Agenda item

(a)     Report No PM/6/19-20 – Development Management Applications

 

(b)     Report No PM/7/19-20 – Planning Appeals – Lodged and Determined

The Committee considered Report No PM/6/19-20/AK of the Planning Manager – Development Management together with visual presentations for each of the following applications.

 

NED/19/00389/RM

 

Submission of Reserved Matters (appearance, landscaping, layout and scale) relating to NED/17/00227/OL for the construction of 80 dwellings at land opposite the Avenue Visitor Centre, Mill Lane, Wingerworth for Bellway Homes Plc.

 

The Committee was directed to the recent late comments/update report which had been issued the afternoon prior to the meeting.

 

The agent exercised their right to attend the meeting and spoke in support of the application.

 

Members considered the application having regard to the suitability of the reserved matters in policy terms, its effect on the character of the site and the surrounding area, the amenity of neighbouring uses and highway safety issues relating to the internal road layout and car parking. 

 

RESOLVED – That application number NED/19/00389/RM be approved in accordance with officer recommendations.  The final wording of conditions delegated to the Planning Manager.

 

1       The development hereby approved shall be carried out in accordance with the details shown on drawing numbers:-

        

         o          8850-L-01-G  POS LANDSCAPE PROPOSALS

         o          8850-L-02-G  POS LANDSCAPE PROPOSALS 

         o          P19-106 200 INDICATTIVE SITE SECTION

         o          REVISED LANDSCAPE AND ECOLOGICAL MITIGATION AND  

               MANAGEMENT PLAN - revision B June 2019

         o          REVISED OPEN SPACE AND MANAGEMENT SCHEME (received by email

               03/07/19)

         o          P19-0106   FINISHED FLOOR LEVELS

         o          P19-0106.100-M PROPOSED PHASE 2 SITE LAYOUT

         o          P19-0106_200 HOUSETYPE BROCHURE

         o          SUSTAINABILITY APPRAISAL

        

         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.

 

 2      Before development starts, if a temporary access for construction purposes is required, a detailed design shall be submitted to and be approved in writing by the Local Planning Authority. The access shall be retained in accordance with the approved scheme throughout the construction period, or such other period of time as may be agreed in writing by the Local Planning Authority, free from any impediment to its designated use.

 

 3      Before development starts a drawing shall be submitted to and be approved in writing by the Local Planning Authority demonstrating a swept path analysis for the proposed estate streets based on a  large (11.6m long) refuse vehicle. The approved scheme shall be implemented in full prior to the first occupation of the dwellings hereby approved.

 

 4      Before development starts details of the residential estate roads and footways (including layout, levels, gradients and surfacing) shall be submitted to and be approved in writing by the Local Planning Authority.

 

 5      The carriageways of the proposed estate roads shall be constructed in accordance with Condition 4 above up to and including at least road base level, prior to the commencement of the erection of any dwelling intended to take access from that road. The carriageways and footways shall be constructed up to and including base course surfacing to ensure that each dwelling prior to occupation has a properly consolidated and surfaced carriageway and footway, between the dwelling and the existing highway. Until final surfacing is completed, the footway base course shall be provided in a manner to avoid any upstands to gullies, covers, kerbs or other such obstructions within or abutting the footway. The carriageways, footways and footpaths in front of each dwelling shall be completed with final surface course within twelve months (or three months in the case of a shared surface road) from the occupation of such dwelling.

 

 6      No part of the development hereby approved shall be occupied until new vehicular accesses have been formed to the new estate streets in accordance with the application drawing No P19-0106.100M and provided with visibility sightlines extending from a point 2.4m from the carriageway edge, measured along the centreline of the access, for a distance of 25m in each direction measured along the nearside carriageway edge (except for plot numbers 13 to 16, 27 to 35, 44 to 46 and 75 to 80). The land in advance of the visibility sightlines shall be retained throughout the life of the development free of any object greater than 1m in height (0.6m in the case of vegetation) relative to adjoining nearside carriageway channel level.

