Agenda and minutes

Apologies for absence were received from Councillor Valand for his absence on other Council business and from Councillor Halford.

Councillor Gee also submitted apologies, as he was addressing the Committee on a planning application as a Ward Member so would not be participating in the meeting.

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 in relation to planning application 20190066 Rosshill Crescent, Land Off that she lived in the Ward in which the site was located and was a Ward Councillor for that Ward.  She further declared that she approached the meeting with an open mind.  In accordance with the Council’s Code of Conduct, this interest was not considered so significant that it was likely to prejudice Councillor Aldred’s judgement of the public interest.  She was not therefore required to withdraw from the meeting during consideration of this item.

Councillor Rae Bhatia noted that he had received a telephone call regarding planning applications 20190692 16 Thurmaston Lane and 20190693 16 Thurmaston Lane, but that these applications had both been withdrawn before the meeting.

Councillor Riyait noted that he had received a copy of a letter in relation to planning applications 20190692 16 Thurmaston Lane and 20190693 16 Thurmaston Lane from the office of Keith Vaz MP, but that these applications had both been withdrawn before the meeting.

Members are asked to confirm that the minutes of the meeting of the Planning and Development Control Committee held 19 June 2019 are a correct record.

RESOLVED:

That the minutes of the meeting of the Planning and Development Control Committee held on 19 June 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.

31 July 2019:

Please note that the Supplementary Report is now available and has been added to this 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.

The Chair also announced that planning applications 20190692 16 Thurmaston Lane and 20190693 16 Thurmaston Lane had been withdrawn before the meeting.

RESOLVED:

That the report of the Director of Planning, Development and Transportation dated 31 July 2019, on applications, together with the supplemental report and information reported verbally by officers, be received and action taken as below:

Ward: Castle

Proposal: CHANGE OF USE OF BASEMENT AND GROUND FLOOR FROM RESTAURANT (CLASS A3) TO BASEMENT NIGHT CLUB AND GROUND FLOOR BAR/RESTAURANT/HOT FOOD TAKEAWAY (SUI GENERIS); INSTALLATION OF SHOPFRONT, DOOR AND CANOPIES TO FRONT AND VENTILATION FLUE AT REAR; ALTERATIONS (AMENDED PLANS RECD 17/07/19 AND 30/07/19)

Applicant: MR KUMAR

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

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

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

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

Concerns were expressed about the level of noise and disturbance that was likely to be generated by users of a restaurant and night club in this location.  It was noted that officers had revised proposed conditions for the approval of the planning application to try to overcome this, but the Committee considered that the noise and disturbance would not be mitigated by those proposed conditions or by physical measures at the site.

The Chair moved that, contrary to the recommendation made by officers, the application be refused, as the proposed use would be detrimental to the amenity of adjacent and nearby residents due to noise and disturbance from within and outside the premises which could not be satisfactorily mitigated by physical measures at the site or by reasonable and enforceable conditions.  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, as the proposed use would be detrimental to the amenity of adjacent and nearby residents due to noise and disturbance from within and outside the premises which could not be satisfactorily mitigated by physical measures at the site or by reasonable and enforceable conditions.

Ward: Thurncourt

Proposal: CONSTRUCTION OF FIVE BUNGALOWS (5 X 1 BED) AND CANOPY (CLASS C3); INSTALLATION OF HARD STANDING AND 1.8M HIGH FENCES AND WALLS; ALTERATIONS (AMENDED PLANS RECD 14/06/19, 20/06/19 AND 21/06/19)

Applicant: LEICESTER CITY COUNCIL

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

Mr Kandola, Leicester City Council’s Housing Development Manager addressed the Committee as the applicant’s representative and spoke in support of the application. 

Councillor Gee 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 and supplementary report, in accordance with the officer recommendation. This was seconded by Councillor Whittle 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 authorised by this permission is begun, a detailed landscaping scheme showing the treatment of all parts of the site which will remain unbuilt upon shall be submitted to and approved by the City Council as local planning authority. This scheme shall include details of: (i) new tree and shrub planting, including plant type, size, quantities and locations; (ii) means of planting, staking, and tying of trees, including tree guards; (iii) other surface treatments; (iv) fencing and boundary treatments; (v) any changes in levels; (vi) the position and depth of service and/or drainage runs (which may affect tree roots); (vii) nest boxes for small birds within the rear gardens. The approved landscaping scheme shall be carried out within one year of completion of the development. For a period of not less than five years from the date of planting, the applicant or owners of the land shall maintain all planted material. This material shall be replaced if it dies, is removed or becomes seriously diseased. The replacement planting shall be completed in the next planting season in accordance with the approved landscaping scheme. (In the interests of amenity, and in accordance with policy UD06 of the City of Leicester Local Plan and 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.           Prior to the commencement of development full details of the Sustainable Drainage System (SuDS) together with implementation, long term maintenance and management of the system shall be submitted to and approved by the local planning authority. No property shall be occupied until the system has been implemented in full.  It shall thereafter be managed and maintained in accordance with the approved details. Those details shall  ...  view the full minutes text for item 32.

Ward: Knighton

Proposal: CONSTRUCTION OF TWO SEMI-DETACHED DWELLINGS (2 X 3 BED) (CLASS C3) (AMENDED PLANS RECEIVED 17/04/2019)

Applicant: MS S LITTLEJOHN

The Planning Officer presented the report and drew Members’ attention to the supplementary report, which set out amended conditions, a further representation and further considerations regarding the application.  Members then considered the report.

