Agenda item
NED/24/00253/FL - ASHOVER
Erection of a self-build dwelling plus associated hard and soft landscaping (Amended Details) at Fall Hill Quarry, Ashover.
(Planning Manager – Development Management)
Minutes:
The Committee considered an application that had been submitted for the erection of a self-build dwelling plus associated hard and soft landscaping at Fall Hill Quarry, Ashover. The application had been referred to Committee by Councillor H Wetherall who had raised concerns about the proposal being located outside the settlement development limit and that guest accommodation would be used as regular holiday accommodation.
The recommendation by officers was to grant permission, subject to conditions and a legal agreement. The report to Committee explained the reasons for this.
Officers accepted that the proposal was contrary to the Local Plan and Ashover Neighbourhood Plan, in that it was an isolated dwelling in the countryside. However, officers, along with an independent design review, contended that the overall design of the scheme represented exceptional design. Therefore, it had the support of National Planning Policy Framework (NPPF). Further to this, the report suggested that the proposal would be sensitive to the defining characteristics of the former quarry setting and the local area.
The report informed Members that the proposal lay within a Site of Special Scientific Interest (SSSI). In this context, it was suggested that the design of the scheme would increase the quantity and quality of biodiversity and geodiversity on site. As such officers attributed weight in favour of the scheme as they considered it would protect the natural environment, including the SSSI.
Officers had concluded that the National Planning Policy Framework (NPPF) supported exceptional design such as this. They recommended, therefore, that the application be approved subject to conditions and legal agreement.
Before the Committee considered the application it heard from Local Ward Member, Councillor H Wetherall. It also heard from the applicant, P Kennedy, and the agent, M Gordon
Committee considered the application. It took into account the history of the site and how safe the land was currently. It considered the relevant Local and National Planning Policies. These included (and were not limited to) Local Plan policy SS9 concerning development in the countryside, Local Plan policy SDC4 concerning biodiversity and geodiversity, relevant policies within the Ashover Neighbourhood Plan and NPPF Paragraph 84 concerning the mitigating circumstances for isolated development.
Members discussed the application. Some Members had reservations over the visitors that the site would get. However, it was felt that reassurances from the applicant and conditions were suitable to address this. Committee debated the extent to which the proposal would enhance its immediate setting. Some members reflected that the site was currently rundown and trespassed upon and, therefore, supported the proposals aims to develop the site. Additionally, the biodiversity and geodiversity gains were regarded as enhancing to the setting of the site. In this context, there was support for the application as a means of protecting the future of the SSSI.
At the conclusion of the discussion Councillor D Hancock and Councillor P Elliot moved and seconded a Motion to approve the application. The motion was put to a vote and agreed.
RESOLVED -
That the application be approved, in line with officer recommendations.
That the final wording of the conditions and legal agreement be delegated to the Planning Manager (Development Management).
Conditions
General 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 following submitted plans;
· 08752-FPCR-XX-XX-DR-A-0001 P03 (Location Plan)
· 08752-FPCR-XX-XX-DR-A-0002 P06 (Proposed Ground Floor Plan)
· 08752-FPCR-XX-XX-DR-A-0003 P04 (Proposed First Floor Plan)
· 08752-FPCR-XX-XX-DR-A-0004 P04 (Proposed Roof Plan)
· 08752-FPCR-XX-XX-DR-A-0005 P05 (Site Section Elevation AA & BB)
· 08752-FPCR-XX-XX-DR-A-0006 P05 (Site Section Elevation CC & DD)
· 08752-FPCR-XX-XX-DR-A-0007 P05 (Site Section Elevation EE & FF)
· 08752-FPCR-XX-XX-DR-A-0008 P03 (Site Section ZZ)
· 08752-FPCR-XX-XX-DR-A-0050 P03 (Fire Strategy – Ground Floor Plan)
· 08752-FPCR-XX-XX-DR-A-0051 P03 (Fire Strategy – First Floor Plan)
· 8752-L-01 REV C (Landscape Plan – Brown Roof)
· 8752-L-02 REV C (Landscape Plan – Roof Garden)
· 8752-L-03 REV C (Landscape Plan – Ground Level)
unless otherwise specifically agreed in writing by the Local Planning Authority or otherwise required by any other condition in this decision notice.
