Agenda and minutes

Apologies for absence were received from Councillors Rae Bhatia, Halford and Whittle.

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.

The Committee Members present at the meeting introduced themselves in turn and stated that they had no such interests.

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.

Members are asked to confirm that the minutes of the meeting of the Planning and Development Control Committee held on 6 January 2021 are a correct record.

RESOLVED:

That the minutes of the meeting of the Planning and Development Control Committee held on 6 January 2021 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 announced that he would take the planning reports in a different order to that given in the agenda, due to the attendance of members of the public and Ward Councillors who had registered to speak.

RESOLVED:

That the report of the Director of Planning, Development and Transportation dated 16 February 2021 on applications, together with the supplemental report and information reported verbally by officers, be received and action taken as below.

Ward: Western

Proposal: Change of use from house (Class C3) to house in multiple occupation for more than 6 persons (8 bed) (Sui Generis); hard standing to front (amended plans 13/01/2021)

Applicant: David McNeil

The Planning Officer presented the report.

Mr David McNeil - the applicant, addressed the Committee and spoke in support of the application.

Members considered the report and officers responded to any 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 Gee and, upon being put to the vote, the motion to approve 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.           No part of the property shall be occupied until provision has been made for the secure storage of a minimum of four cycles and that provision shall be retained thereafter. (In the interests of the satisfactory development of the site and in accordance with policies AM02 of the City of Leicester Local Plan).

3.           No part of the property shall be occupied until provision has been made for storage of waste bins at the rear of the property and that provision be retained thereafter. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.)

4.           This consent shall relate solely to the amended plans ref. no. 256/02 Rev E and 256/11 Rev A received by the City Council as local planning authority on 13/01/2021. (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.

Ward: Knighton

Proposal: Change of use from house (Class C3) to day nursery (Class E); alterations

Applicant: Kiddycare Nursery LTD

The Planning Officer presented the report.

Mr Sachin Parmar, on behalf of the applicant, addressed the Committee and spoke 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 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.           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.           No part of the development shall be occupied until secure and covered cycle parking has been provided and retained thereafter, in accordance with details to be approved by City Council as local planning authority. (In the interests of the satisfactory development of the site and in accordance with policies AM02 of the City of Leicester Local Plan. This is a PRE-COMMENCEMENT condition).

4.           Before the use has commenced, all parking areas shall be surfaced and marked out in accordance with details which shall first have been submitted to and approved by the City Council as local planning authority, and shall be retained for parking and not used for any other purpose. The submitted details shall include proposed surfacing, marking and signing at accesses to indicate entrance and exit and one-way operation of the car parking area. (To ensure that parking can take place in a satisfactory manner, in the interest of highway safety, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03. This is a PRE-COMMENCEMENT condition)

5.           Before the use has commenced, a Travel Plan shall be submitted to and approved in writing by the City Council as local planning authority and shall be carried out in accordance with a timetable to be contained within the Travel Plan, unless otherwise agreed in writing by the Council. The Plan shall: (a) assess the site in terms of transport choice for staff, users of services, visitors and deliveries; (b) consider pre-trip mode choice, measures to promote more sustainable modes of transport such as walking, cycling, car share and public transport (including providing a personal journey planner, information for bus routes, bus discounts available, cycling routes, cycle discounts available and retailers, health benefits of walking, car sharing information, information on sustainable journey plans, notice boards) over choosing to drive to and from the site as single occupancy vehicle users, so that all users have awareness of sustainable travel options; (c) identify marketing, promotion  ...  view the full minutes text for item 217.

Ward: Braunstone Park & Rowley Fields

Proposal: Change of use from dwelling house (Class C3) to a children's home (3 children) (Class C2)

Applicant: Mr & Mrs Percy & Lydia Chinyani & Mabwe

The Planning Officer presented the report.

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 Gee 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 submitted planning statement received by the City Council as local planning authority on 24/11/2020 and existing/proposed plans received by the Council on 28/11/2020, 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 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 2019 is considered to be a positive outcome of these discussions.

Ward: Fosse

Proposal: Retrospective application for change of use from house in multiple occupation for up to 6 persons (Class C4) to house in multiple occupation for more than 6 persons (7 bed) (Sui Generis)

Applicant: Mrs Margaret Brown

The Planning Officer presented the report and drew Members’ attention to the supplementary report, which set out a further representation submitted by Councillor Waddington as Fosse Ward Councillor and a further consideration.

