Agenda and minutes

Apologies for absence were received from Councillor Dr Barton, Councillor Dr Chowdhury and Councillor Rae Bhatia.

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 Thalukdar declared that he had received emails in respect of application 20180450, Welford Road, Freemen’s Common and Putney Road, Nixon Court and had an open mind.

Councillor Khote declared that she had received emails in respect of application 20180450, Welford Road, Freemen’s Common and Putney Road, Nixon Court but had not opened them. Councillor Khote declared that she had an open mind.

Councillor Halford declared that she had received emails in respect of application 20180450, Welford Road, Freemen’s Common and Putney Road, Nixon Court and had an open mind.

Councillor Govind declared that he had received emails in respect of application 20180450, Welford Road, Freemen’s Common and Putney Road, Nixon Court and had an open mind.

Councillor Cutkelvin declared that she had received emails in respect of application 20180450, Welford Road, Freemen’s Common and Putney Road, Nixon Court and had an open mind.

Councillor Aldred declared that she had received emails in respect of application 20180450, Welford Road, Freemen’s Common and Putney Road, Nixon Court and had an open mind.

Councillor Cassidy declared that he had received emails in respect of application 20180450, Welford Road, Freemen’s Common and Putney Road, Nixon Court and had an open mind.

Members are asked to confirm that the minutes of the previous meeting of the Planning and Development Control Committee held 13 March 2019 are a correct record.

RESOLVED:

that the minutes of the meeting of the Planning and Development Control Committee held on 13 March 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.

Additional information: Please note that the Supplementary Report (Addendum) is now available and has been added 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 3 April 2019 on applications, together with the supplemental report and information reported verbally by officers, be received and action taken as below:

Ward: Castle

Proposal: DEMOLITION OF BUILDINGS; CONSTRUCTION OF EIGHT BLOCKS OF BETWEEN FOUR AND FOURTEEN STOREYS HIGH TO PROVIDE 1200 STUDENT BED SPACES (SUI GENERIS); FIVE STOREY ACADEMIC BUILDING (CLASS D1); NINE STOREY MULTI-STOREY CAR PARK WITH 550 SPACES (SUI GENERIS); VEHICLE ACCESS FROM PUTNEY ROAD; EXTENSION AND ALTERATIONS TO GRADE II LISTED BUILDING; REMOVAL OF TREES COVERED BY TREE PROTECTION ORDERS (AMENDED PLANS)

Applicant: UNIVERSITY OF LEICESTER AND EQUITIX

The Planning Officer presented the report for application 20180450, Welford Road, Freemen’s Common and Putney Road, Nixon Court and the related Listed Building application; 20180562 161 Welford Road, Freemen’s Cottages together because both applications were part of the same scheme. The Planning Officer drew Members’ attention to the supplementary report for application 20180450, which included details of an amended condition, an amended note to applicant, additional representations and further considerations.

The Planning Officer asked Members to note that as a point of clarification, the two figures at paragraph 3 on page 38 (of the main report) which read 60 pcu am and 106 pcu pmrelated to the existing traffic levels. For clarity, the Planning Officer confirmed that the predicted levels of increased traffic upon which the highway authority had prepared their advice are 291 pcu am and 118 pcu pm. The Planning Officer stated that consideration of traffic impacts of the application remained as set out in the report.

Mr Riddleston and Mr Holgate on behalf of the applicant spoke in support of the application.

Mr Brown on behalf of the Friends of Clarendon Park spoke in objection to the application.

Councillor Kitterick, as Ward Councillor also spoke in objection to the application.

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

Members expressed concerns that the application would have a detrimental impact on traffic. These concerns included the effect of displaced traffic following the removal of the right hand lane from Welford Road into Putney Road. It was noted that the application would require a Traffic Regulation Order to be put in place. Officers commented that the scheme would result in many transport and highway related benefits though a Member said that she did not feel reassured that the highway impact of the application was acceptable.

Comments from Members were also received that the scheme would provide good accommodation for students and would free up some family homes that were currently being occupied by students.

The Chair moved that the application be approved subject to the conditions set out in the report and in the supplementary report, and a Section 106 Agreement, in accordance with the officer recommendation. This was seconded by Councillor Khote and upon being put to the vote the motion to approve was CARRIED.

RESOLVED:

                           that the application be APPROVED subject to a Section 106 Agreement and 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.)  ...  view the full minutes text for item 175.

Ward: Castle

Proposal: INTERNAL AND EXTERNAL ALTERATIONS TO GRADE II LISTED BUILDING

Applicant: UNIVERSITY OF LEICESTER, EQUITIX AND KIER

The report relating to this application had been presented along with  application 20180450, Welford Road, Freemen’s Common and Putney Road, Nixon Court. No further discussion took place.

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 set out below:

              CONDITIONS

1.           The works to which this consent relates shall be begun within three years from the date of this consent. (To comply with Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990.)

