Agenda item

20182726 - 188 Welford Road

Ward: Castle

Proposal: Demolition of existing building; construction of three storey building to provide student accommodation (18 x studio flats) (Sui Generis) (Amended plans 24/6/2020 & 26/6/2020) (S106 Agreement)

Applicant: WELFORD DEVELOPMENTS LTD

 

The Planning Officer presented the report.

 

Ian Brown addressed the Committee and also spoke in behalf of Stefan Dziewanowski in objection to the application.

 

Councillor Patrick Kitterick addressed the Committee and spoke in objection to the application.

 

Members of the Committee considered the report and Officers responded to any 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. This was seconded by Councillor Joel and upon being put to the vote the motion was CARRIED.

 

Councillor Joel left the meeting at 7:04pm

 

RESOLVED:

That the Application be APPROVED subject 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.           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 2006.)

 

 

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 2006.) (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

4.           Prior to the commencement of development (excluding the demolition of the existing buildings), 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) measures to stop vehicle parking outside of the designated spaces & (ix) details of the make and type of 4 x Swift bricks and 2 x bat bricks 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 2006 and Core Strategy policies CS03 & CS17.) (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

5.           Prior to any occupation of the development, a green and/or brown roof shall be installed on the flat roof of the building, in accordance with details first submitted to and approved in writing, by the City Council as local planning authority. The green and/or brown roof 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 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.)

 

7.           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.)

 

8.           Prior to the commencement of development (excluding the demolition of the existing buildings):

              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)        and a 1sqm sample brick and cladding panel (showing the brickwork, mortar and bond, capping and a section of the window and window reveal),

              C)        and a second smaller sample brick panel (showing the brickwork detailing, mortar and bond),

              shall be A) submitted to, and B) & C) constructed, viewed and approved in writing, by the City Council as local planning authority. Development shall be carried out in accordance with the approved 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.) (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 rainwater goods (which should ideally be located to the rear) shall be submitted to and approved in writing, by the City Council as local planning authority. Prior to any occupation of the development, the rainwater goods shall be installed in accordance with the details approved. They shall be retained as such thereafter. (In the interests of visual amenity, to maintain the setting of heritage assets, and in accordance with policies CS03 & CS18 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.         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.)

 

11.         Prior to the commencement of development (including demolition), 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 2006 and Core Strategy policy CS02 & CS03.) (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

12.         Prior to the commencement of development (including demolition), details of measures to minimise air pollution during demolition and construction shall be submitted to and approved in writing, by the City Council as local planning authority. Development shall be carried out in accordance with the details approved. (To ensure air quality is acceptable and in accordance with policies PS10 & PS11 in the City of Leicester Local Plan 2006.) (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

 

13.         Prior to the commencement of development (excluding the demolition of the existing buildings), details of measures to ensure residents of the scheme are protected from unreasonable levels of noise and poor air quality, and that the flats have acceptable levels of ventilation, shall be submitted to and approved in writing, by the City Council as local planning authority. Prior to any occupation of the development, the measures shall be implemented. The measures shall thereafter be retained. (To ensure an acceptable level of residential amenity and in accordance with policies PS10 & PS11 in the City of Leicester Local Plan 2006.) (To ensure that the details are approved in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

14.         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.)

 

15.         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 2006 and Core Strategy policy CS03.)

 

16.         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 2006 and Core Strategy policy CS03.)

 

17.         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 2006 and Core Strategy policy CS03.)

 

18.         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 2006 and policy CS03 in the Core Strategy.)

 

19.         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 2006 and policy CS14 of the Core Strategy.)

 

20.         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 2006 and Core Strategy policy CS03.)

 

21.         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 that collection can take place in a satisfactory manner and in accordance with Core Strategy policy CS03.)

 

22.         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 2006.)

 

23.         Prior to any occupation of the development, the south facing windows to Flats 11 & 18 shall be fitted with obscure glazing and be non-opening. They shall remain so thereafter. (To protect the privacy of the residents of Flats 3, 4, 9, 10, 16 & 17 and 186 Howard Road in accordance with policy PS10 of the City of Leicester Local Plan 2006.)

 

24.         Prior to any occupation of the development, a lighting scheme (to avoid the spillage of light to the neighbouring property of 186 Howard Road, to the student accommodation, and to minimise the impact on wildlife), shall be implemented in accordance with details first submitted to and approved in writing, by the City Council as local planning authority. No lighting shall be installed at any time, that is contrary to the approved lighting scheme. (To protect the amenity of the residents of 186 Howard Road in accordance with policies PS10 & PS11 of the City of Leicester Local Plan 2006 and policy CS17 of the Core Strategy.)

 

25.         Development shall be carried out in accordance with the following approved plans: P03 – Proposed Ground Floor (Rev h – 03.06.2020) (received 04.06.2021), P04 – First Floor Plan (Rev b– 25.06.2020) (received 30.06.2020), P05 – First Floor Plan (Rev b – 25.06.2020) (received 30.06.2020), P07 – Proposed elevations (Rev k – 03.06.2021) (received 04.06.2021), P08 – Proposed Elevations (Rev j – 03.06.2021) (received 04.06.2021), P11 - Visibility Splays (Rev c – 23.06.2020) (received 25.06.2020), P12 – Proposed Sections (Rev d – 03.06.2021) (received 04.06.2021), P13 – Section through 186 (Rev a – 03.06.2021) (received 04.06.2021), P14 – Existing/Proposed 186 (received 26.01.2021). (For the avoidance of doubt).

 

              NOTES FOR APPLICANT

 

1.           This permission is subject to an S106 Agreement that secures £11,130 towards landscape improvements to the seating area at Clarendon Park Road play area, and to provide an outdoor table tennis table at Aylestone Leisure Centre.

 

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.           With regards to Condition 15 (noise insulation & ventilation):

              (i).            The insulation scheme shall ensure that the indoor ambient noise levels fall within the guideline values as specified in British Standard BS 8233:2014 "Sound insulation and noise reduction for buildings".

              (ii).            The scheme shall ensure that the LAmax does not exceed 45dB(A) on more than 15 occasions during any night time period.

              (iii).            The ventilation arrangements shall ensure that 4 air changes per hour, if necessary using mechanical ventilation, is available on demand in all habitable rooms with windows closed (to prevent overheating). The required rate of ventilation may be reduced if the applicant submits details of mitigation for overheating that follows recognised guidance.

 

4.           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.

 

5.           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

 

6.           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.

 

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 of the scheme. 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. 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.