Agenda item

20220709 - Burleys Way, Corah Factory Site

Ward: Abbey

Proposal: Hybrid planning application comprising: FULL Planning Permission for the demolition of all buildings on site (excluding 2 chimneys and façade of the 1865 OTB building); alterations to the southern façade of the 1865 building (OTB); erection of 6 storey building at rear of retained facade to provide 45 flats (20 x 1 bed and 25 x 2 bed) (Class C3) with a mix of commercial, amenity and service areas on the lower levels; single storey side extension to retained façade and building; and up to 366sqm of commercial uses (Class E and F2) and OUTLINE permission for the construction of buildings up to 18 storeys to provide up to 1,100 dwellings (Classes C2 and C3), commercial uses (Classes E, F2 and Sui generis (public houses, wine bars, drinking establishments and hot food takeaways)), hotel (Use Class C1), multi-storey car park, pedestrian footbridge across Grand Union Canal with associated landscaping, public realm and associated infrastructure (with all matters reserved). (amended plans) (subject to a Section 106)

Applicant: CityRegen Leicester Ltd and Galliford Try Investment

 

The Planning Officer presented the report.

 

Oliver Corbett addressed the Committee and spoke in support to the application.

 

Burt McNeil 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.

 

RESOLVED: Permission was granted subject to conditions

 

            CONDITIONS

 

1.         That part of the development hereby approved in full, as defined on drawing OTB-AHR-XX-SC-DR-A-0550- S2 Rev P1 (hereby referred to as the Old Textile Building (OTB)) shall be carried out in accordance with the approved plans outlined in condition 72.

            (For the avoidance of doubt and to ensure a satisfactory standard of development).

 

2.         The OTB development shall be begun within five years from the date of this permission. 

            (To comply with Section 91 of the Town & Country Planning Act 1990.)

 

            SITE WIDE CONDITIONS – PRIOR TO DEMOLITION

 

3.         Development Delivery

            In the instance of phased demolition, prior to any works on site including demolition, and with each reserved matters application(s), a phasing development plan (or plans) and indicative build out programme shall be submitted to and approved in writing by the local planning authority. The phasing development plan shall: 

           

            i) Include details of how the proposed development Outline Plots/Development Plots are anticipated to be brought forward for approval of reserved matters including an indicative build out programme and an anticipated construction timetable; 

            ii) Demonstrate the relationship between the proposed development and any completed plots or phases and the OTB;

            iii) Demonstrate the relationship between the proposed development and the completed or phases of public realm

           

            Once approved it shall be known as the 'Approved Phasing' Plan unless or until a further iteration is approved. The subsequent demolition and redevelopment shall be carried out broadly in accordance with the approved plan.

            (To ensure that the benefits of the Scheme which are relied upon to justify the demolition of buildings of heritage value are delivered. In accordance with Core Strategy policies CS03, CS04 and CS18. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

4.         In the instance that demolition is carried out as one building operation, no demolition of any building (other than works to the OTB) shall take place until details of the development contract for the redevelopment of either Plot OP1.1 or frontage development on Plot OP2 has been submitted to and approved in writing by the local planning authority pursuant to a reserved matters application(s). The development contract shall include an indicative build out programme and an anticipated construction timetable. The subsequent demolition and redevelopment shall be carried out broadly in accordance with the approved contract.

            (To ensure the satisfactory redevelopment of the application site prior to the existing building loss in accordance with Core Strategy policies CS03, CS04 and CS18, the NPPF. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

5.         Archaeology (Investigations & Reporting)

            A) No demolition shall take place until a Programme of Archaeological Work has been submitted to and approved in writing by the Local Planning Authority in general accordance with the submitted Written Scheme of Investigation (dated 29/02/2022). The Programme shall include:

            (1) an assessment of significance and how this applies to the regional research framework;

            (2) the programme and methodology of site investigation and recording;

            (3) the programme for post investigation assessment;

            (4) provision to be made for analysis of the site investigation and recording;

            (5) provision to be made for publication and dissemination of the analysis and records of the site investigation;

            (6) provision to be made for archive deposition of the analysis and records of the site investigation;

            (7) nomination of a competent person or persons or organization to undertake the works set out within the Written Scheme of Investigation.

            B) No demolition or development shall take place other than in accordance with the Programme of Archaeological Work approved under (A) above.

            C) No part of the development (Full or Outline) shall be occupied until the site investigation and post investigation assessment for that Plot has been completed in accordance with the Programme approved under (A) above, and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

            (To ensure that any heritage assets that will be wholly or partly lost as a result of the development are recorded and that the understanding of their significance is advanced and in accordance with Core Strategy policy CS18. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

6.         Archaeology (Ground Disturbance)

            Before any demolition or development is begun within each Development Plot, the following details shall be submitted to and approved in writing by the Local Planning Authority:

            i. Details of all below ground disturbance including but not limited to basement, foundations, piling configuration, drainage, services trenches and temporary works for that Plot, to be included in a detailed Design & Method Statement. Such details must show the preservation of surviving archaeological remains which are to remain in situ.

            ii. The basement, foundations and piling configuration for that Plot shall be constructed in accordance with the details set out on the drawings and Design & Method Statement approved under (i) above. 

            (To help to determine the extent and impact of the loss of heritage assets of archaeological interest that will result from this development; and in accordance with Core Strategy policy CS18.)

 

7.         Biodiversity

            Prior to the commencement of any demolition and prior to the commencement of development for each Development Plot, a Construction Environmental Management Plan (CEMP: Biodiversity) for that Plot shall be submitted to and approved in writing by the Local Planning Authority. The CEMP (Biodiversity) shall include the following:

            i) Risk assessment of potentially damaging construction activities;

            ii) Identification of "biodiversity protection zones";

            iii) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements);

            iv) The location and timing of sensitive works to avoid harm to biodiversity features;

            v) The times during construction when specialist ecologists need to be present on site to oversee works;

            vi) Responsible persons and lines of communication;

            vii) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person; and,

            viii) Use of protective fences, exclusion barriers and warning signs.

            The approved CEMP (Biodiversity) shall be adhered to and implemented throughout the demolition and construction period.

            (To ensure the satisfactory development of the site and to avoid harm to protected species and important wildlife corridors. In accordance with Core Strategy policy CS17. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

8.         Demolition/ Construction Method Statement 

            Prior to the commencement of demolition within an Outline Plot and prior to the commencement of development for each Outline Plot, a Construction Method Statement for the demolition and construction of each Plot (or part of thereof), with consideration being given to the water environment and flood risk management, shall be submitted to and approved in writing by the Local Planning Authority. The approved Construction Method Statement shall be adhered to throughout the demolition and construction period. The Statement shall provide for: 

            i) the vehicle and pedestrian temporary access arrangements including 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 the construction of the development;

            iv) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

            v) wheel washing facilities and sweeping to prevent and remove dirt/debris deposited on the highway;

            vi) measures to control the emission of dust and dirt during construction;

            vii) a scheme for the storage, recycling, and disposing of waste resulting from the demolition and construction works

            viii) the proposed phasing of demolition and development and a detailed description of the works in each phase

            ix) the temporary access arrangement to the construction site;

            x) procedures to ensure flood risk is managed on site during the period of works for personnel, plant and members of the public

            xi) the procedures to ensure flood risk is not increased anywhere outside of the site for the duration of the works;

            xii) the procedures to ensure pollution and sedimentation is minimised to any adjacent watercourse and the procedure to be used in case of a pollution incident;

            xiii) the measures that will be undertaken to ensure the structure of any adjacent watercourse is not impacted by the proposed development.

            xiv) measures shall also include details of hours of operation with a provision for circumstances where extended hours may be needed.

            xv) details of temporary parking/service areas to be provided, retained and kept available at each stage of construction of the development.

            xvi) a list off all works to be carried out in the highway and arrangements to facilitate these works, including temporary traffic management plan/s and permits, licences and TTROs required.

