Agenda item

20221898 - 48 Little Holme Street

Ward: Westcotes

Proposal: Demolition of factory (Class B2); construction of a 6 and 7 storey building containing student accommodation

(Sui Generis), 2 storey building housing plant and cycle/bin storage, with associated ancillary works and landscaping (as amended).

Applicant: CC Leicester Limited

 

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

 

Alan Pearce, on behalf of the applicant, addresses the Committee and spoke in support of the application.

 

Hassan Gaffar addressed the Committee and spoke in opposition to the application.

 

Councillor Adam Clarke, 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 Committee noted the Head of Planning’s offer to encourage detailed highway design dialogue to be undertaken between the Local Highway Authority, the applicant and Ward Members in respect of the final specification of the highway improvement works before approval.

 

The Chair summarised the application and moved that in accordance with the Officer recommendation and the addendum report, that the application be approved. This was seconded by Councillor Gopal and upon being put to the vote, the motion was CARRIED.

 

RESOLVED: Permission was granted subject to conditions outlined in the report and the additional condition provided in the addendum.

 

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.         All street works shall be constructed in accordance with the Leicester Street Design Guide. (To achieve a satisfactory form of development, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS3).

 

3.         No part of the development shall be occupied until secure and covered cycle parking and pool of loan bikes have been provided in accordance with written details previously approved by the local planning authority. These facilities 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).

 

4.         The car parking area shall be provided in accordance with guidance in the Leicester Street Design Guide before the occupation of any part of the development and shall be retained and kept available for that use. (To ensure that parking/servicing can take place in a satisfactory manner; and in accordance with policies AM01 and AM12 of the City of Leicester Local Plan and Core Strategy policy CS03).

 

5.         Prior to the commencement of development (with the exception of demolition and site clearance) 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: (1) full design details, (2) a timetable for its implementation, and (3) 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).

 

6.         Prior to the commencement of development details of drainage (with the exception of demolition and site clearance), shall be submitted to and approved in writing by the local planning authority. No flat 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 approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

7.         Prior to the commencement of (1) demolition and/or (2) development, a Construction Method Statement, with consideration being given to the water environment and flood risk management, shall be submitted to and approved in writing by the local planning authority for the demolition and development phases of the development. The approved Construction Method Statement shall be adhered to throughout the construction period. The Statement shall provide for: (1) the vehicle and pedestrian temporary access arrangements including the parking of vehicles of site operatives and visitors; (2) the loading and unloading of plant and materials; (3) a dust management plan; (4) the storage of plant and materials used in the development; (5) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; (6) wheel washing facilities; (7) measures to control the emission of dust and dirt during construction; (8) a scheme for storage and management of waste resulting from excavation works (9) the proposed phasing of development and a detailed description of the works in each phase (10) the temporary access arrangement to the construction site; (11) procedures to ensure flood risk is managed on site during the period of works for personnel, plant and members of the public (12) the procedures to ensure flood risk is not increased anywhere outside of the site for the duration of the works; (13) 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; (14) 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 & 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.         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: (1) details of the flood risk posed to the site and the reasoning for an Emergency Flood Plan; (2) 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]; (3) define the areas of safe refuge for residents and/or users of the development to use if safe access and egress is not possible; (4) location of utility meters and stop taps and procedure for turning off [electricity, gas and water]; (5) consider whether it would be safest for vehicles on site to be moved to areas at lower risk of flooding, and reflect this in the plan as appropriate; (6) 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; (7) the evacuation procedure, including activation and call off; (8) assembly points (if applicable) – position of assembly points on layout plan, colour and image of sign; (9) the procedure for starting and stopping the emergency flood plan; (10) outline how the site will be reoccupied and made safe after a flood event; (11) responsible person/organisation for implementing flood plan (Risk Owner); (12) 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): (13) testing of the Emergency Flood Plan – overview of testing procedure, frequency and training required; (14) procedure for updating emergency flood plan – review period, amendment and version control; (15) 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 to ensure the safety of occupants in times of flooding, and in accordance with policies PS10 of the City of Leicester Local Plan and policy CS02 of the Core Strategy).

 

9.         The development shall be carried out in full accordance with the submitted Flood Risk Assessment (document ref 21-340-60, Revision No 05, Received on 17/08/23) and the submitted Landscape Strategy Plan (drawing no.19-05-PL-201 Rev G, created by the Richards partnership, received 11/09/2023) and the mitigation measures they detail, including finished floor levels shall be set no lower than 56.200metres Above Ordnance Datum (AOD). These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development. (To minimise the risk of damage in times of flooding, and in accordance with policy CS02 of the Core Strategy).??

