Agenda and minutes

Apologies were recievd from Councillors Aldred and Halford.

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 om 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.

Councillor Gee declared that he had received representations in respect of applications 20202123 & 20202124 28 St Barnabas Road and had an open mind.

Councillor Joel declared that she had received representations in respect of applications 20202123 & 20202124 28 St Barnabas Road and had an open mind.

Councillor Rae Bhatia declared that he had received representations in respect of applications 20202123 & 20202124 28 St Barnabas Road and had an open mind.

Councillor Rae Bhatia also declared that he had received representations in respect of application 20202099 Groby Road Glenfield Hospital, and therefore would withdraw from the meeting whilst that item was being considered.

Councillor Riyait declared that he had received representations in respect of applications 20202123 & 20202124 28 St Barnabas Road and had an open mind.

Councillor Thalukdar declared that he had received representations in respect of applications 20202123 & 20202124 28 St Barnabas Road and had an open mind.

Councillor Valand declared that he had received representations in respect of applications 20202123 & 20202124 28 St Barnabas Road and had an open mind.

Councillor Whittle declared that he had received representations in respect of applications 20202123 & 20202124 28 St Barnabas Road and had an open mind.

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 16 February 2021 are a correct record.

RESOLVED:

That the minutes of the meeting of the Planning and Development Control Committee held on 16 February 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 agents and Ward Councillors who had registered to speak.

RESOLVED:

That the report of the Director of Planning, Development and Transportation dated 10 March 2021 on applications, together with the supplemental report and information reported verbally by officers, be received and action taken as below.

20202123 - 28 St Barnabas Road

Ward: North Evington

Proposal: Change of use from function hall, to function hall and restaurant (Sui Generis): single storey extension to side; installation of ventilation flue to side of main building.

Applicant: MR E. SABAT

20202124 - 28 St Barnabas Road

Ward: North Evington

Proposal: Listed Building

Applicant: MR E. SABAT

The Chair informed the Committee that there were two applications for 28 St Barnabas Road. The first application would be to consider the change of use proposal, and the second application would be to consider the listed building proposal. It was noted that the two applications would be taken together, but that the two decisions would be taken separately.

The Planning Officer presented the reports and the supplementary reports which included further representations from the applicant for both applications and a correction to the report on page 37 in relations to application 20202124 28 St Barnabas Road.

Mr Stephen Bradwell, on behalf of the applicant, addressed the Committee and spoke in support of the applications.

Councillor Luis Fonseca, Ward Councillor for North Evington, addressed the Committee and spoke in support of the applications.

Members considered the reports and officers responded to any comments and

queries raised.

The Chair moved that, in accordance with the officer recommendation, the application be refused. This was seconded by Councillor Gee and, upon being put to the vote, the motion to refuse was CARRIED.

20202123 - 28 St Barnabas Road

RESOLVED:  That the application be REFUSED for the reasons set out below:

              REASONS FOR REFUSAL

1.           The applicant has not shown that the extension by reason of its size, design and position would not result in harm to the historical, aesthetic and evidential value of the heritage asset and therefore its significance through the concealment of historic architectural features - buttresses and side entrance arch.  Although this harm is less than substantial this is not outweighed by any public benefit of the proposal, contrary to policy CS18 of the Leicester Core Strategy and NPPF paragraph 196.  

2.           The extension and the addition of the ventilation flue would disrupt the appearance of the listed building and the nearby historic assets.

              The applicant has not shown that the proposal would not harm the building’s historic and architectural significance and value.  Although this harm is less than substantial this is not outweighed by any public benefit of the proposal.  The proposal is therefore contrary to policy CS18 of the Leicester Core Strategy and NPPF paragraph 196.

              NOTES FOR APPLICANT

1.           For avoidance of doubt, this Planning Application is refused on the basis of the application form and plans received on 3/11/2020.

20202124 - 28 St Barnabas Road

RESOLVED: that the application be REFUSED for the reasons set out below.

REASONS FOR REFUSAL

1.           The extension by reason of its size, design and position would result in less than substantial harm to the historical, aesthetic and evidential value of the heritage asset and therefore its significance through the concealment of historic architectural  ...  view the full minutes text for item 228.

Ward: Beaumont Leys

Proposal: Construction of two storey detached building at hospital (Class D1)

Applicant: University Hospitals of Leicester NHS Trust

The Planning Officer presented the report and drew Members attention to the supplementary report which set out an amended condition.

Mr Ryan Milbourne, on behalf of the applicant, addressed the committee and spoke in favour 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 and supplementary report. This was seconded by Councillor Thalukdar and, upon being put to a 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.           Prior to the commencement of development a Construction Method Statement, with particular consideration being given to the water environment and flood risk management, shall be submitted to and approved in writing by the City Council as local planning authority. The approved Method Statement shall be adhered to throughout the construction period. The Statement shall provide for: (i) the vehicle and pedestrian temporary access arrangements including 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 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 storage and management of waste resulting from excavation works (viii) the proposed phasing of development and a detailed description of the works in each phase (ix) the temporary access arrangement to the construction site; (x) procedures for ensure flood risk is managed on site during the period of works for personnel, plant and members of the public (xi) the procedures to ensure flood risk is not increased anywhere outside of the site for the duration of the works; (xii) the procedures to ensure pollution and sedimentation is minimised to any adjacent watercourse and the procedure to be used in case of a pollution incident; (xiii) the measures that will be undertaken to ensure the structure of any adjacent watercourse is not impacted by the proposed development. (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 CS02 & CS03.To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

3.           Prior to the commencement of development details of drainage, shall be submitted to and approved in writing by the local planning authority. The use shall not commence until the drainage has been installed  ...  view the full minutes text for item 229.

Ward: Braunstone Park & Rowley Fields

Proposal: Change of use from house (Class C3) to residential care home (Class C2) (3 bedrooms) (amended plans 11.2.21)

Applicant: Mr Ibrahim Rasoul

At this point Councillor Rae Bhatia re-joined the meeting.

The Planning Officer presented the report and drew Members attention to the supplementary report which set out further representations in objection to the application and further considerations.

Mr Iain Garnell, 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 Gee and, upon being out 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.           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 plans received by the City Council as local planning authority on 11/02/2021, 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

Description: Dormers not constructed in accordance with Planning Permission 20201721

The Planning Officer presented the report.

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

The Chair moved that, in accordance with the officer recommendation, no further action be taken. This was seconded by Councillor Gee and, when put to the vote, the motion to take no further action was CARRIED.

The meeting clsoed at 7.14pm.