Agenda and minutes

The Chair welcomed everyone to the meeting, reminding them that this was a virtual meeting, as permitted under Section 78 of the Coronavirus Act 2020 to enable meetings to take place whilst observing social distancing measures.

At the invitation of the Chair, officers present at the meeting introduced themselves.

Apologies for absence were received from Councillors Gee, Halford and Joel.

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, including under the Council’s Good Practice Guidance for Member Involvement in Planning and Development Management Decisions.

Each member of the Committee present at the meeting introduced themselves in turn and stated that they had no such interests.

Members are asked to confirm that the minutes of the meeting of the Planning and Development Control Committee held on 18 November 2020 are a correct record.

RESOLVED:

That the minutes of the meeting of the Planning and Development Control Committee held on 18 November 2020 be confirmed as a correct record.

The Director of Planning, Development and Transportation submits a report setting out objections received to proposals to implement waiting and loading restrictions along multiple roads, lift the one-way order on part of Commercial Square, and prohibit U turns at the new junction with Aylestone Road.  The Committee is recommended to consider the report and pass its views to the Director of Planning, Development and Transportation to take into account when considering whether or not to make the proposed traffic regulation order.

The Director of Planning, Development and Transportation submitted a report setting out objections received to proposals to implement waiting and loading restrictions along multiple roads, lift the one-way order on part of Commercial Square, and prohibit U turns at the new junction with Aylestone Road.

The Major Transport Projects Manager outlined the proposals, noting that a primary concern for those objecting to the making of the Order was the loss of parking.  The displacement of this parked traffic was a disappointing aspect of this Order, but this was overridden by the need for road safety and for traffic to be able to flow appropriately along this link road between two A class roads.

Other objections related to the nature of the scheme, but the Major Transport Projects Manager reminded Members that the scheme had already been through an extensive scrutiny process and a decision made to proceed with it.  It now was at implementation stage, so the report before the Committee related to traffic management, not the principles of the scheme.  Members also were reminded that they were not taking the decision on whether the Order should be made, but were being consulted on the proposal.  Any views expressed by this Committee would be considered by the Director of Planning, Development and Transportation and taken into account when he decided whether to make the Order.

Councillor Kitterick, as Ward Councillor, addressed the Committee and expressed concerns that the changes proposed would have no discernible benefits.  For example, two bus lanes would be removed and no cycle lanes were being added, even though the road would be busier than it was at present, which also would place pedestrians in danger.  Particular problems for pedestrians would be encountered at the three junctions and delivery vehicles would block the route when parked, causing congestion in the road.  Councillor Kitterick also expressed concern that the modelling done for the scheme was inadequate, so did not show the full extent of the situation.

The Committee considered the proposals presented and questioned why no facilities for pedestrians to cross Putney Road had been included.  In response, the Major Transport Projects Manager noted that controlled pedestrian crossing points would be provided at the main junctions and at the junction with Commercial Square.  Unfortunately, land outside a business along Putney Road was in private ownership, so it was not possible to have a footway on the northern side of the road.  This meant that all pedestrian facilities had to be concentrated on the southern side, along with links to the proposed segregated cycle way.

In response to a question from the Committee, the Major Transport Projects Manager confirmed that the prohibition of U turns at the new junction of Putney Road and Aylestone Road was a standard safety feature at a signal-controlled junction.

RESOLVED:

That the Director of Planning, Development and Transportation be asked to note when considering whether or not to make the proposed Traffic Regulation Order that this Committee is, on the whole, supportive of the  ...  view the full minutes text for item 195.

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.

RESOLVED:

That the report of the Director of Planning, Development and Transportation dated 9 December 2020 on applications, together with the supplemental report and information reported verbally by officers, be received and action taken as below.

Ward: Abbey

Proposal: CONSTRUCTION OF EXTENSION TO EXISTING FOURTH FLOOR; TWO STOREY ROOFTOP EXTENSION TO EXISTING BUILDING TO PROVIDE 33 FLATS (2 X STUDIO, 28 X 1 BED, 3 X 2 BED) (AMENDED PLANS) (S106 Agreement)

Applicant: SHF PROPERTY INVESTMENTS LLP

The Planning Officer presented the report.

