Agenda item

20172626 - 133 Harrison Road

Ward: Rushey Mead

Proposal: Demolition of existing factory. Construction of three storey building to provide 42 flats (23 x 1 bed, 17 x 2 bed, 2 x 3 bed). Parking and landscaping. (amended plans 24th August 2023)

Applicant: JALPUR MILLERS LTD

 

Councillor Joel did not participate in the discussion or vote on this item.

 

The Planning Officer presented the report.

 

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 Committee Members and moved that in accordance with the Officer recommendation and the addendum report, the application be approved, subject to the Planning Officer’s conditions. This was seconded by Councillor Aldred, 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.           No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the Local Panning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: (i) the parking of vehicles of site operatives and visitors; (ii) the loading and unloading of plant and materials; (iii) the storage of plant and materials used in constructing the development; (iv) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; (v) wheel washing facilities; (vi) measures to control the emission of dust and dirt during construction; (vii) a scheme for recycling/disposing of waste resulting from demolition and construction works. (To ensure the satisfactory development of the site, and in accordance with saved policies AM01, 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).

 

3.           No construction or demolition work, other than unforeseen emergency work, shall be undertaken outside of the hours of 0730 to 1800 Monday to Friday, 0730 to 1300 Saturday or at any time on Sundays or Bank Holidays, unless the methodology has been submitted to the City Council Noise and Pollution Control Team. The methodology must be submitted at least 10 working days before such work commences and agreed, in writing, by the City Council Noise and Pollution Control Team.

              The City Council Noise and Pollution Control Team shall be notified of any unforeseen emergency work as soon as is practical after the necessity of such work has been decided by the developer or by anyone undertaking the works on the developer's behalf.

              (In the interests of the amenities of nearby occupiers, and in accordance with saved policies PS10 and PS11 of the City of Leicester Local Plan.)

 

4.           No development (other than demolition) shall be carried out until the site has been investigated for the presence of land contamination, and a Site Investigation Report incorporating a risk assessment and, if required, scheme of remedial works to render the site suitable and safe for the development, has been submitted to and approved in writing by the Local Planning Authority. The approved remediation scheme shall be implemented, and a completion report shall be submitted to and approved in writing by the Local Planning Authority before any part of the development is occupied. Any parts of the site where contamination was previously unidentified and found during the development process shall be subject to remediation works carried out and approved in writing by the Local Planning Authority prior to the occupation of the development. The report of the findings shall include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, ground waters and surface waters, ecological systems, archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This shall be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11". (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 development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with saved policy PS11 of the City of Leicester Local Plan To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.).

 

5.           No development (other than demolition) shall be carried out until full details of the Sustainable Drainage System (SuDS) together with implementation, long term maintenance and management of the system have been submitted to and approved in writing by the Local Planning Authority. No dwelling 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: (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 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)

 

6.           No development (other than demolition) shall be carried out until details of foul drainage, have been submitted to and approved by the Local Planning Authority. No dwelling 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.           A) No development (other than demolition) shall be carried out until a materials schedule in broad accordance with the materials shown on the approved plans and the submitted materials details all received on 24/08/2023, including all external materials with product specification and RAL colours, and a materials sample panel drawing (at a scale of 1:20) showing (but not necessarily limited to) brick, bonding & mortar, colour of mortar, window frames, reveals, ventilation panels/louvres materials and coverings, paint finish, fenestration profiles, lintels, sills, window dressings, reveals and cladding, have been submitted to and approved in writing by the Local Planning Authority.

              B) Prior to any development above floor slab level the approved sample panel(s) and approved materials to be used on all external elevations and roofs shall be constructed on site for inspection showing (but not necessarily limited to) brick, bonding & mortar, colour of mortar, window frames, reveals, ventilation panels/louvres materials and coverings, paint finish, fenestration profiles, lintels, sills, window dressings, reveals and cladding. The development shall be constructed in full accordance with the approved details.

              (In the interests of visual amenity, and in accordance with 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)

 

8.           Should the development not commence, including any demolition, within 24 months of the date of the last protected species survey (23/08/2023), then a further protected species survey shall be carried out of the building 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 protected species survey Thereafter the survey shall 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 Leicester Core Strategy).

