Agenda and minutes

Councillor Mulhall declared an “Other Interest” in the matter referred to in Minute 24 (Application HH/2017/0707 – 88 and 90 Owenford Road). He withdrew from the meeting during the consideration of this item.

To consider whether to exclude press and public for items of private business for the reasons shown in the report.

RESOLVED that, under 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the item of business referred to in Minute 26 below relating to “enforcement Report” on the grounds that this item involves the likely disclosure of exempt information as defined in Paragraphs 2, 6(a) and 7 of Part 1 of Schedule 12A of that Act. 

Members are reminded that contacts about any planning applications on this agenda must, unless reported to this meeting by the Head of Planning, be declared before the application is considered.

There were no declarations of contacts.

The minutes of the meeting held on 15 June 2017 were signed as a true record.

The Committee noted a tabled report which summarised the representations and responses on the following:

There are no outstanding issues.

There were no outstanding issues.

Report of the Head of Planning and Regulation

The Committee considered a report of the Head of Planning and Regulation detailing the above application to demolish the existing building and erection of residential building with 11 units (mix of 1 bed and 2 bed units) with external space provided for each unit. The application was recommended for approval subject to conditions.

The Committee also considered a petition objecting to the application, bearing 42 signatures, which had been submitted by Councillor Lakha, a Binley and Willenhall Ward Councillor. Councillor Lakha attended the meeting together with the petition spokesperson and spoke in respect of the petition. Councillor J Mutton, also a Binley and Willenhall Ward Councillor attended the meeting and spoke in respect of his objections to the application. A registered speaker attended the meeting and spoke in respect of her objections to the application. The applicant’s agent attended the meeting and spoke in support of the application.

The late representations report tabled at the meeting provided further clarification on the proposal and detailed additional correspondence received and an additional condition proposed by the Council’s Drainage Engineer.

RESOLVED that planning permission be granted in respect of Application FUL/2017/0756 subject to conditions outlined in the report and the late representation report and subject to the completion of a legal agreement relating to NHS contributions, failure to complete the agreement by 26/07/2017 may result in the application being refused.

Report of the Head of Planning and Regulation

The Committee considered a report of the Head of Planning and Regulation detailing the above application for the demolition of an existing warehouse to develop new commercial units (Class B1, B2, B8) and an indoor go karting facility (sui generis use); widening of existing entrance, parking and manoeuvring areas and associated landscaping. The go karting track will utilise electric vehicles only. The application was recommended for approval.

The Committee also considered a petition objecting to the application, bearing 62 signatures, which had been submitted by Councillor A Khan, a Foleshill Ward Councillor. Councillor Khan and the petition spokesperson attended the meeting and spoke in respect of the petition. The applicant’s agent also attended the meeting and spoke in support of the application.

Following consideration of the report and matters raised at the meeting, Members considered that given the proximity of the residential properties to the site and the potential disruption that may be caused by late deliveries, they were minded to amend Condition 12 so that ‘no deliveries shall be taken or despatched from the site before 07:00 or after 22:00 or at any time on Sunday or Bank/Public Holiday”.  Furthermore an additional condition was proposed, seconded and adopted by Members in relation to the submission of a noise management plan.

RESOLVED that planning permission be granted in respect of Application FUL/2017/0519 subject to conditions outlined in the report, the amended Condition 12 as detailed above and the additional condition in relation to the submission of a noise management plan.

Report of the Head of Planning and Regulation

The Committee considered a report of the Head of Planning and Regulation detailing the above application for a two storey rear extensions and loft conversions at both 88 and 90 and two storey side extension to 90. The application was recommended for refusal for the reasons stated in the report.

The late representations report provided further clarification on the reasons for refusal and detailed an additional reason for refusal.

Councillor M Mutton, a Radford Ward Councillor attended the meeting with the applicant and spoke in support of the application.

Following consideration of the report and matters raised at the meeting, Members proposed that the application be deferred to a future meeting to allow the applicant time to submit amended plans in response to concerns about design and to ensure that all application formalities such as the bat survey had been dealt with appropriately. This was seconded and adopted. Members further proposed, seconded and adopted that, if through negotiations an acceptable scheme is designed, then the Head of Planning and Regulation be delegated authority to approve the scheme subject to conditions.

RESOLVED:

1.  That the consideration of planning application HH/2017/0707 be deferred to allow further negotiations on design and consideration of ecology to achieve a scheme that meets the development plan policies.

2.   That if an acceptable scheme is designed, authority be delegated to the Head of Planning and Regulation to issue the decision notice to approve the scheme subject to conditions.

3.  That if an acceptable scheme is not designed, the application be resubmitted to the Planning Committee for determination on 31 August 2017.

There were no other items of public business.

Report of the Director of Finance and Corporate Services and the Head of Planning and Regulation

The Committee considered a report of the Director of Finance and Corporate Services and Head of Planning and Regulation, which requested the Committee to consider whether or not the City Council as local planning authority should instigate the appropriate enforcement action in respect of the breaches of planning control as identified within Table 1 of the report. 

This report was in accordance with the Constitution which requires that all planning enforcement actions and prosecutions be authorised by Planning Committee.

RESOLVED that Planning Committee:

(1)  Delegate authority to the Head of Planning and Regulation and the Director of Finance and Corporate Services to serve the appropriate  enforcement and other statutory notices in respect of the following properties as identified within Table 1 (Notices and Prosecutions):

(a)  250 Windmill Road

(b)  14 Wren Street

(c)  12 Wren Street

(d)  677 Foleshill Road

(e)  164 & 166 Aldermans Green Road

(f)  20 Matlock Road

(g)  4 Astley Avenue

(h)  15 Astley Avenue

(i)  7 Clinton Road – Section 215 Notice (not Enforcement Notice)

(j)  7 Wappenbury Close

(k)  110a Jobs Lane

(l)  Harlequin Court, The Avenue

(m)  244 Birmingham Road

(n)  Land rear of 230/232 Leicester Causeway – Enforcement Notice and Section 215 Notice

(o)  147 Profitt Avenue

(p)  355 Sewall Highway – Section 215 Notice and/or Enforcement Notice

(q)  433 Foleshill Road

2. Delegate authority to the Head of Planning and Regulation and the Director of Finance and Corporate Services the formal prosecutions of the cases set out in Table 1 (Notices & Prosecutions) should negotiations fail; and

3. Delegate authority to the Head of Planning and Regulation and the Director of Finance and Corporate Services the formal prosecution of cases whereby enforcement and other statutory notices as identified within Tale 1 (Notices & Prosecutions) have not been complied with, and the undertaking of works in default to secure compliance where appropriate.

There were no other items of private business.