Issue - meetings

Application for change of use from children's day nursery to a residential care home for children with education facility.

Application for change of use from children’s day nursery to a residential care home for children with education facility.

Notwithstanding the officer’s recommendation that permission be granted, members felt that the change of use would have a detrimental impact on neighbours, particularly the occupiers of number 144. The committee considered the impact of the Public Sector Equality Duty under section 149 of the Equality Act 2010 and its application both to the proposed occupiers of 146 and the existing occupiers of 144 and concluded that the impact on 144 would tip that balance in favour of a refusal. It was therefore moved by Councillor Roberts and seconded by Councillor Cartwright that permission be refused. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – permission be refused due to the likely detrimental impact on the neighbouring amenity, specifically number 144, contrary to policy DM10.

Application for change of use from children's day nursery to a residential care home for children with education facility.

Late items

Introduction:-

The application was deferred at the last Committee. There is an update on the application on the Agenda. The applicant has also now provided a Fence detail drawing which shows the dividing fence between the application property and the neighbouring property to the east (no 144 Hinckley Road) at a height of 2.4 metres (Dwg no SK01, Scale 1:50 @ A4).

Consultations:-

 No additional consultations have been made.

Appraisal:-

The submitted fence detail is acceptable in regards to the appearance and scale, however the detail of the location of the fence to be erected has not been submitted. Therefore Condition 7 outlined in the committee report will need to remain, however condition 2 is amended to include the submitted plan for clarity.

Recommendation:-

The officer’s recommendation remains as an Approval with the following alteration to Condition 2 to read:

2.         The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted unnumbered plans: Site Plan, Block Plan (un-numbered but both received by the local Planning Authority on 9th January 2019, Proposed floorplans of dwelling ground and first floor (un-numbered but received by the Local Planning Authority on 16th January 2019), Close boarded boundary fence detail , Dwg no SK01 (scale 1:50 @A4) received by the Local Planning Authority on 8 April 2019.

Reason: To ensure a satisfactory impact of the development to accord with Policies DM1 and DM10 of the adopted Site Allocations and Development Management Policies DPD.

Application for change of use from children’s day nursery to a residential care home for children with education facility

Notwithstanding the officer’s recommendation that permission be granted, members felt that the proposed use would have a detrimental impact on neighbours contrary to DM10 of the SADMP and that the committee needed to have due regard to the public sector equality duty under section 149 of the Equality Act 2010. It was moved by Councillor Roberts and seconded by Councillor Hollick that the committee be minded to refuse permission for these reasons.

Councillor Roberts along with four other members requested that voting on the motion be recorded. The vote was taken as follows:

Councillors Cartwright, Cook, Hodgkins, Hollick, Ladkin, Lynch, Roberts, Smith, Surtees, Sutton, Witherford and Ward voted FOR the motion (12);

There were no votes against the motion and no abstentions.

The motion was declared CARRIED and it was

RESOLVED – members be minded to refuse permission for the abovementioned reasons and the application be brought back to a future meeting for a decision.

Councillor Roberts left the meeting at 7.44pm.

Application for change of use from children's day nursery to a residential care home for children with education facility.

Application for change of use from children’s day nursery to a residential care home for children with education facility.

Notwithstanding the officer’s recommendation that permission be granted subject to conditions, Councillor Roberts proposed that members be minded to refuse permission. Three members stood to request that voting on the motion be recorded. In the absence of a seconder, the motion was not put.

Councillor Roberts, seconded by Councillor Bill, moved that the item be deferred to seek further information from the applicant, to discuss potential conditions regarding boundary treatments and the use of the garden and to discuss the matter with Leicestershire County Council. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – the application be deferred to a future meeting.

Councillors Williams left the meeting at 8.34pm.