Agenda and minutes

The Committee observed a minute’s silence as a tribute to the recent passing of Councillor Khote who was a member of the Planning, Development and Control Committee.

Apologies for absence had been received from Councillor Rae Bhatia and Councillor Thalukdar.

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.

The Chair declared that he was a part of the congregation that used the Gurdwara that was adjacent to the site in application 20191832 Land East of Thurmaston Lane off Colin Grundy Drive.

The Chair also declared that he sat on the Governing Body with an objector that was registered to speak on application 20192171 1 Exploration Drive. It was noted that the application had not been discussed and he would be looking at it with an open mind.

These interests were not considered so significant that they were likely

to prejudice Councillor Riyait’s judgement of the public interest. In accordance

with the Council’s Code of Conduct he was therefore not required to withdraw from participation in the meeting during consideration of this item.

Members are asked to confirm that the minutes of the meeting of the Planning and Development Control Committee held on 29 January 2020 are a correct record.

RESOLVED:

That the minutes from the meeting of the Planning and Development Control Committee held on 29 January 2020 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.

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 of Planning, Development and Transportation dated 18 February 2020, on applications, together with the supplemental report and information reported verbally by officers, be received and action taken as below

Ward: Humberstone & Hamilton

Proposal: Construction of a two and three storey school building and sports hall with associated access; parking; external recreation areas; sports facilities and landscaping (Class D1) (subject to s111 agreement)

Applicant: Department for Education

The Planning Officer presented the report.

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

Members considered the application and Officers responded to the comments and questions raised.

The Chair moved that the application be approved subject to the amendments set out in the supplementary report and the s111 Agreement to secure the Section 106 agreement. This was seconded by Councillor Halford and upon being put to the vote, the motion was CARRIED.

RESOLVED:

That the application be APPROVED subject to the Conditions in the report and the supplementary report and a Section 111 agreement to secure the 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.           Prior to the commencement of any other development, the temporary construction access to Thurmaston Lane shall be installed in accordance with details shown on the drawing

              Below ground drainage layout sheet 2 FS0612-BMD-ZZ-XX-DR-D-50002 revision P06 received 3/2/2020. 

              Prior to occupation of the development the access shall be converted to a foot/cycle access in accordance with details that have previously been submitted to and approved in writing by the city council as local planning authority.  The foot/cycle access shall be retained thereafter for use in connection with the occupation of the approved development.  (To ensure that parking can take place in a satisfactory manner, and in accordance with policy AM01 of the City of Leicester Local Plan and policy CS03 of the Core Strategy). 

3.           Development shall be carried out in accordance with the approved Construction Method Statement Project No. HMD.0315 Revision 03 dated 28/01/2020.  (In the interests of the amenity of neighbouring occupiers and highway safety, and in accordance with policies AM01 and UD06 of the City of Leicester local plan, and Core Strategy policy CS03.)

4.           Prior to the commencement of development the trees on site shall be protected, and development shall be carried out thereafter, in accordance with the details shown in the approved Arboricultural Method Statement reference RT-MME-129469-02 dated 28/01/2020.  (In the interests of amenity, and in accordance with policy UD06 of the City of Leicester Local Plan and Core Strategy policy CS03.)

5.           Prior to any development taking place above ground level, and notwithstanding the approved plans, details of the following materials shall be submitted to and approved in writing by the City Council as local planning authority.  Development shall be carried out in accordance with the approved details.

              (i) External walling and roof materials including bricks, cladding and panels, rainscreen cladding

              (ii) external windows and doors

              (iii) canopies

              (iv) vents, flues and louvres.

              The details shall include a one square metre sample panel to be constructed on site showing the bricks,  ...  view the full minutes text for item 109.

Ward: Stoneygate

Proposal: Change of use from betting shop (Sui Generis) to two A3 units (Class A3); alterations to shop front; part demolition of existing rear outbuilding; construction of single and two storey extension at rear; alterations (amended plans received 29/01/2020)

Applicant: Mr Yaseen Patel

The Planning Officer introduced the report. The Officer drew Members attention to the supplementary report and Officer recommendation of an additional condition.