 

7       The garages hereby permitted /car spaces to be provided, shall be kept available for the parking of motor vehicles at all times. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and/or re-enacting that Order) the garage / car parking spaces hereby permitted shall be retained as such and shall not be used for any purpose other than the garaging of private motor vehicles associated with the residential occupation of the property without the grant of further specific planning permission from the Local Planning Authority.

 

 8      The proposed access driveways to the new estate street shall be no steeper than 1:14 for the first 5m from the nearside adoptable highway boundary and 1:10 thereafter.

 

 9      The first 5m of the proposed access driveways should not be surfaced with a loose material (i.e. unbound chippings or gravel etc.).

 

10     Any gates shall open inwards only.

 

11     No part of the development shall be occupied until details of arrangements for the storage of bins and collection of waste have been submitted to and been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the agreed details and the facilities retained for the designated purposes at all times thereafter.

 

12     Before any above ground works commence precise details of the wildlife trust compound, hereby approved, including all boundary treatments to it, precise details of the proposed storage container and a timetable for the compound's implementation shall be submitted to and be approved in writing by the Local Planning Authority.  The approved scheme shall be implemented in full in accordance with the approved details and timetable and be retained as approved thereafter.

 

13     Prior to the first occupation of any dwelling hereby approved, revised details of the proposed car parking (including garaging as necessary) to show all car parking spaces being at least 5.5 metres in length and garages being at least 6 metres by 6 metres in floor area, shall be submitted to and be approved in writing by the Local Planning Authority. The revised scheme shall then be implemented as agreed and be retained as such thereafter free from any alternative use to the parking of vehicles.

 

14     Prior to the commencement of works to any of the "Thespian" house type, hereby approved, full details of the house type, all floor plans and elevations shall be submitted to and be approved in writing by the Local Planning Authority. The Thespian house type, as shown on the approved site layout, shall then be implemented as agreed.

 

NED/19/00236/FL

 

Conversion of existing barn to create one new dwelling including change of use to residential and demolition of existing pre-fabricated steel ‘nissen’ hut at Rose Tree Farm, Oakstedge Lane, Milltown, Ashover for Mr Morgan and Miss McClymont.

 

The agent exercised their right to attend the meeting and spoke in support of the application.

 

Members considered the application having regard to the suitability of the proposal in the location in policy terms, its effect on the special landscape character of the site and the surrounding countryside, the structural integrity of the building and the extent to which it would require reconstruction, the impact upon the amenity of neighbouring residents and land uses, its ecological impact on a designated wildlife site and highway safety issues.  The Committee felt that the application should be supported, as it would result in the re-use of a redundant building through limited alteration and extension which would benefit greatly the setting of the building.

 

RESOLVED – That officer recommendations on application number NED/19/00236/FL be rejected and the application be approved with the final wording of conditions delegated to the Planning Manager.

 

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

 

2          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:

            o          A(00)-01 (Proposed Barn Floor Plans & Elevations)

            o          A(01)-01 (Existing Barn Floor Plans & Elevations)

            o          A(90)-04 (Existing Site Plan)

            o          A(90)-06 Rev A (Proposed Site Plan)

            o          A(90)-02 (Site Location Plan)

 

 3         The areas of demolition and rebuilding shall be limited to those set out in the structural survey report (reference WF645/SP) dated 18th April 2019 prepared by WF Design and follow up email from Nick Taylor dated 26th June 2019.

 

 4         Notwithstanding the submitted details, before above ground works start, 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.

 

 5         Before development starts details of the existing ground levels and proposed finished ground levels of the site, 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.

 

 6         Notwithstanding the submitted details, prior to the occupation of the dwelling hereby approved, an amended working drawing and details of the rainwater goods shall be submitted to and approved by the Local Planning Authority. The rainwater goods shall be of an appropriate traditional design and supported by traditional brackets. The work shall then be carried out and retained in accordance with the approved details.

