recommendation: conditional approval 2-2a upperton road ... - 2-2a u… · the surface water...

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Recommendation: Conditional approval 20121701 2-2A UPPERTON ROAD AND ADJACENT LAND AND BUILDINGS, FORMER CPH THURMASTON Proposal: CHANGE OF USE OF FORMER RAILWAY BUILDING FROM INDUSTRIAL (CLASS B2) TO MIXED USE (CLASS A1, A2, A3, A4, A5, D1 OR D2); ALTERATIONS TO BUILDING AND ADDITION OF MEZZANINE FLOOR; CHANGE OF USE OF GROUND FLOOR OF STUDENT BLOCK FROM STUDENT ACCOMMODATION TO RETAIL (CLASS A1); EXTERNAL ALTERATIONS; AMENDMENT TO PHASES C & D OF STUDENT ACCOMMODATION APPROVED UNDER PLANNING PERMISSION 20101644; HIGHWAY WORKS (AMENDED) (S278 AGREEMENT) Applicant: JAMIE LEWIS RESIDENTIAL LETTINGS LTD App type: Change of use Status: Smallscale Major Development Expiry Date: 21 February 2013 AP WARD: Westcotes 4 2 4 6 0 29b 3 3 2 9a El Sub Sta Warehouse 1 71 Works Ware house 161 4 1 86 1 2 188 Wa re house 11 1 61 5 4 Landi ng Works Boat House S ta ge FB Tank T heWa te r sh e d Yo u th Ce n tr e Statue 2 1 6 20 4 24 0 2 30 2 20 to 2 6 2 2 64 1 90 19 4 1 96 5 9 57 5 9 6 1 6 1 64 5 2 2a Albion Court 41 69 2 00 1 95 2 07 224 69 2 17 212 1 83 1 97 2 60 2 48 Wo r ks 87 2 41 2 31 2 36 2 4 6 6 52 96 1 3 34 54 55 83 58 68 73 85 48 96 1 0 9 43 95 84 7 0 68 40 4 9 13 6 0 7 2 74 14 2 3 42 3 86 1 06 12 6 3 10 15 5 5 51 37 35 ©Crown Copyright Reserved. Leicester City Council Licence 100019264(2013). Ordnance Survey mapping does not imply any ownership boundaries and does not always denote the exact ground features.

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Page 1: Recommendation: Conditional approval 2-2A UPPERTON ROAD ... - 2-2A U… · The surface water drainage strategy put forward by the applicant did not provide water quality benefits

Recommendation: Conditional approval

20121701 2-2A UPPERTON ROAD AND ADJACENT LAND AND

BUILDINGS, FORMER CPH THURMASTON

Proposal:

CHANGE OF USE OF FORMER RAILWAY BUILDING FROM

INDUSTRIAL (CLASS B2) TO MIXED USE (CLASS A1, A2, A3,

A4, A5, D1 OR D2); ALTERATIONS TO BUILDING AND

ADDITION OF MEZZANINE FLOOR; CHANGE OF USE OF

GROUND FLOOR OF STUDENT BLOCK FROM STUDENT

ACCOMMODATION TO RETAIL (CLASS A1); EXTERNAL

ALTERATIONS; AMENDMENT TO PHASES C & D OF

STUDENT ACCOMMODATION APPROVED UNDER PLANNING

PERMISSION 20101644; HIGHWAY WORKS (AMENDED) (S278

AGREEMENT)

Applicant: JAMIE LEWIS RESIDENTIAL LETTINGS LTD

App type: Change of use

Status: Smallscale Major Development

Expiry Date: 21 February 2013

AP WARD: Westcotes

42

46

40

29b

33

29a

El Sub StaWarehouse

171

Works

Ware house

161

4

186

12

188

Ware house

111

6154

Landing

Works

Boa t House

Stage

FB

Tank

The Watershed Youth Centre

Sta tue

216

204

240

230

220

to

262

264

190

194

196

59

57

59

61

61

64

52

2a

Alb ion Court

4169

200

195

207

224

69

217

212

183

197

260

248

Works

87

241

231

236

24

66

52

96

13

34

54

55

83

58

68

73

85

48

96

109

243

95

84

70

68

40

49

13

60

72

7414

23

42

3

86

106

12

63

10

38

15

55

51

3735

©Crown Copyright Reserved. Leicester City Council Licence 100019264(2013). Ordnance

Survey mapping does not imply any ownership boundaries and does not always denote the

exact ground features.

Page 2: Recommendation: Conditional approval 2-2A UPPERTON ROAD ... - 2-2A U… · The surface water drainage strategy put forward by the applicant did not provide water quality benefits

Summary

• The application was deferred at Planning Committee on the 13th March to allow the applicant further time to submit amended plans and an acceptable on-site renewable energy solution.

• Site defined as part green space (fronting Upperton Road) and part allocated housing development.

• The main issues are impact on the former CPH Thurmaston building (a Building of Local Interest), highway impact including effects on pedestrians and cyclists, impact on nearby retail centres, on-site renewable energy provision, flooding/SUDS and effects on the amenities of nearby residents.

• 12 individual objections and 3 petitions with 287 signatures objecting on grounds of loss of trade to Narborough and Hinckley Road, further retail not needed in the area, loss of residential amenity, dimensions on plans in correct, drive through an unsuitable use, noise and fumes from drive through, unsuitable hours of opening, loss of privacy and light to neighbouring residential properties, anti-social behaviour, littering, additional pressure/traffic volume on Upperton Road, effect on wildlife, potential for alternative use as medical centre and potential negative effects on area.