            (To ensure the satisfactory development of the site, and in accordance with saved policies AM01, PS10, PS11 and UD06 of the City of Leicester Local Plan and Core Strategy policy CS02 and CS03. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

9.         Construction Noise

            Unless otherwise agreed through a Construction Method Statement pursuant to condition 8 (above), construction operations utilising site equipment and/or plant and machinery generating noise that exceeds 65(dBA) Laeq (over a 1 hour period) at the façade of residential or noise sensitive premises shall only be carried out between the hours of 0800 to 1800 Mondays to Fridays, 0800 to 1300 on Saturdays and at no time on Sundays and Bank Holidays.

            (In the interests of neighbouring amenity and in accordance with saved policies PS10 and PS11 of the City of Leicester Local Plan).

 

10.       Working Time Limits

            No construction or demolition work, other than unforeseen emergency work, shall be undertaken outside of the hours of 0800 to 1800 Monday to Friday, 0800 to 1800 Saturday or at any time on Sundays or Bank Holidays, unless the methodology for any exceptions to this has been submitted to and agreed by 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.

            (To protect the amenity of nearby residents in accordance with saved policy PS10 of the Leicester Local Plan).

 

11.       Protected Species Surveys

            Prior to the commencement of any demolition on site, where any extant protected species surveys as approved in Condition 72 are no longer valid, protected species surveys shall be carried out of all appropriate buildings, areas and features by a suitably qualified ecologist. The survey results and any revised mitigation measures (the Report) shall be submitted to and approved in writing by the Local Planning Authority.  Demolition shall be carried out in accordance with any identified mitigation measures in the approved Report.

            (In accordance with Core Strategy Policy CS17 AND to comply with the Wildlife and Countryside Act 1981 (as amended by the CRoW Act 2000), the Habitat & Species Regulations 2017. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

            CONDITIONS RELATING TO THE FULL PERMISSION

 

12.       Structural Drawings

            Prior to any structural works being carried out, including demolition associated with the OTB, full structural engineers drawings confirming the design solution for the careful dismantling of the parts of the Old Textile Building (OTB) that are not being retained and the proposed propping of the retained façade, as well as the enabling works and full construction works for the modern structure affixed to the retained historic façade shall be submitted to and approved in writing by the Local Planning Authority. This shall include:

            i) A method statement for the primary demolition works and details of how any other demolition works in close proximity to the heritage asset will ensure the integrity of the structure is protected;

            ii) Details of how historic material, such as brickwork and stonework, will be carefully dismantled for reuse where possible in the reconstructed side elevations;

            iii) Detailed designs for both the temporary propping of the historic façade and the works to tie in the permanent structure to it. 

            All works associated with and close to the OTB facade shall be carried out in accordance with these approved details.

            (To ensure all reasonable steps are taken to protect this locally listed façade during demolition and subsequent redevelopment, and in accordance with Core Strategy policy CS18. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

13.       OTB Conservation and Repair Works

            Prior to the commencement of any works to redevelop the OTB, details confirming the extent of external repair / alteration works to the OTB shall be submitted to and approved in writing by the Local Planning Authority. This shall include:

            i) Specification and schedule of work for stone/brick repairs and repointing; 

            ii) Specification of conservation cleaning and provision of cleaning test patch in a less obtrusive location;

            iii) Specification for repairs to more minor retained details, such as rainwater goods.

            The OTB development shall be carried out in accordance with these approved details. 

            (To maintain the character and appearance of this locally listed facade and in accordance with policy CS18 of the Core Strategy.)

 

14.       OTB Window and Door Details

            Prior to the commencement of the re-development of the OTB full details including horizontal and vertical cross sections of all windows (scale 1:20 / 1:5 as appropriate) and doors (scale 1:5 / 1:10 as appropriate) types shall be submitted to and approved in writing by the Local Planning Authority and the works carried out in accordance with the approved details.

            (To maintain the character and appearance of this locally listed facade and in accordance with policy CS18 of the Core Strategy.)

 

15.       OTB Materials Specification

            Prior to the commencement of the re-development of the OTB, the following shall be submitted to the local planning authority for inspection on site and approval in writing:

            i) Full details of all external materials to be used in the construction of the OTB on a sample panel drawing, including all manufacturer specifications, 

            ii) A full size sample panel(s) (in accordance with (i) above) showing all materials to be used on the external finishes, including the brick type, mortar and bonding as well as the stone string course shall be constructed for inspection and approval in writing by the Local Planning Authority. 

            The OTB development shall be carried out only in accordance with the approved details. 

            (In the interests of visual amenity and design quality, and in accordance with Core Strategy policies CS03 and CS18 and paragraph 135 of the NPPF).

 

16.       OTB Access Arrangements

            Prior to the commencement of the re-development of the OTB, full details of the means of access for pedestrians, cyclists and general vehicle access for the OTB including for delivery and servicing shall be submitted to and approved in writing by the Local Planning Authority. The details shall include:

            i) access routes for pedestrians, cyclists and vehicles between the OTB and the adopted highway,

            ii) Proposed alterations required within the adopted public highway, including alterations to existing footways, pedestrian crossing points, carriageways and amendments to TROs in place in order to enable creation of the access.

            iii) any proposed new areas within the site to be offered for future highway adoption.

            The approved details shall be implemented and open for use prior to occupation of any part of the OTB.

            (In the interests of highway safety and convenience of all highway users, including disabled people and pram and wheelchair users, the amenity of future residents, visual amenity and in accordance with saved policies AM01, AM02, and H07 of the City of Leicester Local Plan and Core Strategy policies CS03, CS14 and CS15)

 

17.       OTB Sustainable Drainage Systems (Surface Water Drainage)

            Prior to the commencement of the re-development of the OTB full details of the Sustainable Drainage System (SuDS) for the OTB together with implementation, long term maintenance and management of the system shall be submitted to and approved in writing by the Local Planning Authority. No part of the OTB shall be occupied or brought into use, until the system has been implemented in full. 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 reduce surface water runoff and to secure other related benefits in accordance with policy CS02 of the Core Strategy). 

           

18.       OTB Drainage

            Prior to the commencement of the re-development of the OTB, details of drainage system for the OTB shall be submitted to and approved by the Local Planning Authority. No part of the OTB shall be occupied or brought into use 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).

 

19.       OTB Flood Risk Assessment

            Development of the OTB shall be carried out in accordance with the approved Flood Risk Assessment (FRA) dated (March 2022) (CSL-BWB-ZZ-XX-RP-YE-001_FRA) and the following mitigation measures detailed within the FRA, insofar as they relate directly to the OTB:

            i) Safe access/egress

            ii) Flood resistance and resilience measures

            The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing/phasing arrangements embodied 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 ensure safety of future occupiers from flood risk and in accordance with Core Strategy policy CS02). 

 

20.       OTB Energy Efficiency Measures 

            Prior to the commencement of the re-development of the OTB full design details of energy efficiency measures and low carbon technologies to be installed at the OTB shall be submitted to and approved in writing by the Local Planning Authority. Development of the OTB shall be carried out in accordance with the approved details and no part of the OTB shall be occupied until evidence demonstrating satisfactory operation of the approved scheme including on-site installation has been submitted to and approved in writing by the Local Planning Authority.

