Agenda and minutes

Apologies had been received from Councillor Kennedy-Lount.

Councillor Dave substituted for Councillor Kitterick and Councillor March substituted for Councillor Joel.

Members will be asked to declare any interests they may have in the business to be discussed on the Agenda.

Members will be aware of the Code of Practice for Member involvement in Development Control decisions. They are also asked to declare any interest they might have in any matter on the committee agenda and/or contact with applicants, agents or third parties. The Chair, acting on advice from the Monitoring Officer, will then determine whether the interest disclosed is such to require the Member to withdraw from the committee during consideration of the relevant officer report.

Members who are not on the committee but who are attending to make representations in accordance with the Code of Practice are also required to declare any interest.  The Chair, acting on advice from the Monitoring Officer, will determine whether the interest disclosed is such that the Member is not able to make representations.  Members requiring guidance should contact the Monitoring Officer or the Committee's legal adviser prior to the committee meeting.

Members were asked to declare any interests they had in the business on the agenda.

Councillor Agath declared an interest in planning application 20250991 - 53 Helena Crescent, where residents had been in contact. The Councillor remained open-minded on the application.

Councillor Singh Patel declared she received communication from the applicant for planning application 20250991 - 53 Helena Crescent but remained open-minded for the application.  

There were no other declarations of interest.

Members are asked to confirm that the minutes of the meeting of the Planning and Development Control Committee held on 2 July 2025 are a correct record.

RESOLVED:

That the minutes of the meeting of the Planning and Development Control Committee held 2 July 2025 be confirmed as a correct record.

The Committee is asked to consider the recommendations of the Director, Planning, Development and Transportation contained in the attached reports, within the categories identified in the index appended with the reports.

20250666 - 118 Ashton Green Road

Ward: Beaumont Leys

Proposal: Change of use from dwellinghouse (Class C3) to residential childrens care home for up to 2 persons (Class C2)

Applicant: Mrs Kaur

The Planning Officer presented the report.

Sachin Basarkar addressed the Committee and spoke in opposition to the application.

Members of the Committee considered the application and Officers responded to questions and queries raised by the Committee

RESOLVED: That the application be refused on following grounds:

The proposal will result in a further loss of large family housing. The loss of the larger family dwellinghouse would be unacceptable in light of the evidenced need for additional large family dwellings in the city, undermining the Council's housing strategy, contrary to adopted Core Strategy policies CS06 and CS08.

20250991 - 53 Helena Crescent

Ward: Abbey

Proposal: Change of use from dwellinghouse (Class C3) to residential children's home (Class C2) for two children under 18; bin and bike stores

Applicant: Mr Keith Fungai Rusike

The Planning Officer presented the report.

Faizal Osman addressed the Committee and spoke in support of the application.

Chantelle Roberts spoke in opposition to the application.

Members of the Committee considered the application and Officers responded to questions and queries raised by the Committee.

RESOLVED: permission was granted subject to conditions

            CONDITIONS

1.         The development shall be begun within three years from the date of this permission. (To comply with Section 91 of the Town & Country Planning Act 1990.)

2.         Prior to the commencement of the approved use of the property as a Class C2 care home, sound insulation as described in the Noise Impact Report (NIA0016, 13/06/25) shall be applied to all shared walls with the adjoining property (55 Helena Crescent). The sound insulation shall be retained thereafter at the same acoustic performance. (To safeguard amenity at the adjoining semi-detached house, and in accordance with policies PS10 & PS11 of the City of Leicester Local Plan (2006)).

3.         Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, as amended, or any order amending or revoking and replacing that Order with or without modification, the premises shall not be used for any purpose other than for a care home within Class C2 of the Order, unless otherwise approved in writing by the local planning authority. (To enable consideration of the amenity, parking and highway safety impacts of alternative Class C2 uses, in accordance with Policies CS03, CS08 and CS14 of the Leicester Core Strategy

            (2014) and saved Policy PS10 of the Local Plan (2006)).

4.         The premises shall not accommodate any more than 2 residents in care at any one time. (To enable consideration of the amenity of residents and parking impacts of a more intensive use, in accordance with Policy CS14 of the Leicester Core Strategy (2014) and saved Policy PS10 of the Local Plan (2006).

5.         Development shall be carried out in accordance with the following approved plans:

            - Location Plan, Received 16/06/25

            - Proposed Block Plan, 002, Received 16/06/025

            - Proposed Ground Floor Plan, 004, Receievd 16/06/2025

            - Proposed First Floor Plan, 005, Receieved 16/06/2025

            - Proposed Front and Side Elevation, 006, Received 16/06/2025

            - Proposed Rear Elevation, 007, Section A'A

            - Proposed Bin/Cycle Store Elevations, 008, Received 16/06/2025

            - Proposed Tree Plan, 009, Received 16/06/2025

            (For the avoidance of doubt).