Members considered the report and supplementary report, and officers responded to 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 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.           This consent shall relate solely to the submitted plans ref. no. 99GR-0-2 received by the City Council as local planning authority on 30/11/2020, ref. no. 99GR-0-3 received by the City Council as local planning authority on 14/12/2020 and amended plans ref. no. 99GR-A-01 (REV A) received by the City Council as local planning authority on 19/01/2021. (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.

Ward: Castle

Proposal: Part demolition and conversion of Fleet House; construction of four storey extension to Fleet House fronting Byron Street; construction of five 5 - 6.5 storey buildings comprising 351 flats (120 x Studio, 211 x 1 bed, 20 x 2 bed) (Class C3); communal ancillary facilities to include residents gym; indoor amenity space; outdoor landscaped amenity space; pedestrian access (amended plans)

Applicant: Lee Contracts

The Planning Officer presented the report.

Mr Muthar Al-Salloum, on behalf of the applicant, addressed the Committee and spoke in support of the application.

Councillor Kitterick then addressed the Committee as a Ward Councillor, speaking against 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 Gee 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 approved Proposed Phasing Plan (ref. 45806(P-30)001) no development shall take place, including demolition, until a Demolition and Construction Phasing Plan including the full order of all works on site is submitted to and approved in writing by the City Council as local planning authority. (To ensure the satisfactory development of the site, and in accordance with policies AM01, UD06 of the City of Leicester Local Plan and 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.           No development of each phase shall take place, including demolition, until a Construction Method Statement has been submitted to, and approved in writing by the City Council as local planning authority relating to the specific phase. The Statement shall provide for: (i) the parking of vehicles of site operatives and visitors; (ii) the loading and unloading of plant and materials; (iii) the storage of plant and materials used in demolition works and in constructing the development; (iv) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; (v) wheel washing facilities; (vi) measures to control the emission of dust and dirt during construction; (vii) a scheme for recycling/disposing of waste resulting from demolition and construction works; (viii) routing of vehicles (in conjunction with LHA) including the appointment of a named CMS co-ordinator with contact details as part of a Construction Traffic Management Plan. The approved Statement shall be adhered to throughout the construction period. (To ensure the satisfactory development of the site, and in accordance with policies AM01, UD06 of the City of Leicester Local Plan and Core Strategy policy CS03. To ensure that the details are agreed in time to be incorporated into the  ...  view the full minutes text for item 220.

Ward: Castle

Proposal: Demolition of existing buildings. Construction of six storey building comprising of 4 cluster flats (48 student bedrooms) and 13 x 1 bed student studio flats (Sui Generis), communal area and amenity area. (Amended form and plans) (subject to a unilateral undertaking under s106)

Applicant: Mr Kane Tang

The Planning Officer presented the report.

Councillor Kitterick then addressed the Committee as a Ward Councillor and spoke in objection to the application.

Members considered the report and officers responded to the comments and queries raised, including a reoccurring concern from several Members in relation to National Space Standards that did not currently exist in the local plan. The general view amongst Members was that the local plan policy needed to be updated and the guidance strengthened, in order to provide more clarity on aspects like minimum space requirements in the future.

The Chair moved that the application be approved subject to the conditions set out 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 to approve 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.           The flats shall only be occupied by students enrolled on full-time courses at further and higher education establishments or students working at a medical or educational institution, as part of their medical or education course. The owner, landlord or authority in control of the development shall keep an up to date register of the name of each person in occupation of the development together with course(s) attended, and shall make the register available for inspection by the Local Planning Authority on demand at all reasonable times. (To enable the Local Planning Authority to consider the need for affordable housing and education provision and to assess floor space standards and the suitability of the accommodation for general residential purposes in accordance with policies CS06, CS07 & CS19 of the Core Strategy and policies PS10 & H07 of the City of Leicester Local Plan.)

3.           A. Prior to the commencement of the development (excluding the demolition of the existing buildings) the applicant shall have secured the implementation of an appropriate programme of archaeological work to be undertaken by a competent and experienced organisation in accordance with a Written Scheme of Investigation (WSI), which has been submitted to and approved by the City Council as the local planning authority. The scheme must include an assessment of significance, research questions, and:

              (1) the programme and methodology of site investigation and recording (with contingency for further excavation if required);

              (2) the programme for post-investigation assessment;

              (3) provision to be made for analysis of the site investigation and recording;

              (4) provision to be made for publication and dissemination of the  ...  view the full minutes text for item 221.

The meeting closed at 7.30pm.