Agenda item

Ward: Freemen

Proposal: TWO STOREY EXTENSION TO FACTORY (CLASS B2) (AMENDED PLANS)

Applicant: COLOURS DYERS (UK) LTD

Members considered the application and officers responded to the comments and queries raised.

RESOLVED:

that the application be APPROVED subject to the conditions set out below:

              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 doors to the building shall be kept closed at all times when machinery is being operated or processes undertaken within the building, except to allow access or egress. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS11 of the City of Leicester Local plan.)

3.           No vehicles shall enter or leave the premises for the purpose of delivery of raw materials or despatch of finished goods outside the hours of 0730 to 1800 daily and there shall be no movement of plant or equipment (fork lift trucks, pallet trucks, etc) along the roadway before 0730 daily. (In the interests of residential amenity and in accordance with policy PS11 of the City of Leicester Local Plan.)

4.           No machinery shall be installed or operated nor shall any processes be undertaken which are detrimental to the amenity of the area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit. (In the interests of the amenities of nearby occupiers and in accordance with policy PS11 of the City of Leicester Local Plan.)

5.           The proposed building shall be used as a warehouse and offices ancillary to that of the existing factory and not for any other use at any time. (To protect the amenity of neighbouring residents in accordance with policy PS11 of the City of Leicester Local Plan)

6.           The use shall not commence until details of any external lighting has been submitted to and approved by the local planning authority. Development shall be carried out in accordance with the approved details. (To protect the amenity of nearby residents and to avoid harm to wildlife in accordance with policy PS10 of the City of Leicester Local Plan and policy CS17 of the Core Strategy)

7.           No development shall be carried out 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 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 policy PS11 of the City of Leicester Local Plan.)

8.           The use of the extension shall not commence until the Sustainable Drainage System (SuDS) shown on the plan received on the 16th of March 2015 has been implemented. It shall be retained at all times. (To reduce the rate of surface water runoff in accordance with policy CS02 of the Core Strategy)

9.           The development shall not commence until details of foul and surface drainage (including the SuDS) has been submitted to and approved by the local planning authority. The development shall not be occupied until drainage has been installed in accordance with the approved details. (To ensure drainage is acceptable and in accordance with policy CS02 of the Core Strategy)

10.         The floor levels shall be no lower than 58.1 m above Ordnance Datum (AOD). (To protect the development from flooding in accordance with policy CS02 of the Core Strategy.)

11.         The development shall not commence until safe route(s) into and out of the site to an appropriate safe haven have been submitted to and approved by the local planning authority. The use of the extension shall not commence until they have been implemented in accordance with the approved details. They shall be maintained and kept clear at all times. (To provide an acceptable means of access and egress in the event of a flood and in accordance with policy CS02 of the Core Strategy.)

12.         Development shall not commence until full design details of the proposed solar photo voltaic installations to meet the required target of 18% of renewable energy of the total predicted energy demand for the site shall be submitted to and approved by the local planning authority. Before the development is occupied satisfactory evidence will be required demonstrating satisfactory operation of the approved scheme, including on-site installation, in accordance with the approved details. The installations shall be maintained in working order for the life of the development. (To ensure sustainable energy efficiency in accordance with saved Policy BE16 of the City of Leicester Local Plan)

13.         All street works shall be constructed in accordance with the Council's standards contained in the `6Cs Design Guide` (view from www.leicester.gov.uk/6cs-design-guide). (To achieve a satisfactory form of development, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS3.)

14.         No part of the development shall be occupied until footway crossing(s) have been provided at each vehicular access in accordance with the Council's standards contained in the `6Cs Design Guide` (view from www.leicester.gov.uk/6cs-design-guide). (To ensure a satisfactory means of access to the highway, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS3.)

15.         No part of the development shall be occupied until any redundant footway crossings and/or damaged or altered areas of footway or other highway have been reinstated in accordance with the Council's standards contained in the `6Cs Design Guide` (view from www.leicester.gov.uk/6cs-design-guide). (For the safety and convenience of pedestrians and other road users, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS3.)

16.         Space shall be kept available within the curtilage of the site to allow for loading and unloading always to take place within the site. (In the interests in highway safety, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS3.)

17.         The use of the extension shall not commence until a Delivery Management Plan has been submitted to and approved by the local planning authority. It shall be complied with at all times. (To avoid traffic and parking problems and in the interests of highway safety in accordance with policy AM11 of the City of Leicester Local Plan and policies CS14 and CS15 of the Core Strategy.)

18.         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 City Council as 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 Council. 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 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 policies AM01, AM02, and AM11 of the City of Leicester Local Plan and policies CS14 and CS15 of the Core Strategy).

19.         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 City Council as local planning authority. The approved Statement shall be adhered to throughout the 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 policies AM01, UD06 of the City of Leicester Local Plan and Core Strategy policy CS3.)

20.         This consent shall relate solely to the amended plans (ref: 14/384/001 RevD & 002 RevB) received by the local planning authority on the 8th of April 2015, unless otherwise submitted to and approved by the local planning authority. (For the avoidance of doubt.)

              NOTES FOR APPLICANT

1.           The site lies adjacent to the River Soar which is a statutory 'main River'. Under the provisions of the Water Resources Act 1991, and the Environment Agency's Byelaws, any works in, over, under or within 8 metres of the top of the bank of the watercourse will require the prior formal consent of the Agency in addition to the planning permission hereby granted.

2.           Condition 11 assumes an estimated net total annual operational energy demand of 744,647 kWh/yr. The agreed scheme will need to operate to a satisfactory performance in terms of a renewable energy actual percentage of actual consumption, which shall be confirmed at the time of condition discharge.

3.           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.           In relation to the condition on Travel Plan, the applicant is advised to contact the Travel Plan Officer on 0116 4542849 for guidance.