Agenda and minutes

Apologies were received from Councillor Mohammed and Councillor Singh Patel. It was noted that Councillor Dave was present as substitute for Councillor Singh Patel.

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 Kennedy-Lount declared a non-prejudicial interest relating to training he had received regarding food hygiene.

Councillor Bonham declared that he had already made representations on the 2 Maidenwell Avenue application and would therefore not participate in that item.   

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 introduced the process of how each application would be heard and noted that applications would be considered in the same order as published on the agenda.

Ward: Knighton

Proposal: Change of use from dwellinghouse (1x3 bed) (Class C3) to residential care home (Class C2) (amended plans and details received 14/09/2023)

Applicant: Blue Valley Care

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

Mubarak Tahir, the applicant, addressed the Committee and spoke in support of the application.

Harpal Soor addressed the Committee and spoke in objection to the application.

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

The Chair summarised the application and points raised by the Committee and moved that in accordance with the Officer recommendation and the addendum report, the application be approved. This was seconded by Councillor Aldred and upon being put to the vote the motion was CARRIED.

RESOLVED: permission was granted subject to 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.           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. These arrangements shall be maintained thereafter. (In the interests of the amenities of the surrounding area, and in accordance with policy PS10 of the City of Leicester Local Plan and Core Strategy policy CS03.)

3.           The development shall not be occupied until the Rockwool Flexi Acoustic Slab noise insulation scheme submitted on the 14/09/2023 is provided and installed at the property from floor to ceiling in all the locations along the common boundary with 105 Northdene Road as shown within the submitted details. The insulation scheme shall be retained as such for the lifetime of the development. (In the interests of the amenities of future users and of neighbouring properties, and in accordance with policies PS10 and PS11 of the City of Leicester Local Plan.)

4.           The detached outbuilding shall not be used as living accommodation and shall not be used independently of the main building. (In the interests of residential amenity in accordance with Policy PS10 of the City of Leicester Local Plan.)

5.           Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, as amended, or any order amending or revoking and replacing that Order with or without modification, the premises shall not be used for any purpose other than for a care home within Class C2 of the Order, unless otherwise approved in writing by the local planning authority. (To enable consideration of the amenity, parking and highway safety impacts of alternative Class C2 uses, in accordance with Policies CS03, CS06 and CS14 of the Leicester Core Strategy (2014) and saved Policies PS10 of the Local Plan (2006.)

6.           Development shall be carried out in accordance with the following approved plans and supporting documents:

              Proposed Floor Plans, received 22/05/2023

              Planning Statement received on 22/05/2023

              (For the avoidance of doubt).

              NOTES FOR APPLICANT

1.  ...  view the full minutes text for item 21.

Ward: Humberstone & Hamilton

Proposal: Construction of drive-thru restaurant including hot food takeaway (Class E & Sui Generis) to south of supermarket and carpark; associated landscaping; access (Amendments received 17th April 2023)

Applicant: Boparan Restaurant Group

At this point Councillor Bonham left the room.

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

Chris Jones, on behalf of the applicant, addressed the Committee in support of the application.

Members of the Committee considered the application and Officers responded to questions and points raised by the Committee.

The Chair summarised the application and points raised by Committee Members and moved that in accordance with the Officer recommendation and the addendum report, the application be approved. This was seconded by Councillor Agath and upon being put to the vote, the motion was CARRIED.

RESOLVED: permission was granted subject to 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 be carried on outside the hours of 11:00 while 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.)

3.           The external elevations shall be constructed in materials indicated in the approved plans. (In the interests of visual amenity, and in accordance with Core Strategy policy CS03.)

4.           A. No groundworks or new development shall take place or commence until a programme of archaeological investigation has been agreed in accordance with a prepared Written Scheme of Investigation submitted to and approved in writing by the local planning authority. The scheme shall include:

              (1) an assessment of significance and how this applies to the regional research framework;

              (2) the programme and methodology of site investigation and recording;

              (3) the programme for post-investigation assessment;

              (4) provision to be made for analysis of the site investigation and recording;

              (5) provision to be made for publication and dissemination of the analysis and records of the site investigation;

              (6) provision to be made for archive deposition of the analysis and records of the site investigation;

              (7) nomination of a competent person or persons or organization to undertake the works set out within the Written Scheme of Investigation.

              B. No new development shall take place other than in accordance with the Written Scheme of Investigation approved under (A) above.

              C. The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under (A) above, and the provision made for analysis, publication and dissemination of results and archive deposition has been secured. (To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition)

5.           No part of the development shall be occupied until secure and covered cycle parking has been provided and retained thereafter, in accordance with the approved site  ...  view the full minutes text for item 22.

Ward: Castle

Proposal: Change of use from public house (sui generis), partial demolition and extensions to sides and roof to form a five-storey building with 38 flats (26 x studio, 12 x 1bed) (Class C3) (Amended plans)

Applicant: Mr Vijay Patel

At this point Councillor Bonham re-joined the meeting.

The Planning Officer presented the report.

Councillor Kitterick, as Ward Councillor, addressed the Committee in objection to the application.

Members of the Committee considered the application and Officers responded to questions and points raised by the Committee.

The Chair summarised the application and moved that in accordance with the Officers recommendation, and subject to the completion of the required S106 agreement, the application be approved. This was seconded by Councillor Moore and upon being put to the vote the motion was CARRIED.

RESOLVED:

              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.           Should the development (including demolition) not commence within 18 months of the date of the last protected species survey (carried out by (Estrada Ecology on the 21st of August 2023), then a further protected species survey shall be carried out of the building by a suitably qualified ecologist. The survey results and any revised mitigation shall be submitted to and approved in writing by the Local Planning Authority and any identified mitigation measures carried out in accordance with the approved details. Thereafter, the survey should be repeated annually and any mitigation measures reviewed by the Local Planning Authority until the development commences. (To comply with the Wildlife and Countryside Act 1981 (as amended by the CroW Act 2000), the Habitat & Species Regulations 2017 and CS17 of the Core Strategy.)

3.           Development shall be carried out in accordance with the working practices in the Bat Activity Report (Estrada Ecology, 31st of August 2023) and especially sections 9 & 10 regarding bats and birds. (To comply with the Wildlife and Countryside Act 1981 (as amended by the CroW Act 2000), the Habitat & Species Regulations 2017 and CS17 of the Core Strategy.)

4.           A. No development (including demolition) shall take place, until the applicant has secured the implementation of an appropriate programme of archaeological fieldwork undertaken by a competent and experienced organisation and in accordance with a Written Scheme of Investigation (WSI), which has first been submitted to and approved in writing by the Local Planning Authority. The WSI must include an assessment of significance and research questions; and:

              (1) the programme and methodology of site investigation and recording;

              (2) provision to be made for analysis of the site investigation and recording;

              (3) provision to be made for publication and dissemination of the analysis and records of the site investigation where appropriate;

              (4) provision to be made for archive deposition of the analysis and records of the site investigation;

              B. No development shall take place other than in accordance with the WSI approved under (A) above.

              C. No flat shall be occupied, until  ...  view the full minutes text for item 23.

There being no other business the meeting closed at 7.18pm.