Agenda item
20200942 FLEET STREET, FLEET HOUSE
Minutes:
Ward: Castle
Proposal: Part demolition and conversion of Fleet House; construction of four storey extension to Fleet House fronting Byron Street; construction of five 5 - 6.5 storey buildings comprising 351 flats (120 x Studio, 211 x 1 bed, 20 x 2 bed) (Class C3); communal ancillary facilities to include residents gym; indoor amenity space; outdoor landscaped amenity space; pedestrian access (amended plans)
Applicant: Lee Contracts
The Planning Officer presented the report.
Mr Muthar Al-Salloum, on behalf of the applicant, addressed the Committee and spoke in support of the application.
Councillor Kitterick then addressed the Committee as a Ward Councillor, speaking against the application.
Members considered the report and officers responded to the comments and queries raised.
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. Notwithstanding the approved Proposed Phasing Plan (ref. 45806(P-30)001) no development shall take place, including demolition, until a Demolition and Construction Phasing Plan including the full order of all works on site is submitted to and approved in writing by the City Council as local planning authority. (To ensure the satisfactory development of the site, and in accordance with policies AM01, 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. No development of each phase shall take place, including demolition, until a Construction Method Statement has been submitted to, and approved in writing by the City Council as local planning authority relating to the specific phase. 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 demolition works and 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; (viii) routing of vehicles (in conjunction with LHA) including the appointment of a named CMS co-ordinator with contact details as part of a Construction Traffic Management Plan. The approved Statement shall be adhered to throughout the construction period. (To ensure the satisfactory development of the site, and in accordance with policies AM01, 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).
4. Prior to commencement of development of each phase, including demolition works, a mitigation scheme to minimise disturbance to bats and Schedule 1 bird species as referenced in the "Protected Species Survey: in particular bats and various species of nesting birds" report produced by [Curious Ecologists dated 6th October 2020] [page [11], section [5], should be implemented in full. Demolition works should only proceed outside of the bird nesting season (between 1st September and end of February in any one year). This includes a toolbox talk to inform on precautionary measures and any demolition of features likely to support bats or birds should be carried out under the supervision of a fully licenced bat ecologist. If evidence of bats are found during this process all works should cease and any mitigation measures reviewed and approved in writing by the City Council as local planning authority. (In the interests of protecting wildlife habitats, and in accordance with CS17 Biodiversity of the Core Strategy and Habitat and Species Regulations 2017. This is a PRE-COMMENCEMENT condition).
5. Notwithstanding the approved details, prior to any works above ground in any phase containing Fleet House, including demolition, details of all alterations, improvements and restoration works to Fleet House shall be submitted to and approved in writing by the City Council as local planning authority. The details shall include elevation and section plans at an appropriate scale (1:100/1:50/1:20), details of materials including specification and means of connection between the existing building and new buildings. The development shall only be carried out in accordance with the approved details. (In the interest of heritage and building conservation, in accordance with Core Strategy policies CS03 and CS18).
6. A) Prior to the commencement of development of each phase the applicant should secure the implementation of an appropriate programme of archaeological work in respect of the relevant phase to be undertaken by a competent and experienced organisation in accordance with a Written Scheme of Investigation (WSI), which has been submitted to and approved in writing by the City Council as the local planning authority. The scheme must include an assessment of significance, 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.
B) No development of each phase shall take place other than in accordance with the Written Scheme of Investigation approved under (A) above.
C) No phase of the development shall be occupied until the site investigation and post-investigation assessment relating to that phase 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 otherwise agreed in writing with 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).
7. Prior to any development other than demolition, details of drainage shall be submitted to and approved in writing by the City Council as local planning authority. No flat shall be occupied until the drainage for that phase has been installed in full 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).
8. Prior to any development other than demolition, 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 City Council as local planning authority. No flat shall be occupied until the system has been implemented in full for that phase. 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).
