Agenda item

20242042 - 122a - 182 Western Road

Ward: Westcotes

Proposal: Construction of four and six storey block of 46 apartments (29 x 1bed, 17 x 2bed) (Class C3) (amended plans)

Applicant: Mr Mitchell

 

The Planning Officer presented the report.

 

Jacqueline Jackson 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. This was seconded by Councillor O’Neill, and upon being put to the vote, the motion was CARRIED.

 

RESOLVED: permission was granted subject to conditions

 

            CONDITIONS

 

1.         The development shall be begun within three years from the date of this permission. (To comply with Section 91 of the Town & Country Planning Act 1990.)

 

2.         No work shall take place outside of the hours of 0800 to 1800 Monday to Friday, 0800 to 1300 Saturday or at any time on Sundays or Bank Holidays. (In the interests of the amenities of nearby occupiers, and in accordance with saved policies PS10 and PS11 of the City of Leicester Local Plan.)

 

3.         Prior to the commencement of development, a Construction Method Statement (CMS), with consideration being given to highway management and safety, the water environment and flood risk management, shall be submitted to and approved in writing by the Local Planning Authority. The approved CMS shall be adhered to throughout the construction period. The CMS 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 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 storage and management of waste resulting from excavation works, (viii) the proposed phasing of 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. (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 policies CS02, CS03 and CS14 of the Core Strategy.) (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

4.         Prior to the commencement of development, the site shall be 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, shall be 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 prior to the occupation of any dwelling. Any parts of the site where contamination was previously unidentified and found during the development process, shall be subject to remediation works carried out in accordance with details first submitted to and approved in writing by the Local Planning Authority, prior to the occupation of any flat. 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 approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

5.         Prior to any works above ground level, details of the ventilation system (to ensure flats receive air of acceptable temperature and quality) that will be accommodated within the building as it is proposed, and that the vents terminate into the proposed louvres above each window, shall be submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of any flat, the ventilation system shall be installed in accordance with the details approved. It shall be retained and acceptably maintained thereafter. (To ensure that residents have acceptable air quality and temperature in accordance with saved policy PS10 in the 2006 City of Leicester Local Plan.)

 

6.         Prior to the occupation of any flat, the measures to protect residents from excessive noise (as detailed in the Environmental Noise Assessment (ref NA103249) of the 12th of February 2025) shall be implemented in full. They shall be retained thereafter. (To protect residents from excessive levels of noise in accordance with saved policy PS10 in the 2006 City of Leicester Local Plan.)

 

7.         Prior to the commencement of above ground development, details of the photovoltaic panel system, electric storage heaters, LED lighting and provision of appropriate controls, shall be submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of any flat, the storage heaters, lighting and controls shall be installed in accordance with the approved details and a user guide shall be prepared for occupants, explaining how to operate the heaters and other systems efficiently and cost-effectively. Prior to the occupation of any flat, proof of installation and operation shall be submitted to and approved in writing by the Local Planning Authority. They shall be retained thereafter. (In the interests of energy efficiency and minimising carbon emissions and in accordance with policy CS02 in the Core Strategy.)

 

8.         Prior to the occupation of any flat, the measures detailed in the Energy & Sustainability Statement (of the 18th of January 2026) (such as BRE ‘A-C’ rated materials and FSC certified timber) shall be implemented in full. Prior to the occupation of any flat, proof of installation and operation shall be submitted to and approved in writing by the Local Planning Authority. They shall be retained thereafter. (In the interests of energy efficiency and minimizing carbon emissions in accordance with policy CS02 of the Core Strategy.)

 

9.         Prior to the occupation of any flat, the rooftop garden and garden room shall be made available for all residents of this scheme. It shall be maintained and kept available for all residents of the scheme at all times. (To provide residents with an acceptable level of amenity in accordance with policy CS03 in the Core Strategy and saved policy PS10 of the City of Leicester Local Plan.)

