Agenda item

20192082 - 186 Welford Road

Ward: Castle

Proposal: Demolition of antiques warehouse (Sui Generis); construction of two blocks (1 x 3 storey & 1 x 4 storey) for student accommodation (Sui Generis) to provide 43 studio apartments; vehicular access (Amended plans) (S106 Agreement)

Applicant: UK Land Limited

 

The Planning Officer presented the report and drew Members attention to the supplementary report.

 

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

 

Ian Brown, Chair of Friends of Clarendon Park, addressed the Committee and spoke in objection to the application.

 

Peter Ireson addressed the Committee and spoke in objection of the application.

 

Councillor Patrick Kitterick addressed the Committee as the local Ward Councillor.

 

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

 

The Chair noted there were a number of concerns around the character of the building and the visual amenity and move the motion to APPROVE the application, this was not seconded.

 

The Committee then had further discussions on the Article 4 Direction of the Local Plan. It was suggested that this did not have any correlation with Article 4 and that the site was not in C3 use, this would be a new build block of purpose-built student flats.

 

It was noted that the Committee were assessing the information provided and the reasons were based on valid material planning considerations. Legal Officers in attendance suggested that a motion to reject the application would have to be legal and worded robustly, detailing the reasons for refusal. Legal Officers further advised that a deferral of the application, as suggested by the Committee, would need to be supported by proper planning reasons. 

 

Following further discussions, the Chair moved the motion to APPROVE with the Officer recommendations. 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 the 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 City Council as local planning authority, on demand at all reasonable times. (To enable the Local Planning Authority to consider the need for affordable and accessible housing and education provision to be provided, in accordance with policies CS06, CS07 and CS19 of the Core Strategy and policies PS10 & H07 of the City of Leicester Local Plan.)

 

3.           Prior to the commencement of 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, shall be submitted to and approved in writing, by the City Council as local planning authority. Prior to the occupation of any flat, 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. Prior to the occupation of any flat, 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. 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, pets, service lines and pipes, adjoining land, ground waters and surface waters, ecological systems; (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 approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

4.           Should the development, or any phase of the development, not commence within 24 months of the date of the last protected species survey (May 2021), then a further protected species survey shall be carried out of all buildings, trees and other features by a suitably qualified ecologist. The survey results shall be submitted to and approved in writing, by the City Council as local planning authority, and any identified mitigation measures carried out before any development of that phase is begun. Thereafter, the survey should be repeated annually until the development begins. (To comply with the Wildlife and Countryside Act 1981 (as amended by the CRoW Act 2000), the Habitat and Species Regulations 2010 and CS17 of the Core Strategy.) (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

5.           All works shall be carried out in accordance with the precautionary methods of working, as specified in section 6.1 (pages 23-24) of the Preliminary Ecological Appraisal (PEA) and Preliminary Roost Assessment (PRA) dated May 2021, submitted with this application. (To comply with the Wildlife and Countryside Act 1981 (as amended by the CRoW Act 2000), the Habitat and Species Regulations 2010 and policy CS17 of the Core Strategy.)

 

6.           Trees shall be protected during the demolition of the existing building, and removal of hard standing, and during the construction of the development, in accordance with the details submitted (AT2, Tree Survey, 10th of May 2018). (To maintain the character and appearance of the area in accordance with policy CS03 of the Core Strategy.)

 

7.           Prior to the commencement of development above ground level, 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) 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); (viii) details of the make and type of 5 x bird boxes/tiles/bricks and 3 invertebrate boxes to be installed under the guidance and supervision of a qualified ecologist. 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 the provision of wildlife habitats, and in accordance with policy UD06 of the City of Leicester Local Plan and Core Strategy policies CS03 & CS17.)

 

8.           Prior to the commencement of 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 in writing, by the City Council as 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. 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 approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

9.           Prior to the commencement of development (excluding the demolition of the existing buildings), details of foul drainage shall be submitted to and approved in writing, by the City Council as local planning authority. Prior to the occupation of any flat, the foul drainage shall be 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 approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

10.         Prior to the commencement of development above ground level: A) a full material schedule (with specification and manufacturer information) for all the proposed materials to be used for external parts of the building, B) largescale plans of the windows and reveals, C) and a 1sqm sample panel (showing the brickwork detailing, mortar and bond, capping and a section of the window and window reveal), shall be for A) & B) submitted to, and for C) constructed and then viewed and approved in writing, by the City Council as local planning authority. Development shall be carried out in accordance with the approved details and panel. (In the interests of visual amenity, to maintain the setting of heritage assets, and in accordance with policies CS03 & CS18 of the Core Strategy.)

