled people shall be provided before the development is occupied in accordance with the approved plans and shall be retained and kept available for use by disabled people thereafter. (To ensure adequate provision for the needs of disabled people, and in accordance with saved policy AM11 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

28.         A turning space, to enable vehicles always to enter and leave the site in a forward direction, shall be kept available within the site. (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.)

 

29.         Each 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 the City Council as 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)

 

30.         No gates shall be installed at the vehicular access off Balfour Street. (To achieve satisfactory means of access to and from the highway, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

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

              Proposed Ground Floor plan; DSA-22002-PL-L01-001 Rev K, received on 03/04/2023

              Proposed First Floor plan; DSA-22002-PL-L02-002 Rev D, received on 23/01/2023

              Proposed Second Floor plan; DSA-22002-PL-L03-003 Rev D, received on 23/01/2023

              Proposed Third Floor plan; DSA-22002-PL-L04-004 Rev D, received on 23/01/2023

              Proposed West Elevations & Courtyard East & North; DSA-22002-PL-E01-006 Rev B, received on 25/10/2022

              Proposed East & North Elevations; DSA-22002-PL-E02-007 Rev C, received on 27/01/2023

              Proposed Courtyard West & South; DSA-22002-PL-E03-008 Rev B, received on 25/10/2022

              Proposed Roof Plan; DSA-22002-PL-L05-005 Rev D, received on 23/01/2023

              Sample Panel; DSA-22002-PL-012 Rev B, received on 15/02/2023

              Detail Section; DSA-22002-PL-013 Rev B, received on 15/02/2023.

              (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: https://www.leicester.gov.uk/your-council/city-mayor-petersoulsby/key-strateg y-documents/

             

              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 highwaysdc@leicester.gov.uk. The applicant is advised to contact the LHA in respect of coordination of works required to the existing accesses on Woodgate.

             

 

2.           In association with the Construction Method Statement (condition 4), the applicant may need to produce a Traffic Management Plan which will need to be agreed with the Highway Authority as part of the Construction Method Statement. Any temporary signing on the highway will need consent from the Highway Authority and such details should be included in the details submitted for the approval of this condition.

 

3.           As the existing building to be demolished abuts the highway boundary, any barriers, scaffolding, hoarding, footway closure etc. required for the demolition works to be undertaken will require a licence. This should be applied for by emailing Licensing@leicester.gov.uk.

 

4.           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 highwaysdc@leicester.gov.uk for advice.

 

5.           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 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.