Agenda item

Ward: Humberstone & Hamilton

Proposal: Construction of drive-thru restaurant including hot food takeaway (Class E & Sui Generis) to south of supermarket and carpark; associated landscaping; access (Amendments received 17th April 2023)

Applicant: Boparan Restaurant Group

At this point Councillor Bonham left the room.

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

Chris Jones, on behalf of the applicant, addressed the Committee in support of the application.

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

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

RESOLVED: permission was granted subject to conditions

              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 11:00 while 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.           The external elevations shall be constructed in materials indicated in the approved plans. (In the interests of visual amenity, and in accordance with Core Strategy policy CS03.)

4.           A. No groundworks or new development shall take place or commence until a programme of archaeological investigation has been agreed in accordance with a prepared Written Scheme of Investigation submitted to and approved in writing by the local planning authority. The scheme shall include:

              (1) an assessment of significance and how this applies to the regional research framework;

              (2) the programme and methodology of site investigation and recording;

              (3) the programme for post-investigation assessment;

              (4) provision to be made for analysis of the site investigation and recording;

              (5) provision to be made for publication and dissemination of the analysis and records of the site investigation;

              (6) provision to be made for archive deposition of the analysis and records of the site investigation;

              (7) nomination of a competent person or persons or organization to undertake the works set out within the Written Scheme of Investigation.

              B. No new 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. (To ensure that the details are agreed in time to be incorporated into the development, this is a PRE-COMMENCEMENT condition)

5.           No part of the development shall be occupied until secure and covered cycle parking has been provided and retained thereafter, in accordance with the approved site plan. (In the interests of the satisfactory development of the site and in accordance with policy AM02 of the City of Leicester Local Plan).

6.           The parking and service area shall be provided before the occupation of any part of the development and shall be retained and kept available for that use. (To ensure that parking and servicing can take place in a satisfactory manner; and in accordance with policies AM01, AM02, AM11, R03, and R05 of the City of Leicester Local Plan and Core Strategy policy CS03)

7.           No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the City Council as local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: (i) the parking of vehicles of site operatives and visitors; (ii) the loading and unloading of plant and materials; (iii) the storage of plant and materials used in constructing the development; (iv) the erection and maintenance of security hoarding; (v) wheel washing facilities and/or measures to control debris being deposited on the highway during construction. (To ensure the satisfactory development of the site, and in accordance with policies AM01, UD06 of the City of Leicester Local Plan and Core Strategy policy CS3. 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 occupation of the development a Delivery Management Plan, indicating all scheduled times for delivery and waste collection to and from the site, shall be submitted to and approved in writing by the City Council as local planning authority. The Delivery Management Plan shall be adhered to for the lifetime of the development. (To ensure the satisfactory development of the site, and in accordance with saved policy AM01 of the City of Leicester Local Plan.)

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

              Issue Sheet, ISS, revision F, received 27th April 2023

              Existing Site Plan, L100, revision F, received 27th April 2023

              Existing Site Plan, E100, revision F, received 27th April 2023

              Existing Site Section AA, E101, revision F, received 27th April 2023

              Existing Site Section BB, E102, revision F, received 27th April 2023

              Proposed Site Plan, S100, revision F, received 27th April 2023

              Proposed Floor Plan & Roof Plan, G100, revision F, received 27th April 2023

              Proposed 1000sqft Pod Elevations A & B, C100, revision F, received 27th April 2023

              Proposed 1000sqft Pod Elevations C & D, C101, revision F, received 27th April 2023

              Visualization A, V100, revision F, received 27th April 2023

              Finishes Schedule, F100, revision F, received 27th April 2023

              Bin Store Detail, D100, revision F, received 27th April 2023

              (For the avoidance of doubt).

              NOTES FOR APPLICANT

1.           No consent is granted or implied for the advertisement shown on the submitted plans, for which a separate application may be necessary.

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 (and/or 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 2023 is considered to be a positive outcome of these discussions.