Agenda item

To consider the report of the City Development Manager.

The City Development Manager presented the application for the demolition of existing single storey arcade and construction of a four storey building for 64 student bedspaces incorporating ground retail unit with associated bike and bin stores.

Members were circulated with an update sheet - attached to minutes.

Mr Pollintine spoke in support of the application. He raised the following points:-

·         the shell unit at the Fore Street frontage could be configured to accommodate two units and would incorporate a glazed "wrap around" corner to enliven the entrance to John Street which would improve permeability and be more welcoming;

·         the accommodation provided for students was typical of the area and mirrored those nearby in size and configuration;

·         the adjacent Smythen Street car park was ideal for dropping off and picking up students at the beginning and end of term;

·         there was no direct line of sight into student windows from the pub opposite; and

·         Historic England were now supportive of the application.

Responding to a Member, the City Development Manager referred to the consultation undertaken and confirmed that appropriate management measures would be put in place for the occupation of students. Members noted that the principle of student use in this city centre location was appropriate and welcomed the proposal which would retain the retail frontage to Fore Street and therefore maintain a commercial presence and it was hoped that it would be more attractive to smaller independent operators, which are characteristic of this street. Whilst one Member referred to the ethos and heritage of the West Quarter, Members recognised that the scheme would retain the retail element and ensure that the vitality and viability of the area was maintained.

The recommendation was for approval, subject to the conditions as set out in the report.

RESOLVED that, subject to the completion of a Section 106 Agreement under the Town and Country Planning Act 1990 to secure a student management plan and a financial contribution of £3,000 towards a traffic regulation order planning permission for the demolition of existing single storey arcade and the construction of a four storey building for 64 student bedspaces incorporating ground retail unit with associated bike and bin stores be APPROVED, subject also to the following conditions:-

(1)        The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

Reason: To ensure compliance with sections 91-92 of the Town and Country Planning Act 1990.

(2)        The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received by the Local Planning Authority on 27 April 2019 (dwg no. 13388/PL105A; PL110A; PL111A; PL112A; PL113A; PL114; PL115D; PL116A & PL117A) as modified by other conditions of this consent.

Reason: In order to ensure compliance with the approved drawings.

(3)        Samples of the materials it is intended to use externally in the construction of the development shall be submitted to the Local Planning Authority and the development shall not be started before their approval is obtained in writing and the materials used in the construction of the development shall correspond with the approved samples in all respects.

Reason: To ensure that the materials conform with the visual amenity requirements of the area.

(4)        Pre-commencement condition. No development related works shall take place within the site until a written scheme of archaeological work has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include on-site work, and off-site work such as the analysis, publication, and archiving of the results, together with a timetable for completion of each element. All works shall be carried out and completed in accordance with the approved scheme, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the appropriate identification, recording and publication of archaeological and historic remains affected by the development.

(5)        No part of the development hereby approved shall be brought into its intended use until the improvements on John Street and the provision loading bay arrangements on Smythen Street as indicated on the proposed site plan (drawing number 1338/PL105 A) have been provided in accordance with details and specifications that shall previously have been submitted to, agreed and approved in writing by the Local Planning Authority.                       

            Reason: To provide suitable facilities for the traffic attracted to the site.

(6)        No part of the development hereby approved shall be brought into its intended use until details have been submitted to the Local Planning Authority of secure cycle parking provision for the development and provided in accordance with the submitted details. 

            Reason: To provide adequate facilities for sustainable transport.

(7)       Travel Plan measures including the provision of sustainable transport welcome packs and details of the arrangements of how student pick up/drop off will be managed, shall be provided in accordance with details agreed in writing by the Local Planning Authority and Local Highway Authority in advance of occupation of the development.

            Reason: To promote the use of sustainable transport modes and in the interests of highway safety, in accordance with paragraphs 32 and 36 of the NPPF.

