Agenda item

20241665 - 42 Clarefield Road

Ward: Western

Proposal: Change of use from dwellinghouse (Class C3) to Residential care home (Class C2) (max 2 adults in care)

Applicant: Sublime Care Solutions Limited

The Planning Officer presented the report.

Councillor Joel and Councillor Bajaj entered the meeting, apologising for their late attendance. Councillor Bajaj had no interests to declare. Councillor Joel declared an interest in the application due to their relation to the planning agent. The Chair noted that neither Councillor would participate in the item and Councillor Joel withdrew from the meeting.

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, the application be approved. 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 change of use hereby approved shall not take place until sound insulation for the shared party wall with number 40 Clarefield Road has been installed in accordance with the details set out in chapter 2.2 of the submitted Noise Report (Acoustic Design Technology, dated 16 May 2024, ref ADT3070/NIA) The sound insulation so installed shall be retained thereafter at the same acoustic performance. (To safeguard amenity at the adjoining semi-detached house, and in accordance with policies PS10 & PS11 of the City of Leicester Local Plan (2006)).

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, unless otherwise approved in writing by the local planning authority. (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, unless otherwise approved in writing by the local planning authority. (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:

            Floor Plans & Elevations, drawing no DS_05_20 P2, received 17/09/2024

            (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).