 

10.       Prior to the commencement of development, a remediation strategy to deal with the risks associated with contamination of the site in respect of the development hereby permitted, shall be submitted to and approved in writing by the local planning authority. This strategy will include the following components: (1) a site investigation scheme, to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site; (2) the results of the site investigation and the detailed risk assessment referred to in (1) and, based on this, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken; and (3) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (2) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. The scheme shall be implemented as approved. (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 developments 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 and paragraph 174 of the NPPF). (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

11.       Prior to occupation of any part of the development, a verification report demonstrating the completion of works set out in the remediation strategy approved under condition 10 (and the effectiveness of the remediation) shall be submitted to and approved in writing by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. (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 developments 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 and paragraph 174 of the NPPF).

 

12.       Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. If Piling or any other foundation designs using penetrative methods is proposed to be used, a piling risk assessment shall be submitted and approved in writing by the local planning authority prior to the commencement of any development (other than demolition and site clearance). The development shall be carried out in accordance with the approved details. (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 developments 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 and paragraph 174 of the NPPF).

 

13.       If, during development, contamination not previously identified is found to be present at the site then no further development shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved. (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 developments 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 and paragraph 170 of the NPPF).

 

14.       Prior to commencement of above ground development, full design details of on-site installations to provide energy efficiency measures, including solar PV arrays, 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. (In the interests of securing energy efficiency and in accordance with Core Strategy policy CS02).

 

15.       Before the development is begun on any relevant phase, all existing trees, shrubs or hedges to be retained on the site shall be protected by fences erected not within the root protection area in accordance with details which shall first have been submitted to and approved in writing by the local planning authority. No materials whatsoever shall be stored, rubbish dumped, fires lit or buildings erected within these fences; no changes in ground level shall be made within the spread of any tree, shrub or hedge without the previous written approval of the local planning authority. No trees shall be used as anchorages, nor shall any items whatsoever be affixed to any retained tree. (In the interests of amenity, and in accordance with saved policy 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).

 

16.       Prior to the commencement of development (with the exception of demolition) 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 with the local planning authority. This scheme shall include details of: (1) the position and spread of all existing trees, shrubs and hedges to be retained or removed; (2) new tree and shrub planting, including plant type, size, quantities and locations; (3) means of planting, staking, and tying of trees, including tree guards; (4) other surface treatments; (5) fencing and boundary treatments, including details of the entrance gates; (6) any changes in levels; (7) the position and depth of service and/or drainage runs (which may affect tree roots); (8) 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; (9) details of planting design and maintenance; (10) details of the make and type of 4 x bat integrated bat bricks and 4 x swift nest bricks 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. (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).

 

17.       Should the development not commence within 24 months of the date of the last protected species survey (June 2023) then a further protected species survey shall be carried out of all by a suitably qualified ecologist. The survey results and any revised mitigation shall be submitted to and approved 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 annually and any mitigation measures reviewed by the LPA 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).

 

18.       Notwithstanding the approved plans, prior to the commencement of any above ground works, a materials schedule for the development shall be submitted to and approved in writing by the local planning authority in general accordance with the submitted Design Principles document (received 01/09/2023). All materials for use on the buildings and surface treatments shall be provided, including the product and manufacturer specification. (In the interests of visual amenity and character and appearance of the area and in accordance policy CS03 of the Core Strategy and saved policy UD06 of the City of Leicester Local Plan).

 

19.       Prior to the commencement of the development above ground level, samples of the materials to be used on all external elevations and roofs, and the construction on site for inspection of sample panels (size, number and detail to be agreed) showing (but not necessarily limited to) brick, bonding & mortar, window frames, reveals, ventilation panels/louvres and cladding shall be provided and approved in writing by the local planning authority. No works shall be carried out other than in accordance with approved details. (In the interests of visual amenity and character and appearance of the area and in accordance policy CS03 of the Core Strategy and saved policy UD06 of the City of Leicester Local Plan).

 

20.       No groundworks or development shall take place or commence until a programme of archaeological investigation has been agreed in accordance with a prepared Written Scheme of Investigation submitted to and approved in writing by the planning authority. The scheme shall include: (1) an assessment of significance and how this applies to the regional research framework; (2) the programme and methodology of site investigation and recording; (3) the programme for post-investigation assessment; (4) provision to be made for analysis of the site investigation and recording; (5) provision to be made for publication and dissemination of the analysis and records of the site investigation; (6) provision to be made for archive deposition of the analysis and records of the site investigation; and (7) nomination of a competent person or persons or organization to undertake the works set out within the Written Scheme of Investigation (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 approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

21.       No demolition or development shall take place other than in accordance with the Written Scheme of Investigation approved under condition 20 above. (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).

 

22.       The development shall not 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 condition 20 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).

