Agenda and minutes

Apologies for absence were received from Councillor Aldred 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 Khote declared in relation to planning application 20191267 7-9 Charnwood Walk that she had received mail in connection with this application, but she approached the meeting with an open mind.

Members are asked to confirm that the minutes of the meeting of the Planning and Development Control Committee held on 7 October 2019 are a correct record.

RESOLVED:

That the minutes of the meeting of the Planning and Development Control Committee held on 2 October 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.

RESOLVED:

that the report of the Director of Planning, Development and Transportation, dated 23 October 2019, on applications and information provided verbally by officers be received and action taken as below:

Ward: Castle

Proposal: DEMOLITION OF EXISTING BUILDING; CONSTRUCTION OF FIVE AND EIGHT STOREY MIXED USE BUILDING COMPRISING OF 159 RESIDENTIAL STUDIO FLATS (CLASS C3); GROUND FLOOR UNIT FOR NURSERY/RETAIL/RESTAURANT (CLASS D1/A1/A3) (AMENDED PLANS RECEIVED) (SUBJECT TO S111/S106 AGREEMENT)

Applicant: SMMS DEVELOPMENTS LTD

The Planning Officer presented the report.

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

Councillor Kitterick then addressed the Committee, expressing concerns about some aspects of the application.

Members considered the report 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 the completion of a Section 111 Agreement to secure a Section 106 Agreement to secure developer contributions towards improvements to two of the city’s parks.  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 and subject to completion of a Section 111 Agreement to secure a Section 106 Agreement:

              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 and a Written Scheme of Investigation in respect of an archaeological evaluation has been submitted to and approved in writing by the City Council as the 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 organisation 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.           Prior to the commencement  ...  view the full minutes text for item 71.

Ward: Westcotes

Proposal: CHANGE OF USE FROM HOUSE (CLASS C3) TO HOUSE IN MULTIPLE OCCUPATION (8 BEDROOMS) (SUI GENERIS) AND RETROSPECTIVE APPLICATION FOR DEMOLITION OF OUTBUILDING; ALTERATIONS

Applicant: MR AMARDIP BRAR

The Planning Officer presented the report.

Mr Rowland, the applicant’s agent, 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 refused for the reasons set out in the report.  This was seconded by Councillor Gee and upon being put to the vote the motion to refuse was CARRIED.

RESOLVED:

that the application be REFUSED for the reasons set out below:

              REASONS FOR REFUSAL

1.           The proposal is not acceptable as it will result in the loss of a dwellinghouse suitable for family accommodation for which there is an identified demand and will exacerbate the concentration of shared housing in an area already identified as having a harmful concentration of such uses. As such it will exacerbate the demographic imbalance, significantly harming the amenity of the existing residents in the area contrary to the Residential Amenity SPD (2008), saved policies PS10 and PS11 of the City of Leicester Local Plan (2006), Core Strategy (2014) policies CS03, CS06 and CS08 and paragraphs 59, 92, 122, 124, 127 and 130 of the National Planning Policy Framework (2019).

2.           The proposal would harm the character and appearance of the Conservation Area by reason of increased waste storage/collection and noise/general disturbance, lack of management arrangements and sense of ownership of the application site, potential increased levels of burglary and crime, increased demand and pressure on some services and decreased demand in other services. The proposal is therefore contrary to Core Strategy (2014) policies CS03 and CS18 and paragraphs 122,192, 193, 194 and 196 of the National Planning Policy Framework (2019).

              NOTES FOR APPLICANT

1.           The City Council engages with all applicants in a positive and proactive way through specific pre-application enquiries and the detailed advice available on the Council’s website. On this particular application advice was given during the application process. Notwithstanding that advice the City Council has determined this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received. As the proposal was clearly unacceptable and could not be reasonably amended it was considered that further discussions would be unnecessary and costly for all parties.

Ward: North Evington

Proposal: CHANGE OF USE FROM SHOP (CLASS A1) TO RESTAURANT AND CAFE (CLASS A3) AND HOT FOOD TAKEAWAY (CLASS A5), INSTALLATION OF FLUE AT REAR; INTERNAL ALTERATIONS

Applicant: MR F DIAS

The Planning Officer presented the report.

Mr Dias, the applicant, addressed the Committee and spoke in support of the application. 

Councillor Joshi then addressed the Committee, also speaking 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 with the conditions set out in the report.  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 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 authorised by this permission shall not commence until the ventilation system to control the emission of fumes and smell from the premises has been installed as shown on the approved plans and it shall be maintained and operated thereafter in accordance with the manufacturer’s instructions. (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 part of the development shall be occupied until details of arrangements for storage of bins and collection of waste have been submitted to and approved by the City Council as local planning authority. These arrangements shall be maintained thereafter. (In the interests of the amenities of the surrounding area, and in accordance with policies H07 and PS10 of the City of Leicester Local Plan and Core Strategy policy CS3.)

4.           Before the use is begun, a litter bin/s shall be provided on the forecourt to the property in accordance with details which shall first have been submitted to and approved by the City Council as local planning authority and shall be retained. (In the interests of general amenity, and in accordance with policy 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).

5.           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.)

6.           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.)

7.           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  ...  view the full minutes text for item 73.

Ward: North Evington

Proposal: REPLACEMENT DOORS AND WINDOWS AT FRONT; BOUNDARY GATES AND WALLS AT FRONT OF HOUSES (CLASS C3)

Appellant: MR FAHAD RANGILA

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 7.08 pm