            (In the interests of securing energy efficiency in accordance with Core Strategy Policy CS02).

 

21.       OTB Commercial Use Time Restriction

            The commercial use hereby approved in the OTB shall not be carried out outside the hours of 0700 and 2300 daily. 

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

 

22.       OTB Ground Floor Amenity/Commercial Use Confirmation

            Prior to the OTB being brought into use, details of the final use of the Ground Floor currently labelled as "Amenity or Commercial Space" on plan no. OTB-AHR-XX-GF-DR-A-0500-P2 rev. P2 received on 21/02/2024, shall be submitted to and approved in writing by the Local Planning Authority. 

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

 

23.       OTB Basement Use Restriction

            The internal amenity space in the OTB basement identified on plan no. OTB-AHR-XX-BS-DR-A-0500 Rev. P1, received on 22/09/2023, shall be made available for use by the residents of the OTB only and for no other purposes. 

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

 

24.       OTB Flue, Extraction Unit, Air Conditioning Unit Details

            No flue, extraction unit or air conditioning unit shall be installed to any external wall of the OTB without details first being submitted to and approved in writing by the Local Planning Authority. 

            (To maintain the character and appearance of this locally listed facade and in accordance with policies CS03 and CS18 of the Core Strategy.)

 

25.       OTB Cycle Parking

            Prior to the OTB being brought into first use/occupation, details of secure and sheltered cycle parking for occupiers and employees shall be submitted to and approved in writing by the Local Planning Authority.  The details shall include the following:

            1. Cycle parking use/allocation within the OTB area;

            2. Interim arrangements for cycle parking prior to the Multi-Storey Car Park (MSCP) being developed; and

            3. Final cycle parking use/allocation within the MSCP. 

            Cycle parking shall be made available to residents of the OTB in accordance with these approved details. 

            (In the interests of the satisfactory development of the site and in accordance with saved policy AM02 of the City of Leicester Local Plan).

 

26.       OTB Management Plan

            Prior to the OTB being brought into first use/occupation, a site Management Plan for the OTB shall be submitted to and approved in writing to the Local Planning Authority. The plan shall include details of the following:

            i) Safety and security measures separating the commercial and residential uses and incidental areas;

            ii) Details of deliveries and servicing of the site;

            iii) Management of waste and cycle areas (including how these areas would remain separate between the residential and commercial uses); and

            iv) Management of Waste collection from the residential and commercial uses (to include interim arrangements whilst the phased development (Outline) is under construction.

            The site shall be managed in accordance with the approved Management Plan at all times. 

            (In the interests of the satisfactory development of the site and in accordance with saved policies H07 and PS10 of the City of Leicester Local Plan).

 

            CONDITIONS RELATING TO THE OUTLINE PERMISSION

 

27.       Outline Implementation Time Limits

            Applications for the approval of all Reserved Matters, comprising the external appearance, layout, landscaping, access and scale, shall be submitted to the Local Planning Authority no later than seven years from the date of this permission. The development of any Outline Plot (or part thereof) and/or Area of Public Realm must be commenced within 3 years of the date of the approval of the final Reserved Matters approval in respect of that phase. 

            (To comply with Section 92 of the Town and Country Planning Act 1990).

 

28.       Outline - Plots OP4 & OP5 Design Codes

            Prior to the submission or included with of Reserved Matters applications for Plots OP4 or OP5, a Design Code for each or both plots shall be submitted to and approved in writing by the Local Planning Authority. Any subsequent Reserved Matters application for Plots OP4 and OP5 shall be carried out in accordance with the approved Design Code of that Plot. 

            (To guide the detailed design of the development and ensure the quality of design and protection of townscape and heritage assets in accordance with saved policy UD06 of the City of Leicester Local Plan and Core Strategy Policies CS03 and CS18).

 

29.       Outline - Reserved Matters Application Requirements

            No development within a ‘Development Plot’ hereby approved, shall be begun until details of all reserved matters for that ‘Development Plot’ (appearance, landscaping, layout, access and scale – the Reserved Matters) have been submitted to and approved in writing by the Local Planning Authority. Any application for Reserved Matters shall include:

            i) a Completed Design Code checklist(s) applicable to the Development Plot(s) for which the Reserved Matters approval is sought.

            ii) Detailed drawings including means of highway access for pedestrians, cyclists and vehicles including for servicing and delivery, road/footpath layouts, including connectivity for pedestrians and cyclists through the site (including tie-in details where required), areas of proposed new highway, and plot layouts.

            iii) Detailed drawings to a scale of not less than 1:100 showing the siting, design and external appearances of the building(s), including particulars of the materials to be used for all elevations and roofs.

            iv) Detailed drawings to a scale not less than 1:500 of a landscaping scheme.

            (To ensure a satisfactory appearance and development of the site in accordance with Core Strategy policy CS03).

 

30.       Outline – Details of Off-Site Highway Works

            Prior to commencement of development (excluding demolition) of each Outline Plot and/or Development Plot that adjoins an external road(s), details of the off-site works within the public highway relating to that plot and for the road(s) fronting that plot shall be submitted to and approved in writing by the Local Planning Authority in consultation with the City Highways Authority. 

            The details shall include:

            i) alterations to any existing and proposed new accesses; 

            ii) alterations to the existing footways including areas of widening into the development site; 

            iii) alterations to the carriageway, including alterations to existing TROs;

            iv) proposed materials including areas of enhanced feature paving; 

            v) locations of trees, tree pits, and planting; street lighting proposals; 

            vi) any such matters as necessary to ensure safe operation the surrounding highway; and

            vii) timescales for the completion of those highways works. 

            For the avoidance of doubt, with the exception of Burleys Way, the consideration of necessary alterations within the highway fronting the site shall include entire highway corridor extents. 

            The approved details shall be implemented in accordance with the approved details and within the approved timescales. 

            (In the interests of highway safety and convenience of all highway users, including disabled people and pram and wheelchair users, the amenity of future residents, visual amenity and in accordance with saved policies AM01, AM02, and H07 of the City of Leicester Local Plan and Core Strategy policies CS03, CS14 and CS15)

 

31.       Outline – Compliance with Approved Plans & Documents

            The Outline part of the development hereby granted approval and any subsequent Reserved Matters shall be carried out in accordance with the approved plans detailed in condition 72.

            (For the avoidance of doubt).

 

32.       Outline – Compliance with Approved Design Parameters

            The Outline part of the development hereby granted approval and any subsequent Reserved Matters shall not exceed the maximum parameters with regard to footprint, height, floorspace and volume, as shown on the approved plans detailed in condition 72.

            (To ensure the protection of townscape and heritage assets in accordance with saved policy UD06 of the City of Leicester Local Plan and Core Strategy Policies CS03 and CS18).

 

33.       Outline – Public Realm Phasing Plan & Delivery Timetable

            Prior to or as part of the submission of the first Reserved Matters application which includes the whole or part of the Public Realm (as identified in Public Realm Extents, Ref. FCF-MAB-ZZ-ZZ-DR-A-00105-S1 P19), a Public Realm Phasing Plan and Delivery Timetable shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall include details of which areas of Public Realm will be implemented as part of any Development Plot containing built form, or if the Public Realm will be delivered independently. The public realm shall be built in accordance with the approved Phasing and Delivery Plan.  