Mr Kane, the applicant’s agent, addressed the Committee, speaking in support of the application.

Members considered the report and officers responded to the comments and queries raised.  At the invitation of the Chair, the applicant’s agent provided responses to queries raised.

The Chair moved that the application be approved subject to the conditions in the report and a Section 106 Agreement in accordance with the officer recommendation. This was seconded by Councillor Aldred and, upon being put to the vote, the motion was CARRIED.

RESOLVED:

that the application be APPROVED subject to a Section 106 Agreement and the conditions as 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.           Before the development is begun, the materials to be used for all the external surfaces including but not limited to the cladding including colour, windows, doors, shall be submitted to and approved by the City Council as Local Planning Authority. The submission for this condition shall include the building of a full size sample panel of all materials on site for inspection and approval. The development shall only be carried out in accordance with the approved details.  (In the interests of visual amenity, and in accordance with Core Strategy policy CS03. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

3.           Before the development is begun 1:20 scale sections and elevations showing the construction detailing between the proposed materials and aspects of the elevational design shall be submitted to and approved in writing by the City Council as Local planning Authority.  The development shall only be carried out in accordance with the approved details. (In the interests of design quality and visual amenity and in accordance with Core Strategy policy CS03. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

4.           Before the development is begun 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 in writing by the City Council as Local Planning Authority. No flat 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 statutory undertaker, or any other arrangements to secure the operation of the system throughout its  ...  view the full minutes text for item 197.

Ward: Knighton

Proposal: Demolition of extension at side of house (Class C3); construction of one two storey dwelling (1 x 3 bed) (Class C3) (amended plans received 17/11/2020)

Applicant: Mr and Mrs M Walters

Councillor Valand was absent from the meeting during the discussion on this item, so took no part in the discussion or voting on the application.

The Planning Officer presented the report, which Members then considered.

The Chair moved that, in accordance with the officer recommendation, the application be approved subject to the conditions set out in the report.  This was seconded by Councillor Aldred and, upon being put to the vote, the motion to approve was CARRIED.

RESOLVED:

that the application be APPROVED subject to the conditions as 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 the 2 metre by 2 metre sight lines on each side of each vehicular access have been provided, and they shall be retained thereafter. (In the interests of the safety of pedestrians and other road users, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS3.)

3.           No part of the development shall be occupied until the following works have been carried out in accordance with the written details approved in advance by the City Council as local planning authority: (a) footway crossing(s) at each vehicular access; (b) alterations to footway crossing(s); (c) reinstatement of any redundant footway crossings and/or damaged or altered areas of footway or other highway. (To ensure a satisfactory means of access to the highway, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS3.)

4.           Before the occupation of the development the garage(s) and parking space(s) shown on the approved plans shall be provided and shall be retained for vehicle parking. (To secure adequate off-street parking provision, and in accordance with policy AM12 of the City of Leicester Local Plan and Core Strategy policy CS3.)

5.           Before first occupation of either dwelling, the proposed access shown on the approved plans, shall have been provided and surfaced in a hard bound material for a minimum distance of 5 metres behind the back edge of footway and shall be positively drained so as to prevent surface water running from the site into the highway, and shall thereafter be permanently so maintained. (In the interests of road safety and in order to achieve a satisfactory form of development.)

6.           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 property shall be occupied until the system has been implemented. It shall thereafter be managed and maintained in accordance with the  ...  view the full minutes text for item 198.

Ward: Humberstone & Hamilton

Proposal: Change of use from retail (Class A1) to education (Class D1)

Applicant: Mrs Shikha Kapur-Gopal

The Planning Officer presented the report.

Mrs Kapur-Gopal and Mr Gopal, the applicants, addressed the Committee, speaking in support of the application.

