Agenda and minutes

Apologies for absence were received from Councillor Wsetley.

Members are asked to confirm that the minutes of the meeting of the Planning and Development Control Committee held on 5 October 2022 are a correct record.

RESOLVED:

That the minutes of the meeting of the Planning and Development Control Committee held 5 October 2022  be confirmed as a correct record.

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.

Councillor Thalukdar declared that the application on 22a Staveley Road was in the Stoneygate Ward where he was the Ward Councillor and that he would approach the application with an open mind.

Councillor Valand declared that he had received a representation from the appellant via email at 9 Uppingham Close but would approach the application with an open mind.

Councillor Joshi declared that he had also received a representation from the appellant via email, for the application on 9 Uppingham Close and would consider the application with an open mind. Councillor Joshi further declared that he would be making a representation to the Committee for the appellant on 8 Thoresby Street as the local Ward Councillor at which point, he would step down from his position as a Committee Member.

Councillor Chamund declared that she had received a representation from the appellant for the application on 9 Uppingham Close but would approach the application with an open mind.

The Chair declared that he had received representations via email from the appellants at 22a Staveley Road and 9 Uppingham Close but would approach the applications with an open mind.

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 noted that the order of which the applications would be considered would be as follows:

1)    20221285 - 9 Uppingham Close

2)    20221334 – 22a Staveley Road

3)    20213007 – 80 Queens Road

4)    20221993 – 87 Kincaple Road

5)    20213040 – Melton Road, Land North of Sainsbury’s

6)    20220977 – 8 Thoresby Street.

20221285 - 9 Uppingham Close

Ward: Evington

Proposal: Construction of first floor extension; alterations to house (Class C3) (amended plans received 27/09/2022)

Applicant: Gurnake Singh

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

Gurnaka Singh the appellant addressed the Committee with a representation in support of the application.

Alan Whatley addressed the Committee in objection to the application.

Councillor Bajaj addressed the Committee as the local Ward Councillor and spoke in objection to the application.

Members of the Committee considered the report and Planning Officers provided responses to the comments and the 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. This was seconded by Councillor Thalukdar 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.           Prior to the application of external materials, details of the materials to be used on all external elevations and roofs shall be submitted to and approved by the City Council as local planning authority and retained as such. (In the interests of visual amenity, and in accordance with Policy CS03 of the Leicester Core Strategy (2014) and saved Policy PS10 of the City of Leicester Local Plan (2006)).

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

              Mixed Plans, 883 - 1 to 7 rev I, received 27/09/2022

              (For the avoidance of doubt).

              NOTES FOR APPLICANT

1.           The proposal has been amended during the course of the application process. The approved development would need to be constructed in accordance with the amended plans received on 27/09/2022 to satisfy condition 3.

2.           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 2021 is considered to be a positive outcome of these discussions.

20221334 - 22A Staveley Road

Ward: Stoneygate

Proposal: Demolition of builders yard building; construction of two-storey building to provide 8 flats (1 x 1 bed & 7 x 2 bed) (Class C3) (amended plans)

Applicant: Nico Properties Ltd

The Planning Officers presented the report and drew Members attention to the addendum report.

Karen Brightman the applicants agent addressed the Committee in support of the application.

Shabir Mulla addressed the Committee and spoke in objection to the application.

Councillor Rahman addressed the Committee as the local Ward Councillor and spoke in objection to the application.

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

The Transport Planning Officer provided responses to Members queries and comments around highways related matters.

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. This was seconded by Councillor Dr Moore 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.           Prior to the commencement of development (including the demolition of the existing building), the site shall be investigated for the presence of land and building contamination in accordance with the Phase 1 report (Ref : 1511R V2 Nico - Leicester). If contamination is found, then a scheme of remedial works to render the land and existing building safe for the development, shall be submitted to and approved in writing, by the 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 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 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 waters, ecological systems; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This shall be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11". (To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite  ...  view the full minutes text for item 41.

20213007 - 80 Queens Road

Ward: Castle

Proposal: Change of use from Betting Shop (Sui Generis) to Restaurant (Class E); Installation of ventilation flue

Applicant: Mr Vimal Kumar Rana

Councillor Thalukdar left the meeting at this point.

The Planning Officer presented the report.

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

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

The Chair summarised the application and points raised by members and 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 Aldred 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.           No noise or vibration from the operation of the ventilation system detrimental to amenity shall be perceptible in any adjoining property. (In the interests of the amenities of nearby occupiers, and in accordance with policies PS10 and PS11 of the City of Leicester Local Plan.)

