Agenda item

Ward: Castle

Proposal: Demolition of existing buildings. Construction of six storey building comprising of 4 cluster flats (48 student bedrooms) and 13 x 1 bed student studio flats (Sui Generis), communal area and amenity area. (Amended form and plans) (subject to a unilateral undertaking under s106)

Applicant: Mr Kane Tang

 

The Planning Officer presented the report.

 

Councillor Kitterick then addressed the Committee as a Ward Councillor and spoke in objection to the application.

 

Members considered the report and officers responded to the comments and queries raised, including a reoccurring concern from several Members in relation to National Space Standards that did not currently exist in the local plan. The general view amongst Members was that the local plan policy needed to be updated and the guidance strengthened, in order to provide more clarity on aspects like minimum space requirements in the future.

 

The Chair moved that the application be approved subject to the conditions set out in the report and a Section 106 agreement in accordance with the officer recommendation.  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 a Section 106 agreement and 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.           The flats shall only be occupied by students enrolled on full-time courses at further and higher education establishments or students working at a medical or educational institution, as part of their medical or education course. The owner, landlord or authority in control of the development shall keep an up to date register of the name of each person in occupation of the development together with course(s) attended, and shall make the register available for inspection by the Local Planning Authority on demand at all reasonable times. (To enable the Local Planning Authority to consider the need for affordable housing and education provision and to assess floor space standards and the suitability of the accommodation for general residential purposes in accordance with policies CS06, CS07 & CS19 of the Core Strategy and policies PS10 & H07 of the City of Leicester Local Plan.)

 

3.           A. Prior to the commencement of the development (excluding the demolition of the existing buildings) the applicant shall have secured the implementation of an appropriate programme of archaeological work 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 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 (with contingency for further excavation if required);

              (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 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 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 scheme, this is a PRE-COMMENCEMENT condition).

 

4.           Prior to the commencement of the development above ground level, samples of the materials to be used on all external elevations and roofs, and the construction on site for inspection of sample panels (size, number and detail to be agreed) showing (but not necessarily limited to) brick, bonding & mortar, window frames, reveals, ventilation panels/louvres and cladding shall be provided and approved in writing by the City Council as local planning authority. No works shall be carried out other than in accordance with approved details. (In the interests of visual amenity and to preserve the special character of the area and in accordance policies CS03 and CS18 of the Core Strategy.)

 

5.           Prior to the occupation of the development the details as shown on plan no. 8584-CPM-01-XX-DR-A-7003 P05 for 4 x bat boxes and 6 x swift boxes (set in clusters of 3) shall be incorporated within the elevations, the locations should be determined by an ecologist who should also supervise their installation. The development shall be carried out in accordance with the agreed details and their use monitored for a period of two years and results submitted annually to that authority with the agreed features retained thereafter (In the interest of biodiversity and in accordance with Policy CS17 Biodiversity of the Core Strategy.)

 

6.           Prior to the commencement of the development above ground level, full specification details of the proposed brown roof including construction, planting details and maintenance strategy shall be submitted to and approved in writing by the City Council as local planning authority. The brown roof shall be provided and maintained thereafter in accordance with those details (To ensure sustainable construction and adaptation and mitigation of climate change in accordance with Core Strategy policies CS02 and CS17. 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 the development above, a detailed landscaping scheme and ecological management plan (LEMP) 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) new shrub planting, including plant type, size, quantities and locations which should be native species and plant species attractive to pollinating insects; and (ii) other surface treatments. 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 CS03.) To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.

 

8.           Prior to the commencement of the development above ground level a detailed design plan of the external 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, shall be submitted and approved in writing by the 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 areas where considered necessary. The approved scheme shall be implemented and retained thereafter.  No additional lighting should be installed without prior agreement from the Local Planning Authority (In the interests of protecting wildlife habitats and in accordance with policy BE22 and policy CS17 Biodiversity of the Core Strategy.)

 

9.           Prior to the commencement of the development (excluding the demolition of the existing buildings) 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 by the local planning authority. No flat shall be occupied until the system has been implemented. It shall thereafter be managed and maintained in accordance with the approved details and shall be retained as such. 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. 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 the development (excluding the demolition of the existing buildings) details of drainage, shall be submitted to and approved by the local planning authority. No flat shall be occupied until the drainage has been installed in accordance with the approved details and shall be retained as such. 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)

 

11.         The approved Travel Plan shall be maintained and operated on first occupation and thereafter with any future changes to the approved plan being submitted to and approved in writing by the City Council as local planning authority. (To promote sustainable transport and in accordance with policies AM01, AM02, and AM12 of the City of Leicester Local Plan and Core Strategy policies CS14 and CS15).

