Agenda item

20220031 - 118 Evington Valley Road

Ward: Spinney Hills

Proposal: Construction of single storey extension at rear (Class E(g))

Applicant: Mrs B Uppal

RESOLVED:

The Planning Officer presented the report and drew Members attention to the addendum report.

Andrew Gray, the applicant’s agent, addressed the Committee and spoke in support of the application.

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

The Chair summarised the application and points raised by Committee Members and the applicant’s agent and moved that in accordance with the Officer recommendation and the addendum report, the application be approved. This was seconded by Councillor Joshi and upon being put to the vote the motion was CARRIED.

Councillor Modhwadia had left the meeting room during the Chair summarising the proposals and did not return to vote.

              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 the slope of the roof shall be constructed in materials to match the existing walls and slopes of the roof. (In the interests of visual amenity, and in accordance with Core Strategy policy CS03.)

3.           The use of the extension shall not be carried on outside the hours of 07:00 to 20:00 daily. (In the interests of the amenities of nearby occupiers, and in accordance with saved policy PS10 of the City of Leicester Local Plan.)

4.           Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, as amended, or any order amending or revoking and replacing that Order with or without modification, the extension shall not be used for any purpose other than Class E(g) within Class E (Commercial, Business and Service) of the Order. (To enable consideration of the amenity of neighbouring properties and in accordance with Policies CS03 of the Leicester Core Strategy (2014) and saved Policies PS10 and PS11 of the Local Plan (2006).)

5.           Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no material change of use specified in Part 3, Class MA of Schedule 2 to that Order shall be carried out without express planning permission having previously been obtained. (To enable consideration of the amenity of future occupiers and consideration of satisfactory waste management and in accordance with Policies CS03 of the Leicester Core Strategy (2014) and saved Policies PS10 and PS11 of the Local Plan (2006).)

6.           A turning space, to enable delivery vehicles to enter and leave the site in a forward direction, shall be kept available within the site. (In the interests in highway safety, and in accordance with saved policy AM01 of the City of Leicester Local Plan and Core Strategy policy CS03.)

7.           Prior to the commencement of development full details of the Sustainable Drainage System (SuDS) together with implementation, long term maintenance and management of the system shall be submitted to and approved in writing by the local planning authority. The use shall not commence until the system has been implemented. It shall thereafter be managed and maintained in accordance with the approved details. Those details shall include: (i) full design details, (ii) a timetable for its implementation, and (iii) a management and maintenance plan for the lifetime of the development, which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the system throughout its lifetime. (To reduce surface water runoff and to secure other related benefits in accordance with policy CS02 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).

8.           Prior to the commencement of development details of drainage, shall be submitted to and approved in writing by the local planning authority. The use shall not commence until the drainage has been installed in accordance with the approved details. It shall be retained and maintained thereafter. (To ensure appropriate drainage is installed in accordance with policy CS02 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).

9.           The development shall be carried out in accordance with the approved Flood Risk Assessment (FRA) completed by Unda Consulting Limited dated 07/12/22 (version 1.0) and the following mitigation measures detailed within the FRA:

              • Flood resistance and resilience measures

              • Finished floor levels (FFL)

              The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing/phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority in consultation with the Lead Local Flood Authority.

10.         Development shall be carried out in accordance with the following approved plans:

              Ref. no. 007, received 11.01.22

              Ref. no. 008, received 11.01.22

              Ref. no. 009, received 11.01.22

              Ref. no. 010, received 11.01.22

              Ref. no. 011, received 11.01.22

              Ref. no. 012, received 11.01.22

              Ref. no. 013, received 11.01.22

              Ref. no. 014, received 11.01.22

              Ref. no. 015, received 11.01.22

              Ref. no. 002, received 16.11.22

              (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 (and pre-application).

              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 2021 is considered to be a positive outcome of these discussions.