Agenda and minutes

The meeting commenced at 5.40pm.

Apologies for absence were received from Councillors Aldred, Gee and 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 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 Khote noted that in relation to planning application 20190277 44-46 Ruby Street, she had received information on the application, but she approached the meeting with an open mind.

The agenda for the meeting was taken out of order to allow people to arrive to the meeting who had been delayed.

Members are asked to confirm that the minutes of the meeting of the Planning and Development Control Committee held 21 August 2019 are a correct record.

RESOLVED:

That the minutes of the meeting of the Planning and Development Control Committee held on 21 August 2019 be confirmed as a correct record.

The Director of Planning, Development and Transportation submits a report seeking to correct an error in the scheme of delegation approved by the Planning and Development Control Committee in April 2019.  The Committee is recommended to agree the correction to the wording of the adopted amended scheme of delegation set out in Appendix 2 of the report.

The Director of Planning, Development and Transportation submitted a report to correct an error in the scheme of Delegation 2019, as approved by the Planning and Development Control Committee in April 2019. The Committee Members were recommended to approve the correction of the wording of the adopted amended scheme of delegation as outlined in Appendix 2 of the report.

The Head of Planning, Development & Transportation presented the report. The Committee were informed when previously approved, the Scheme of Delegation had a minor omission of clarification where six or more objections were received to an application, that inclusion of wording and the officer recommendation is for approval be added to the Scheme of Delegation.

Members agreed the amendment to the wording of the Scheme of Delegation.

RESOLVED:

that the Scheme of Delegation be amended to included wording and the officer recommendation is for approval as outlined at Appendix 2 to the report.

Ward:                Knighton

Proposal:          CONSTRUCTION OF ONE DETACHED HOURSE (3 BED) (CLASS C3) WITH ACCESS FROM STOUGHTON ROAD AND FORECOURT PARKING (AMENDED PLANS RECEIVED 27/06/2018)

Appellant:        MR J RAI

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 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.

RESOLVED:

that the report of the Director of Planning, Development and Transportation dated 2 October 2019, on applications, together with the supplemental report and information provided verbally by officers, be received and action taken as below:

Ward:                Castle

Proposal:          RETROSPECTIVE CHANGE OF USE OF GROUND FLOOR FROM LIGHT INDUSTRIAL (CLASS B1) TO LIFE COACHING AND PHOTOGRAPHY STUDIO AND WORKSHOPS AND ACTIVITIES SPACE (SUI GENERIS)

Applicant:         INTERHOME (PROPERTIES) LIMITED

The Planning Officer presented the report and drew Members’ attention to the supplementary report, which outlined a further objection received from a previous objector to the application.

The applicant, Ms Sophie Barby addressed the Committee and spoke in support of the application.

Councillor Kitterick addressed the committee and spoke in objection to the application.

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

In view of concerns expressed by Members of the Committee regarding potential noise issues for residents, the Chair moved that the application be approved with the conditions set out in the report and additional one-year limited period condition in consultation with the Chair and Vice-Chair. This was seconded by Councillor Whittle and upon being put to the vote the motion to approve was CARRIED.

RESOLVED:

that the application be given TEMPORARY APPROVAL for one year with the conditions set out in the report in consultation with the Chair and Vice-Chair.

CONDITIONS

1.           The use shall not be carried on outside the hours of 07:30 to 18:00 Mondays to Saturdays (inclusive). (In the interests of the amenities of nearby occupiers, and in accordance with policies PS10 and PS11 of the City of Leicester Local Plan.)

2.           There shall be no live or amplified music or voice played which would be detrimental to the amenities of occupiers of nearby properties. (In the interests of the amenities of nearby occupiers, and in accordance with policies PS10 and PS11 of the City of Leicester Local Plan.)

3.           No 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 or smoke. (In the interests of the amenities of nearby occupiers, and in accordance with policies PS10 and PS11 of the City of Leicester Local Plan.)

4.           This consent shall relate solely to the submitted details received by the City Council as local planning authority on 21.01.19, unless otherwise submitted to and approved by the City Council as local planning authority. (For the avoidance of doubt.)

ADDITIONAL CONDITION

1.         One-year limited period condition in consultation with Chair and Vice-Chair

              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.

Ward:                Fosse

Proposal:          DEMOLITION OF STORAGE WAREHOUSE (CLASS B8) AND FLATS (2 x 1 BED) (CLASS C3); CONSTRUCTION OF SEVEN TERRACED DWELLINGS (7 x 2 BED) (CLASS C3) (AMENDED 05.08.19)

Applicant:         SUNRISE INVESTMENTS

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 Thalukdar 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 provisions of the Town & Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification), no extension to the rear of the properties or outbuildings within the curtilage of the properties  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  lead to an unacceptable loss of amenity to occupiers of the application properties or of neighbouring properties; and in accordance with saved City of Leicester Local Plan policy PS10.)

3.           The dwellings 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 dwellings 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 dwellings are adaptable enough to match lifetime's changing needs in accordance with Core Strategy policy CS06)

4.           There shall be no construction or demolition work, other than unforeseen emergency work, undertaken outside of the hours of 07:30 to 18:00 Monday to Friday, 07:30 to 13:00 on Saturdays or at any time on Sundays or Bank Holidays, unless the methodology has been submitted to the City Council Noise and Pollution Control team. The methodology must be submitted at least 10 working days before such work commences and agreed, in writing, by the City Council Noise and Pollution Control Team.

              The City Council Noise and Pollution Control Team shall be notified of any unforeseen emergency work as soon as is practical after the necessity of such work has been decided by the developer or by anyone undertaking the works on the developer’s behalf. (In the interests of the amenity of occupiers of the flats, and in accordance with policy PS10 of the City of Leicester Local Plan.)

5.           Before the commencement of the development a 1 metres² brick sample (showing brick type, bonding and mortar) and a sample of the materials to be used for the roof shall be submitted  ...  view the full minutes text for item 64.

The application withdrawn from the agenda before the meeting.

The meeting closed at 6.34pm.