[Reason: For clarity and the avoidance of doubt.]
Limitations of Use
3) 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 guest annexes hereby approved shall be used for the purpose of self-contained educational (geological/architectural) accommodation, holiday accommodation and/or for ancillary accommodation to the dwelling hereby approved only.
The property shall not be occupied by any persons for a total period exceeding 28 days in any calendar year and the owner 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 kept for inspection by the Local Planning Authority.
The accommodation shall not be sold off, sub-let or used as a separate unit of accommodation from the dwelling hereby approved.
[Reason:The creation of an independent unit of accommodation in this location is contrary to the provisions of the Development Plan and would lead to unacceptable impacts on neighbouring properties.]
Construction
4) Notwithstanding the submitted details, before above groundwork commencesprecise specifications (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.
[Reason: In the interest of the character and appearance of the site and the surrounding countryside setting.]
5) Notwithstanding the submitted details, before development commences details of the existing ground levels, proposed finished floor levels of the dwelling and associated structures, and the proposed finished ground levels of the site, relative to a datum point which is to remain undisturbed during the development, 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 and the levels shall be retained as such thereafter.
[Reason: In the interest of the character and appearance of the site and the surrounding countryside setting.]
6) The proposed dwelling hereby approved shall be constructed to a Passivhaus Plus standard, all in accordance with the approved Design and Access Statement and Ecospheric Sustainability Report. Prior to the occupation of the dwelling a Passivhaus Plus certification, prepared by a suitably qualified professional, shall be submitted to the Local Planning Authority.
[Reason: In the interest of exceptional design that is truly outstanding, reflecting the highest standards in architecture helping to raise standards of design in North East Derbyshire and to ensure the proposal would significantly enhance its immediate former quarry setting, and be sensitive to the defining characteristics of the local area. All in accordance with Para 84 of the NPPF.]
7) Notwithstanding the submitted details, before above groundwork commences, a plan to show the positions, design, materials, height and type of boundary treatment to be erected, along with a timetable for its implementation, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall then be completed as agreed and then retained as such thereafter.
[Reason: In the interest of the character and appearance of the site and the surrounding countryside setting.]
Landscaping
8) Notwithstanding the submitted details, before above groundwork commences, the following shall be submitted to and approved in writing by the Local Planning Authority:
a) a scheme of 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 countryside setting.]
9) 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 countryside setting.]
Sustainability
10) Notwithstanding the submitted details, before above groundwork commences, a scheme for mitigating climate change through sustainable design, including (but not limited to) the provision of sources of renewable energy, EV charging points, etc. including a timetable for its implementation, shall be submitted to and be approved in writing by the Local Planning Authority. Thereafter the approved climate change scheme shall be implemented in full as agreed and be retained as such thereafter.
Highways
11) The Development hereby approved shall not be occupied until the access, parking and turning facilities have been provided as shown on Proposed Ground Floor Plan drawing no. 08752-FPCR-XX-XX-DR-A-0002 Revision P06
[Reason: In the interests of highway safety.]
12) The Prior to commencement of the development hereby permitted details of a construction management plan shall be submitted to and approved in writing by the Local Planning Authority. The approved plan shall be adhered to throughout the demolition/construction period. The plan/statement shall include but not be restricted to:
· Parking of vehicle of site operatives and visitors (including measures taken to ensure satisfactory access and movement for existing occupiers of neighbouring properties during construction);
· Advisory routes for construction traffic;
· Any temporary access to the site;
· Locations for loading/unloading and storage of plant, waste and construction materials;
· Method of preventing mud and dust being carried onto the highway;
· Arrangements for turning vehicles;
· Arrangements to receive abnormal loads or unusually large vehicles;
· Methods of communicating the Construction Management Plan to staff, visitors and neighbouring residents and businesses.
