Agenda item

Ward: Aylestone

Proposal: Construction of four dwellings (3x4 bed & 1x3bed) (Class C3); landscaping and alterations (amended plans)

Applicant: Juniper Developments Ltd

The Planning Officer presented the report and drew Members’ attention to the supplementary report, which set out amended conditions regarding the application.

Mr Palmer, on behalf of the applicant, addressed the Committee and spoke in support of the application.

Mr Fletcher addressed the committee and spoke in objection to the application.

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

The Chair moved that the application be approved subject to the conditions set out in the report and supplementary report. This was seconded by Councillor Dr Moore and, upon being put to the vote, the motion to approve was CARRIED.

RESOLVED:

that the motion 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.           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, AM02, UD06, PS10 and PS11 of the City of Leicester Local Plan and Core Strategy policies CS3 and CS15. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

3.           Prior to the commencement of development full details of the Sustainable Drainage Systems 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 property shall 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. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

4.           Prior to the commencement of development details of drainage shall be submitted to and approved in writing by the City Council as local planning authority. No property shall be occupied until the 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).

5.           Prior to commencement of development, detailed plans and particulars of a no dig system to be used for the construction of the proposed access road 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. (To minimise the risk of damage to trees and other vegetation 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).

6.           Before the development commences a detailed design plan of 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 City Council as local planning authority and the approved lighting implemented and retained thereafter. 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. (In the interests of safety and security of existing and future residents in accordance with saved policy PS10 of The City of Leicester Local Plan (2006). To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

7.           No construction 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 a methodology has been submitted to and approved in writing by the City Council as Local Planning Authority. Leicester City Council’s Local Planning Authority 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. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan).

8.           Prior to the commencement of development to proposed plot one house, detailed plans and particulars of pile foundations to be used along the rear and northern side elevation of the house and a no dig system to be used to install the slabs/patio to the rear of proposed plot one house shall be submitted to and approved in writing by the City Council as local planning authority and the development carried out in accordance with the approved details. (To secure the satisfactory development of the site and to protect neighbouring trees from future felling risk in accordance with saved policy UD06 of The City of Leicester Local Plan (2006) and Core Strategy (2014) policy CS03. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE COMMENCEMENT condition).

9.           Before any equipment, machinery or materials are brought on to the site for the purposes of the development, protective fencing and temporary ground protection in accordance with British Standard BS 5837:2012 and Section 6 and the Proposed Tree Protection Plan of the Tree Survey Report shall be implemented and maintained thereafter until all equipment, machinery and any surplus materials have been removed from the site with the exception of the removal of the temporary ground protection required to install the rear patio to proposed plot one house. Nothing shall be stored or placed in any area fenced in accordance with this condition and no alteration to the ground level shall be made without the prior written approval of the City Council as local planning authority unless this is clearly indicated on the approved plans. (To minimise the risk of damage to trees and other vegetation in the interests of amenity, and in accordance with policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS3.

10.         Prior to the commencement of any other development, the garage shall be demolished and the access road constructed in accordance with the accordance with the approved details and plans (To minimise the risk of damage to trees and other vegetation in the interests of amenity, and in accordance with policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS3.)

11.         The dwellings and their 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 dwellings 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 dwellings are adaptable enough to match lifetime's changing needs in accordance with Policies CS03 and CS06 of the Leicester Core Strategy (2014)).

12.         No part of the development shall be occupied until the following works have been 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.)

13.         Before the occupation of the development the outdoor parking spaces shown on the approved plans shall be provided and shall be retained for vehicle parking. (To secure adequate off-street parking provision, and in accordance with policy AM12 of the City of Leicester Local Plan and Core Strategy policy CS3.)

14.         No part of the development shall be occupied until 2 metre by 2 metre sight lines on the southern side of the site's proposed access road has been provided, and they shall be retained thereafter. (In the interests of the safety of pedestrians and other road users, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS3.)

15.         Within two metres west of the line where the proposed vehicle access road to the site meets the existing service road, the land shall remain open and unbuilt upon and there shall be no vegetation above 0.6m in height. (In the interests of highways safety in accordance with saved policies AM01 and AM02 of The City of Leicester Local Plan (2006)).

16.         Before occupation of the proposed house at plot 1, the new windows facing 41 Lutterworth 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 41 Lutterworth Road and in accordance with policy PS10 of the City of Leicester Local Plan).

17.         The proposed site boundary fencing shall be 2 metres in height from ground level. (In the interests of the privacy, amenity and security of neighbouring properties and in accordance with saved policy PS10 of The City of Leicester Local Plan (2006)).

18.         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.)

19.         Notwithstanding the provisions of Classes A, B, E and F, Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015, (or any subsequent re-enactment with or without modification), no enlargements, alterations or improvements or shall be undertaken without the prior permission of the City Council as local planning authority. (The City Council as local planning authority would wish to give special consideration to enlargements and alterations falling within those classes and their impact on residential amenity in accordance with policy PS10 of the City of Leicester Local Plan.)

20.         This consent shall relate solely to Section 6 (with the exception of the need for a further bat survey) and the specifications of page 22 of the submitted Preliminary Ecological Appraisal received by the City Council as local planning authority on 09/06/2020; the Landscape Softwork Specifications and Landscape Hardwork Specifications and amended plans ref no. 24:20-HBA-12 Rev B, 24:20-HBA-13 Rev A, 24:20-HBA-014 Rev B and KGA-003-05 received by the City Council as local planning authority on 30/09/2020; Section 3 of the Biodiversity Impact Assessment received by the City Council as local planning authority on 07/10/2020;  Section 5 and Appendix 1 of the Follow-up Bat Emergence and Activity Survey and the Brick Specification received by the city council as local planning authority on 28/01/2021; the amended plan ref no. KGA-003-02-Rev D received by the City Council as local planning authority on 01/02/2021; the amended Landscape and Ecological Management Plan received by the City Council as local planning authority on 24/02/2021; the Site Management, Waste Management and Collection Schedule received by the City Council as local planning authority on 08/04/2021; Section 6 and the Proposed Tree Protection Plan (Appendix 3B) of the amended Tree Survey Report received by the City Council as local planning authority on 16/04/2021; and the amended plans ref no. 24:20-HBA-011 Rev K, 24:20-HBA-101 Rev A, 24:20-HBA-102 Rev A and 24:20-HBA-103 Rev A received by the City Council as local planning authority on 19/05/2021 (For the avoidance of doubt.)