Agenda and minutes

Apologies for absence were received from Councillor Joel.

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, including under the Council’s Good Practice Guidance for Member Involvement in Planning and Development Management Decisions.

Councillor Gee noted that in relation to planning application 20190065 Elliot Road / Felstead Road, Land, an uncle was one of the signatories against the application, but he approached the meeting with an open mind.

Councillor Riyait noted that in relation to planning application 20190065 Elliot Road / Felstead Road, Land, as Ward Member for Elliot Road he had attended some pre-application meetings but came to the meeting with an open mind.

Members are asked to confirm the minutes of the previous meeting of the Planning and Development Control Committee, held on 31 July 2019, as a correct record.

RESOLVED:

that the minutes of the meeting of the Planning and Development Control Committee held on 31 July 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.

The Chair explained that he would take the Planning and Contravention reports out of the order given in the agenda due to the attendance of members of the public and Councillor 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 21 August 2019 on applications and contraventions together with the supplemental report and information reported verbally by officers be received and action taken as below.

Ward:                Abbey

Proposal:          CONSTRUCTION OF 12 SEMI -DETACHED DWELLINGHOUSES (2 BED); INSTALLATION OF 1800MM HIGH CLOSE BOARDED FENCE AND WALLS; CONSTRUCTION OF CAR PARKING FOR EXISTING PROPERTIES; WIDENING OF FOOTWAYS (CLASS C3) (AMENDED PLANS 23/07/2019)

Applicant:         LEICESTER CITY COUNCIL

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

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 Byrne addressed the Committee and spoke in objection to the application.

Members of the Committee then gave due consideration to the application 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, and 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 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.           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 dwelling shall be occupied until the system has been implemented and is operational.  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).

3.           Prior to the commencement of development details of foul drainage shall be submitted to and approved in writing by the City Council as local planning authority. No dwelling shall be occupied until the foul drainage has been installed in accordance with the approved details and is operational. 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.)

4.           No development shall take place until a Construction Method Statement has been submitted to, and approved in writing by the City Council as local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

              (i) the parking of vehicles of site operatives  ...  view the full minutes text for item 49.

Ward:                Stoneygate

Proposal:          CONSTRUCTION OF SEVEN STOREY BUILDING TO PROVIDE 37 STUDENT STUDIO FLATS (SUI GENERIS) (AMENDED PLANS 19/5/2019 & 15/8/2019) (S106 AGREEMENT)

Applicant:         ARONEX DEVELOPMENTS LTD

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

Members of the Committee then gave due consideration to the application and officers responded to the comments and queries raised.

The Chair moved that the application be approved with the conditions set out in the report and supplementary report and the completion of a SECTION 106 AGREEMENT to secure a developer contribution to off-site Green Space. This was seconded by Councillor Halford and upon being put to the vote the motion to approve was CARRIED.

RESOLVED:

that the application be APPROVED with the conditions set out in the report and supplementary report, and a SECTION 106 AGREEMENT to secure a developer contribution to off-site Green Space.

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 and education provision to be provided in accordance with policies CS06, CS07 and CS19 of the Core Strategy.)

3.           Prior to the commencement of development the site shall be investigated for the presence of land contamination, and a Site Investigation Report incorporating a risk assessment and, if required, scheme of remedial works to render the site suitable and safe for the development, shall be submitted to and approved in writing by the City Council as local planning authority. The approved remediation scheme shall be implemented and a completion report shall be submitted to and approved in writing by the City Council as local planning authority before any flat is occupied. Any parts of the site where contamination was previously unidentified and found during the development process, shall be subject to remediation works carried out and approved by the local planning authority, prior to the occupation of any flat. The report of the findings shall include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, ground waters and surface waters, ecological systems, archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal  ...  view the full minutes text for item 50.

Ward:                Stoneygate

Proposal:          CONSTRUCTION OF TWO STOREY BUILDING TO PROVIDE 4 STUDIOS FOR STUDENTS(SUI GENERIS) (AMENDED PLANS RCEEIVED 11/07/2019)

Applicant:         SUNRISE INVESTMENTS

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

Members of the Committee then gave due consideration to the application 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 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. The development shall be carried out in full accordance with the approved materials. (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 commencement of development, an insulation scheme to prevent the transmission of noise into the development shall be submitted to and approved in writing by the City Council as local planning authority. The insulation scheme shall ensure that the Indoor ambient noise levels fall within the guideline values as specified in British Standard BS 8233:2014. The approved scheme shall be implemented in full prior to occupation of the flats. (In the interests of the amenity of future occupiers and in accordance with policies H07 and PS10 of the City of Leicester Local Plan. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition. )

4.           No part of the development shall be occupied until covered bin sotrage has been provided and retained thereafter, in accordance with written details previously approved by City Council as local planning authority. (In the interests of preserving and enhancing the character  and appearance of the conservation area, 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).

