Agenda item

Application to regularise the construction of 2 private ponds (amended title), at land to the South East of Siberia Cottages, Sydnope Hill, Darley Moor

(Planning Manager – Development Management)

The report to Committee explained that an Application had been submitted to regularise the construction of 2 private ponds (Amended Title) on land to the south-east of Siberia Cottages, Sydnope Hill, Darley Moor. The Application had been submitted by local Ward Member, Councillor W Armitage, who had raised concerns about it.

Committee was recommended to approve the Application, subject to the conditions set out in the report.

The report to Committee explained why Members were asked to agree the recommendations. Committee heard that the dimensions and shape of the previously approved ponds had been changed. Officers felt that this would not cause significant harm to the character, quality or distinctiveness of the landscape. The construction of the ponds had resulted in a net gain in habitat and biodiversity, when compared to the former arable field.

Before Members considered the Application those registered to speak were asked to address the Committee. The Applicant, P Kelly, the Agent, J Church and the Ecology Consultant to the Agent, S Brain, all spoke in support of the Application.

Committee considered the Application. It took into account the Planning Issues. In particular, it considered the Principle of Development on the site and how this had been established when the original planning permission had been granted. It took into account the changes in size and configuration of the two ponds. It considered Local Plan policies and the scope for new developments in a countryside setting.

Members discussed the application. They discussed the use of the pond for private fishing. They heard about the bio diversity which had been achieved through the ponds. Members considered the location of the ponds and the distance from neighbouring properties. They heard about the tree planting and other landscaping work at the site. Committee also discussed the use of the ponds for private fishing by a disabled family member and his friends. Members also considered the concerns which had been raised by the resident of a neighbouring property and what impact the development would have on the privacy and amenity of this property.

At the conclusion of the discussion Councillor P Elliot and Councillor D Ruff moved and seconded a motion to approve the application in line with officer recommendations. The motion was put to the vote and was approved.

RESOLVED -

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

(2)  That the final wording of the delegations be granted to the Planning Manager (Development Management)

Conditions

(1)  The development hereby approved shall be carried out in accordance with the following plans referenced unless otherwise specifically agreed in writing by the Local Planning Authority or otherwise required by any other condition in this decision notice:

·       Site Location Plan – JC/K63/1 (date stamped 14/08/2021)

·       Drawing No 9 Topographical Survey of Ecological Wildlife Ponds (date stamped 14/08/2021)

·       Drawing No. PK01 Landscaping Details – Specimen trees and shrub screening (date stamped 14/08/2021)

·       Drawing TR-01 Rev V1 Wildflower and Grassland Location included in within the Ecological Addendum Version 1 (date stamped 24/11/2021

(2)  The measures for biodiversity enhancement as set out in the submitted Ecological Addendum including for grassland enhancement, the establishment of kingfisher nest sites and the sowing of a pollinator mix shall be completed in full by 31st June 2022.  The grassland and pollinator enhancement should target all areas highlighted in blue on the map taken from page 8 of DWT letter included in the Ecological Addendum and the bund (marked N) using seed mixes EM5 and EM8 from Emorsgate and N7f from Naturescape (or mixes of equivalent diversity) as well as the kingfisher bund. The enhancement should be undertaken in the autumn following scarification of areas to be seeded. Confirmation of the completion of the enhancement works and details of subsequent management of the grassland and bund must be submitted to the Local Planning Authority for approval.

(3)  Within 3 months of permission being granted, further enhancement measures around the larger pond including the establishing marginal trees (Willows are recommended) as a shelterbelt of trees along its northern and western edges and slowly introducing some hardier aquatic species such as amphibious bistort, floating water-lily (Nymphoides peltata) along with an implementation programme shall be submitted to and approved by the Local Planning Authority. The approved further enhancement measures shall be implemented in full and in accordance with the approved details.

(4)    If within a period of two years from the date of this decision any tree or trees planted as replacement for it, is removed, uprooted or destroyed, or dies, or becomes, in the opinion of the Local Planning Authority seriously damaged or defective, another tree of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives it written approval to any variation.

(5)    The larger of the two ponds hereby approved shall not be stocked with fish in connection with any commercial angling activities.

(6)    The smaller of the two ponds hereby approved shall not be stocked with any fish.

(7)    With the exception of use of the parking space to the north of the building subject to application number 21/01026/FL (if approved).  No vehicles shall be parked within the field as identified with the red line location plan.