Agenda and minutes

An apology for absence was received from Councillor Dr Chowdhury.

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 interest they had in the business on the agenda, including under the Council’s Good Practice Guidance for Member Involvement in Planning and Development Management Decisions.

Councillor Aldred declared that she had received an e-mail in relation to planning application 20172690 10 Canal Street Aylestone, an e-mail from the Stoneygate Conservation Area Society in relation to planning application 20180611 58 Stoneygate Road and an e-mail from the Leicester Disabled People’s Access Group in relation to agenda item 5, “York Road Improvement Scheme – Objection to Proposed Raised Speed Reducing Features”.  She further declared that she had not opened these e-mails and approached the meeting with an open mind.

Councillor Dr Barton declared that she had received an e-mail in relation to planning application 20180611 58 Stoneygate Road and she approached the meeting with an open mind.

Councillor Cassidy declared that he had received correspondence in relation to planning application 20180611 58 Stoneygate Road and agenda item 5, “York Road Improvement Scheme – Objection to Proposed Raised Speed Reducing Features”.  He further declared that he approached the meeting with an open mind.

Councillor Cutkelvin declared that she had received an e-mail from the Stoneygate Conservation Area Society in relation to planning application 20180611 58 Stoneygate Road and from the Leicester Disabled People’s Access Group in relation to agenda item 5, “York Road Improvement Scheme – Objection to Proposed Raised Speed Reducing Features”.  She further declared that she approached the meeting with an open mind.

Councillor Govind declared that he had received e-mails in relation to planning applications 20172690 10 Canal Street Aylestone, 20180611 58 Stoneygate Road and 20182320 Upper George Street.  He further declared that he approached the meeting with an open mind.

Councillor Govind also declared an Other Disclosable Interest in agenda item 7, “Objection to Doncaster Road Area Proposed One-Way Street Restrictions with an Exemption for Pedal Cycles”, in that he had grown up in Halkin Road and the surrounding area, so was aware of the corridor of roads being considered.  In accordance with the Council’s Code of Conduct, Councillor Govind’s interest was not considered so significant that it was likely to prejudice the Councillors’ judgement of the public interest.  He therefore was not required to withdraw from the meeting during consideration of this item.

Councillor Halford declared that she had received an e-mail in relation to planning application 20172690 10 Canal Street Aylestone and she approached the meeting with an open mind.

Councillor Khote declared that she had received e-mails in relation to planning applications 20172690 10 Canal Street Aylestone, 20180611 58 Stoneygate Road and 20182320 Upper George Street.  She further declared that she approached the meeting with an open mind.

Councillor Rae Bhatia declared that he had received e-mails in relation to planning applications 20172690 10 Canal Street Aylestone, 20180611 58 Stoneygate Road and 20182320 Upper George Street.  He further declared that he approached the meeting with an open mind.

Councillor Thalukdar declared that he had received an e-mail in relation to  ...  view the full minutes text for item 158.

Members are asked to confirm the minutes of the previous meeting of the Planning and Development Control Committee, held on 19 February 2019, as a correct record.

RESOLVED:

That the minutes of the meeting of the Planning and Development Control Committee held on 19 February 2019 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 to the reports.

13 March 2019:

The Supplementary Report (Addendum) is now available and has been attached to the agenda

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

RESOLVED:

That the report of the Director, Planning, Development and Transportation dated 13 March 2019 on applications, together with the supplemental report and information reported verbally by officers, be received and action taken as below:

Ward: Aylestone

Proposal: CONSTRUCTION OF A 3 STOREY RESIDENTIAL DEVELOPMENT OF 28 FLATS (3 X STUDIO, 22 X 1-BED, 3 X 2-BED), CAR PARKING, LANDSCAPING AND HARD STANDING.  (CLASS C3).  (AMENDED PLANS RECEIVED 4 DECEMBER 2018)

Applicant: MAXI PROPERTY MANAGEMENT LIMITED

The Planning Officer presented the report and drew Members’ attention to the supplementary report, which set out further representations, considerations and information regarding the application.

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

Mr Pell and Mr Mehta addressed the Committee and spoke in objection to the application.