• Recommended for approval.

Introduction

The application site is 1.35 hectares and is south of Upperton Road. It includes the

site of the student accommodation development approved in 2010, which is partly

built, and the former CPH Thurmaston building and land. The site runs north to south

with Upperton Road to the north, the Great Central Way to the west and the Barratt’s

Freemen’s Wharf residential development to the east. The site narrows to the south.

Background

20101644 – Approval given February 2011 for four, five, six and seven storey

student accommodation (479 beds) (no use class); ancillary office and facilities,

parking, amenity space and landscaping. Blocks A and B of this development have

been partially built excluding the ground and first floors of Block B.

An Article 4 Direction on the former CPH Thurmaston Building was approved by your

committee on the 20th September 2011. This gives the Building of Local Interest

protection from demolition or alterations. The Article 4 directions were confirmed on

the 6th January 2012.

20130012 – Application was refused in February 2013 for the demolition of the

former CPH Thurmaston building.

20130419 – Separate application from different applicant received for change of use

of the former CPH Thurmaston building from industrial to mixed use including a

health centre. Application not validated at time of drafting this report.

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The Proposal

Following lengthy discussions the applicant has amended the original submission

and proposes to change the use of the former railway building to possible uses such

as retail, offices, food and drink uses, doctors or dentists surgery or assembly and

leisure uses including ancillary space for the student accommodation.

The most significant change is the removal of the drive through and the consequent

retention of the former CPH Thurmaston building in substantially its current form.

Access to the rear of the former CPH Thurmaston building will now be pedestrian

only alongside the building with the rest of the area being landscaped.

Alterations are proposed to the building that include the demolition of extensions to

the side and rear. The applicant proposes to install a mezzanine floor to provide

additional floorspace. The existing windows to the north-west and south-east

elevations would be extended down to almost double the length of the existing

windows. The existing windows to the forge would be replaced with new larger

windows to provide a more open appearance on all elevations and the existing roller

shutter and doors to the south west elevation would be replaced by four new glazed

sections and doors.

Also proposed is the change of use of the ground and first floors and an extension to

the east side of the existing student block to provide 1400 square metres of A1 retail

floorspace. There would be external alterations to the elevations to provide the

shopfront.

Blocks C and D of the previously approved student accommodation scheme are to

be repositioned slightly further away from the Great Central Way and widened to

allow for the provision of the student rooms that would have been provided in Blocks

A and B. The number of overall student rooms (479) would be the same as

previously approved. The parapets to the roofs of Blocks C and D have been

removed to accommodate photo voltaic panels.

A car park of 118 spaces is proposed to serve the commercial uses on site.

A right hand lane is proposed at the junction with Upperton Road

The application is accompanied by the following supporting documents:

• Design and Access Statement

• Ecology Report

• Transport Assessment

• Flood Risk Assessment

• Heritage Significance Assessment

• Energy Statement

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• Ground conditions Report

• Retail Assessment

• Structural Appraisal

Policy Considerations

Development plan policies relevant to this application are listed at the end of this

report.

Local Supplementary Policy Documents:

Vehicle Parking Standards SPD

Energy Efficiency and Renewable Energy SPD

Residential Amenity SPD

Climate Change SPD

Student Housing SPD

Bede Island South Site Development Guidance

The CACI Retail Capacity Study

Regional Policy

The East Midlands Regional Plan

National Policy

National Planning Policy Framework (NPPF) Sections 1 and 2 – Building a strong,

competitive economy and Ensuring the vitality of town centres.

National Planning Policy Framework (NPPF) Section 12 – Conserving and

enhancing the historic environment. Paragraphs 126 to 138 and 140.

Paragraph 131 states - In determining planning applications, local planning

authorities should take into account;

• The desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation.

• The positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and

• The desirability of new development making a positive contribution to local character and distinctiveness.

Paragraph 135 states – The effect of an application on the significance of a non-

designated heritage asset should be taken into account in determining the

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application. In weighing applications that affect directly or indirectly non designated

heritage assets, a balanced judgement will be required having regard to the scale of

any harm or loss and the significance of the heritage asset.

Paragraph 136 states – Local planning authorities should not permit loss of the

whole or part of a heritage asset without taking all reasonable steps to ensure the

new development will proceed after the loss has occurred.

Planning for the Historic Environment – Historic Environment Planning Practice

Guide (HEPPG) 5. Development Management

Consultations

Local Highway Authority (LHA) – The applicant has amended the proposal to include

a priority right hand lane. The junction capacity assessment submitted by the

applicant demonstrates that the junction will operate in a satisfactory manner.

The number of car parking spaces proposed are adequate given the sites location

close to residential development. The car park layout has been amended to show

spaces to the current size standard of 5.5m x 2.4m. A condition is proposed relating

to the number of disabled parking spaces to be provided.

Under the existing travel plan for the student accommodation 66 cycle spaces are

required. 8 additional spaces are required for the commercial uses. A condition is

proposed requiring the provision of these.

The site is well served by public transport and is within walking distance of the city

centre, University, Narborough Road and other facilities.

Environment Agency (EA) – originally objected to the proposals as they required

confirmation of any works/changes that are to take place within the 8m Land

Drainage Byelaws easement distance of the River Soar and clarification on the

impact on the access to the river.