3.           The use shall not be carried on outside the hours of 10:00 to 23:00 daily. (In the interests of the amenities of nearby occupiers, 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:

              Plans – 2021/12/340/B Pages 1-8 – Received on 17/02/2022

              (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 planning considerations, including planning policies and representations that may have been received and subsequently determining 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.

20221993 - 87 Kincaple Road

Ward: Rushey Mead

Proposal: Construction of single storey extension at front of house (Class C3)

Applicant: Mr & Mrs Bodalia 

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

Daxa Rajgor addressed the Committee and spoke in objection to the application.

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

The Chair summarised the application and moved that the in accordance with the Officer recommendation, the application be approved subject to the conditions set out in the report. This was seconded by Councillor Aldred 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 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.)

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

              Proposed Elevations, PL87 A202, revision A, received 12 October 2022

              Proposed Roof Plan, PL87 A201, revision A, received 12 October 2022

              Proposed Ground Floor Plan, PL87 A200, revision A, received 12 October 2022

              Existing and Proposed Site Plan, PL87 A205, revision A, received 12 October 2022

              (For the avoidance of doubt).

              NOTES FOR APPLICANT

1.           No permission is granted or implied for any development (including any overhanging projection/s) outside the application site.

2.           The City Council, as local planning authority has acted positively and proactively in determining this application by assessing the proposal against all material planning considerations, including planning policies and representations that may have been received and subsequently determining 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.

3.           It is considered that there is a perceptible risk from landfill gas adversely affecting this site. It is therefore recommended that the advice of a suitable consultant should be sought and carried out in the design and development of any building at this site, or underground services associated with them. It is pointed out that it is the developer's responsibility for the safe development and secure occupancy of this site.

20213040 - Melton Road , Land North of Sainsburys

Ward: Rushey Mead

Proposal: Construction of a dual brand motor retail facility (Sui Generis), including car showroom, offices, repair, MOT testing and valeting, alongside access, landscaping and associated works

Applicant: Henry Boot Developments Limited

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

Richard Frudd the applicants agent addressed the Committee and spoke in support of the application.

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

The Chair summarised the application and 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 Councillor Joshi and upon being put to the vote the motion was CARRIED.

RESOLVED:

                           That the application be APPROVED subject to the condition 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 part of the development shall be occupied until 12 secure and covered cycle parking spaces have been provided and retained thereafter. (In the interests of the satisfactory development of the site and in accordance with saved policy AM02 of the City of Leicester Local Plan).

3.           No part of the development shall be occupied until an Area Wide Travel Plan for the development has been submitted to and approved in writing by the Local Planning Authority and shall be carried out in accordance with a timetable to be contained within the Travel Plan, unless otherwise agreed in writing by the Local Planning Authority. The plan shall (a) assess the site in terms of transport choice for staff, users of services, visitors and deliveries; (b) consider pre-trip mode choice, measures to promote more sustainable modes of transport such as walking, cycling, car share and public transport (including providing a personal journey planner, information for bus routes, bus discounts available, cycling routes, cycle discounts available and retailers, health benefits of walking, car sharing information, information on sustainable journey plans, notice boards) over choosing to drive to and from the site as a single occupancy vehicle users, so that all users have awareness of sustainable travel options; (c) identify marketing, promotion and reward schemes to promote sustainable travel and look at a parking management scheme to discourage off-site parking; (d) include provision for monitoring travel modes (including travel surveys) of all users and patterns at regular intervals, for a minimum of 5 years from the first occupation of the development brought into use; (e.) a framework Area Wide Travel Plan, to cover all other development within the adjacent development plots, to share best practice (including marketing/promotion/sharing ideas/monitoring etc.) to encourage use of smarter choices of travel to the site for all users; (f.) a Parking Management Plan/Strategy explaining how parking at the site shall be allocated, managed and monitored.  ...  view the full minutes text for item 44.

20220977 - 8 Thoresby Street

Ward: North Evington

Proposal: Retrospective application for construction of single storey extension at front, side and rear of house; alterations (Class C3) (Amended plans received 5/8/2022)

Applicant: Mrs R Mann

Councillor Joshi stepped down from his role as a Committee Member.

The Planning Officer presented the report.

Raj Mann the appellant addressed the Committee and spoke in support of the application.

Councillor Joshi addressed the Committee as the local Ward Councillor and spoke in support of the application.

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

The Chair summarised the application and points raised by Members of the Committee and moved that the application be deferred. This was seconded by Councillor Aldred and upon being put to the vote, the motion was approved.

RESOLVED:

                           That the application be DEFFERRED.

The meeting closed at 9:00pm.