Agenda item

Ward: Castle

Proposal: Change of use from public house (sui generis), partial demolition and extensions to sides and roof to form a five-storey building with 38 flats (26 x studio, 12 x 1bed) (Class C3) (Amended plans)

Applicant: Mr Vijay Patel

 

At this point Councillor Bonham re-joined the meeting.

 

The Planning Officer presented the report.

 

Councillor Kitterick, as Ward Councillor, addressed the Committee in objection to the application.

 

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

 

The Chair summarised the application and moved that in accordance with the Officers recommendation, and subject to the completion of the required S106 agreement, the application be approved. This was seconded by Councillor Moore and upon being put to the vote the motion was CARRIED.

 

RESOLVED:

 

              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.           Should the development (including demolition) not commence within 18 months of the date of the last protected species survey (carried out by (Estrada Ecology on the 21st of August 2023), then a further protected species survey shall be carried out of the building 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 details. Thereafter, the survey should be repeated annually and any mitigation measures reviewed 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 CS17 of the Core Strategy.)

 

3.           Development shall be carried out in accordance with the working practices in the Bat Activity Report (Estrada Ecology, 31st of August 2023) and especially sections 9 & 10 regarding bats and birds. (To comply with the Wildlife and Countryside Act 1981 (as amended by the CroW Act 2000), the Habitat & Species Regulations 2017 and CS17 of the Core Strategy.)

 

4.           A. No development (including demolition) shall take place, until the applicant has secured the implementation of an appropriate programme of archaeological fieldwork undertaken by a competent and experienced organisation and in accordance with a Written Scheme of Investigation (WSI), which has first been submitted to and approved in writing by the Local Planning Authority. The WSI must include an assessment of significance and research questions; and:

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

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

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

              (4) 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 WSI approved under (A) above.

              C. No flat shall be occupied, until the site investigation and post-investigation assessment has been completed in accordance with the programme set out in the WSI 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 economic and social significance is advanced, in accordance with Core Strategy policy CS18.) (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

5.           With the exception of the demolition of part of the existing building, no development 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. 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.)

 

6.           Prior to the occupation of any flat, a lighting scheme (to minimise light pollution for residents and wildlife), shall be implemented in accordance with details first submitted to and approved in writing by the Local Planning Authority. No additional lighting shall be installed without prior approval from the Local Planning Authority. (To minimise the impact of lighting on residents and wildlife in accordance with saved policies PS10 & PS11 of the City of Leicester Local Plan 2006 and policy CS17 of the Core Strategy.)

 

7.           Prior to the occupation of any flat, two bat boxes shall be installed in accordance with the details in Paragraph 4.2 of the Arbtech Bat Emergence and Re-entry Survey dated 8/9/2021. Prior to the occupation of any flat, two invertebrate boxes/structures and one Black Redstart box shall be installed within the blue and/or green and/or brown roof area and six Swift boxes on the facades of the building, in accordance with details first submitted to an approved in writing by the Local Planning Authority. They shall be retained thereafter. (To provide wildlife habitat in accordance with policy CS17 of the Core Strategy.)

 

8.           Prior to the commencement of above ground construction (excluding the demolition of the existing buildings), full design details of the PV panels for the roof, shall be submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of any flat, the PV panels shall be installed in accordance with the approved details and evidence demonstrating satisfactory operation of the PV panels, shall be submitted to and approved in writing by the Local Planning Authority. The PV panels shall be retained thereafter. (In the interests of securing energy efficiency in accordance with policy CS02 of the Core Strategy.)

 

9.           Prior to the occupation of any flat, evidence demonstrating satisfactory operation of the details, including on-site installation, of all measures in the Sustainability and Energy Statement of February 2021 and email dated the 28th of June 2021 that have been submitted with this application, shall be submitted to and approved in writing by the Local Planning Authority. They shall be retained thereafter. (In the interests of securing energy efficiency in accordance with policy CS02 of the Core Strategy.)

 

10.         With the exception of the demolition of part of the existing building, no development shall be carried out until full details of the Sustainable Drainage System (SuDS) together with 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 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 (including the blue and/or green and/or brown roof), (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.)