Councillor Clarke and Councillor Porter then 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 the application be approved subject to the conditions set out in the report, in accordance with the officer recommendation. This was seconded by the Vice-Chair 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.           (A) No demolition or development shall take place or commence until a programme of archaeological work including a Written Scheme of Investigation has been submitted to and approved in writing by the City Council as local planning authority. The scheme shall include an assessment of significance and research questions; and: (1) the programme and methodology of site investigation and recording; (2) the programme for post investigation assessment; (3) provision to be made for analysis of the site investigation and recording; (4) provision to be made for publication and dissemination of the analysis and records of the site investigation; (5) provision to be made for archive deposition of the analysis and records of the site investigation; (6) nomination of a competent person or persons or organization to undertake the works set out within the Written Scheme of Investigation. (B) No demolition or 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, unless agreed in writing with City Council as local planning authority. (To ensure that any heritage assets that will be wholly or partly lost as a result of the development are recorded and that the understanding of their significance is advanced; and in accordance with Core Strategy policy CS18. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

3.           (A) Before any demolition or development is begun,  ...  view the full minutes text for item 161.

Ward: Knighton

Proposal: CHANGE OF USE FROM SCHOOL (CLASS D1) TO HOUSE IN MULTIPLE OCCUPATION (35 BEDROOMS) (SUI GENERIS); NEW GATES TO CAR PARK; ALTERATIONS TO CAR PARK LAYOUT; CONSTRUCTION OF RAMPS, STEPS AND RETAINING WALLS; REPLACEMENT OF GARAGE DOORS WITH ROLLERSHUTTERS; (AMENDED PLANS RECEIVED 03/08/2018 & AMENDED SUPPORTING INFORMATION RECEIVED 08/02/2019)

Applicant: MR MOHSIN CHAUDHRY

The Planning Officer presented the report and drew Members’ attention to the supplementary report, which set out further representations and considerations regarding the application.

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

Dr Samrai and Mr Middleton addressed the Committee and spoke in objection to the application.

Councillor Dr Moore then addressed the Committee and spoke in objection to the application.

The Chair reminded Members that the Committee was only being asked to consider the planning application, not any licensing matters relating to any possible future use of the premises as a House in Multiple Occupation.  Members then considered the report on this basis and officers responded to the comments and queries raised.

In view of concerns expressed by members of the Committee, the Chair moved that the application be refused, contrary to the officer recommendation, on the grounds that the development would result in a poor standard of living accommodation offering poor amenity for occupants by reason of the scale (including numbers of occupants), the interconnected nature of the accommodation, the size of and poor light and outlook for bedrooms, the wording of this refusal to be delegated to officers after consultation with the Chair and Vice-Chair.  This was seconded by the Vice-Chair and, upon being put to the vote, the motion to refuse was CARRIED.

RESOLVED:

that the application be REFUSED on the grounds that the living accommodation would provide a poor standard of living for the occupants, the wording of this refusal to be delegated to officers after consultation with the Chair and Vice-Chair of this Committee.

The meeting adjourned at 7.27 pm and reconvened at 7.34 pm

Councillor Rae Bhatia left the meeting

Ward: Aylestone

Proposal: CONSTRUCTION OF TWO DETACHED DWELLINGS; RELOCATION OF ACCESS FROM LUTTERWORTH ROAD (CLASS C3) (AMENDED PLANS RECEIVED ON 30/01/2019, 12/02/2019, 18/01/2019 and 20/02/2019)

Applicant: MR DUNCAN JOHNSON

The Planning Officer presented the report and drew Members’ attention to the supplementary report, which set out an amended condition, an additional representation and further considerations regarding the application.

Ms Smith addressed the Committee and spoke in objection to the application.

Councillor Clarke then addressed the Committee and spoke in objection to the application.

Members expressed concerns that the proposed conditions did not include a condition relating to construction management to minimise disruption for the property at 143A Lutterworth Road and its occupants. 

The Chair moved that the application be approved in accordance with the officer recommendation, subject to the conditions set out in the report and addendum report, plus an additional condition relating to construction management, the wording for which to be delegated to officers after consultation with the Chair and Vice-Chair.  This was seconded by Councillor Cutkelvin and upon being put to the vote the motion was CARRIED.

