Agenda and minutes

Apologies were received from Councillor Kennedy-Lount.

Councillor Mohammed was substituted by Councillor Cassidy.

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 21 January 2026 are a correct record.

RESOLVED:

That the minutes of the meeting of the Planning and Development Control Committee held 21 January 2026 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.

The Chair noted that the order of the agenda had been amended and the meeting would proceed as follows:

1.    172 Fosse Road North

2.    20a Vulcan Road

3.    38 South Kingsmead Road

20251299 - 172 Fosse Road North

Ward: Fosse

Proposal: Change of use from shop (Class E) to restaurant and hot food takeaway (Class E/Sui Generis); installation of extraction flue at rear (amendments received 03/11/2025)

Applicant: Mr Khasraw Abdalla Seed

The Planning Officer presented the report.

Mr Khasraw Abdalla Seed and Jheir Abdulla spoke in support to the application.

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

The Chair summarised the application and points raised by Committee Members and moved that the application be approved. This was seconded by Councillor Moore, 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.         The proposed extraction flue shall be constructed in facing bricks to match the existing building. (In the interests of visual amenity and the setting of the locally listed heritage asset, and in accordance with Core Strategy Policies CS3 and CS18.)

3.         The development shall be carried out in accordance with the details and recommendations set out in the Kitchen Odour Assessment (KOA) document P9121-R2-V1 (dated 03/10/25). (To ensure proper dispersal of odours, in the interests of residential amenity, and in accordance with saved Policies PS10 and PS11 of the City of Leicester Local Plan (2006).)

4.         Prior to the commencement of works on site, details of the chosen mitigation measures as recommended in the Noise Impact Assessment (NIA) document P9121-R1-V1 (dated 03/10/25) shall be submitted to and approved in writing by the Noise and Pollution Control Team (NPCT). The approved measures shall be installed prior to the occupation of the premises and retained thereafter. (To ensure an acceptable level of noise, in the interests of residential amenity, and in accordance with saved Policies PS10 and PS11 of the City of Leicester Local Plan (2006).)

5.         The use shall not be carried on outside the hours of 07:30 - 23:00 daily. (In the interests of the amenities of nearby occupiers, and in accordance with saved policies PS10 and PS11 of the City of Leicester Local Plan (2006))

6.         The bin storage area shall be provided as shown on the approved plans prior to the first occupation of the premises as a hot food takeaway and shall be retained thereafter. The bins shall not be stored elsewhere on the site or in the alleyway. (In the interests of the amenities of nearby occupiers, and in accordance with saved Policy PS10 of the City of Leicester Local Plan (2006).)

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

            Proposed Plans and Elevations, 0801/03C, received 03/11/2025

            (For the avoidance of doubt).

            NOTES FOR APPLICANT

1.         The City Council, as local planning authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any  ...  view the full minutes text for item 4a

20250173 - 20a Vulcan Road, Land Adjacent

Ward: North Evington

Proposal: Change of use from public open space to dwellinghouses; construction of two-storey building to contain five flats (5 x 1 bed) (Class C3) (Amended plans received 13 August 2025)

Applicant: Mr J Sindhi

The Planning Officer presented the report.

The Chair advised that Khairunnisa Mukaddam, an objector, had registered to speak on the application and joined the meeting via the remote link. However, due to technical difficulties, the Committee was unable to hear the speaker. Officers attempted to resolve the issue, and the agenda was briefly reordered to allow time for this, but the matter could not be resolved. The Committee was advised that, in accordance with the Council’s Planning Public Speaking Guide, where a remote connection cannot be established the written representations previously submitted would still be considered and the meeting would proceed to determine the application at the Chair’s discretion. The Committee therefore proceeded to consider the application.

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

The Chair summarised the application and points raised by Committee Members and moved that the application be  approved. This was seconded by Councillor Agath, 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.         Before the development is begun, the materials to be used on all external elevations and roofs shall be submitted to and approved by the City Council as local planning authority, and implemented in accordance with the agreed details. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

3.         Before the occupation of the proposed extension new windows on the rear and side elevations shall be fitted with sealed obscure glazing to Pilkington level 4 or 5 (or equivalent) (with the exception of any top opening light) and retained as such. (In the interests of the amenity of occupiers of future occupiers of the properties and the occupiers of Sherrard Road and Mount Road and in accordance with policy PS10 of the City of Leicester Local Plan).

4.         Prior to occupation of any flats, glazing and ventilation shall be installed in accordance with the details set out in Section 4 & 5 of the Noise Impact Assessment by PEAK acoustics ref:0511243NR submitted on 29 January 2025 and retained at the same acoustic performance throughout the lifetime of the development unless otherwise agreed in writing with the City Council as local planning authority. (To protect future occupiers from disturbance and in accordance with saved Local Plan policy PS10).

5.         No construction or demolition work, other than unforeseen emergency work, shall be undertaken outside of the hours of 0730  ...  view the full minutes text for item 4b

20260007 - 38 South Kingsmead Road

Ward: Knighton

Proposal: Demolition of garage at rear; construction of single storey extension at side and rear; construction of canopy at rear; proposed decking at rear of house (Class C3); alterations

Applicant: Caroline Welsh + Andy Leitch

The Planning Officer presented the report.

There were no additional speakers on the application.

Members of the Committee considered the report and Officers responded

to the comments and questions raised.

The Chair summarised the application and points raised by Committee

Members and moved that the application be approved. This was seconded

by Councillor Dr Moore, 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.         The external elevations shall be constructed in facing bricks to match those existing. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.)

3.         Before the occupation of the proposed extension new window facing 40 South Kingsmead Road shall be fitted with sealed obscure glazing to Pilkington level 4 or 5 (or equivalent) (with the exception of any top opening light) and retained as such. (In the interests of the amenity of occupiers of 40 South Kingsmead Road and in accordance with policy PS10 of the City of Leicester Local Plan).

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

            Location and Block Plan - 136(02)04 Rev P2 received 19/01/2026

            Proposed Ground Floor - 136(08)01 Rev P2 received 19/01/2026

            Proposed South and Patio Elevation - 136(08)03 Rev P2 received 19/01/2026

            Proposed East and North Elevation - 136(02)02 Rev P1 received 05/01/2026

            (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.         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  ...  view the full minutes text for item 4c

There being no other urgent business the meeting closed at 18:10pm.