Agenda item

Ward: Castle

Proposal: DEMOLITION OF EXISTING GARAGE AND OUTBUILDING; CONSTRUCTION OF NEW DWELLING (1 X 2 BED) (CLASS C3); ALTERATIONS (AMENDED PLANS RECEIVED 21/05/2020)

Applicant: MS C EVERT

The Planning Officer presented the report, which Members then considered.

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 Valand and, upon being put to the vote, the motion to approve was CARRIED.

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.           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 details to be submitted prior to the commencement of development and approved in writing 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 CS03.To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

3.           Notwithstanding any materials outlined on the approved plans, prior to the commencement of any works above slab/foundation level on site a materials sample panel for all external finishes, including but not limited to, windows, doors and cladding shall be submitted to and approved in writing by the City Council as Local Planning Authority. The development shall only be delivered in accordance with the approved materials. (In the interests of visual amenity and In the interests of preserving and enhancing the character and appearance of the conservation area, and in accordance with Core Strategy policies CS03 and CS18).

4.           Prior to commencement of any works above slab/foundation level on site, full joinery details including horizontal and vertical cross sections of all windows and doors (scale 1:2 / 1:5 as appropriate) shall be submitted to and approved in writing by the City Council as local planning authority, and the works carried out in accordance with the approved details. (In the interests of preserving and enhancing the character and appearance of the conservation area, and in accordance with Core Strategy policy CS18 Historic Environment).

5.           Notwithstanding any landscaping details on the approved plans, prior to the commencement of any works above slab/foundation level on site , a detailed landscaping scheme showing the treatment of all parts of the site which will remain unbuilt upon shall be submitted to and approved in writing by the City Council as local planning authority. This scheme shall include details of: (i) the position and spread of all existing trees, shrubs and hedges to be retained or removed; (ii) new tree and shrub planting, 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; (vi) any changes in levels; (vii) the position and depth of service and/or drainage runs (which may affect tree roots). The approved landscaping scheme shall be carried out in full within one year of completion of the development. 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.To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

6.           Prior to the commencement of any works above slab/foundation level on site full details of the Sustainable Drainage System (SuDS) together with implementation, long term maintenance and management of the system shall be submitted to and approved in writing by the local planning authority. The dwelling shall not be occupied until the system has been implemented in full.  It shall thereafter be managed and maintained in accordance with the approved details. Those details shall include: (i) full design details, (ii) a timetable for its implementation, and (iii) a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the system throughout its lifetime. (To reduce surface water runoff and to secure other related benefits in accordance with policy CS02 of the Core Strategy).

7.           Before the occupation of the proposed extension new windows facing 4 Knighton Park Road shall be fitted with sealed obscure glazing (with the exception of top opening light) and retained as such. (In the interests of the amenity of occupiers of 4 Knighton Park Road and in accordance with policy PS10 of the City of Leicester Local Plan).

8.           The development shall be carried out in full accordance with the precautionary mitigation and enhancements as recommended in Section 7 of the Protected Species Report: Bat presence and absence surveys (Brindle and Green, September 2019). Where necessary a suitably qualified ecologist should be present on site to supervise works and actions taken to minimise risk of injury or disturbance to species and their habitats and evidence provided in writing to the City Council as Local Planning Authority.  Any necessary mitigation shall be retained thereafter. (In the interests of existing ecology and in accordance with Core Strategy policy CS17)

9.           The dwelling and its associated parking and approach shall be constructed in accordance with 'Category 2: Accessible and adaptable dwellings M4 (2) Optional Requirement. On completion of the scheme and prior to the occupation of the dwelling a completion certificate signed by the relevant inspecting Building Control Body shall be submitted to the City Council as local planning authority certifying compliance with the above standard. (To ensure the dwelling is adaptable enough to match lifetime's changing needs in accordance with Core Strategy policy CS06)

10.         The vehicular access to the site shall be retained and kept available for that use by the host building (4 Knighton Park Road) and the proposed dwelling. (To ensure that vehicular access is retained and also to ensure a second access is not proposed in the future to protect the character of the Area and secure highway safety; and in accordance with policies AM12 and UD06 of the City of Leicester Local Plan and Core Strategy policies CS03 and CS18.)

11.         This consent shall relate solely to the amended plans received by the City Council as local planning authority on 21/05/2020. (For the avoidance of doubt.)

              NOTES FOR APPLICANT

1.           All foundations, gutters and downpipes should be wholly within the application site. 

2.           To meet condition 9 All those delivering the scheme (including agents and contractors) should be alerted to this condition, and understand the detailed provisions of Category 2, M4(2). The Building Control Body for this scheme must be informed at the earliest opportunity that the units stated are to be to Category 2 M4(2) requirements. Any application to discharge this condition will only be considered if accompanied by a building regulations completion certificate/s as stated above.

3.           Development on the site shall avoid the bird nesting season (March to September), but if necessary a re-check for nests should be made by an ecologist (or an appointed competent person) not more than 24 hours prior to the commencement of works and evidence provided to the LPA. If any nests or birds in the process of building a nest are found, these areas will be retained (left undisturbed) until the nest is no longer in use and all the young have fledged. An appropriate standoff zone will also be marked out to avoid disturbance to the nest whilst it is in use.

              All wild birds are protected under the Wildlife and Countryside Act (1981) as amended making it an offence to kill, injure or disturb a wild bird during the nesting season or to damage or destroy an active nest or eggs during that time.

               ‘Bats are a rare and declining group of species. Hence, all British species of bat are fully protected by the Wildlife and Countryside Act 1981 (as amended) and the Conservation (Natural Habitats &c.) Regulations 1994, making it an offence to intentionally or recklessly kill or injure or disturb these species whilst in a place of shelter or protection. Failure to comply with this may result in prosecution and anyone found guilty of an offence is liable to a fine of up to £5,000 or to imprisonment for a term not exceeding six months, or both’.

4.           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.