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

The Chair moved that, in accordance with the officer recommendation, the application be approved subject to the conditions set out in the report.  This was seconded by Councillor Valand and, upon being put to the vote, the motion to approve was CARRIED.

RESOLVED:

that the application be APPROVED subject to the conditions as 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 use shall not be carried on outside the hours of 08:00 hours and 22:00 hours daily. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)

3.           The premises shall not be used for any use other than an Educational Centre applied for notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended). (Leicester City Council as local planning authority would wish to assess the particular impacts of other D1 uses at this location before determining whether such proposals would be acceptable in planning terms.)

              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. 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 2019 is considered to be a positive outcome of these discussions.

Ward: Humberstone & Hamilton

Proposal: Change of use from dwellinghouse (Class C3) to residential care home (3 Bedrooms) (Class C2)

Applicant: PARAMOUNT CHILDREN CARE LTD

The Planning Officer presented the report and drew Members’ attention to the supplementary report, which set out a representation received in support of the application from the appellant and amended conditions.

Mr Mulroney, the applicant’s agent, addressed the Committee, speaking in support of the application.

Members considered the report and supplementary report and, at the invitation of the Chair, the applicant’s agent provided responses to questions and queries raised.

The Chair moved that, in accordance with the officer recommendation, the application be approved subject to the conditions set out in the report and supplementary report.  This was seconded by Councillor Thalukdar and, upon being put to the vote, the motion to approve was CARRIED.

RESOLVED:

that the application be APPROVED subject to the conditions as 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.           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, CS06 and CS14 of the Leicester Core Strategy (2014) and saved Policies PS10 of the Local Plan (2006.)

3.           This consent shall relate solely to the application form and submitted plans received by the City Council as local planning authority on 13/07/2020, 31/07/2020 and 09/09/2020, and supporting statement received on 03/09/2020 and 25/09/2020, unless otherwise submitted to and approved by the City Council as local planning authority. (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 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 2019.

Councillor Aldred left the meeting at this point.

Ward: Fosse

Proposal: Change of use from house (Class C3) to house in multiple occupation for more than 6 persons (7 bedrooms) (Sui Generis); construction of dormer at front and rear; alterations (Amended plan received on 11/11/2020)

Applicant: Mr Rob Whisson

The Planning Officer presented the report and drew Members’ attention to the supplementary report, which contained amended conditions and further representations received from previous objectors.  In addition, concerns had been raised that not all objections to this application had been received, considered and/or fully reported.  Members therefore were requested to consider the information on representations in the supplementary report as updating the Representations section of the report circulated with the agenda.

Dr Hazlett addressed the Committee and spoke against the application.

Councillor Waddington and Councillor Cassidy then addressed the Committee as Ward Councillors, speaking against the application.

Members considered the report and supplementary report, and officers responded to the comments and queries raised.

The Chair moved that, in accordance with the officer recommendation, the application be approved subject to the conditions set out in the report and supplementary report.  This was seconded by Councillor Rae-Bhatia and, upon being put to the vote, the motion to approve was CARRIED.

RESOLVED:

that the application be APPROVED subject to the conditions as 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 cheeks and roof of the dormers shall be constructed in materials to match the existing roof. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.)

3.           No part of the development shall be occupied until secure and covered cycle parking and bin storage area have been provided and retained thereafter, in accordance with written details previously approved by City Council as local planning authority. (In the interests of the satisfactory development of the site and in accordance with policies AM02 and PS10 of the City of Leicester Local Plan).

4.           This consent shall relate solely to the submitted plan 20105-P-101 received on 10/09/2020 and amended plans ref. no. 20105-P-102 -Rev C and 20105-P-103-Rev B received by the City Council as local planning authority on 11/11/2020. (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 of positive and proactive discussions with the applicant during the process.

              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 2019 is considered to be a positive outcome of these discussions.

The Chair advised Members that this was the last meeting being attended by Elaine Baker, Democratic Support Officer.  On behalf of the Committee, the Chair thanks Ms Baker for her support to the Committee over the previous three years and extended best wishes to her for her retirement.

The meeting closed at 8.12 pm