Agenda and minutes

Apologies for absence were received from Councillor Joel, Councillor Thalukdar and Councillor Valand.

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.

There were no declarations of interest.

Members are asked to confirm that the minutes of the meeting of the Planning and Development Control Committee held on 4 August 2021 are a correct record.

AGREED:

That the minutes of the meeting of the Planning and Development Control Committee on 4 August 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The Chair announced that two of the applications on the agenda, 9 Grace Road and 58 Stoneygate Road had been withdrawn and would be scheduled for determination at the next meeting of the Planning and Development Control Committee.

The Chair further noted that, he would take the planning reports in a different order to that given in the agenda due to the attendance of the members of the public who had registered to speak and in the interest of the people in the public gallery.

RESOLVED:

            That the report of the Director of Planning, Development and Transportation dated 15 September 2021, on applications, together with the supplemental report and information reported verbally by officers, be received and action taken as below:

20210777 - 24 Guthridge Crescent, Former Braunstone South Housing Office

Ward: Braunstone Park & Rowley Fields

Proposal: Change of use from office (Class E) to non-residential educational use and place of worship (Class F1); alterations (Amended plans received 23/6/2021)

Applicant: Mr Mohammed Mahdi

The Chair noted that he would use his discretion to allow the agent for the application to address the Committee.

The Planning Officer presented the report and drew Members attention to the supplementary report.

Mr Osman, the applicant’s agent, addressed the Committee and spoke in support of the application.

Mr Heidari 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 Moore 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 0730-2200 daily. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)

3.           There shall be no external amplified call to prayer or oral announcements. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)

4.           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 amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)

5.           No part of the development shall be occupied until details of arrangements for storage of bins and collection of waste have been submitted to and approved by the City Council as local planning authority. The bin storage shall be provided in accordance with the agreed details and the collection of waste arrangements shall be maintained thereafter. (In the interests of the amenities of the surrounding area, and in accordance with saved policy PS10 of the City of Leicester Local Plan and Core Strategy policy CS3.)

6.           No part of the development shall be occupied until secure and covered cycle parking shall be 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 H07 of the City of Leicester Local Plan).

7.           The development shall be operated in accordance with the approved Travel Plan and Parking Strategy Document dated June 2021. (To promote sustainable transport and in accordance with policies AM01, AM02, and AM11 of the City of  ...  view the full minutes text for item 45a

20192082 - 186 Welford Road

Ward: Castle

Proposal: Demolition of antiques warehouse (Sui Generis); construction of two blocks (1 x 3 storey & 1 x 4 storey) for student accommodation (Sui Generis) to provide 43 studio apartments; vehicular access (Amended plans) (S106 Agreement)

Applicant: UK Land Limited

The Planning Officer presented the report and drew Members attention to the supplementary report.

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

Ian Brown, Chair of Friends of Clarendon Park, addressed the Committee and spoke in objection to the application.

Peter Ireson addressed the Committee and spoke in objection of the application.

Councillor Patrick Kitterick addressed the Committee as the local Ward Councillor.

Members of the Committee considered the report and Officers responded to comments and queries raised.

The Chair noted there were a number of concerns around the character of the building and the visual amenity and move the motion to APPROVE the application, this was not seconded.

The Committee then had further discussions on the Article 4 Direction of the Local Plan. It was suggested that this did not have any correlation with Article 4 and that the site was not in C3 use, this would be a new build block of purpose-built student flats.

It was noted that the Committee were assessing the information provided and the reasons were based on valid material planning considerations. Legal Officers in attendance suggested that a motion to reject the application would have to be legal and worded robustly, detailing the reasons for refusal. Legal Officers further advised that a deferral of the application, as suggested by the Committee, would need to be supported by proper planning reasons. 

Following further discussions, the Chair moved the motion to APPROVE with the Officer recommendations. 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 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 City Council as local planning authority, on demand at all reasonable times. (To enable the Local Planning Authority to consider the need for affordable and accessible housing and education provision to be provided, in accordance with policies CS06, CS07 and CS19 of the Core Strategy and policies PS10 & H07 of the City of Leicester Local Plan.)

3.           Prior to the commencement of development  ...  view the full minutes text for item 45b

20192079 - 169 BELGRAVE GATE

Ward: Castle

Proposal: Variation of Condition 2 attached to planning permission 20190451 to extend hours of use from 07:30 to 23:00 daily to 05:00 to 23:00 daily for use of ground floor as restaurant (Class E)

Applicant: Mr Milan Sonigra

The Planning Officers presented the report.

Councillor Kitterick addressed the Committee as the local Ward Councillor.

Members considered the report and Officers responded to the comments and queries raised. It was noted that the reason for refusal was based on noise pollution.

As there were no concerns raised by residents and that the application would encouraged economic activity the chair moved the motion to APPROVE the application on a one year limited period basis with the same conditions that were imposed on 20190451 except for the 3 year commencement condition.. 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 and that the wording of the decision be delegated to the Officers in consultation with the Chair and Vice Chair.

There being no items of urgent business the meeting closed at 7:40pm.