Agenda item

Ward: Humberstone & Hamilton

Proposal: Construction of a two and three storey school building and sports hall with associated access; parking; external recreation areas; sports facilities and landscaping (Class D1) (subject to s111 agreement)

Applicant: Department for Education

 

The Planning Officer presented the report.

 

The applicant’s agent addressed the Committee and spoke in support of the application.

 

Members considered the application and Officers responded to the comments and questions raised.

 

The Chair moved that the application be approved subject to the amendments set out in the supplementary report and the s111 Agreement to secure the Section 106 agreement. This was seconded by Councillor Halford and upon being put to the vote, the motion was CARRIED.

 

RESOLVED:

That the application be APPROVED subject to the Conditions in the report and the supplementary report and a Section 111 agreement to secure the 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.           Prior to the commencement of any other development, the temporary construction access to Thurmaston Lane shall be installed in accordance with details shown on the drawing

              Below ground drainage layout sheet 2 FS0612-BMD-ZZ-XX-DR-D-50002 revision P06 received 3/2/2020. 

              Prior to occupation of the development the access shall be converted to a foot/cycle access in accordance with details that have previously been submitted to and approved in writing by the city council as local planning authority.  The foot/cycle access shall be retained thereafter for use in connection with the occupation of the approved development.  (To ensure that parking can take place in a satisfactory manner, and in accordance with policy AM01 of the City of Leicester Local Plan and policy CS03 of the Core Strategy). 

 

3.           Development shall be carried out in accordance with the approved Construction Method Statement Project No. HMD.0315 Revision 03 dated 28/01/2020.  (In the interests of the amenity of neighbouring occupiers and highway safety, and in accordance with policies AM01 and UD06 of the City of Leicester local plan, and Core Strategy policy CS03.)

 

4.           Prior to the commencement of development the trees on site shall be protected, and development shall be carried out thereafter, in accordance with the details shown in the approved Arboricultural Method Statement reference RT-MME-129469-02 dated 28/01/2020.  (In the interests of amenity, and in accordance with policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS03.)

             

5.           Prior to any development taking place above ground level, and notwithstanding the approved plans, details of the following materials shall be submitted to and approved in writing by the City Council as local planning authority.  Development shall be carried out in accordance with the approved details.

              (i) External walling and roof materials including bricks, cladding and panels, rainscreen cladding

              (ii) external windows and doors

              (iii) canopies

              (iv) vents, flues and louvres.

              The details shall include a one square metre sample panel to be constructed on site showing the bricks, window framing and cladding panels including the mortar and pointing, and expansion joint (if proposed in the development).

              (In the interests of visual amenity, and in accordance with Core Strategy policy CS03).

 

6.           The drainage to the access road shall be installed in accordance with details shown on drawing s38 General Arrangement AFS-LE-HAD-OF-DR-CR-101 revision G.  The approved development shall not be occupied until the system has been implemented in accordance with the approved details.  It shall be retained and maintained thereafter.  (To reduce surface water runoff and to secure other related benefits in accordance with policy CS02 of the Core Strategy.)  (For the avoidance of doubt, this approval does not imply an approval of the road construction as such, which will need to be agreed with the Local Highway Authority.)

 

7.           (A) No development shall take place in the "agreed area of archaeological mitigation" as shown in Figure 6 of the Archaeological Evaluation and Earthwork Survey January 2020 version 4 until a programme of archaeological work following an amended Written Scheme of Investigation has been submitted to and approved in writing by the City Council as the local planning authority. The scheme shall include an assessment of significance and research questions; and:

 

              (1) the programme and methodology of site investigation and recording;

              (2) the programme for post-investigation assessment;

              (3) provision to be made for analysis of the site investigation and recording;

              (4) provision to be made for publication and dissemination of the analysis and records of the site investigation;

              (5) provision to be made for archive deposition of the analysis and records of the site investigation;

              (6) nomination of a competent person or persons or organization to undertake the works set out within the Written Scheme of Investigation.

              (B) No development in the agreed area of archaeological mitigation shall take place other than in accordance with the Written Scheme of Investigation approved under (A) above.

              (C) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under (A) above, and the provision made for analysis, publication and dissemination of results and archive deposition has been secured, unless agreed in writing with City Council as local planning authority.

