Agenda item

Ward: Humberstone & Hamilton

Proposal: Change of use from dwellinghouse (Class C3) to children's care home (max 2 children) (Class C2)

Applicant: Nompumelelo Dube

Councillor Joel rejoined the meeting.

The Planning Officer presented the report.

Mr Yasini Mfunda addressed the Committee virtually and spoke in favour of the application.

Mr Muhammad Varda addressed the Committee and spoke against the application.

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

The Chair summarised the application and the points raised by Members of the Committee and moved that in accordance with officer recommendation, the application be approved. This was seconded by Councillor Mohammed and upon being put to the vote, eight members voted in favour and three voted against. With the majority in supporting the motion, 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 use hereby permitted shall be carried on only by Nozinhle Dube Ltd (company number 13782186). When the premises cease to be operated by Nozinhle Dube Ltd, the use hereby permitted shall cease and the property reverted back to a family house (Class C3). (To ensure the use addresses the qualitative need evidenced by the Social Care Team and Local Housing Needs Assessment and is in accordance with Leicester Local Plan 2026 policy Ho03).

3.         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 Leicester Local Plan 2026 policies DQP06 and T07.

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

            - Block Plan, Received 08.12.2025

            - Proposed Floor Plans, 086, Received 08.12.2025

            (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.