 

10.       Prior to the occupation of any flat, a noise management plan for the rooftop garden shall be implemented in accordance with details first submitted to and approved in writing by the Local Planning Authority. (To protect the amenity enjoyed by the residents of neighbouring dwellings in accordance with saved policy PS10 in the 2006 City of Leicester Local Plan.)

 

11.       Prior to the occupation of any flat, the powder coated metal railings (RAL 7016) (Drawing P14, Revision C) shall be installed along the full length of the boundary of the site with the Great Central Way. (In order to ensure the site is reasonably secure and to ensure it has a visually acceptable appearance from the Great Central Way in accordance with Core Strategy policy CS03.)

 

12.       Prior to the commencement of development, full details of the Sustainable Drainage System (SuDS) (including green roof to six-storey element and rooftop garden to four-storey element) 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 flat shall be occupied, 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). (To ensure that the details are approved 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 in writing by the Local Planning Authority. No flat 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 approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

14.       Prior to the occupation of any flat, the waste storage area (shown on plan reference 1725 P02 rev C) shall be provided. It shall be retained for waste storage purposes at all times. (To ensure the scheme has acceptable waste storage facilities in accordance with Core Strategy policy CS03.)

 

15.       Prior to the commencement of above ground development, details of the vehicular access and the treatment of the walls to each side (including pedestrian visibility splays) shall be submitted to and approved in writing by the Local Planning Authority. The gates to the vehicle access shall not open out onto the public highway (they shall be sliding or inward opening). (In the interests of highway safety so that drivers have an acceptable view of pedestrians, and in accordance with saved policy AM01 in the 2006 City of Leicester Local Plan and policy CS03 in the Core Strategy.)

 

16.       Prior to the occupation of any flat, the vehicle parking shall be provided in accordance with the approved details. It shall be retained thereafter. (To meet the vehicle parking needs of residents in accordance with saved policy AM12 of the City of Leicester Local Plan.)

 

17.       Prior to the occupation of any flat, the cycle parking shall be provided in accordance with the approved details. It shall be retained thereafter. (To meet the cycle parking needs of residents and to promote the use of sustainable means of transport in accordance with saved policies AM02 and H07 of the City of Leicester Local Plan.)

 

18.       Prior to the commencement of development, details of all street works (including alterations to the footway crossings, kerbs, repairs), shall be submitted to and approved in writing by the Local Planning Authority along with a timescale for when these works will be carried out. Prior to the occupation of any flat, all street works must be implemented in accordance with the agreed details. (To achieve a satisfactory form of development, and in accordance with saved policy AM01 of the City of Leicester Local Plan and policy CS03 of the Core Strategy.) (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

19.       Prior to the occupation of any flat, a Travel Plan for the development shall be submitted to and approved in writing by the Local Planning Authority. It shall be implemented in accordance with a timetable contained within the Travel Plan. The Plan shall: (a) assess the site in terms of transport choice for maintenance workers, users of services, visitors and deliveries; (b) 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; (c) identify marketing, promotion and reward schemes to promote sustainable travel and look at a parking management scheme to discourage off-site parking; (d) include provision for monitoring travel modes (including travel surveys) of all users at regular intervals, for a minimum of 5 years from the first occupation of the development. The plan shall be maintained and operated thereafter. (To promote sustainable transport and in accordance with policies AM01, AM02, and AM12 of the City of Leicester Local Plan and policies CS14 and CS15 of the Core Strategy.)

 

20.       Prior to the first occupation of each flat, the occupiers 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 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 policy AM02 of the City of Leicester Local Plan and policy CS14 of the Core Strategy.)

 

21.       Prior to the commencement of above ground development, details of 4 x integrated bat boxes and 2 x Sparrow terraces to be installed shall be submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of any flat, the bat boxes and Sparrow terraces shall be installed in accordance with the approved details. They shall be retained thereafter. (To take the opportunity to provide wildlife habitat and in accordance with Core Strategy policy CS17.)