(8)       Pre-commencement condition. No development shall take place, including any works of demolition, until a Construction and Environment Management Plan (CEMP) has been submitted to, and approved in writing by, the Local Planning Authority. Notwithstanding the details and wording of the CEMP the following restrictions shall be adhered to:

a)  the parking of vehicles of site operative and visitors

b)  loading and unloading of plant and material;

c)  storage of plant and materials used in the constructing the development;

d) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

e)  wheel washing facilities;

f)  measures to control the emission of dust and dirt during construction;

g)  a scheme for recycling/disposing of waste resulting from demolition and construction works

h) construction work shall not take place outside the following times; 8am to 6pm

(Mondays to Fridays); 8am to 1pm (Saturdays); nor at any time on Sundays, Bank or Public Holidays.

Reason: In the interests of the occupants of nearby buildings.

(9)       Pre-commencement condition. No development shall commence until a noise assessment report, including noise from the any plant machinery has been submitted to and approved in writing by the Local Planning Authority providing details of any sound insulation measures and mitigation measures required and shall thereafter be provided in accordance with such details:

Reason: Insufficient information has been submitted with the application and in the interests of future residential amenity.

(10)     Unless otherwise agreed in writing by the Local Planning Authority the building hereby approved shall achieve a BREEAM ‘excellent’ standard as a minimum, and shall achieve ‘zero carbon if commenced on or after 1st January 2019. Prior to commencement of development of such a building the developer shall submit to the Local Planning Authority a BREEAM design stage assessment report to be written by a licensed BREEAM assessor which shall set out the BREEAM score expected to be achieved by the building and the equivalent BREEAM standard to which the score relates. Where this does not meet the BREEAM minimum standard required by this consent the developer shall provide prior to the commencement of development of the building details of what changes will be made to the building to achieve the minimum standard, for the approval of the Local Planning Authority to be given in writing. The building must be completed fully in accordance with any approval given. A BREEAM post-completion report of the building is to be carried out by a licensed BREEAM assessor within three months of substantial completion of the building and shall set out the BREEAM score achieved by the building and the equivalent BREEAM standard to which such score relates.

Reason: To ensure that the proposal complies with Policy CP15 of Council's

Adopted Core Strategy and in the interests of delivering sustainable development.

The design stage assessment must be completed prior to commencement of development because the findings may influence the design for all stages of construction.

(11)     Prior to occupation of the development hereby approved details of provision for nesting birds and swifts shall be submitted to and approved in writing by the Local Planning Authority in consultation with the RSPB. Upon written approval of the details, the scheme shall be fully implemented as part of the development and retained thereafter.

Reason: In the interests of preservation and enhancement of biodiversity in the locality.

(12)     Pre-commencement condition. No development shall take place on site until a full investigation of the site has taken place to determine the extent of, and risk posed by, any contamination of the land and the results, together with any remedial works necessary, have been agreed in writing by the Local Planning Authority. The building(s) shall not be occupied until the approved remedial works have been implemented and a remediation statement submitted to the Local Planning Authority detailing what contamination has been found and how it has been dealt with together with confirmation that no unacceptable risks remain.

Reason: In the interests of the amenity of the occupants of the building(s) hereby approved.

(13)     Pre-commencement condition: No development shall take place on site until an investigation has taken place to determine the risk posed by Unexploded Ordinance and the results, together with any further works necessary, have been agreed in writing by the Local Planning Authority.  The approved works shall be implemented in full and a completion report shall be submitted to the Local Planning Authority for approval in writing prior to the commencement of the development.

Reason: In the interests of public safety.

(14)     Pre-commencement condition. The demolition hereby approved shall not be carried out until a building contract has been entered into for the erection of the replacement building permitted by this planning permission and satisfactory evidence to that effect has been produced to the Local Planning Authority.

Reason: In the interests of the appearance of the Conservation Area.

(15)     No café use shall be operational until details of any kitchen extract equipment, to include design, siting, noise levels odour levels and a programme for future maintenance has been submitted and approved in writing by the Local Planning Authority and thereafter maintained in accordance with the agreed details at all times.

            Reason: In the interests of residential amenity