Agenda item

20221210 - 150 St Nicholas Circle, 1-7 and 13 Bath Lane

Ward: Abbey

Proposal: Demolition of existing buildings, Construction of a 4, 5, 6 and 7 storey building containing student accommodation (102 studios, 1 x 3 bed cluster flat and 5 x 4 bed cluster flats)(Sui Generis) with associated communal, amenity and ancillary space. (Amended plans)

Applicant: Mr Mandeep Dhadwar

 

Councillors Agath and Singh-Johal joined the meeting with no declarations of interest.

 

The Planning Officer presented the report.

 

There were no speakers for or against the application.

 

Members of the Committee considered the application and Officers responded to questions and queries raised by the Committee.

 

The Chair summarised the application and points raised by Committee Members and moved that in accordance with the Officer recommendation, the application be approved. 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.           The development hereby approved 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 the development 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, and parking provision in accordance with saved policies AM02 and AM12 of the City of Leicester Local Plan.)

 

3.           No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the Local Planning Authority. The approved Statement shall be adhered to throughout the demolition and construction period. The Statement shall provide for: (i) the parking of vehicles of site operatives and visitors; (ii) the loading and unloading of plant and materials; (iii) the storage of plant and materials used in constructing the development; (iv) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; (v) wheel washing facilities; (vi) measures to control the emission of dust and dirt during construction; (vii) a scheme for recycling/disposing of waste resulting from demolition and construction works. (To ensure the satisfactory development of the site, and in accordance with saved policies AM01, UD06 of the City of Leicester Local Plan and Core Strategy policy CS03. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

4.           No machinery shall be operated and no work shall be undertaken outside the hours of 07.30 to 18.00 hours Mondays to Fridays, and 07.30 to 13.00 hours Saturdays, nor at any time on Sundays or officially recognised public holidays. (In the interests of the amenities of nearby occupiers, and in accordance with saved policy PS10 of the City of Leicester Local Plan.)

 

5.           (A) Before the development is begun, excluding demolition, a materials sample panel drawing (at a scale of 1:20) and full materials schedule shall be submitted to and approved in writing by the Local Planning Authority. (B) Prior to the construction of any above ground works the approved sample panel shall be constructed on site, showing all external materials, including but not limited to, bricks, bond, railings, windows, doors and cladding, for inspection by Officers and approval in writing by the Local Planning Authority. The development shall only be constructed in accordance with the approved materials. (In the interests of visual amenity, and in accordance with Core Strategy policy CS03. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.

 

6.           1. Before the development is begun, including demolition, a programme of archaeological fieldwork adhering to a Written Scheme of Investigation (WSI) in respect of a site strip, characterisation and excavation shall be submitted to and approved in writing by the Local Planning Authority. No groundworks (including removal of current foundations and slabs) or new development shall take place or commence until the WSI has been approved . The scheme shall include:

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

              (2) the programme and methodology of site investigation, recording, and, where applicable, preservation in situ;

              (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 following post-excavation assessment and updated project design;

              (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.

              2. No demolition or development shall take place other than in accordance with the Written Scheme of Investigation approved under (1) above.

              3. The development shall not be occupied or this condition discharged until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under (1) above and following an agreed Updated Project Design, and suitable and costed provision has been made and secured for the analysis, publication and dissemination of results and archive deposition. (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)

 

7.           No development shall take place until a Method Statement detailing the design and means of construction of the foundations of the buildings hereby permitted, together with any other proposed earthmoving or excavation works required in connection with their construction, has first been submitted to and approved in writing by the Local Planning Authority. The Method Statement shall include details of a scheme of vibration monitoring to be implemented if any piling is proposed to minimise the risk of adversely affecting the structural integrity of the Grand Union Canal during such operations. The development shall only be carried out in accordance with the approved Method Statement. (In the interests of avoiding the risk of creating land instability arising from any adverse impacts from foundation construction, earthmoving, excavations or construction operations which could adversely affect the structural integrity of the nearby Grand Union Canal in accordance with the advice and guidance on land stability contained in paragraphs ??? and ??? of the NPPF and in National Planning Practice Guidance. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