The surface water drainage strategy put forward by the applicant did not provide

water quality benefits in accordance with best practice. The use of sustainable urban

drainage (SUDS) had been ruled out; however this was unacceptable as the variety

of SUDS techniques available mean that any development should be able to include

a scheme based around these principles.

The applicant supplied the EA with the required further information and a SUDS

proposal.

The EA have removed their objection subject to detailed conditions relating to

reductions in surface water run-off, site drainage to incorporate attenuation and

SUDS and no development within the 8m Land Drainage Bylaw easement of the

river.

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Conservation Advisory Panel (CAP) – The Panel support the principle of the

development as it provides for the reuse of the CPH Thurmaston building. They

accepted the original proposal to take down the forge and rebuild it provided that the

applicant carries out the works to a high standard, preserving the architectural

detailing of the building. The alterations to the front elevation of the forge are

considered sympathetic and they accepted the principle of rebuilding the forge

around a steel frame. The Panel would like to see an improved landscaping scheme

to the River Soar frontage, subject to no impact to the biodiversity of the site.

Environmental Services Noise and Air/Land - relating to land contamination the

conditions placed on 20101644 still apply to Blocks C and D of the student

accommodation and additional ground work will be needed to take account of the

inclusion of the CPH Thurmaston site.

Concerns raised relating to the noise impact of the proposed uses on the amenities

of current and future local residents. In particular noise transfer through Blocks A and

B of the student accommodation from the deliveries to the retail unit and from on

street activity, going to and from cars especially if late at night or early morning. Also

from the proposed uses in the CPH Thurmaston building concerns raised relating to

the proposed activity around the building and possible use of amplified music and

voice.

If the application was approved conditions are suggested relating to restricting hours

of use to 07.30 to 23.00 hours, no amplified music or voice, restricting delivery hours,

details of ventilation systems and flues, details of external plant and requirement for

a sound insulation scheme.

Energy Team – No renewables have been delivered so far as part of the already

built student blocks.

The required target for 2012 is 16% on site renewable energy provision. The

applicant has submitted an amended proposal that includes the provision of air

source heat pumps for the large retail unit and photovoltaic (PV) panels on the roofs

of Blocks A, B, C and D for the student accommodation. From a policy stand point

significant progress has been made with the latest proposal, more than doubling the

percentage of renewables proposed.

The applicant has submitted calculations stating that the proposed technologies will

deliver 16% on site renewable energy provision. These calculations are disputed and

officers calculate a percentage of 9.37% therefore still not delivering the policy

requirements.

Representations

The application was advertised in the Leicester Mercury and by site notices and

individual letters. Neighbours were re-notified following the removal of the drive

through element.

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12 individual representations and 3 petitions with 287 signatures have been received

objecting on grounds of:

• loss of trade to Narborough and Hinckley Road;

• no need for further retail in this area;

• loss of residential amenity;

• dimensions on plans incorrect;

• drive through an unsuitable use;

• noise and fumes from drive through;

• unsuitable hours of opening;

• loss of privacy and light to neighbouring residential properties;

• anti-social behaviour, littering;

• additional pressure/traffic volume on Upperton Road;

• effect on wildlife;

• potential for alternative use as medical centre; and

• potential negative effects on area.

Leicester Civic Society – supports the proposal as provides reuse of the building.

A letter has also been received from Liz Kendall MP on behalf of constituents with

copies of objections already received and summarised above.

Consideration

Principle of Uses

The principle of the student accommodation use on the site of 2A Upperton Road

was approved with the development approved in 2011 (20101644).

The acceptability of the other proposed uses is considered below.

Consideration of Retail Impacts

• The impact of the proposal on existing, committed and planned public and private

investment in a centre or centres in the catchment area of the proposal;

I consider that the proposed development would not have a significant impact on the

centres within the catchment area. The addition of an extra foodstore in the area

would help to increase customer choice.

The proposed store would compete most directly with other similar competing

facilities in its catchment area. It is expected to draw the majority of its trade from

Morrison’s on Freemans Common and Tesco on Braunstone Gate. Trade diversion

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from these stores is anticipated to be 7% and 7.5% respectively which I do not

consider is a significant adverse impact.

• The impact of the proposal on town centre vitality and viability, including local

consumer choice and trade in the town centre and wider area, up to 5 years from the

time the application is made.

The most significant impact in terms of in-centre trade diversion is expected to be

from the small shopping centre at Bede Park which includes a Sainsbury’s Local and

Tesco Express. I expect that the proposed store would divert approximately 4.5%

trade from this local centre: this impact would not be a significant adverse impact.

The impacts on other centres in the proposed stores catchment area are anticipated

to be less than this.

The CACI retail capacity study identified additional need for 2-3 mid range food

stores in the “west zone”, which the proposed foodstore falls within. The applicants

have given consideration to the sequential test and impact consideration set out in

the NPPF. I therefore consider that the proposal for new foodstore meets the policy

requirements set out in the NPPF.

It is not certain what the exact uses will be in the final scheme and therefore it would

be necessary to consider restricting the overall A1 floorspace. The retail assessment

considered a worst case scenario where Unit 1 and 465sqm gross (319 sqm net)

floorspace in the CPH Thurmaston building would both contain class A1 uses. The

total amount of retail floor space considered in the submitted retail impact

assessment was therefore 1,847sqm gross (approx. 1293sqm net).

Other proposed uses in the former CPH Thurmaston building

The applicant has applied for a variety of possible uses within the former CPH

Thurmaston building to allow flexibility and more possibility of finding tenants to

occupy the building.