              (In the interests of the protection of heritage assets, and in accordance with Core Strategy policy CS18.)

 

8.           Prior to the development being brought into use, and notwithstanding the approved plans, a scheme of landscaping shall be implemented in accordance with details that have previously been submitted to and approved in writing by the local planning authority.  The details shall include:

              (i) the position and spread of all existing trees, shrubs and hedges to be retained or removed;

              (ii) new tree, shrub and other planting including grasses and including plant type, size, quantities and locations;

              (iii) means of planting, staking, and tying of trees, including tree guards;

              (iv) other surface treatments;

              (v) fencing and boundary treatments including the main gates (the gates must not open outwards over the highway);

              (vi) any changes in levels;

              (vii) the position and depth of service and/or drainage runs (which may affect tree roots);

              (viii) the position, depth and planting of the ponds;

              (ix) sections of the landscaping bund;

              (x) a landscaping and ecological management plan.

              The approved landscaping scheme shall be carried out prior to the development being brought into use for hard landscaping, and within one year of the date the development is brought into use for soft landscaping, and shall be maintained thereafter in accordance with the approved management plan.  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 interests of amenity, and in accordance with policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

9.           No part of the development shall be brought into use until secure, lit, covered and weatherproof cycle parking spaces have been provided in accordance with details that have previously been submitted to and approved in writing by the local planning authority. The cycle parking spaces shall thereafter be retained for use in connection with the approved development. (In the interests of the satisfactory development of the site and in accordance with policy AM02 of the City of Leicester Local Plan).

 

10.         No part of the development shall be brought into use until a Travel and Car Parking Management Plan for the development has been submitted to and approved in writing by the city council as local planning authority.  The Plan shall be implemented in accordance with a timetable to be contained within the Plan. The Travel and Car Parking Management Plan shall:

              (i) assess the site in terms of transport choice for staff, pupils, visitors and deliveries;

              (ii) consider pre-trip mode choice, and include measures to promote more sustainable modes of transport such as walking, cycling, car share and public transport;

              (iii) include provision for electric vehicle charging points, including monitoring of use and increasing provision over time to support use of electric vehicles;

              (iv) identify marketing, promotion and reward schemes to promote sustainable travel;

              (v) include provision for monitoring travel modes of all users including car and cycle parking demands (including travel surveys) at regular intervals the dates of which shall be identified in the Plan, from the first occupation of the development being brought into use until one full year after the school reaches capacity at the earliest;

              (vi) include management details for the foot/cycle access to Thurmaston Lane, to discourage use of this access by people travelling by motor vehicle;

              (vii) include provision for an Annual Performance Plan setting out how the plan has performed against targets, the measures in the approved Travel Plan and the outcomes from the monitoring referred to above and to provide an updated Travel Plan which shall address the negative impacts or failure to achieve targets identified in the Annual Performance Plan;

              (viii) include monitoring of the use of and demand for cycle parking, including provision for additional cycle parking should the approved cycle parking reach capacity, which shall be submitted to the city council yearly on or before the anniversary of approval of the Plan, until at least one full year after the school reaches capacity.

              (To promote sustainable transport and in accordance with policies AM01, AM02, and AM11 of the City of Leicester Local Plan and Core Strategy policies CS14 and CS15).

 

11.         Development shall be carried out in accordance with the following details:

               - Precautionary methods of working set out in section 6 of the Badger Survey ref RT-MME-129469-03 dated August 2019

               - Precautionary methods of working set out in section 6 of the great Crested Newt Suitability Index Assessment ref RT-MME-128246-01.

               - The details within section 5 of the Dusk Emergence and Dawn Re-entry Bat Surveys document ref RT-MME-130819 dated July 2019. 

              (In the interests of biodiversity and in accordance with Core Strategy policy CS17.)

 

12.         Prior to the installation of any external lighting, a detailed design plan of the lighting to be installed showing the locations of lights, their type of light emittance and wavelength, together with a lux contour map showing the variation in light, and including the proposed hours of operation of the lighting, shall be submitted to and approved in writing by the local planning authority.  The lighting shall be designed to cause minimum disturbance to protected species that may inhabit the site with appropriate areas remaining dark and a maximum of 1 lux on vegetated/water areas where considered necessary. The approved scheme shall be implemented and retained as approved thereafter.  No additional lighting shall be installed without prior agreement from the Local Planning Authority. (In the interests of protecting wildlife habitats and in accordance with policy BE22 of the City of Leicester Local Plan and Core Strategy policy CS17.)