 

 7         Before development starts on the external walls of the building, details of the mortar mix to be used shall be submitted to and approved in writing by the Local Planning Authority. The mortar to be used shall be an appropriate lime mortar mix finished slightly recessed from the stonework of the building. If necessary, a sample area of pointing/repointing shall be provided and approved prior to the commencement of any external works. The approved mortar mix shall then be used on the entire development hereby approved and retained as such for the lifetime of the development.

 

 8         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 windows, doors or roof lights shall be installed in any elevation other than those shown on the approved plans.

 

 9         Notwithstanding the provisions of Article 3(1) of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any Order revoking or re-enacting that Order) no extensions (Part 1, Class A), dormer windows (Part 1, Class B), alterations to the roof (Part 1, Class C), porches (Part 1, Class D), curtilage buildings (Part 1, Class E), hard surfaces (Part 1, Class F), chimneys/flues/soil/vent pipes (Part 1, Class G) and means of enclosure (Part 2, Class A) shall be erected/constructed without first obtaining planning permission.

 

10        Before development starts, 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 surface water drainage scheme shall look to incorporate sustainable drainage methods where possible. The approved scheme shall be implemented in full before the development is brought into use and shall be retained as such thereafter.

 

11        Prior to the occupation of conversion hereby approved, a detailed lighting strategy shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of the type of lighting, its positioning and any mitigating features such as shields, hoods, timers etc. Lighting should be avoided on the elevation where bird/bat/owl boxes are proposed. The approved lighting scheme shall then be implemented in full and retained as such thereafter for the lifetime of the development.

 

12        Before above ground works start, 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

 

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.

 

14        Before above ground works start, details of materials to be used for the formal garden area shall be submitted to and approved in writing by the Local Planning Authority. The approved formal garden area shall then be carried out in accordance with the approved details, implemented prior to the first use of the dwelling and retained as such thereafter.

 

15        Notwithstanding the submitted details, before the occupation of the dwelling hereby approved, a plan to show the exact positions, design, materials and type of boundary treatments to be erected shall be submitted to and approved in writing by the Local Planning Authority. Any boundary treatments shall be appropriate to the rural character of the area. The approved boundary treatment scheme shall be completed before the first occupation of the dwelling and shall be retained as approved for the lifetime of the development.

 

16        Prior to the occupation of the conversion hereby approved, details of either a single bat box (Beaumaris Woodstone Bat Box or Schwegler 1FR bat tube) or owl box shall be submitted to and approved by the Local Planning Authority. The submitted details shall include the exact location and type of box to be provided. Preferably the box should be installed on the north or eastern elevation facing adjacent woodland and no fixed lighting fitted on the same elevation. The approved bat or owl box shall then be implemented in accordance with the approved details prior to the first occupation of the dwelling and retained as such thereafter. Within 14 days of installation the applicant shall submit in writing to the Local Planning Authority confirmation of the bat box installed along with photographic evidence.

 

17        Before development starts, an investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

           

            (i) a survey of the extent, scale and nature of contamination;

            (ii) an assessment of the potential risks to:

            o human health,

            o property (existing or proposed) including buildings, crops, livestock, pets,

            woodland and service lines and pipes,

            o adjoining land,

            o ground waters and surface waters,

            o ecological systems,

            o archaeological sites and ancient monuments;

            (iii) an appraisal of remedial options, and proposal of the preferred option(s).

           

            This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

 

18        Where an unacceptable risk to human health and/or the environment is identified 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 must be prepared, and is subject to the approval in writing of the Local Planning Authority (LPA). The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must 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.

 

19        The dwelling hereby approved shall not be occupied until:

           

            a) The approved remediation works required by condition 18 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 17(b) to 18 above and satisfy condition 18(a) above.

 

            c) Upon completion of the remediation works required by condition 18 and 19(a) 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.

 

20        In the event that it is proposed to import soil onto site in connection with the development, the proposed soil shall be sampled at source and analysed in a laboratory that is accredited under the MCERTS Chemical testing of Soil Scheme for all parameters requested (where this is available), the results of which shall be submitted to the LPA for consideration. Only the soil approved in writing by the LPA shall be used on site.

