Agenda item

20231511 - Freeman Road North, Rear Of 102, Builders Yard And Stores

Ward: Evington

Proposal: Retrospective application for change of use from land for the storage of building materials and equipment (Sui Generis) to land for the siting of 48 shipping containers for self-storage use (Class B8), and laying of gravel surface (AMENDED PLAN RECEIVED 07/11/2023)

Applicant: Mr O'Halloran

The Planning Officer presented the report.

Mohammed Patel, on behalf of the application addressed the Committee and spoke in support of 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 Kennedy-Lount and upon being put to the vote, the motion was CARRIED.

RESOLVED: permission was granted subject to conditions

    CONDITIONS

1.The use shall not be carried on outside of the hours of 09:00 to 18:00 daily. (In the interests of the amenity at neighbouring residential properties, and in the interests of traffic management and highway safety, and in accordance with Policy CS03 of the Leicester Core Strategy (2014) and saved Policies PS10 & PS11 of the City of Leicester Local Plan (2006)).

2.Within six months of the date of this permission, or such extended period as may be agreed in writing by the local planning authority, the following site security measures shall be installed in accordance with details that shall first have been submitted to, and approved in writing by, the local planning authority: (a) new gates at the access from Freeman Road North; (b) new gates and other boundary treatment at the boundary with the adjacent site to the east; and (c) a CCTV system and external lighting. The details of the new gates under (a) shall include their siting from the back edge of the adjacent footway in Freeman Road North. The details of external lighting under (c) shall include measures to prevent light pollution to neighbouring residential properties and to the neighbouring local nature reserve. The site security measures so installed shall thereafter be retained. (In the interests of safety and security at the site and at neighbouring properties, and in the interests of highway safety, and to ensure that external lighting does not cause light pollution injurious to amenity and biodiversity, and in accordance with Policies CS03 and CS17 of the Leicester Core Strategy (2014) and saved Policies AM01, BE22, PS10 & PS11 of the City of Leicester Local Plan (2006)).

3.Within six months of the date of this permission, or such extended period as may be agreed in writing by the local planning authority, the railings shown on the approved plan shall be installed along the entire length of the site's north boundary (with the neighbouring local nature reserve) in accordance with a method of installation that shall first have been submitted to, and approved in writing by, the local planning authority. The railings so installed shall thereafter be retained. (In the interests of safety and security at the site and at neighbouring properties, and to ensure that the installation of the railings is not injurious to protected trees and biodiversity, and in accordance with Policies CS03 and CS17 of the Leicester Core Strategy (2014) and saved Policy UD06 of the City of Leicester Local Plan (2006)).

4.Within three months of the date of this permission, or such extended period as may be agreed in writing by the local planning authority, a Landscape and Ecological Enhancement Plan shall be submitted to, and approved in writing by, the local planning authority. All planting shall be installed in accordance with the within approved Plan and within the first available planting season following the approval of the Plan. Thereafter, all planting shall be established and (for a period of not less than thirty years following the completion of the development) shall be maintained in accordance with the approved Landscape Ecological Management Plan. (In the interests of biodiversity enhancement, and in accordance with Policy CS17 of the Leicester Core Strategy (2014)).

5.The spaces between the containers shall be kept free from obstruction and shall be permanently available for loading and unloading to take place within the site. (To ensure that the space within the site remains fit for purpose and in the interests of highway safety, and in accordance with Policy CS03 of the Leicester Core Strategy (2014) and saved Policy AM01 of the City of Leicester Local Plan (2006)).

6.The vehicle turning space shown on the approved plan shall be kept free from obstruction and shall be permanently available to enable vehicles to always enter and leave the site in a forward direction. (To ensure that the space within the site remains fit for purpose and in the interests of highway safety, and in accordance with Policy CS03 of the Leicester Core Strategy (2014) and saved Policy AM01 of the City of Leicester Local Plan (2006)).

7.No containers shall be installed above those hereby approved without planning permission having first been obtained from the local planning authority. (In the interests of the amenity at neighbouring residential properties, and in accordance with Policy CS03 of the Leicester Core Strategy (2014) and saved Policy PS10 of the City of Leicester Local Plan (2006)).

8.The change of use shall be carried on in accordance with the following approved plans: AVD-781-FRN-PL02 Rev.C (As Built Currently) rec'd 07/11/2023. (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/or 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.