Agenda item

Ward: Rushey Mead

Proposal: Demolition of existing restaurant; construction of one to five storey building to provide a mixed-use facility with a banqueting hall and ceremony room; restaurant and hotel (Sui Generis) (Amended plans 11/5/2020, 2/6/2020 & 12/6/2020)

Applicant: MR JAGDISH GHELANI

 

The Planning Officer introduced the report.

 

Graham Newsome the applicant’s agent and Jagdish Ghelani, the applicant addressed the Committee in support of the application.

 

Councillor Rita Patel addressed the Committee, expressing some concerns regarding the application submitted.

 

Marcia Stewart and Barbra Wells, residents from the local area were then given the opportunity to address the Committee. Speaking in objection of the application they expressed their concerns with the application.

 

Members considered the report and Officers responded to any comments and queries raised.

 

During the debate Councillors Gee and Rae Bhatia advised they were about to lose their video conference links, so at 19.17 the Chair adjourned the meeting for ten minutes to re-establish their respective connections. When the meeting reconvened at 19.28, the Chair was advised that Councillor Gee’s video conference link could not be re-established, and the meeting continued in his absence.

 

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.           (A) No development or related works such as site compounds, shall take place or commence until a programme of archaeological work including a Written Scheme of Investigation has been submitted to, and approved in writing, by the City Council as 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 or related works such as site compounds, 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 first approved in writing, by the City Council as local planning authority.

              (To ensure that any heritage assets that will be wholly or partly lost as a result of the development are recorded and that the understanding of their significance is advanced; and in accordance with Core Strategy policy CS18.) (To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

3.           All works to trees and all other development on the site shall be carried out in accordance with Drw No TPP_432Meltonrd_2 Rev A Tree. (To ensure trees are protected in accordance with policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS3.)

 

4.           Prior to the commencement of development, 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 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 CS3.) (To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

5.           Prior to the commencement of use the development shall be carried out in accordance with the submitted flood risk assessment (ref: Indigo Restaurant Flood Risk Assessment (FW1410/FRA/001 – v6), produced by Farrow Walsh Consulting and dated May 2019). Finished floor levels shall be set no lower than 52.20m Above Ordnance Datum (AOD) in accordance with the mitigation in the submitted flood risk assessment. These measures shall be retained and maintained thereafter throughout the lifetime of the development. (To reduce the risk of flooding to the proposed development and future occupants in accordance with policy CS02 of the Core Strategy.)

 

6.           Prior to the commencement of development, a scheme to provide level for level floodplain compensation, demonstrating that there is no increase in either the extent or depth of flooding beyond the redline boundary of the site. shall be submitted to and approved in writing by, the City Council as local planning authority. Prior to the commencement of use the floodplain compensation scheme shall be implemented. The measures shall be retained and maintained thereafter throughout the lifetime of the development. (To ensure the risk of flooding outside of the application site is not increased due to the displacement of water in accordance with policy CS02 of the Core Strategy.) (To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

7.           Prior to the commencement of use the Sustainable Drainage System (SuDS), including the green roof, for the site shall be completed in accordance with the approved details. The Sustainable Drainage System shall be managed and maintained thereafter in accordance with the approved management and maintenance plan. (To reduce surface water runoff and to secure other related benefits in accordance with policy CS02 of the Core Strategy.)

 

8.           Prior to the commencement of development, details of foul drainage, shall be submitted to and approved in writing by the City Council as local planning authority. The use shall not commence until the foul drainage has been installed in accordance with the approved details. It shall be retained and maintained thereafter. (To ensure appropriate drainage is installed in accordance with policy CS02 of the Core Strategy.) (To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

9.           Prior to the commencement of development, an Emergency Flood Plan shall be submitted to, and approved in writing by, the City Council as local planning authority. The scheme shall thereafter be managed and maintained in accordance with the approved Emergency Flood Plan. (To ensure the safe occupation of the scheme throughout its lifetime and to secure other related benefits in accordance with policy CS02 of the Core Strategy.) (To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

10.         Prior to the commencement of development, full design details of on-site renewable energy generation, energy efficiency measures and electric vehicle charge points, 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 and no part of the development shall be occupied, until evidence demonstrating satisfactory operation of the approved scheme, including on-site installation, has been submitted to and approved in writing by the City Council as local planning authority. (In the interests of securing energy efficiency and reduced greenhouse gas emissions in accordance with Policy CS02 of the Core Strategy.) (To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

11.         Prior to the commencement of use the access works shall be implemented, in accordance with details first submitted to and approved in writing by the City Council as local planning authority. They shall include (a) proposed signage to help ensure the one-way operation of the proposed one-way system; (b) footway crossings at each vehicular access; (c) alterations to footway crossings; (d) reinstatement of any altered areas of footway. (To ensure a 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).