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

 

9.           Before the development is begun, excluding demolition, details of the implementation, long term maintenance and management of the Sustainable Drainage System (SuDS) as approved shall be submitted to and approved by the Local Planning Authority. No studio or cluster flat shall be occupied until the system has been implemented. It shall thereafter be managed and maintained in accordance with the approved details. Those details shall include: (i) a timetable for its implementation, and (ii) 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. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

10.         Before the development is begun, excluding demolition, details of foul drainage, shall be submitted to and approved in writing by the Local Planning Authority. No studio or cluster flat shall be occupied until the foul drainage has been installed in accordance with the approved details. It shall be retained and maintained thereafter. (To ensure appropriate drainage is installed in accordance with policy CS02 of the Core Strategy. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

11.         Before any above ground works are begun details of the ventilation strategy for the development to prevent overheating shall be submitted to and approved in writing by the Local Planning Authority. The ventilation strategy shall equate to open windows deemed to be 4 air changes per hour on demand. The approved ventilation strategy and measures shall be carried out before the occupation of any studio or cluster flat and shall be retained and maintained thereafter. (In the interests of residential amenity and in accordance with saved policies PS10 and PS11 of the City of Leicester Local Plan)

 

12.         Before any above ground level works are begun, a detailed landscape and ecological management plan (LEMP) showing the treatment and maintenance of the site which will remain unbuilt upon shall be submitted to and approved in writing with the Local Planning Authority. This scheme shall include details of: (i) the position and spread of all existing trees, shrubs and hedges to be retained or removed; (ii) new tree and shrub planting, including plant type, size, quantities and locations; (iii) means of planting, staking, and tying of trees, including tree guards; (iv) other surface treatments; (v) fencing and boundary treatments; (vi) any changes in levels; (vii) the position and depth of service and/or drainage runs (which may affect tree roots), viii) a detailed plan of the biodiversity enhancements on the site including a management scheme to protect habitat during site preparation and post-construction. ix) details of planting design and maintenance of; x) details of the make and type of 2 x bat boxes/tiles/bricks and 2 x bird bricks (suitable for swifts) to be incorporated within the elevations of the building under the guidance and supervision of a qualified ecologist and their monitoring for a period of two years and results submitted annually to the Local Planning Authority with the agreed features retained thereafter. 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. (In the interests of amenity and biodiversity, and in accordance with saved policy UD06 of the City of Leicester Local Plan and Core Strategy policies CS03 and CS17).

               

             

             

 

13.         Should the development not commence within 18 months of the date of the last protected species survey (05/07/2025), then a further protected species survey shall be carried out of all buildings by a suitably qualified ecologist. The survey results and any revised mitigation shall be submitted to and agreed in writing with the Local Planning Authority and any identified mitigation measures carried out in accordance with the approved plan. Thereafter the survey should be repeated every 18 months and any mitigation measures reviewed by the Local Planning Authority until the development commences. (To comply with the Wildlife and Countryside Act 1981 (as amended by the CRoW Act 2000), the Habitat & Species Regulations 2017 and CS17 of the Core Strategy).

             

14.         The development hereby permitted shall at all times be managed and operated in full accordance with a Site Wide Management Plan, the details of which shall be submitted to and approved in writing by the Local Planning Authority before the first occupation of any part of the development.  The management plan shall set out procedures for:

              (i) how servicing and deliveries will be managed;

              (ii) refuse collection arrangements

              (iii) the security of the development and its occupiers;

              (iv) maintaining the external areas of the site;

              (v) restriction of car ownership / use of the car parking space;

              (vi) cycle parking and cycle storage including provision for use of the cycle parking by employees.

