Agenda item

20251441 - 94-98 Regent Road

Ward: Castle

Proposal: Change of use from educational use (Class F1) to student accommodation (16 cluster flats including 98 bedrooms) (Sui Generis); construction of single storey extension at front; infill third floor extensions at the rear; access gate; associated landscaping and parking; alterations (amended plans received 12/03/2026 and 23/04/2026) (subject to section 106 agreement)

Applicant: Mr Charles Simmons

 

The Planning Officer presented the report.

 

David Kemp addressed the Committee and spoke in support of the application.

 

Councillor Kitterick addressed the Committee and spoke against 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 Mohammed, and upon being put to the vote, the motion was CARRIED.

 

RESOLVED: Permission was granted subject to conditions and section 106 agreement

 

            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 flats 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 construction or demolition 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.

            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.

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

 

 

4.         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 in writing by the Local Planning Authority. No 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) 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).

           

           

 

5.         Prior to the commencement of development details of foul 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 agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

6.         Prior to first occupation of any flat the noise insulation measures set out in the Noise Impact Assessment received 01/09/2025 shall be installed, retained and maintained thereafter.  (In order to secure a satisfactory living environment for occupiers, and in accordance with saved policies PS10 and PS11 of the City of Leicester Local Plan.)

 

7.         Prior to first occupation of any flat, mechanical ventilation with heat recovery, including capacity to provide four air changes per hour for all habitable rooms, shall be installed to each flat fronting Regent Road to meet the standards detailed in section 5 of the Noise Impact Assessment received 01/09/2025. The ventilation shall be installed in full accordance with the approved details and the installations shall be retained and maintained thereafter.  (In order to secure a satisfactory living environment for occupiers, and in accordance with saved policies PS10 and PS11 of the City of Leicester Local Plan.)

 

8.         The development shall not be occupied until the approved store for refuse bins has been provided in full accordance with the approved plans and is accessible to all occupiers. The bin store shall be retained thereafter for the storage of refuse in connection with the use and occupation of the development and all refuse bins shall be kept within the designated area other than on refuse collection days. (To ensure adequate facilities for the storage and collection of refuse and to protect the amenity of the area in accordance with saved policy PS10 of the City of Leicester Local Plan and Core Strategy policy CS03).

 

9.         Prior to the commencement of any external works, a full materials schedule including all external materials shall be submitted to and approved in writing by the Local Planning Authority. The materials shall be in broad accordance with the specifications submitted as part of this application and shall include manufacturers specifications and RAL colour. (In the interests of visual amenity and the character and appearance of the New Walk Conservation Area, and in accordance with Core Strategy policies CS03 and CS18).

 

10.       Prior to the commencement of development full design details of on-site installations to provide energy efficiency and renewable energy measures, in accordance with the information provided within the Energy Statement Ref: 22833 received 06/10/2025, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved details. 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 City Council as Local Planning Authority. The installations shall be retained and maintained thereafter. (In the interests of securing carbon reduction and energy efficiency 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). 

 

11.       No part of the development shall be occupied until the following works have been carried out in accordance with the written details approved in advance by the Local Planning Authority: (a) alterations to footway crossing(s); (b) reinstatement of any redundant footway crossings and or damaged or altered areas of footway or other highway. (To ensure a satisfactory means of access to the highway, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

12.       No part of the development shall be occupied until secure and covered cycle parking for 61 cycles has been provided in full accordance with written details, including plans and elevations to show the design of the cycle stores, to be submitted to and approved in writing by the Local Planning Authority. The cycle parking shall be retained thereafter for its designated use. (In the interests of the satisfactory development of the site and in accordance with saved policy AM02 of the City of Leicester Local Plan and Core Strategy Policy CS03).

 

13.       Before the occupation of any part of the development, all parking areas shall be surfaced and marked out in full accordance with the approved plans. The parking areas shall be retained for parking and not used for any other purpose throughout the lifetime of the development. (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.)

 

14.       Notwithstanding the submitted Travel Plan Statement received on 06/10/2025, no part of the development shall be occupied until a Travel Plan for the development has been submitted to and approved in writing by the Local Planning Authority and shall be carried out in accordance with a timetable to be contained within the Travel Plan, unless otherwise agreed in writing by the Local Planning Authority. The plan shall (a) assess the site in terms of transport choice for staff, 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 a 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 and patterns at regular intervals, for a minimum of 5 years from the first occupation of the development brought into use. The 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).

 

15.       Prior to occupation of the development, each unit of the development shall be provided with a hard copy as well as a digital link of a 'Residential Travel Pack'. An electronic copy will also be provided as part of a weblink for future occupiers. The contents of the Pack shall be submitted to and approved in advance in writing by the Local Planning Authority. The Pack shall include web and mobile phone app links to a sustainable travel journey planner, walking, cycling and bus online maps, links to sustainable travel discounts available, links to real time bus and rail availability, local taxi information, car share information, the citywide Hop! service, links to ‘park and ride’ availability, a map of the local electric car charging points available. A map is needed showing corresponding links of the local amenities and facilities in the area to promote sustainable trips. (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).

