Agenda item

20190864 23 DE MONTFORT STREET

Minutes:

Ward: Castle

Proposal: CHANGE OF USE FROM OFFICES ON THE GROUND FLOOR (CLASS B1) AND FLATS ON FIRST AND SECOND FLOOR (CLASS C3) TO STUDENT STUDIO FLATS WITH COMMUNAL SPACES (11X STUDIO) (SUI GENERIS); SINGLE STOREY SIDE EXTENSION; DORMER AT REAR. (AMENDED)

Applicant: MR CHAUDHURI

 

The Planning Officer presented the report.

 

Mr Chowdhuri, a joint owner of the property, 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 the application be approved subject to the conditions set out in the report, in accordance with the officer recommendation. This was seconded by Councillor Gee and, upon being put to the vote, the motion to approve was CARRIED.

 

RESOLVED:

that the application 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.           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 Local Planning Authority on demand at all reasonable times. (To enable the Local Planning Authority to consider the need for affordable housing in accordance with Core Strategy Policy CS07 and residential amenity standards in accordance with policy H07 of the City of Leicester local plan.)

 

3.           Prior to the commencement of development details of the implementation, long term maintenance and management of the Sustainable Drainage System (SuDS) as approved shall be submitted to and approved in writing by the local planning authority. No flat shall be occupied until the system has been completed and is operational. It shall thereafter be managed and maintained in accordance with the approved details. Those details shall include:

              (i) a timetable for its implementation, and

              (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 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 local planning authority. No flat 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 the commencement of development, and notwithstanding the approved plans, details of the following design and materials 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 approved details.

              (i) Details of any windows to be replaced or repaired, including section drawings at 1:10 of existing and proposed windows and frames including cills and lintels, showing matching timber operable sash units which exactly match the original windows

              (ii) Details of all new windows including section drawings at 1:10, the windows shall match the existing windows and be fully operable sashes to the front with integrated glazing bars

              (iii) Rooflights, which shall be conservation quality and single-pane

              (iv) Materials for the single storey extension, including a one metre square sample panel of the cream brickwork showing brick type, mortar and pointing to match the existing exactly, and a sample of the roofing slate.

              (In the interests of visual amenity, and the character of the Conservation Area, in accordance with Core Strategy policies CS03 and CS18. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

 

6.           Development shall be carried out in accordance with the recommendations contained within Section 7 of the Bat Presence and Absence Surveys Report reference BG19.149.1 July 2019, including the requirement for an integrated bat box to be provided.  The development shall not be occupied until the bat box has been installed.  (In the interests of biodiversity and in accordance with Core Strategy policy CS17.)

 

7.           Prior to the approved flats being occupied, two Swift boxes shall be installed in accordance with the specifications contained within the Preliminary Roost Assessment report BG19.149 March 2019.  (In the interests of biodiversity and in accordance with Core Strategy policy CS17.)

 

8.           The development shall be heated and lit, and hot water provided, in accordance with the recommendations contained within the Sustainable Energy Report 7799 dated 15/3/2019.  (In the interests of energy efficiency and in accordance with Core Strategy policy CS02.)

 

9.           No part of the development shall be occupied until secure and covered cycle parking for six cycles has been provided in accordance with written details that have previously been submitted to and approved in writing by the City Council as local planning authority.  The cycle parking shall be retained thereafter for use in connection with occupation of the approved flats.  (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).

 

10.         Prior to occupation of the flats four car parking spaces shall be provided as shown on the approved plans.  The car parking spaces shall be retained thereafter for use in connection with the occupation of the approved flats.  (To secure adequate off-street parking provision, and in accordance with policy AM12 of the City of Leicester Local Plan.)

 

11.         Before the development authorised by this permission is occupied a landscaping scheme shall be implemented in accordance with details that have previously been submitted to and approved by the City Council as local planning authority. The details shall include:

              (i) the position and spread of all existing planting to be retained or removed;

              (ii) new 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 including sections through the rain gardens;

              (vii) the position and depth of service and/or drainage runs (which may affect the scheme).

              The approved landscaping scheme shall be carried out prior to occupation for hard landscaping and the rain gardens, and within one year of completion of the development for other soft landscaping. 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 outside the rain gardens. 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.  The rain gardens shall be maintained with approved or replacement planting in perpetuity. (In the interests of amenity and sustainable drainage, and in accordance with policy UD06 of the City of Leicester Local Plan and Core Strategy policies CS02 and CS03.)

 

12.         No part of the development shall be occupied until a Parking Management Plan has been submitted to and approved in writing by the City Council as local planning authority. The Plan shall include the proposed parking arrangements for the site including the drop off and pick ups at the start and end of terms, and shall promote sustainable modes of transport such as walking, cycling, car share and public transport (including providing a personal journey planner, information for bus routes, bus discounts available, cycling routes, cycle discounts available and retailers, health benefits of walking, car sharing information, information on sustainable journey plans, notice boards) over choosing to drive to and from the site as single occupancy vehicle users, so that all users have awareness of sustainable travel options.  The plan shall be maintained and operated thereafter. (To promote sustainable transport and in accordance with policies AM01, AM02, AM11 and AM12 of the City of Leicester Local Plan and policies CS14 and CS15 of the Core Strategy).

 

13.         The occupiers of each of the flats shall be provided, at the time when they move into the development, with a 'New Residents Travel Pack'. The contents of this shall have previously been submitted to and approved in writing by the City Council as local planning authority and shall include walking, cycling and bus maps, latest relevant bus timetable information and bus travel and cycle discount vouchers. The Pack shall be available in an electronic format.  (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).

 

14.         No demolition or construction work shall be undertaken outside the hours of 0730 to 1800 Monday to Friday and 0730 to 1300 Saturday, or at any time on Sundays or bank or public holidays.  (In the interests of the amenity of the area and nearby residents and in accordance with policy PS10 of the City of Leicester local plan.)

 

15.         No part of the development shall be occupied until refuse bin storage has been provided in accordance with the approved plans.  The refuse bin storage shall be retained thereafter for use in connection with occupation of the approved flats.  (In the interests of the satisfactory development of the site and in accordance with policy H07 of the City of Leicester Local Plan).

 

16.         The development hereby permitted shall at all times be managed and operated in full accordance with a Management Plan, the details of which shall be submitted to and approved in writing by the local planning authority before the first occupation of any of the flats.  The management plan shall set out procedures for:

              (i) how the arrival and departure of students at the start and end of terms will be managed;

              (ii) how servicing and deliveries will be managed;

              (iii) the security of the development and its occupiers;

              (iv) dealing with refuse bins and maintaining the external areas of the site; and

              (v) dealing with any issues or complaints arising from the occupiers of nearby properties. 

              (To ensure the development is properly managed so as to minimise its effect on the surrounding area and in the interests of the safety and security of its occupiers in accordance with the aim of Core Strategy Policies CS03, CS06 and CS15 and saved Local Plan Policy PS10 of the City of Leicester Local Plan)

 

17.         This consent shall relate solely to the following submitted plans received by the City Council as local planning authority.

              Planning application information (Proposed plans and elevations) DSA-18127-PL-PRO-01 revision J received 24/09/2019

              SuDS Strategy 1906-500 A received 7/07/2019.

              (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 2019 is considered to be a positive outcome of these discussions.

 

2.           The applicant is advised that this proposal has been assessed on the basis that the occupiers will be students.  Should any change of use to non-student accommodation ever be applied for, then it might be necessary to combine multiple units to form larger self contained flats in order to meet residential amenity requirements.

Supporting documents: