Agenda item

Change of use of land for glamping site (Affecting setting of a Listed Building) (Private Drainage System) (Additional Plans)at land to the south west of Holmgate Community Centre, Mill Lane, Holmgate, Clay Cross.

 

(Planning Manager – Development Management)

 

The report to Committee explained that an Application had been submitted for the change of use of land to the south-west of Holmgate Community Centre, Mill Lane, Holmgate, Clay Cross, for use as a ‘Glamping’ site. The Application had been referred to Committee by Councillor C Cupit, 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 contended that the proposed Glamping Site would be an appropriate Tourism development for the location. Because of the siting, scale, design and proposed use of materials they had concluded that the Development would be respectful to the landscape character of the surrounding countryside area They also concluded that it would not significantly harm the setting of the nearby Grade II listed buildings.  

 

Although a range of issues had been identified, including noise nuisance, screening, fire risks and light pollution, these could be addressed by imposing appropriate conditions. Officers felt that there were no matters to outweigh the predominance of the Local Plan in determining the Application. On that basis they recommended that the Application should be approved, subject to the conditions set out in the report.  

 

Before the Committee considered the Application it heard from T Watson and A Thomas, who spoke against the Application. It also heard from L Hoggard and A Holmes, the Applicants, who spoke in support of it.

 

Committee considered the Application. It took into account the site’s location outside of the Settlement Development Limits for Clay Cross in the countryside. It considered the relevant local and national Planning policies. These included Local Plan Policy SS9, on appropriate developments to increase visitor accommodation in the countryside, Local Plan Policy WC5, on visitor and tourism development in the countryside and Local Plan Policy SDC3, requiring developments not to cause significant harm to the character of the landscape.

 

Members discussed the Application. They reflected on what impact the proposed Development would have on the landscape character and on the surrounding area and highways. They also considered the potential economic benefits of the development, by providing new tourist accommodation in the area, while still enabling pastoral farming to take place on the site.

 

Some Members were concerned that the Glamping Site would operate all year round and that this would have an adverse impact on neighbouring properties. In this context, Committee was informed the proposed new and revised conditions had been agreed by the Applicant, specifying when the Site would be used and to address other issues which had been raised. These new and revised conditions had been included in the Late Representations report at Item 10 on the Agenda.

 

At the conclusion of the discussion Councillor S Fawcett and T Lacey moved and seconded a Motion to approve the Application. The Motion was put to the vote and was agreed.

 

RESOLVED -

 

That the Application be conditionally approved, in line with officer recommendations, as set out in the report and encompassing the revised conditions set out in Late Representations Report to Committee.

 

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

 

            Conditions

 

1)     The development hereby permitted shall be started within 3 years from the date of this permission.

[Reason: To comply with the provision of Section 91 (as amended) of the Town and Country Planning Act 1990.]

 

2)     The development hereby approved shall be carried out in accordance with the submitted plans:

 

·         LOCATION PLAN Drawing No. 221010-01-01; Published 19th January 2023

·         PROPOSED LAYOUT PLAN Drawing No. 221010-01-03; Published 19th January 2023

·         ADDITIONAL PARKING PLAN Drawing No. N/A; Published 16^th June 2023

·         VISABILITY SPLAY Drawing No. N/A; Published 13th June 2023

·         GRILL CABIN 16.5 + 16.5 FACADE (A3) Drawing No. N/A; Published 11th January 2023

·         SHOWER CABIN PLAN AND ELEVATIONS Drawing No. N/A; Published 24th January 2023

·         GRILL CABIN FLOOR PLAN Drawing No. N/A; Published 24th January 2023

·         RECEPTION PLAN AND ELEVATIONS Drawing No. N/A; Published 24th January 2023

·         PEAKY GRANDE AND DUO FLOORPLANS WITH DECKING Drawing No. N/A; Published 24th January 2023

·         PEAKY DUO ELEVATION Drawing No. N/A; Published 24th January 2023

·         PEAKY GRANDE ELEVATIONS Drawing No. N/A; Published 24th January 2023

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.

 

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

 

Highways

3)     No part of the development hereby permitted shall be occupied until such time as the access arrangements have been provided in accordance with the submitted drawing dated 16/06/2023 and titled ADDITIONAL PARKING PLAN on the Planning Portal has been implemented in full.

 

[Reason: To ensure that vehicles entering and leaving the site may pass each other clear of the highway, in a slow and controlled manner, in the interests of general highway safety and in accordance with the National Planning Policy Framework (2021).]

 

4)     No part of the development hereby permitted shall be occupied until such time as vehicular visibility splays of 2.4 metres by 45 metres have been provided at the site access. These shall thereafter be permanently maintained with nothing within those greater than 1m in height (0.6m in the case of vegetation) relative to the adjoining nearside carriageway channel level.

 

[Reason: To afford adequate visibility at the access to cater for the expected volume of traffic joining the existing highway network, in the interests of general highway safety, and in accordance with the National Planning Policy Framework (2021).]

 

5)     Notwithstanding the provisions of Part 2 of Schedule 2, Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) no gates, barriers, bollards, chains or other such obstructions shall be erected to the vehicular access.

 

[Reason: To enable a vehicle to stand clear of the highway in order to protect the free and safe passage of traffic including pedestrians in the public highway in accordance with the National Planning Policy Framework (2021).]

 

6)     The development hereby permitted shall not come in to use until such time as the parking and turning facilities have been provided, hard surfaced and demarcated in accordance with the submitted drawing dated 16/06/2023 and titled ADDITIONAL PARKING PLAN on the Planning Portal. Thereafter the onsite parking provision shall be so maintained in perpetuity.

 

[Reason: To ensure that adequate off-street parking provision is made to reduce the possibility of the proposed development leading to on-street parking problems locally and in the interests of highway safety and in accordance with the National Planning Policy Framework (2021).]

 

Environmental Health

7)     Other than within the approved Grill Cabin building hereby approved, there shall be no external fires or BBQ’s anywhere else within the application site at any time.

 

[Reason: In the interest of the amenity of nearby residential occupiers, neighbouring land uses and air quality of the area.]

 

8)     Before development commences, a Noise Management Scheme shall be submitted to and approved by the Local Planning Authority. The scheme shall include and not be limited to requiring a manager to be on site at all times and there being a no noise policy from 22:00 and 08:00. The approved Noise Management Scheme shall then be implemented in full and adhered to throughout the lifetime of the development.

 

[Reason: In the interest of the amenity of nearby residential occupiers and neighbouring land uses.]

 

9)     Revised Condition 9

Before development commences, a scheme for the provision of foul and surface water drainage works shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full before the development is brought into use and shall be maintained as such thereafter. 

 

[Reason: In the interests of satisfactory drainage and to protect ground water and surface water from pollution.]

 

Cycle Storage

10)  Before development commences, a scheme of cycle storage shall be submitted to and approved in writing by the Local Planning Authority.  The approved cycle storage facility shall be implemented in full prior to the first use of the site and retained free from any impediment for the lifetime of the development.

 

[Reason: In the interest of the character and appearance of the site and the surrounding landscape setting, and to ensure adequate cycle storage facilities are available.]

 

Refuse/Recycling Details

11)  Before development commences, details of the proposed refuse/recycling storage area shall be submitted to and approved in writing by the Local Planning Authority.  The approved refuse/recycling storage area shall be implemented in full prior to the first use of the site and retained free from any impediment for the lifetime of the development.

 

[Reason: In the interest of the character and appearance of the site and the surrounding landscape setting.]

 

Ecology and Landscaping

12)  Before development commences, the following shall be submitted to and approved in writing by the Local Planning Authority:

 

a)    a scheme of native, species rich, landscaping, which shall include indications of all existing trees and hedgerows on the land,

b)    the details of any trees and hedgerows to be retained, together with measures for their protection during development,

c)    a schedule of proposed plant species, size and density and planting locations and

d)    an implementation programme.

 

[Reason: In the interest of the character and appearance of the site and the surrounding landscape setting.]

 

13)  All planting, seeding or turfing in the approved scheme of landscaping shall be carried out in the first planting and seeding season following the occupation of the buildings or the completion of the development, whichever is the sooner. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

 

[Reason: In the interest of the character and appearance of the site and the surrounding landscape setting.]

 

14)  Before development commences, a Biodiversity Enhancement Plan shall be submitted to and approved in writing by the Local Planning Authority. the details shall include, and not be limited to, bird and bat mitigation, insect bricks, ecologically beneficial landscaping, etc. The approved Biodiversity Enhancement Plan shall be implemented in full prior to the first use of the site and all features retained as approved for the lifetime of the development.

 

[Reason: In the interests of the protection and enhancement of biodiversity in accordance with policy SDC4 of the North East Derbyshire Local Plan.]

 

15)  Notwithstanding the submitted details, prior to the first use of the development hereby approved, a scheme of external lighting shall be submitted to and approved in writing by the Local Planning Authority. the approved lighting scheme shall be implemented in full and retained as such for the lifetime of the development. No additional external lighting over and above those details agreed by this condition shall be installed on site without the prior approval of the Local Planning Authority.

 

[Reason: In the interest of the character and appearance of the surrounding countryside setting and to protect nocturnal mammals.]

 

Informative Notes

 

a)    DISCON

b)    NMA

Highways

c)    The Local Highway Authority has no objection to the above subject to the applicant obtaining a section 184 license. Applicant is required to obtain the permission of Derbyshire Highways details can be found at www.derbyshire.gov.uk/transport-roads/roads-traffic/licences-enforcements/vehicular-access/vehicle-accesses-crossovers-and-dropped-kerbs.aspx or email highways.hub@derbyshire.gov.uk before commencing any works on the highway.

Environment Agency

 

The applicant/occupants should phone Floodline on 0345 988 1188 to register for a flood warning, or visit https://www.gov.uk/sign-up-for-flood-warnings. It’s a free service that provides warnings of flooding from rivers, the sea and groundwater, direct by telephone, email or text message. Anyone can sign up. Flood warnings can give people valuable time to prepare for flooding – time that allows them to move themselves, their families and precious items to safety. Flood warnings can also save lives and enable the emergency services to prepare and help communities. For practical advice on preparing for a flood, visit https://www.gov.uk/prepare-for-flooding. To get help during a flood, visit https://www.gov.uk/help-during-flood. For advice on what do after a flood, visit https://www.gov.uk/after-flood

 

New Condition 16

Notwithstanding the submitted details, before above ground work commences, precise specification (including the manufacturer, range and colour details where applicable) or samples of the walling and roofing materials to be used, shall be made available on site for inspection, and subsequent written approval, by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

 

New Condition 17

No touring caravan shall occupy any of the 6 touring caravan pitches that form part of the development hereby approved for a period longer than 28 days in a calendar year, no more than 14 of which shall be consecutive. Touring caravans shall be capable of being towed onto the site by car and no static caravans shall be stationed on the application site at any time and the use shall not take place between 1^st November and 31^st March inclusive in any year, and no caravans shall remain on the site during that period.

The site owner/operator shall maintain a register of all of the occupiers of each of the touring caravan pitches and make the register available for inspection in accordance with a written timescale provided by the Local Planning Authority. The register shall include details of names, home addresses and length of stay.

New Condition 18

Notwithstanding the provisions of Part C, Class C3 “Dwelling House” to the Schedule of the Town and Country Planning (Use Classes) Order 1987, (or any Order revoking or re-enacting that Order), the glamping lodges/pods hereby approved shall be used for the purpose of holiday accommodation only and for no other purpose, including any other purpose within Class C3 of the Order.

The lodges/pods shall not be occupied by any persons for a total period exceeding 28 days in any calendar year, no more than 14 of which shall be consecutive.

The owner of the site shall maintain a register of occupiers for each calendar year including names, addresses and length of stay, and a copy of the register shall be made available to the Local Planning Authority on request.