Agenda item

20241138 - 171-173 London Road

Ward: Castle

Proposal: Change of use from Office to 16 serviced apartments (Class C1) together with minor external alterations and other ancillary works (retrospective) (Amendments received 18th November 2024)

Applicant: 51 William and George Ltd

Councillor Kitterick withdrew from the meeting.

The Planning Officer presented the report.

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. This was seconded by Councillor Mohammed 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.         Prior to the occupation of any proposed unit, details of the proposed boundary treatment shall be submitted to and approved by the City Council as local planning authority. The details shall include:

            a)     A sample of the proposed bricks including their material, colour, mortar colour, bond type, and spacing.

            b)     A sample of the proposed coping stone including its design, material, and colour.

            c)      1:20 drawings showing the relationship between the brick walls and the existing bay window.

            d)     The species of the proposed hedging.

            The boundary wall shall be constructed in accordance with these details prior to the occupation of any proposed unit, and retained thereafter with the hedging planted in the next planting season and maintained for the next 30 years. (In the interests of visual amenity and to preserve the character and appearance of the conservation area and in accordance with saved Policy UD06 and Core Strategy policies CS03 and CS18).

3.         Within 6 months of the date of this development, the porch shall be fitted with timber windows and door in accordance with the approved plans (Proposed Elevations Including Retrospective Works, 1044-INK-LNR-ELEV-DR-A-01303, revision P05, received 18 November 2024) and retained as such. (The current porch is not considered a satisfactory form of development and is a harmful addition to the character of the conservation area and original building, and in accordance with Core Strategy Policy CS03).

4.         Within 6 months of the date of this development, the plastic vents shall be replaced with cast iron vents as shown on the approved plans and retained as such. No additional vents or extracts shall be installed on the building unless details of their location, material, and size are first submitted to and agreed in writing with the Local Planning Authority. (In the interests of visual amenity, to preserve the significance of the heritage assets and in accordance with Core Strategy policies CS03 and CS18).

5.         Prior to the occupation of any unit, details of mechanical ventilation that allows for 4 air changes per hour and does not exceed the recommended noise levels set out in the noise assessment (reference Sanctuary Acoustics, Document 003, received 26th June 2024) are submitted to and approved in writing by the local planning authority.

            These measures shall be retained as such and at the same minimum performances indicated above for the lifetime of the development.

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

6.         Prior to the occupation of any unit, details regarding how to get to the site via car, and sustainable methods of transportation (as exampled in page 10 of the draft Travel Plan received on the 26th June) shall be made available to all future customers when booking rooms hereafter. (To promote sustainable methods of transportation in accordance with Core Strategy policy CS14 and saved City of Leicester Local Plan policy PS10).

7.         The development shall not come into use until a Delivery, Servicing and Waste Management Plan has been submitted to and approved by the City Council as local planning authority. The Delivery, Servicing and Waste Management Plan shall include:

            a) a schedule of weekly dates and times for deliveries and waste collections along with the location for loading and unloading, including notification of vehicle arrival to staff and collection points shown on a plan and any other necessary measures

            b) a schedule of anticipated routine servicing throughout an annual period

            c) the name/role and contact details of the responsible person or single point of contact delegated to oversee the Delivery, Servicing and Waste Management Plan.

           
The Delivery, Servicing and Waste Management Plan shall be operated from the date of the development coming into use and shall be maintained throughout the lifetime of the development.

            (In the interests of the proper functioning of the highway and the residential amenity of neighbouring properties and in accordance with Core Strategy policy CS14 and saved City of Leicester Local Plan policy PS10).

8.         The hotel hereby approved shall only be used as a hotel (Class C1) and none of the rooms shall be occupied by any person or persons for longer than 60 consecutive days in any one calendar year, except in the instance where a room may be occupied by a member of staff employed by the hotel business occupying the site at the time and with their employment requiring primarily on-site duties. (In the interests of the amenity of future occupiers and in accordance with Saved City of Leicester Local Plan Policy PS10).

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

            Proposed Site Plan Including Retrospective Works and Wall Detail, 1044-INK-LNR-ALL-Dr-A-01302, revision P03, received 18 November 2024

            Proposed Elevations Including Retrospective Works, 1044-INK-LNR-ELEV-DR-A-01303, revision P05, received 18 November 2024

            Proposed Floor Plans Including Retrospective Works, 1044-INK-LNR-ALL-Dr-A-01301, revision P03, received 18 November 2024

            (For the avoidance of doubt).

            NOTES FOR APPLICANT

1.         There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply.

            Based on the information available, this permission is considered to be one which will not require the approval of a biodiversity gain plan before development is begun because the following statutory exemption/transitional arrangement is considered to apply:

            Development below the de minimis threshold, meaning development which:

            i) does not impact an onsite priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and

            ii) impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).

2.         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.