Agenda item

Ward: Stoneygate

Proposal: Outline application for construction of two houses (2 x 4 bed) (Class C3) including access, appearance, layout and scale with landscaping reserved

Applicant: Mr and Mrs Parmdeep and Palbir Vadesha

The Planning Officer presented the report.

Kevin Beint addressed the Committee and spoke in opposition to the application.

Ashok Parmar 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 moved that in accordance with the Officer recommendation, that 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.         An application for approval of all reserved matters shall be made within three years from the date of this permission and the development shall be begun not later than two years from the date of the final approval of all the reserved matters. (To comply with Section 92 of the Town & Country Planning Act 1990).

2.         Before the occupation of the dwellings, all external framing for the windows to the front and side elevations of both properties shall be finished in white and be retained in white for the lifetime of the development. (In the interests of visual amenity and good design and in accordance with Core Strategy policy CS03).

3.         The external walls of both properties shall be finished in brickwork similar in appearance to the brickwork of 32-38 Waldale Drive and the roof shall be finished in tiles similar in appearance to the tiles of 32-38 Waldale Drive. The development shall be retained as such for the lifetime of the development. (In the interests of visual amenity and good design and in accordance with Core Strategy policy CS03).

4.         Notwithstanding the provisions of the General Permitted Development Order (2015) (as amended) (or any order revoking and re-enacting that Order with or without modification), no enlargement, improvement or other alteration or construction of additional storeys (as specified in Part 1, Classes A and AA of Schedule 2 of The Order), no additions to the roof (as specified in Part 1, Class B of Schedule 2 of The Order) and no buildings etc incidental to the enjoyment of a dwellinghouse (as specified in Part 1, Class E of Schedule 2 of The Order) shall be constructed or undertaken without express planning permission first being granted by the local planning authority. (In the interests of visual amenity and good design, the residential amenity of neighbouring properties and of future residents of the proposed properties and in accordance with saved City of Leicester Local Plan policy PS10 and Core Strategy policy CS03).

5.         Before the occupation of the dwellings two secure and covered cycle spaces (one for each property) shall be provided on site. The spaces shall be retained thereafter. (In the interests of the satisfactory development of the site and in accordance with saved City of Leicester Local Plan policy AM02).

6.         Before the occupation of the dwellings, the footway crossing and vehicular access shall be provided in accordance with the Leicester Street Design Guide, June 2020 and shall be retained as such. (To ensure a satisfactory means of access to the highway and in accordance with saved City of Leicester Local Plan policy AM01 and Core Strategy policy CS03).

7.         Before the occupation of the dwellings the two car parking spaces for each dwelling shall be provided within the curtilage of the dwelling and shall be retained for vehicle parking. (To secure adequate off-street parking provision, and in accordance with saved City of Leicester Local Plan policy AM12).

8.         Detailed plans and particulars of the landscaping (referred to in Condition 1 as "reserved matters") together with a Preliminary Ecological Appraisal, a Landscape and Ecology Management Plan (including specific biodiversity enhancements measurable from the environmental condition of the site at 30.01.2020), a Sustainable Urban Drainage Scheme and Drainage Layout Plan, and an Arboricultural Impact Assessment and Tree Protection Plan, details of replacement trees and details of the maintenance of the site for a 30 year period, dealing with matters in relation to landscaping shall be submitted to and approved in writing by the local planning authority before the development is begun.

9.         The Landscape and Ecology Management Plan referred to in Condition 8 above shall include a detailed landscaping and ecological mitigation scheme showing the treatment of all parts of the site which will remain un-built upon shall be submitted to and approved in writing by the local planning authority. This scheme shall include details of: (i) the position and spread of all existing trees, shrubs and hedges to be retained or removed; (ii) new tree and shrub planting, including plant type, size, quantities and locations; (iii) means of planting, staking, and tying of trees, including tree guards; (iv) other surface treatments; (v) fencing and boundary treatments; (vi) any changes in levels; (vii) the position and depth of service and/or drainage runs (which may affect tree roots) and (viii) the location and type of biodiversity enhancements to be incorporated into the built design or garden areas (ix) management and maintenance details of the Landscape and Ecology Management Plan. The approved landscaping and mitigation scheme shall 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 City of Leicester Local Plan policy UD06 and Core Strategy policies CS03 and CS17.)

10.       The Sustainable Urban Drainage Scheme referred to in Condition 8 above 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. The approved sustainable urban drainage scheme shall be shall be completed within one year of completion of the development and maintained throughout the lifetime of the development. (To reduce surface water runoff and to secure other related benefits in accordance with Core Strategy policy CS02).

11.       The Drainage Layout Plan referred to in Condition 8 above shall be installed in full accordance with the approved details or in accordance with a phasing plan submitted as part of the details and shall be retained and maintained thereafter. (To ensure appropriate drainage is installed and in accordance with Core Strategy policy CS02).

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

            Pro. Block Plan, ref. no. ME11223-03, received 15.02.24

            Proposed Plans, House. 1, ref. no. ME11223-04A, received 15.02.24

            Proposed Elevations for H. No. 1, ref. no. ME11223-05A, received 15.02.24

            Proposed Plans, House. 2, ref. no. ME11223-06A, received 15.02.24

            Proposed Elevations for House. 2, ref. no. ME11223-07A, received 15.02.24

            (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.