 

22.       Prior to the occupation of any flat, details of external lighting (whose design has been informed by an isolux plot - in line with Guidance Note 8 - Bats and Artificial Lighting) shall be submitted to and approved in writing by the Local Planning Authority. Only lighting that accords with the approved details shall be installed. (To avoid the disturbance of wildlife and in accordance with Core Strategy policy CS17.)

 

23.       Prior to the commencement of above ground development, a 1:20 detailed drawing of three sample panels (railing used for the car park frontage, second and third floor windows and surrounds on four storey element) and a full materials schedule, shall be submitted to and approved in writing by the Local Planning Authority.

            Once the design details of the sample panel have been approved, the panel shall be constructed on the site and photos of the constructed panels shall be submitted to and approved in writing by the Local Planning Authority.

            Once the photos have been approved, the three panels shall be made available for inspection and approval in writing by the Local Planning Authority.

            Once approved, above ground development can proceed in accordance with the details approved.

            (To maintain the character and appearance of the area and in accordance with Core Strategy policy CS03.)

 

24.       In accordance with approved drawing P16 Rev B:

            -           All of the one-bedroomed dwellings and their associated parking and approach, shall be constructed in accordance with 'Category 2: Accessible and adaptable dwellings M4(2) Optional Requirement of the Building Regulations.

            -           All of the two-bedroomed dwellings and their associated parking and approach, shall be constructed in accordance with 'Category 3: Wheelchair adaptable dwellings M4(3)(a) Optional Requirement of the Building Regulations.

            On completion of the scheme and prior to the occupation of each dwelling, a completion certificate signed by the relevant inspecting Building Control Body, shall be submitted to and approved in writing by the Local Planning Authority, certifying compliance with the above standards. (To ensure the dwellings are adaptable enough to match a lifetime of changing needs, and to provide for those who currently use or may in future use wheelchairs, in accordance with Core Strategy policy CS06.)

 

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

            -           Site Location, Drawing LOC, received on the 18th of November 2025

            -           Proposed Site Plan, Drawing P02, Rev C, received on the 15th of January 2026

            -           Ground, First and Second Floor Plan, Drawing P03, Rev D, received on the 15th of January 2026

            -           Third and Fourth Floor Plan, Drawing P04, Rev C, received on the 5th of November 2025

            -           Fifth Floor and Roof Plan, Drawing P05, Rev C, received on the 5th of November 2025

            -           Proposed Elevations 1-2, Drawing P06, Rev C, received on the 24th of March 2026

            -           Proposed Elevations 3-4, Drawing P07, Rev C, received on the 24th of March 2026

            -           Proposed Material Details, Drawing P08, Rev C, received on the 24th of March 2026

            -           Proposed Street Sections, Drawing P09, Rev B, received on the 21st of October 2025

            -           Location Plan and Survey, Drawing P01, Revision D, received on the 11th of November 2024

            -           Flat Types - Demonstration of NDSS and M4(2)/(3) compliance, Drawing P16, Rev B, received on the 5th of November 2025

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

           

            NOTES FOR APPLICANT

 

1.         It is recommended that all residents and building operators sign up for the Environment Agency Flood Warning service and Met Office severe weather warnings email alert service.

 

2.         No consent is granted or implied for the advertisement shown on the submitted plans (the sign near the top of the building which reads ‘Western House’), for which a separate application may be necessary.

 

3.         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/

            As this is a new document it will be kept under review.  We therefore invite comments from users to assist us in the ongoing development of the guide.

 

4.         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.

            As the existing building to be demolished abuts 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.

 

5.         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 seek advice from Bal Minhas (Leicester City Council's Travel Plan Officer - 0116 454 2849).

 

6.         The foundations of the walls of the building which abut the highway footways on the frontage to Western Road must be designed and implemented so that they do not encroach onto the highway.

 

7.         The City Council, as Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received. This planning application has been the subject of positive and proactive discussions with the applicant during the process and pre-application process. The decision to grant planning permission with appropriate conditions taking account of those material considerations in accordance with the presumption in favour of sustainable development as set out in the NPPF 2024 is considered to be a positive outcome of these discussions.