Agenda item

20251474 - 5 Silbury Road

Ward: Abbey

Proposal: Change of use from dwellinghouse (Class C3) to residential children's home for two children (Class C2)

Applicant: Mr Matthew Piper

Councillors Agath and Singh Johal were present and participated in this application.

The Planning Officer presented the report.

There were no speakers on the item.

Members of the Committee considered the report.

The Chair summarised the application 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 Dr Moore 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 the occupation of the property as a Care Home, details of insulation to be installed to the internal party wall with 7 Silbury Road shall be submitted to and approved in writing by the Council as the Local Planning Authority, the insulation shall provide a minimum value of 55 dB DnT, w+Ctr. The insulation shall be maintained to the same minimum acoustic performance throughout the lifetime of the development. (In the interests of the amenity of 7 Silbury Road and in accordance with Policy PS10 of the Saved 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, 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. (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 full accordance with the following approved plans:

              - Location, Site and Parking Plan, 1905-04-02PL, Received 05.09.25

              - Existing and Proposed Plans and Elevations, 1905-04-01PL, Rev 1, Received 24.09.25

              (For the avoidance of doubt).

              NOTES FOR APPLICANT

1.           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).

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 2024 is considered to be a positive outcome of these discussions.