 

11.         Prior to the commencement of development above ground level, details of the boundary treatments for the sides and rear of the site (to the east of the rear wall of Block A), shall be submitted to and approved in writing, by the City Council as local planning authority. Prior to the occupation of any flat, the boundary treatments shall be installed in accordance with the approved details and retained at all times. (To protect the amenity of the residents of neighbouring dwellings and in accordance with policy PS10 of the City of Leicester Local Plan 2006.)

 

12.         No construction, 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 and approved in writing, by the City Council Noise Team. The methodology shall be submitted at least 10 working days before such work commences and approved 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 the amenity of residents in accordance with policies PS10 & PS11 of the City of Leicester Local Plan 2006.)

 

13.         Prior to the commencement of development, a Construction Method Statement (CMS), with consideration being given to highway management and safety, the water environment and flood risk management, shall be submitted to and approved in writing by the City Council as local planning authority. The approved CMS shall be adhered to throughout the construction period. The CMS shall provide for: (i) the vehicle and pedestrian temporary access arrangements including 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 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 storage and management of waste resulting from excavation works, (viii) the proposed phasing of development and a detailed description of the works in each phase, (ix) the temporary access arrangement to the construction site, (x) procedures to ensure flood risk is managed on site during the period of works for personnel, plant and members of the public, (xi) the procedures to ensure flood risk is not increased anywhere outside of the site for the duration of the works, (xii) the procedures to ensure pollution and sedimentation is minimised to any adjacent watercourse and the procedure to be used in case of a pollution incident, (xiii) the measures that will be undertaken to ensure the structure of any  adjacent watercourse is not impacted by the proposed development. (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 CS2 & CS3.) (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

14.         At all times, demolition and construction practice shall comply with Appendix A of the Air Quality Assessment, October 2019, Ref: 17-3877, from Syntegra Consulting, submitted with this application. (To ensure air quality is acceptable and in accordance with policies PS10 & PS11 in the City of Leicester Local Plan.)

 

15.         Prior to the commencement of development above ground level, details of measures to ensure residents of the scheme are protected from unreasonable levels of noise and poor air quality, and to ensure that each flat has acceptable levels of ventilation, shall be submitted to and approved in writing, by the City Council as local planning authority. No flat shall be occupied until the measures have been implemented. The measures shall be retained thereafter. (To ensure they have an acceptable level of residential amenity and in accordance with policies PS10 & PS11 in the City of Leicester Local Plan.)

 

16.         Prior to the commencement of development (excluding the demolition of the existing buildings), design details of on-site installations to provide renewable energy and energy efficiency measures, shall be submitted to and approved in writing, by the City Council as local planning authority. Prior to the occupation of any flat, evidence demonstrating satisfactory operation of the approved scheme including on-site installation, shall be submitted to and approved in writing by the City Council as local planning authority. (In the interests of securing energy efficiency in accordance with Policy CS02 of the Core Strategy.) (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

17.         Prior to any occupation of the development, 2 metre by 2 metre sight lines on each side of the vehicular access shall be provided. 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.)

 

18.         All street works shall be constructed in accordance with the Council's standards contained in the "Leicester Street Design Guide (First Edition)" (view from 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 policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

19.         Prior to any occupation of the development, the following works shall be carried out in accordance with details first submitted to and approved in writing, by the City Council as local planning authority: (a) footway crossing at the vehicular access; (b) alterations to the footway crossing, including a dropped kerb to enable acceptable bin collection; (c) reinstatement of any redundant footway crossing and/or damaged or altered areas of footway or other highway. (To ensure a satisfactory means of access to the highway, to ensure bins can be collected in an acceptable manner, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

20.         Prior to any occupation of the development, details of a scheme of traffic management to discourage vehicles from turning right into the site (when approaching from the south) and turning right when exiting the site (so heading north), together with an implementation schedule, shall be submitted to and approved in writing by the City Council as local planning authority. The scheme of traffic management shall be implemented in accordance with the implementation schedule and retained thereafter. (In the interests of highway safety and in accordance with policy CS03 of the Core Strategy.)

