Agenda and minutes

The Chair noted that the legislation allowing virtual meetings had expired, and that Members were now legally required to attend Planning and Development Control Committee meetings in person going forward.

There were no apologies for absence.

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 Members Involvement in Planning and Development Management Decisions.

The Committee Members present at the meeting introduced themselves in turn and stated 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 21 April 2021 are a correct record.

RESOLVED:

That the minutes of the Planning and Development Control Committee held on 21 April 2021 be confirmed as a correct record.

Members are asked to note the membership of the Planning and Development Control Committee for 2021-2022, as detailed on the front of the agenda.

RESOLVED:

That the membership of the Planning and Development Control Committee for 2021-22 be noted as:

Councillor Riyait (Chair)

Councillor Aldred (Vice-Chair)

Councillor Joel

Councillor Dr Lynn Moore

Councillor Nangreave

Councillor Pandya

Councillor Thalukdar

Councillor Valand

Councillor Whittle

Members are asked to note the dates for Planning and Development Control Committee meetings for 2021-2022:

2021

2 June                        15 September

23 June                     6 October

14 July                       27 October

4 August                    17 November

25 August                  8 December

2022

5 January                  20 April

26 January                11 May

16 February

9 March

30 March

RESOLVED:

That the dates of meetings of the Planning and Development Control Committee for 2021-22 be noted.

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 who had registered to speak an in the interests of people in the public gallery.

The Chair also noted that applications 20202337 15 Stonecrop Road and 20202182 115 Uppingham Road had been withdrawn prior to the meeting and would not be considered.

RESOLVED:

That the report of the Director of Planning, Development and Transportation dated 2 June 2021, on applications, together with the supplemental report and information reported verbally by officers, be received and action taken as below:

The Chair announced that this application had been withdrawn prior to the meeting and would not be considered.

The Chair announced that this application had been withdrawn prior to the meeting and would not be considered.

Ward: Aylestone

Proposal: Change of use from offices and industrial (Class E) to education and training centre, place of worship and local community meeting place (Sui Generis) (amended plans received 12/05/2021)

Applicant: Mr Faizal Osman

The Planning Officer presented the report.

Mr Osman and Mr Hussain, the applicant’s representatives, addressed the Committee and spoke in favour of the application.

Mr Kalnins then addressed the Committee and spoke in objection to the application.

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

The Chair moved that the application be approved subject to the conditions set out in the report, with conditions 2 and 7 to be amended, in accordance with the officer recommendation. This was seconded by the Vice-Chair 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, note that conditions 2 and 7 below reflect the final wording of the amended conditions. :

              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 commence until details of an insulation scheme and noise management scheme to prevent the transmission of noise to nearby residential properties have been submitted to and approved in writing by the City Council as local planning authority. The works required   in the noise insulation scheme shall be provided in full prior and evidence provided of the completion of such works prior to the commencement of the use and thereafter maintained and the use shall be carried out in accordance with the approved noise management scheme. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

3.           The use shall not commence until three secure and covered cycle parking spaces have been provided in accordance with the submitted plans and Travel Plan 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).

4.           Except for the observance of prayer the use shall not be carried on outside the hours of  07.30-22.00 daily (In the interests of the amenity of neighbouring occupiers, in accordance with saved Policies PS10 and PS11 of the City of Leicester Local Plan).

5.           There shall be no live or amplified music or voice played which would be detrimental to the amenities of occupiers of nearby properties. (In the interests of the amenity of neighbouring occupiers, in accordance with saved Policies PS10 and PS11 of the City of Leicester Local Plan).

6.           Notwithstanding the submitted Travel Plan, before the use has commenced, a revised Travel Plan shall be submitted to and approved in writing by the City Council  ...  view the full minutes text for item 9.

Ward: Aylestone

Proposal: Change of use from drinking establishment (Sui Generis) to educational establishment, place of worship and community centre (Sui Generis); construction of a single storey extension at rear; alterations

Applicant: Mr Ibrahim Gokce

The Planning Officer presented the report. Members’ attention was drawn to the supplementary report, which contained an amended condition.

Mr Gocke, the applicant, addressed the Committee and spoke in support of the application.

Mrs Harris addressed the Committee and spoke in objection to the application.

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

The Chair moved that the applications be approved subject to the conditions set out in the report and supplementary report. This was seconded by Councillor Nangreave 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 including the amended condition 2:

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 commencement of development, details of an insulation scheme to prevent the transmission of noise to adjacent properties shall be submitted to and approved in writing by the City Council as local planning authority, and the scheme shall be installed in accordance with the approved details prior to commencement of the approved use and maintained thereafter. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

3.           The use shall not commence until five secure and covered cycle parking spaces have been provided in accordance with the submitted Travel Plan 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).

4.           The use shall not be carried on outside the hours of  07.30-23.00 Monday – Saturday and 09.00-22.00 Sundays and Public holidays (In the interest of the amenities of nearby occupiers, and in accordance with policies PS10 and PS11 of the City of Leicester Local Plan.)

5.           The use shall only take place in accordance with the approved Travel Plan and Parking Strategy. The plan shall be maintained and operated at all times. (To promote sustainable transport and in accordance with policies AM01, AM02, and AM11 of the City of Leicester Local Plan and policies CS14 and CS15 of the Core Strategy).

6.           The use shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) and the Business Flood Plan, and the following mitigation measures detailed within the FRA and Business Flood Plan:

              • Safe access/egress

              • Emergency Flood plan

              • Flood resistance and resilience measures

              The mitigation measures shall be implemented in full prior to occupation and subsequently in accordance with the timing/phasing  ...  view the full minutes text for item 9a

Ward: Aylestone

Proposal: Construction of four dwellings (3x4 bed & 1x3bed) (Class C3); landscaping and alterations (amended plans)

Applicant: Juniper Developments Ltd

The Planning Officer presented the report and drew Members’ attention to the supplementary report, which set out amended conditions regarding the application.

Mr Palmer, on behalf of the applicant, addressed the Committee and spoke in support of the application.

Mr Fletcher addressed the committee and spoke in objection to the application.

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

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

RESOLVED:

that the motion 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 development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to and approved in writing by the City Council as local planning authority. The approved Statement shall be adhered to throughout the construction period. 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 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. (To ensure the satisfactory development of the site, and in accordance with policies AM01, AM02, UD06, PS10 and PS11 of the City of Leicester Local Plan and Core Strategy policies CS3 and CS15. 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 full details of the Sustainable Drainage Systems 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 property shall be occupied until the system has been implemented in full. 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  ...  view the full minutes text for item 10.

Ward: Knighton

Proposal: Installation of 2 pillars and a gate at front; Construction of first floor extension at side; single storey extension at side and rear; single storey extension at the rear; alterations to house (Class C3) (amended 15/04/2021)

Applicant: Mrs M Lester

The Planning Officer presented the report.

Mr Lightfoot addressed the Committee and spoke in objection to the application.

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

The Chair moved that the application be approved subject to the conditions outlined in the report. This was seconded by the Vice-Chair and, upon being put to the vote, the motion to approve was CARRIED.

RESOLVED:

that the motion 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.           Prior to the commencement of the development, details of all external surfaces of the new extensions shall be submitted to and agreed in writing by the City Council as local planning authority. The works shall be carried out in accordance with the approved details. (To preserve the character and appearance of the Stoneygate Conservation Area, and in accordance with Core Strategy policy CS18. 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 the development, details of the front boundary treatment, including details of the coping stones and bricks, shall be submitted to and approved in writing by the City Council as local planning authority. The boundary treatment shall be installed in accordance with the approved details and retained as such. (To preserve the character and appearance of the Stoneygate Conservation Area, and in accordance with Core Strategy policy CS18. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

4.           Prior to the commencement of the development, full joinery details including horizontal and vertical cross sections of windows (scale 1:5 / 1:10 as appropriate) to the front shall be submitted to and approved in writing by the City Council as local planning authority. The development shall be carried out in accordance with the approved details and retained as such. (To preserve the character and appearance of the Stoneygate Conservation Area, and in accordance with Core Strategy policy CS18. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

5.           Prior to the commencement of development all trees on the site subject to a Tree Preservation Order shall be protected from damage during building operations, in accordance Arboricultural Report received by the City Council as local planning authority on 11/02/2021 and the supporting email received by the City Council on 15/02/2021. (In the interests of amenity, and in accordance with policy UD06 of the City of Leicester Local Plan and Core Strategy  ...  view the full minutes text for item 11.

