Agenda and minutes

No apologies for absence were received.

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.

Councillor Dr Moore declared that she had received an email in relation to application 20211586 148 Victoria road application but did not have an interest to declare and would be considering the application with an open mind.

Councillor Thalukdar declared that he had received the same email in relation to application 20211586 148 Victoria Road application but did not have an interest to declare and would be considering the application with an open mind.

Councillor Joel declared that she had also received the email in relation to application 20211586 148 Victoria Road application but did not have an interest to declare and would be considering the application with an open mind.

Councillor Aldred, Vice Chair declared that she had also received the email in relation to application 20211586 148 Victoria Road application but did not have an interest to declare and would be considering the application with an open mind.

Councillor Riyait, the Chair declared that he had also received an email in relation to application 20211586 148 Victoria Road application but did not have an interest to declare and would be considering the application with an open mind.

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

RESOLVED:

That the minutes of the meeting of the Planning and Development Control Committee on 6 October 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.

RESOLVED:

That the report of the Director of Planning, Development and Transportation dated 17 November 2021 on applications, together with the supplemental report and information reported verbally by Officers, be received and action taken as below.

20211586 - 148 Victoria Park Road

Ward: Castle

Proposal: Change of use from house (Class C3) to three flats (3 x 2 bed) (Class C3); construction of hardstanding at front; construction of dormer extension at rear; alterations (amended plans received 15/10/2021, 19/10/2021 and 5/11/2021)

Applicant: Mr and Mrs Singh

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

Councillor Vandeviji Pandya entered the meeting at 5.40pm and did not participate in the debate or vote on this application.

Nick Antil and Ian Brown addressed the Committee and spoke in objection to the application.

Councillor Patrick Kitterick addressed the Committee and spoke in objection to the report.

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

The Chair summarised the application and the points raised by Members of the Committee and moved that in accordance with the Officer recommendation, the application be approved subject to the conditions set out in the report and the addendum. This was seconded by Vice Chair, Councillor Aldred and upon being put to the vote the motion was REJECTED.

The Chair suggested that Members of the Committee move a new motion.

The Legal Advisor to the Committee suggested that Members of the Committee would need to move a new motion with suggested reasons for refusal before the Committee could proceed.

Councillor Whittle moved that, this application be refused because there is significant demand for large family properties and the number of large family homes in the area is in decline and would result in an unbalanced community. 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 REJECTED and that the detailed wording of the decision be delegated to Officers in consultation with the Chair and Vice Chair.

20182726 - 188 Welford Road

Ward: Castle

Proposal: Demolition of existing building; construction of three storey building to provide student accommodation (18 x studio flats) (Sui Generis) (Amended plans 24/6/2020 & 26/6/2020) (S106 Agreement)

Applicant: WELFORD DEVELOPMENTS LTD

The Planning Officer presented the report.

Ian Brown addressed the Committee and also spoke in behalf of Stefan Dziewanowski in objection to the application.

Councillor Patrick Kitterick addressed the Committee and spoke in objection to the application.

Members of the Committee 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 Joel and upon being put to the vote the motion was CARRIED.

Councillor Joel left the meeting at 7:04pm

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 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 2006.)

3.           Prior to the commencement of development (excluding the demolition of the existing buildings), the site shall be investigated for the presence of land contamination, and a Site Investigation Report incorporating a risk assessment and, if required, scheme of remedial works to render the site suitable and safe for the development, shall be submitted to and approved in writing, by the City Council as local planning authority. Prior to the occupation of any flat, the approved remediation scheme shall be implemented, and a completion report shall be submitted to and approved in writing, by the City Council as local planning authority. Prior to the occupation of any flat, any parts of the site where contamination was previously unidentified and found during the development process shall be subject to remediation works carried out and approved in writing, by the City Council as local planning authority. The report of the findings shall include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: human health, property (existing or proposed) including buildings, pets, service lines and pipes, adjoining land, ground waters and surface  ...  view the full minutes text for item 14.

20210768 - 67 Ainsdale Road

Ward: Western

Proposal: Construction of single storey extension at front, side and rear; part two storey extension at side of house (Class C3) (Amended plans received 16/08/2021)

Applicant: Mr Lee Warner

The Planning Officer presented the report.

It was noted that the application was recommended for approval and no objections had been received. The Application was brought to Committee as the applicant is a Council Officer.

There were no questions or queries raised by Members of the Committee.

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 Pandya and upon being put to the vote the motion 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.           Development shall be carried out in accordance with the following approved plans:

              BLOCK PLAN, 002, received 22/06/2021

              PROPOSED PLANS, 004, REVISION D, received 16/08/2021

              PROPOSED SECTIONS, 005, REVISION C, received 16/08/2021

              (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 2021 is considered to be a positive outcome of these discussions.

2.           All foundations, gutters and downpipes should be wholly within the application site.

The Director for Planning, Development and Transportation submits a report.

Members of the Planning and Development Control Committee are recommended to pass their comments to the Director of Planning, Development and Transportation.

The Senior Building Conservation Officer presented the report and delivered an overview to Members of the Committee.

It was noted that the public consultation was underway and there were certain heritage and ecology constraints that were already identified in the area. The proposed Conservation Area extension in the Westcotes Ward and potential new Conservation Area in the Fosse Ward were suggestions that originated from local residents and Ward Councillors.

Members of the Committee were asked to pass any comments or queries to Officers.

The Chair noted that Councillor Waddington, one of the local ward councillors, had applauded the Officer for their work and had suggested that Kirby Road also be included with in the proposals.

As part of the discussions, it was noted that:

·         Conservation was more around protecting buildings and trees and was a practical protection term.

·         The Kirby Road addition was a reasonable suggestion as part of the street was already included in the original proposal, but it needed to be properly assessed.

·         The Heritage Grant Scheme provided grants of up to £3000 for repairs to buildings or for reinstating missing historic features, such as doors and windows. Advice on designs and lists of contractors were also available.

·         Members of the Committee supported preserving heritage and welcome the linked control measures for conversions in conservation areas.

·         Officers were thanked for their work and the detailed presentation.

Members of the Committee were thanked for their comments and it was noted that this would assist in preparing the final document following assessment of the wider public consultation. The overall decision would be made by the City Mayor and if approved will be in place in early 2022.

RESOLVED:

1)    That Members of the Committee support and welcome the proposals; and

2)    That, Members of the Committee support the inclusion of Kirby Road as part of the new conservation area proposal.

There being no items of urgent business the meeting closed at 8:04pm