 

9.           No works above ground level shall commence until a detailed landscape and ecological management plan (LEMP), in conjunction with the approved Landscape Proposals ref 23.1762.001 rev A received 24/08/2023, showing the treatment and maintenance of all parts of the site which will remain unbuilt upon has been submitted to and approved in writing by the Local Planning Authority. The development shall not be brought into use until the LEMP has been implemented in accordance with the approved details. 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, as shown in the approved Landscape Proposals ref 23.1762.001 rev A received 24/08/2023; (iii) means of planting, staking, and tying of trees, including tree guards; (iv) other surface treatments; (v) any changes in levels; (vi) the position and depth of service and/or drainage runs (which may affect tree roots), vii) a detailed plan of the biodiversity enhancements on the site such as the rain garden and hedgerow improvements including a management scheme to protect habitat during site preparation and post-construction. viii) details of planting design ix) details of the make and type of 3x bird boxes/tiles/bricks, 3x swift boxes/tiles/bricks and 4x bat boxes/tiles/bricks to be installed on buildings or trees under the guidance and supervision of a qualified ecologist.

              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 interest of biodiversity, amenity and the character and appearance of the area, and in accordance with saved policy UD06 of the City of Leicester Local Plan and Core Strategy policies CS03 and CS17).

 

10.         No  development (other than demolition) shall be carried out until full design details of the Photovoltaic Panels, Air Source Heat Pumps and any other externally mounted plant and machinery have been submitted to and approved in writing by the Local Planning Authority. The details of the Photovoltaic Panels and Air Source Heat Pumps shall be in full accordance with the information provided within the Sustainable Energy Statement (dated 28/06/2021) received on 12/07/2021, No part of the development shall be occupied until evidence demonstrating satisfactory operation of the approved scheme, including on-site installation of energy efficiency measures and solar PV panels, has been submitted to and approved in writing by the Local Planning Authority, in line with the approved details provided. The installations shall be retained and maintained thereafter. (In the interests of securing carbon reduction and energy efficiency and in accordance with Core Strategy policy CS02).

 

11.         No part of the development shall be occupied until the 2 metre by 2 metre sight lines on each side of each vehicular access have been provided, and they shall be retained thereafter. (In the interests of the safety of pedestrians and other road users, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03).

 

12.         No part of the development shall be occupied until the following works have been carried out in accordance with written details approved in advance by the Local Planning Authority: (a) footway crossing at the vehicular access; (b) alterations to footway crossing(s); (c) reinstatement of any redundant footway crossings and/or damaged or altered areas of footway or other highway. (To ensure a satisfactory means of access to the highway, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03).

 

13.         Within one month of the first occupation of any flat, the occupiers of each of the flats shall be provided with a ‘Residents Travel Pack’. The contents of this shall be submitted to and approved in writing and in advance by the Local Planning Authority and shall include walking, cycling and bus maps, latest relevant bus timetable information and bus travel and cycle discount vouchers. (In the interest of sustainable development and in accordance with saved policy AM02 of the City of Leicester Local Plan and Core Strategy policy CS14).

 

14.         No part of the development shall be occupied until secure and covered cycle parking has been provided and it shall be retained thereafter, in accordance with written details previously submitted to and approved by the Local Planning Authority. (In the interests of the satisfactory development of the site and in accordance with saved policies AM02 and H07 of the City of Leicester Local Plan).

 

15.         Before the occupation of any part of the development, a Parking Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The premises shall be managed in accordance with the approved parking management plan thereafter.  All parking areas shall be surfaced and marked out in accordance with details which shall first have been submitted to and approved in writing by the Local Planning Authority, and shall be retained for parking and not used for any other purpose. (To ensure that parking can take place in a satisfactory manner, and in accordance with saved policies AM01 and AM12 of the City of Leicester Local Plan and Core Strategy policy CS03).

 

16.         The development shall not be occupied until the store for refuse bins has been provided in accordance with plans to be submitted to and approved in writing by the Local Planning Authority and is accessible to all occupiers. The bin store shall be retained thereafter for the storage of refuse in connection with the use and occupation of the development and all refuse bins shall be kept within the designated area other than on refuse collection days. (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).

 

17.         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 servicing and deliveries will be managed; (ii) the security of the development and its occupiers; (iii) dealing with refuse bins, dealing with bins on collection days and maintaining the external areas of the site. The premises shall be managed in accordance with the approved management plan thereafter. (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 saved policy PS10 of the City of Leicester Local Plan and Core Strategy policies CS03, CS06 and CS15).