2.           Prior to the commencement of works, a full schedule of internal works shall be submitted to and approved in writing by the City Council as local planning authority. This shall include:

              i)          a room-by-room schedule confirming the extent of repair and alteration works to all walls, floors, ceilings and historic features

              ii)         floorplans confirming the location and method of installation of all new plumbing, pipework and electrical wiring

              iii)        details of the location and methodology of any fire protection and acoustic separation works

              iv)        type of construction and method of installation of all new stud-partition walls

              Works shall be carried out in accordance with the details approved. (To maintain the character and appearance of the Grade II Listed Freemen's Cottages and in accordance with policy CS18 of the Core Strategy.)

3.           Prior to the commencement of works, samples of all new materials to be used for the works shall be submitted to and approved in writing by the City Council as local planning authority. Works shall be carried out in accordance with the details approved. (To maintain the character and appearance of the Grade II Listed Freemen's Cottages and in accordance with policy CS18 of the Core Strategy.)

4.           This consent shall relate solely to the submitted and amended plans as detailed on the Approved Plans Drawing List (dated 15th of March 2019), unless otherwise submitted to and approved in writing by the City Council as local planning authority. (For the avoidance of doubt.)

              NOTES FOR APPLICANT

1.           Please note this consent should be read in conjunction with Planning Permission 20180450.

Ward: Castle

Proposal: CHANGE OF USE FROM OFFICES (CLASS B1) TO STUDENT FLATS; PART DEMOLITION; CONSTRUCTION OF 3 STOREY REAR EXTENSION; TO PROVIDE 18 STUDENT STUDIO FLATS (SUI GENERIS) (SUBJECT TO S106 AGREEMENT)

Applicant: MESSRS THAKKAR, POPAT AND POPAT

The Planning Officer presented the report and drew Members’ attention to the supplementary report which had details of amended conditions.

Mr Thakkar on behalf of the applicants spoke in support of the application.

Mrs Allum on behalf of the Friends of New Walk, and Mr Allum spoke in objection to the application.

Councillor Kitterick as Ward Councillor then 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 and in the supplementary report, and a Section 106 Agreement 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 a Section 106 Agreement and 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 Local Planning Authority on demand at all reasonable times. (To enable the Local Planning Authority to consider the need for affordable and accessible housing in accordance with Core Strategy Policies CS6 and CS7.)

3.           Prior to any occupation of the accommodation, a Level 2 photographic survey as defined in the Historic England documents `Understanding Historic Buildings A Guide to Good Recording Practice` shall be carried out and submitted to the 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.)

4.           No demolition or development shall take place other than in accordance with the approved Written Scheme of Archaeological Investigation reference 19-064 dated 21/3/2019.  The accommodation 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, and the provision for analysis, publication and dissemination of results and archive deposition has been secured.  (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  ...  view the full minutes text for item 177.

Ward: Castle

Proposal: CHANGE OF USE OF FIRST FLOOR FROM DWELLING (CLASS C3) TO HOUSE IN MULTIPLE OCCUPATION (8 PERSONS) (SUI GENERIS) (AMENDED 13.02.19 & 05.03.19)

Applicant: K KOONER

The Planning Officer presented the report and drew Members’ attention to the supplementary report which had details of an amended condition.

Councillor Kitterick as Ward Councillor spoke in objection to the application.

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

Members expressed concerns at the proposal and comments were made that the standard of accommodation and outlook were poor. The Chair moved that the application be refused because of the cramped nature of the accommodation, the restricted outlook from the front and rear of the accommodation and the poor general environment; with the precise wording to be delegated to officers in 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 because of the cramped nature of the accommodation, the restricted outlooks from the front and rear of the accommodation and the poor general environment, with the precise wording to be delegated to officers in consultation with the Chair and Vice Chair.

Ward: Spinney Hills

Proposal: CONSTRUCTION OF THREE HOUSES (3 x 4 BED) (CLASS C3) (AMENDED 17.12.18)

Applicant: MR HUSSEIN

The Planning Officer presented the report and drew Members’ attention to the supplementary report which gave details of a further consideration in relation to an amended description.

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 Councillor Thalukdar and upon being put to the vote, the motion to approve 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.           Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification), no enlargement, improvement or other alteration to any dwelling house of types specified in Part 1, Classes A, B, C & E of Schedule 2 to that Order shall be carried out without express planning permission having previously been obtained. (Given the nature of the site, the form of development is such that work of these types may be visually unacceptable, may lead to an unacceptable loss of amenity to future occupiers of the proposed property or neighbouring properties or may harm the character and appearance of the Spinney Hill Conservation Area; and in accordance with policies PS10 of the City of Leicester Local Plan and Core Strategy policies CS03 and CS18.)

3.           Before any dwelling is occupied arrangements for the collection and disposal of refuse associated with the residential use shall be submitted to and approved by the City Council as local planning authority. These arrangements shall be implemented on commencement of the use and shall be retained. (In the interests of general amenity, and in accordance with policy PS10 of the City of Leicester Local Plan).

