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Agenda and minutes

Agenda and minutes

Venue: Meeting Rooms G.01 and G.02, Ground Floor, City Hall, 115 Charles Street, Leicester, LE1 1FZ

Contact: Ayleena Thomas, tel: 0116 454 6369  Aqil Sarang, tel: 0116 454 5591 / Jacob Mann, tel: 0116 454 5843

Media

Items
No. Item

30.

APOLOGIES FOR ABSENCE

Additional documents:

Minutes:

Apologies for absence were received from Councillor Aldred and Councillor Joel.

31.

DECLARATIONS OF INTEREST

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.

Additional documents:

Minutes:

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.

32.

MINUTES OF THE PREVIOUS MEETING

Members are asked to confirm that the minutes of the meeting of the Planning and Development Control Committee held on 23 June 2021 are a correct record.

Additional documents:

Minutes:

AGREED:

That the minutes of the meeting of the Planning, Development and Control Committee 23 June 2021 be confirmed as a correct record.

33.

REVISED TERMS OF REFERENCE AND REVISED PLANNING PLANNING GOOD PRACTICE GUIDANCE FOR MEMBERS pdf icon PDF 77 KB

The City Barrister and Head of Standards submits a report in relation to the Planning and Development Control Committee revised Terms of Reference and revised Planning Good Practice Guidance for Members.

 

It is recommended:

1)    That Members note the revised Terms of Reference for the Committee (attached as Appendix A),

2)    That Members note the revised Planning Good Practice Guidance for Members (attached as Appendix B).

Additional documents:

Minutes:

The City Barrister and Head of Standards submitted a report in relation to the Planning and Development Control Committee revised Terms of Reference and revised Planning Good Practice Guidance for Members.

 

The Legal Officer presented the reports and Officers responded to Members comments as follows:

·         Officers clarified several points in relation to non-committee members or speakers not having a right to reply and Members of the Committee who wished to speak on an application not being required to stand down for the entirety of the meeting. It was noted that these were not legislative procedures but were at the Chairs discretion and/ or guided by advice from the Monitoring Officer.

·         It was reiterated to Members that regular use of mobile phones during the meeting was not encouraged.

·         Some minor typographical errors were noted.

 

RESOLVED:

                        That the revised Terms of Reference for the Planning and Development Control Committee be noted.

 

RESOLVED:

                        That the revised Planning Good Practice Guidance for Members of the Planning and Development Control Committee be noted.

34.

PLANNING APPLICATIONS AND CONTRAVENTIONS pdf icon PDF 80 KB

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.

Additional documents:

Minutes:

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 and in the interests of people in the public gallery.

 

The Head of Planning noted that following finalisation of the reports, the Government published changes to the National Planning Policy Framework (NPPF). Officers therefore included this information in the supplementary report to highlight the implications of the changes in relation to each of the applications/ reports. Officers would additionally highlight changes in the content when presenting each of the reports.

 

It was noted that a Members training session on the newly published changes to the NPPF would take place on a date to be agreed.

 

RESOLVED:

That the report of the Director of Planning, Development and Transportation dated 4 August 2021, on applications, together with the supplemental report and information reported verbally by officers, be received and action taken as below:

35.

20210881 26 COLWELL ROAD pdf icon PDF 238 KB

Additional documents:

Minutes:

Ward: Fosse

Proposal: Demolition of single storey building at rear; Construction canopy to front, single storey extension at side and rear; installation of render at front and alterations to medical centre (Class E) (Amended plans received 08/07/2021)

Applicant: Dr Boora

 

The Planning Officer presented the report and drew Members’ attention to the supplementary report, which set out an amended description, policy considerations, an additional representation received in objection to the application and further considerations.

 

Ms Sarah Panter, on behalf of the applicant, addressed the Committee and spoke in support of the application.

 

Mr Paul Bayliss, on behalf of an objector, 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, in accordance with the officer recommendation, the application be approved subject to the conditions set out in the 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.           The new walls and roof of the side and rear extensions shall be constructed in materials to match those existing. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.)

 

3.           Not more than three consulting rooms shall be permitted on the premises.

 

              (The site is incapable of accommodating the car parking requirements that would be generated by more consulting rooms, and which would be required under the terms of Policy AM11 of the City of Leicester Local Plan and CS15 of the Core Strategy.)

