Agenda item

Ward: Thurncourt

Proposal: Construction of x2 two storey dwellinghouses (2 x 4 bed) (Class C3); associated parking and landscaping (amended plans 28/3/2023)

Applicant: Easy Property Group

The Planning Officer presented the report.

Asif Govaria, the applicant, addressed the Committee and spoke in support of the application.

Jiten Raikundalia addressed the Committee and spoke in opposition to the application.

Councillor Aldred, as Ward Councillor, addressed the Committee and spoke in opposition 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 the Committee and moved that in accordance with the Officer recommendation, the application be approved. This was seconded by Councillor Bonham, and upon 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.           The new walls and roof shall be constructed in materials as shown on the approved plans. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.)

3.           No part of the development shall be occupied until footway / verge crossing(s)have been provided at each vehicular access in accordance with guidance in the Leicester Street Design Guide. (To ensure a satisfactory means of access to the highway, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policyCS3.)

4.           The parking area shall be provided before the occupation of any part of the development and shall be retained and kept available for that use. (To ensure that parking can take place in a satisfactory manner; and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS3.)

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 by the local planning authority. No flat shall be occupied/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 agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

6.           Prior to the commencement of development details of drainage, shall be submitted to and approved by the local planning authority. No property shall be occupied until the drainage has been installed in accordance with the approved details. It shall be retained and maintained thereafter. (To ensure appropriate drainage is installed in accordance with policy CS02 of the Core Strategy. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

7.           The dwellings and their 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 dwellings, 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 dwellings are adaptable enough to match lifetime's changing needs in accordance with Policies CS03 and CS06 of the Leicester Core Strategy (2014)).

8.           Development must take place in strict accordance with Section 4 of the Arboricultural Impact Assessment & Method Statement (RJ Tree Services Ltd, dated 09 September 2022, received by the City Council as local planning authority on 09/09/2022) and the Tree protection plan (as received by the City Council as local planning authority on 09/09/2022) (To ensure that trees proposed to be retained on site and trees surrounding the site are not harmed and in accordance with Local Plan saved policy UD06).

9.           The approved landscaping scheme (drawing title: Detailed soft landscape proposals, no 21-047-01, revision C, bea landscape design ltd, received 18/5/2023) 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 policy CS3.)

10.         Prior to above ground works, details of the type and location of x2 bat tiles/boxes and x2 bird boxes to be incorporated within the elevations of the proposed buildings have been submitted to and agreed in writing with the City Council as local planning authority. The locations should be determined by an ecologist who should also supervise their installation. The development shall be carried out in accordance with the agreed details and the agreed features retained thereafter (In the interest of biodiversity and in accordance with Policy CS 17 Biodiversity of the Core Strategy).

11.         Should the development not commence within 24 months of the date of the last protected species survey (December 2022), then a further protected species survey shall be carried out by a suitably qualified ecologist. The survey results and any revised mitigation shall be submitted to and agreed in writing with 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 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).

12.         Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no enlargement, improvement or other alteration to the dwelling or provision of any outbuilding of types specified in Part 1, Classes A, AA, B, D and E shall be carried out without express planning permission having previously been obtained from the Local Planning Authority. (Given the nature of the site, the form of development is such that work of these types may unacceptably reduce amenity space on site or lead to an unacceptable loss of amenity to occupiers of neighbouring properties, or be a design that is out of keeping with the character and appearance of the area; and in accordance with Core Strategy (2014) policy CS03 and saved policy PS10 of the City of Leicester Local Plan (2006)).

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

              Planning Application - Proposal Drawing Plot A, Ref DSA-20147-PL-PRO-01-C, received 28/03/2023

              Planning Application - Proposal Drawing Plot B, Ref DSA-20147-PL-PRO-02-C, received 28/03/2023

              Planning Application - Proposal Drawing Site Plan, Ref DSA-20147-PL-PRO-03-B, received 28/03/2023

              (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 2023 is considered to be a positive outcome of these discussions.

2.           To meet condition 7 all those delivering the scheme (including agents and contractors) should be alerted to this condition, and understand the detailed provisions of Category 2, M4(2). The Building Control Body for this scheme must be informed at the earliest opportunity that the units stated are to be to Category 2 M4(2) requirements.

3.           Condition 11 refers to alterations/extensions that you are normally allowed to carry out to houses without planning permission. In this case the City Council wants to be able to control any alterations and extensions to preserve the appearance of the property or protect the amenities of neighbouring properties. You should contact the City Council (telephone (0116) 454 1000) if you are considering such works.