 

16.       Notwithstanding the submitted Student Arrivals and Departures & Parking Management Plan, an updated Student Management Plan shall be submitted to and approved in writing by the Local Planning Authority before the first occupation of the development. The plan shall set out procedures for: 

            (a) how the arrival and departure of students at the start and end of tenancies will be managed;

            (b) how servicing and deliveries will be managed;

            (c) the level of parking provision for all forms of vehicles including bicycles and powered two wheelers

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

            (e) maintaining the external areas of the site;  

(f) dealing with any issues or complaints arising from the occupiers of nearby properties, including details of how management contact details will be made available to neighbours.  

            The development shall be operated in accordance with these approved details. (To ensure the impact of the scheme on highway safety, the surrounding area and in the interests of the safety and security of its occupiers, is acceptable, and in accordance with policies CS03, CS06, CS14 & CS15 of the Core Strategy and saved policies AM12 & PS10 of the City of Leicester Local Plan 2006.)

           

 

17.       Prior to the commencement of any external works, a detailed Landscape and Ecological Management Plan (LEMP), in broad accordance with Proposed Site Plan ref 25009-P-102 rev B, received 12/03/2026, 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. No part of the development shall be occupied until the LEMP has been implemented in accordance with the approved details. This scheme shall include details of: (i) new tree and shrub planting, including plant type, size, quantities and locations; (ii) means of planting, staking, and tying of trees, including tree guards; (iii) other surface treatments; (iv) any changes in levels; (v) the position and depth of service and/or drainage runs (which may affect tree roots); (vi) any boundary treatment.

                        For a period of not less than five 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 interest of biodiversity, amenity and the character and appearance of the area, and in accordance with saved policy UD06 of the City of Leicester Local Plan and Core Strategy policies CS03 and CS17.).

           

 

18.       Notwithstanding the submitted Management Plan received 06/10/2025, prior to the occupation of any unit, a revised, site-specific management plan, including staffing arrangements, cleaning arrangements, noise mitigation and attenuation Issues and security measures, shall be submitted to and approved in writing by the Local Planning Authority. At all times the scheme shall be managed and operated in full accordance with the approved plan. (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 saved policy PS10 of the City of Leicester Local Plan and Core Strategy policies CS03, CS06 and CS15).

 

19.       The development shall not be occupied until a waste management plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall include details of:  

            (a) location and surfacing of refuse collection point and refuse store,

(b) signage directing residents to the refuse store and advising them of contact details for the management company, such signage to be retained throughout the lifetime of the development and updated within seven days when such contact details change,         

            (c) provision for persons with mobility and other limitations to use the refuse store,          

            (d) arrangements for cleaning and maintenance of the refuse collection point and refuse store,           

            (e) contact details for any management company responsible for the site,  

            (f) provision for any change to the management company, or change to contact details for that company, to be advised to the local planning authority within seven days of the change of responsibility or details taking effect.      

            The development shall not be occupied or used other than in accordance with the approved plan.              

            (To ensure adequate facilities for the storage and collection of refuse and to protect the amenity of the area in accordance with saved policy PS10 of the City of Leicester Local Plan and Core Strategy policies CS03, CS06 and CS15).

 

20.       The development shall be carried out so as to provide level access throughout the communal parts of the development in accordance with the requirements of Part M of the Building Regulations, and also to provide 1 wheelchair accessible accommodation unit.  On completion of the scheme and prior to occupation of any part of the development a completion certificate signed by the relevant inspecting Building Control Body shall be submitted to the City Council as local planning authority certifying compliance with the above standard. (To ensure that the development provides access for all in accordance with Core Strategy policy CS03.)

 

21.       The proposed development shall relate solely to the following approved plans:

           

            SUBMITTED 12th March 2026

            •           Proposed Site Plans, 25,009-P-102 rev B

            •           Proposed Ground and First Floor Plans, 25,009-P-110 rev F

            •           Proposed Second and Third Floor Plans, 25,009-P-111 rev D

            •           Proposed Elevations 1 of 3, 25,009-P-120 rev B

            •           Proposed Elevations 2 of 3, 25,009-P-121 rev B

            •           Proposed Elevations 3 of 3, 25,009-P-122 rev B

            (For the avoidance of doubt)

 

            NOTES FOR APPLICANT

 

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

           

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

           

            Development below the de minimis threshold, meaning development which:

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

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

           

 

2.         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.

 

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/

           

            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.

           

 

4.         It is unlikely that any construction or demolition work will be agreed outside of the hours detailed within condition 3 unless the City Council Noise and Pollution Control Team is satisfied that:

            a) the work will not be detrimental to occupiers of neighbouring properties or;

            b) the developer can demonstrate that there is no practicable alternative to the proposed work taking place outside of these hours.

 

5.         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.