Agenda and minutes

The Chair, Councillor Surti, welcomed those present to the meeting.

There were three substitutions, Councillor Bajaj for Councillor Joel, Councillor Chauhan for Cllr Singh Patel and Councillor Porter for Councillor Kennedy-Lount.

Members are 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.

There were no declarations of interest.

Members are asked to confirm that the minutes of the meeting of the Planning and Development Control Committee held on 12 February 2025 are a correct record.

RESOLVED:

That the minutes of the meeting of the Planning and Development Control Committee held 12 February 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.

20242120 - 69 Bryony Road

Ward: Humberstone & Hamilton

Proposal: Change of use from dwellinghouse (Use Class C3) to residential children's home (Use Class C2) to accommodate a maximum of three children

Applicant: Mr Singh

The Planning Officer presented the report.

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

Hasnain Merchant 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.

The Chair summarised the application and points raised by Committee Members and moved that in accordance with the Officer recommendation, the application be approved. This was seconded by Councillor Aldred, and upon being put to the vote, the motion was CARRIED.

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.         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)).

3.         The premises shall not accommodate any more than 3 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).

4.         Development shall be carried out in accordance with the submitted plans received by the City Council as Local Planning Authority on 02/12/2024.

            (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 specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and

            ii) impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).

2.         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  ...  view the full minutes text for item 5.

20240308 - 80 Wharf Street South

Ward: Castle

Proposal: Part demolition; Conversion of 80 Wharf Street South & construction of 6 storey building to form flatted residential development (Class C3); associated access and landscaping (amended plans)

Applicant: Mr Mohammed Al Rais

The Planning Officer presented the report.

There were no speakers on this item.

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

The Chair summarised the application and points raised by Committee Members and moved that in accordance with the Officer recommendation, the application be approved. This was seconded by Councillor Mohammed, and upon being put to the vote, the motion was CARRIED.

RESOLVED: Agreed Delegation to officers to approve subject to receipt of satisfactory bat surveys and as per addendum with additional Note to applicant

            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 proceed in strict accordance with all recommendations within Section 4 of the "Demolition Method Statement for the part of the building to be demolished adjacent to the building to be retained" (PRP, ref 82592-06) (to ensure the locally listed building is not adversely impacted by demolition works, in accordance with Core Strategy policy CS18).

3.         Prior to the commencement of development other than demolition, a materials sample panel drawing (at a scale of 1:20), a materials specification schedule of all external materials used in building works and boundary treatments including gates, and design details of the Juliet balconies shall be submitted to and approved in writing by the local planning authority. Prior to the construction of any above ground works of the new buildings, the approved sample panel shall be constructed on site, showing all external materials, including brick, brick bond and mortar colour and thereafter approved in writing by the City Council as local planning authority. The development shall be constructed in strict accordance with the approved sample panel and materials specifications. (In the interest of visual amenity and character and appearance of the area and in accordance with Core Strategy policy CS03).

4.         Details of all alterations, improvements and restoration works to 80 Wharf Street South, shall be submitted to and approved in writing by the local planning authority prior to any such works taking place. The details shall include detailed cross-section drawings, samples of any new bricks or cast stone, a sample panel that demonstrates the mortar mix and pointing. details of materials specifications, and details of conservation cleaning. The development shall be carried out in strict accordance with the approved details. (In the interest of heritage and building conservation, in accordance with Core Strategy policies CS03 and CS18).

5.         Prior to commencement of works above slab level and notwithstanding the submitted details, a detailed landscaping plan shall be submitted to and approved in writing by the local planning authority. This shall include:

            (i) new tree and shrub planting, including plant  ...  view the full minutes text for item 6.

20250190 - 2 & 4 Havelock Street

Ward: Saffron

Proposal: Change of use from two dwellings (Class C3) to residential care homes (Both Class C2) (Both max 2 residents in care)

Applicant: Sublime Care Solution Limited

The Planning Officer presented the report.

Members of the Committee considered the report and Officers responded to the comments and queries raised.

The Chair summarised the application and points raised by Committee Members and moved that in accordance with the Officer recommendation, the application be refused. This was seconded by Councillor Cassidy, and upon being put to the vote, the motion was CARRIED.

RESOLVED: permission was refused

            REASONS FOR REFUSAL

1.         Given the cumulative impacts in relation to disturbance, parking, and character of the use of the properties resulting from additional comings and goings and managed nature of the 2 proposed residential care dwellings in this dense locality, the proposal would result in significant erosion to the residential character of the area, contrary to Local Plan 2006 saved policy PS10, Core Strategy 2014 policy CS03, and National Planning Policy Framework 2024 paragraph 135.

2.         The dwellings would not provide suitable outdoor amenity space for residents in care, resulting in unacceptably poor living conditions. The proposal would therefore be contrary to National Planning Policy Framework 2024 paragraph 135f.

            NOTES FOR APPLICANT

1.         The City Council engages with all applicants in a positive and proactive way through specific pre-application enquiries and the detailed advice available on the Council’s website. On this particular application advice was given at pre-application process. The City Council has determined this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received. As the proposal was clearly unacceptable and could not be reasonably amended it was considered that further discussions would be unnecessary and costly for all parties.

There being no other urgent business, the meeting closed at 20.05.