 

12.         Prior to the commencement of use cycle parking shall be provided in accordance with details first submitted to and approved in writing by the City Council as local planning authority. (To provide for the needs of cyclists and to promote the use of sustainable means of transport in accordance with policies AM02 & AM11 of the City of Leicester Local Plan and Core Strategy Policies CS03, CS14 & CS15).

 

13.         Prior to the commencement of use the following works shall be carried out in accordance with details shown on the approved plans: (a) surfacing and marking out of all parking areas; (b) provision of loading unloading areas; (c) provision of turning space. The parking, loading/unloading areas and turning space shall not be used for any other purpose. (In the interests in highway safety, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS3.)

 

14.         Prior to the commencement of use, five car parking spaces for the use by disabled people shall be provided in accordance with guidance in the Leicester City Council and Leicestershire County Council document "6Cs Design Guide". They shall be retained and kept available for use by disabled people. (To ensure adequate provision for the needs of disabled people, and in accordance with policy AM11 of the City of Leicester Local Plan and Core Strategy policy CS3.)

 

15.         Prior to the commencement of development, details of electric charging for no less than 10% of the vehicle parking shall be submitted to and approved in writing by the City council as local planning authority. Prior to the commencement of use the electric vehicle charging shall be installed. (To promote means of transport that are less likely to contribute to poor air quality in accordance with policy CS02 in the Core Strategy and policy PS11 in the City of Leicester Local Plan.) (To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

16.         Prior to the commencement of use, the occupier shall submit a timetable to be contained within the Travel Plan, for the implementation and on-going monitoring of the approved Travel Plan and Car Parking Management Plan, unless otherwise approved in writing by the City Council as local planning authority. The Plan shall: (a) assess the site in terms of transport choice for staff, users of services, visitors and deliveries; (b) consider pre-trip mode choice, measures to promote more sustainable modes of transport such as walking, cycling, car share and public transport (including providing a personal journey planner, information for bus routes, bus discounts available, cycling routes, cycle discounts available and retailers, health benefits of walking, car sharing information, information on sustainable journey plans, notice boards) over choosing to drive to and from the site as single occupancy vehicle users, so that all users have awareness of sustainable travel options; (c) identify marketing, promotion and reward schemes to promote sustainable travel and look at a parking management scheme to discourage off-site parking; (d) include provision for monitoring 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).

 

17.         Prior to the commencement of development, including any works of demolition, a Construction Method Statement shall be submitted to, and approved in writing by the City Council as local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: (i) the parking of vehicles of site operatives and visitors; (ii) the loading and unloading of plant and materials; (iii) the storage of plant and materials used in constructing the development; (iv) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; (v) wheel washing facilities; (vi) measures to control the emission of dust and dirt during construction; (vii) a scheme for recycling/disposing of waste resulting from demolition and construction works. (To ensure the satisfactory development of the site and in accordance with Core Strategy policy CS3.) (To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

18.         Prior to the commencement of development, an acoustic survey shall be undertaken and submitted to and approved in writing, by the City Council as local planning authority, The survey shall be carried out in accordance with methodology first submitted to and approved in writing, by the City Council as local planning authority. The survey shall determine the existing ambient noise levels at the site boundaries of houses on Braemar Close that directly face the development, the façade of 420 Melton Road that is closest to the development, and the site boundaries of houses on Oakland Avenue that directly face the development.

              Prior to the commencement of development, an insulation scheme (informed by the acoustic survey) to prevent the transmission of noise from the proposed building to neighbouring residential properties, shall be submitted to and approved in writing, by the City Council as local planning authority. The scheme shall include ventilation arrangements that ensure that windows and external doors to the restaurant/banqueting hall/ceremony room can remain closed. The insulation scheme shall ensure that the sound pressure level at any site boundary shall not exceed the existing ambient sound pressure level between the hours of 0700 and 2300, and that the sound pressure level at any residential façade that includes a bedroom window shall not exceed the existing ambient noise level between the hours of 2300 and 0730. In addition the insulation scheme shall ensure that the Noise Rating level at any such facade does not exceed Noise Rating curve NR30.