RESOLVED:

that the application be APPROVED subject to the conditions as set out below and an additional condition relating to construction management, the wording for which to be delegated to officers following consultation with the Chair and Vice-Chair.

              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.           Before the development is begun, 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. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

3.           Before the development is begun, the details and the materials to be used for the proposed 1.8m fence and hedge to the front boundary shall be submitted to and approved by the City Council as local planning authority. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3 and Saved Policy PS10. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

4.           Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015, or any order amending or revoking and replacing that Order with or without modification, no development that would otherwise fall with Classes A,B,C,E and H (of Schedule 2) ) of that Order shall be carried out within the curtilage of the dwellinghouse hereby approved without planning permission having first been obtained from the local planning authority. (To ensure that any further development at the site does not unacceptably affect the privacy and amenity of the neighbour occupiers and the character and appearance of the area, and to ensure that adequate amenity space for future occupiers of the  ...  view the full minutes text for item 164.

Ward: Abbey

Proposal: DEMOLITION OF BUILDING; CONSTRUCTION OF THREE STOREY RESIDENTIAL BUILDING TO PROVIDE 9 SELF CONTAINED FLATS (3 X 2 BEDS; 5 X 1 BED; 1 X STUDIO) CLASS C3; ASSOCIATED PARKING & LANDSCAPING (AMENDED PLANS RECEIVED 25/02/2019)

Applicant: MR PATEL

The Planning Officer presented the report.

Members considered the report and officers responded to the comments and queries raised.

The Chair moved that the application be approved subject to the conditions in the report, in accordance with the officer recommendation. This was seconded by the Vice-Chair 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.           Before the development is begun, 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 shall be implemented in accordance with the approved scheme. (In the interests of visual amenity, and in accordance with Core Strategy policy CS03. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

3.           The flats and its associated parking and approach shall be constructed in accordance with 'Category 2: Accessible and adaptable dwellings M4 (2) Optional Requirement. On completion of the scheme and prior to the occupation of the dwelling a completion certificate signed by the relevant inspecting Building Control Body shall be submitted to the City Council as local planning authority certifying compliance with the above standard. (To ensure the dwelling is adaptable enough to match lifetime's changing needs in accordance with Core Strategy policy CS06)

4.           Before the development is begun, a detailed landscape and ecological management plan (LEMP) showing the treatment and maintenance of all parts of the site which will remain unbuilt upon shall be submitted to and agreed in writing with the City Council as local planning authority. This scheme shall include details of: (i) the position and spread of all existing trees, shrubs and hedges to be retained or removed; (ii) new tree and shrub planting, including plant type, size, quantities and locations; (iii) means of planting, staking, and tying of trees, including tree guards; (iv) other surface treatments; (v) fencing and boundary treatments, including details of the entrance gates; (vi) any changes in levels; (vii) the position and depth of service and/or drainage runs (which may affect tree roots), viii) a detailed plan of the biodiversity enhancements on the site such as wildflower meadow creation and hedgerow improvements including a management scheme to protect habitat during site preparation and post-construction. ix) details of the make and type of 6 x bird boxes/tiles/bricks and 6 x bat boxes/tiles/bricks to be erected on buildings under the guidance and supervision of a qualified ecologist. The approved LEMP shall contain details on  ...  view the full minutes text for item 165.

Ward: Wycliffe

Proposal: CHANGE OF USE FROM LIGHT INDUSTRIAL (CLASS B1) TO PLACE OF WORSHIP AND COMMUNITY CENTRE (CLASS D1); INSTALLATION OF WINDOWS AND DOORS TO FRONT, SIDE AND REAR; ALTERATIONS (AMENDED PLANS RECD 19/02/19)

Applicant: MASJID SALAHUDDIN

The Planning Officer presented the report and drew Members’ attention to the supplementary report, which set out amended conditions.

Members considered the report and officers responded to the comments and queries raised.