Although the other Class A uses (financial and professional services,

restaurants/cafes, drinking establishments, hot food takeaways) would normally be

restricted to existing local and district centres and the city centre I consider a small

element in this location, subject to conditions and restrictions in floor area, would not

cause detriment to existing centres and could provide useful ancillary services for the

student accommodation and other nearby residents.

The proposal also includes the possibility of using this building for Class D1 (non

residential institutions) which includes clinics/health centres and D2 (assembly and

leisure). Again these types of uses, subject to conditions and restrictions within those

use classes, could be useful complimentary uses to the student accommodation and

nearby residents.

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The variety of uses proposed within the building would allow a stronger possibility of

retaining this historic building.

Residential Amenity

The building has until recently been occupied by an unrestricted industrial use which

is a consideration when looking at the commercial uses now proposed at the site.

These uses have been considered in relation to possible effects on nearby residents

in terms of noise from traffic movements, late night opening, ventilation systems and

also odours from any food and drink use.

The residential properties on Watkin Road have rear gardens of only 5m length.

They do not have principle room windows on the rear elevation but they do have

windows. The possible boundary treatment could result in restricted light and outlook

for the windows and gardens.

The introduction of the mezzanine floor would also affect residents amenities as it

introduces overlooking from those upper sections of windows which will be at first

floor level to the houses and could also overlook the gardens. It will be possible to

mitigate this potential impact by the use of obscure glazing.

Following lengthy discussions with the applicant the previously proposed drive

through and then service road to the rear of the former CPH Thurmaston building

have been removed from the proposal to respond to the concerns raised by officers

and residents regarding the effects on residential amenity. A pedestrian access only

is now proposed adjacent to the building with the area between the footpath and the

boundary with the Watkin Road properties being landscaped. The pedestrian access

will be gated at either end to prevent access outside of agreed servicing hours and

provide security to this area. The landscaping will provide a visual screen between

the houses and the building and also provide some assistance in reducing noise.

New double glazed windows are proposed to all elevations of the building and the

structure of the building itself will also provide an element of noise insulation. A

condition is proposed requiring details of the landscaping scheme. The applicant

also proposes to place an acoustic fence along the boundary with the houses. This

will be to the car park side of the existing hedge to prevent an overbearing impact on

the houses.

Customer access to and from the building will be from the north west elevation away

from the houses on Watkins Road. Pedestrians will be able to leave directly onto

Upperton Road. Car users, particularly later in the evening, are likely to use the

parking spaces closest to the building including those directly in front of the former

CPH Thurmaston building and in front of the larger retail unit rather than parking

further into the site.

I consider that many of the issues raised by the uses carried on within the building

can be dealt with by the use of conditions and conditions are proposed relating to

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servicing hours, hours of use, an insulation scheme, details of any ventilation

systems or plant and activity management plans for each commercial unit before

occupation.

The impact of some uses will vary depending on the type of use and management. I

am therefore suggesting conditions that could allow later/earlier opening.

Proposed alterations to Building of Local Interest

The proposal to reuse the former CPH Thurmaston building is welcomed.

Under paragraph 131 of the NPPF the desirability of sustaining and enhancing the

significance of heritage assets and putting them to viable uses consistent with their

conservation is a key consideration. The Historic Environment Planning Practice

Guide (HEPPG) goes on the clarify that the optimum viable use is not necessarily

the most profitable one and that speculative projects will not compare so favourably

when considering an irreversible harm to the significance of the heritage asset.

Elevation details were requested to show indicative signage zones, ventilation

outlets and more detailed elevational drawings showing window design, required

openings, where signage, ventilation flues and other freestanding operational

systems will be placed. Some indication of the changes to windows, new doors and

ventilation flue has been submitted but no other details. These are conditioned.

Details of the marketing of the building would normally be sought; however the

building has not so far been marketed.

Highway Impact/Pedestrian and Cyclist facilities/parking

The amended proposal for a priority right hand lane on Upperton Road is acceptable.

New pedestrian refuges will be provided on Upperton Road and at the junction within

the site improving pedestrian facilities immediately adjacent to the site.

The proposal provides for adequate parking, disabled parking, cycle parking and

servicing within the site. Conditions are proposed relating to the provision of these.

Design

The design of Blocks C and D of the student accommodation have not changed

greatly from those previously approved. The height of these blocks are as approved

but they are now proposed to be wider to allow for the provision of the student rooms

that would be lost in the proposal to use space in Blocks A and B for a retail unit. The

materials for Blocks C and D will match those of the existing blocks.

The extension to Block B to provide the retail unit fits well with the design of the

student block. The main elevation to the unit will be to the site access and car park

area so will not be highly visible from Upperton Road.

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I consider the design of the new build elements to be acceptable.

Energy Efficiency/Renewable Energy

Following discussions the applicant has now put forward an enhanced proposal

using air source heat pumps for the supermarket and photo voltaics on the roofs of

Blocks A, B, C and D of the student accommodation.

The renewable energy proposal now delivers by our own calculations almost 10% on

site provision. Although this falls short of the policy requirement of 16% when taken

on balance with the retention of and improvements to the historic building, the former

CPH Thurmaston building, I consider this to be acceptable. I have proposed a

condition requiring the installation of the renewable energy technologies before

occupation of any part of this development to ensure their delivery.

