Issue - meetings

Application for change of use from cinema (sui generis) to 40 one-bedroom apartments (use class C3) with associated car parking and landscaping.

This item was deferred at a previous meeting and therefore no public speaking will be permitted in accordance with the council’s constitution.

Late items received after publication of the agenda:

Objections

A further objection has been received from a member of the public who has previously objected to the development. The new objection letter reiterates the lack of parking facilities in the vicinity of the application site, and that the amount of on-street parking is causing harm to the Hollycroft Conservation Area.

The objection also highlighted that there is a vacant piece of land near Druid Street that could be utilised for additional parking, but the details of which, nor who owns the land, have not been provided. 

Local Highway Authority

The Local Highway Authority reiterated on 21 January 2025 that, in its view, the impacts of the development on highway safety would not be unacceptable, and when considered cumulatively with other developments, the impacts on the road network would not be severe. Based on the submitted details, the Local Highway Authority did not consider the proposal to conflict with Paragraph 116 of the National Planning Policy Network (2024), subject to four planning conditions and two planning obligations.

The Local Highway Authority have advised that whilst the revised Leicestershire Highway Design Guide recommends that off-street vehicle parking is provided on the basis of two spaces for each Use Class C3 units, this guidance does not account for site specifics or the specific natures of the proposal.

Given the above, it remains the Local Highway Authority’s view that the proposed development would not result in hazardous on-street parking in the vicinity, and that an unacceptable impact on highway safety could not be demonstrated in the context of Paragraph 116 of the National Planning Policy Framework (2024).

Car Parking Permits

The Local Planning Authority has discussed the application with the Council’s Street Scene Services Department in relation to the provision of further off-street parking spaces. It was confirmed that residential permits cannot be sought for the Lower Bond Street Car Park.

However, the Street Scene Services Department confirmed that additional off-site and off-street parking could be provided through Residential Parking Permits (RPS) and Long-Term Parking Season Permits (LTPSP) being secured via a Section 106 Agreement.

Residential Parking Permit (RPS)

The Council’s Street Scene Services Department confirmed that ten permits for designated resident parking spaces can be provided per street for their closest respective car park. In this instance, only resident of Trinity Lane has a RPS and therefore the Council can provide up to nine RPSs for the Old Vicarage Car Park for an annual fee of £55. However, the future residents can only apply for an RPS once they are living in the proposed development.

Long-Term Parking Season Permit (LTPSP)

The Council’s Street Scene Services Department confirmed that up to 20 Long-Term Parking Season Permits (LTPSP) could also be  ...  view the full agenda text for item 343

Application for change of use from cinema (sui generis) to 40 one-bedroom apartments (use class C3) with associated car parking and landscaping.

Some members expressed concerns about the proposal and it was suggested that the proposed parking permit scheme should operate in perpetuity, that more work should be undertaken to encourage a residents parking scheme for on-street parking in the area, that concerns about overlooking be investigated and that it be made clear in any marketing material that the flats are aimed at those who don’t have multiple vehicles and that parking on this site was very limited.

It was moved by Councillor Lynch and seconded by Councillor C Gibbens that, whilst members be minded to grant permission, the decision be delegated to officers following investigation of the abovementioned points in relation to the parking permit scheme, residents parking scheme, overlooking and marketing.

Upon being put to the vote, the motion was CARRIED and it was

RESOLVED –

(i)            The Head of Planning be granted delegated powers to grant permission subject to:

a.    The planning conditions contained in the officer’s report;

b.    The entering into of a S106 agreement relating to affordable housing, highway improvements, open space provision and management and the financial contributions outlined in the officer’s report;

c.    The operation of a parking permit scheme in perpetuity;

d.    Investigation into a residents parking scheme in the area;

e.    Investigation into the concerns regarding overlooking;

f.     A note to applicant about the content of marketing materials.

(ii)          The Head of Planning be granted powers to determine the final detail of planning conditions and S106 obligations.

Councillors Bray and Mullaney requested it be recorded that they voted against the motion.

Application for change of use from cinema (sui generis) to 40 one-bedroom apartments (use class C3) with associated car parking and landscaping.

Late items received after publication of main agenda:

National Planning Policy Framework (NPPF) Revisions

Importantly, the revised wording of Paragraph 125(c) of the NPPF states [amendments in bold]:

“Planning decisions should give substantial weight to the value of using suitable brownfield land within settlements for homes and other identified needs, proposals for which should be approved unless substantial harm would be caused, and support appropriate opportunities to remediate despoiled, degraded, derelict, contaminated, or unstable land.”

In relation to Paragraph 11(d)(ii) of the NPPF (2024), key policy Paragraphs 84 (isolated homes) and 91 (main town centre uses) do not apply to this development.

The development provides a mix of affordable housing that meets identified local needs and so is in accordance with key policy Paragraph 66 (housing mix) of the NPPF (2024).

As highlighted by Paragraphs 8.5 and 8.59 of the Committee Report, the application site is within the identified settlement boundary of Hinckley in a sustainable location in transport terms. Therefore, the proposal is compliant with the sustainability ambitions of key policy Paragraphs 110 (sustainable travel) and 115 (assessing sites) of the NPPF (2024).

Paragraphs 8.32 and 8.56 of the Committee Report confirm that the scheme ensures that the existing building continues to contribute positively to the character and heritage significance of the Hollycroft Conservation Area, and the proposal does not result in any significant adverse impacts of the residential amenity of neighbouring residents or the future occupants of the scheme. As a result, the proposal is compliant with key policy Paragraphs 129 (making efficient use of land), 135 (criteria for achieving well-designed places) and 139 (balancing design considerations) of the NPPF (2024).

Given that the Council can no longer demonstrate a 5YHLS, further weight should be given to this application’s provision of 40 dwellings.

The revisions to the NPPF have altered the paragraph numberings referenced in the committee report. The paragraphs which have been revised in the latest edition of the NPPF, which have been included within the committee report are detailed below:

·                                            Paragraph 70 of the NPPF is now Paragraph 73.

·                                            Paragraph 205 of the NPPF is now Paragraph 212.

·                                            Paragraph 206 of the NPPF is now Paragraph 213.

·                                            Paragraph 212 of the NPPF is now Paragraph 219.

·                                            Paragraph 225 of the NPPF is now Paragraph 232.

Planning History

The application reference for the previous planning application within the site highlighted at Paragraph 4.1 of the Committee Report is incorrect. The application reference is 16/00503/FUL. The scheme was not determined and returned back to the Applicant on 29 March 2018 due to their failure to agree to an extension of time or to progress the application forward since 24 July 2017.

Conditions

On 04 December 2024, the Applicant submitted revised plans for the Proposed Site Plan, Proposed OS Plan and the Proposed Landscaping Layout to ensure Parking Bay 01 is 3m in width. In light  ...  view the full agenda text for item 313

Application for change of use from cinema to 40 one-bedroom apartments with associated car parking and landscaping.

Two objectors and the applicant spoke on this application.

Members expressed concern about the lack of parking provision on the site which would exacerbate the on-street parking problems in the area. It was moved by Councillor Bray and seconded by Councillor Allen that the application be deferred to allow for further discussion on parking provision. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – the application be deferred.