            (To ensure that the benefits of the Scheme which are relied upon to justify the demolition of buildings of heritage value are delivered. In accordance with Core Strategy policies CS03, CS04 and CS18.)

 

34.       Works Associated with the Retained Chimneys

            Prior to any site clearance within 8 metres of the retained chimneys or of any structures connected to the chimneys, the following details shall be submitted to and approved in writing by the Local Planning Authority: 

            i) full engineering drawings and a method statement for clearing the area around the two chimneys;

            ii) details of any required protection of the chimneys during demolition and construction, and;

            iii) details of structural repairs required to the chimneys. 

            All works close to the chimneys shall be carried out in accordance with these approved details.

            (To ensure all reasonable steps are taken to protect the locally listed chimneys, and in accordance with Core Strategy policy CS18.)

 

35.       Bridge Delivery

            Prior to the commencement of the first development approved for either Outline Plots OP4 or OP5 (or part thereof) pursuant to a reserved matters approval, a development contract shall have been signed to secure the commencement of the Bridge Development  to complete the link through the site (as approved pursuant to a reserved matters application(s) under this permission) and details of this contract shall have been submitted to and approved in writing by the Local Planning Authority. The contract shall include an indicative build out programme and an anticipated construction timetable.

            The development of the bridge and connection through the site shall be carried out in accordance with the arrangements so approved. 

            (To ensure that the benefits of the Scheme which are relied upon to justify the demolition of buildings of heritage value are delivered. In accordance with Core Strategy policies CS03, CS04 and CS18).

 

36.       Development of the Bridge

            Any reserved matters application which includes the proposed bridge must be submitted with the following details:

            i) Full details of the detailed structural design, in accordance with requirements set out in Design Manual for Roads and Bridges, CD 353 Design criteria for footbridges, appearance, materials and finishes to be used in its construction;

            ii) A Biodiversity Net Gains (BNG) Metric to demonstrate how the proposal will provide a net gain for biodiversity above 0%.

            iii) An Arboricultural Assessment of the trees within Abbey Park that may be affected by the proposed bridge landing, including details of replacement landscaping and replanting;     

            iv) Detailed plans for any necessary regrading of the land within Abbey Park, including section drawings; and

            v) Ecology surveys of that section of the site within Abbey Park, including details of mitigation (repeat surveys should be carried out as per guidelines), unless such surveys as previously submitted and approved in accordance with Condition 71 remain valid. 

            The bridge development must be carried out in accordance with the approved details.

            (In the interest of protecting the trees and wildlife within Abbey Park and in accordance with saved policy UD06 of the Leicester Local Plan and policies CS03 and CS17 of the Core Strategy).

 

37.       Outline – Bridge Construction Method Statement

            No works to construct the public realm ('Grand Union Park; adjacent to the Grand Union Canal) or to construct the footbridge over the canal (including demolition/site clearance operations) shall take place until:

            i) a Method Statement detailing the proposed method of all required demolition/site clearance operations and the design and means of construction of the foundations of the bridge and any structures to be constructed within the public realm, together with any other proposed earthmoving or excavation works as may be required, has first been submitted to and agreed in writing by the Local Planning Authority.

            ii) The Method Statement shall be informed by a condition survey of the Grand Union Canal washwall and shall identify and shall incorporate any measures required to avoid the risk of the development adversely affecting the structural integrity of the Grand Union Canal (such as vibration monitoring during any piling operations or establishment of stand-off distances from the canal for operating plant or machinery) during demolition/site clearance and construction operations and any strengthening works to the canal washwall as may be necessary to facilitate the development.

            iii) Means of access to bring necessary plant and materials on site, alongside the adjacent Outline Plots OP4 and OP5.

            The development shall thereafter only be carried out in accordance with the agreed Method Statement.

            (In the interests of avoiding the risk of creating land instability arising from any adverse impacts from demolition/site clearance operations, foundation construction, earthmoving, excavations or other construction operations which could adversely affect the structural integrity of the adjacent Grand Union Canal in accordance with the advice and guidance on land stability contained in paragraphs 174 and 183 of the National Planning Policy Framework and in the National Planning Practice Guidance).

 

38.       Outline –Multi Storey Car Park - Plot OP3 Parking Management Plan)

            Any Reserved Matters Application for Outline Plot OP3 (Multi-Storey Car Park (MSCP)) shall be submitted with a Parking Management Plan identifying who would have use of these parking spaces and management arrangements for the same. The MSCP shall only be used by residents of the development, their visitors and by staff of the commercial units on the site, or their visitors and any on-site management functions, and shall not be made available for use by the general public.  

            (To ensure that parking can take place in a satisfactory manner; and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03).

 

39.       Outline – Approval of Design Details A

            Each Reserved Matters application that includes details of appearance shall be submitted with details of all external materials for that Development, including a sample panel(s) drawing (at a scale of 1:20) and a materials schedule. (In the interests of visual amenity and to secure design quality and in accordance with Core Strategy policy CS03 and NPPF 2024 Chapter 12 Achieving Well-Designed Places).

 

40.       Outline – Approval of Design Details B

            Prior to any works above slab level of each Development Plot, a materials schedule for that Development Plot alongside the approved Sample Panel drawing shall be submitted to and approved in writing by the Local Planning Authority. All materials for use on the building(s) and surface treatments/ landscaping shall be provided, including the product and manufacturer specification. The materials shall be in broad accordance with the details approved pursuant to condition 39. The Sample panel(s), shall be constructed on site for that Development Plot showing, (but not necessarily limited to) construction techniques, brick, bonding & mortar, window frames, reveals, ventilation panels/louvres and cladding for inspection and approval in writing by Officers. The development within each Outline Plot shall be constructed in accordance with the approved details. (In the interests of visual amenity and to secure design quality and in accordance with Core Strategy policy CS03 and NPPF 2024 Chapter 12 Achieving Well-Designed Places).

 

41.       Outline – Low Carbon Heating Option Details

            Applications for the approval of Reserved Matters for any phase of development hereby approved shall include further details of low carbon options for heating those phases that are proposed to be served by gas boiler systems. Further details of use of low carbon technologies, in addition to the considerations of decarbonisation, WSHPs and connections to District Heating systems shall be submitted to and agreed in writing with the Local Planning Authority. The system shall thereafter be implemented as approved and retained as such.

            (In the interests of securing energy efficiency in accordance with Core Strategy Policy CS02).

 

42.       Outline – Landscape & Ecological Management Plan (LEMP)

            Applications for the approval of Reserved Matters for any phase of the development hereby approved shall be submitted with a detailed Landscape and Ecological Management Plan (LEMP) showing the treatment and maintenance of all parts of that plot which will remain unbuilt upon shall be submitted to and agreed 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, including details of tree pits to be provided within the existing and proposed future adoptable highway, staking, and tying of trees, including tree guards;

            iv) other surface treatments; 

            v) fencing and boundary treatments, including details of the entrance gates; 

            vi) any changes in levels; 

            vii) the position and depth of service and/or drainage runs (which may affect tree roots), 

            viii) a detailed plan of the biodiversity enhancements on the site such as meadow creation and hedgerows including a management scheme to protect habitat during site preparation and post-construction. 

            ix) details of specification and maintenance of green/brown roofs; 

            x) details of the make and type of bird boxes/tiles/bricks and bat boxes/tiles/bricks to be erected on buildings and invertebrate bricks under the guidance and supervision of a qualified ecologist. 

            The approved LEMP shall contain details on the after-care and maintenance of all soft landscaped areas and be carried out within one year of completion of the development. For a period of not less than ten 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 and a written assessment of the landscaped/habitat areas and use by wildlife/species present shall be submitted annually to the Local Planning Authority.  

            (In the interests of amenity, and in accordance with saved policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS03 Urban Design, CS 17 Biodiversity).

 

43.       Outline- Statement of Student Housing Need (PBSA)

            Any Reserved Matters application for purpose-built student accommodation (sui generis) shall be submitted with a Statement of Student Need Assessment, explaining how the proposals accord with the criteria set out in the Council’s Student Housing Supplementary Planning Document 2012 (or any adopted document superseding this).

            (To ensure a satisfactory form of development and in accordance with Core Strategy policy CS06).

 

44.       Outline- Plot Based Daylight, Sunlight and Overshadowing Assessments

            Each Reserved Matters application for each Outline and/or Development Plot shall be accompanied by an updated Daylight, Sunlight and Overshadowing Assessment to demonstrate the effect of the design of the proposed building (based on planning permissions and Reserved Matters approvals at that time combined with the approved Parameter Plans for the outstanding Plots) upon the amenity enjoyed by the future residential occupiers within their habitable rooms, upon any shared private amenity areas and any areas of public realm within that Plot.

            (To ensure that the amenity of future occupiers is acceptable in accordance with saved policy PS10 of the Leicester Local Plan and Core Strategy policy CS03).

 

45.       Outline – Residential C3 Compliance Details

            All residential units falling within Use Class C3 coming forward as part of any subsequent reserved matters applications pursuant to this outline permission shall be constructed to meet the Nationally Described Space Standards (Technical housing standards – nationally described space standard, Department for Communities and Local Government March 2015) or any successor to those standards.

            (To ensure that all dwellings provide an adequate standard of accommodation for future occupants, in accordance with Core Strategy policy CS03 and saved policies H07 and PS10 of the Leicester Local Plan, and the Technical housing standards – national described space standard (2015 ).

           

 

46.       Outline – Residential Layouts M4(2) Compliance Details

            Unless developed as purpose-built student accommodation, all dwellings and the associated parking and approaches shall be constructed in accordance with Category 2: accessible and adaptable dwellings M4(2) Optional Requirement. Prior to the occupation of any dwelling within a specific Development Plot, a completion certificate relating to that Development Plot 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 dwellings are adaptable enough to match lifetime’s changing needs in accordance with Core Strategy policy CS06).

 

47.       Outline – Updated Wind Assessment     

            An updated Wind Assessment shall be submitted with each Reserved Matters Application. The updated Wind Assessment(s) shall take account of the parameter plans, or the details contained within the most recently approved Reserved Matters applications, whichever is more recent. 

            (To mitigate against the effects of any adverse wind conditions in order to allow occupiers, visitors and users of the site to fully use the public realm. In accordance with Core Strategy policy CS03). 

 

48.       Outline – Fire Statement

            Any Reserved Matters Application proposing a residential building (as defined by article 9A of the Town and Country Planning Development Management (England) Procedure Order 2015 as amended article 4 of the 2021 Order) shall be supported by a Fire Statement as detailed in article 9A of the Town and Country Planning Development Management (England) Procedure Order 2015 as amended article 4 of the 2021 Order. 

            (To ensure the safety of occupiers and good building practices in accordance with Core Strategy policy CS03). 

 

49.       Outline – Vehicle Parking Details

            Any Reserved Matters application(s) which include vehicle parking (other than the MSCP in Outline Plot OP3) shall be submitted with details of parking allocation and management. The residential car parking provision subsequently approved within any plot shall be used only for the vehicles of the residents of the development or their visitors and for no other purpose, including public, commuter or contract parking. Parking in each respective Outline Plot shall be used only in accordance with the approved details.  

            (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).

 

50.       Waste Management

            Applications for the approval of Reserved Matters for any Outline and/or Development Plot shall include details of waste management provision for that building. Details shall include:

            i) The proposed storage for external non-recyclable waste and recycling containers.

            ii) The calculations made to determine the overall storage allowance for a maximum of once a week collection.

            iii) The proposed access and collection routes for collection vehicles.

            iv) Reversing distances (if reversing cannot be avoided).

            v) Distances between vehicle collection points and storage areas.

            vi) A turning assessment that has been made using the appropriate software (e.g. Auto Track) and taking into account the vehicle dimensions.

            vii) A statement detailing how the containers will be transported that to the waste collection point at ground level (in developments where the storage is proposed underground).

            The development shall be carried out in accordance with these approved details. 

            (To achieve a satisfactory form of development, and in accordance with saved policies AM01 and H07 of the City of Leicester Local Plan and Core Strategy policy CS03).

 

51.       Outline – Commercial Uses Ventilation, Air Conditioning & Flue Strategy

            Prior to the installation of any external plant within an Outline and/or Development Plot, a ventilation and flue strategy serving the associated commercial uses within that Plot showing the means of mechanical extraction terminating at roof level including details of noise control, external ducting and predicted noise levels at all surrounding proposed and existing noise sensitive receptors.

            (To ensure the protection of townscape and heritage assets in accordance with saved policy UD06 of the City of Leicester local Plan and Core Strategy policies CS03 and CS18).

 

52.       Outline – Compliance with Class E Floorspace Restrictions

            The quantum of Class E floorspace permitted within the buildings shall not exceed the details outlined in Section 4.7 of the approved Development Specification (Ref. 3859LE/R002 v11, dated July 2025). 

            (To ensure that the development does not have any adverse impacts on the vitality and viability of existing centres in accordance with Core Strategy policy CS11 and for the avoidance of doubt).

 

            CONDITIONS RELATING TO ALL PARTS OF THE DEVELOPMENT

 

53.       Contaminated Investigation & Land Remediation

            No development shall be carried out within each Outline and/or Development Plot (not including demolition and site clearance works) until that Plot 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 for that plot 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 for each plot shall be implemented and a completion report for each Development Plot shall be submitted to and approved in writing by the Local Planning Authority before any part of the development in each plot 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 any phase of the development. The report of the Site Investigation Report and related survey 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, pets 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.)

 

54.       Unforeseen Contamination

            If, during development of any Plot, contamination not previously identified or that would not reasonably be expected to be identified is found to be present at the site then no further development for that Plot shall be carried out until an updated remediation strategy detailing how this contamination will be dealt with has been submitted to, and approved in writing by, the Local Planning Authority. The remediation strategy shall be implemented as approved.

            (To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by unacceptable levels of land and water pollution from previously unidentified contamination sources at the development site and in accordance with saved policy PS11 of the City of Leicester Local Plan.)

 

55.       Sustainable Drainage Systems (SuDS)

            Prior to the commencement of development within any Outline and/or Development Plot, full details of the Sustainable Drainage System (SuDS) together with implementation, long term maintenance and management of the system shall be submitted to and approved in writing by the Local Planning Authority. No part of the development within any Plot shall be occupied or brought into use, until the approved system for that plot has been implemented in full. 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 reduce surface water runoff and to secure other related benefits in accordance with policy CS02 of the Core Strategy).

 

56.       Drainage Details

            Prior to the commencement of development in each Outline and/or Development plot excluding the OTB, details of drainage system, shall be submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied or brought into use until the drainage for that plot 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). 