 

4.           The use shall not be carried on outside the hours of 0830 - 1800 hours Monday to Friday. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)

 

5.           Before the occupation of the proposed extension the new door facing 24 Colwell Road shall be fitted with obscure glazing and retained as such. (In the interests of the amenity of occupiers of 24 Colwell Road and in accordance with policy PS10 of the City of Leicester Local Plan).

 

6.           No part of the development shall be occupied until secure cycle parking as shown on approved plans shall be provided and retained thereafter. (In the interests of the satisfactory development of the site and in accordance with policy AM02 of the City of Leicester Local Plan).

             

7.           No part of the development shall be occupied until footway crossing(s) have been provided at each vehicular access in accordance with the Leicester Street Design Guide, June 2020. (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.)

 

8.           No part of the development shall  ...  view the full minutes text for item 35.

36.

20211037 15A EVINGTON LANE pdf icon PDF 185 KB

Additional documents:

Minutes:

Ward: Stoneygate

Proposal: Raised ridge height; construction of dormer extensions at front; single storey and dormer extensions at side; single storey and dormer extensions at rear; alterations to bungalow (Class C3) (amended plans received 28/06/2021)

Applicant: Mr. Nathani

 

The Planning Officer presented the report and drew Members’ attention to the supplementary report, which set out policy considerations, a further representation which requested for photos to be shown at Committee and further considerations.

 

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

 

Ms Fehmida Dalal, addressed the Committee and spoke in objection to the application.

 

Members considered the report and submission of the speakers, 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 Whittle 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.           The new walls and roof shall be constructed in materials to match those existing. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.)

 

3.           The cheeks and roof of the dormer shall be constructed in materials to match the existing roof. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.)

 

4.           Before the occupation of the proposed extensions the windows of the front dormer and the windows of the side dormer extension facing 15b Evington Lane 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 15a and 15b Evington Lane and in accordance with policy PS10 of the City of Leicester Local Plan).

 

5.           The flat roof of the single storey rear extension shall not be used as a balcony or an outdoor amenity space. (In the interests of the amenity and privacy of 7, 9, 13 and 15b Evington Lane in accordance with policy PS10 of the City of Leicester Local Plan).

 

6.           Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015, or any order amending or revoking and replacing that Order with or without modification, no development that would otherwise fall with Classes AA, A, B, C and E of Part 1 (of Schedule 2) of that Order shall be carried out within the curtilage of the dwellinghouse hereby approved without planning permission having first been obtained from the local planning authority. (To ensure that any further development at the site does not unacceptably affect the privacy and amenity of the neighbour occupiers and the character and appearance of the area, and to ensure that adequate amenity space for  ...  view the full minutes text for item 36.

37.

20202182 115 UPPINGHAM ROAD pdf icon PDF 253 KB

Additional documents:

Minutes:

Ward: North Evington

Proposal: Construction of single storey building to accommodate car wash, valet service and window tinting business (Sui Generis) (Amended plans received 26/5/2021)

Applicant: Mr N Okeke

 

The Senior Planning Officer presented the report and drew Member’s attention to the supplementary report which set out policy considerations and further considerations.

 

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

 

Councillor Joshi then addressed the Committee as a Ward Councillor, 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 refused for the reasons set out in the report.  This was seconded by Councillor Whittle and upon being put to the vote, the motion to refuse was CARRIED.

 

RESOLVED:

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

 

              REASONS FOR REFUSAL

 

1.           The proposal, by reason of use, outside seating area and its design and lack of an active frontage to Uppingham Road together with the display of advertisement boards would on a prominent site fail to take account of the setting and context of the area, and represents poor design that is contrary to policy CS03 of the Leicester Core Strategy and paragraph 126 and 134 of the National Planning Policy Framework 2021

 

2.           The proposal, by reason of its siting, design and the height of the proposed building together with the display of the proposed advertising boards, would have a significant detrimental impact on the setting of the Grade II listed building of St Barnabas Church, 28 St Barnabas Road contrary to policy CS18 of the Leicester Core Strategy and paragraph 199 of the National Planning Policy Framework 2021.

 

              NOTES FOR APPLICANT

 

1.           The City Council engages with all applicants in a positive and proactive way through specific pre-application enquiries and the detailed advice available on the Council’s website. On this particular application no pre-application advice was sought before the application was submitted and no negotiations have taken place during the course of the application. The City Council has determined this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received. As the proposal is clearly unacceptable, it was considered that further discussions would be unnecessary and costly for all parties.

38.