 

18.         No part of the development shall be occupied until the first and second floor east facing windows facing 74 Canon Street are fitted with sealed obscure glazing to Pilkington level 4 or 5 (or equivalent) with the exception of a top opening light and retained as such. (In the interests of the amenity of the future occupiers of 74 Canon Street and in accordance with saved policy PS10 of the City of Leicester Local Plan).

 

19.         All flats and 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 any of the flats a completion certificate signed by the relevant inspecting Building Control Body shall be submitted to the local planning authority certifying compliance with the above standard. (To ensure the flats are adaptable enough to match lifetime's changing needs in accordance with Core Strategy policy CS06)

 

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

             

              Received 24th August 2023

              •           Proposed Site Plan, A1333 P001 rev D

              •           Proposed Basement Plan, A1333 P002 rev A

              •           Proposed Ground Floor Plan, A1333 P003 rev B

              •           Proposed First Floor Plan, A1333 P004 rev B

              •           Proposed Second Floor Plan, A1333 P005 rev B

              •           Proposed Roof Plan, A1333 P006 rev C

              •           Proposed Elevations, A1333 P007 rev C

              •           Proposed Balustrade Detail, A1333 P008 rev B

              •           Proposed Detailed Elevations, A1333 P009 rev C

              •           Proposed Boundary Walls, A1333 P010 rev A

              •           Proposed Skin Section A-A, A1333 P011 rev C 

              •           Proposed Skin Section B-B, A1333 P012 rev C

              •           Proposed Skin Section C-C, A1333 P013 rev C

              •           Proposed Skin Section D-D, A1333 P014 rev C

              •           Feature Brickwork Details, A1333 P015 rev A

              •           Feature Brickwork Details, A1333 P016 rev A

              •           Landscape Proposals, 23.1762.001 rev A

              (In order to ensure compliance with the approved plans).

 

              NOTES FOR APPLICANT

 

1.           To meet condition 17 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) and M4(3). 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) and M4(3) requirements. Any application to discharge this condition will only be considered if accompanied by a building regulations completion certificate/s as stated above.

 

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-strategy-documents/

             

 

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.

             

              Temporary direction signing for developments can be provided within the highway. The Highway Authority requires all temporary signing schemes are designed, implemented and maintained to an appropriate and acceptable standard. The temporary signing scheme including details of the sign faces, locations and means of fixing must be submitted for approval. These signs must comply with the Traffic Signs Regulations and General Directions (TSRGD). Applications must be submitted to the Council at least four weeks before the signs are to be erected. Applicants will agree to reimburse the City Council for the full costs involved in the processing of the application and any subsequent planning, design, implementation and maintenance of the signs. The Local Authorities (Transport Charges) Regulations 1998 refers, and charges are set in LCC minor charges report updated annually; available via this link https://www.leicester.gov.uk/media/181997/minor-fees-and-charges-for-transportation-services-2020-2021.pdf.

              In the event of signs not being removed expeditiously, the Council will remove them and recharge the costs to the promoter. For more information please contact highwaysdc@leicester.gov.uk.

              Any barriers, scaffolding, hoarding, footway closure etc. required for the demolition or construction works to be undertaken will require a licence. This should be applied for by emailing Licensing@leicester.gov.uk.

 

4.           With regards to the Travel Plan and Travel Packs, it is intended to raise the awareness and promote sustainable travel, in particularly for trips covering local amenities. The applicant should contact Bal.Minhas@leicester.gov.uk for advice.

 

5.           The costs for the alterations of the TROs should be funded by the Applicant. The average cost of a TRO scheme is currently in the region of £5,000, but this cost may rise depending on the complexity. The Applicant is advised to contact Ed Kocik in the Traffic Management section, tel. 0116 4543714 to discuss the requirements to enable the TRO to be processed.

 

6.           Development on the site shall avoid the bird nesting season (March to September), but if this is not possible, a re-check for nests should be made by an ecologist (or an appointed competent person) not more than 48 hours prior to the commencement of works and evidence provided to the LPA. If any nests or birds in the process of building a nest are found, these areas will be retained (left undisturbed) until the nest is no longer in use and all the young have fledged. An appropriate standoff zone will also be marked out to avoid disturbance to the nest whilst it is in use.

              All wild birds are protected under the Wildlife and Countryside Act (1981) as amended making it an offence to kill, injure or disturb a wild bird and during the nesting season to damage or destroy an active nest or eggs during that time.

 

7.           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.