Agenda and minutes

The Chair welcomed those present and led on introductions.

Apologies were received from Councillor Kennedy-Lount, who was substititued by Councillor Porter.

Apologies were received from Councillor Aldred.

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 Osman declared and interest in the second application, 10 Rockery Close as the ward councillor for the Thurncourt ward. However, confirmed to hear 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 12 June 2024 are a correct record.

RESOLVED:

That the minutes of the meeting of the Planning and Development Control Committee held 12 June 2024  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.

20240426 - 6 Hyde Close

Ward: Beaumont Leys

Proposal: Change of use from house (Class C3) to residential children's care home (Class C2) (max 3 children)

Applicant: Mrs Stacy Jemwa

The Planning officer presented the report.

Reece Curtis addressed the Committee and spoke in support of the application.

Harry Fowler addressed the Committee and spoke in opposition to the application.

Councillor Rae Bhatia addressed the Committee and spoke in in objection of the application.

Members of the Committee considered the report and Officers responded to the 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 Officers recommendation, the application be approved subject to the conditions set out in the report. This was seconded by Councillor Cassidy and upon being put to the vote, the motion was NOT CARRIED.

AMENDMENT

Councillor Porter moved an alternative motion that the proposed scheme should be refused as the proposal by reason of negative impacts upon the amenity of occupiers of nearby residential properties from associated noise and activities would be unacceptable and contrary to paragraph 135f of the NPPF and Saved Policies PS10 and PS11 of the 2006 City of Leicester Local Plan.

This was seconded by Councillor Osman, the amendment was CARRIED. 

RESOLVED: That the application be refused as the proposal by reason of negative impacts upon the amenity of occupiers of nearby residential properties from associated noise and activities would be unacceptable and contrary to paragraph 135f of the NPPF and Saved Policies PS10 and PS11 of the 2006 City of Leicester Local Plan.

That the detailed wording of the reasons for refusal to be delegated to officers to draft in consultation with the Chair of Planning Committee.

20240982 - 10 Rockery Close

Ward: Thurncourt

Proposal: Change of use from dwellinghouse (Class C3) to residential children's home (Class C2) (4 children)

Applicant: Mr Ranjit Singh Baines

The Planning Officer presented the report.

Dean Bennett addressed the Committee and spoke in support of the application.

Miss A.F Patel addressed the Committee and spoke in opposition to the application.

RESOLVED: that the application be refused as the proposal by reason of negative impacts upon the amenity of occupiers of nearby residential properties from associated noise and activities would be unacceptable and contrary to paragraph 135f of the NPPF and Saved Policies PS10 and PS11 of the 2006 City of Leicester Local Plan.

That the detailed wording of the reasons for refusal to be delegated to officers to draft in consultation with the Chair of Planning Committee.

20240806 - 2 Broadway Road

Ward: Stoneygate

Proposal: Construction of a hip to gable roof alteration and dormer to the rear of house (Class C3)

Applicant: Mr O Ebrahim

The Planning Officer presented the report.

Alex Prowse addressed the Committee and spoke in support of the application.

Members of the Committee considered the report and Officers responded to the 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 Officers recommendation, the application be approved subject to the conditions set out in the report. This was seconded by Councillor Mohammed and upon being put to the vote, the motion was CARRIED.

RESOLVED: That the application be APPROVED subject to conditions relating to:

·       secure the completion of the works within 6 months of the decision

·       secure compliance with the approved plans

·       ensure that the materials used will match the existing property to secure an appropriate standard of development

The detailed wording of the conditions to be drafted by officers in consultation with the Chair of Planning Committee.

20240303 - 31 Clarefield Road

Ward: Western

Proposal: Variation of condition 4 (approved plans condition) attached to planning permission 20220424 (single storey extension at front and first floor extension to side of house (Class C3)) to include construction of single storey  extension to front of house

Applicant: Mr Gurjeet Rajania

The Planning Officer presented the report.

Members of the Committee considered the report and Officers responded to the 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 Officers recommendation, the application be approved subject to the conditions set out in the report. This was seconded by Councillor Cassidy and upon being put to the vote, the motion was CARRIED.

RESOLVED: That the application be APPROVED subject to conditions set out below:

          CONDITIONS

1.       The development shall be begun within three years from the date of the initial permission (4th August 2022). (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.       Before the occupation of the new utility space, the window facing 29 Clarefield Road shall be fitted with sealed obscure glazing to Pilkington level 4 or 5 (or equivalent) (with the exception of top opening light) and retained as such. (In the interests of the amenity of occupiers of 29 Clarefield Road 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 variation of condition, 2021-29-PL-03 - rev 1, received 1 June 2024

          (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 2023 is considered to be a positive outcome of these discussions.

20240067 - 25 Gotham Street

Ward: Stoneygate

Proposal: Construction of dormer extension at rear; installation of two skylights at front; conversion of basement to store room and Installation of window at front and rear of basement; alterations to house (Class C3) (Amended plans received 31/05/2024)

Applicant:  Redacted for personal safety reasons

The Planning Officer presented the report.

Members of the Committee considered the report and Officers responded to the 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 Officers recommendation, the application be approved subject to the conditions set out in the report and additional conditions set out in the addendum report.. This was seconded by Councillor Mohammed 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 cheeks and roof of the dormer(s) shall be constructed in materials to match the existing roof. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.)

3.         The basement window to the front shall be made from timber. (In the interests of visual amenity and the character and appearance of the Soth Highfields Conservation Area, and in accordance with Core Strategy policy CS3 and CS18)

4.         The external elevations shall be constructed in materials to match those existing. (In the interests of visual amenity and the character and appearance of the Soth Highfields Conservation Area, and in accordance with Core Strategy policy CS3 and CS18)

5.         The basement shall not be used as a habitable room. (In the interests of residential amenity in accordance with Policy PS10 of the City of Leicester Local Plan.)

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

            Existing and Proposed Elevations, D201 - 31/12/2023, received 31/05/2024

            Proposed Floor Plans, D102 - 31/12/2023, received 31/05/2024

            Existing and Proposed Elevations, D202 - 31/12/2023, received 31/05/2024

            Existing and Proposed Sections, D203 - 31/12/2023, received 31/05/2024

            Existing and Proposed Sections, D203 - 31/12/2023, received 31/05/2024

            (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 2023 is considered to be a positive outcome of these discussions.