Agenda and minutes

Apologies for absence were received from Councillor Fonseca.

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 in the business on the agenda, including under the Council’s Code of Practice for Development Control Decisions.

Councillors introduced themselves and made the following declarations:

Councillor Shelton declared that in relation to application 20141811, Greenhithe Road, Riverside Dyeworks, he had spoken to a resident who had complained about the dyeworks; however her complaint was not in relation to the planning application.

Councillor Joshi declared that application 20150167, 42 Vicarage Lane was in the Belgrave Ward, where he was a ward councillor. He had an open mind on the application.

Councillor Kitterick declared that in relation to application 20150361, 95 and 173 Avenue Road Extension, Baitul Ikram Mosque, a number of objectors had attended his ward surgery, but he had expressed no opinion on the application. He had invited a planning officer to come along and discuss the plans. He added that the Members of the committee had been involved in previous discussions relating to Lancaster Place.

The minutes of the meeting of the Planning and Development Control Committee held 1 April 2015 have been circulated and Members are asked to confirm them as a correct record.

RESOLVED:

that the minutes of the previous meeting of the Planning and Development Control Committee held on 1 April 2015 be confirmed as a correct record.

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

The Chair explained that he would take the planning applications and reports out of the order given in the agenda, due to the attendance of officers, ward, councillors and members of the public who had registered to speak in objection to applications, and in the interests of people in the public gallery.

RESOLVED:

that the report of the Director of Planning, Transportation and Economic Development dated 22 April 2015 on applications and Planning Inspectorate Appeal Decisions, together with the supplementary reports and information reported verbally by officers, be received and action taken as below:

Ward: Fosse

Proposal: DEMOLITION OF EXISTING FACTORY BUILDING AND REDEVELOPMENT WITH A TERRACE OF NINE HOUSES (9 X 3 BED) (AMENDED)

Applicant: MR IQBAL GAFFAR

During the deliberation of this application, the Chair called for a brief adjournment between 5.39 and 5.44 pm, to allow time for officers to investigate technical problems with the sound equipment.

Councillor Cassidy addressed the committee in respect of the application.

Members considered the application and officers responded to the comments and queries raised. Officers drew Members’ attention to the amended recommendation as detailed in the Supplementary Report.

RESOLVED:

that the application be APPROVED IN PRINCIPLE, with the decision delegated to officers subject to the receipt of additional information in respect of flood risk being received and being acceptable, and the conditions 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.           No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority.  The details shall include the preparation of a one square sample of the proposed brickwork at the site for inspection by the local planning authority.  Development shall be carried out in accordance with the approved details.

              (To ensure only appropriate materials are used on the exterior of the building, in the interests of the appearance of the development, in accordance with the aims of Core Strategy policy CS03)

3.           No development shall take place until a site investigation of the nature and extent of contamination has been carried out in accordance with a methodology which has previously been submitted to and approved in writing by the local planning authority.  The results of the site investigation shall be made available to the local planning authority before any development begins.  If any contamination is found during the site investigation, a report specifying the measures to be taken to remediate the site to render it suitable for the development hereby permitted shall be submitted to and approved in writing by the local planning authority.  The site shall be remediated in accordance with the approved measures before development begins. 

              If, during the course of development, any contamination is found which has not been identified in the site investigation, additional measures for the remediation of this source of contamination shall be submitted to and approved in writing by the local planning authority.  The remediation of the site shall incorporate the approved additional measures.

              (To ensure the site is free from contamination in the interests of public health and safety and in accordance with policy PS11 of the City of Leicester Local Plan)

4.           No dwelling hereby permitted shall be occupied until all first floor windows in the rear elevations have been fitted with obscured glazing and any part of the windows that is less than 1.7 metres above the  ...  view the full minutes text for item 181.

Ward: Castle

Proposal: FIRST FLOOR EXTENSION TO PLACE OF WORSHIP; TWO MINARETS; TWO DOMES; ALTERATIONS (CLASS D1)

Applicant: AHMADIYYA MUSLIM ASSOCIATION UK

Mr Mahmoud, the applicant’s representative spoke in support of the application.

My Hyde spoke in objection to the application.

Members considered the application and officers responded to the comments and queries raised.

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.           There shall be no amplified music or voice including call to prayer which would audible in nearby properties. (In the interests of the amenities of nearby occupiers and in accordance with policy PS10 of the City of Leicester Local Plan.)

3.           With the exception of acts of worship the premises shall not be used outside the hours of 0730-2300 daily. (In the interests of the amenity of nearby occupiers and in accordance with policy PS10 of the City of Leicester Local Plan.)

