Agenda item

NED/21/00914/FL - ASHOVER

Spreading of soil on agricultural land to raise land levels at a field to the north of Grange Barn, Milken Lane, Far Hill, Ashover.


(Planning Manager – Development Management)



Councillor H Liggett re-joined the meeting.


The report to Committee explained that an application had been submitted to spread soil on agricultural land in order to raise land levels on the field to the north of Grange Barn, Milken Lane, Far Hill, Ashover.


The Application had been referred to Committee by local Ward Member, Councillor W Armitage, who had raised concerns about it.


Committee was recommended to approve the Application, subject to conditions.


The report to Committee explained why Members were asked to agree the recommendations. The Application intended to use soil from a part of the agricultural holding where there is planning permission for a residential development.  This would then be used to make the land levels at the Application site less steep, and so more usable for farming. Officers had concluded that the Application complied with the relevant Policies of the North East Derbyshire Local Plan and the National Planning Policy Framework. As such, it would be an acceptable development, which would not adversely impact on the visual amenity, character of the open countryside and Special Landscape Area.


Before Members discussed the Application those registered to speak were asked to address the Committee. M McCann spoke in objection to the Application. The Agent, D Cooney, spoke in support of it.


Committee considered the Application. It took into account the relevant Planning Issues. In particular, Committee considered national and local planning policies. It took into account the impact of the development on the character of the area and on the amenity of existing residential property occupiers. It considered possible land contamination issues and the impact on the ecology of the site.


Members discussed the concerns raised about possible land contamination. They heard that the applicant intended to spread soil from a site elsewhere on the agricultural holding, which had previously been used as farm land. Such a movement, it was explained, would normally be allowed as an Agricultural Permitted Development.  Committee noted that the Council’s Environmental Health Officer had raised no concerns about the proposed soil spreading from this site and did not object in principle to the Application.


Members heard of the pre-commencement conditions which had been imposed on the outline and reserved matters application for housing development on the site from where the soil would be taken. The conditions relating to land contamination, it was explained, required the developer to provide the Council with further information before they could proceed. This information, it was confirmed, had not yet been provided. Soil could not be taken from there to be spread on this site, until these conditions had been complied with.


Members heard about the late representation made by the Derbyshire Wildlife Trust (DWT) on the Application. DWT had reviewed the Ecology report which had been submitted and suggested that additional conditions on specific points be added. Committee was informed that these would satisfy and outstanding ecological concerns and it was suggested that appropriate conditions be now added as conditions of approval. 


Committee was also reminded that the report had explained that a condition could be imposed a ‘Walk-Over survey’ for Badgers should permission be granted.


At the conclusion of the discussion Councillor D Ruff and P Elliot moved and seconded a motion to approve the Application in line with officer recommendations, with appropriate additional conditions to be included to address the concerns raised by the DWT and to require a ‘Walk-Over’ survey for Badgers. The motion was put the vote and approved.



(1)          That planning permission be conditionally approved in accordance with officer recommendations.


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


GRANT Full Planning Permission subject to the following conditions




1             The development hereby permitted shall be begun before the expiration of three years from the date of this permission.


2             The development hereby approved shall be carried out in accordance with the plans received 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 Reasonable Avoidance Measures set out in Section 4 of the Ecological Report, prepared by Ardea Ecology LTD dated 4 October 2021 shall be adhered to and maintained prior to and during the works hereby approved.



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