 

21        Throughout the construction phase, space shall be provided within the site for storage of plant and materials, site accommodation, loading, unloading and manoeuvring of goods vehicles, parking and manoeuvring of employees and visitors vehicles, laid out and constructed in accordance with detailed designs first submitted to and approved in writing by the Local Planning Authority. Once implemented the facilities shall be retained free from any impediment to their designated use throughout the construction period.

 

22        Prior to the occupation of the conversion hereby approved, the existing vehicular access to the public highway shall be modified in accordance with revised drawing number A(90)-06 Rev A, and provided with visibility sightlines extending from a point 2.4 metres from the carriageway edge, measured along the centreline of the access, to the extremities of the site frontage abutting the highway in each direction. The land in advance of the visibility sightlines shall be retained throughout the life of the development free of any object greater than 1m in height relative to adjoining nearside carriageway channel level.

 

23        The dwelling hereby approved shall not be occupied until space has been laid out within the site in accordance with revised drawing number A(90)-06 Rev A for cars to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. These facilities shall thereafter be retained for use at all times.

 

24        There shall be no gates or other barriers within 5m of the nearside highway boundary and any gates shall open inwards only, unless otherwise agreed in writing by the Local Planning Authority.

 

NED/18/01265/FL

 

Conversion of two existing stable buildings to form one, four bedroom dwelling, with associated access lane, parking area and garden.  (Affecting a public right of way) at Holly House, Matlock Road, Spitewinter, Ashover for Mr Howarth.

 

The agents exercised their right to attend the meeting and spoke in support of the application.

 

Members considered the application having regard to the suitability of the proposal in the location in policy terms, its effect on the character of the site and the surrounding countryside, the amenity of neighbouring uses, its ecological impact and highway safety issues.   Members also asked for and received an explanation of the law in relation to access over common land.  They recognised that this issue would not be a legitimate planning consideration on which to base their decision.

 

RESOLVED – That application number NED/18/01265/FL be rejected in accordance with officer recommendations.  

           

NED/18/01281/FL

 

Conversion of the former public house into 5 dwellings, with associated off street parking at Gladstone Arms, Morton Road, Pilsley for Mr Buldev Ubha.

 

Two objectors exercised their right to attend the meeting and spoke against the application.

 

The agent exercised their right to attend the meeting and spoke in support of the application.

 

Members considered the application having regard to the suitability of the proposal in the location in policy terms, its effect on the character of the site and the surrounding street scene, the privacy and amenity of neighbouring residential properties and land uses along with highway safety issues.  Members felt that they would require additional information in respect of the drainage of the site and parking. They also sought additional information on how the amenity of the neighbours could be protected.

RESOLVED – That application number NED/18/01281/FL be deferred.

 

NED/19/00472/FLH

 

            With the agreement of the Chair, the Committee now considered an application proposing additional gated vehicular access at Yew Tree Cottage, Hemming Green, Old Brampton for Mr & Mrs R Woolley.

 

            The agent exercised their right to attend the meeting and spoke in support of the application.

 

            Members considered the application having regard to the impact of the proposal upon the amenity of neighbouring occupiers, impact of the proposal on the character and appearance of the site and the surrounding area, impact on the openness of the North East Derbyshire Green Belt and the potential impact of the proposal on highways safety.

 

            RESOLVED – That application number NED/19/00472/FLH be approved in accordance with officer recommendations with the final wording of conditions delegated to the Planning Manager.

 

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

 

 2         The development hereby approved shall be carried out in accordance with the details shown on the submitted drawings received 01/05/2019; 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.

           

 3         There shall be no gates or other barriers within 5m of the nearside highway edge and any gates shall open inwards only.

 

NED/19/00113/FL

 

Retention of the existing building with change of use, alterations and extension, including raising the roof and a balcony, to form 8 no flats with car parking and associated landscaping (amended plans) at Fleur de Lys Hotel, Main Road, Unstone, Dronfield for Crispfine Ltd.