 

23.       The development shall be carried out in full accordance with the submitted Façade Assessment (document ref 1804 – Little Holme Street, Leicester – Façade Assessment, received on 07/07/23) and the mitigation measures that are detailed, including the façade treatment adjacent to the 2 Funky Music venue. These mitigation measures shall be fully implemented prior to occupation and shall be retained and maintained thereafter throughout the lifetime of the development. (To minimise noise impacts for future residents, and in accordance with the Leicester Local Plan saved policy PS10 and NPPF paragraph 187).??

 

24.       The flats shall only be occupied by students enrolled on full-time courses at further and higher education establishments or students working at a medical or educational institution, as part of their medical or education course. The owner, landlord or authority in control of the development shall keep an up to date register of the name of each person in occupation of the development together with course(s) attended, and shall make the register available for inspection by the local planning authority on demand at all reasonable times. (To enable the local planning authority to consider the need for affordable housing and education provision and to assess floor space standards and the suitability of the accommodation for general residential purposes in accordance with policies CS06, CS07 & CS19 of the Core Strategy and policies PS10 & H07 of the City of Leicester Local Plan).

 

25.       The details of the accommodation approved by this decision are 231 student flats providing 466 bedspaces (201 studios, 2 x 6 bed cluster, 10 x 7 bed cluster, 1 x 8 bed cluster, 12 x 10 bed cluster, 5 x 11 bed cluster). (For the avoidance of doubt).

 

26.       The development shall not be occupied until a waste management plan (in accordance with the submitted waste management plan, reference W0382-0250, issued 29/08/2023) 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/users/occupants 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; and

            (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).

 

27.       The development hereby permitted shall at all times be managed and operated in full accordance with a Management Plan, the details of which shall be submitted to and approved in writing by the local planning authority before the first occupation of the development. The management plan shall set out procedures for: (i) how the arrival and departure of students at the start and end of tenancies will be managed; (ii) how servicing and deliveries will be managed; (iii) the security of the development and its occupiers; (iv) maintaining the external areas of the site; (v) restriction of car ownership / use of the car parking area;(vi) cycle parking and cycle storage including provision for use of the cycle parking by employees; and (vii) dealing with any issues or complaints arising from the occupiers of nearby properties, including details of how management contact details will be made available to neighbours.  (To ensure the development is properly managed so as to minimise its effect on the surrounding area and in the interests of the safety and security of its occupiers in accordance with the aim of Core Strategy policies CS03, CS06 and CS15 and saved policy PS10 of the City of Leicester Local Plan.).

 

28.       Each student on first occupation shall be provided with a ‘Residents Travel Pack’ details of which shall have previously been submitted to and approved in writing by the local planning authority.  The contents of the Travel Pack shall consist of paper and/or electronic information promoting the use of sustainable personal journey planners, walking and cycle maps, bus maps, the latest bus timetables applicable to the proposed development, details of local car clubs and ride-share facilities, and public travel and cycle discount information. (In the interest of promoting sustainable development, and in accordance with saved policy AM02 of the City of Leicester Local Plan and policy CS14 of the Core Strategy).

 

29.       The residential accommodation hereby approved shall not be occupied, until a noise assessment to demonstrate compliance with the levels set out in the submitted Façade Assessment (document ref 1804 – Little Holme Street, Leicester – Façade Assessment, received 07/07/23) has been submitted to and approved in writing by the Local Planning Authority.  (To minimise noise impacts for future residents, and in accordance with the Leicester Local Plan saved policy PS10 and NPPF paragraph 187)

 

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

·       W0382-0111 Proposed Site Plan (received by the City Council 07/07/2023)

·       W0382-0220 Ground Floor Layout (received by the City Council 07/07/2023)

·       W0382-0221 First Floor Layout (received by the City Council 07/07/2023)

·       W0382-0222 Second Floor Layout (received by the City Council 07/07/2023)

·       W0382-0223 Third Floor Layout (received by the City Council 07/07/2023)

·       W0382-0224 Fourth Floor Layout (received by the City Council 07/07/2023)

·       W0382-0225 Fifth Floor Layout (received by the City Council 07/07/2023)

·       W0382-0226 Sixth Floor Layout (received by the City Council 07/07/2023)

·       W0382-0227 Roof Layout (received by the City Council 07/07/2023)

·       W0382-0320 Contextual Elevations (received by the City Council 07/07/2023)

·       W0382-0321 City Wide Elevations (received by the City Council 07/07/2023)

·       W0382-0327 Bay Elevation 01 (received by the City Council 07/07/2023)

·       W0382-0328 Bay Elevation 02 (received by the City Council 07/07/2023)

·       W0382-0329 Bay Elevation 03 (received by the City Council 07/07/2023)

·       W0382-0330 Bay Elevation 04 (received by the City Council 07/07/2023)

·       W0382-0331 Bay Elevation 05 (received by the City Council 07/07/2023)

·       W0382-0322/A Streetscene Elevations 01 (revision A, received by the City Council 16/08/2023)

·       W0382-0323/A Streetscene Elevations 02 (revision A, received by the City Council 16/08/2023)

