Agenda and minutes

Apologies for absence were received from Councillor Valand.

Councillor Dr Moore was in attendance to make a representation to the Committee and not in her role as a Committee member.

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 Members Involvement in Planning and Development Management Decisions.

The Committee Members present at the meeting introduced themselves in turn and stated they had no such interests.

The Chair and Vice Chair noted that they had received information on the Granby Street, Last Plantagenet application but would be considering the application with an open mind.

Members are asked to confirm that the minutes of the meeting of the Planning and Development Control Committee held on Wednesday 2 June 2021 are a correct record.

AGREED:

That the minutes of the meeting of the Planning, Development and Control Committee 2 June 2021 be confirmed as a correct record.

The City Barrister and Head of Standards submits a report with the revised Public Speaking Rules to allow the continued option for remote public speaking during the time of COVID19 and going forward for reasons of convenience and accessibility.

Members of the Committee are recommended to note the report and pass any comments.

The Legal Advisor presented a report submitted by the City Barrister and Head of Standards with the proposed revised Public Speaking Rules to allow for the continued option for remote public speaking during the time of Covid 19 and going forward for reasons of convenience and accessibility.

It was noted that the Regulations which allowed for “ virtual meetings” had expired  , and  meetings were once again  required to be held with Elected Members  physically present in one  location and also to be  open for  public access in person at the meeting location. . However, IT provisions were being put in place in future to offer continued remote access to meetings for public speakers in addition to the option for public speaking in person in the meeting room.  

The report and the addendum report showed the changes to the rules for the Planning and Development Control Committee from June 2021. The IT was   not yet in place and operational, but Officers were now aiming for it to be ready for the next meeting. Potential Public Speakers will be given notice if issues continue which could result on any delay to the roll out of the scheme.

The Chair of the Committee and Members of the Committee unanimously supported the changes.

RESOLVED:

That the City Barrister and head of Standards note that the Members of the Committee Approve the Report and the changes to the public speaking rules.

The Director of Planning, Development and Transportation submits a report on the Scheme of Delegation to Officers.

Members of the Planning, Development Control Committee are requested to pass any comments to the Director of Planning Development and Control Committee.

The Director of Planning Development and Transportation submitted a report on the Scheme of Delegations.

It was noted that Appendix 2 set out the amended version of the scheme and the only substantive change was at part A. Officers suggested  that the scheme continues as amended and that advised that the Terms of Reference of the Committee were set out in the Councils Constitution which were currently under review.

The Chair and Members of the Committee. Unanimously supported the changes and approved the Report

RESOLVED:

That the Members the Committee approve the report and the amended Scheme of Delegation.

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 announced that he would take the planning reports in a different order to that given in the agenda, due to the attendance of members of the public 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 23 June 2021, on applications, together with the supplemental report and information reported verbally by officers, be received and action taken as below:

20210017 - 26 Southernhay Road

Ward: Knighton

Proposal: Installation of 4 x air conditioning units to side and rear of house (Class C3)

Applicant: Skyline Architecture Ltd

The Planning Officer presented the report.

Mr Lakhani addressed the Committee and spoke in objection to the application.

Councillor Dr Moore ward Councillor for Knighton and Deputy City Mayor for Environment and Transportation Councillor Clarke (speaking in his capacity as Heritage Champion) addressed the Committee and spoke in objection of the application.

Members of the Committee considered the report and expressed concerns on the grounds of visual amenity, noise disturbance to neighbouring residents, and the potential contribution of these Air Conditioning Units to global warming.  Officers responded to the comments and queries raised, and reminded Members that technical  Noise Officers had given comments and proposed conditions to overcome the noise issues identified; also if the Application was refused  and Appealed  evidence to support the members reasons for refusal would be required to substantiate a refusal on noise grounds. 

The Chair moved that the application be approved subject to the conditions set out in the report. This was seconded by Councillor Nangreave and upon being put to the vote, the motion was REFUSED.

Members of the Committee then shared their reasons for rejecting the application, on the grounds that the significant noise caused to the adjoining residents in this residential area could not be satisfactorily mitigated as suggested by the conditions proposed.

The Chair moved the motion to reject the proposal, this was seconded by Councillor Whittle and upon being put to the vote the motion to reject was CARRIED.

RESOLVED:

                           That the application be REJECTED on the basis of unacceptable noise impacts upon the adjoining residents contrary to Leicester Local Plan Policy PS10, with the detailed wording of refusal delegated to Officers in consultation with the Chair and Vice Chair of Committee.

20201018 - 107 Granby Street, Last Plantagenet

Ward: Castle

Proposal: Change of use from drinking establishment (Class A4) and offices (Class B1) to student accommodation (56 x studios) (Sui Generis) at first – fourth floors and part-ground floor and basement, with commercial use at part-basement and ground levels  - restaurant/drinking establishment; Alterations (Amended Plans)(S106 Agreement)

Applicant: Kotecha

The Planning Officer presented the report.

Mr Hussain the applicants agent then addressed the Committee and spoke in support of the application.

Councillor Kitterick then addressed the Committee and spoke in objection tothe application.

Members of the Committee considered the report and Officers responded to any comments and queries raised.