 

The Committee was directed to the recent late comments/update report which had been issued the afternoon prior to the meeting.  

 

Members considered the application having regard to the impact of the proposal on the character of the area and the green belt; highway matters and residential amenity. 

 

RESOLVED – That application number NED/19/00113/FL be approved in accordance with officer recommendations with the final wording of conditions delegated to the Planning Manager, with the additional condition requiring the new third storey window on the southern elevation to be hinged from the left.

 

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

 

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

           

            J1858 02D

            J1858 03A

           

            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.

 

 3         The proposed materials shall match those of the existing building as closely as possible.

 

 4         The 1.8m privacy screen as shown on the proposed east elevation to the balcony shall be in situ prior to occupation of the associated flat and shall be retained as such thereafter.

 

 5         Throughout the construction phase, space shall be provided within the site for storage of plant and materials, site accommodation, loading, unloading and manoeuvring of goods vehicles, wheel cleaning facilities, parking and manoeuvring of employees and visitors vehicles, laid out and constructed in accordance with detailed designs first submitted to and approved in writing by the Local Planning Authority.  Once implemented the facilities shall be retained free from any impediment to their designated use throughout the construction period.

 

 6         Prior to occupation of the first dwelling the proposed vehicular accesses shall be formed to Main Road (B6057) in accordance with drawing number 02D, and provided with a 2.4m parallel visibility sightline across the entire frontage of the development controlled by the applicant fronting Main Road (B6057), the area in advance of the sightlines being kept clear, in perpetuity, of any obstructions in excess of 1m (0.6m in the case of vegetation), measured above the adjacent carriageway channel.

 

 7         Within 28 days for the new access being formed, the subject of Condition No 6 above, the existing vehicular access shall be permanently closed with a physical barrier and the existing vehicle crossovers reinstated as footway in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority

 

 8         No dwelling shall be occupied until space has been laid out within the site in accordance with drawing No 02D for 9 cars to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. These facilities shall thereafter be retained for use at all times.

 

 9         There shall be no gates or other barriers within 5 metres of the nearside highway boundary and any gates shall open inwards only, unless otherwise agreed in writing by the Local Planning Authority.

 

10        No part of the development shall be occupied until details of arrangements for storage of bins and collection of waste have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the agreed details and the facilities retained for the designated purposes at all times thereafter.

 

11        Prior to first occupation of plot 8, as shown on drawing J1858 02D, details of the second floor window in the east elevation shall be submitted to and approved in writing by the Local Planning Authority, and shall identify means of restricting its opening.  The details as approved shall be implemented and retained as such thereafter.

 

NED/19/00219/FL

 

Conversion of existing stable building to a single dwelling (Conservation Area) at land at The North West Corner of Main Road and Quarry Hill, Troway, Marsh Lane for Mrs Roper.

 

The agent, assisted by the applicant’s architect, exercised their right to attend the meeting and spoke in support of the application.

 

Members considered the key policies for this application with regard to the protection of the Green Belt, safeguarding the character of the area, highway safety, safeguarding residential amenity; and the character of the Conservation Area. 

 

RESOLVED – That application number NED/19/00219/FL be rejected in accordance with officer recommendations.

 

NED/17/00269

 

Councillor N Barker left the meeting at this point.

 

Outline application (with all matters reserved) for the variation of conditions 5 and 7 (Affordable Housing) pursuant to 14/01290/FL on land to the west side of Chesterfield Road, Holmewood for Mr S & G Gore.

 

The agent exercised their right to attend the meeting and spoke in support of the application.

 

Members considered the application having regard towhether the conditions that required 20% affordable housing in the original consent granted were reasonable in the current circumstances and whether it would be appropriate to substitute revised conditions requiring 4% affordable housing and to increase the level of education contribution.  Members expressed concern about the proposed reduction in the level of affordable housing and that the overall economic and social impacts of the development in that form would not be balanced.

 

RESOLVED – That officer recommendations on application number NED/17/00269 be rejected.