Agenda item

NED/22/00884/RM - STRETTON

Section 73 Approved Plans Application to vary condition 1 (Approved Plans) of planning approval 18/00812/RM to vary the layout and landscaping details (Major Development) at land to the East of Prospect House, Highstairs Lane, Stretton


(Planning Manager – Development Management)



The report to Committee explained that an Application had been submitted to vary Condition 1 (Approved Plans) of Planning Approval 18/00812/RM in order to vary the layout and landscaping details of a major development at land to the east of ‘Prospect House’, Highstairs Lane, Stretton.  The Application had been referred to Committee by Local Ward Member, Councillor A Cooper, who had raised concerns about it.


Planning Committee was recommended to approve the Application, subject to conditions. The report to Committee explained the reasons for this.


Officers had concluded that it would be appropriate to deal with the variation through a ‘Section 73 Application’ under the Town and Country Planning Act 1990, to make minor amendments to already approved plans. Members were reminded that the site had planning permission for 28 dwellings. The proposed minor changes to the landscaping and layout details were necessary because a new company had now taken over the development of the site and had different house types to those of the previous company, which would require a different layout and landscaping on the site. Officers felt that the variations would be acceptable, the proposed changes would conform to the relevant Development Plan and National Planning Policies. They concluded that the Application should be approved.


Before the Committee discussed the Application it heard from L Harries, who objected to the Application and J Millhouse, the Agent for Application.


Committee considered the Application. It took into account the Principle of Development, the work on the site that was now underway and the landscaping changes which had been made. It considered the revised designs and how they compared with those originally agreed. It took into account the officer assessment of the proposed changes and in particular what impact they would have on those trees covered by the Root Protection Area at the boundary of the site. They heard the reasons why this area had been re-calculated. They discussed the protective fencing to be installed and the additional measures requested by Derbyshire Wildlife Trust.


At the conclusion of the discussion Councillor D Ruff and A Powell moved and seconded a Motion to agree the Application, in accordance with officer recommendations. The Motion was put to the vote and was agreed.




(1)  That Application NED/22/00885/RM be conditionally approved, in line with officer recommendations.


(2)  That the final wording of the conditions  be delegated to the Planning Manager (Development Management).




1)    The development hereby approved shall be carried out in accordance with the details shown on the following drawings unless otherwise subsequently agreed through a formal submission under the Non Material Amendment procedures and unless otherwise required by any condition contained in this decision notice:


·       STRET – 001 - proposed site plan; date scanned 14.10.22

·       2016-458 005 rev A - Site location plan

·       2016-458 045 rev E - Hedge Translocation

·       2016-458 014 rev G - Refuse Collection Scheme

·       GL0779 - Hedge translocation Method Statement rev A

·       GL0779 - Landscape Management Plan rev D

·      GL0779 03 - Soft Landscaping proposals; date scanned 06.09.22 [Officer note: this plan will be updated once amended details are submitted]

·       Highstairs Lane, Stretton - Mitigation Measures rev 1

·       JH_TPP1/1 (Protective Fencing Plan); date scanned 05.12.22

·       Scheme for mitigating climate change


[Reason: For clarity and the avoidance of doubt.]


2)    Within 14 days of this decision, the revised Root Protection Area (RPA) labelled “October 2022 Fenceline” on drawing JH_TPP1/1 (Proposed Layout; Protective Fencing Plan) shall be protected with fencing, as identified in Figure 1 of the Arboricultural Survey Report & Method Statement, prepared by John Booth dated February 2019. The approved RPA fencing shall be retained in position until all building works along the western boundary of the site have been completed. The area within the fenced/protected area shall not be used for storage or the parking of machinery or vehicles and the ground levels shall not be altered.


[Reason: In the interest of protecting existing trees in accordance with policy SDC2 of the North East Derbyshire Local Plan.]


3)   Notwithstanding the provisions of Article 3(1) of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any Order revoking and re-enacting that Order) no extensions (Part 1, Class A), curtilage buildings (Part 1, Class E), hard surfaces (Part 1, Class F) and means of enclosure (Part 2, Class A) shall be erected at Plots 1-7 hereby approved without first obtaining planning permission.


[Reason: To offer protection to the trees covered by NEDDC TPO 266, in accordance with policy SDC2 of the North East Derbyshire Local Plan.]


4)   Within 14 days of the approved grouting works being completed within the agree Root Protection Area (RPA) as identified on drawing JH_TPP1/1 (Proposed Layout; Protective Fencing Plan), a scheme of soil amelioration within the RPA shall be submitted to and approved in writing by the Local Planning Authority. The scheme of soil amelioration could include air spade attendance to reduce soil bulk density or similar mitigation works. The agreed scheme of soil amelioration within the RPA shall be implemented in full prior to the 31st March 2023.


[Reason: To mitigate soil compaction and to protect the health and wellbeing of the trees covered by NEDDC TPO 266, in accordance with policy SDC2 of the North East Derbyshire Local Plan.] 

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