[Reason: In the interests of safe operation of the adopted highway in the lead into development both during the demolition and construction phase of the development.]
13) The development hereby approved shall not be occupied until visibility splays are provided from a point 0.6m above carriageway level at the centre of the access to the application site and 2.4m back from the near side edge of the adjoining carriageway, (measured perpendicularly), for a distance of 80m in each direction measured along the nearside edge of the adjoining carriageway and offset a distance of 1.0m from the edge of the carriageway. These splays shall thereafter be permanently kept free of all obstructions to visibility over 0.6m in height above carriageway level.
[Reason: In the interest of highway safety.]
14) The development hereby permitted shall not be occupied until such time as the access drive (and any turning space) has been surfaced with tarmacadam, or similar hard bound material (not loose aggregate) for a distance of at least 5m behind the highway boundary and, once provided, shall be so maintained in perpetuity.
[Reason: To reduce the possibility of deleterious material being deposited in the highway (loose stones etc.) in the interests of highway safety and in accordance with the National Planning Policy Framework (2023)]
Land Contamination
15) Prior to development commencing a Phase I contaminated land assessment (desk-study) shall be undertaken and approved in writing by the local planning authority.
b. The contaminated land assessment shall include a desk-study with details of the history of the site use including:
· the likely presence of potentially hazardous materials and substances,
· their likely nature, extent and scale,
· whether or not they originated from the site,
· a conceptual model of pollutant-receptor linkages,
· an assessment of the potential risks to human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, ground waters and surface waters, ecological systems, archaeological sites and ancient monuments,
· details of a site investigation strategy (if potential contamination is identified) to effectively characterise the site based on the relevant information discovered by the desk study and justification for the use or not of appropriate guidance. The site investigation strategy shall, where necessary, include relevant soil, ground gas, surface and groundwater sampling/monitoring as identified by the desk-study strategy.
The site investigation shall be carried out by a competent person in accordance with the current U.K. requirements for sampling and analysis. A report of the site investigation shall be submitted to the local planning authority for approval.
[Reason: To protect future occupiers of the development, buildings, structures/services, ecosystems and controlled waters,
including deep and shallow ground water.]
16) Before the commencement of the development hereby approved:
Where the site investigation identifies unacceptable levels of contamination, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment shall be submitted to and approved in writing by the local planning authority. The submitted scheme shall have regard to relevant current guidance. The approved scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria and site management procedures. The scheme shall ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.
The developer shall give at least 14 days notice to the Local Planning Authority (Environmental Health Division) prior to commencing works in connection with the remediation scheme.
[Reason: To protect future occupiers of the development, buildings, structures/services, ecosystems and controlled waters,
including deep and shallow ground water.]
17) The dwelling hereby approved shall not be occupied until:
a. The approved remediation works required by condition (15)2 above have been carried out in full in compliance with the approved methodology and best practice.
b. If during the construction and/or demolition works associated with the development hereby approved any suspected areas of contamination are discovered, which have not previously been identified, then all works shall be suspended until the nature and extent of the contamination is assessed and a report submitted and approved in writing by the local planning authority and the local planning authority shall be notified as soon as is reasonably practicable of the discovery of any suspected areas of contamination. The suspect material shall be re-evaluated through the process described in condition (15)1b to (16)2 above and satisfy condition (16)3a above.
c. Upon completion of the remediation works required by condition (15)2 and (16)3a above a validation report prepared by a competent person shall be submitted to and approved in writing by the local planning authority. The validation report shall include details of the remediation works and Quality Assurance/Quality Control results to show that the works have been carried out in full and in accordance with the approved methodology. Details of any validation sampling and analysis to show the site has achieved the approved remediation standard, together with the necessary waste management documentation shall be included.
[Reason: To protect future occupiers of the development, buildings, structures/services, ecosystems and controlled waters,
including deep and shallow ground water.]