The Chair moved that the application be approved subject to the conditions in the report, as amended in the supplementary report, in accordance with the officer recommendation. This was seconded by Councillor Govind 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.           Notwithstanding the submitted Travel Plan and Parking Management Strategy, the use shall not commence until an updated Travel Plan for the development has been submitted to and approved in writing by the City Council as 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 Council. The Travel 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 and nearby public car parks as 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; (d) include provision for monitoring travel modes (including travel surveys) of all users and patterns at regular intervals the dates of which should be identified in the Travel Plan, for a minimum of 5 years from the first occupation of the development brought into use. (e) include a commitment to produce an Annual Performance Plan setting out how the plan has performed against targets, the measures in the approved Travel Plan and the outcomes from the monitoring referred to above and (f) provide an updated Travel Plan which shall address the negative impacts identified in the Annual Performance Plan which shall thereafter be submitted to, and approved in writing by, the City Council prior to the anniversary of the previously approved Travel Plan, and carried out in accordance with a timetable to be contained within the updated Travel Plan. (To promote sustainable transport and in accordance with policies AM01, AM02, and AM11 of the City of Leicester Local Plan and policies  ...  view the full minutes text for item 166.

The Director of Planning, Development and Transportation submits a report inviting Committee members to give their views to the Director to be taken into account when considering the recommendations regarding the York Road Improvement Scheme.  The Committee is recommended to give its views for the Director of Planning, Development and Transportation to take into account

prior to making a final decision on the proposals.

The Director of Planning, Development and Transportation submitted a report inviting the Committee to give its views to the Director to be taken in to account when considering the recommendations regarding the York Road Improvement Scheme.

The Solicitor to the Committee reminded Members that the Committee was being asked to consider and comment on proposals to which objections had been received.  The Committee was not being asked to make the final decision on the proposals, but to provide a response to a consultation request.

The Project Manager presented the report, explaining that one aspect of the Improvement Scheme was to create road humps at various locations as part of the York Road Improvement Scheme.  One objection to the road humps had been received.  Although officers had entered in to correspondence with the objector, to try to address the concerns raised, the objection had not been withdrawn.

The Project Manager reported verbally that paragraph 4.6 of the report omitted specific reference to part of the objection, namely the objector’s concern that the level surface would cause conflict with vehicles, especially for people with sensory impairments or learning disabilities or neuro-diverse conditions, who could not ‘negotiate’ with drivers or see cyclists or interpret the ambiguity.  Members of the Committee had been advised of this omission prior to this meeting.

It was noted that the full objection, including the omitted part, was attached to the report at Appendix B and the Project Manager confirmed that the full objection, including the part mentioned above, was considered during the preparation of the report.  The response was included in paragraph 4.11 of the report, where it stated that “The objector suggests that the construction of a level surface across the whole width of the street will be detrimental to some users”.  The report then went on to say:

“However, it will bring benefits to other less mobile pedestrians, wheelchair users and those with young children in pushchairs. The city council is seeking to provide an environment where everyone can move around in safety. It is demonstrated here that there are many differing views on street design. The council has to take a view on what is the most sensible solution to the overall design of the street environment in order to achieve a layout where people not vehicles dominate.”

In response to a Member enquiry, the Project Manager confirmed that, following the Committee’s consideration of objections to the creation of a pedestrian zone in York Road, (minute 155, “York Road Improvement Scheme – Objection to Proposals”, 19 February 2019 referred), the Director of Planning, Development and Transportation had included provision in the Traffic Regulation Order for the existing loading bays in York Road to be made available for evening parking and for a new disabled parking bay on Gosling Street.  It also had been suggested that the Jain Centre enter formal discussion with a view to the Council providing further disabled parking spaces at the Oxford Street business units, particularly for the morning  ...  view the full minutes text for item 167.

The Director of Planning, Development and Transportation submits a report inviting Committee members to give their views to the Director to be taken into account when considering the recommendations regarding the Asfordby Street Area One-Way Street Restrictions (with an exemption for pedal cycles).  The Committee is recommended to give its views for the Director of Planning, Development and Transportation to take into account when considering whether or not to make the proposed Traffic Regulation Order.

The Director of Planning, Development and Transportation submitted a report inviting the Committee to give its views to the Director to be taken in to account when considering the recommendations regarding proposals for one-way street restrictions in the Asfordby Street area.

The Project Support Officer (Transport Strategy) introduced the report, explaining that the proposals had been made to try to resolve issues regarding driver conflict and parking on pavements.  Following receipt of objections to the proposals, a site meeting had been held with residents and Ward Councillors.  A request for some of the proposals to be removed from the scheme was considered to be not unreasonable, so the request was agreed.  Consequently, two of the objections were withdrawn, but one remained.

