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Agenda item

Agenda item

20190377 32, 34 & 36 BARKBYTHORPE ROAD

Minutes:

Ward: Troon

Proposal: DEMOLITION OF EXISTING 3 DWELLINGS; CONSTRUCTION OF 18 DWELLINGS INCLUDING ASSOCIATED EXTERNAL WORKS (AMENDED PLANS. (S106 agreement)

Applicant: MRS P.P. WALKER

 

The Planning Officer presented the report and drew Members attention to the supplementary report which set out an amended recommendation in relation to a Section 106, amended conditions and notes, policy considerations and further considerations.

 

Members considered the report and supplementary 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, the amendments set out in the supplementary report and a Section 106 agreement in accordance with the officer recommendation. This was seconded by Councillor Dr Moore and, upon being put to the vote, the motion to approve was CARRIED.

 

RESOLVED:

that the application be APPROVED subject to the amendments set out in the supplementary report, a Section 106 agreement and 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.           Prior to the commencement of the development details of all the materials to be used for the development shall be submitted to and approved in writing with the City Council as local planning authority. The development shall be carried out in accordance with the approved materials. (In the interests of visual amenity, and in accordance with 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.           Prior to the commencement of any development a detailed landscaping scheme and ecological management plan (LEMP) 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 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) 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 LEMP scheme shall contain details on the after-care and maintenance of all soft landscaped areas and 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 and CS17. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

4.           Before any equipment, machinery or materials are brought on to the site for the purposes of the development, all existing trees, shrubs or hedges to be retained on the site shall be protected by fencing in accordance with British Standard BS 5837:2012. The location of the protective fencing shall not be within the root protection area of any retained trees. The fencing shall be maintained until all equipment, machinery and any surplus materials have been removed from the site. 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 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 CS03. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

5.           Prior to occupation of each dwelling, bird and bat boxes/bricks shall be installed to that dwelling in accordance with details that have previously been submitted to and approved in writing by the local planning authority.  The boxes/bricks shall be retained thereafter.  (In the interest of biodiversity and in accordance with Policy CS17 of the Core Strategy).

 

6.           Prior to the commencement of the development a further protected species survey shall be carried out at the site by a suitably qualified ecologist. The survey results and any revised mitigation shall be submitted to and approved in writing with the local planning authority and any identified mitigation measures carried out in accordance with the approved plan. Thereafter the survey shall be repeated biennially, and any mitigation measures reviewed by the 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 2010 and CS 17 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 occupation of each dwelling, hedgehog boxes and gaps or holes within fences to allow free movement of hedgehogs shall be installed to that respective plot in accordance with details that have previously been submitted to and approved in writing by the local planning authority.  The boxes and gaps or holes in fences shall be retained thereafter.  (In the interest of biodiversity and in accordance with Policy CS17 of the Core Strategy).

 

8.           Prior to the commencement of the development adequate provision shall be made by the developer for a full site survey to ascertain the ground conditions and potential danger from landfill gas. Appropriate measures shall be taken as a result to protect the development from hazards associated with landfill gas. Those details shall be submitted to and agreed in writing with the City Council as local planning authority and the approved measures shall be installed in accordance with these details and retained thereafter. (The site is within 250m of a landfill site known to have accepted wastes and it is considered that there is a perceptible risk of landfill gas adversely affecting it and 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.)

 

9.           No development shall be carried out until the site has been 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 in writing 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 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, crops, livestock, pets, woodland 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).

 

10.         Prior to the commencement of the development full details of the Sustainable Drainage System (SuDS) together with the implementation, long term maintenance and management of the system shall be submitted to and agreed in writing with the local planning authority. No property shall be occupied until the system has been implemented. It shall thereafter be managed and maintained in accordance with the approved details. Those details shall include: (i) full design details, (ii) 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 secure surface water runoff and to secure other related benefits in accordance with Core Strategy Policy CS02. 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 the development full design details of the proposed heating system shall be submitted to and approved in writing with the local planning authority. The approved scheme shall then be implemented and retained. (To ensure that the development reduces greenhouse gas emissions and contributes towards the mitigation of climate change and 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).

 

12.         Prior to the commencement of the development an acoustic survey shall be carried out to assess noise from nearby industrial units, noise from Barkbythorpe Road and other identified noise sources. The developer shall then (subject to the findings of the noise assessment) carry out an insulation scheme, including ventilation arrangements, in accordance with details which shall have first been approved in writing the local planning authority. The sound insulation scheme shall be designed to comply with the relevant World Health Organisation Guidelines Community Noise for noise sensitive development and BS8233:2014. (In the interest of residential amenity and in accordance with City of Leicester Local Plan policy PS10 and PS11 and Core Strategy Policy CS03.)

 

13.         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 in accordance with the Council's standards contained in the Street Design Guide. (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.)

 

14.         No part of the development shall be occupied until the 2 metre by 2 metre sight lines on each side of each vehicular access have 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 CS03.)

 

15.         All street works shall be constructed in accordance with the Council's standards contained in the Street Design Guide. (To achieve a satisfactory form of development, 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 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 first occupation of each unit, the occupiers of that dwelling shall be provided with a ‘Residents Travel Pack’ details of which shall be submitted to and approved in writing by the local planning authority in advance. The contents of the Travel Pack shall consist of: information promoting the use of sustainable personal journey planners, walking and cycle maps, bus maps, the latest bus timetables applicable to the proposed development, and bus fare discount information. (In the interest of promoting sustainable development, and in accordance with policy AM02 of the City of Leicester Local Plan and policy CS14 of the Core Strategy)

 

18.         (A)  No development shall take place until a programme of archaeological work including a Written Scheme of Investigation following the submission of an archaeological desk-based assessment has been submitted to and approved in writing by the City Council as local planning authority in respect of a supervised watching brief and excavation where required. 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 demolition or 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 development, this is a PRE-COMMENCEMENT condition).

 

19.         The dwellings and the 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 dwelling is adaptable enough to match lifetime's changing needs in accordance with Core Strategy policy CS06)

 

20.         Finished floor levels within the proposed development shall be set no lower than existing finished floor levels and flood proofing/resilience techniques shall be incorporated in accordance with 'Improving the Flood Performance of New Buildings' (Department of Communities and Local Government, 2007). (To minimise the risk of damage in times of flooding, and in accordance with policy CS02 of the Core Strategy).

 

21.         Prior to the commencement of the development above ground level an updated visibility splay drawing showing 54m visibility splays in both directions on Barkbythorpe Road shall be submitted to and agreed in writing with the local planning authority 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 CS03.)

 

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

             

              P001   site location

              P003d proposed site plan

              P004b visibility splays

              P005b speed table

              P006c landscape

              P101b type A1 & A2 plans

              P102c type A1 elevations

              P103c type A2 elevations

              P201a type B floor plans

              P202c type B elevations

              P301b type C plans

              P302c type C elevations

              P401b type S plans

              P402b type S elevations

              P501a type T plans

              P502c type T elevations

              P801b street elevations

              P901a plot 1 & 2 garage

              P902a single garage

             

              (For the avoidance of doubt)

             

             

 

              NOTES FOR APPLICANT

 

1.           The sound insulation scheme should consider incorporating mechanical ventilation to allow windows to remain closed irrespective of the external conditions if identified as being necessary by the agreed noise survey. Windows should not be permanently sealed closed but should be able to be kept closed, by choice, whilst allowing to enjoy an adequate source of amenity.

 

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. 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.

 

3.           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.

             

4.           To meet condition 19, 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.

Supporting documents: