Agenda item

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 provided at an annual cost of £375. This would allow future residents to utilise any of the existing long-term car parks in Hinckley at any time, with the exception of Castle Street Car Park. However, LTPSP’s do not guarantee the future residents of the scheme a parking space.

Section 106 Suggested Wording

It is considered appropriate that the Applicant initially provides additional offsite parking spaces. The information above sets out the total on-site and offsite capacity for up to one space per flat.

The Applicant has agreed to either initially purchase up to 28 car parking permits or provide bus passes and travel packs. This will need to be secured via a S106 agreement and the Local Planning Authority consider it reasonable for any future resident to have to contribute to the cost of their requested permit if needed. The exact wording of this obligation is to be agreed by the Head of Planning.

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.