9. Prior to any development of each phase other than demolition, full design details of on-site installations to provide energy efficiency measures, including air-source heat pumps supplying the hot water for the development, shall have been submitted to and approved in writing by the City Council as local planning authority. Prior to the occupation of each respective phase evidence demonstrating satisfactory operation of the approved scheme including on-site installation of that phase shall be submitted to and approved in writing by the City Council. The approved scheme shall be retained and maintained thereafter. (In the interests of securing energy efficiency in accordance with Policy CS02 of the Core Strategy).
10. Prior to any development of each phase other than demolition, the site shall be investigated for the presence of land contamination within that phase, and a Site Investigation Report incorporating a risk assessment and, if required, scheme of remedial works to render that phase suitable and safe for the development, shall be submitted to and approved in writing by the City Council as local planning authority. The approved remediation scheme for that respective phase shall be implemented and a completion report for that phase shall be submitted to and approved in writing by the City Council as local planning authority before the occupation of each phase of the development. Any parts of the site where contamination was previously unidentified and found during the development process shall be subject to remediation works carried out and approved in writing by the City Council as local planning authority prior to the occupation of each phase of the development. The report of the findings shall include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: human health, property (existing or proposed) including buildings and service lines and pipes, adjoining land, ground waters and surface waters, ecological systems, archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This shall be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11". (To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy PS11 of the City of Leicester Local Plan).
11. Prior to any development other than demolition, a site-wide Landscape Strategy, including long term design objectives, management responsibilities and maintenance schedules for all parts of the site that shall remain unbuilt upon shall be submitted to and approved in writing by the City Council as local planning authority. The approved Landscape Strategy shall inform the LEMP and shall be implemented as approved and maintained thereafter. (In the interests of amenity and the continued satisfactory provision of such facilities and in accordance with Policy UD06 of the City of Leicester Local Plan and Core Strategy Policies CS03 and CS13).
12. Prior to any development of each phase other than demolition, a detailed landscape and ecological management plan (LEMP) for that phase showing the treatment and maintenance 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 shrubs or 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) all hard surface treatments including manufacturers specifications; (v) boundary treatments, including details of the entrance gates; (vi) any changes in levels, design and location of ramps with details of gradients; (vii) the position and depth of service and/or drainage runs viii) a detailed plan of the biodiversity enhancements on the site such as meadow creation and hedgerow improvements including a management scheme to protect habitat during site preparation and post-construction ix) details of planting design and maintenance of green roofs; x) details of the make and type of 12x bird boxes/tiles/bricks and 6 x bat boxes/tiles/bricks to be erected on buildings and 2 invertebrate boxes under the guidance and supervision of a qualified ecologist. The approved LEMP shall contain details on the after-care and maintenance of all soft landscaped areas and be carried out within one year of completion of each phase 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. Any areas designed for biodiversity enhancement to achieve net gain will require maintenance and management for a minimum of 30 years. 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 and a written assessment of the landscaped/habitat areas and use by wildlife/species present shall be submitted to and approved in the writing annually by the local planning authority. (In the interests of amenity, and in accordance with policy UD06 of the City of Leicester Local Plan and Core Strategy policies CS03 Urban Design, CS17 Biodiversity).
13. Prior to any development of each phase other than demolition, a detailed design of all external lighting for that phase, including locations of lights, their type of light emittance and wavelength, together with a lux contour map showing the variation in light, 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 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 prior to occupation of each phase of development and retained thereafter. No additional external lighting should be installed without prior written agreement from the City Council. (In the interests of protecting wildlife habitats and in accordance with saved policy BE22 of the Local Plan and policy CS17 Biodiversity of the Core Strategy).