Ecology

The site is at an intersection of green space that provides an important strategic

function in providing a dispersal route for wildlife in the City. The green space is in

the form of both green corridors and space from the nearby Great Central Way

(GCW) that links into the small park area and meadow to the north of the CPH

Thurmaston building. The building is also directly adjacent to the Old River Soar

which provides a corridor for dispersal and an additional habitat type. The areas

(GCW and Old River Soar) are Local Wildlife Sites (LWS) in recognition of their local

value to biodiversity.

The development will result in some disturbance and some loss of biodiversity on

site and in the adjacent areas of wildlife value. It is recommended that compensation

is sought through the enhancement of adjacent areas that are made up of the former

railway line adjacent to the GCW to improve connectivity and wildlife value of this

area and to compensate for any loss.

The submitted bat survey found no evidence of bats and that the buildings have low

potential to support bats. These findings are accepted; however due to the high

mobility of the species and the part demolition and high degree of disturbance from

the proposal a mitigation strategy would be required before any works on site.

Developer contributions

Off-site open space contributions have already been secured through planning

consent 20101644.

Conclusion

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The proposed changes to the student blocks are acceptable including the provision

of the supermarket to the ground and first floors of Block B.

The uses proposed for the former CPH Thurmaston building are acceptable in

principle subject to conditions to minimise the effects on neighbouring residential

properties.

I recommend APPROVAL subject to the following conditions:

CONDITIONS

1. START WITHIN THREE YEARS

2. Within 3 months of the date of this permission a scheme of works (including a

programme for the undertaking of those works) to maintain, safeguard and

secure the former railway building shall be submitted to and approved in

writing by the City Council as local planning authority. The scheme of works

shall be carried out in accordance with the approved scheme of works within 1

year of commencement of development. The works to the former railway

building by this permission shall be completed no later than 3 years from the

date of this permission. (In the interests of protecting a historic building and in

accordance with Core Strategy policy CS18)

3. Before the works to the former railway building are begun, the design and

materials to be used for the windows, doors, brickwork and rainwater goods

shall be submitted to and approved by the City Council as local planning

authority. The works shall only be carried out in accordance with the agreed

details. (In the interests of visual amenity, and in accordance with Core

Strategy policy CS3.)

4. Before the development is begun, the details of the design and materials to be

used for the retail unit in Blocks A and B shall be submitted to and approved

by the City Council as local planning authority. The works shall only be carried

out in accordance with the agreed details. (In the interests of visual amenity,

and in accordance with Core Strategy policy CS3.)

5. Before the works to the former railway building are begun the method of

cleaning for the brickwork shall be submitted to and agreed in writing by the

City Council as local planning authority. No works shall be carried out other

than in accordance with the approved details. (In the interests of visual

amenity and to preserve the character of the historic building, in accordance

with Core Strategy policies CS3 and CS18.)

6. Before the development is begun, a detailed landscaping scheme showing the

treatment of all parts of the site which will remain unbuilt upon including the

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area between the former railway building and the properties on Watkin Road

shall be submitted to and approved 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) 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). The approved landscaping scheme shall be carried out

within one year of commencement of the development (including any

occupation of the former railway building) unless otherwise agreed alongside

an agreed phasing plan. 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 CS3.)

7. A landscape management plan, including long term design objectives,

management responsibilities and maintenance schedules for all landscaped

areas shall be submitted to and approved by the City Council as local

planning authority prior to the occupation of the development or any phase of

the development, whichever is the sooner, for its permitted use. The

landscape management plan including management arrangements shall be

implemented as approved and maintained thereafter. (In the interests of

amenity and the continued satisfactory provision of such facilities and in

accordance with Policy UD06 of the City of Leicester Local Plan and Core

Strategy Policies CS3 and CS13.)

8. CONSTRUCTION METHOD STATEMENT (MAJOR SCHEMES) - DETAILS

TO BE AGREED

9. There shall be no use of the former railway building until an insulation scheme

to prevent the transmission of noise to the neighbouring residential units has

been carried out in accordance with details which shall first have been

submitted to and approved by the City Council as local planning authority. (In

the interests of the amenities of nearby occupiers, and in accordance with

policy PS10 of the City of Leicester Local Plan.)

10. NO DETRIMENT FROM LIVE OR AMPLIFIED MUSIC OR VOICE

11. NO WORK OUTSIDE

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12. No use other than the student accommodation shall be carried on outside the

hours of 0700 to Midnight daily except in accordance with a detailed activity

management plan previously agreed with the City Council as local planning

authority. (In the interests of the amenities of nearby occupiers, and in

accordance with policy PS10 of the City of Leicester Local Plan.)

13. No deliveries or collections (including collection of refuse) shall occur outside

the hours of 0700 to 2300 hours daily except in accordance with a detailed

activity management plan previously agreed with the City Council as local

planning authority. (In the interests of the amenities of nearby occupiers and

in accordance with Policy PS10 of the City of Leicester Local Plan)

14. There shall be no use of (other than emergencies) or access to the secured

area to the rear of the former railway building outside the hours of 0700 to

2300 hours. (In the interests of residential amenity and in accordance with

Policy PS10 of the City of Leicester Local Plan)

15. No single user of the former railway building (not including a doctors surgery)

shall occupy more than 600 square metres gross floor area unless otherwise

agreed with the City Council as local planning authority. (The City Council

would want to give further consideration to larger units in this location by

reason of possible increased noise levels, required alterations to the historic

building and vehicular/pedestrian movements to and from the site and in

accordance with Core Strategy policy CS11 and Supplementary Planning

Guidance for A3 Uses)

16. NO NOISE OR VIBRATION FROM VENTILATION SYSTEM

17. VENTILATION SYSTEM INSTALLED AND MAINTAINED - DETAILS TO BE

APPROVED

18. Plant and machinery (excluding those to provide on site renewable energy)

shall only be operated on the site at times and in accordance with a scheme

which shall first have been submitted to and agreed by the City Council as

local planning authority. (In the interests of the amenities of nearby occupiers,

and in accordance with policy PS10 of the City of Leicester Local Plan.)

