Agenda item

20211801 - 4 Barbara Road

Ward: Braunstone Park & Rowley Fields

Proposal: Change of use from dwelling house (Class C3) to residential care home (2 Bedrooms)(Class C2)(Amended 04/01/2022)

Applicant: Mr Nizam Bata

The Planning Officer presented the application and drew Members attention to the addendum report.

Members of the Committee considered the application and Officers responded to comments and queries raised.

The legal Officer provided advice in response to concerns raised by Members of the Committee.  The Chair also responded to queries raised by Councillor Dr Moore who withdrew from the debate and did not participate in the vote.

Officers provided responses to further questions raised by Members of the Committee.

The Chair summarised the application and the points raised by Members of the Committee and moved that in accordance with the Officer recommendation, the application be accepted. This was seconded by Councillor Joel, and upon being put to the vote, the motion was APPROVED.

RESOLVED:

                           That the application be APPROVED subject to the conditions set out below.

              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.           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, CS06 and CS14 of the Leicester Core Strategy (2014) and saved Policies PS10 of the Local Plan (2006.)

3.           No part of the development shall be occupied until details of arrangements for storage of bins and collection of waste have been submitted to and approved by the City Council as local planning authority. These arrangements shall be maintained thereafter. (In the interests of the amenities of the surrounding area, and in accordance with policies UD06 and PS10 of the City of Leicester Local Plan and Core Strategy policy CS03.)

4.           Before the occupation of any part of the development, any additional or reconfigured parking areas shall be surfaced and marked out in accordance with details which shall first have been submitted to and approved by the City Council as local planning authority, and shall be retained for parking and not used for any other purpose. (To ensure that parking can take place in a satisfactory manner, and in accordance with policies AM01 and AM11 of the City of Leicester Local Plan and Core Strategy policy CS03.)

5.           No part of the development shall be occupied until secure and covered cycle parking has been provided and retained thereafter, in accordance with written details previously approved by City Council as local planning authority. (In the interests of the satisfactory development of the site and in accordance with policy AM02 of the City of Leicester Local Plan.)

6.           Development shall be carried out in accordance with the following approved plans and supporting documents:

              Block/Site Location Plan - received on 19/07/2021

              Proposed Floor Plan and Elevations - drawing ref no. 21-02-01-08A – amended plans received on 04/01/2022

              Revised Planning Statement -Rev B - received on 04/01/2022

              (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 2021 is considered to be a positive outcome of these discussions.

2.           Leicester Street Design Guide (First Edition) has now replaced the 6Cs Design Guide (v2017) for street design and new development in Leicester. It provides design guidance on a wide range of highway related matters including access, parking, cycle storage. It also applies to Highways Act S38/278 applications and technical approval for the Leicester City highway authority area.  The guide can be found at:

              https://www.leicester.gov.uk/your-council/city-mayor-peter-soulsby/key-strategy-documents/

              As this is a new document it will be kept under review.  We therefore invite comments from users to assist us in the ongoing development of the guide.

              The Highway Authority’s permission is required under the Highways Act 1980 and the New Roads and Street Works Act 1991 for all works on or in the highway.

              For alterations to existing highway the developer must enter into an Agreement with the Highway Authority and cost of the works will be borne by the applicants/developers. For more information please contact highwaysdc@leicester.gov.uk.