Natural England
18)Prior to the occupation of the dwelling hereby approved, the details of interpretation/information boards shall be submitted to and approved by the Local Planning Authority. The details to be submitted shall include the overall design, number, position and timetable for implementation of the boards. The approved boards shall then be implemented in full in accordance with the approved timetable and retained for the lifetime of the development.
[Reason: In order to mitigate the impacts of the proposed development and to prevent damage or destruction to Fall Hill Quarry which is a designated SSSI.]
[Reason: In order to mitigate the impacts of the proposed development and to prevent damage or destruction to Fall Hill Quarry which is a designated SSSI.]
20)Before development starts, a scheme for the provision of surface water drainage works, including details of any balancing and off-site 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 retained as such thereafter.
[Reason:In the interests of the satisfactory drainage of the site.]
21) Before development starts, a scheme for the provision of foul 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 the satisfactory drainage of the site.]
Dark Skies & Bats
22) Before above groundwork commences, a detailed external lighting strategy, including a timetable for its implementation, shall be submitted to and be approved in writing by the Local Planning Authority. This should provide details of the chosen luminaires, their locations and any mitigating features such as dimmers, PIR sensors and timers. Dependent on the scale of proposed lighting, a lux contour plan may be required to demonstrate acceptable levels of lightspill to any sensitive ecological zones/features. Guidelines can be found in Guidance Note 08/23 - Bats and Artificial Lighting at Night (BCT and ILP, 2023). The approved measures shall then be implemented in full and no other external lighting shall be installed, erected or placed on the site.
[Reason:In the interests of protecting the natural environment and to protect nocturnal mammals.]
Ecology
23) A site wide Landscape and Ecological Management Plan (LEMP), including a timetable for its implementation, shall be submitted to, and be approved in writing by, the Local Planning Authority prior to the commencement of the development, hereby approved. The aim of the LEMP is to enhance and sympathetically manage the biodiversity value of onsite habitats, in accordance with the proposals set out in the submitted Ecological Technical Note – Priority Habitat Enhancements (FPCR, October 2024) and Biodiversity Metric update (date scanned 18/10/24) to achieve no less than a +2.56% net gain in habitat units. The LEMP should combine both the ecology and landscape disciplines and shall be suitable to provide to the management body responsible for the site. It shall include the following:-
a) Description and location of features to be retained, created, enhanced and managed, as per the approved biodiversity metric. This shall also include habitats included within the curtilage such as green roof, ponds, etc
b) Aims and objectives of management, in line with desired habitat conditions detailed in the metric.
c) Appropriate management methods and practices to achieve aims and objectives.
d) Prescriptions for management actions.
e) Preparation of a work schedule (including a 30-year work plan capable of being rolled forward in perpetuity).
f) Details of the body or organisation responsible for implementation of the plan.
g) A monitoring schedule to assess the success of the habitat creation and enhancement measures at intervals of 1, 2, 3, 4, 5, 10, 15, 20 and 30 years which shall include the submission of a short statement to be submitted to the LPA at each interval confirming that monitoring of the habitats has taken place be a qualified ecologist.
h) A set of remedial measures to be applied if conservation aims and objectives of the plan are not being met.
i) Detailed habitat enhancements for wildlife.
j) Requirement for a statement of compliance upon completion of planting and enhancement works.
The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The agreed LEMP shall then be implemented in accordance with the approved details and then be retained as such thereafter.
[Reason:In the interests of protecting the natural environment and ensure a measurable biodiversity gain.]
24) Before development commences, a plan shall be submitted in writing to the Local Planning Authority defining the extent of domestic curtilage associated with the dwelling hereby approved. The extent of domestic curtilage shall be restricted tightly around the dwelling and associated garden/hardstanding area Thereafter the approved domestic curtilage shall be restricted solely to the area outlined in red on the approved plan.
[Reason: In the interests of protecting the natural environment and to prevent an inappropriate urban intrusion.]
Supporting documents:
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