Agenda item

20251959 - 4 Burnaston Road

Ward: Aylestone

Proposal: Construction of two storey extension at side and rear; single storey extension to rear of house (Class C3) (amended plans received 12 March 2026)

Applicant: Mr T Mushambadope

The Planning Officer presented the report.

Councillor Porter addressed the Committee and spoke in opposition to the application.

Members of the Committee considered the report and Officers responded to the comments and questions raised.

The Chair summarised the application and points raised by Committee Members and moved that 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 new walls and roof shall be constructed in materials to match those existing. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.)

3.           The proposed render as identified on 'Proposed Elevations' that were received by the local authority on the 12 March 2026, shall be finished in render to match the existing. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.)

4.           Should the development not commence within 18 months of the date of the last protected species survey (15/12/2025), then a further protected species survey shall be carried out of all buildings by a suitably qualified ecologist. The survey results and any revised mitigation             shall be submitted to and agreed in writing with the local planning authority and any identified mitigation measures carried out in accordance with the approved plan. Thereafter the survey should be repeated every 18 months and any mitigation measures reviewed by the LPA until the development commences. (To comply with the Wildlife and Countryside Act 1981 (as amended by the CRoW Act 2000), the Habitat & Species Regulations 2017 and CS 17 of the Core Strategy).

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

DRAWING NUMBER 2025/11/238/A, Page Number 2, received 12 March 2026

DRAWING NUMBER 2025/11/238/A, Page Number 4, received 12 March 2026

DRAWING NUMBER 2025/11/238/A, Page Number 5, received 12 March 2026

DRAWING NUMBER 2025/11/238/A, Page Number 6, received 12 March 2026

DRAWING NUMBER 2025/11/238/A, Page Number 7, received 12 March 2026

DRAWING NUMBER 2025/11/238/A, Page Number 11, received 12 March 2026

(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 which is subject of a householder application within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. A "householder application" means an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse which is not an application for change of use or an application to change the number of dwellings in a building.

2.           It is considered that there is a perceptible risk from landfill gas adversely affecting this site. It is therefore recommended that the advice of a suitable consultant should be sought and carried out in the design and development of any building at this site, or underground services associated with them. It is pointed out that it is the developer's responsibility for the safe development and secure occupancy of this site.

3.           It is recommended that care is taken during works should any bats or birds or their roosts or nests be discovered on or adjacent to the building or rooftop. In such a case, it is recommended that advice from a qualified ecologist should be sought before proceeding with works, given environmental protection legislation. Bats can roost or be present in roof structures of buildings or in crevices of walls. Further information on bats and the law can be found by searching for Bats: protection and licences - GOV.UK (www.gov.uk). Further information on birds and the law can be found by searching for Wild birds: protection and licences - GOV.UK (www.gov.uk)

4.           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 2024 is considered to be a positive outcome of these discussions.