Agenda and minutes

Apologies for absence were received from Councillors Halford and Khote.

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 Whittle declared in relation to planning application 20191135 6 Southland Road in that he represented the Ward in which it was located, but noted that he 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 11 December 2019 are a correct record.

RESOLVED:

That the minutes of the meeting of the Planning and Development Control Committee held on 11 December 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 with the reports.

RESOLVED:

That the report of the Director of Planning, Development and Transportation dated 29 January 2020, on applications, together with the supplemental report and information reported verbally by officers, be received and action taken as below:

Ward: Wycliffe

Proposal: Demolition of existing building; construction of four and five storey building to create 10 shops on the ground floor (Class A1) and 27 flats on the first to fourth floors (16 x 1bed, 11 x 2bed) (Class C3) (amended plans 28/10/2019,  17 & 28/1/2020) (S106 Agreement)

Applicant: MR PATEL

The Planning Officer presented the report and drew Members’ attention to the supplementary report which referred to an amendment to the affordable housing sections and an amendment to the conditions - that condition 11 and note 5 regarding a Traffic Regulation Order (TRO) were no longer needed and should be removed.

The applicant’s agent addressed the Committee and spoke in support of the application.

Councillor Dawood addressed the Committee and spoke in objection to the application.

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

The Chair moved that the application be approved subject to the conditions in the report, a Section 106 Agreement and the amendments set out in the supplementary report in accordance with the officer recommendation. This was seconded by Councillor Gee and upon being put to the vote, the motion 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.           Prior to the commencement of development the site shall be investigated for the presence of land contamination. 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 part of the development is occupied. Any parts of the site where contamination was previously unidentified and found during the development process shall be subject to remediation works that are carried out and approved in writing by the City Council as local planning authority prior to the occupation of the development. 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 of the preferred option(s). This shall be conducted in accordance with DEFRA and the Environment Agency's `Model Procedures for the Management of Land Contamination, CLR 11`. (To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that  ...  view the full minutes text for item 99.

Ward: Knighton

Proposal: RAISED RIDGE HEIGHT TO CREATE A TWO STOREY PROPERTY; TWO AND SINGLE STOREY EXTENSION AT SIDE AND REAR OF HOUSE; ALTERATIONS (CLASS C3) (AMENDED PLANS RECEIVED 14/01/2020)

Applicant: MR OUBED MOOSA

The Planning Officer presented the report.

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

The Chair moved that the application be approved in accordance with the officers’ recommendation. This was seconded by Councillor Aldred and upon being put to the vote, the motion 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.           Before the commencement of above ground works, 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.).

3.           Before the occupation of the proposed extension new windows facing 4 Southland Road shall be fitted with sealed obscure glazing (with the exception of top opening light) and retained as such. (In the interests of the amenity of occupiers of 4 Southland Road and in accordance with policy PS10 of the City of Leicester Local Plan).  

4.           Before the occupation of the proposed extension the screen to both side of the balcony shall be obscure glazing and retained as such. (In the interests of the amenity of occupiers of neighbours and in accordance with policy PS10 of the City of Leicester Local Plan).

5.           This consent shall relate solely to the amended plans received by the City Council as local planning authority on 14th January 2020. (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.

Ward: Castle

Proposal: Change of use from retail premises (Class A1) to hot food takeaway (Class A5); installation of ventilation flue at rear (Amended Plans 06.01.2020)

Applicant: Mr R Khan

The Planning Officer presented the report and drew Members’ attention to the supplementary report which provided further information about the site history.

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

The Chair moved that the application be approved in accordance with the officers’ recommendation. This was seconded by Councillor Thalukdar and upon being put to the vote, the motion 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.           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.)

3.           Before the use has commenced and notwithstanding the submitted plans, the ventilation system and flue shall have been installed in accordance with details approved by the local planning authority.  It shall be maintained and operated in accordance with the manufacturer’s specifications.  (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.           No noise or vibration from the flue shall be perceptible within any adjacent property. (In the interests of the amenities of neighbouring occupiers, and in accordance with policies PS10 and PS11 of the City of Leicester Local Plan.)

5.           This consent shall relate to the submitted plans as amended by plan ref. no. UBD531-BR-01C received by the City Council as local planning authority on 6th January 2020. (For the avoidance of doubt.)

The Director of Planning, Development and Transportation submitted a report that enabled the Committee to give its views to the Director to be taken into account when considering whether or not to overrule the objections to the scheme.

The Assistant Engineer/ Technician (Planning, Development and Transportation) presented the report which explained the proposed Morland Avenue Area 20mph scheme, and a subsequent objection to the scheme from one resident.

In response to the objection received, officers wrote to the objectors with the aim of addressing any concerns, however the resident wished to continue with the objection.

Members considered the report and commented that they supported the scheme.

AGREED:

That the views of the Planning and Development Control Committee be forwarded to the Director of Planning, Development and Transportation to take into account when considering whether or not to overrule the objections to the scheme.

The Director of Planning, Development and Transportation submitted a report to enable the Committee to give their views on this scheme, which was to address dangerous and inconsiderate parking at the junctions of roads in parts of Aylestone ward and part of Saffron ward.

The Transport Development Officer (Programme Planning, Development and Transportation) presented the report.

Councillor Porter, as Ward Councillor addressed the Committee and spoke in support of the scheme but requested that Harold Street be excluded from this current scheme due to reported existing parking issues on Harold Street. He further requested that officers looked into a potential residents parking scheme for Harold Street.

Members considered the report and queried consultation processes for residents parking, the timelines for implementing Double Yellow Lines (DYL) and also data regarding any accidents/ issues due to non DYL’s.

Members supported the general scheme but requested that the Director give further consideration to Harold Street and consults with the local Ward Councillors and residents.

AGREED:

That the views of the Planning and Development Control Committee be forwarded to the Director of Planning, Development and Transportation to take into account when considering whether or not to make the proposed traffic regulation order.

The meeting closed at 6.56pm.