Agenda item

20241068 - 97 Roehampton Drive

Ward: Eyres Monsell

Proposal: Change of use from house in multiple occupation (3 bed) (Class C4) to children's home (Class C2) (max 2 children)

Applicant:  AIDA LOCKTON

The Planning Officer presented the report and noted the addendum report.

Members of the Committee considered the report and Officers responded to the comments and queries raised. The Chair summarised the application and the points raised by Members of the Committee and moved that in accordance with the Officers recommendation, the application be approved subject to the conditions set out in the report. This was seconded by Councillor Cassidy 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 development shall not be occupied until the Rockwool Flexi Acoustic Slab noise insulation scheme is provided and installed at the property from floor to ceiling in all the locations along the common boundary with 99 Roehampton Drive as shown within the submitted details. The insulation scheme shall be retained as such for the lifetime of the development. (In the interests of the amenities of future users and of neighbouring properties, and in accordance with policies PS10 and PS11 of the City of Leicester Local Plan.

3.           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 for a care home within Class C2 of the Order. (To enable consideration of the amenity, parking and highway safety impacts of alternative Class C2 uses, in accordance with Policies CS03, CS08 and CS14 of the Leicester Core Strategy (2014) and saved Policy PS10 of the Local Plan (2006).

4.           The premises shall not accommodate any more than 2 residents in care at any one time (To enable consideration of the amenity of residents and parking impacts of a more intensive use, in accordance with Policy CS14 of the Leicester Core Strategy (2014) and saved Policy PS10 of the Local Plan (2006).

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

              Proposed Floor Plans ND/24/122/02, received 17/06/2024

              Proposed Floor Plans ND/24/122/02, Rev a, received 09/10/2024

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

2.           There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply.

              Based on the information available, this permission is considered to be one which will not require the approval of a biodiversity gain plan before development is begun because the following statutory exemption/transitional arrangement is considered to apply:

              Development below the de minimis threshold, meaning development which:

              i) does not impact an onsite priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and

              ii) impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).