19. Before the occupation of the proposed mezzanine floor in the former railway

building, new windows facing Watkin Road shall be fitted with sealed obscure

glazing and retained as such. (In the interests of the amenity of occupiers of

Watkin Road and in accordance with policy PS10 of the City of Leicester

Local Plan).

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20. Before the occupation of each unit in the former railway building an activity

management plan shall be submitted to and approved in writing by the City

Council as local planning authority. The plan shall include the operational

requirements of the commercial use, hours of use, deliveries, refuse

collections, staff numbers, shift patterns and security measures. The

approved activity management plan shall be implemented upon occupation of

each unit and adhered to for the duration of that use. (In the interests of

residential amenity and in accordance with Policy PS10 of the City of

Leicester Local Plan)

21. Before the large retail unit is opened for trade highway works including

amendments to the existing access as shown on ADL drawing number 2291-

19 received on 1 May 2013 shall be provided to the satisfaction of the City

Council as local planning authority. The proposed vehicular access shall be

built to Leicester City Councils' adopted standards in the 'Highways,

transportation and development guide' subject to technical approval based on

plans submitted by the applicant (In the interests of highway safety)

22. Before the development is begun an independant Stage 1 Safety Audit on the

proposed highway improvements shall be carried out and shall be submitted

in writing to and approved by the City Council as local planning authority . The

report shall be prepared in accordance with HD 19/03 and be accompanied by

a designers response. (In the interests of highway safety)

23. STREET WORKS TO BE SATISFACTORY

24. The access drive shall be surfaced with tarmacadam, concrete or similar hard

bound material (not loose aggregate) for a distance of at least 5 metres

behind the Highway boundary. (In the interests of highway safety)

25. No part of the development shall be occupied until footway crossings have

been provided at all pedestrian crossing points and at road junctions in

accordance with guidance in the Leicester City Council and Leicestershire

County Council document `6Cs Design Guide`. (To ensure a satisfactory

means of access to the highway, and in accordance with policy AM01 of the

City of Leicester Local Plan and Core Strategy policy CS3.)

26. No part of the development shall be occupied until secure and covered cycle

parking for a minimum of eight (8) cycles for the commercial uses in addition

to the sixty six (66) for the student accommodation has been provided and

retained thereafter, in accordance with written details previously approved by

City Council as local planning authority. (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).

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27. No part of the development shall be occupied until a Travel Plan for the

development including a car park management plan has been submitted to

and approved in writing by the City Council as local planning authority and

shall be carried out in accordance with a timetable to be contained within the

Travel Plan, unless otherwise agreed in writing by the Council. The Plan shall:

(a) assess the site in terms of transport choice for staff, users of services,

visitors and deliveries; (b) consider pre-trip mode choice, measures to

promote more 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; (c) identify

marketing, promotion and reward schemes to promote sustainable travel and

look at a parking management scheme to discourage off-site parking; (d)

include provision for monitoring travel modes (including travel surveys) of all

users and patterns at regular intervals, for a minimum of 5 years from the first

occupation of the development brought into use. The plan shall be maintained

and operated thereafter. (To promote sustainable transport and in accordance

with policies AM01, AM02, and AM11 of the City of Leicester Local Plan and

policies CS14 and CS15 of the Core Strategy).

28. No part of the development shall be occupied until the following works have

been carried out in accordance with details submitted to and approved in

advance by the City Council as local planning authority: (a) surfacing with

permeable material and marking out of all parking areas, spaces being 5.5m x

2.4m in dimension; (b) provision of loading/unloading areas; (c) provision of

turning space. The parking, loading/unloading areas and turning space shall

not be used for any other purpose. (In the interests in highway safety, and in

accordance with policy AM01 of the City of Leicester Local Plan and Core

Strategy policy CS3.)

29. At least twelve car parking spaces for the use of disabled people (including

four for the commercial uses in the former railway building) shall be provided

before the development is occupied in accordance with guidance in the

Leicester City Council and Leicestershire County Council document `6Cs

Design Guide` and shall be retained and kept available for use by disabled

people. (To ensure adequate provision for the needs of disabled people, and

in accordance with policy AM11 of the City of Leicester Local Plan and Core

Strategy policy CS3.)

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30. Before the retail unit is occupied a minimum of six secure and sheltered

powered two wheeler parking spaces shall be provided within the curtilage of

the site in accordance with details first agreed in writing with the City Council

as local planning authority. The parking spaces shall be provided in

accordance with the agreed details and retained thereafter. (In the interests of

satisfactory development of the site and in accordance with Policy AM11 of

the City of Leicester Local Plan and Core Strategy policy CS14)

31. ARRANGEMENTS FOR BIN STORAGE

32. The development permitted by this planning permission shall be carried out in

accordance with the approved Flood Risk Assessment (FRA) dated 21/01/13,

Revision d, prepared by PRP Consulting and the following mitigation

measures detailed within the FRA and associated correspondence: 1. Reduce

the surface water run-off generated by the 100 year plus climate change

critical storm by at least 20%. 2. Site drainage to incorporate attenuation,

petrol interceptor, catch pits and one further SuDS treatment train. 3. No

development within 7.5m of the River Soar. 4.No ground levels to be raised

within the floodplain.

