Agenda item

Ward: Knighton

Proposal: Change of use from dwellinghouse (Class C3) to day nursery (Class E); installation of two 1m high gates to existing access at front; alterations (amended plans received 21/09/2023)

Applicant: Nursery Rhymes Learning Ltd

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

Matthew Leedham, the applicant, addressed the Committee and spoke in support of the application.

Shobhna Singh and Emma-Leigh Norton addressed the Committee and spoke in opposition to the application.

Councillor Whittle as Ward Councillor addressed the Committee and spoke in opposition to the application,

Members of the Committee considered the application and Officers responded to questions and queries 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 Mohammed 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 external wall of converted garage shall be constructed using facing bricks to match those existing and retained as such. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.)

3.           The approved metal gates shall be powder coated in black colour and installed in accordance with the approved plans and retained as such (In the interests of visual amenity, and in accordance with Core Strategy policy CS03.)

4.           Traffic flow within the site shall be managed by a one-way system with vehicular access to the site from a different entrance to the vehicular egress from the site and shall be operated as such for the lifetime of the development. (In the interests of the satisfactory development of the site and in accordance with policies AM01, AM02 and AM11 of the City of Leicester Local Plan).

5.           No part of the development shall be occupied until four secure and covered cycle parking spaces have been provided in accordance with the approved plans and retained thereafter. (In the interests of the satisfactory development of the site and in accordance with policies AM02 and AM11 of the City of Leicester Local Plan).

6.           No part of the development shall be occupied until all parking areas are surfaced and marked out in accordance with details shown on the approved plans and shall be retained for parking and not used for any other purpose. (To ensure that parking can take place in a satisfactory manner, in the interest of highway safety, and in accordance with policies AM01 and AM11 of the City of Leicester Local Plan and Core Strategy policy CS03)

7.           The development be carried out in accordance with the Travel Plan received on 10/08/2023. The Travel Plan shall be carried out in accordance with the timetable contained within the Travel Plan. The monitoring of travel modes (including travel surveys) shall be carried out of all users and patterns at regular intervals for a minimum of 5 years from the first occupation of the development brought into use. The plan shall be maintained and operated thereafter. (To promote sustainable transport and in accordance with policies AM01, AM02, and AM11 of the City of Leicester Local Plan and policies CS14 and CS15 of the Core Strategy).

8.           The use hereby approved shall not be carried on outside the hours of 07:30 to 18:00 Monday to Friday and at no other time. (In the interests of the amenity of neighbouring occupiers, in accordance with Policy CS03 of the Leicester Core Strategy (2014) and saved Policies PS10 and PS11 of the Local Plan (2006).

9.           The approved use shall be operated in accordance with the nursery management plan received on 21/09/2023, aimed at minimising disturbance to nearby residents and maintaining highway safety, and shall be operated at all times thereafter. (In the interests of the amenity of neighbouring occupiers, in accordance with saved Policies PS10 and PS11 of the Local Plan (2006).).

10.         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 premises shall not be used for any purpose other than day nursery within Class E of the Order. (To enable consideration of the amenity, parking and and highway safety impacts of alternative Class E uses, in accordance with Policies CS03 and CS15 of the Leicester Core Strategy (2014) and saved Policies PS10 and PS11 of the Local Plan (2006).)

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

              Proposed Site plan, N04-015 Rev A, received 21/09/2023

              Proposed Ground Floor Plan and North Elevation, N04-030 Rev A, received 26/06/2023

              Proposed elevations, N04-050, received 21/09/2023

              (For the avoidance of doubt).

              NOTES FOR APPLICANT

1.           With regards to the Travel Pack the contents of the pack are intended to raise the awareness and promote sustainable travel. The applicant should seek advice from Leicester City Council's Travel Plan Officer

2.           The effect of condition 9 of this planning permission is that future changes of use of the property will require planning permission from the City Council as local planning authority. (Permitted development rights for this property have been restricted).

3.           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.