A local resident addressed the Committee and spoke on behalf of herself and local residents in objection to the application.

Members of the Committee considered the application and Officers responded to the comments and questions raised.

The Chair moved that the application be approved subject to the conditions in the report and supplementary report. This was seconded by the Vice Chair and upon being put to the vote, the motion was CARRIED.

RESOLVED:

That the application be APPROVED subject to the conditions outlined in the report and the supplementary report.

              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 first use of the restaurant the flue and ventilation details shown on the approved plan shall be fitted in full accordance with the approved details and manufacturers guidance and shall be retained thereafter. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)

3.           No noise or vibration from the operation of the local exhaust ventilation system detrimental to amenity shall be perceptible in any adjoining property. (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.           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.)

5.           The use shall not be carried on outside the hours of 07:30 to 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.           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 policy PS10 of the City of Leicester Local Plan.)

7.           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, smoke, soot, ash, dust or grit. (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 amended plans received by the City Council as local planning authority on 29/01/2020. (For the avoidance of doubt.)

              NOTES FOR APPLICANT

1.           No consent is granted or implied for the  ...  view the full minutes text for item 110.

Ward: Stoneygate

Proposal: Change of use from bank (Class A2) to restaurant/ hot food take away (Class A3/A5); construction of chimney to facilitate internal ventilation flue

Applicant: Mr SUMEET SINGH

The Planning Officer introduced the report. The Officer drew Members attention to the supplementary report and Officer recommendation of an additional condition.

A representative of the applicant addressed the Committee in support of the application.

A local resident addressed the Committee and spoke in behalf of herself and other residents of the local area in objection to the application.

Members of the Committee considered the application and Officers responded to the comments and questions raised.

The Chair moved to that the application be approved subject to the amended conditions in the supplementary report. This was seconded by the Vice Chair and upon being put to the vote was CARRIED.

RESOLVED:

That the application be APPROVED subject to the conditions in the supplementary report.

              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 first use of the restaurant the flue and ventilation details shown on the approved plan shall be fitted in full accordance with the approved details and manufacturers guidance and shall be retained thereafter. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)

3.           The external elevations shall be constructed in facing bricks to match those existing. (In the interests of visual amenity, and in accordance with Core Strategy policy CS03.)

4.           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 policy PS10 of the City of Leicester Local Plan.) 

5.           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, smoke, soot, ash, dust or grit. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)

6.           The use shall not be carried on outside the hours of 07:30 to 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.)

7.           This consent shall relate solely to the submitted plans received by the City Council as local planning authority on 04/12/2019, unless otherwise submitted to and approved by the City Council as local planning authority. (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 planning considerations, including planning policies and representations that may have been received and subsequently determining to grant planning permission with appropriate conditions taking account  ...  view the full minutes text for item 111.

Ward: Abbey

Proposal: Change of use of part of car park to car wash; construction of single storey detached building; construction of canopy; installation of security camera; installation of floodlights; alterations (Sui Generis)

Applicant: Waves Valeting Services Ltd

The Planning Officer informed the Committee that there were two applications for Exploration Drive. The first application would be a planning application for the car wash, the second was for advertisements at the car wash; the site was the Asda Car Park that ran onto exploration Drive and Abbey Lane. The Planning officer introduced the report and drew Members attention to the report and the proposal. The Planning Officer then drew Members attention to the supplementary report and the amended wording to some of the conditions and the complete list of recommended conditions.

A local resident addressed the Committee in objection to the application.

Members of the Committee considered the application and Officers responded to the comments and questions raised.

The Chair moved the motion to approve the application subject to the conditions. Members of the Committee did not second the motion.

The Legal Adviser to the Committee advised the Chair to invite an alternative motion from the members and allow officers to give advice on grounds for a motion to refuse.

No resolution to refuse the application was moved.

On having heard the advice given to the Committee from officers, and the comments from the Members during the debate, the Chair of the Committee moved a motion that the application be DEFERRED to consider Members’ concerns about traffic/parking, noise and other amenity for residents. Councillor Gee seconded the motion and having been put to the vote the motion was CARRIED.

RESOLVED:

That the application be DEFERRED.