 

11.         With the exception of the demolition of part of the existing building, no development shall be carried out until details of foul drainage have been submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of any flat, the foul drainage shall be 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.)

 

12.         Prior to the commencement of above ground development (excluding demolition) the design of a sample panel (with a drawing and materials schedule), to show the brickwork, mortar and bond, stone trim and a section of the window and window reveal, shall be submitted to and approved in writing by the Local Planning Authority. No above-ground development shall take place until the sample panel has been built in accordance with the approved drawing and materials schedule, inspected and approved in writing by the Local Planning Authority. No flat shall be occupied until the development has been carried out in accordance with the approved details. (In the interests of visual amenity, to maintain the setting of heritage assets, and in accordance with policies CS03 & CS18 of the Core Strategy.)

 

13.         Prior to the commencement of above ground development (excluding the demolition of the existing buildings), details of rainwater goods (which should ideally be located to the rear) shall be submitted to and approved in writing by the Local Planning Authority. No flat shall be occupied, until the rainwater goods have been installed in accordance with the details approved. They shall be retained as such thereafter. (In the interests of visual amenity, to maintain the setting of heritage assets, and in accordance with policies CS03 & CS18 of the Core Strategy.)

 

14.         No construction, 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 first been submitted to and approved in writing by the City Council Noise Team. The methodology shall be submitted at least 10 working days before such work commences and approved 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. (To protect the amenity of residents in accordance with policies PS10 & PS11 of the City of Leicester Local Plan 2006.)

 

15.         Prior to the commencement of development (excluding demolition of parts of the existing building), full details of measures to ensure residents of the scheme will receive acceptable ventilation and be protected from unacceptable levels of heat and noise, shall be submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of any flat, the approved measures shall be installed in accordance with the approved details. The system shall be retained thereafter. (To ensure residents have acceptable levels of noise, ventilation and temperature in accordance with saved policy PS10 of the City of Leicester Local Plan 2006.)

 

16.         Prior to the occupation of any flat, the bin store as shown on the approved plans, shall be provided. It shall be retained thereafter. (To allow waste to be stored and collected in an acceptable manner in accordance with policy CS03 of the Core Strategy.)

 

17.         Prior to the first occupation of any flat, a Travel Plan for the development shall be submitted to and approved in writing by the Local Planning Authority and it shall be carried out in accordance with a timetable to be contained within the Travel Plan. 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 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. The plan shall be maintained and operated thereafter. (To promote sustainable transport and in accordance with policies AM01, AM02, and AM12 of the City of Leicester Local Plan and policies CS14 and CS15 of the Core Strategy).

 

18.         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).

 

19.         Prior to the occupation of any flat, twenty five secure and sheltered cycle parking spaces for residents and three cycle parking spaces for visitors shall be provided, in accordance with details first submitted to and approved in writing by the Local Planning Authority. They shall be retained thereafter. (To meet the needs of residents and visitors and to promote sustainable forms of transport in accordance with saved policies AM02 and AM12 of the City of Leicester Local Plan and policy CS14 of the Core Strategy.)

 

20.         Prior to the commencement of development (including demolition), a Construction Method Statement (CMS), with consideration being given to highway management and safety, air quality, 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 CMS 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, (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 policies AM01, AM12, PS10, PS11 of the City of Leicester Local Plan 2006 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).

 

21.         No flat shall be occupied, until any redundant footway crossings and/or damaged or altered areas of footway or other highway, have been reinstated in accordance with the Leicester Street Design Guide, June 2020. (For the safety and convenience of pedestrians and other road users, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

22.         All street works shall be constructed in accordance with the Leicester Street Design Guide, June 2020. (In order to enable the highway to function in a safe manner and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

23.         Prior to the occupation of any flat, a Management Plan shall be submitted to and approved in writing, by the Local Planning Authority. The Management Plan shall set out procedures for the security of the development and its residents, dropping-off and collection at the beginning and end of terms, use and allocation of parking spaces and cycle storage, the safe use of the vehicle access, restriction of car ownership and use by residents, refuse collection arrangements, and dealing with any issues or complaints arising from occupiers of nearby properties. At all times the scheme shall be managed and operated in full accordance with the approved Management Plan. (To ensure the impact of the scheme on highway safety, the surrounding area and in the interests of the safety and security of its occupiers, is acceptable, and in accordance with policies CS03, CS06, CS14 & CS15 of the Core Strategy and policies AM12 & PS10 of the City of Leicester Local Plan 2006.)

