Agenda item

Ward: Knighton

Proposal: CONSTRUCTION OF SINGLE STOREY EXTENSION AT REAR OF DAY NURSERY (CLASS D1); DEMOLITION OF GARAGE AT REAR; ALTERATIONS (AMENDED PLANS RECEIVED 27/08/2019)

Applicant: KIDDI CARU DAY NURSERIES

The Planning Officer introduced the report and displayed pictures showing the existing area and the new proposed plans. It was noted the addendum report had some conditions amended for clarity.

Members of the Committee considered the application and officers answered any queries raised.

The Chair moved to that the application be approved subject to the amended conditions in the supplementary report. This was seconded by Councillor Gee and upon being put to the vote was CARRIED.

RESOLVED:

That the application be APPROVED subject to the conditions in the report and in the supplementary report.

              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.           Prior to commencement of development, all trees on and adjacent to the site subject to a Tree Preservation Order shall be protected from damage during building operations, in accordance with the Arboricultural Method Statement (AMS) to be first submitted to and approved in writing by the City Council as local planning authority. The details shall include ground protection details, foundation design within root protections areas and construction storage details. (In the interests of amenity, and in accordance with policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS03.To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).   

3.           Notwithstanding the approved plans, no part of the extension shall be used until the 2 metre by 2 metre sight lines on each side of each eastern vehicular accesses on Elmsleigh Avenue and one side of the western access on Elmsleigh Avenue have been provided in accordance with plans first submitted to and approved in writing by the City Council as local planning authority. The approved details shall be retained thereafter. (In the interests of the safety of pedestrians and other road users, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

4.           No part of the extension shall be used until satisfactory footway crossings at both vehicle accesses have been provided. (To achieve 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.)

5.           Prior to first use of the extension, the garage shall be demolished in accordance with the approved plans. (To ensure the parking area is achieved, and in accordance with policy AM11 of the City of Leicester Local Plan and Core Strategy policy CS15.)

6.           No part of the extension shall be used until a minimum of two secure and covered cycle parking have been provided and retained thereafter, in accordance with written details previously approved by City Council as local planning authority. (In the interests of the satisfactory development of the site and in accordance with policy AM02 of the City of Leicester Local Plan).

7.           No part of the extension shall be used until the Travel Plan (ref. ADL/AP1440/29A dated November 2019) has been implemented in full accordance with the timetable contained within the approved Travel Plan, unless otherwise agreed in writing by the Council. The Plan shall monitor 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).  

8.           Before first use of the extension, all parking areas shall be surfaced and marked out in accordance with details which shall first have been submitted to and approved by the City Council as local planning authority and shall be retained for parking and not used for any other purpose. The submitted details shall include proposed surfacing, marking and signing at accesses to indicate entrance and exit and one-way operation of the car parking area. (To ensure that parking can take place in a satisfactory manner, in the interest of highway safety, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

9.           The new walls and roof shall be constructed in materials to match those existing. (In the interests of visual amenity, and in accordance with Core Strategy policy CS03.)

10.         This consent shall relate to the plans ref. no. 9521-04 Rev 02, 9521-08 Rev 07 and 9521-09 Rev 07 received by the City Council as local planning authority on 27/08/2019 and plan ref. no. 9521-11 Rev 11 received by the City Council as local planning authority on 29/11/2019. (For the avoidance of doubt.)

              NOTES FOR APPLICANT

1.           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.

2.           With regards to condition 7 above, the applicant should seek advice from Leicester City Council's Travel Plan Officer via telephone 0116 4542849.

3.           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.

              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 2019 is considered to be a positive outcome of these discussions.