 

13.         No part of the development shall be brought into use until the link road, drop-off area and car parking spaces have been surfaced and laid out in accordance with the approved plans. The car parking areas shall be retained for the parking of vehicles in connection with the use of the site as approved unless the Travel Plan process has identified that they are no longer required.  (To ensure that parking can take place in a satisfactory manner, and in accordance with policies AM01 and AM11 of the City of Leicester Local Plan and policy CS03 of the Core Strategy).

 

14.         Development shall be carried out in accordance with the following approved plans.

              GA Ground Floor Plan FS0612-MA-00-GF-DR-A-00102 revision P01 received 24/9/2019

              GA First Floor Plan FS0612-MA-00-01-DR-00103 revision P01 received 24/9/2019

              GA Second Floor Plan FS0612-MA-00-02-DE-A-00104 revision P01 received 24/9/2019

              GA Roof Plan FS0612-MA-00-RF-DR-A-00105 revision P01 received 24/9/2019

              GA Elevations FS0612-MA-00-00-DR-A-00106 revision P01 received 24/9/2019

              GA Sections FS0612-MAB-00-ZZ-DR-A-00107 revision P01 received 24/9/2019

              Detailed sections FS0612-MAB-00-ZZ-DR-A-00108 revision P01 received 24/9/2019

              Detailed sections FS0612-MAB-00-ZZ-DR-A-00109 revision P01 received 24/9/2019

              Landscape General Arrangement AFS-DHL-Z0-Z0-DR-L-0103 revision P06 received 28/1/2020

              Paving materials and external furniture AFS-DHL-Z0-Z0-DR-L-0107 revision P05 received 24/9/2019 (for the avoidance of doubt, the cycle shelters are not approved)

              Levels Strategy AFS-DHL-Z0-Z0-DR-L-0109 revision P08 received 20/12/2020

              Below ground drainage layout sheet 1 FS0312-BMD-ZZ-XX-DR-D-50001 revision P05 received 28/1/2020

              Below ground drainage layout Sheet 2 FS0612-BMD-ZZ-XX-DR-D-50002 revision P06 received 3/2/2020

              Storm water drainage dry swale FS0612-BMD-ZZ-XX-DR-D-50010 revision P03 received 28/1/2020

              Drainage details sheet 1 FS0612-BMD-ZZ-XX-DR-D-58001 revision P02 received 20/12/2019

              Drainage details sheet 2 FS0612-BMD-ZZ-XX-DR-D-58002 revision P02 received 20/12/2019

              Drainage details sheet 3 FS0612-BMD-ZZ-XX-DR-D-58003 revision P02 received 20/12/2019

              Drainage details sheet 4 FS0612-BMD-ZZ-XX-DR-D-58004 revision P02 received 20/12/2019

              Drainage details sheet 5 FS0612-BMD-ZZ-XX-DR-D-58005 revision P02 received 20/12/2019

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

 

2.           Further to condition 9, while the submitted landscaping information is broadly acceptable the following points should be considered when addressing the condition.

               - More information will be needed regarding planting methods and topsoil depths

               - The selection of species for planting should be checked against information available on the Leicestershire and Rutland Wildlife Trust website: https://www.lrwt.org.uk/wildlife/species-information/

               - Species of fruit trees chosen should be local

               - The Management Strategy does not refer to management of existing hedgerows

               - New hedging: Carpinus betulus may be a better choice on local heavy soils than the beech

               - The Management plan excludes the access road and the low bunds planted with woodland species.

 

3.           The applicant has committed within the Construction Method Statement to liaising with council officers in respect of tree and hedgerow protection. 

              The applicant is reminded that works to Tree 7, which has been identified as a bat roost, cannot be carried out without a licence from Natural England, and the tree works contractor must be advised of this.

 

4.           The applicant is advised that permission is unlikely to be granted in the future to cut back trees that encroach on the site boundary.  The trees in the woodland to the east, and many of the trees on the site, are protected and consent would be needed for any proposed works to the trees.

 

5.           The applicant is reminded that bats use the site for roosting and foraging, and lighting and planting must be considered accordingly.