              The noise insulation scheme as approved shall be fully implemented prior to the commencement of use. It shall be maintained for the life of the development.

              (To protect neighbouring residents from unreasonable levels of noise and in accordance with policies PS10 & PS11 of the City of Leicester Local Plan and policy CS03 in the Core Strategy.) (To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

19.         No live or amplified music shall be played or broadcast outside of the building, nor in any temporary structure outside of the building, between the hours of 2300 and 0730. (To protect neighbouring residents from unreasonable levels of noise and in accordance with policies PS10 & PS11 of the City of Leicester Local Plan and policy CS03 in the Core Strategy.)

 

20.         Live or amplified music, between 0730 and 2300, taking place outside of the building, or in any temporary structure outside of the building, shall be actively managed so as not to be detrimental to the amenity of the residents of neighbouring dwellings. (To protect neighbouring residents from unreasonable levels of noise and in accordance with policies PS10 & PS11 of the City of Leicester Local Plan and policy CS03 in the Core Strategy.)

 

21.         No construction or demolition work, other than unforeseen emergency work, shall be undertaken outside of the hours of 0730 to 1800 Monday to Friday, 0730 to 1300 Saturday or at any time on Sundays or Bank Holidays, unless the methodology has first been submitted to the City Council Noise Team. The methodology must be submitted at least 10 working days before such work commences and approved, in writing, by the City Council Noise Team.

              The City Council Noise Team shall be notified of any unforeseen emergency work as soon as is practical after the necessity of such work has been decided by the developer or by anyone undertaking the works on the developer’s behalf.

              (To protect neighbouring residents from unreasonable levels of noise and in accordance with policies PS10 & PS11 of the City of Leicester Local Plan and policy CS03 in the Core Strategy.)

 

22.         Should the development not commence within 24 months of the date of the last Phase 1 Protected Species Survey (7th August 2020), then a further protected species survey shall be carried out of all buildings, nearby trees and other relevant features by a suitably qualified ecologist. The survey results and any revised mitigation, shall be submitted to and approved in writing, by the City Council as local planning authority and any identified mitigation measures carried out in accordance with the approved plan. Thereafter the survey shall be repeated every 24 months, and the results and any mitigation measures, shall be submitted to and approved in writing, by the City Council as local planning authority until the development commences. (To comply with the Wildlife and Countryside Act 1981 (as amended by the CRoW Act 2000), the Habitat & Species Regulations 2017 and policy CS17 of the Core Strategy.)

 

23.         Should the development not commence within 24 months of the date of the bat survey (23rd July 2019), then a further bat survey shall be carried out of all buildings, nearby trees and other relevant features by a suitably qualified ecologist. The survey results and any revised mitigation, shall be submitted to and approved in writing, by the City Council as local planning authority and any identified mitigation measures carried out in accordance with the approved plan. Thereafter the survey shall be repeated every two years, and the results and any mitigation measures, shall be submitted to and approved in writing, by the City Council as local planning authority until the development commences. (To comply with the Wildlife and Countryside Act 1981 (as amended by the CRoW Act 2000), the Habitat & Species Regulations 2017 and policy CS17 of the Core Strategy.)

 

24.         Tree T39 shall not be removed until a further bat survey has been carried out for T39 and all buildings, nearby trees and other relevant features by a suitably qualified ecologist. The survey results and any revised mitigation, shall be submitted to and approved in writing, by the City Council as local planning authority and any identified mitigation measures carried out in accordance with the approved plan. Thereafter the survey shall be repeated every 24 months, and the results and any mitigation measures, shall be submitted to and approved in writing, by the City Council as local planning authority until the development commences. (To comply with the Wildlife and Countryside Act 1981 (as amended by the CRoW Act 2000), the Habitat & Species Regulations 2017 and policy CS17 of the Core Strategy.)

