Agenda and minutes

An apology for absence was received from Councillors G S Atwal and B Dave.

Councillor B Fahey substituted for Councillor B Dave.

Councillor R E R Morris declared that a family member lived in close proximity to the Cuisine of India restaurant and that he knew of and spoken to a number of objectors who are signatories to the Petition at agenda item 5 in respect of planning application number 15/000381/FUL.

Councillors L A Bentley and R F Eaton declared that they had met with a number of objectors in the recent weeks preceding the meeting in respect of planning application number 15/000381/FUL.

Councillor Mrs H E Loydall declared that there were Members present, herself included, who during their respective terms in the Office of Mayor for the Borough have had the opportunity to formally attend charity functions hosted at the Cuisine of India restaurant in respect of planning application number 15/000381/FUL.

All the aforementioned Members and Members otherwise concerned stated that their interests were non-pecuniary and they attended the meeting with a non-prejudicial and open mind.

RESOLVED THAT: 

The minutes of the previous meeting of the Committee held on 22 September 2015 be taken as read, confirmed and signed.

Two Petitions were received by the Committee objecting to planning application number 15/00381/FUL (Cuisine of India, Kelmarsh Avenue, Wigston, Leicestershire, LE18 3QW) as set out at agenda items 5a and 5b respectively (at pages 5 - 7).

No local government elector of the Borough who was a signatory thereof presented nor spoke upon the Petition at agenda item 5a.

Mr Syed Rahman, owner of the Cuisine of India restaurant, presented and spoke upon the Petition at agenda item 5b.

Mr Rahman stated that significant concerns arose from the planning proposals as outlined (at pages 16 - 28) which would adversely impact on the running of his business, notably: the confinement and limiting of space for customers in the main restaurant seating and bar areas; the loss of restaurant amenity/utility-areas and respective smoking and green-outdoor areas; the reduction in customer car parking facilities; and the potential for congregations of people forming on Kelmarsh Avenue. He warned that the planning proposals, if granted, would result in the temporary and, or, permanent closure of the restaurant and would harm the vitality and viability of the local area and businesses therein and, as such, invited Members to refuse planning permission.

The Committee gave consideration to the report and appendices (at pages 8 - 28) as delivered by the Planning Control Manager, together with the supplementary agenda update (at pages 1 - 2) as circulated at the meeting, which should be read together with these minutes as a composite document.

1.   Application No. 15/00275/FUL – 2 Bainbridge Road

The Planning Control Manager summarised the proposals as detailed in the report (at pages 9 - 15) adding that since the submission of the original application, revisions have been made to remove an element from the proposed garage extension and to reduce the roof size so to remain in-keeping with the street scene. He noted that the application was brought before this Committee due to the number of representations received as were summarised and set out in the report (at pages 10 - 11). He stated that the objections received were not material to warrant refusal of planning permission and that the application accorded with the relevant Supplementary Development and Local Plan policy documents.

Councillor Mrs H E Loydall enquired as to whether there was sufficient space for off-street parking commensurate to the size of the four-bedroom property. The Planning Control Manager stated that there was ample provision in this respect towards the front of the property as would be reasonably expected for such a residential dwelling.

Councillor G A Boulter enquired as to whether the size of the garden at the dwelling would satisfy planning and policy requirements subsequent to the erection of the proposed extension. The Planning Control Manager stated that the obtaining requirements would be satisfied.

The application was moved by Councillor J Kaufman and seconded by the Chair.

RESOLVED THAT:

The application be permitted subject to the conditions as outlined in the report (at pages 13 - 14).

Votes For                   13

Votes Against            0

Abstentions               1

2.   Application No. 15/00381/FUL – Cuisine of India

Councillor J Kaufman questioned whether it was advisable to consider the application before this meeting of the Committee in view of the Local Planning Authority’s suggestion to re-consult in respect of the newly enlarged planning application site as outlined in the supplementary agenda update (at page 1).

The Planning Control Manager summarised the above-referenced amendment in the context of recent discussions held between the Highways Authority and the Applicant. He stated these had resulted in the inclusion of 15 car parking spaces not previously part of the application site on a shared-use basis and thus due to the site’s enlargement, and in accordance with planning policy, required a further consultation of immediate neighbours. He stated that due to the nature of the amendment involving no physical works, and subject to Members’ discretion, it would be reasonable to consider the application at this meeting of the Committee and, insofar as Member’s being minded to either permit or refuse the application, to delegate authority to Planning Officers to return the application after a further consultation period subject to no further substantive revisions being received in relation to  ...  view the full minutes text for item 42.

The Committee gave consideration to the supplementary agenda update (at pages 1 - 2) as circulated at the meeting, which should be read together with these minutes as a composite document.