14. Notwithstanding the approved details, prior to the commencement of development of each phase, a materials sample panel drawing (at a scale of 1:20) and materials schedule for that phase shall be submitted to and approved in writing by the City Council as local planning authority. Prior to the construction of any above ground works of each phase the approved sample panel shall be constructed on site, showing all external materials, including brick, brick bond and mortar colour for inspection and approval in writing by the City Council as local planning authority. Each phase shall be constructed in accordance with the approved sample panel and materials. (In the interest of visual amenity and character and appearance of the area and in accordance with Core Strategy policy CS03).
15. Before any above ground works are carried out for each phase a noise assessment for that phase shall be submitted to and approved in writing by the City Council as local planning authority. The assessment shall address noise (music and on-street activity) from nearby entertainment venues and shall include the mitigation measures detailed in Section 6.3 of the ‘Assessment of the Existing Noise Climate in the Vicinity of the Proposed Residential Development at: Fleet House, Lee Circle, Leicester’ (Dated 14th March 2020, Ref: L4804), and details of the recommended glazing specified and means of fresh air ventilation to prevent the transmission of noise into the development whilst allowing windows to remain closed. Prior to first occupation of each phase the approved details shall be implemented in full and shall be retained and maintained thereafter. (In the interests of residential amenity and in accordance with Saved Policies H07 and PS10 of the City of Leicester Local Plan).
16. Before the occupation of any phase of the development, the footway along Old Milton Street fronting the development shall be resurfaced in accordance with details of the proposed footway construction which shall first be submitted to and approved in writing by the City Council as local planning authority, in consultation with the highway authority. The details submitted shall include (i) proposed materials, including specifications information to demonstrate suitability for use within the highway, together with construction depths; (ii) tie-in details into the existing footways; (iii) reinstatement of full height kerbs and full depth footway construction at existing footway crossings where they are made redundant by construction of the development and (iv) drainage details showing how surface water run-off from within the development will be prevented from being discharged into the highway. The approved details shall be implemented prior to the occupation of that phase and shall be retained thereafter in accordance with the approved details. (For the safety and convenience of pedestrians and other road users, and in accordance with saved policies AM01 and AM02 of the City of Leicester Local Plan and Core Strategy policy CS03).
17. Before the occupation of any phase of the development, the following works in so far as relevant to that phase shall be carried out in accordance with the written details submitted to and approved in writing in advance by the City Council as local planning authority: (a) alterations to footway crossings; and (b) reinstatement of any redundant footway crossings and/or damaged or altered areas of footway or other highway. The approved works shall be retained thereafter. (To ensure a satisfactory means of access to the highway, and in accordance with saved policies AM01 and AM02 of the City of Leicester Local Plan and Core Strategy policy CS03).
18. All street works shall be constructed in accordance with the Council's standards contained in The Leicester Street Design Guide (First Edition). The guide can be found at: https://www.leicester.gov.uk/your-council/city-mayor-peter-soulsby/key-strategy-documents/ (To achieve a satisfactory form of development, and in accordance with Saved policies AM01 and AM02 of the City of Leicester Local Plan and Core Strategy policy CS03).
19. Notwithstanding the submitted Travel Plan, no part of the development shall be occupied until an updated Travel Plan for the development has been submitted to and approved in writing by the City Council as local planning authority. The Plan shall: (a) assess the site in terms of transport choice for occupiers; (b) consider pre-trip mode choice, measures to promote more sustainable modes of transport such as walking, cycling, cycle share and public transport (including providing a cycle hub scheme to enable residents to borrow or hire cycles, personal journey planner, information for bus routes, bus discounts available, cycling routes, cycle discounts available and retailers, health benefits of walking, information on sustainable journey plans, notice boards) over choosing to drive so that all users have awareness of sustainable travel options; (c) identify marketing, promotion and reward schemes to promote sustainable travel and to discourage off-site parking; (d) include provision for monitoring travel modes of all users and patterns at regular intervals, for a minimum of 5 years from the first occupation of each phase of the development brought into use. The plan shall be implemented in accordance with the timetable contained within the approved Plan and shall be maintained and operated thereafter. (To promote sustainable transport and in accordance with saved policies AM01, AM02, AM11 and AM12 of the City of Leicester Local Plan and Core Strategy policies CS14 and CS15).