 

57.       Flood Risk Compliance

            The development shall be carried out in accordance with the submitted flood risk assessment (BWB, March 2022, ref. CSL-BWB-ZZ-XX-RP-YE-0001_FRA and the following mitigation measures it details:

            i) The finished floor level of Block F shall be set no lower than 53.8 metres above Ordnance Datum (AOD)

            ii) Ground levels shall not be lowered at the site

            iii) The proposed bridge over the Grand Union Canal shall have a soffit height no lower than 53.68mAOD

            iv) The proposed bridge shall be clear-span in design with footings located outside of the floodplain (flood zone 1).

            These mitigation measures shall be fully implemented prior to occupation of the final Development Plot and subsequently in accordance with the scheme’s timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

            (To reduce the risk of flooding to the proposed development and future occupants; to prevent new flow paths being created for floodwater through the site; to ensure the bridge does not obstruct floodwater during a flood event; and to ensure the bridge footings do no obstruct or constrict/divert flood water during a flood event, and do not occupy floodplain storage. In accordance with Core Strategy policy CS02).

 

58.       Acoustic Survey & Noise Insulation Details

            Prior to the commencement of any above ground works relating to any Development Plot (Full or Outline), an acoustic survey shall be undertaken for that Plot to assess noise from road traffic, external plants and commercial premises especially during peak periods (Thursday, Friday and Saturday) including night time assessments. A Noise Insulation scheme to prevent the transmission of noise into each development Plot shall be carried out in accordance with details which shall first have been submitted to and approved in writing by the Local Planning Authority. The Noise Insulation scheme shall incorporate mechanical ventilation to allow windows to remain closed irrespective of the external conditions if identified as being necessary by the approved noise survey. Windows should not be permanently sealed closed but should be able to kept closed, by choice, whilst allowing residents to enjoy an adequate source of fresh air.

            (In the interests of residential amenity and in accordance with saved policies PS10, PS11 and H07 of the City of Leicester Local Plan).

 

59.       Noise Insulation Between Commercial & Residential Uses

            Prior to any above ground construction of any Development Plot (Full or Outline) which includes commercial uses, details of noise insulation between the ground or lower floor commercial uses and the residential uses at the upper floors shall be submitted to and approved in writing by the Local Planning Authority. The approved mitigation shall be installed in accordance with the approved details. 

            (In the interests of residential amenity and in accordance with saved policies PS10, PS11 and H07 of the City of Leicester Local Plan).

 

60.       Overheating Assessment

            Prior to the commencement of any above ground works relating to any Development Plot (Full or Outline) where a Noise Assessment has deemed that windows cannot be opened; an Overheating Assessment and suitable mitigation measures, if deemed necessary, shall be submitted to and approved in writing. The development must be carried out in accordance with the approved details. 

            (In the interests of residential amenity and in accordance with saved policies PS10, PS11 and H07 of the City of Leicester Local Plan).

 

61.       External Lighting Details

            Prior to the installation of any external lighting within any Development Plot (Full or Outline) or within areas of Public Realm, a detailed design plan of lighting to be used which shows the locations of lights, their type of light emittance and wavelength, together with a lux contour map showing the variation in light within the plot or area of Public Realm, shall be submitted and approved in writing by the Local Planning Authority. The lighting should be designed to cause minimum disturbance to protected species that may inhabit the site with appropriate areas remaining dark and a maximum of 1 lux on vegetated/water areas where considered necessary. The approved scheme shall be implemented and retained thereafter. No additional lighting should be installed without prior agreement from the Local Planning Authority. 

            (In the interests of protecting wildlife habitats and in accordance with NPPF (2021) Para 192, policy CS 17 Biodiversity of the Core Strategy).

 

62.       Highways - Cycle Parking Details

            With the exception of the OTB, no part of any Development Plot shall be occupied until secure and covered cycle parking relating to that plot has been provided, in accordance with written details previously approved in writing by the Local Planning Authority. The cycle parking shall be retained and kept available for that use thereafter. 

            (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).

 

63.       Highways – Framework Travel Plan

            Prior to the submission of any Reserved Matters application, a Framework Travel Plan (FTP) for the whole site shall be submitted to and approved in writing by the Local Planning Authority. No Development Plot (Full or Outline) shall be occupied until a Plot-Specific Travel Plan for that plot has been submitted to and approved in writing by the Local Planning Authority which is broadly in accordance with the approved FTP. The Plot Specific Travel Plan shall: 

            i) assess the site in terms of transport choice for staff, users of services, visitors and deliveries; 

            ii) 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 single occupancy vehicle users, so that all users have awareness of sustainable travel options; 

            iii) identify marketing, promotion and reward schemes to promote sustainable travel and look at a parking management scheme to discourage off-site parking; and

            iv) 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 Plot-Specific Travel Plan shall be maintained and operated thereafter. 

            (To promote sustainable transport and in accordance with saved policies AM01, AM02, and AM11 of the City of Leicester Local Plan and policies CS14 and CS15 of the Core Strategy).  

 

64.       Highways – Residents Travel Pack

            Prior to the first occupation of each dwelling within a Development Plot, the occupiers of each of the dwellings within that Development Plot shall be provided with a ‘Residents Travel Pack’ details of which shall be submitted to and approved in writing by the Local Planning Authority in advance. The contents of the Residents Travel Pack shall consist of: information promoting the use of sustainable personal journey planners, walking and cycle maps, bus maps, the latest bus timetables applicable to the proposed development, and bus fare discount information. 

            (In the interest of promoting sustainable development, and in accordance with saved policy AM02 of the City of Leicester Local Plan and policy CS14 of the Core Strategy)

 

65.       Highways – Signage and Wayfinding Plan

            Details of a Signage and Wayfinding Plan with the purpose of guiding people through the site and towards external and internal routes and connections shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of any Development Plot (Full or Outline). The Plan shall include details of any interim routes during the construction of the phased development. 

            (To ensure legibility, access and travel both within the development site and beyond in accordance with saved policy AM02 of the City of Leicester Local Plan and policy CS14 of the Core Strategy).

 

66.       Highways – Leicester Street Design Guide Compliance

            All street works, including internal streets and paths proposed for future highway adoption, shall be constructed in accordance with the Leicester Street Design Guide (1st Edition) or any subsequent document that supersedes that guidance.

            (To achieve a satisfactory form of development, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03).

 

67.       Air Quality Mitigation Measures

            The development of each Development Plot shall be carried out in full accordance with the Air Quality Mitigation measures as set out in Table 5.5 and Table 5.6 of the Air Quality Assessment (BWB Consulting Limited, ref: BWB-NTS2873-001, April 2022). 

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

 

68.       Delivery & Servicing Management Plan

            Prior to first occupation of each Development Plot, a Delivery and Servicing Management Plan for permanent delivery and servicing arrangements in that Plot and any completed Plots and any interim arrangements (operational during the construction phase) for Plots yet to be completed shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall include operational arrangements for delivery areas, bays and routes through the site. 

            The parking/servicing areas as approved for each Development Plot shall be provided before the occupation of that Plot and shall be retained and kept available for that use.

            (To ensure that deliveries/servicing can take place in a satisfactory manner; and in accordance with saved policies AM01, AM02, and AM11 of the City of Leicester Local Plan and policies CS14 and CS15 of the Core Strategy).  

 

69.       Student Occupation Only

            Should any Outline and/or Development Plot, or part of a Plot be approved for Purpose Built Student Accommodation, then that Plot shall only be occupied by students enrolled on full time courses at further and higher education establishments, or students working at a medical or educational institution as part of their medical or education course.  The owner, landlord or authority in control of that Development Plot shall keep an up to date register of the name of each person in occupation of the development together with course(s) attended, and shall make the register available for inspection by the Local Planning Authority on demand at all reasonable times. 

