Agenda item

NED/22/00885/RM - STRETTON

Section 73 Approved Plan Application to vary condition 1 (Approved Plans) of planning approval 17/00768/RM to vary the scale and appearance details (Major Development). 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 17/00768/RM to change the scale and appearance details at land to the east of Prospect House, Highstairs Lane. This was the same site and development covered by the previous Application on the Agenda (NED/22/00884/RM). 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, which allow for minor amendments to approved plans. Members were reminded that the site had planning permission for 28 dwellings. The proposed changes to the approved scale and appearance details of the development would be required because a new company had now taken over the development of the site and had different housing types to the previous company.  Officers felt that the changes would be acceptable, that they would conform with relevant national and local planning policies and so 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 the Application.


Committee considered the Application. It took into account the Principle of Development and the work on the site. It considered the overall size and scale of the properties and how these compared to those originally approved. It took into account the relevant Local Plan Policies and the National Planning Policy Framework.


Members discussed the Application. They considered the new designs for properties and how they compared and contrasted to the original designs, as well as the size and scale of what was now proposed. Members heard how these dwellings would be in keeping with the character and appearance of the surrounding street scene. They also considered the possible impact of the proposed changes on neighbouring properties and the conditions that would be required to protect their privacy and amenity.


At the conclusion of the discussion Councillor D Ruff and Councillor A Powell moved and seconded a motion to approve the Application, subject to conditions


The Motion was put to the vote and was agreed. 




(1)  That the Application is 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 permitted shall be carried out in accordance with the following approved plans insofar as they relate to scale and appearance:


·         Site Location Plan: 2016-458 005A

·         Site Survey as Existing: 2016 - 458 006A;

·         STRET 002 - House Type Bamburgh

·         STRET 003 – House Type Bamburgh (V4)

·         STRET 004 - House Type Barnard

·         STRET 005 – House Type Balmoral

·         STRET 006 - House Type Canterbury

·         STRET 007 - House Type Durham

·         STRET 008 – House Type Winchester

·         STRET 009 – House Type Hampton

·         STRET 010 - House Type Richmond

·         STRET 011 Rev A – House Type Warwick

·         STRET 012 – House Type Waterford

·         STRET 013 – House Type Garages


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


2)    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 first floor rear facing windows, dormers in the roof or Juliet balconies shall be inserted into the rear elevation of plot 7, save for the windows shown on the approved drawing which shall have obscure glazing installed in order to provide a level of obscurity at least equivalent to levels 3, 4, or 5 on the Pilkington Glass scale and the glazing shall be retained as such thereafter.


[Reason: To ensure that the privacy and amenity of residents at Prospect House is respected, all in accordance with policy SDC12 of the North East Derbyshire Local Plan.]


3)    Notwithstanding the submitted details, before work commences above Damp Proof Course (DPC) precise specifications or samples of the walling and roofing materials to be used shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.


[Reason: In the interest of the character and appearance of the site and the surrounding street scene, all in accordance with policies SS9 and SDC12 of the North East Derbyshire Local Plan.]

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