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
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El Sub StaWarehouse
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Ware house
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Ware house
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Boa t House
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The Watershed Youth Centre
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Works
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©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.
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.
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
• 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
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.
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.
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
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.
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
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.
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
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
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
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).
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).
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.)
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)
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.
(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
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
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,
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.