The Chair moved that the application be approved as per the Officer recommendation. This was seconded by Councillor Pandya 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 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 housing and education provision and to assess floor space standards and the suitability of the accommodation for general residential purposes in accordance with policies CS06, CS07 & CS19 of the Core Strategy and policies PS10 & H07 of the City of Leicester Local Plan.)

3.           Notwithstanding the information submitted as part of the application, before the development is begun, samples of the materials to be used on all external elevations and roofs, showing (but not necessarily limited to) window frames, glass panels, ventilation panels/louvres, filling material for the stonework and cladding, shall be provided and approved in writing by the City Council as local planning authority. No works shall be carried out other than in accordance with approved details. (In the interests of visual amenity and to preserve the special character of the area and in accordance policies CS03 and CS18 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.           Prior to any rooftop work commencing, a detailed design plan of lighting to be used which shows the locations of lights, their type of light emittance and wavelength, together with a lux contour map showing the variation in light, shall be submitted and approved in writing by the local planning authority. The lighting should be designed  ...  view the full minutes text for item 23.

20210800 - 7 Foxcroft Close

Ward: Braunstone Park & Rowley Fields

Proposal: Construction of single storey extension to front of house (Class C3); alterations (amended plans 26/05/2021)

Applicant: MISS SANDRA VELMA ELIZABETH SAMUEL

The Planning Officer presented the report.

Members of the Committee considered the report.

The Chair moved that the application be approved subject to the conditions set out in the report. This was seconded by Councillor Nangreave 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.           Prior to the commencement of development, adequate provision shall be made by the developer for a full site survey to ascertain the ground conditions and potential danger from landfill gas and appropriate measures to protect the development from hazards associated with landfill gas shall be submitted to and approved in writing by the City Council as Local Planning Authority, and the works carried out in the accordance with the approved details. (The site is within 250 metres of a landfill site known to have accepted wastes and it is considered that there is a perceptible risk of landfill gas adversely affecting it. To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition.)

3.           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 CS3.) 

4.           This consent shall relate to the amended plan ref no. 002/786 Rev A, 003/786 Rev A, 004/786 Rev A, 005/786 Rev A, 006/786 Rev A and 007/786 Rev received by the City Council as local planning authority on 26/05/2021. (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.

The Director of Planning, Development, and Transportation submits a report setting out objections received to proposals to install electric vehichle charging points.

The Members of the Committee are recommended to give their views to the Director of Planning, Development and Transportation to consider.

The Director of Planning, Development and Transportation submitted a report setting out the objectors report for the Leicester (Consolidation) Traffic Regulation Order 2006 (amendment) (Electric Vehicle Charging bays, various roads, Leicester).

The Traffic Regulation Order Project Officer outlined the report and proposals.

The Committee considered the proposals for the scheme and queried how the bays would be managed, how much the scheme would cost the authority and would the scheme generate an income for the authority.

Councillor Adam Clarke in his capacity as Deputy City Mayor for Environment and Transportation addressed the Committee on points of clarification with the permission of the Chair

RESOLVED:

That the Director of Planning Development and Transportation be asked to note when considering whether or not to make the proposed Traffic Regulation Order that this Committee were supportive of the programme and scheme to further promote sustainable transport and that the objections be noted and dialogue continue with the local residents of the area.

The Director of Planning, Development, and Transportation submits a report setting out objections received to proposals to introduce one-way traffic restrictions.

The Members of the Committee are recommended to give their views to the Director of Planning, Development and Transportation to consider.

The Director of Planning, Development and Transportation submitted a report setting out the objectors report for the proposed one way street restriction to the Keythorpe Street area.

The Traffic Regulation Order Project Officer outlined the report and proposals. It was noted that there had been 12 overall objections, where one individual had objected to the entire scheme and 11 objectors to the flow of the traffic. Following amendments to the proposal, 6 objectors withdrew their objections, 5 had not responded and 1 still thought the proposals would cause congestion.

The Committee considered the proposals and the improved layout of the scheme following work done to mitigate objections.

RESOLVED:

That the Director of Planning, Development and Transportation be asked to note when considering whether or not to make the proposed Traffic Regulation Order that this Committee is supportive of the proposal of the one way street restrictions for the Keythorpe Street area.

The Director of Planning, Development, and Transportation submits a report setting out objections received to proposals to introduce one-way traffic restrictions.

The Members of the Committee are recommended to give their views to the Director of Planning, Development and Transportation to consider.

The Director of Planning, Development and Transportation submitted a report setting out the objectors’ report for the proposal of one way street restriction to Nansen Road.

The Traffic Regulation Order Project Officer described the area as a busy for majority of the day, comprising of industrial units and residential dwellings. It was noted that the street was most busy during the school drop off and pick up times and the proposal would benefit the entire area.

The Committee considered the proposal and recognised the work done to mitigate objections.

RESOLVED:

                        That the Director of Planning, Development and Transportation be asked to note when considering whether or not to make the proposed Traffic Regulation Order that this Committee is supportive of the proposal for one way restrictions with traffic calming measures to Nansen Road.

None

The Meeting closed at 7:57pm.