            NOTES FOR APPLICANT

1.         There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply.

            Based on the information available, this permission is considered to be one which will not require the approval of a biodiversity gain plan before development is begun because the following statutory exemption/transitional arrangement is considered to apply:

            Development below the de minimis threshold, meaning development which:

            i) does not impact an onsite priority habitat (a habitat  ...  view the full minutes text for item 5a

20250570 - York Street, Yoho

Ward: Castle

Proposal: Change of use from 132 student flats and ancillary spaces (sui generis) to 118 managed short term residential accommodation units and ancillary spaces (sui generis) (amended 23.06.25)

Applicant: Mr Ben Pearce

The Planning Officer presented the report.

Chris Lindley addressed the Committee and spoke in support to the application.

Paulo Vargui addressed the Committee and spoke in opposition to the application.

Councillor Kitterick also spoke in opposition to the application.

Members of the Committee considered the application and Officers responded to questions and queries raised by the Committee.

RESOLVED: Approval delegated to officers subject to the conditions set out below subject to receipt of confirmation of no objections from the Health and Safety Executive

            CONDITIONS

1.         The development shall be begun within three years from the date of this permission. (To comply with Section 91 of the Town & Country Planning Act 1990.)

2.         The development hereby approved shall only be used as the managed short term residential accommodation and ancillary spaces permitted and none of the units shall be occupied longer than 18 consecutive months by any referred service user. A register of occupancy shall be maintained on site and made available to the local planning authority for inspection at any time (in the interests of the amenity of future occupiers and in accordance with Core Strategy policy CS03 and saved City of Leicester Local Plan Policy PS10 and the objectives of Paragraph 135 of the National Planning Policy Framework).

3.         The development hereby approved shall have no more than 4 units occupied by childless couples at any one time. A register of occupancy shall be maintained on site and made available to the local planning authority for inspection at any time (in the interests of the amenity of future occupiers and in accordance with Core Strategy policy CS03 and saved City of Leicester Local Plan Policy PS10 and the objectives of Paragraph 135 of the National Planning Policy Framework).

4.         The development hereby approved shall be carried out in accordance with the amended Asset Management Plan dated 20.06.25 and received by the City Council as local planning authority on 20.06.25. The Asset Management Plan shall be adhered to throughout the lifetime of the development unless a future or updated management plan is submitted to and agreed in writing by the local planning authority and published online on the Planning Application database. Where a future or updated management plan is agreed, the use shall be continued in accordance with that agreed future or updated management plan (in the interests of achieving healthy, inclusive and safe places that promote health and well-being, and in the interests of the amenity of occupiers and neighbouring properties and in accordance with the objectives Paragraphs 135 and 96 of the National Planning Policy Framework).

5.         Prior to the occupation of the development Terms of Reference (from the Operator) for proactive engage with all relevant stakeholders, including but not limited to ensuring points of contact are in place  ...  view the full minutes text for item 6.

20250657 - 18 Mendip Avenue

Ward: Abbey

Proposal: Construction of single storey extension at rear of house (Class C3), alterations

Applicant: Mr Daniel Townsend

The Planning Officer presented the report.

There were no speakers in support or in objection.

Members of the Committee considered the application and Officers responded to questions and queries raised by the Committee.

RESOLVED: permission was granted subject to conditions

            CONDITIONS

1.         The development shall be begun within three years from the date of this permission. (To comply with Section 91 of the Town & Country Planning Act 1990.)  

2.         Development shall be carried out in accordance with the following approved plans

            Proposed Floor Plan, received 16/04/2025

            Proposed Rear Elevation, received 16/04/2025

            Proposed Elevation A-A, received 16/04/2025

            Proposed Site Plan, received 16/04/2025

            (For the avoidance of doubt).

            NOTES FOR APPLICANT

1.         There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply.

            Based on the information available this permission is considered to be one which will not require the approval of a biodiversity gain plan before development is begun because the following statutory exemption/transitional arrangement is considered to apply:

            Development which is subject of a householder application within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. A "householder application" means an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse which is not an application for change of use or an application to change the number of dwellings in a building.

2.         It is recommended  that care is taken during works should any bats or birds or their roosts or nests be discovered on or adjacent to the building or rooftop. In such a case, it is recommended that advice from a qualified ecologist should be sought before proceeding with works, given environmental protection legislation. Bats can roost or be present in roof structures of buildings or in crevices of walls. Further information on bats and the law can be found by searching for Bats: protection and licences - GOV.UK (www.gov.uk). Further information on birds and the law can be found by searching for Wild birds: protection and licences - GOV.UK (www.gov.uk)

3.         The City Council, as local planning authority has acted positively and proactively in determining this application by assessing the proposal against all material planning considerations, including planning policies and representations that may have been received and subsequently determining to grant planning permission with appropriate conditions taking account of those material considerations in accordance with the presumption in favour of sustainable development as set out in the NPPF 2024.  

There being no other urgent business, the meeting closed at pm.

As there was no other urgent business, the meeting closed at 20:02.