20. Prior to the first occupation of each flat, the occupiers shall be provided with a ‘Residents Travel Pack’ details of which shall be submitted to and approved in writing by the City Council, as the local planning authority in advance. The contents of this shall include walking, cycling and bus maps, latest relevant bus timetable information and bus travel and cycle discount vouchers. (In the interest of sustainable development and in accordance with saved policies AM01, AM02 and AM05 of the City of Leicester Local Plan and Core Strategy policy CS14).
21. Prior to the first occupation of each phase of the development, a Management Plan for that phase shall be submitted to and approved in writing by the City Council as local planning authority. The Management Plan shall include details of the management and ongoing maintenance of internal and external communal areas, including the gyms and the operation of waste collection for that phase. The details approved within the Management Plan shall be implemented and retained as such thereafter. (In the interest of visual amenity and character and appearance of the area and in accordance with Core Strategy policy CS03).
22. The window reveals of all new build elements shall be constructed with a minimum depth of 200mm and in accordance with plan ref. 45806(P-34)005. (In the interest of visual amenity and character and appearance of the area and in accordance with Core Strategy policy CS03).
23. The demolition and construction of the development of each phase shall be carried out in accordance with the approved mitigation measures submitted in the Air & Acoustic Consultants Ltd Air Quality Assessment (Dated: February 2019, Ref 100252_002) received on 01/06/2020. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)
24. No phase of the development shall be occupied until secure and covered cycle parking for that phase has been provided and retained thereafter, in accordance with details first approved by the City Council as local planning authority. (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).
25. The gyms, laundry rooms and communal facilities hereby approved shall only be used by occupiers of the site. (In the interests of the amenities of future occupiers, and satisfactory development of the site and in accordance with policies H07 and PS10 of the City of Leicester Local Plan.)
26. The flats and their associated access shall be constructed in accordance with 'Category 2: Accessible and adaptable dwellings M4 (2) Optional Requirement. On completion of each phase of development and prior to the occupation of that respective phase a completion certificate signed by the relevant inspecting Building Control Body shall be submitted to and approved in writing by the City Council as local planning authority certifying compliance with the above standard. (To ensure the development is adaptable enough to match lifetime's changing needs in accordance with Core Strategy policy CS06).
27. The dwellings hereby permitted shall comprise 351 flats (120 x Studio, 211 x 1 bed, 20 x 2 bed) in accordance with the plans referred to in condition 27 attached to this Planning Permission and in accordance with the schedule of accommodation received by the City Council as local planning authority on 08/12/2020. (For the avoidance of doubt.)
28. This consent shall relate solely to the following submitted information:
Demolition Plans –
(P-01)001; (P-01)002; (P-01)003; (P-01)004; and (P-01)005 received by the City Council as local planning authority on 01/06/2020
Proposed Floor Plans -
(P-20)001 rev H and (P-20)002 rev H received by the City Council as local planning authority on 19/01/2021
(P-20)006 rev F received by the City Council as local planning authority on 15/12/2020
(P-20)003 rev E; (P-20)004 rev E; (P-20)005 rev E; (P-20)007 rev E; (P-20)010 rev E; and 45806(P-20)021 rev G received by the City Council as local planning authority on 10/12/2020
Proposed Elevations –
(P-21)003 rev G; (P-21)002 rev F; (P-21)006 rev G; (P-21)005 rev G; (P-21-A1)002 rev G; (P-21-A1)001 rev F; (P-21-B1)003 rev G; (P-21-B1)004 rev G; (P-21-B1)005 rev G; (P-21-C1)006 rev G; (P-21-C1)007 rev G; (P-21-C1)008 rev F; (P-21-C1)009 rev F; and (P-21-A1-D1)010 rev G received by the City Council as local planning authority on 08/12/2020