4.           The side windows that face southwest shall be obscurely glazed and non-opening. (To maintain the privacy of the flats at number 175 Avenue Road Extension and in accordance with policy PS10 of the City of Leicester Local Plan.)

5.           The development shall not be occupied until any redundant footway crossings and/or damaged or altered areas of footway or other highway have been reinstated to the satisfaction of the City Council as local planning authority. (For the safety and convenience of pedestrians and other road users.)

6.           The travel plan approved under application 20132020 shall be implemented in accordance with the agreed timetable. (In the interests of sustainability and highway safety and in accordance with policy CS15 of the Core Strategy.)

7.           The bin storage and cycle parking approved under application 20132020 shall be implemented prior to the commencement of use. (To encourage the use of sustainable means of transport and to avoid bins being left on the pavement and in accordance with policies PS10, AM02 and AM12 of the City of Leicester Local Plan.)

8.           Prior to the commencement of use a scheme for the insulation of the building against noise breakout shall be implemented in accordance with details first submitted to and agreed in writing by the City Council as local planning authority. (In the interests of the amenities of nearby occupiers and in accordance with policy PS10 of the City of Leicester Local Plan.)

9.           The materials to be used for the rear elevations and the tiling to the front elevation shall be submitted to and approved by the City Council as local planning authority prior to installation and shall be retained as such (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.)

10.         This consent shall relate solely to the submitted plans received by the City Council as local planning authority on the 23.02.15 and 04.03.15. (For the avoidance of doubt.)

              NOTES FOR  ...  view the full minutes text for item 182.

Ward: Freemen

Proposal: TWO STOREY EXTENSION TO FACTORY (CLASS B2) (AMENDED PLANS)

Applicant: COLOURS DYERS (UK) LTD

Members considered the application and officers responded to the comments and queries raised.

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 doors to the building shall be kept closed at all times when machinery is being operated or processes undertaken within the building, except to allow access or egress. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS11 of the City of Leicester Local plan.)

3.           No vehicles shall enter or leave the premises for the purpose of delivery of raw materials or despatch of finished goods outside the hours of 0730 to 1800 daily and there shall be no movement of plant or equipment (fork lift trucks, pallet trucks, etc) along the roadway before 0730 daily. (In the interests of residential amenity and in accordance with policy PS11 of the City of Leicester Local Plan.)

4.           No machinery shall be installed or operated nor shall any processes be undertaken which are detrimental to the amenity of the area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit. (In the interests of the amenities of nearby occupiers and in accordance with policy PS11 of the City of Leicester Local Plan.)

5.           The proposed building shall be used as a warehouse and offices ancillary to that of the existing factory and not for any other use at any time. (To protect the amenity of neighbouring residents in accordance with policy PS11 of the City of Leicester Local Plan)

6.           The use shall not commence until details of any external lighting has been submitted to and approved by the local planning authority. Development shall be carried out in accordance with the approved details. (To protect the amenity of nearby residents and to avoid harm to wildlife in accordance with policy PS10 of the City of Leicester Local Plan and policy CS17 of the Core Strategy)

7.           No development shall be carried out until the site has been investigated for the presence of land contamination, and a Site Investigation Report incorporating a risk assessment and, if required, scheme of remedial works to render the site suitable and safe for the development, has been submitted to and approved by the local planning authority. The approved remediation scheme shall be implemented and a completion report shall be submitted to and approved in writing by the local planning authority before any part of the development is occupied. Any parts of the site where contamination was previously unidentified and found during the development process shall be subject to remediation works carried out and approved in writing by the local planning authority prior to the occupation of the development. The report of the findings shall  ...  view the full minutes text for item 183.

Ward: Belgrave

Proposal: CHANGE OF USE FROM HOUSE (CLASS C3) TO TWO SELF CONTAINED FLATS (2 X 2 BEDS)(CLASS C3); SINGLE STOREY EXTENSION AT REAR; REPLACEMENT WINDOWS (AMENDED PLANS)

Applicant: MR AMRATBHAI CHUDASAMA

Members considered the application and officers responded to the comments and queries raised. It was noted that the proposal included replacement windows and a request was made that the quality of the doors and windows should be in keeping with that of a property located within a conservation area.

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.           No part of the development shall be occupied until secure cycle parking has been provided and retained thereafter. (In the interests of the satisfactory development of the site and in accordance with policies AM02 and H07 of the City of Leicester Local Plan).

