Section 73 application to revise condition 2 (Approved drawings) pursuant of 20/00079/FL on land at Croftonvale, Alton Lane, Littlemoor, Ashover
(Planning Manager – Development Management)
The report to Committee explained that a retrospective Section 73 Application had been submitted to revise Condition 2 (Approved Drawings), pursuant to NED 20/00079/FL at Crofton Vale, Alton Lane, Littlemoor, Ashover. The application had been referred to Committee by Councillor W Armitage, who had raised concerns about it.
Planning 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 approve the recommendations. Officers believed that the changes to the height of the building, the first floor windows and to the front and rear elevations, had not significantly impacted on the character of the area or on the neighbouring properties. Consequently, they felt that retrospective planning permission for the changes, subject to the conditions set out in the report, should be approved.
Members were informed that no one had registered to speak on the Application.
Planning Committee considered the Application. It took into account the Principle of Development and in particular, the site’s location within the Settlement Development Limits (SDL) for Littlemoor. It considered Policy SS8 of the Local Plan that supports development which respects the form and character of the existing settlement and surrounding landscape, through careful siting, design and use of materials. Committee took into account Policy SDC12, which requires that all new developments be of high quality design and make a positive contribution to the quality of the local environment. It also considered the relevant Ashover Neighbourhood Plan Policies.
Members discussed the Application. They heard how the amended plans and what had been constructed only involved minimal alteration from the previously approved plans. They heard about the 200 millimetre (20 centimetre) increase in the ridge height and the other variations. Members were also informed how the previously approved materials were used in its construction. They reflected on whether the minimal alterations to the scale and design of the building which had now been constructed had had a detrimental impact on the character of the area.
At the conclusion of the discussion Councillor P Elliot and Councillor A Cooper moved and seconded a motion to approve the Application, in line with officer recommendations. The motion was put to the vote and agreed by the Committee
(1) That the Application be conditionally approved, in line with officer recommendations.
(2) That the final wording of the conditions be delegated to the Planning Manager (Development Management).
1. The development hereby approved shall be carried out in accordance with the submitted plans:
Existing Site Plan – Ref: 026 18 A001
Proposed Site Plan - Ref: 026 18 A002 Rev A
Site Section - Ref: 004-22 A005
Proposed Plans - Ref: 004-22 A101
Proposed Elevations - Ref: 004-22 A103
Landscaping and tree protection - Ref: 026 18 A007
Stone Head, Cils, Quoins – Ref: 026 18 A104
unless otherwise specifically agreed through a formal submission under the Non-Material Amendment procedures and unless otherwise required by any other condition in this decision notice.
2. All planting, seeding or turfing in the approved scheme of landscaping (landscaping and tree protection - Ref: 026 18 A007) 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.
3. The premises, the subject of the application, shall not be occupied until space has been provided within the application site in accordance with the application drawings for the parking and manoeuvring of residents' and visitors' vehicles, laid out, surfaced and maintained throughout the life of the development free from any impediment to its designated use.
4. Prior to the first occupation of the dwelling hereby approved, any Made Ground on the site shall be removed or a contamination investigation and risk assessment of that part of the site shall be carried out by a competent person in accordance with current guidance and in accordance with a scheme which has been approved by the local planning authority, to demonstrate that the site is suitable for the use hereby approved. Where the site investigation and risk assessment shows that contamination remediation is required, a remediation scheme shall be prepared and submitted to the local planning authority for written approval; the approved remediation scheme shall be implemented as approved and a verification report shall be submitted to and approved in writing demonstrating that the remediation has been carried out successfully prior to the first occupation of the dwelling hereby approved.
5. Where any suspected areas of contamination are discovered during the development of the site, the process of site investigation and risk assessment as identified in condition 5 above shall be carried out by a competent person in accordance with current guidance and in accordance with a scheme which has been approved by the local planning authority, to demonstrate that that part of the site is suitable for the use hereby approved.
6. In the event that it is proposed to import soil onto site in connection with the development, the soil to be imported shall be sampled at source and analysed in a laboratory that is accredited under the MCERTS Chemical Testing of Soil Scheme for all parameters previously agreed in writing with the local planning authority, the results of which shall be submitted to and shall be approved in writing with the local planning authority.
The Highway Authority recommends that the first 5m of the proposed access driveway should not be surfaced with a loose material (i.e. unbound chippings or gravel etc). In the event that loose material is transferred to the highway and is regarded as a hazard or nuisance to highway users, the Authority reserves the right to take any necessary action against the householder.
Pursuant to Sections 149 and 151 of the Highways Act 1980, steps shall be taken to ensure that mud or other extraneous material is not carried out of the site and deposited on the public highway. Should such deposits occur, it is the applicant's responsibility to ensure that all reasonable steps (e.g. street sweeping) are taken to maintain the roads in the vicinity of the site to a satisfactory level of cleanliness.
In the unlikely event of bats being found during the development all works should cease immediately and advice sought from a professional ecologist.