Ward: Abbey

Proposal: Installation of seven non-illuminated fascia signs to car wash; Installation of four freestanding signs (Sui Generis)

Applicant: Waves Valeting Services Ltd

The Chair moved to that the application be deferred as it was linked to the previous application (20192171 1 Exploration Drive). This was seconded by Councillor Gee and upon being put to the vote the motion was DEFERRED.

RESOLVED:

That the application be DEFERRED.

Ward: Rushey Mead

Proposal: Construction of single storey detached residential annexe at rear of house (Class C3); alterations (Amended plans received 13/01/2020)

Applicant: Mr & Mrs Garry England

The Planning Officer presented the application and shared pictures displaying plans of existing and proposed plans.

Members of the Committee considered the application and Officers responded to the comments and questions raised.

The Chair moved that the application be approved subject to the conditions in the report and with the amendment in the supplementary report. This was seconded by the Vice Chair and upon being put to the vote, the motion was CARRIED.

RESOLVED:

That the application be APPROVED subject to the conditions outlined in the report and the amendment in the supplementary report.

              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 of existing house. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.)

3.           The annexe shall only be used in conjunction with the main house and shall not be occupied, let, sold or otherwise disposed of as a separate dwelling. (In the interests of residential amenity in accordance with Policy PS10 of the City of Leicester Local Plan and because the facility could not operate satisfactorily as a separate unit.)

4.           This consent shall relate solely to the amended plans reference nos B001a Rev A and B002a Rev A received by the City Council as local planning authority on 13/01/2020 and the site location plan received 11/11/2019. (For the avoidance of doubt.)

              NOTES FOR APPLICANT

1.           It is considered that there is a perceptible risk from landfill gas adversely affecting this site. It is therefore recommended that the advice of a suitable consultant should be sought and carried out in the design and development of any building at this site, or underground services associated with them. It is pointed out that it is the developer's responsibility for the safe development and secure occupancy of this site.

2.           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: Knighton

Proposal: CONSTRUCTION OF SINGLE STOREY EXTENSION AT REAR OF DAY NURSERY (CLASS D1); DEMOLITION OF GARAGE AT REAR; ALTERATIONS (AMENDED PLANS RECEIVED 27/08/2019)

Applicant: KIDDI CARU DAY NURSERIES

The Planning Officer introduced the report and displayed pictures showing the existing area and the new proposed plans. It was noted the addendum report had some conditions amended for clarity.

Members of the Committee considered the application and officers answered any queries raised.

The Chair moved to that the application be approved subject to the amended conditions in the supplementary report. This was seconded by Councillor Gee and upon being put to the vote was CARRIED.

RESOLVED:

That the application be APPROVED subject to the conditions in the report and in the supplementary report.

              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 commencement of development, all trees on and adjacent to the site subject to a Tree Preservation Order shall be protected from damage during building operations, in accordance with the Arboricultural Method Statement (AMS) to be first submitted to and approved in writing by the City Council as local planning authority. The details shall include ground protection details, foundation design within root protections areas and construction storage details. (In the interests of amenity, and in accordance with policy UD06 of the City of Leicester Local Plan and 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.           Notwithstanding the approved plans, no part of the extension shall be used until the 2 metre by 2 metre sight lines on each side of each eastern vehicular accesses on Elmsleigh Avenue and one side of the western access on Elmsleigh Avenue have been provided in accordance with plans first submitted to and approved in writing by the City Council as local planning authority. The approved details shall be retained thereafter. (In the interests of the safety of pedestrians and other road users, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

4.           No part of the extension shall be used until satisfactory footway crossings at both vehicle accesses have been provided. (To achieve satisfactory means of access to the highway, and in accordance with policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS3.)

5.           Prior to first use of the extension, the garage shall be demolished in accordance with the approved plans. (To ensure the parking area is achieved, and in accordance with policy AM11 of the City of Leicester Local Plan and Core Strategy policy CS15.)

6.           No part of the extension shall be used until a minimum of two secure and covered cycle parking have been provided and retained thereafter, in accordance with written details previously approved by City Council as local planning authority. (In the interests of  ...  view the full minutes text for item 115.

None

The meeting closed at 7.58 pm