20190377 32, 34 & 36 BARKBYTHORPE ROAD pdf icon PDF 268 KB

Additional documents:

Minutes:

Ward: Troon

Proposal: DEMOLITION OF EXISTING 3 DWELLINGS; CONSTRUCTION OF 18 DWELLINGS INCLUDING ASSOCIATED EXTERNAL WORKS (AMENDED PLANS. (S106 agreement)

Applicant: MRS P.P. WALKER

 

The Planning Officer presented the report and drew Members attention to the supplementary report which set out an amended recommendation in relation to a Section 106, amended conditions and notes, policy considerations and further considerations.

 

Members considered the report and supplementary 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, the amendments set out in the supplementary report and a Section 106 agreement in accordance with the officer recommendation. This was seconded by Councillor Dr Moore and, upon being put to the vote, the motion to approve was CARRIED.

 

RESOLVED:

that the application be APPROVED subject to the amendments set out in the supplementary report, a Section 106 agreement and 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 the materials to be used for the development shall be submitted to and approved in writing with the City Council as local planning authority. The development shall be carried out in accordance with the approved materials. (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.           Prior to the commencement of any development a detailed landscaping scheme and ecological management plan (LEMP) showing the treatment and maintenance of all parts of the site which will remain unbuilt upon shall be submitted to and approved in writing by the City Council as local planning authority. This scheme shall include details of: (i) the position and spread of all existing trees, shrubs and hedges to be retained or removed; (ii) new tree and shrub planting, including plant type, size, quantities and locations; (iii) means of planting, staking, and tying of trees, including tree guards; (iv) other surface treatments; (v) boundary treatments; (vi) any changes in levels; (vii) the position and depth of service and/or drainage runs (which may affect tree roots). The approved LEMP scheme shall contain details on the after-care and maintenance of all soft landscaped areas and be carried out within one year of completion of the development. For a period of not less than five years from the date of planting, the applicant or owners of the land shall maintain all planted material. This material shall be replaced if it dies, is removed or becomes seriously diseased. The replacement planting shall be completed in the next planting season in accordance with the approved landscaping scheme. (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 38.

39.

20210988 305 NEW PARKS BOULEVARD pdf icon PDF 139 KB

Additional documents:

Minutes:

Ward: Western

Proposal: Construction of a single storey extension at side and front of house (Class C3); (Amended 16/07/2021)

Applicant: Mr Mick Linthwaite

 

The Senior Planning Officer presented the report. The supplementary report also noted policy considerations and further considerations.

 

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 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:

 

              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 new walls and roof shall be constructed in materials to match those existing. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.)

 

3.           This consent shall relate solely to the amended plans received by the City Council as local planning authority on 16/07/2021. (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.

40.

20211307 96 KERRYSDALE AVENUE pdf icon PDF 190 KB

Additional documents:

Minutes:

Ward: Rushey Mead

Proposal: Construction of single storey extension at front and rear; two storey extension at side and rear; single storey detached outbuilding at rear of house (Class C3) (Amended plans received on 03/08/2021)

Applicant: Sima Chauhan

 

The Senior Planning Officer presented the report and drew Members’ attention to the supplementary report which set out an amended description, amended conditions, an additional note to the applicant, policy considerations and further considerations.

 

Members considered the report and supplementary report, there were no comments or 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 the amendments/ additions set out in the supplementary 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 amendments/ additions set out in the supplementary report 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 new walls and roof shall be constructed in materials to match those existing. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.)

 

3.           Before the occupation of the proposed extension new windows facing 98 Kerrysdale Avenue 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 98 Kerrysdale Avenue and in accordance with policy PS10 of the City of Leicester Local Plan).

 

4.           Development shall be carried out in accordance with the following approved plans:

              Proposed Location Plan & Proposed Site Plan, 20/450/PL01, REVISION B, received 03/08/2021.

              Proposed Plans, 20/450/PL03, REVISION B, received 03/08/2021.

              Proposed Elevations, 20/450/PL04, REVISION C, received 03/08/2021.

              Proposed Outbuilding Plans & Elevations, 20/450/PL05, REVISION A, received 24/05/2021.

              (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 (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.

 

             This development may require a permit under Environmental Permitting (England and Wales) Regulations 2010 from the Environment Agency for any proposed works or structures, in, under, over or within eight metres of the top of the bank of the Melton Brook, designated a 'mainriver'. This was formerly called a Flood Defence Consent. Some activities are also now excluded or exempt. A permit is separate to and in  ...  view the full minutes text for item 40.

41.

CLOSE OF MEETING

Additional documents:

Minutes:

The meeting closed at 8.21pm.