3.           This consent shall relate solely to the amended plans received by the City Council as local planning authority on 08/04/2015, unless otherwise submitted to and approved by the City Council as local planning authority. (For the avoidance of doubt.)

              NOTES FOR APPLICANT

1.    The applicant is reminded that no consent is granted or implied for works or alterations to the front elevation of the property other than those agreed for the restoration of the ground floor bay window.

Planning Applications:  20150609, 19 Lancaster Place; 20150610, 21 Lancaster Place; 20150611, 23 Lancaster Place; 20150612, 25 Lancaster Place

The Chair explained that there would be a single officer presentation in respect of the above planning applications relating to Lancaster Place, however each application would be voted on separately.

Ward: Castle

Proposal: CHANGE OF USE FROM ONE HOUSE IN MULTIPLE OCCUPATION (CLASS C4) (5 BEDS) TO FOUR FLATS (CLASS C3); ALTERATIONS TO BUILDINGS AND SITE LAYOUT (AMENDED)

Applicant: MR  KULLAR

Members considered the application and officers responded to the comments and queries raised.

It was noted that the officers’ recommendation was that the decision on the application be delegated to officers. Councillor Kitterick, seconded by Councillor Unsworth, proposed that the decision be delegated to officers in consultation with the Chair and Vice Chair. Upon being put to the vote, this amendment to the recommendation was CARRIED. It was agreed that this amended recommendation be applied to all four of the applications for Lancaster Place. 

RESOLVED:

                           that the decision on the application be delegated to officers, in consultation with the Chair and Vice Chair, on the basis of the assessment in the joint report, subject to confirmation of commitment to landscaping and management and taking into account any further representations received.

Ward: Castle

Proposal: CHANGE OF USE FROM ONE HOUSE IN MULTIPLE OCCUPATION (CLASS C4) (5 BEDS) TO FOUR FLATS (CLASS C3); ALTERATIONS (AMENDED)

Applicant: MR  KULLAR

Members considered the application and officers responded to the comments and queries raised.

RESOLVED:

                           that the decision on the application be delegated to officers, in consultation with the Chair and Vice Chair, on the basis of the assessment in the joint report, subject to confirmation of commitment to landscaping and management and taking into account any further representations received.

Ward: Castle

Proposal: CHANGE OF USE FROM ONE HOUSE IN MULTIPLE OCCUPATION (CLASS C4) (5 BEDS) TO FOUR FLATS (CLASS C3); ALTERATIONS (AMENDED)

Applicant: MR  KULLAR

Members considered the application and officers responded to the comments and queries raised.

RESOLVED:

                           that the decision on the application be delegated to officers, in consultation with the Chair and Vice Chair, on the basis of the assessment in the joint report, subject to confirmation of commitment to landscaping and management and taking into account any further representations received.

Ward: Castle

Proposal: CHANGE OF USE FROM ONE HOUSE IN MULTIPLE OCCUPATION (CLASS C4) (5 BEDS) TO FOUR FLATS (CLASS C3); ALTERATIONS (AMENDED)

Applicant: MR  KULLAR

Members considered the application and officers responded to the comments and queries raised.

RESOLVED:

                           that the decision on the application be delegated to officers, in consultation with the Chair and Vice Chair, on the basis of the assessment in the joint report, subject to confirmation of commitment to landscaping and management and taking into account any further representations received.

            Ward: Stoneygate

            Proposal: Variation of Condition 1 Attached to Planning Permission

20131833 (For the continuation of use as a Vehicle Repair Shop (Class B2)       

Appellant: Mr Pradeep Chauhan

Appeal Decision: Dismissed.

RESOLVED:

                        that the decision of the Planning Inspectorate be noted.

            WARD: Knighton

            Proposal: Single Storey Extension at front of house (Class C3)

            Appellant: Mrs N Hughes

            Appeal Decision: Allowed

Members considered the report of the Planning Inspectorate and expressed disappointment that the appeal decision had been allowed. Views were expressed that the extension would be detrimental to the appearance of the Stoneygate Conservation Area.

RESOLVED:

                        that the decision of the Planning Inspectorate be noted.

The Chair stated that this was the last meeting of the current four year civic cycle and he thanked Members and officers for their work, support and advice on the Planning and Development Control Committee during this time. He also extended his best wishes to all councillors for the forthcoming elections.

Councillor Dr Moore then thanked Councillor Kitterick and Councillor Shelton for their good work as the Committee’s Chair and the Vice Chair.

The meeting closed at 7.10 pm.