Agenda item

20250928 - Heacham Drive, Land to South

Ward: Abbey

Proposal: Erection of 60 dwellings, with access, open space, drainage, landscaping, and associated infrastructure (Amended Plans)(S106 Agreement)

Applicant: Barratt David Wilson Homes North Midlands

 

The Planning Officer presented the report.

 

Ellie Dukes addressed the Committee and spoke in support of the application.

 

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

 

The Chair summarised the application and points raised by Committee Members and moved that the application be approved subjection to the conditions noted in the addendum. This was seconded by Councillor Dr Moore, and upon being put to the vote, the outcome was nine in favour, one abstention, therefore the motion was CARRIED.

 

RESOLVED: Approved subject to addendum and section 106

 

            CONDITIONS

 

1. Prior to the commencement of development a Habitat Management and Monitoring Plan (HMMP) to set out the management of all the proposed biodiversity enhancements in accordance with the submitted DEFRA Metric and prepared in accordance with a Biodiversity Gain Plan, shall be submitted to and approved in writing by the local planning authority. The HMMP shall be strictly adhered to and implemented in full for its duration and shall contain the following:

a)    Description and evaluation of the features to be managed;

b)    Ecological trends and constraints on site that may influence    management;

c)    Aims, objectives and targets for management - links with local and national species and habitat action plans;

d)    Description of the management operations necessary to achieving aims and objectives;

e)    Preparation of a works schedule, including annual works schedule;

f)     Details and a timetable of the monitoring needed to measure the effectiveness of management;

g)    Details of the persons responsible for the implementation and monitoring;

h)    Mechanisms of adaptive management to account for necessary changes in work schedule to achieve the required targets; and

i)     Details of methodology and frequency of monitoring reports to be submitted to the Local Planning Authority to assess biodiversity gain

Within six months of the practical completion of the final dwelling, the habitat creation and enhancement works set out in the approved HMMP shall be completed, and a completion report evidencing the completed habitat enhancements has been submitted to and approved in writing by the Local Planning Authority. The residential garden for each individual dwelling shall be created prior to the occupation of the corresponding dwelling.

 

The development shall thereafter be undertaken in accordance with the approved HMMP. All habitat creation, management and monitoring measures shall be fully implemented and maintained for no less than 30 years following completion of the habitat works.

 

Notice in writing shall be given to the Local Planning Authority when the HMMP works have started. Monitoring reports shall be submitted to the Local Planning Authority in writing in accordance with the methodology and frequency specified in the approved HMMP.

 

(To enhance biodiversity, and in accordance with paragraph 187 of the National Planning Policy Framework, paragraph 13 of Schedule 7A to the Town and Country Planning  Act 1990 and 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).

           

2.    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.)

 

3.    The proposed Parallel Cycle and Zebra Crossing, as presented generally on the S278 GA - Pedestrian Access off Heacham Drive drawing no. H7666 contained at Appendix B of the ADC Infrastructure Transport Statement Blackbird Road Phase 2 dated 13/05/2025, shall be implemented prior to occupation of the 50th dwelling (In the interests of pedestrian and cycle connectivity, highway safety, and accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

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

 

5.    All street works shall be constructed in accordance with the Leicester Street Design Guide, June 2020. (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.)

 

 

6.    Within one month of the first occupation of any dwelling, the occupiers of each of the dwellings shall be provided with a 'New Residents Travel Pack'. The contents of this shall be similar to that as approved under discharge of condition application 20222144, and which shall be submitted to and approved in writing by the local planning authority. The pack shall include walking, cycling and bus maps, latest relevant bus timetable information and bus travel and cycle discount vouchers. (In the interest of sustainable development and in accordance with saved policy AM02 of the City of Leicester Local Plan and policy CS14 of the Core Strategy).

 

7.    Prior to first occupation, the electric charging points (one per dwelling) shall be provided in accordance with guidance in the Leicester City Council’s Air Quality Action Plan. All charging points shall be retained and kept available for use by electric vehicles thereafter. (In the interest of sustainable development and in accordance with policy CS14 of the Core Strategy.)

 

8.    Before the occupation of the development the parking spaces shown on the approved plans shall be provided and shall be retained for vehicle parking. (To secure adequate off-street parking provision, and in accordance with saved policy AM12 of the City of Leicester Local Plan.)

 

9.    Prior to the commencement of development, notwithstanding the information already submitted as part of this application, a Construction Method Statement, with consideration being given to ecology, highway safety, 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 construction period. The Statement shall provide for:

(i)            temporary construction access;

(ii)          the vehicle and pedestrian temporary access arrangements including the parking of vehicles of site operatives and visitors;

(iii)         the loading and unloading of plant and materials;

(iv)         the storage of plant and materials used in the development;

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

(vi)         wheel washing facilities;

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

(viii)       a scheme for storage and management  (including recycling and disposing) of waste resulting from excavation and construction works (ix) the proposed phasing of development and a detailed description of the works in each phase 

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

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

(xi)         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;

(xii)        the measures that will be undertaken to ensure the structure of any adjacent watercourse is not impacted by the proposed development.(xiv) a list of 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.

