Agenda item

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 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 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.