Agenda item

20201190 - 58 Stoneygate Road

Ward: Knighton

Proposal: Change of use of school (Class D1) to 15 flats (Class C3) (1x 3bed, 13x 2bed, 1x1bed); part demolition of building; insertion of roof windows; associated works. (Amended plans and information received) (S106 Agreement)

Applicant: Mr Kieran Dayah

 

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

 

Lance Wiggins, the applicant’s agent, addressed the Committee and spoke in support of the application.

 

Kieran Dayah, the applicant, addressed the Committee and spoke in support of the application.

 

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

 

The Chair moved that in accordance with the Officer recommendation, the application be approved subject to the conditions set out in the report and the addendum and subject to the signing of a s106 Agreement to secure the agreed contribution to parks and gardens . This was seconded by Councillor Moore and, upon being put to the vote the motion to approve was CARRIED.

 

RESOLVED:

That the application be APPROVED subject to the s106 and to the conditions 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 part of the development shall be occupied until the footway crossing(s) has/have been altered in accordance with guidance in the Leicester Street Design Guide. (To achieve satisfactory means of access to the highway, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

 

3.           No part of the development shall be occupied until secure and covered cycle parking has been provided, in accordance with written details previously approved by the local planning authority. The cycle parking 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.)

 

4.           Within one month of the first occupation of any dwelling, the occupiers of each of the dwellings shall be provided with a 'New Residents Travel Pack'. The contents of this shall be submitted to and approved in writing in advance by the local planning authority and 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).

 

5.           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).

 

6.           Before the occupation of any part of the development, all parking areas shall be surfaced and marked out in accordance with details which shall first have been submitted to and approved in writing by the local planning authority, and shall be retained for parking and not used for any other purpose. (To ensure that parking 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.)

 

7.           Prior to the commencement of any development full joinery details including horizontal and vertical cross sections of all window (scale 1:5 / 1:10 as appropriate) and door (inc. fanlights where relevant) (scale 1:10 / 1:15 as appropriate) types shall be submitted to and approved in writing by the local planning authority  and the works shall be carried out in accordance with the approved details. (To preserve the special significance of the Grade II Listed Building 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.)

 

8.           Prior to the commencement of any development a detailed elevation drawing and a cross-section of the new window openings to west elevation and the new doors to south sectional elevation A-A (scale 1:5 / 1:10 as appropriate), showing all materials to be used, shall be submitted to and approved in writing by the local planning authority and the works shall be carried out in accordance with the approved details. (To preserve the special significance of the Grade II Listed Building 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.)

 

9.           The bricks and slates to be used for the external surfaces of the development shall be re-claimed from the partial demolition of the existing outbuildings and wall. If additional brickwork and slates are to be required, this should be made up of suitable reclaimed materials, a sample of which shall be submitted to and approved in writing by the local planning authority in advance of any development taking place and the works shall be carried out in accordance with the approved details. (To preserve the special significance of the Grade II Listed Building 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.)

 

10.         Prior to the commencement of any development, details of the design and material specifications for gates, railings, rainwater goods, paving and cycle/bin storage shall be submitted to and approved in writing by the local planning authority and the works shall be carried out in accordance with the approved details. (To preserve the special significance of the Grade II Listed Building 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.)

 

11.         Prior to the commencement of any development, details of all external vents/extracts/flues/downpipes to be installed onto the listed building shall be submitted to and approved in writing by the local planning authority and the works shall be carried out in accordance with the approved details. (To preserve the special significance of the Grade II Listed Building 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.)

 

12.         The development shall not commence until details of the type and location of x4 bat bricks/tiles/box and x4 bird bricks/boxes to be incorporated within the elevations of the proposed building have been submitted to and agreed in writing by the City Council as local planning authority. The locations should be determined by an ecologist who should also supervise their installation. The development shall be carried out in accordance with the approved  details and the use of the installations monitored for a period of two years and the results shall be submitted annually to the local planning authority with the agreed features retained thereafter (In the interest of biodiversity and in accordance with NPPF (2021), Policy CS17 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.)

 

13.         Should the development not commence within 24  months of the date of the last protected species survey (June 2020), 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 and any revised mitigation shall be submitted to and agreed in writing with the local planning authority and any identified mitigation measures carried out in accordance with the approved plan. Thereafter the survey should be repeated annually 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 2017 and Policy CS17 of the Core Strategy.)

 

14.         Prior to the commencement of development 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 local planning authority. The use shall not commence 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 agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

15.         Prior to the commencement of development details of drainage, shall be submitted to and approved in writing by the local planning authority. The use shall not commence 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).

 

16.         No construction or demolition 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 the methodology has been submitted to the City Council Noise and Pollution Control Team. The methodology must be submitted at least 10 working days before such work commences and agreed, in writing, by the City Council Noise and Pollution Control Team.

              The City Council Noise and Pollution Control 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.

              (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)

             

             

             

 

17.         Prior to the commencement of development, a landscaping scheme showing the treatment of all parts of the site, including details of trees and shrubs to be planted, shall be submitted to and approved in writing by the City Council as local planning authority. 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.)

 

18.         Prior to the commencement of development, details of two 14-16cm extra heavy standard Betulas to be planted on site, including a drawing indicating the location of the trees to be planted, shall be submitted to and approved by the local planning authority. The trees shall be planted 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 drawings.  (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).

 

19.         The development hereby permitted shall be carried out in accordance with the following plans:

             

              9212/9C and 9212/17C, received by the local planning authority on 10 June 2021,

              9212/3F and 9212/16D, received by the local planning authority on 6 July 2021, and

              9212/5D, 9212/6A, 9212/7F, 9212/8E, 9212/10D, 9212/11D and 9212/12D, received by the local planning authority on 2 August 2021.

             

              (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 (and/or 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.

             

 

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.

 

3.           With regards to the Travel Pack referred to above, the contents of the pack are intended to raise the awareness and promote sustainable travel, particularly for trips covering local amenities. The applicant can contact highwaysdc@leicester.gov.uk for advice.

 

4.           Development on the site shall avoid the bird nesting season (March to September), but if this is not possible, a re-check for nests should be made by an ecologist (or an appointed competent person) not more than 48 hours prior to the commencement of works and evidence provided to the LPA. If any nests or birds in the process of building a nest are found, these areas will be retained (left undisturbed) until the nest is no longer in use and all the young have fledged. An appropriate standoff zone will also be marked out to avoid disturbance to the nest whilst it is in use.

              All wild birds are protected under the Wildlife and Countryside Act (1981) as amended making it an offence to kill, injure or disturb a wild bird and during the nesting season to damage or destroy an active nest or eggs during that time.

             

 

5.           It is unlikely that any construction or demolition work will be agreed outside of the hours detailed above unless the City Council Noise and Pollution Control 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.

 

6.           You are advised that this planning permission cannot be implemented unless and until you have received the necessary corresponding Listed Building Consent.

 

7.           Japanese Knotweed is a controlled plant under Schedule 9 (s.14) of the Wildlife & Countryside Act (1981) as amended.  It is an offence to plant or otherwise cause the species to grow in the wild.  The plant is classed as controlled waste and any parts of the plant should be disposed of in accordance with the Environmental Protection Act (1990).