 

21.         Prior to any occupation of the development, secure and covered cycle parking shall be provided, in accordance with details first submitted to and approved in writing by the City Council as local planning authority. It shall be retained thereafter. (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 and policy CS03 in the Core Strategy.)

 

22.         Prior to the start of each academic year (or period of tenancy), each student taking up residency in each of the flats shall be provided with a 'New Residents Travel Pack'. The contents of this shall first be submitted to and approved in writing, by the City Council as local planning authority. They 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 policy AM02 of the City of Leicester Local Plan and policy CS14 of the Core Strategy.)

 

23.         Prior to any occupation of the development, the parking and servicing area shall be laid out in accordance with the approved plans. It shall be retained thereafter for those purposes. (To ensure that parking and servicing can take place in a satisfactory manner and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

24.         A turning space, to enable vehicles always to enter and leave the site in a forward direction, shall be kept available within the site. (In the interests of highway safety and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

25.         Prior to any occupation of the development, the bin store shall be provided in accordance with the approved plans. It shall be retained thereafter for that purpose. (To ensure that refuse can be stored and collection take place in a satisfactory manner and in accordance with Core Strategy policy CS03.)

 

26.         Prior to any occupation of the development, a Management Plan shall be submitted to and approved in writing, by the City Council as local planning authority. The Management Plan shall set out procedures for the security of the development and its residents, dropping-off and collection at the beginning and end of terms, use and allocation of parking spaces and cycle storage, the safe use of the vehicle access, restriction of car ownership and use by residents, refuse collection arrangements, and dealing with any issues or complaints arising from occupiers of nearby properties. At all times the scheme shall be managed and operated in full accordance with the approved Management Plan. (To ensure the impact of the scheme on highway safety, the surrounding area and in the interests of the safety and security of its occupiers, is acceptable, and in accordance with policies CS03, CS06, CS14 & CS15 of the Core Strategy and policies AM12 & PS10 of the City of Leicester Local Plan.)

 

27.         Development shall be carried out in accordance with the following approved plans: Location Plan – A4 (912 P01) (received 1/11/2019), Site Plan – A1 (912 P02F) (received 12/3/2021), Block A – Plans – A1 (912 P03C) (received 24/2/2021), Block A Elevations – A1 (914 P04D) (received 4/3/2021), Block B – Plans – A1 (915 P05F) (received 12/3/2021), Block B – Elevations – A1 (912 P06G) (received 12/3/2021), Welford Road Streetscene – A1 (912 P07B) (received 1/3/2021), Site Sections – A1 (912 P08F) (received 6/9/2021), Topographical Sections – A2 (912 P09C) (received 2/6/2020), Landscape Plan – A1 (912 P13B) (received 12/3/2021), Typical 1:20 Elevation Details – A1 (912/16A) (11/8/2021).

 

              NOTES FOR APPLICANT

 

1.           Please note this permission is subject to a S106 legal agreement that secures a contribution of £26,588 towards landscape improvements and a fitness trail at Nelson Mandela Park.

 

2.           It is unlikely that any construction or demolition work will be agreed outside of the hours detailed above 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.

 

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 provides design guidance on a wide range of highway related matters including access, parking, cycle storage. It also applies 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/  As this is a new document it will be kept under review.  We therefore invite comments from users to assist us in the ongoing development of the guide.

 

4.           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

 

5.           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.

 

6.           Severn Trent Water advise that although their statutory sewer records do not show any public sewers within the area specified, there may be sewers that have been recently adopted under The Transfer Of Sewer Regulations 2011. Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent and you are advised to contact Severn Trent Water to discuss your proposals. Severn Trent will seek to assist in obtaining a solution which protects both the public sewer and the building.

 

7.           The implementation of the approved scheme could cause pollution to the water environment. The Environment Agency (EA) advise, that in order to prevent pollution, developers should follow best practice as follows: https://www.gov.uk/guidance/pollution-prevention-for-businesses, and, in particular, the ‘Construction, inspection and maintenance’ section. Please contact the EA to arrange a site meeting, to agree measures necessary, to prevent pollution of the water environment, during the implementation. The EA can carry out pollution prevention visits. Please contact EastMidWaterQuality@environment-agency.gov.uk for further information and advice.

 

8.           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 2021, is considered to be a positive outcome of these discussions.