Agenda item

Redevelopment of band practice facilities including demolition of existing rehearsal halls and erection of new extension to provide larger rehearsal halls, including reconfiguration at basement level to provide new band practice, changing and storage facilities for the bands of the Foot Guards.

Additional representations were received from the Presenting Officer (15.03.24). The representation included the following additional conditions and informatives:

           Conditions:

18.      {\b Pre Commencement Condition}. No demolition shall take place until the results of a bat emergence/re-entry surveys have been submitted to and approved by the City Council as local planning authority in consultation with Natural England.

If the results of the surveys show that no roosting bats are present, works can commence on site.

If the results show the presence of roosting bats, no demolition works shall take place until the applicant obtains a Licence from Natural England and details of the proposed mitigation measures. A copy of this Licence must be submitted to the City Council before any demolition takes place and the development must be carried out in accordance with this Licence at all times.

Reason:

The submitted ecological report has identified One building on site and three buildings beyond (but adjacent to) to the site as having moderate potential for roosting bats and therefore emergence/ re-entry surveys are required to demonstrate whether bats are present. Bats are protected under the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017 and to ensure that the development complies with Policy 34 of the City Plan 2019- 2040 April 2021).

19.      The development shall be carried out in accordance with the recommended enhancements for biodiversity set out in the approved ecological report. Details of the proposed bird and bat boxes and the creation of new habitats shall be submitted to and approved by the City Council as local planning authority before any construction works commence. The development shall be carried out in accordance with these approved details prior to the use of the building.

Reason:

To reduce the impact of the proposed development on biodiversity and to secure improvements for biodiversity as set out in Policy 34 of the City Plan 2019-2040 (April 2021).

           Informatives:

13.      You are advised that demolition and vegetation removal activities should be restricted to between late August and mid-February, which is outside the nesting season for most UK bird species. If this is not possible, a check for nesting birds must be conducted (by a suitably qualified ecologist) prior (within 48 hours) to works commencing. This is to ensure no offences are committed under the Wildlife and Countryside Act 1981 (as amended).

14.      The Ecological Assessment recommends that an ecologist be involved in the detailed design of any landscape planting proposals for the proposed development to maximise the value of this planting for wildlife.

The Presenting Officer tabled the following revision to the recommendations:

Revised Recommendations:

1.     Grant conditional permission;

2.     Authorise the making of a draft Order pursuant to Section 247 of The Town and Country Planning Act (1990) (as amended) for the stopping up of parts of the public highway to enable this development to take place.

3.     Authorise the Director of City Highways, Executive Director of Environment, Climate and Public Protection, or other such proper officer of the Council responsible for highway functions, to take all necessary procedural steps in conjunction with the making of the Order and to make the Order as proposed if there are no unresolved objections to the draft Order.

RESOLVED UNANIMOUSLY:

1.     That conditional planning permission be granted.

2.     That the Committee authorised the making of a draft Order pursuant to Section 247 of The Town and Country Planning Act (1990) (as amended) for the stopping up of parts of the public highway to enable this development to take place.

3.    That the Committee authorised the Director of City Highways, Executive Director of Environment, Climate and Public Protection, or other such proper officer of the Council responsible for highway functions, to take all necessary procedural steps in conjunction with the making of the Order and to make the Order as proposed if there are no unresolved objections to the draft Order.

4.     That an informative be added requesting that replacement trees are of a similar stature to the trees being replaced.

5.     That a Condition be added requiring the green roof to be provided, maintained, and retained.