              (To ensure the development is properly managed so as to minimise its effect on the surrounding area and in the interests of the safety and security of its occupiers in accordance with the aims of Core Strategy policies CS03, CS06 and CS15 and saved policy PS10 of the City of Leicester Local Plan.)

 

15.         Before any part of the development is occupied details of a student accommodation management plan shall be submitted to and approved in writing by the Local Planning Authority and the accommodation shall at all times be managed and operated in full accordance with the approved plan. Any amendments to this document shall first be submitted to and approved in writing by the Local Planning Authority. (In the interests of residential amenity and in accordance with saved policy PS10 of the City of Leicester Local Plan and the Student Housing Supplementary Planning Document)

 

16.         Prior to the first occupation of each studio and cluster flat, the occupiers of each of the units shall be provided with a ‘Residents Travel Pack’ details of which shall have first been submitted to and approved in writing by the Local Planning Authority. The contents of the 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)

 

17.         The development shall be carried out in accordance with the recommendations within the approved Redmore Environmental Air Quality Assessment with particular reference to Table 19 and Section 6 - Mitigation. (In the interests of residential amenity and in accordance with saved policy PS11 of the City of Leicester Local Plan and Core Strategy policy CS02)

 

18.         The development shall only be carried out in accordance with the submitted Energy Efficiency Statement. Before the development is occupied evidence shall be submitted to and approved in writing by the Local Planning Authority demonstrating the satisfactory operation of the installed energy efficiency measures. (In the interest of energy efficiency and caron reduction and in accordance with Core Strategy policy CS02).

 

19.         The development shall be carried out in accordance with the approved Leema Technologies Acoustic Report Ref: L5380. Before any studio or cluster flat is occupied a post completion noise assessment shall be carried out and the results submitted to and approved in writing by the Local Planning Authority. (In the interests of residential amenity and in accordance with saved policies PS10 and PS11 of the City of Leicester Local Plan)

 

20.         The development shall be built to the finished floor levels (FFL's) as shown on plan refs: 1446 P2 - 31 Rev c and 1446 P2 - 32 Rev C. (For the avoidance of doubt)

 

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

             

              Proposed site plan, 1446 P2-10 Rev C, received 5th August 2024

              Proposed floor plans, 1446 P2 - 20 Rev F, received 20th January 2025

              Proposed floor plans, 1446 P2 - 21 Rev G, received 20th January 2025

              Proposed elevations, 1446 P2 - 31 Rev C, received 17th April 2025

              Proposed elevations, 1446 P2 - 32 Rev C, received 17th April 2025

              Materials and construction, 1446 P2 - 40 Rev C, received 17th April 2025

              Materials and construction, 1446 P2 - 41 Rev C, received 17th April 2025

              Materials and construction, 1446 P2 - 42 Rev C, received 17th April 2025

              Materials and construction, 1446 P2 - 44 Rev A, received 17th April 2025

             

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

             

              NOTES FOR APPLICANT

 

1.           The City Council, as local planning authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received. This planning application has been the subject of positive and proactive discussions with the applicant during the process and pre-application.

              The decision to grant planning permission with appropriate conditions taking account of those material considerations in accordance with the presumption in favour of sustainable development as set out in the NPPF 2024 is considered to be a positive outcome of these discussions.

 

2.           The property may be suitable for roosting bats, which are protected by law from harm. The

              applicant should ensure that all contractors and individuals working on the property are

              aware of this possibility, as works must cease if bats are found during the course of the

              works whilst expert advice from a bat ecologist is obtained. Bats are particularly associated

              with the roof structure of buildings, including lofts, rafters, beams, gables, eaves, soffits,

              flashing, ridge-tile, chimneys, the under-tile area, etc. but may also be present in crevices in

              stone or brickwork and in cavity walls. Further information on bats and the law can be found

              here Bats: protection and licences.

 

3.           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 Local Planning Authority. 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.  Further information on birds and the law can be found here Wild birds: protection and licences - GOV.UK (www.gov.uk)