The mitigation measures shall be fully implemented prior to occupation and

subsequently in accordance with the timing / phasing arrangements embodied

within the scheme, or within any other period as may subsequently be agreed,

in writing, by the local planning authority. (To prevent flooding by ensuring the

satisfactory storage of/disposal of surface water from the site and reduce the

risk of flooding to the proposed development and future occupants in

accordance with Core Strategy policy CS2)

33. No development shall take place until a scheme for surface water drainage

and the disposal of foul sewage for the site, based on sustainable drainage

principles and an assessment of the hydrological and hydro geological context

of the development, has been submitted to and approved in writing by the

local planning authority. The drainage strategy should demonstrate the

surface water run-off generated up to and including the 100 year plus climate

change critical storm will be reduced by at least 20% from the undeveloped

site following the corresponding rainfall event. The scheme shall subsequently

be implemented in accordance with the approved details before the

development is completed.

The scheme shall also include details of how the scheme shall be maintained

and managed after completion. (To ensure that the development is provided

with a satisfactory means of drainage and prevent the increased risk of

flooding, both on and off site and in accordance with Core Strategy policy

CS2)

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34. Before the development is begun an ecological mitigation scheme shall be

submitted to and approved in writing by the City Council as local planning

authority. The scheme shall include details of methodologies for the protection

of protected species including actual and potential bat roosts and species in

existing features such as buildings, trees and hedgerows; reptile habitat and

other areas of high ecological value to minimize disturbance. Any identified

mitigation measures shall be carried out before commencement of the

development (To protect the habitats and wildlife including identified roosts,

commuting and foraging areas on the site and reptile habitat and in

accordance with policy CS 17 Biodiversity of the Core Strategy and Habitat

and Species Regulations 2010).

35. Before the development is begun a detailed design plan of lighting to be used

shall be submitted and approved in writing by the local planning authority. The

lighting should be designed to cause minimum disturbance to protected

species that may inhabit the site. The approved scheme shall be implemented

and retained thereafter. (In the interests of protecting wildlife habitats and in

accordance with policy BE22 and policy CS 17 Biodiversity of the Core

Strategy)

36. Before the development is begun details of 6 x bat bricks/tiles/box; 6 x bird

bricks/boxes and/or invertebrate boxes to be incorporated within the

elevations of the proposed building have been submitted to and agreed in

writing with the City Council as local planning authority. The development

shall be carried out in accordance with the agreed details and the agreed

features retained thereafter (In the interest of biodiversity and in accordance

with Policy CS 17 Biodiversity of the Core Strategy).

37. Before the development is begun, the application site shall be subjected to a

detailed ground investigation. The investigation shall fully characterise the site

in terms of any contamination pertaining to current or former uses. A site

investigation report incorporating a suitable risk assessment shall be

submitted to, and approved by, the Local Planning Authority. Any

recommendations in the approved report shall be carried out before the

development is occupied. (The site has been subjected to at least one former

contaminative use and is located on a former railway sidings site and it is

considered that there is a significant risk of contamination adversely affecting

the development.)

38. Before the occupation of Blocks C and D of the student accommodation the

developer will confirm in writing that a gas membrane/ hydrocarbon

membrane has been installed within the buildings floor slab as stated in the

site investigation report submitted with 20101644. The installation and product

specification of the membrane shall meet with the current British Standard.

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(The site is located on/ in close proximity to a landfill site known to have

accepted wastes and it is considered that there is a significant risk of landfill

gas adversely affecting the development.)

39. Before any part of the development is occupied the agreed air source heat

pumps and photovoltaics (Dimplex DXPV250P6C X 250Watt) shall be

installed on site in accordance with the plan received on 1 May 2013 showing

location of 1678.65 square metres of photovoltaics and the details within the

energy summary and calculations received on the 30 April and 1 May 2013

and evidence shall be submitted to and approved by the City Council as local

planning authority demonstrating satisfactory operation of the agreed on site

renewable energy scheme. (To ensure sustainable energy efficiency and in

accordance with Policy BE16 of the City of Leicester Local Plan and Core

Strategy policy CS02)

40. Before the development is begun, including the demolition, construction and

operational phases, a draft training and employment method statement shall

be submitted to and approved by the City Council as local planning authority.

The method statement shall contain measures designed to maximise local job

opportunities and include measures designed to provide appropriate targeted

training and other initiatives to provide employment advice and/or

programmes for residents within the area covered by the Council to enable

them to obtain the requisite knowledge skill experience, confidence and

opportunity to be employed in jobs connected with the Development and shall

thereafter implement the approved method statement. The developer shall

work with the City Council to establish measures to provide collaboration with

local job centres, training agencies and other employment based initiatives

within the City of Leicester to further the objective of maximising local job

opportunities resulting from the development. Within 28 days of a written

request from the City Council the developer shall provide details of all steps

taken under the approved method statement. (In accordance with Policy

CS10 of the Core Strategy)

41. This consent shall relate to the submitted plans as amended by plan ref. no.

7798/006E, 7798/031C, 7798/004N and 7798/005C received by the City

Council as local planning authority on 26th February, 23rd April and 30th April

2013. (For the avoidance of doubt.)