            (To enable the Local Planning Authority to consider the need for affordable housing in accordance with Core Strategy Policy CS07, and residential amenity standards for any alternative residential use in accordance with saved policies H07 and PS10 of the City of Leicester Local Plan and Core Strategy policies CS03 and CS06.)

 

70.       Communication Apparatus & Antennae Restriction

            Notwithstanding the provisions of Schedule 2, Part 16, Class A, B, C and D of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order, with or without modification), no communication apparatus or antennae shall be installed on any building hereby approved without express grant of permission by the Local Planning Authority. 

            (In the interests of visual amenity in accordance with Core Strategy policy CS03).

 

71.       Changes of Use Restriction

            Notwithstanding the provisions of the General Permitted Development Order (2015) (as amended) or any subsequent revision or amendment to that order, the commercial and service uses hereby approved shall only be used as commercial, service uses within Class E of Schedule 2 of the Use Classes Order 1987 (amended 2020). There shall be no change of use to dwellinghouses by virtue of the provisions of Schedule 2, Part 3, Classes G, M and MA of the Permitted Development Order, or by virtue of any subsequent revision or amendment that would allow for changes of use from such commercial, business and service uses to residential uses. 

            (The impact of other uses on the residential amenity of neighbouring properties, the functioning of the local highway network, the vitality and viability of the City Centre would need to be fully considered by the Local Planning Authority, and in accordance with saved City of Leicester Local Plan policies AM12, PS10, PS11, R03 and R05 and Core Strategy policies CS10, CS12 and CS14).

 

72.       Approved Plans

            Development shall be carried out in accordance with the following approved plans and approved documents:

           

            Full Permission – Old Textile Building

            Old Textile Building Location Plan, Ref. OTB-AHR-XX-SC-DR-A-0550 – S2, received on 29/03/2022,

            Proposed Basement Plan, Ref. OTB-AHR-XX-BS-DR-A-0500, received on 22/09/2023, 

            Proposed Ground Floor Plan, Ref OTB-AHR-XX-GF-DR-A-0500-P2, received on 21/02/2024, 

            Proposed Level 1 Plan, Ref OTB-AHR-XX-GF-DR-A-0501-P2, received on 22/07/2025,

            Proposed Level 2 Plan, Ref OTB-AHR-XX-GF-DR-A-0502-P2, received on 21/02/2024,

            Proposed Level 3 Plan, Ref OTB-AHR-XX-GF-DR-A-0503-P2, received on 21/02/2024,

            Proposed Level 4 Plan, Ref OTB-AHR-XX-GF-DR-A-0504-P2, received on 21/02/2024,

            Proposed Level 5 Plan, Ref OTB-AHR-XX-GF-DR-A-0505-P2, received on 21/02/2024,

            Proposed Roof Level, Ref. OTB-AHR-XX-GF-DR-A-0506-P2, received on 21/02/2024,

            Proposed South and North Elevations, Ref. OTB-AHR-XX-EL-DR-A-0510-P2, received on 21/02/2024,

            Proposed East and West Elevations, Ref. OTB-AHR-XX-EL-DR-A-0511-P1, received on 22/09/2023

            Proposed North Elevation Detail, Ref. OTB-AHR-XX-EL-DR-A-0571-P2, received on 21/02/2024,

            Proposed South Elevation Detail, Ref. OTB-AHR-XX-EL-DR-A-0570-P2, received on 21/02/2024,

            Proposed Arch Bridge Detail, Ref. Ref. OTB-AHR-XX-EL-DR-A-0572-P1, received on 22/09/2023,

            Proposed Cross Section, Ref. OTB-AHR-XX-EL-DR-A-0520-P1, received on 22/09/2023, and

            Proposed Arch Section, Ref. OTB-AHR-XX-EL-DR-A-0521-P1, received on 22/09/2023.

           

            Outline Permission

            Illustrative Masterplan Version 1, Ref. FCF-MAB-ZZ-ZZ-DR-A-00127 P05, received on 22/09/2023,

            Building Heights, Ref. FCF-MAB-ZZ-ZZ-DR-A-00106-S1 P14, received on 02/07/2024, 

            Building Lines, Ref. FCF-MAB-ZZ-ZZ-DR-A-00107-S1 P13, received on 22/07/2025,

            Access and Movement, Ref. FCF-MAB-ZZ-ZZ-DR-A-00103-S1 P15, received on 02/07/2024,

            Masterplan Plot Extents, Ref. FCF-MAB-ZZ-ZZ-DR-A-00104-S1 P17, received on 04/07/2024,

            Public Realm Extents, Ref. FCF-MAB-ZZ-ZZ-DR-A-00105-S1 P19, received on 04/07/2024,

            Parameter Sections 01, Ref. FCF-MAB-ZZ-ZZ-DR-A-00140-S1 P10, received on 22/07/2025,

            Parameter Sections 02, Ref. FCF-MAB-ZZ-ZZ-DR-A-00141-S1 P15, received on 04/07/2024,

            DC00: Design Code Guide DC01 Rev P06: Introductory Document, received on 22/07/2025,

            Site Wide Principles for Buildings, received on 02/07/2024,

            DC02: Site Wide Principles for Public Realm, received on 02/07/2024,

            DC03: Public Realm Character Areas, received on 02/07/2024,

            DC04: Corah Design Code OP1, received on 22/07/2025,

            DC05: Corah Design Code OP2, received on 22/07/2025, and

            DC06: Corah Design Code OP3, received on 22/07/2025.

           

            Approved Documents

            Development Specification V11, received on 22/07/2025,

            Flood Risk Assessment, Ref. CSL-BWB-ZZ-XX-RP-YE-001_FRA), received on 22/03/2022, 

            Biodiversity Net Gain Assessment, ref. CSL-BWB-ZZ-XX-RP-LE-0002_BNG dated August 2023, received on 22/09/2023,

            Ecological Impact Assessment – Main Site, ref.  CSL-BWB-ZZ-XX-RP-LE-0001 dated February 2024, received on 16/02/2024

            Ecological Impact Assessment – Footbridge, ref.  CSL-BWB-ZZ-XX-RP-LE-0001 dated February 2024, received on 16/02/2024,

            Design & Access Statement, Ref. FCF-MAB-XX-XX-RP-A-00001 P10, received on 02/07/2024,

            Acoustic Design Report RIBA Stage 2, Ref. NTS2873, received on 22/09/2023,

            Air Quality Assessment, Ref. SL-BWB-ZZ-ZZ-RP-LA-0001, received on 08/11/2023, 

            Badger Survey dated 22nd May 2024, received on 19/6/2024

            Badger Mitigation Statement, dated July 20245, received on 02/08/2024 and

            Odour Assessment, Ref. CSL-BWB-XX-ZZ-LA-RP-001_ODO, received on 19/06/2024.

           

            (For the avoidance of doubt)

           

 

            NOTES FOR APPLICANT

 

1.         Cadent Gas

            Cadent Gas Ltd own and operate the gas infrastructure within the area of your development. There may be a legal interest (easements and other rights) in the land that restrict activity in proximity to Cadent assets in private land. The applicant must ensure that the proposed works do not infringe on legal rights of access and or restrictive covenants that exist.

