Agenda and minutes

Planning and Development Control Committee - Wednesday, 21 August 2024 5:30 pm

Venue: Meeting Rooms G.01 and G.02, Ground Floor, City Hall, 115 Charles Street, Leicester, LE1 1FZ

Contact: Jessica Skidmore, Governance Services Officer, email:  jessica.skidmore@leicester.gov.uk  Sharif Chowdhury, Senior Governance Services Officer, email:  sharif.chowdhury@leicester.gov.uk

Media

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Additional documents:

Minutes:

Councillor Aldred, as Chair, welcomed those present and led on introductions.

 

Apologies were received from Councillors Joel, Kennedy-Lount, Kitterick and Surti.

 

Councillor Bonham and Councillor Halford were noted to be in attendance as substitutes for Councillor Surti and Councillor Joel.

 

 

2.

DECLARATIONS OF INTEREST

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.

Additional documents:

Minutes:

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

 

Councillor Mohammed declared that the first application regarding 62 Evington Valley Road, resided in his ward but maintained an open mind.

 

Councillor Bonham declared that he had been involved in discussions regarding items on the agenda but maintained an open mind.

 

Councillor Aldred declared that she had received an email regarding 62 Evington Valley Road, but maintained an open mind.

3.

PLANNING APPLICATIONS AND CONTRAVENTIONS pdf icon PDF 79 KB

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.

Additional documents:

Minutes:

The Chair noted that the items would be taken according to the order listed on the agenda.

3a

20240579 62 EVINGTON VALLEY ROAD pdf icon PDF 162 KB

Additional documents:

Minutes:

20240579 - 62 Evington Valley Road, Unit 14 Ground Floor

Ward: Stoneygate

Proposal: Retrospective application for change of use of the ground floor from religious, education and community use (Use Class F2) to wedding and events venue (Sui generis),external alterations to the front facade

Applicant: Mr Salman Patel

 

The Planning Officer presented the report.

 

Mr George Weightman, on behalf of the application, addressed the Committee and spoke in support of the application.

 

Mr Miah and Mr Azeem 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 and the addendum report, the application be approved, subject to conditions as suggested in the addendum report. This was seconded by Councillor Cassidy, and upon being put to the vote, there were 4 Members of the Committee who voted to support the application and 4 Members of the Committee that voted to reject the application. Following the Chairs casting vote, the motion was CARRIED.

 

RESOLVED: That the application be APPROVED subject to the conditions set out below:

 

CONDITIONS

 

1.         Within 6 months of the date of this consent, all parking areas shall be surfaced and marked out in accordance with details shown on plan 1195-MPD-XX-ZZ-DR-A-1101 revision P02 received by the City Council as Local Planning Authority on 16 May 2024, and shall be retained for parking and not used for any other purpose. (To ensure that parking can take place in a satisfactory manner, and in accordance with saved policy AM11 of the City of Leicester Local Plan and Core Strategy policies CS03, CS14 and CS15.)

 

2.         The use shall not be carried on (except preparation of events and cleaning/taking down after the events) outside the hours of 0800-2300 Monday to Saturday and 0900-2100 on Sundays. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)

 

3.         The use shall only operate in accordance with the details shown in the Noise Management Plan received by the City Council as local planning authority on 24 July 2024. (In the interests of the residential amenity of the occupiers of nearby properties and in accordance with saved policy PS10 of the City of Leicester Local Plan.)

 

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

            Proposed Elevations, 1195-MPD-XX-ZZ-DR-A-1400, rev P02 received 16 May 2024

            Proposed Ground Floor Plan, 1195-MPD-XX-ZZ-DR-A-1200, rev P02 received 16 May 2024

            Location Plan and Proposed Site Plan, 1195-MPD-XX-ZZ-DR-A-1101 rev P02, received 16 May 2024

            (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 representations that may have been received. This planning application has been the subject  ...  view the full minutes text for item 3a

3b

20240386 42 SOUTHERNHAY pdf icon PDF 171 KB

Additional documents:

Minutes:

20240386 - 42 Southernhay Road

Ward: Knighton

Proposal: Demolition of existing dwelling; construction of detached two storey dwelling (6 beds) (Class C3)

Applicant: Mr Dhillon

 

The Planning Officer presented the report.

 

Ms Domin addressed the Committee and spoke in objection to the application.

 

Councillor Whittle addressed the Committee and spoke in opposition to the application.

 

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

 

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

 

RESOLVED: That the application be APPROVED subject to the conditions set out below:

 

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 works above ground level, the proposed bricks to be used on all external elevations shall be submitted to and approved by the City Council as local planning authority. (In the interests of visual amenity, and in accordance with Core Strategy policy CS03).