5.           No part of the development shall be occupied until secure and covered cycle parking has been provided and retained thereafter, in accordance with written details previously approved by City Council as local planning authority. (In the interests of the satisfactory development of the site and in accordance with policies AM02 and H07 of the City of Leicester Local Plan).

6.           Prior to commencement of development a Sustainable Drainage System (SuDS) with a management and maintenance plan shall be  ...  view the full minutes text for item 51.

Ward:                Aylestone

Proposal:          CONSTRUCTION OF THREE DWELLINGHOUSES (3X 3BED) TO REAR OF HOUSE (CLASS C3) ALTERATIONS (AMENDED PLAN RECEIVED 27/06/2019)

Applicant:         MR N BRIDDON

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

Members of the Committee then gave due consideration to the application 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 Rae Bhatia 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. The development shall be carried out in accordance with the approved materials. (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 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. 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, this is a PRE-COMMENCEMENT condition).

5.           The development hereby approved shall not progress beyond damp proof course level until a detailed landscape and ecological management plan (LEMP) showing the treatment 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) 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, including details of the entrance gates; (v) any changes in levels; (vi) the position and depth of service and/or drainage runs  ...  view the full minutes text for item 52.

Ward:                Knighton

Proposal:          CHANGE OF USE OF GROUND FLOOR FROM ESTATE AGENT (CLASS A2) TO CAFE (CLASS A3)

Applicant:         MRS ROSINDA SINGH

The Planning Officer presented the report and drew Members’ attention to the supplementary report, which set out an amended condition and amended note for the applicant.

Members of the Committee then gave due consideration to the application 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 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 use shall not commence until an insulation scheme to prevent the transmission of noise to adjoining residential properties has been carried out in accordance with details which shall first have been submitted to and approved by the City Council as local planning authority. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan, this is a PRE-COMMENCEMENT condition).

3.           The use shall not be carried on outside the hours of 07.30-23.00 daily. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)

4.           There shall be no live or amplified music or voice played which would be detrimental to the amenities of occupiers of adjacent and nearby properties. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)

5.           The rear outdoor space shall not be used as an outside seating area or used for any entertainment purposes. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)

6.           Only cold food, or food cooked by microwaves shall be prepared and/or served on the premises. (In the interests of the amenities of nearby occupiers, and in accordance with policies PS10 and PS11 of the City of Leicester Local Plan.)

7.           No equipment/machinery shall be installed or operated nor shall any processes be undertaken which are detrimental to the amenity of the area by reason of noise, vibration, smell, fumes and smoke. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)

8.           This consent shall relate solely to the submitted plans received by the City Council as local planning authority on 01/07/2019, unless otherwise submitted to and approved by the City Council as local planning authority. (For the avoidance of doubt.)

NOTES FOR APPLICANT

1.           Light food offering should be cold or microwavable  ...  view the full minutes text for item 53.

Ward:                Wycliffe

Proposal:          INSTALLATION OF TWO INTERNALLY ILLUMINATED DIGITAL HOARDING SIGNS

Appellant:        8 OUTDOOR MEDIA LTD

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 submitted a report inviting the Committee to give its views to the Director to be taken into account when considering whether or not to make the proposed traffic regulation order.

The Transport Development Officer (Programme Planning, Development and Transportation) introduced the report, which explained the request for a residents parking scheme for Herschell Street and Mundella Street residents, and subsequent objections to the scheme from residents of Kimberley Road.

In response to the objections received officers wrote to the objectors to explain the reasons for the proposals. All of the objectors either replied to say that they wished to continue with their objection or did not reply, in which case the Council took that to meant that they wished to continue with the objection.

The Transport Development Officer explained that the Herschell Street Scheme was so far ahead that for Kimberley Road residents to be included into the Hershell Street Scheme it would cause a significant delay whilst consulting with Kimberley Road residents. The Committee discussed the issue and supported the proposed Herschell Street Scheme.

The Committee recommended that the Director overrule the objections, but asked that Kimberley Road residents be consulted on at the earliest opportunity.

RESOLVED:

that, when considering proposals, the Director overrule objections received against the Leicester City Council TRO proposals for a residents’ parking scheme on Herschell Street and Mundella Street, but expedite the process for a possible extension to include Kimberley Road.

The meeting closed at 7.23pm.