 

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

              -           Site Location Plan, 100-554/(P)005, Rev A, received on the 17th of November 2020.

              -           Chatham and Albion Street Proposed Elevations, 100-554/(P)035, Rev L, received on the 10th of November 2021.

              -           Internal Court Proposed Elevations, 100-554/(P)036, Rev H, received on the 16th of August 2021.

              -           Chatham and Albion Street Proposed Sections, 100-554/(P)037, Rev E, received on the 28th of June 2021.

              -           Proposed Ground Floor Plan, 100-554/(P)040, Rev H, received on the 10th of November 2021.

              -           Proposed First Floor Plan, 100-554/(P)041, Rev G, received on the 14th of January 2021.

              -           Proposed Second - Third Floor Plan, 100-554/(P)042, Rev G, received on the 14th of January 2021.

              -           Proposed Roof Plan, 100-554/(P)043, Rev B, received on the 28th of June 2021.

              -           Proposed Fourth Floor Plan, 100-554/(P)046, Rev E, received on the 28th of June 2021.

              -           Proposed Basement Plan, 100-554/(P)047, received on the 17th of November 2021.

              -           Demolition Plans & Elevations, 100-554/(P)051, received on the 14th of January 2021.

              -           1:20 section F-F and Sample Panel, 100-554/(P)060, Rev A, received on the 16th of August 2021.

              -           1:20 section G-G and Sample Panel, 100-554/(P)061, Rev B, received on the 18th of November 2021.

              -           1:5 Detail of new Upper floors to existing building junction, 100-554/(P)062, Rev A, received on the 16th of August 2021.

              -           1:5 Detail of new Upper floor junction with proposed façade, 100-554/(P)063, Rev A, received on the 16th of August 2021.

              -           1:5 Plan detail of new to existing connection (at 1st floor level), 100-554/(P)064, Rev A, received on the 16th of August 2021.

              (For the avoidance of doubt).

 

              NOTES FOR APPLICANT

 

1.           This permission is subject to an S106 Agreement that secures a developer contribution of £34,579.00 towards landscape improvements and the provision of ornamental perimeter railings at Museum Square, and £56,313.00 towards buying and/or building affordable housing in the city.

 

2.           Please note that, under the Wildlife and Countryside Act 1981 and The Conservation of Habitats and Species Regulations 2017 (as amended), it is an offence to remove, damage or destroy the nest or roost of European Protected Species while it is in use or being built and/or it’s an offence to deliberately capture, injure or kill, or deliberately disturb European Protected Species. An extant planning permission for a development does not provide a defence against prosecution under these statutes.

 

3.           The implementation of the approved scheme could cause pollution to the water environment. The Environment Agency (EA) advise, that in order to prevent pollution, developers should follow best practice as follows: https://www.gov.uk/guidance/pollution-prevention-for-businesses, and, in particular, the ‘Construction, inspection and maintenance’ section. Please contact the Environment Agency, to arrange a site meeting, to agree measures necessary, to prevent pollution of the water environment, during the implementation. The EA can carry out pollution prevention visits. Please contact EastMidWaterQuality@environment-agency.gov.uk for further information and advice.

 

4.           Severn Trent Water advise that, although our statutory sewer records do not show any public sewers within the area you have specified, there may be sewers that have been recently adopted under, The Transfer Of Sewer Regulations 2011. Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent. You are advised to contact Severn Trent Water to discuss your proposals. Severn Trent will seek to assist you obtaining a solution, which protects both the public sewer and the building.

 

5.           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.

 

6.           With regards to Condition 16 and the revisions/amendments required to the Travel Plan submitted with this application, please contact Leicester City Council's Highway Development Control (highwaysdc@leicester.gov.uk) to address the issues.

 

7.           With regards to the Travel Pack (Condition 17), 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.

 

8.           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-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.

 

9.           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.