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

 

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

                                          i.    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.

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

 

 

11.Prior to the commencement of development a Dust Management Plan shall be submitted to, and approved in writing, by the Local Planning Authority. The development must be carried out in accordance with the details to be approved. (In the interests of the amenities of nearby occupiers and in accordance with Core Strategy policy CS02.) (To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

12.Prior to the commencement of development 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 by the local planning authority. No property shall be occupied until the system has been implemented. It shall thereafter be managed and maintained in accordance with the approved details. Those details shall include: (i) full design details, (ii) a timetable for its implementation, and (iii) a management and maintenance plan for the lifetime of the development, which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the system throughout its lifetime. (To 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).

 

13.Prior to the commencement of development details of drainage, shall be submitted to and approved by the local planning authority. No property shall be occupied until the drainage has been installed in accordance with the approved details. It shall be retained and maintained thereafter. (To ensure appropriate drainage is installed in accordance with policy CS02 of the Core Strategy. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

14.Prior to the commencement of any above ground works, a detailed landscape management plan (LMP) showing the treatment and maintenance of all parts of the site which will remain unbuilt upon shall be submitted to and approved in writing by the local planning authority. This scheme shall include details of: (i) other surface treatments; (ii) fencing and boundary treatments, including details of any entrance gates; (iii) any changes in levels; (iv) the position and depth of service and/or drainage runs (which may affect tree roots), (In the interests of amenity, and in accordance with saved policy UD06 of the City of Leicester Local Plan and Core Strategy policies CS03 and CS17).

 

15.No development shall take place until a badger mitigation strategy has been submitted to and agreed in writing by the local planning authority for the specified activity/development as outlined in the ecology report (Ecological Appraisal Report revision A (FPCR, May 2025).(To comply with the Wildlife and Countryside Act 1981 (as amended by the CRoW Act 2000), the Habitat and Species Regulations 2017 and policy CS17 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

 

 

16.No dwelling shall be occupied until the mitigation measures as identified in Section 8 of the Acoustic Assessment (December 2025, 26838-ENV-0401 Rev B by MEC) have been installed. (In the interests of the amenities of the occupants of the new dwellings, and in accordance with saved policy PS10 of the City of Leicester Local Plan.)

 

 

17.Prior to the commencement of development above ground level, full design details of energy efficiency and renewable energy measures as outlined in the Sustainable Energy Statement Blackbird Road Phase 3 dated July 2025 shall be submitted to and approved in writing by the Local Planning Authority. No part of the development 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. The installations shall be retained and maintained thereafter. (In the interests of carbon reduction and energy efficiency and in accordance with Core Strategy policy CS02.)

 

18.Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no enlargement or other alteration to any dwelling house of types specified in Part 1, Classes A, C and E of Schedule 2 to that Order shall be carried out without express planning permission having previously been obtained. (Given the nature of the site, the form of development is such that work of these types may be visually unacceptable or lead to an unacceptable loss of amenity to occupiers of neighbouring properties or to future residents; and in accordance with saved policy PS10 of the City of Leicester Local Plan).

 

19.All dwellings shall be constructed in accordance with the "Category 2: Accessible and adaptable dwellings M4 (2) Optional Requirement" of the Building Regulations Part M. Three units (as specified in the application) shall be constructed to M4(3) standards. On completion of the scheme and prior to the occupation of the development a completion certificate signed by the relevant inspecting Building Control Body shall be submitted to the local planning authority certifying compliance with the above standard. (To ensure the development enables access for all and is adaptable enough to match lifetime's changing needs in accordance with Core Strategy policy CS06).

 

20.Notwithstanding the approved plans, prior to the commencement of any above ground works, a materials schedule for the development shall be submitted to and approved in writing by the local planning authority. All materials for use on the buildings and surface treatments/ landscaping shall be provided, including the product and manufacturer specification. The materials shall be in broad accordance with the specifications submitted as part of the application.

 

B.   Prior to the commencement of any above ground works a sample panel shall be constructed on site in accordance with the approved drawing reference H7666-101 A, showing all external materials including bricks, brick bonds, mortar colour, tiles, weatherboard and render for inspection and approval in writing by the local planning authority. Any additional brick types not shown on the main sample panel will need to be submitted on a 1sqm sample panel, with one panel for each additional coloured brick, showing any detailing if applicable. The sample panel(s) shall be submitted with detailed drawings of the sample panels and a confirmation photograph. The development shall be constructed in accordance with the approved sample panel and materials. (In the interests of visual amenity and character and appearance of the area and in accordance policy CS03 of the Core Strategy and saved policy UD06 of the City of Leicester Local Plan.)