·       W0382-0324/A Streetscene Elevations 03 (revision A, received by the City Council 16/08/2023)

·       W0382-0325/A Sectional Elevations 01 (revision A, received by the City Council 16/08/2023)

·       W0382-0326/A Sectional Elevations 02 (revision A, received by the City Council 16/08/2023)

·       W0382-0332/A Plant (Western) Building Elevations (revision A, received by the City Council 16/08/2023)

·       W0382-0333/A Bay Elevation - Upper Link (revision A, received by the City Council 16/08/2023)

·       W0382-0334/A Bay Elevation - Lower Link (revision A, received by the City Council 16/08/2023)

·       W0382-0335/A Bay Elevation - Principle Facade Lower (revision A, received by the City Council 16/08/2023)

·       W0382-0336/A Bay Elevation - Principle Facade Upper (revision A, received by the City Council 16/08/2023)

·       W0382-0337/A Bay Elevation - Lower Typical Façade (revision A, received by the City Council 16/08/2023)

·       W0382-0338/A Bay Elevation - Upper Typical Façade (revision A, received by the City Council 16/08/2023)

·       19-05-PL-201/G Landscape Strategy Plan (revision G, received by the City Council 12/09/2023)

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

 

2.         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-strateg y-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.

 

3.         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.

 

4.         An accessible car parking pay is proposed to the north of the site (outside of the red line boundary) on an area of existing parking. The costs for the alterations of the existing Traffic Regulation Orders (TROs) in this area should be funded by the Applicant. The average cost of a TRO scheme is currently in the region of £6,000, but this cost may rise depending on the complexity. The Applicant is advised to contact trafficmanagement@leicester.gov.uk to discuss the requirements to enable the TRO to be processed.

 

5.         A surface water pumping system has been proposed within this development. However, pumping systems require ongoing maintenance and in the event of a malfunction could increase flood risk. It is recommended that Severn Trent Water are consulted to determine whether a gravity connection into the public sewer can be made to manage surface water runoff, providing an alternative to a pumping system.

 

6.         The CL:AIRE Definition of Waste: Development Industry Code of Practice (version 2) provides operators with a framework for determining whether or not excavated material arising from site during remediation and/or land development works are waste or have ceased to be waste. Under the Code of Practice:

·       excavated materials that are recovered via a treatment operation can be re-used on-site providing they are treated to a standard such that they are fit for purpose and unlikely to cause pollution;

·       treated materials can be transferred between sites as part of a hub and cluster project; and

·       some naturally occurring clean material can be transferred directly between sites.

7.         Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on-site operations are clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.

 

8.         The Environment Agency recommends that developers should refer to our:

·       Position statement on the Definition of Waste: Development Industry Code of Practice and;

·       website at www.environment-agency.gov.uk for further guidance.

·       Duty of Care Regulations 1991

·       Hazardous Waste (England and Wales) Regulations 2005

·       Environmental Permitting (England and Wales) Regulations 2010

·       The Waste (England and Wales) Regulations 2011

9.         Developers should ensure that all contaminated materials are adequately characterised both chemically and physically in line with British Standards BS EN 14899:2005 'Characterisation of Waste - Sampling of Waste Materials - Framework for the Preparation and Application of a Sampling Plan' and that the permitting status of any proposed treatment or disposal activity is clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays. If the total quantity of waste material to be produced at or taken off site is hazardous waste and is 500 kg or greater in any 12-month period, the developer will need to register with the Environment Agency as a hazardous waste producer. Refer to our website at www.environment-agency.gov.uk for more information.

 

10.       Severn Trent Water advises that there is a public sewer located within the application site. Public sewers have statutory protection by virtue of the Water Industry Act 1991 as amended by the Water Act 2003 and you may not build close to, directly over or divert a public sewer without consent. You are advised to contact Severn Trent Water to discuss your proposals. Severn Trent Water will seek to assist you in obtaining a solution which protects both the public sewer and the proposed development. If the applicant proposes to divert the sewer, the applicant will be required to make a formal application to the Company under Section 185 of the Water Industry Act 1991. They may obtain copies of our current guidance notes and application form from either our website (www.stwater.co.uk) or by contacting our Developer Services Team (Tel: 0800 707 6600). Please be advised that it is an offense under S174(1) of the Water Industry Act 1991 to intentionally or recklessly interfere with any structure, installation or apparatus belonging to a water undertaker without consent.

 

11.       Based on the approved plans, waste collection for the development will need to be undertaken by a private waste management company given the proposed bin storage is not suitable for the once-a-week collection service offered by Leicester City Council.

 

12.       No infiltration of surface water drainage into the ground via SUDS or soakaway on land affected by contamination is permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details.

 

The Chair announced a comfort break at 7:47pm for the duration of 2 minutes.