Agenda item

Ward: Knighton

Proposal: Change of use from dwellinghouse (Class C3) to day nursery (Class E); construction of single storey extension at front; single storey extension at rear; associated parking (amended plans received 3/10/2023 and 17/10/2023)

Applicant: Mr Amit Patel

At this point Councillor Bonham resumed his place on the Committee.

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

Jack Wilkins, on behalf of the applicant, addressed the Committee and spoke in support of 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 Aldred 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.           Prior to any work above ground level and notwithstanding the materials details provided within the application form, the materials to be used on all external elevations shall be submitted to and approved by the City Council as local planning authority. The details shall include:

              •         a 2m x 2m brick sample panel including mortar and bonding;

              •         Window and door frame section details and door joinery details at 1:5 scale or 1:10 scale where appropriate;

              The development shall be carried out in accordance with the approved details and shall be retained as such for the lifetime of the development. (To ensure the that the details are agreed in time to be incorporated into the development and in the interests of visual amenity and the character and appearance of the area, and in accordance with Core Strategy policy CS03).

3.           Traffic flow within the site shall be managed by a one-way system with vehicular access to the site from London Road and the vehicular egress from the site to Knighton Drive 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).

4.           Before the occupation of any part of the development, 'WAY IN', 'WAY OUT' and 'NO ENTRY' signs shall be installed in accordance with the approved details and retained as such. (For the safety and convenience of pedestrians and other road users, and in accordance with saved Local Plan policies AM01 and AM02 and Leicester Core Strategy policy CS3.)

5.           No part of the development shall be occupied until the five parking areas shown on the approved plans 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. Notwithstanding the approved plans, the garage shall be used as one vehicle parking space and retained as such thereafter. (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)

6.           No part of the development shall be occupied until four secure cycle parking spaces have been provided to the front of the site for parent and visitor use and three cycle parking spaces have been provided within the existing garage 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).

7.           The development be carried out in accordance with the Travel Plan received on 05/07/2023. 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.           All trees within the application site and neighbouring sites that are shown to be retained shall be protected from damage during building operations, in accordance with the Tree Protection Plan and Impact Assessment both received on 05/07/2023. Before any equipment, machinery or materials are brought on to the site for the purposes of the development, all existing trees, shrubs or hedges to be retained on the site shall be protected by fencing in accordance with British Standard BS 5837:2012. The location of the protective fencing shall not be within the root protection area of all retained trees. The fencing shall be maintained until all equipment, machinery and any surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and no alteration to the ground level shall be made without the prior written approval of the City Council unless this is clearly indicated on the approved plans. (To minimise the risk of damage to trees and other vegetation in the interests of amenity, and in accordance with saved policy UD06 of the City of Leicester Local Plan and Core Strategy policies CS03 and CS18).

10.         The approved use shall be operated in accordance with the nursery management plan received on 09/10/2023, 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).).

11.         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).)

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

              Proposed Site Plan,  21090/DSA/BP/GF/EXT/A/002 Rev P02, received 06/07/2023

              Proposed Site Layout, DWG//4279/001 Rev P03, received 09/10/2023

              Proposed Ground Floor Plan, 21090/DSA/FP/XX/XX/A/003 Rev P08, received 17/10/2023

              Proposed First Floor Plan, 21090/DSA/FF/XX/XX/A/008 Rev P01, received 17/10/2023

              Proposed Roof Plan, 21090/DSA/SL/RP/XX/A/007 Rev P02, received 03/10/2023

              Proposed Elevations, 21090/DSA/ELE/XX/XX/A/004 Rev P04, received 03/10/2023

              Proposed General Arrangement, 21090/DSA/SL/GF/XX/A/006 Rev B, received 09/10/2023

              (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 11 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.