The Chair moved that the application be approved subject to the conditions set out in the report and supplementary report, 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 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. (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.           Prior to the commencement of the development hereby approved details of all street works, including alterations to the footway crossing, shall be submitted to and approved in writing by the City Council as local planning authority. Prior to the occupation of the development all streetworks must be implemented in full accordance with the approved details. (To achieve a satisfactory form of development, and in accordance with policy AM01 of the City of Leicester Local Plan and 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).

4.           Prior to the commencement of development details of drainage, and especially foul drainage, shall be submitted to and approved by the local planning authority. No property shall be occupied until the drainage has been installed in accordance with the approved details. It shall be retained and maintained thereafter. (To ensure appropriate drainage is installed in accordance with policy CS02 of the Core Strategy. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

5.           Prior to the commencement of development full details of the Sustainable Drainage System (SuDS) together with implementation, long term maintenance and management of the system shall be submitted to and approved by the local planning authority. No property shall be occupied until the system has been implemented. It shall thereafter be managed and maintained in accordance with the approved details. Those details shall include: (i) full design details, (ii) a timetable for its implementation, and (iii) a management and maintenance plan for the lifetime of the development, which shall include the arrangements for adoption by any public body or statutory undertaker, or any  ...  view the full minutes text for item 33.

Ward: North Evington

Proposal: CONSTRUCTION OF SINGLE AND TWO STOREY EXTENSIONS AT SIDE AND REAR; SINGLE STOREY DETACHED BUILDING AT REAR OF HOUSE (CLASS C3) (AMENDED 03.06.19)

Applicant: MR S MUSA

The Planning Officer presented the report.

Councillor Joshi addressed the Committee and spoke in support of 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 Councillor Aldred 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.           The new walls and roof shall be constructed in materials to match those existing. (In the interests of visual amenity, and in accordance with Core Strategy policy CS03.)

3.           This consent shall relate solely to the amended plans received by the City Council as local planning authority on 03.06.19. (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.

              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 2019 is considered to be a positive outcome of these discussions.

The meeting adjourned at 7.17 pm and reconvened at 7.20 pm

Ward: Westcotes

Proposal: CONSTRUCTION OF SINGLE STOREY EXTENSION AT SIDE OF GARAGE TO CREATE DWELLINGHOUSE (1X 2 BED) (CLASS C3); ALTERATIONS (AMENDED PLANS 17/06/19)

Applicant: MRS BAXTER

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 set out in the report, 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 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. (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.           Prior to the commencement of development full details of the Sustainable Drainage System (SuDS) together with implementation, long term maintenance and management of the system shall be submitted to and approved by the local planning authority. No flat shall be occupied/the use shall not commence until the system has been implemented.  It shall thereafter be managed and maintained in accordance with the approved details. Those details shall include: (i) full design details, (ii) a timetable for its implementation, and (iii) a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the system throughout its lifetime. (To reduce surface water runoff and to secure other related benefits in accordance with policy CS02 of the Core Strategy. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition).

4.           Prior to the commencement of development details of foul drainage, shall be submitted to and approved by the local planning authority. No property shall be occupied until the drainage has been installed in accordance with the approved details. It shall be retained and maintained thereafter. (To ensure appropriate drainage is installed in accordance with policy CS02 of the Core Strategy).

5.           No part of the development shall be occupied until the following works have been carried out in accordance with the written details approved in advance by the City Council as local planning authority: (a) footway crossing(s) at each vehicular access; (b) alterations to footway crossing(s); (c) reinstatement of any redundant footway crossings and/or damaged or altered areas of footway or other highway. (To ensure a satisfactory means of access to the highway, and in accordance with policy AM01 of  ...  view the full minutes text for item 36.

Application withdrawn before the meeting

Application withdrawn before the meeting

Ward: Castle

Proposal: INSTALLATION OF SHOPFRONT AND ATM; EXTERNAL ALTERATIONS (CLASS A2)

Appellant: METRO BANK PLC

Appeal decision: Allowed

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

RESOLVED:

                        that the decision of the Planning Inspectorate be noted.

Ward: Castle

Proposal: INSTALLATION OF ROLLER SHUTTER; CONSTRUCTION OF FIRST FLOOR TERRACE; ROOF LIGHTS; ATERATIONS (CLASS A3) (AMENDED PLANS 22/10/18)

Appellant: MR ABDUL CARATELLA

Appeal decision: Allowed

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

RESOLVED:

                        that the decision of the Planning Inspectorate be noted.

Ward: Castle

Proposal: REMOVAL OF CONDITIONS 1 (LIMITED PERIOD CONSENT), 2 (VENTILATION SYSTEM RETAINED), 4 (NOISE LEVEL) AND 5 (NO DETRIMENT FROM FLUE) ATTACHED TO PLANNING PERMISSION 20181049 RETENTION OF VENTILATION FLUE TO REAR OF RESTAURANT (CLASS A3)

Appellant: FERNANDEZ GRILLHOUSE

Appeal decision: Allowed

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

RESOLVED:

                        that the decision of the Planning Inspectorate be noted.

Ward: Braunstone Park & Rowley Fields

Proposal: TWO STOREY EXTENSION TO SIDE; SINGLE STOREY EXTENSION TO FRONT, SIDE AND REAR OF HOUSE (CLASS C3) (AMENDED 19.02.19)

Appellant: MR SUKHWANT SINGH

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: Knighton

Proposal: CONSTRUCTION OF SINGLE STOREY AND CANOPY TO FRONT; TWO STOREY SIDE EXTENSION; SINGLE STOREY REAR EXTENSION; PITCH ROOF OVER EXISTING EXTENSION AT REAR OF HOUSE (CLASS C3)(AMENDED)

Appellant: MR AMARDEEP SANGHERA

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 meeting closed at 7.40 pm