(P-21)004 rev J; (P-21)001 rev H; and 45806(P-21)008 received by the City Council as local planning authority on 23/12/2020
Site Sections -
(P-22)002 rev C; (P-22)003 rev C; (P-22)004 rev C; and (P-22)005 rev B; received by the City Council as local planning authority on 08/12/2020
Typical Bay Elevations -
45806(P-23)001 rev A; 45806(P-23)002 rev A; 45806(P-23)003 rev A; and 45806(P-23)004 rev A received by the City Council as local planning authority on 12/10/2020
45806(P-23)005 rev A and 45806(P-23)006 rev A received by the City Council as local planning authority on 08/12/2020
Access Plans –
45806(P-19)001 rev A and 45806(P-19)002 rev A; received by the City Council as local planning authority on 08/12/2020
Elevation Section Plans –
45806(P-34)001; 45806(P-34)002; 45806(P-34)003; 45806(P-34)004; 45806(P34)010; 45806(P34)011; and 45806(P34)012 received by the City Council as local planning authority by the City Council as local planning authority on 12/10/2020
45806(P-34)005 received by the City Council as local planning authority on 19/01/2021
Phasing Plan- 45806(P-30)001 received by the City Council as local planning authority by the City Council as local planning authority on 10/12/2020
Air Quality Assessment (ref. 100252)002); Heritage Statement (ref. 02754D) Historic Building Record (AC-307B); Ground Investigation (G16226-IR); Flood Risk Assessment (MC/EST/200312/17-2/R001 Issue No.4) Archaeological Desk Based Assessment (AC00307A); Transport Assessment (CTP-15-303) ;Residential Travel Plan (CTP-15-303); Financial Viability ; Development Appraisal; Planning Statement including Affordable Housing Statement; Building for Life Assessment; Design & Access Statement received by the City Council as local planning authority on 01/06/2020; Planning Energy Statement (Leema Technologies Rev D) received by the City Council as local planning authority on 31/07/2020; Drainage Strategy (MC/EST/200312/17-2/R001 Issue No.4) received by the City Council as local planning authority on 21/09/2020; Protected Species Survey; Sun Path Analysis Diagrams; Cleaning & Repair Method of Works Specification; Wharf Street Elevation Analysis; Fleet House Apartment Breakdown and Schedule of Materials received by the City Council as local planning authority on 12/10/2020; Fleet House Management Strategy received by the City Council as local planning authority on 08/12/2020; Swept Path Analysis CTP-15-303_SP04 received by the City Council as local planning authority on 20/07/2020; and Accurate Visual Representations; Schedule of Accommodation and Cycle Storage received by the City Council as local planning authority on 19/01/2021 unless otherwise submitted to and approved in writing by the City Council as local planning authority. (For the avoidance of doubt.)
NOTES FOR APPLICANT
1. For the avoidance of doubt, where the above conditions refer to phasing this relates to the details to be approved by condition 2 of this permission and to approved Proposed Phase pan ref. 45806(P-30)001.
2. 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.
As the existing building to be demolished any barriers, scaffolding, hoarding, footway closure etc. required for the demolition works to be undertaken may require a licence. This should be applied for by emailing Licensing@leicester.gov.uk.
3. The Leicester Street Design Guide (First Edition) has now replaced the 6Cs Design Guide (v2017) for street design and new development in Leicester. It will apply to Highways Act S38/278 applications and technical approval for the Leicester City highway authority area. The guide can be found at: https://www.leicester.gov.uk/your-council/city-mayor-peter-soulsby/key-strategy-documents/
The document will be subject to a review after 12 months. During the review period we invite comment from users to assist us in further developing the guide.
4. The ventilation arrangements shall ensure that 4 air changes per hour, if necessary using mechanical ventilation, is available on demand in all habitable rooms with windows closed (to ensure thermal comfort).
5. To meet condition 24 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.
6. 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.
Supporting documents:
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