Agenda item

Ward: Saffron

Proposal: Change of use from former allotments to create public open space, play areas and protected natural areas, community orchard, access paths, replacement and refurbished fencing (Sui Generis)

Applicant: Leicester City Council

The Planning Officer presented the report.

Councillor Cutkelvin addressed the Committee, expressing some concerns regarding the application as submitted.

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

The Chair moved that, in accordance with the officer recommendation, the application be approved subject to the conditions set out in the report.  This was seconded by Councillor Whittle 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.           Within one year of work commencing on site to implement the approved plans, details of the play equipment to be provided and a timescale for the provision of the equipment shall be submitted to the local planning authority and approved in writing. The equipment shall be installed in accordance with the approved details. (In the interests of residential amenity and in accordance with policies GE20 and PS10 of the City of Leicester Local Plan and Core Strategy policies CS08 and CS13.) 

3.           The development shall be carried out in accordance with the submitted flood risk assessment and the measures it details: No development or ground raising within the flood plain, as indicated on the map in section 6.0 of the FRA. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development. (To prevent flooding elsewhere by ensuring that there is no land raising within the flood plain and in accordance with City of Leicester local plan policy BE20 and Core Strategy policy CS02).

4.           This consent shall relate to the following amended plans: DWG 100 OWD-02-19 Rev B, 04-19 rev B, 05-19 rev B, 06-19 rev B, 07-19 rev B, 08-19 rev B, 09-19 Rev B, 10-19 Rev B, 11-19 Rev B, 25-19 Rev B, 26-19 Rev B, 27-19 Rev B, 27-05 rev 1 and the Landscape and Ecology Management Plan received on the 2nd March 2020.

               (For the avoidance of doubt.)

              NOTES FOR APPLICANT

1.           The Environmental Permitting (England and Wales) Regulations 2016 require a permit or exemption to be obtained for any activities which will take place:

              •           on or within 8 metres of a main river, such as the Saffron Brook

              •           in a floodplain more than 8 metres from the river bank, culvert or flood defence structure) and you don’t already have planning permission

              For further guidance please visit https://www.gov.uk/guidance/flood-risk-activities-environmental-permits or contact our National Customer Contact Centre on 03708 506 506 (Monday to Friday, 8am to 6pm) or by emailing enquiries@environment-agency.gov.uk.

               The applicant should not assume that a permit will automatically be forthcoming once planning permission has been granted, and we advise them to consult with us at the earliest opportunity.

2.           The applicant should be aware of the following advice from Network Rail in respect of safety:

              Due to the nature of the proposed developments we consider that there will be an increased risk of trespass onto the railway. The Developer must provide a suitable trespass proof fence adjacent to Network Rail’s boundary (minimum approx. 1.8m high) and make provision for its future maintenance and renewal. Network Rail’s existing fencing / wall must not be removed or damaged.

              Children’s play areas, open spaces and amenity areas must be protected by a secure fence along the boundary of one of the following kinds, concrete post and panel, iron railings, steel palisade or such other fence approved by the Local Planning Authority acting in consultation with the railway undertaker to a minimum height of 1.8 metres and the fence should not be able to be climbed.

3.           If any further clearance works are required they should be done in accordance with agreements and methodology previously agreed and with an appended note provided to the LPA.

4.           The City Council as local planning authority has acted positively and proactively in determining this application by assessing the proposal against all material planning considerations, including planning policies and representations that may have been received, and subsequently determining 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.