Agenda item

Ward: Castle 

Proposal: Change of use from university teaching and administration building to fifteen student flats (15 x studio) (sui generis), bin and cycle stores to side (subject to legal agreement) 

Applicant: Mr D Shah 

 

The Planning Officer presented the report.

 

Dipesh Shah addressed the Committee and spoke in opposition to the application.

 

Councillor Kitterick addressed the Committee and spoke in opposition to the application.

 

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

 

The Chair summarised the application and the points raised by Members of the Committee and moved that the application be approved subjection to S106. This was seconded by Councillor Aldred and upon being put to the vote, the vote was unanimous and the motion was CARRIED.

 

RESOLVED: Subject to completion of a S106 Agreement securing open space and health contributions as set out in the report, planning permission be granted subject to the following 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 accommodation shall only be occupied by students enrolled on part or 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 and establishment 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 amenity standards for any alternative residential use in accordance with Leicester Local Plan 2026 policies Ho03, Ho08, DQP01, DQP03 and DQP06 and the need for parking provision in accordance with Leicester Local Plan 2026 policies Ho09, and T07.)  

 

3.    Prior to occupation of the approved development, details of the bin store or details providing screening for the onsite bin store area as shown on the approved site plan shall be submitted to and approved by the local planning authority and shall subsequently be complete and ready for use.  The approved facilities shall be retained thereafter for use in connection with the approved use of the development and all refuse bins shall be kept within the screened designated area other than on refuse collection day.  (To ensure adequate facilities for the storage and collection of refuse and to preserve the character of the conservation area in accordance with Leicester Local Plan 2026 policies DQP01, DQP06, DQP07, and HE01.)

 

4.    The development hereby permitted shall at all times be managed and operated in full accordance with a Management, Parking and Travel Plan, the details of which 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 allocation of parking spaces to specific flats (including a plan showing the allocation of the two parking spaces by flats 3 and 5 to be allocated to these two flats specifically);

 

(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 plan shall be adhered to for the lifetime of the development. (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 Leicester Local Plan 2026 policies Ho09, DQP06, T03, and T07.)  

 

5.    Prior to, or at the time of, the first and subsequent occupation of each flat, the occupiers of that flat shall be provided with a ‘Residents Travel Pack’, details of which shall have previously been submitted to and approved in writing by the local planning authority (for the avoidance of doubt, the details submitted with this application are insufficient to meet this requirement). The contents of the Travel Pack shall consist of paper and/or electronic 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 Leicester Local Plan 2026 policies Ho08, T01, T02 and T03.)

 

 

 

6.    Prior to occupation of the development secure and covered if necessary cycle parking for 12 cycles shall be provided in accordance with details to be submitted to and approved in writing by the local planning authority. The cycle parking shall be retained thereafter for use in connection with occupation of the approved development. (In the interests of the satisfactory development of the site and to preserve the character of the conservation area in accordance with Leicester Local Plan 2026 policies Ho08, T01, T03, and HE01.)  

 

7.    Prior to the first occupation of the development, full design details of on-site installations to provide energy efficiency measures shall be submitted to and approved in writing by the Local Planning Authority. These measures shall represent the further development of the strategy for securing energy efficiency as identified in the Energy Statement received on the 19th June.

 

The development shall be carried out in accordance with the approved details and retained as such. (In the interests of securing energy efficiency in accordance with Policies CCFR01 and CCFR02 of the Core Strategy.)  

 

8.    Prior to first occupation of the proposed flats, at least one water butt shall be connected to the rear guttering of the property and shall be managed and maintained thereafter.  (To reduce surface water runoff and to secure other related benefits in accordance with Leicester Local Plan 2026 policy CCFR05.)  

 

9.    The development shall be carried out in full accordance with the following approved plans:

 

D1010, Site plan, Received 3 November 2025

 

B020, Existing floor plans (4 pages), Received 3 November 2025

 

D1004, Proposed elevations (2 pages), Received 3 November 2025

 

3896-05, Proposed floor plans, Revision b, Received 24 November 2025

 

D1006, Proposed elevations, Received 27 November 2025

 

(For the avoidance of doubt.)

 

 

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/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 2026 is considered to be a positive outcome of these discussions.

 

2.    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).