            If buildings or structures are proposed directly above the apparatus the development may only take place following diversion of the apparatus. The applicant should apply online to have apparatus diverted in advance of any works, by visiting cadentgas.com/diversions

            Prior to carrying out works, including the construction of access points, please register on www.linesearchbeforeudig.co.uk to submit details of the planned works for review, ensuring requirements are adhered to.

 

2.         Flue

            Any ventilation flue shall carry exhausted air from the cooking area to a discharge point which is not less than 1 metre above the highest ridge of the buildings to which it is attached.

            The termination of the flue shall be plain, with airflow unobstructed by a cowl/bent cowl or rain deflector to maximise the dilution and dispersion of cooking odours.

            Air extracted from the food cooking air will need to pass through a filtration system. In addition to simple grease traps activated carbon filters (or some other approved odour removal technology) shall be incorporated into the design to minimise the likelihood of cooking odours being present in the exhausted air.

 

3.         Waste

            There must be adequate space for residents to access all bins and for waste collection crew to collect any bin in the store without the need to move bins around. Please note that Leicester City Council guidance notes strongly encourage a maximum distance of 10 metres from the bin storage area to the refuse vehicle collection point for bins, this is to be eligible for an assisted collection.

            Please note: access roads to all bin stores should be able to safely accommodate collection vehicles: surfaces, utilities and utility covers should be constructed to withstand the weight of waste collection vehicles (i.e. 32,000 kg).

            The door opening must be wide enough to accommodate all bins and be able to be secured in the open position during collections.

            The bin store should have a cleanable floor and have suitable drainage to facilitate the cleaning of bins and prevent odour and vermin problems. All run off must flow towards a drainage point and access to a water supply should be provided.

            If the door to the bin store has a step or lip, this will have to be removed.

            There should be a dropped kerb from the pavement to the road near the bin store door.

            Access paths for bin movements should be a minimum width of two metres, have a reasonably smooth finish and be level.

            If vehicle access to the building is required, clearance of overhead fixtures and fittings must be allowed for. In cases where the access road has a restricted head height or if the vehicle has to pass through any part of a building, there must be a minimum clearance height of 4000mm. If vehicle access is required the site layout must allow room for the collection vehicle to manoeuvre. A turning assessment should be made with use of the appropriate software (such as Auto Track), taking into account the vehicle dimensions and submitted with the planning application.

 

4.         Canals & River Trust

            1) The proposed footbridge over the Grand Union Canal will require the prior consent of the Canal & River Trust. The applicant/developer is recommended to make early contact with the Trust's Estates Team to discuss matters. Please contact Steve Robinson, Senior Estates Surveyor, at steve.robinson@canalrivertrust.org.uk or on 07710 175114.

            2) The applicant is advised that any works on or oversailing the adjacent Grand Union Canal will require the prior consent of the Canal & River Trust. The applicant/developer should contact the Trust's Infrastructure Services Team to ensure that all necessary consents are obtained and that all works comply with the Trust's current Code of Practice for Works Affecting the Canal & River Trust. Please contact Keith Boswell, Works Engineer, at keith.boswell@canalrivertrust.org.uk or on 07979 304603 for advice in the first instance.

            3) Any discharges of surface water from the development to the adjacent Grand Union Canal will require the prior consent of the Canal & River Trust. The applicant/developer should contact the Trust's Utilities Team for further advice. Please note that the Trust is not a land drainage authority and such discharges are not granted as of right; where they are granted, they will usually be subject to completion of a commercial agreement. Please contact Chris Lee, Regional Utilities Surveyor, at lee.chris@canalrivertrust.org.uk or on 07771 717371 to discuss matters in the first instance.

 

5.         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.

 

6.         Highways Informative

            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/

           

            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.

           

            The Highway Authority’s permission is required under the Highways Act 1980 and the New Roads and Street Works Act 1991 PRIOR to undertaking any works on or in the highway:

           

            For new road construction which will be offered for adoption as highway maintainable at public expense, the applicant must enter into an Agreement with the Highway Authority under Section 38 of the Highways Act 1980. Where these are expected to be new residential roads they shall be designed not only to be consistent with a 20mph speed limit, but shall also be controlled by a 20mph speed limit or 20mph zone by the introduction of a Speed Limit Order (SLO). 

           

            For alterations to the existing highway, the applicant must enter into an Agreement with the Highway Authority under Section 278 of the Highways Act 1980. The costs associated with any temporary traffic management, licences and Temporary Traffic Regulation Orders (TTROs) which may be required to facilitate works during construction will need to be covered by the applicant.

           

            In all of the above, where SLOs and/or Traffic Regulation Orders (TROs) need to be introduced or changed, these shall be funded by the Applicant. The average cost of a SLO is currently in the region of £5,000, and a TRO scheme in the region of £6,500, but these costs can vary depending on the scope and complexity.

           

            The Applicant is advised to contact highwaysdc@leicester.gov.uk for information regarding obtaining approvals, setting up Agreements and/or to discuss the requirements to enable the processing of SLOs and TROs.

           

            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.

           

            If existing buildings to be demolished abut the highway boundary, any barriers, scaffolding, hoarding, footway closure etc. required for the demolition works to be undertaken will require a licence. This should be applied for by emailing Licensing@leicester.gov.uk.

           

            With regards to the Travel Pack the contents of the pack are intended to raise the awareness and promote sustainable travel, in particularly for trips covering local amenities. The applicant should contact highwaysdc@leicester.gov.uk for advice.

           

            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 £6,000, but this cost may rise depending on the complexity. The Applicant should contact traffic.management@leicester.gov.uk to discuss the requirements to enable the TRO to be processed.

 

7.         Contamination

            The CL:AIRE Definition of Waste: Development Industry Code of Practice provides operators with a framework for determining whether or not excavated material arising from site during remediation and/or land development works are waste or have ceased to be waste. Under the Code of Practice:

            - excavated materials that are recovered via a treatment operation can be re-used on-site providing they are treated to a standard such that they are fit for purpose and unlikely to cause pollution

            - treated materials can be transferred between sites as part of a hub and cluster project

            - some naturally occurring clean material can be transferred directly between sites.

            Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on site operations are clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.

 

8.         Environment Agency

            The Environment Agency recommends that developers should refer to our:

            · Position statement on the Definition of Waste: Development Industry Code of Practice and;

            · website at https://www.gov.uk/government/organisations/environment-agency for further guidance.

            · Advice to applicant

            · Duty of Care Regulations 1991

            · Hazardous Waste (England and Wales) Regulations 2005

            · Environmental Permitting (England and Wales) Regulations 2010

            · The Waste (England and Wales) Regulations 2011

           

            Developers should ensure that all contaminated materials are adequately characterised both chemically and physically in line with British Standards BS EN 14899:2005 'Characterisation of Waste - Sampling of Waste Materials - Framework for the Preparation and Application of a Sampling Plan' and that the permitting status of any proposed treatment or disposal activity is clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.

           

            If the total quantity of waste material to be produced at or taken off site is hazardous waste and is 500kg or greater in any 12 month period the developer will need to register with us as a hazardous waste producer. Refer to our website at https://www.gov.uk/government/organisations/environmentagency for more information.

 

9.         Environment Agency Flood Warning and Met Office Server Weather Warning

            Recommendation for signing up to Environment Agency’s Flood Warning and Met Office severe weather warning services:

            It is recommended that all residents/building operators (especially Block F/OP5) sign up for the Environment Agency Flood Warning service and Met Office severe weather warnings email alert service.

 

10.       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 2024 is considered to be a positive outcome of these discussions.