 

25.         Development shall be carried out in accordance with the guidance in section 4 of the ecology report (BSG Ecology, December 2018) at all times. (To comply with the Wildlife and Countryside Act 1981 (as amended by the CRoW Act 2000), the Habitat & Species Regulations 2017 and policy CS17 of the Core Strategy.)

 

26.         Prior to the commencement of development, details of bird and bat boxes and tubes, shall be submitted to and approved in writing, by the City Council as local planning authority. The use shall not commence until the boxes and tubes have been installed in accordance with the approved details. (To take the opportunity to provide wildlife habitat in accordance with policy CS17 in the Core Strategy.) (To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

27.         Prior to the commencement of development, a detailed design plan of the lighting to be used (which shows the locations of lights, their type of light emittance and wavelength, together with a lux contour map showing the variation in light) during construction and the lighting to be used once the scheme is in use, shall be submitted to and approved in writing, by the City Council as local planning authority. The lighting should be designed to cause minimum disturbance to wildlife that may inhabit the site with appropriate areas remaining dark and a maximum of 1 lux in areas where there is higher ecological sensitivity if necessary. The approved scheme shall be implemented prior to the commencement of development (for construction related lighting) and prior to the commencement of use (lighting to be used once the scheme is in use) and retained thereafter. No additional lighting should be installed without prior agreement from the City Council as local planning authority. (In the interests of protecting wildlife habitats and in accordance with policy CS17 Biodiversity of the Core Strategy.) (To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

28.         Prior to the commencement of development, a plan for the removal of Japanese Knotweed shall be submitted to and approved in writing by the City Council as local planning authority. The plan shall be implemented as approved. (To promote biodiversity through the removal of an invasive species in accordance with policy CS17 in the Core Strategy.) (To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

29.         Prior to the commencement of above ground development, a 2sqm sample brick panel, including mortar and bond, which shows the brickwork and a section of the window, including the colour coated metal panel adjacent to the window, and the U-channel glass rainscreen cladding, shall be constructed and then viewed and approved in writing, by the City Council as local planning authority. Brickwork, windows, panels and cladding shall be installed in accordance with the approved panel. (To maintain the character and appearance of area in accordance with policy CS03 of the Core Strategy.)

 

30.         Prior to the commencement of development, full details of the U-channel glass rainscreen cladding, 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 details approved. All other materials used for the development shall be in accordance with the Details of Façade drawing, labelled 17L01 PL01_11. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.) (To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

31.         This consent shall relate solely to the amended plans ref. no. 17L01 PL01_01 Rev C, 17L01 PL01_02 Rev H1, 17L01 PL01_03 Rev F, 17L01 PL01_04.1 Rev E, 17L01 04.2 Rev D, 17L01 PL01_04.3 Rev C, 17L01 PL01_05 Rev E1, 17L01 PL01_06 Rev C, 17L01 PL01_07 Rev F, 17L01 PL01_08 Rev F, 17L01 PL01_11 Rev C, 17L01 PL01_12, 17L01 PL01_13 & 17L01 PL01_14 received by the City Council as local planning authority on 11th of May, 2nd & 12th of June 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. 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.           Severn Trent Water advises that there are major public sewers located within the application site. Public sewers have statutory protection by virtue of the Water Industry Act 1991 as amended by the Water Act 2003 and you may not build close to, directly over or divert a public sewer without consent. You are advised to contact Severn Trent Water to discuss your proposals. Severn Trent Water will seek to assist you in obtaining a solution which protects both the public sewer and the proposed development. They may obtain copies of our current guidance notes and application form from either our website (www.stwater.co.uk) or by contacting our Asset Protection Build Team (Tel: 024 7771 6843 / email: net.dev.east@severntrent.co.uk).

 

3.           It is unlikely that any construction or demolition work will be agreed outside of the hours detailed in Condition 21 unless the City Council Noise Team is satisfied that:

              a)      the work will not be detrimental to occupiers of neighbouring properties or

              b)      the developer is able to demonstrate that there is no practicable alternative to the proposed work taking place outside of these hours.

 

4.           All wild bird species, their eggs and nests are protected by law. No work to, or removal of, vegetation on the site should be carried out during bird nesting season (March to August inclusive).

 

5.           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.

              With regards the Travel Plan condition, the applicant should contact Bal Minhas (bal.minhas@leicester.gov.uk) for further advice.