At the request of Councillor Osman, the Chair invited him to address the Committee.  Councillor Osman expressed support for the proposals, which had been sought for some time and would be complementary to the area.  However, he was disappointed that the last objection had not been withdrawn and noted that he and the other Ward Councillors supported the recommendation in the report that it be over-ruled.  He further noted that some objections also had been raised at the North Evington Community Meeting, but were not supported by the Ward Councillors.  Councillor Osman then thanked officers for their hard work in designing and progressing this scheme.

The Committee expressed some concern that the one-way system and street layout could result in speeding traffic, particularly on Wood Hill and Harwood Street.  However, the Project Support Officer (Transport Strategy) explained that traffic calming features already were in place.  In addition, parking was permitted on both sides of those roads, which could help slow down traffic.

RESOLVED:

That, when considering the recommendations regarding proposals for one-way street restrictions in the Asfordby Street area, with an exemption for pedal cycles, the Director of Planning, Development and Transportation be asked to note that this Committee supports the views of the Ward Councillors in supporting the proposals presented and the way in which officers have dealt with objections received.

The Director of Planning, Development and Transportation submits a report inviting Committee members to give their views to the Director to be taken into account when considering the recommendations regarding the Doncaster Road Area Proposed One-Way Street Restrictions (with an exemption for pedal cycles).  The Committee is recommended to give its views for the Director of Planning, Development and Transportation to take into account alongside remaining objections when considering whether or not to make the proposed Traffic Regulation Order.

The Director of Planning, Development and Transportation submitted a report inviting the Committee to give its views to the Director to be taken in to account when considering the recommendations regarding proposals for one-way street restrictions in the Doncaster Road area.

The Project Support Officer (Transport Strategy) introduced the report, explaining that Doncaster Road was a residential street with terraced housing, plus some industry at the bottom of the road.  The roads in the area were narrow, so a one-way traffic system would improve safety, reducing vehicle conflict and therefore potential vehicle damage.  Doncaster Road was slightly wider than the other roads covered by these proposals, so potentially could continue as a two-way street, but as motor vehicles were now wider changing it to a one-way street would improve safety.

In response to the objections received when the Traffic Regulation Order was advertised, officers had met one of the objectors, some residents, local businesses and Ward Councillors to discuss the proposals and respond to the issues raised.  Written responses were subsequently sent to the objectors, but none of the objections were withdrawn.

Councillor Govind reminded Members of the Other Disclosable Interest he had declared in this item, in that he had grown up in Halkin Road and the surrounding area, so had detailed knowledge of the roads being discussed.  He welcomed the proposal to change Doncaster Road to a one way traffic system, but expressed some sympathy with the objections made, as cars already often parked on the corner of Halkin Street, making visibility poor and restricting how vehicles could be manoeuvred there.  He suggested that the proposals under consideration could displace more traffic to the Halkin Road area, which could make this problem worse.  Councillor Govind also queried whether Harrison Road was included in these proposals, as there also was restricted space for manoeuvring vehicles there. 

The Project Support Officer (Transport Strategy) advised that Harrison Road would remain as two-way.  He also acknowledged the concerns raised regarding parking in the Halkin Road area, but noted that these proposals were being made to try to resolve issues relating to parking and conflict between vehicles on very narrow roads, including large vehicles associated with the businesses in the area, by simplifying traffic movements in the area.  However, it had been found on other schemes that one-way traffic systems could deter drivers from pulling in to residential areas and trying to park there.

The Committee expressed some concern that signage for traffic on Melton Road wanting to turn in to side streets was not always clear, so road markings in particular needed to be improved.  The Project Support Officer (Transport Strategy) confirmed that adjustments to this signage would be made, as changes would needed due to accommodate the new directions in which traffic would be moving.

RESOLVED:

That, when considering the recommendations regarding proposals for one-way street restrictions in the Doncaster Road area, with an exemption for pedal cycles, the Director of Planning, Development and Transportation be asked to take in to  ...  view the full minutes text for item 169.

The meeting closed at 8.59 pm