Ward: Castle

Proposal: Construction of single storey extension at rear of House in Multiple Occupation (Class C4)

Applicant: Mr and Mrs Rai

The Planning Officer presented the report.

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

The Chair moved that the application be approved subject to the conditions set out in the report. This was seconded by the Vice-Chair 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.           Before the occupation of the proposed extension, the new ground floor side windows facing 356 Victoria Park Road shall be fitted with sealed obscure glazing (with the exception of top opening light) and retained as such. (In the interests of the amenity of occupiers of 356 Victoria Park Road and in accordance with policy PS10 of the City of Leicester Local Plan).

3.           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.)

4.           This consent shall relate solely to the amended plan ref. no. "539/P01-C", and received by the City Council as local planning authority on 29th April 2021. (For the avoidance of doubt.)

Ward: Evington

Proposal: Change of use from house to three flats (2 x 1 bed & 1 x 2 bed) (Class C3); construction of a two storey rear extension

Applicant: Pastor Isiaka

The Planning Officer presented the report and drew Members’ attention to the supplementary report, which set out further representations.

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

The Chair moved that the application should be refused for the reasons outline in the report. This was seconded by Councillor Dr Moore and, upon being put to the vote, the motion to refuse was CARRIED.

RESOLVED:

                        that the application be REFUSED for the reasons below:

REASONS FOR REFUSAL

1.           The proposal, by reason of the poor levels of useable internal floor space, natural light, outlook and privacy would result in an unacceptable living standard for future residents contrary to National Planning Policy Framework (2019) paragraph 127, Core Strategy (2014) policies CS03 and CS06, saved policies H07 and PS10 of The City of Leicester Local Plan (2006) and the Residential Amenity Supplementary Planning Document (2008).

2.           The proposed extension, by reason of its siting, height and design, would adversely affect daylight to and outlook from principal room windows of 5 Mallory Place contrary to National Planning Policy Framework (2019) paragraph 127, Core Strategy (2014) policy CS03, and saved policy PS10 of The City of Leicester Local Plan (2006).

3.           The bedroom window of Flat 1, by reason of its aspect, would adversely affect privacy of the rear amenity space of 9 Mallory Place contrary to National Planning Policy Framework (2019) paragraph 127, Core Strategy (2014) policy CS03, and saved policy PS10 of The City of Leicester Local Plan (2006).

The Director of Planning, Development, and Transportation submits a report setting out objections received to proposals to implement a one-way restriction on Gwendolin Road between East Park Road and Dorothy Road. The Members of the Committee are recommended to give their views to the Director of Planning, Development and Transportation to consider, alongside remaining objections to the scheme before reaching a final decision.

The Director of Planning, Development, and Transportation submitted a report setting out objections received to proposals to implement one-way street restrictions and traffic calming measures on Gwendolen Road.

The Traffic Regulation Order Project Officer outlined the proposals, noting that there were two objections, one relating to additional traffic going through Dorothy Road, and another relating to the number of speed cushions. The second objector was noted as withdrawing their objection after consultation with the Planning Officers.

The Committee considered the proposals presented and questioned if traffic on East Park Road would be affected. In response the TRO Project Officer noted that East Park Road would remain two-way and would be unaffected.

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 supportive of the proposals to make Gwendolen Road one-way and introduce traffic calming.

There was no other urgent business.

At the end of the formal business, the Chair advised that this was the last meeting being attended by Steve Brown, Group Manager for Planning, Development and Transportation. On behalf on the Committee, the Chair thanked Steve for his support to the Committee over the previous years and extended his best wishes to him for his retirement.

The meeting closed at 8.21pm.