 

 

21.The development hereby permitted shall be carried out in full accordance with the following drawings:

           

      H6894-012 - Master Management Plan Rev C

      H7666-02 - Blackbird Road Location Plan Rev B         

      LDG2 H8 DS02 - GARAGES 6 x 3m Double Garage              

      LSG1 H8 DS02 - GARAGES 6 x 3m Single Garages              

      N0018079-1 - Gas Layout             

      EN0018079-1 - Electric Layout                

      H6894-205-01 - Water Layout                  

      H7666-201 - North Crossing point           

H7666-501 - Roads and Sewers AFU Proposed Retaining and Underbuild Rev A            

      2010-DET-214 - 900mm Post and Rail               

      2010-DET-216 - 450mm Knee Rail                     

      DB-SD13-006 B - Close Boarded Fence            

      6783-E-02 - Proposed Habitats                            

GL2468 SP 01 - Landscape Specification, received by the Local Planning Authority on 9 June 2025

     

     

DB-SD13-004_E - Boundary Wall Type 1, received by the Local Planning Authority on 12 June 2025

     

TBC - Kestrel CAT 2 - Contemporary - Plot 343 - Plans and Elevations Rev B      

      CKST LTHD DS00 - Kestrel - Plans and Elevations Rev B     

TBC - Nightjar CAT 2 - Contemporary - Plots 317, 318 - Plans and Elevations Rev B      

      CNJR LTHD DS00   Nightjar - Plans and Elevations Rev B    

      YRAM LTHE - Ramsey (End) - TF - Plans and Elevations Rev B     

CRED X0HE - Redpoll CAT 2 - Contemporary - Plots 362, 363 - Plans and Elevations Rev B           

      CRED X0HE - Redpoll (Maidstone) - Plans and Elevations    Rev B

CRSH X0GE - Redshank (Moresby) CAT 2 - Render - Plots 369 - Plans and Elevations Rev B        

CRSH X0GE - Redshank (Moresby) CAT 2 - Weatherboarding - Plot 336 - Plans and Elevations Rev B     

      CRSH X0GE - Redshank (Moresby) - Plans and Elevations   Rev B

      YB50 X0HE - YB50 (Type 50) - Plans and Elevations Rev B 

      YB42 X0HE - YB52 (Type 52) Rev B      

      YB55 L0GE - YB55 (Type 55) Rev B      

TBC - Ancona CAT 2 - Render - Plots 331, 332 - Plans and Elevations Rev B      

TBC - Ancona CAT 2 - Render - Plots 350, 351 - Plans and Elevations Rev B      

TBC - Ancona CAT 2 - Weatherboarding - Plots 319, 320, 344, 345 - Plans and Elevations Rev B

TBC - Bittern CAT 2 - Render - Plots 310, 328, 329 - Plans and Elevations Rev B

TBC- Bittern CAT 2 - Weatherboarding - Plots 316, 342, 361, 364 - Plans and Elevations Rev B

      CDUN L0GE - Dunnock (Kenley) - Plans and Elevations Rev B        

TBC - Fallow CAT 2 - Contemporary - Plot 337 - Plans and Elevations Rev B       

      CFLW LTHD DS00 -            Fallow - Plans and Elevations Rev B      

      CHBY X0GE - Hobby (Kingsville) - Plans and Elevations Rev B       

ZHLM X0HD - Holm - Plans and Elevations Rev B, received by the Local Planning Authority on 26 June 2025

     

      H7666/05 - Street Scenes Rev D

H7666-100 - Section and Standard Detail, received by the Local Planning Authority on 5 September 2025

     

H7666-500 - VEHICLE TRACKING Rev B, received by the Local Planning Authority on 6 October 2025

     

H766-316-02 - ROADS AND SEWERS_AFU -TYPICAL HIGHWAY CONSTRUCTION DETAILS

      H7666-502-01 - VEHICLE TRACKING & VIS SPLAYS Rev C

      BMH2 LTGD - Midhurst 2 M4(3) Planning Layout

GL2468 02 - Soft Landscaping Proposals Rev B, received by the Local Planning Authority on 23 October 2025

     

      H7666-201 - Blackbird Road Ph3 Planning Layout Rev P      

      GL2468 01 -  Soft Landscaping Proposals Rev C        

      H7666-505-01 - Refuse Tracking Rev D

H7666-100-01- ROADS AND SEWERS AFU -ENGINEERING LAYOUT  Rev C, received by the Local Planning Authority on 19 December 2025

     

      H7666/250 - Plot 352 Section

H7666-06 - Materials Layout Rev L, received by the Local Planning Authority on 7 January 2026

     

H7666 - Sample Panel Details Rev A, received by the Local Planning Authority on 23 January 2026

           

            (For the avoidance of doubt).

 

            NOTES FOR APPLICANT

 

1.    The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition ("the biodiversity gain condition") that development may not begin unless:

(a)  a Biodiversity Gain Plan and Metric have been submitted to the planning authority,

and

(b)  the planning authority has approved the plan and metric.

Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements are considered to apply.

 

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

 

3.    A Badger Licence will be required from Natural England to temporarily close the Badger Sett prior to the commencement of works, to ensure that works are undertaken lawfully. A copy of this should be provided to the Local Planning Authority prior to the commencement of works.

 

4.    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/

 

5.    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, including temporary construction accesses, 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.

 

6.    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.

 

7.    Please note it is a criminal offence to kill, injure or disturb protected species and their habitat in accordance with the Wildlife and Countryside Act (1981) as amended and The Habitat & Species Regulations (2010). If during the demolition a protected species is found, work must cease immediately and a suitably qualified ecologist or Natural England be contacted.