Agenda item

Ward: Stoneygate

Proposal: Change of use from care home (Class C2) to seven flats (5 x 1 bed, 2 x studio) (Class C3); Installation of boundary fence; Vehicular access (Amended plans received 23/4/2020)

                          Applicant: Mr L Patel

The Planning Officer presented the report and drew Members’ attention to the supplementary report which referred to additional conditions, the renumbering of a condition and further considerations.

The Legal Advisor provided legal advice to clarify the position with prosecutions for the unauthorised works which had been carried out on the listed building.

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

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

RESOLVED:

that the application be APPROVED subject to the conditions as 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.           Prior to the first occupation of any flat, an insulation scheme to prevent the transmission of noise to, between the flats and adjoining property 7 Stanley Road shall be carried out in accordance with the written details which shall first have been submitted to and approved by the City Council as local planning authority. (In the interests of the future occupiers of the development and in accordance with saved policies PS10 and PS11 of the City of Leicester Local Plan)

3.           No flat shall be occupied until a Management Plan for all residents (to include the control of future maintenance of the building and the external amenity areas and details of the rental arrangements for the building) has been implemented in accordance with details first submitted to and approved in writing by the local planning authority. (In the interests of the amenity of neighbouring residents, the wellbeing of residents of this scheme and the protection of the heritage asset and in accordance with policy CS18 of the Leicester Core Strategy.)

4.           No part of the development shall be occupied until secure and covered cycle parking has been provided and retained thereafter, in accordance with written show on drawing number KMC-1508-12 rev PP-2 received by the City Council as local planning authority on 27 March 2020. (In the interests of the satisfactory development of the site and in accordance with policies AM02 and H07 of the City of Leicester Local Plan).

5.           Prior to the first occupation of each unit, the occupiers of each of the dwellings shall be provided with the ‘Residents Travel Pack’ as submitted to the City Council as local planning authority on 11 March 2020. (In the interest of promoting sustainable development, and in accordance with policy AM02 of the City of Leicester Local Plan and policy CS14 of the Core Strategy)

6.           Before the occupation of any part of the development, all parking areas shall be surfaced and marked out in accordance with details shown on approved plan KMC-1508-10 rev PP2, and shall be retained for parking and not used for any other purpose. (To ensure that parking can take place in a satisfactory manner, and in accordance with saved policy AM12 of the City of Leicester Local Plan and Core Strategy policy CS3.)

7.           No part of the development shall be occupied until the sight lines on each side of each vehicular access have been provided as shown on approved plan KMC-1508-10 rev PP2, and they 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 CS3.)

8.           No part of the development shall be occupied until the Sustainable Drainage System (SuDS) involving the removal of the tarmac in the rear yard and installation of pea gravel for the site has been completed in accordance with the approved details and the development shall be retained as such.  (To reduce surface water runoff and to secure other related benefits in accordance with policy CS02 of the Core Strategy.)

9.           All trees on the site subject to a Tree Preservation Order shall be protected from damage during building operations, in accordance with the written details which shall first have been submitted to and approved by the City Council as local planning authority. (In the interests of amenity, and in accordance with policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS3.)

10.         Works required to construct the access to the parking area for the site shall be carried out with the use of hand tools only (In the interests of amenity of the protected trees, and in accordance with policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS3.)

11.         Prior to the commencement of the development, a full internal schedule of works shall be submitted to and approved in writing by the City Council as local planning authority. This shall include:

              i) a room-by-room schedule confirming the extent of repair and alteration works to all walls, floors, ceilings and historic features

              ii) floorplans confirming the location and method of installation of all new plumbing, pipework and electrical wiring

              iii) detailed drawings of reinstated joinery

              iv) details of the location and methodology of any fire protection and acoustic separation works

              v) type of construction and method of installation of all new stud partition walls.

              The works shall be completed in accordance with the approved details prior to first occupation of any of the flats.

              (To ensure the details of the internal works are satisfactory and in accordance with policy CS18 of the Leicester Core Strategy and paragraphs 194 and 200 of the National Planning Policy Framework 2019 To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition)

12.         Prior to the commencement of development, further details confirming the extent of external repair / alteration works shall be submitted to and approved in writing by the City Council as local planning authority. This shall include:

              i) Sample of new cast iron rainwater goods

              ii) methodology of repair to reinstated masonry/mortar where rainwater goods are to be removed.

              The works shall be completed in accordance with the approved details prior to first occupation of any of the flats.

              (To ensure that the details are satisfactory and in the interests of the protection of the listed building, in accordance with policy CS18 of the Leicester Core Strategy and paragraphs 194 and 200 of the National Planning Policy Framework 2019 To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition)

13.         This consent shall relate solely to the amended plans ref. no. KMC-1508-1-11 rev PP2 received by the City Council as local planning authority on 23 April 2020 (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 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.           You are advised that this planning permission cannot be implemented unless and until you have received the necessary corresponding Listed Building Consent.