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Agenda item



Demolition of the existing building and the redevelopment of the site to include the construction of a 5 storey including basement level mixed use development containing 863sqm office floorspace GIA (Class B1) on the lower ground, ground and first floors and 8 residential units (Class C3) on the second, third and fourth floors (6 x 2 beds, 2 x 3 beds).  Provision of refuse & recycling facilities and cycle parking facilities on the ground floor and associated alterations.

(Planning application number: P2017/0865/FUL)


In the discussion the following points were made:

·        Cllr Picknell and planning officers advised members that they had visited both adjoining neighbouring sites on Thursday the 26th of October 2017 at 26 Bastwick Street and the Pietra Lara Building to fully appreciate the merits of this particular case and its relationship to both adjoining properties.

·        The Planning Officer advised that since the agenda was published one additional objection had been received in relation to overlooking into the courtyard area and loss of sunlight.

·        The Planning Officer informed the meeting of changes to the application following the dismissal of the previous scheme at appeal in March 2016. The changes related to the design, height and bulk of the development and alterations to the rear terrace sizes, treatment and the inclusion glazed fin screening feature.

·        In response to overlooking and loss of privacy concerns from the adjoining Pietra Lara building, Members were advised that by positioning the windows and balconies on the east elevation and by including obscurely glazed fins this would minimise the loss of privacy and overlooking issues. Officers advised members that there would be limited opportunities for direct overlooking of adjoining rear windows as a result of the developments recessed terraces and glazed screen feature. Officers discussed the potential adverse impacts of the screen feature and the rearward projection and height of the building in term of loss of daylight/sunlight, outlook, privacy and enclosure levels in detail. Officers discussed the appeal scheme plans and appeal inspector’s findings also. Consideration was given to the separation distances, opaque finish of the screen and the set back of the proposed built form as key determinants in the case.

·        With regards to concerns about the massing, height and bulk of the proposal, Members were advised that the proposed footprint of the building had been designed to respect the building lines of the surrounding properties and the proposed building covers the full footprint of the site at basement, ground and first floor levels. Members and officers discussed a length the prevailing building heights and typology around the site in determining the acceptability of the proposed massing within the development.

·        In response to concerns raised by the Design officer, the Planning Officer advised that the proposed stair overrun/plant equipment would be set back 4.7 metres from the front building line and would measure 2.4 metres in height above the height of the roof at fourth floor level.

·        Objectors raised concerns that issues around the loss of outlook had not been addressed in the report by officers, and the reported levels of daylight and sunlight loss was inaccurate. An objector requested Members to either defer the item so as to enable Officers address some of their concerns that had not been addressed in the report of if minded to grant planning permission to include a condition restricting the working hours to normal hours from Monday to Friday. 

·        Members were advised that the scheme had now been amended to ensure that sunlight and daylight loss to neighbouring properties was minimal and that windows in City University which currently experienced poor levels especially at the lower ground floor rooms were student accommodation for students which are a transient population as compared to a permanent residential accommodation. With regard to the impact on the windows of 26 Bastwick Road, the Planning Officer advised that this loss was to secondary windows on the north elevation facing the application site and not the principle windows to this units main living space which was considered to be acceptable bearing in mind the site specifics and dense urban location.

·        Officers confirmed that the council did not require a sunlight/daylight report for properties across the public highway within Dance Square as these are across a highway in a dense urban location and are not directly opposite the site in this case.

·        Officers confirmed that the revised scheme was considered to adequately address previous amenity concerns for both prospective and adjoining occupiers to an acceptable degree in relation to any material loss of daylight/sunlight, outlook, overlooking, privacy nor any undue sense of enclosure.



That planning permission be granted subject to the conditions and informatives set out in Appendix 1 and the completion of a Deed of Planning Obligation made under Section 106 of the Town and Country Planning Act 1990 securing the heads of terms as set out in Appendix 1 of the officer report with an amended Condition 4 set out below to ensure that working hours for the development on site are only from Mondays to Fridays and not at all on Saturdays and Sundays.


CONDITION: A Construction Environmental Management Plan assessing the environmental impacts (including (but not limited to) noise, air quality including dust, smoke and odour, vibration and TV reception) of the development shall be submitted to and approved in writing by the Local Planning Authority prior to any works commencing on site.  The report shall assess impacts during the construction phase of the development on nearby residents and other occupiers together with means of mitigating any identified impacts.  The Statement shall also include:

i.          the parking of vehicles of site operatives and visitors

ii.         loading and unloading of plant and materials

iii.         storage of plant and materials used in constructing the development

iv.        the erection and maintenance of security hoarding including decorative
            displays and facilities for public viewing, where appropriate

v.         wheel washing facilities

vi.        measures to control the emission of dust and dirt during construction

vii.        a scheme for recycling/disposing of waste resulting from demolition and
            construction works 


Construction works on the site are restricted to Mondays to Fridays only and not at all on Saturdays, Sundays or public holidays.


The development shall be carried out strictly in accordance with the details so approved and no change therefrom shall take place without the prior written consent of the Local Planning Authority.


REASON:  To ensure that the development does not adversely impact on neighbouring residential amenity due to its construction and operation.

Supporting documents: