Agenda item

20240076 - Gervas Road, The Mayflower

Ward: Thurncourt

Proposal: Change of use from public house (& ancillary flat) (Sui Generis) to place of worship and community/education centre (Class F1) (amended plans 15/5/24)

Applicant: Gervas Properties Ltd

The Planning Officer presented the report.

Councillor Osman addressed the Committee and spoke in support of the application.

Members of the Committee considered the report and Officers responded to the comments and queries raised.

The Chair summarised the application and the points raised by Members of the Committee and moved that in accordance with the Officers recommendation, the application be approved subject to the conditions set out in the report and additional conditions set out in the addendum report. This was seconded by Councillor Cassidy and upon being put to the vote, the motion was CARRIED.

RESOLVED: That the application be APPROVED subject to the conditions set out below:

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 use shall not be carried on outside the hours of Mon-Fri 0900-2100 and Sat-Sun 0900-1700. (In the interests of the amenities of nearby occupiers, and in accordance with saved policy PS10 of the City of Leicester Local Plan.)

3.         The use shall not commence until the hardstanding has been marked and laid out in accordance with details shown on the car park layout drawing (drawing ref 454/P1-02, received 15/05/2024), including signs indicating the entrance (vehicular) from Ocean Road and exit (vehicular) onto Gervas Road. The markings (including the entrance and exit signs) shall be retained and the front area of hardstanding shall not be used for any purpose other than access/egress and vehicle parking for the lifetime of the use. (In the interests in highway safety, and in accordance with saved policies AM01 and AM11 of the City of Leicester Local Plan and Core Strategy policies CS03 and CS14.)

4.         Notwithstanding the submitted Travel Plan, no part of the development shall be occupied until a Travel Plan for the development has been submitted to and approved in writing by the City Council as local planning authority and shall be carried out in accordance with a timetable to be contained within the Travel Plan, unless otherwise agreed in writing by the Council. 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 a 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;

            (d) provide details on how additional parking will be provided and managed during peak times of the use of the building, and shall include (i) the peak times when the additional parking spaces will be brought into use, so that for general day to day use the car park shall be used in accordance with the approved site layout; (ii) a plan showing how the additional parking will be arranged within the site when required, (iii) how the use of the additional spaces will be stewarded and managed within the site, (iv) how the flow of vehicles into the site will be efficiently stewarded so vehicles can enter the site unhindered and do not have to unduly wait or queue within the highway (v) how off-site parking will be monitored and discouraged (vi) how a route through the site will be maintained for emergency access;

            (e) 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 AM11 of the City of Leicester Local Plan and policies CS14 and CS15 of the Core Strategy).

5.         The hardstanding around the site and the grassed area to the south and east of the main building shall not be used for any formal scheduled activities (for example worship, religious events, weddings, classes or community events) at any time during the lifetime of the use (in the interest of the amenity of neighbouring residents and in accordance with saved policy PS11 of the City of Leicester Local Plan).

6.         No amplified call to prayer or aural announcement of activities shall take place at the site at any time (in the interest of the amenity of neighbouring residents and in accordance with saved policy PS11 of the City of Leicester Local Plan).

7.         The use as a community centre shall not commence until the cycle shelters have been installed as shown on the approved car park layout drawing (drawing ref 454/P1-02, received 15/05/2024). The shelters shall be retained for the lifetime of the use. (In the interests of the satisfactory development of the site and in accordance with saved policy AM02 of the City of Leicester Local Plan).

8.         The development shall be carried out in accordance with the approved Flood Risk Assessment (FRA) dated December 2023 and the following mitigation measures detailed within the Flood Risk Assessment (FRA):

           - Safe access/egress

           - Emergency Flood Plan

           - Flood resistance and resilience measures

           - Finished Floor Levels (FFL)

           The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing/phasing arrangements detailed within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority in consultation with the Lead Local Flood Authority (to provide a safe development and in accordance with Core Strategy policy CS02).

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

            Car park layout - drawing ref 454/P1-02, received 15/05/2024

            All plans - drawing ref 454/P1-01, Rev A, received 15/05/2024.

            (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.         The site is partially within Flood Zone 2 and a critical drainage area. Including sustainable urban drainage systems within the development can reduce surface water runoff. The Lead Local Flood Authority recommends that the following SuDS could be integrated: rainwater harvesting; bioretention; green/brown roofing; & blue roofing.

3.         The Lead Local Flood Authority recommend that:

            The design should be appropriately flood resistant and resilient by:

            - using flood resistant materials that have low permeability to at least 600mm above the estimated flood level

            - making sure any doors, windows or other openings are flood resistant to at least 600mm above the estimated flood level

            - using flood resilient materials (for example lime plaster) to at least 600mm above the estimated flood level

            - by raising all sensitive electrical equipment, wiring and sockets to at least 600mm above the estimated flood level

            - making it easy for water to drain away after flooding such as installing a sump and a pump

            - making sure there is access to all spaces to enable drying and cleaning

            - ensuring that soil pipes are protected from back-flow such as by using non-return valves.

4.         As the building will be undergoing an 'extensive refurbishment program', it is recommended that a Preliminary Bat Roost Assessment (PRA) be carried out in order to determine the likely presence/absence of bats within the building prior to commencement of works.