 

3.         Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no enlargement, improvement or other alteration to any dwelling house of types specified in (amend as necessary e.g. Part 1, Classes A, B, and E of)  Schedule 2 to that Order shall be carried out without express planning permission having previously been obtained. (Given the nature of the site, the form of development is such that work of these types may be visually unacceptable or lead to an unacceptable loss of amenity to occupiers of neighbouring properties; and in accordance with policy PS10 of the City of Leicester Local Plan).

 

4.         Before the occupation of the proposed extension new windows facing 40 and 44 Southernhay Road shall be fitted with sealed obscure glazing to Pilkington level 4 or 5 (or equivalent) (with the exception of top opening light) and retained as such. (In the interests of the amenity of occupiers of 40 and 44 Southernhay Road and in accordance with policy PS10 of the City of Leicester Local Plan).

 

5.         Prior to the commencement of development full details of the Sustainable Drainage System (SuDS) together with implementation, long term maintenance and management of the system shall be submitted to and approved by the local planning authority. No flat/property shall be occupied until the system has been implemented. It shall thereafter be managed and maintained in accordance with the approved details. Those details shall include: (i) full design details, (ii) a timetable for its implementation, and (iii) a management and maintenance plan for the lifetime of the development, which shall include the arrangements for adoption by any public body or  ...  view the full minutes text for item 3b

3c

20240612 23 MERTON AVENUE pdf icon PDF 108 KB

Additional documents:

Minutes:

20240612 - 23 Merton Avenue

Ward: Fosse

Proposal: Replacement of timber windows and doors to UPVC windows and doors at rear of dwellinghouse (Class C3)

Applicant: Mrs Rakhi Ward

 

The Planning Officer presented the report.

 

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

 

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

 

RESOLVED: That the application be APPROVED subject to the conditions set out below:

 

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 shall be carried out in accordance with the approved external materials and details and retained as such. This should include:

            - Vertical sliding sash windows, 'bottom smaller window', and ‘Patio door’ (as described in the proposed elevation plans) shall be upvc with a cream woodgrain effect shall be upvc with a cream woodgrain effect: and

            - ‘Kitchen door (as labelled in the proposed elevation plans) to be upvc with a Chartwell Green (or similar) woodgrain effect

            as shown in the proposed elevations ‘proposed windows and doors’ received on the 2nd April 2024. (In the interests of visual amenity, and to preserve the character of St Paul's Conservation Area in accordance with Core Strategy policy CS03.)

 

  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 representations that may have been received. This planning application has been the subject of positive and proactive discussions with the applicant during the process (and/or pre-application).

            The decision 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 2023 is considered to be a positive outcome of these discussions.

 

3d

20240332 288 EVINGTON ROAD pdf icon PDF 171 KB

Additional documents:

Minutes:

20240332 - 288 Evington Road

Ward: Stoneygate

Proposal: Demolition of conservatory; construction of two storey extension at side; dormer at rear of house (Class C3); alterations (Amendments received)

Applicant: Mr Peter Soulsby

 

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 the points raised by Members of the Committee and moved that in accordance with the Officers recommendation, the application be approved subject to the conditions set out in the report. This was seconded by Councillor Halford and upon being put to the vote, the motion was CARRIED.

 

RESOLVED: That the application be APPROVED subject to the conditions set out below:

 

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 materials to match those existing. (In the interests of visual amenity, and in accordance with Core Strategy policy CS03.)

 

3.         The development shall be carried out in accordance with the recommendation outlined in Section 7 of the supplied tree survey and report and the tree protection plan received by the city council as local planning authority on the 19th February. (In the interest of biodiversity and in accordance with Core Strategy policy CS17, saved policy UD06 of the 2006 Local Plan and paragraph 136 of the National Planning Policy Framework 2023).

 

4.         The development shall be carried out in accordance with the recommendation outlined in appendix 01 of the approved Preliminary Bat Roost Assessment received by the Local Planning Authority on 29 July 2023. Should the development not be carried out within 24 months of the original report then a repeat survey shall be carried out and submitted to and agreed in writing with the City Council as local planning authority. (In the interest of biodiversity and in accordance with Core Strategy policy CS17 and section 15 of the National Planning Policy Framework 2023).

 

5.         Prior to the commencement of development full details of the Sustainable Drainage System (SuDS) together with implementation, long term maintenance and management of the system shall be submitted to and approved by the local planning authority. The extension shall not be occupied until the system has been implemented. It shall thereafter be managed and maintained in accordance with the approved details. Those details shall include: (i) full design details, (ii) a timetable for its implementation, and (iii) a management and maintenance plan for the lifetime of the development, which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the system throughout its lifetime. (To reduce surface water runoff and to secure other related benefits in accordance with policy CS02 of the Core Strategy). (To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT  ...  view the full minutes text for item 3d

4.

ANY URGENT BUSINESS

Additional documents:

Minutes:

There being no further urgent business, the meeting closed at 19:47pm.