4.           Before the development is begun a brick sample panel showing choice of brick, bonding and a sample of materials to be used for the roof have first been submitted to, and agreed in writing by, the local planning authority. The development shall be carried out in accordance with the details so agreed. (To ensure that the development hereby approved preserves the character and appearance of the Spinney Hill Park Conservation Area, in accordance with Policies CS03 and CS18 of the Leicester Core Strategy. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

5.           Before the development is begun, plans at a scale of 1:10 or 1:20 shall be submitted for window & door joinery and approved by the City Council as local planning authority and implemented in accordance with the agreed details. (To ensure that the development hereby approved preserves the  ...  view the full minutes text for item 179.

Ward: Knighton

Proposal: INSTALLATION OF ONE NON ILLUMINATED SIGN TO FORECOURT

Appellant: CO-OPERATIVE GROUP FOOD LIMITED

Appeal decision: Dismissed

The Planning Officer presented the report which was considered by Members.

RESOLVED:  

                        that the decision of the Planning Inspectorate be noted.

Ward: Castle

Proposal: UNAUTHORISED INSTALLATION OF FIRST FLOOR UPVC WINDOWS TO FRONT OF HOUSE

Appellant: Mrs Maryan Sh ismail Mohamed

Appeal decision: Dismissed

The Planning Officer presented the report which was considered by Members.

RESOLVED:  

                        that the decision of the Planning Inspectorate be noted.

Ward: Castle

Proposal: CHANGE OF USE OF GROUND FLOOR FROM DENTISTS SURGERY (CLASS D1) TO GROUND FLOOR RESTAURANT (CLASS A3) AND HOUSE IN MULTIPLE OCCUPATION (4 PERSONS) ON FIRST AND SECOND FLOOR; SINGLE STOREY EXTENSIONS TO FRONT AND REAR; SHOPFRONT; VENTILATION FLUE; ALTERATIONS

Appellant: PARMAR ESTATES

Appeal decision: Dismissed

The Planning Officer presented the report which was considered by Members.

RESOLVED:  

                        that the decision of the Planning Inspectorate be noted.

Ward: North Evington

Proposal: CHANGE OF USE OF SINGLE STOREY DETACHED BUILDING AT REAR OF HOUSE TO STUDIO FLAT; ALTERATIONS (CLASS C3)

Appellant: MR  AHMAD

Appeal decision: Dismissed

The Planning Officer presented the report which was considered by Members.

RESOLVED:

                           that the decision of the Planning Inspectorate be noted.

The Director of Planning, Development and Transportation submits a report that simplifies the scheme of delegation to make the scheme clearer and deal with existing anomalies. The Committee is recommended to approve the amended scheme of delegation set out in Appendix 2 and to note that officers are recommended to review and report back on the operation of the scheme after 12 months.

The Director of Planning, Development and Transportation submitted a report that set out a simplified scheme of delegation with the aim to make the scheme clearer and to deal with existing anomalies.

Officers presented the report and Members heard that the revised scheme as set out in Appendix 2, made it clear that a petition would count as one submission. Planning Officers no longer sent individual letters to all the signatories on a petition and no complaints had been received about this arrangement. The Solicitor to the Committee explained that petitions submitted in relation to a planning application were different to those submitted under the Council’s petition scheme for which there was a different process. It was suggested that the public speaking leaflet could be expanded to explain that a petition counted as one objection.

A Member asked Planning Officers to make it clear to members of the public that a petition counted as one objection or submission.

It was noted that an application would be referred for a committee decision where there had been a request from a Member before the publicity period ended. The Member would need to give clear planning reasons why in their view, the application should be considered by Committee. Concern was expressed that a Member might not be aware of the application until after the publicity period had ended. Planning Officers explained that it could be very difficult for the applicant if their application was sent to Committee late in the process and they wanted to be fair to all parties. The Head of Planning however, did have some discretion over the process. There would be training for all Members early in the new municipal year and they would be urged to look carefully at the Planning List to see what applications would be coming up in their Ward. 

It was noted that one of the report’s recommendations was that Officers review and report back on the operation of the scheme after 12 months. A Member asked for a record to be kept of every time the Head of Planning used his discretion during the 12 month period, along with the reasons why his discretion was used. These details could then be considered as part of that review.

The Chair suggested that where there was a petition with lots of signatures for a politically sensitive planning application, it would be preferable for the Head of Planning to use his discretion and refer the application to Committee. A Committee decision could avoid creating frustrations amongst petitioners and objectors.

The Chair moved that all the recommendations detailed in the report be agreed. This was seconded by Councillor Govind and upon being put to the vote, the motion was CARRIED.

RESOLVED:

                        that the Planning and Development Control Committee agree:

1)    To approve the amended scheme of delegation set out in Appendix 2 of the report;

2)    That the amended scheme be applied to applications after 28 April 2019; and

3)    For Officers to review and report back  ...  view the full minutes text for item 184.

The meeting closed at 8.15pm.