 

12.         Prior to the start of each academic year each student taking up residency in each of the flats shall be provided with the agreed 'New Residents Travel Pack'. (In the interest of sustainable development and in accordance with policy AM02 of the City of Leicester Local Plan and Core Strategy policy CS14).

 

13.         No part of the development shall be occupied until details of the proposed 27 cycle parking spaces which shall be lit have been submitted to and approved in writing by the City Council as local planning authority. The approved spaces shall be provided in accordance with the approved details before occupation and retained as such thereafter. (In the interests of the satisfactory development of the site and in accordance with policies AM02 and CS02 of the City of Leicester Local Plan).

 

14.         No part of the development shall be occupied until the bin store has been provided in accordance with the details approved.  This provision shall thereafter be retained. (In the interests of the satisfactory development of the site and in accordance with policies H07 of the City of Leicester Local Plan).

 

15.         No part of the development shall be occupied until any redundant footway crossings and/or damaged or altered areas of footway or other highway have been reinstated. (For the safety and convenience of pedestrians and other road users, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

16.         No development shall take place, including any works of demolition, until a Construction Method Statement has been 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 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).

 

17.         Prior to the commencement of the development (excluding the demolition of the existing buildings) full design details of on-site installations to provide energy efficiency measures, including a combined heat and power system supplying the hot water for the development, shall be submitted to and approved in writing by the City Council as local planning authority. 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. These details shall be retained as such. (In the interests of securing energy efficiency 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-COMMENCMENT condition)

             

             

 

18.         Prior to the commencement of the development (excluding the demolition of the existing buildings) the site shall be investigated for the presence of land contamination, and a Site Investigation Report incorporating a risk assessment and, if required, scheme of remedial works to render the site suitable and safe for the development, has been submitted to and approved by the City Council as local planning authority. The approved remediation scheme shall be implemented and a completion report shall be submitted to and approved in writing by the City Council as local planning authority before any part of the development is occupied. 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 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. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

19.         The development hereby permitted shall at all times be managed and operated in full accordance with a Management Plan, the details of which shall be submitted to and approved in writing by the local planning authority before the first occupation of any of the flats.  The management plan shall set out procedures for:

              (i) how the arrival and departure of students at the start and end of terms will be managed;

              (ii) how servicing and deliveries will be managed;

              (iii) the security of the development and its occupiers;

              (iv) dealing with refuse bins and maintaining the external areas of the site; and

              (v) dealing with any issues or complaints arising from the occupiers of nearby properties. 

              The premises shall be managed in accordance with the approved management plan thereafter.

              (To ensure the development is properly managed so as to minimise its effect on the surrounding area and in the interests of the safety and security of its occupiers in accordance with the aim of Core Strategy Policies CS03, CS06 and CS15 and saved Local Plan Policy PS10 of the City of Leicester Local Plan)

 

20.         This consent shall relate solely to the following plans:

             

              Ground floor: 8584-CPM-01-00-DR-A-2001 P09

              First floor: 8584-CPM-01-01-DR-A-2002 P08

              Second floor: 8584-CPM-01-02-DR-A-2003 P08

              Third floor: 8584-CPM-01-03-DR-A-2004 P08

              Fourth floor: 8584-CPM-01-04-DR-A-2005 P08

              Fifth floor: 8584-CPM-01-05-DR-A-2006 P08

              Roof plan: 8584-CPM-01-ZZ-DR-A-2400 P02

              Elevations: 8584-CPM-01-ZZ-DR-A-2010 P06

              Landscape: 8584-CPM-01-XX-DR-A-7003 P05

              Biodiversity plan: 8584-CPM01-ZZ-DR-A-4001 P01

              Sections: 8584-CPM-01-ZZ-DR-A-2020 P02

              Strip sections 1: 8584-CPM-01-ZZ-DR-A-2550 P03

              Strip sections 2: 8584-CPM-01-ZZ-DR-A-2551

             

              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.           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.

 

3.           If any existing building to be demolished abuts the highway boundary, any barriers, scaffolding, hoarding, footway closure etc. required for the demolition works to be undertaken will require a licence. This should be applied for by emailing Licensing@leicester.gov.uk.

 

4.           With regards to the Travel Pack the contents of the pack are intended to raise the awareness and promote sustainable travel, in particularly for trips

              covering local amenities. The applicant should contact highwaysdc@leicester.gov.uk for advice.