NOTES FOR APPLICANT

1. REASON FOR APPROVAL (IN ACCORDANCE WITH PLAN)

2. Further information on SUDS can be found in;

the CIRIA C697 document SUDS manual

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HR Wallingford SR 666 Use of SuDs in high density developments

CIRIA C635 Designing for exceedance in urban drainage good practice the

Interim Code of Practice for Sustainable Drainage Systems. The Interim Code

of Practice provides advice on design, adoption and maintenance issues and

a full overview of other technical guidance on SUDS. The Interim Code of

Practice is available on our website at: www.environment-agency.gov.uk and

CIRIA's website at www.ciria.org.uk

Under the terms of the Water Resources Act 1991 and the Land Drainage

Byelaws, the prior written consent of the Agency is required for any proposed

works or structures in, under, over or within 8 metres of the top of the bank of

the River Soar, designated a 'main river'.

General advice about the consenting process and electronic copies of the

application forms and guidance notes are available at the following address:

www.environment agency.gov.uk/business/topics/143729.aspx

3. The highway works referred to in the above conditions are subject to details

as part of a Section 278 Agreement under the Highways Act 1980. The

Section 278 Agreement will include full detailed drawings showing, cross

sections, gradients, vertical and horizontal alignments, materials and

construction and a cost estimate to be provided for the full costs of the

highway works and for this to be used as a bond. Road safety audits will also

be required for stages 1 and 2 before commencement of highway works and

stage 3 upon completion of the works. (The applicant should contact the Ravi

Mohankumar on 0116 2526600 in respect of this work.)

4. With regard to condition 27, the applicant should seek the advice of Bal

Minhas, telephone (0116) 2526523.

5. All streetworks shall be carried out in accordance with Leicester City Councils'

adopted 'Highways, Transportation and Development Guide'.

6. Longer hours of opening and servicing may be acceptable at this site;

however the detailed activity management plans required to be agreed by

conditions 12 and 13 shall contain reasonable measures to minimise the

impact on the residential amenity of adjacent residents to allow consideration

of a proposed use operating outside the hours of 0700 to midnight or being

serviced outside the hours of 0700 to 2300 hours.

7. Whilst larger units than those contained in condition 15 may be acceptable the

City Council as local planning authority would want to give further

consideration to certain larger uses that may lead to particularly significant

unacceptable impacts.

Policies relating to this recommendation

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2006_AM01 Planning permission will only be granted where the needs of pedestrians and

people with disabilities are incorporated into the design and routes are as

direct as possible to key destinations.

2006_AM02 Planning permission will only be granted where the needs of cyclists have

been incorporated into the design and new or improved cycling routes should

link directly and safely to key destinations.

2006_AM11 Proposals for parking provision for non-residential development should not

exceed the maximum standards specified in Appendix 01.

2006_AM12 Levels of car parking for residential development will be determined in

accordance with the standards in Appendix 01.

2006_BE10 In developments involving a new shopfront, the design should be an integral

part of the whole building and should be in proportion to the lines of the

facade of which it forms a part.

2006_BE16 Planning permission will be granted for the development of renewable energy

installations where local impacts are not outweighed by wider benefits. Major

developments must realise their potential for incorporating renewable energy

technologies.

2006_BE22 Planning permission for development that consists of, or includes, external

lighting will be permitted where the City Council is satisfied that it meets

certain criteria.

2006_PS10 Criteria will be used to assess planning applications which concern the

amenity of existing or proposed residents.

2006_R02 Planning conditions imposed on the sale of comparison goods from out-of-

centre supermarkets and superstores.

2006_R03 Retail development outside the Central Shopping Core will be confined to the

existing and proposed shopping centres.

2006_UD06 New development should not impinge upon landscape features that have

amenity value whether they are within or outside the site unless it can meet

criteria.

2010_CS01 The overall objective of the Core Strategy is to ensure that Leicester develops

as a sustainable city, with an improved quality of life for all its citizens. The

policy includes guidelines for the location of housing and other development.

2010_CS02 Development must mitigate and adapt to climate change and reduce

greenhouse gas emissions. The policy sets out principles which provide the

climate change policy context for the City.

2010_CS03 The Council will require high quality, well designed developments that

contribute positively to the character and appearance of the local natural and

built environment. The policy sets out design objectives for urban form,

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connections and access, public spaces, the historic environment, and

'Building for Life'.

2010_CS11 The Council supports a hierarchy of retail centres in Leicester. The policy sets

out measures to protect and enhance retail centres as the most sustainable

location for retail development.

2010_CS14 The Council will seek to ensure that new development is easily accessible to

all future users including by alternative means of travel to the car; and will aim

to develop and maintain a Transport Network that will maximise accessibility,

manage congestion and air quality, and accommodate the impacts of new

development.

2010_CS15 To meet the key aim of reducing Leicester's contribution to climate change,

the policy sets out measures to help manage congestion on the City roads.

2010_CS17 The policy sets out measures to require new development to maintain,

enhance and strengthen connections for wildlife, both within and beyond the

identified biodiversity network.

2010_CS18 The Council will protect and seek opportunities to enhance the historic

environment including the character and setting of designated and other

heritage assets.

2010_CS19 New development must be supported by the required infrastructure at the

appropriate stage. Developer contributions will be sought where needs arise

as a result of the development either individually or collectively.