Agenda item

Committee considered a detailed report in relation to the above application.

 

The application had been deferred from the Planning Committee meeting held on 1^st November 2023 as the viability document had not been made available in the public

domain.

 

The application had been referred to the Planning Committee for determination because the development was unable to comply with S106 contribution policies for viability reasons.

 

The application sought approval to change the use of the vacant Amberleigh Manor Care Home (C2), to create 10 no. two storey residential dwellings and the erection of two no. two storey residential dwellings attached to the eastern side of the building (C3). Some single storey outbuildings to the rear were proposed to be demolished. The proposed development was known as Phase II for the re-development of the care home site. It was the applicant’s intention that the submission of this phase would complete the site’s development for residential dwellinghouse purposes. The proposal included the provision of private rear garden areas and off-road parking spaces with electric vehicle charging points.

 

Phase one of the site had been granted planning permission in April 2021.

 

Following on from the consultation, nine representations had been received and these were summarised in the report. A further representation received after the agenda was published was included in the update report, however, no additional points were raised that required a separate or additional response.

 

The key issue for Members consideration related to viability and that the development could not meet its triggered S106 obligations. The scheme had been independently appraised by CP Viability with phase 1 and 2 being taken into consideration. CP Viability had confirmed that the development as a whole was unable to make the contributions required due to overriding development constraints and cost associated with the proposal. The balance to this, as set out in the officer’s report, was that there was overriding public benefits of the scheme which outweighed the potential shortfall in the planning obligations which were required.

 

The site had been vacant for a period of time and was currently subject to antisocial behaviour issues, it was therefore recommended for approval, subject to conditions.

 

Following observations made during the committee site visit, it was proposed that the

wording of condition 20 be amended to give assurance that the boundary treatment detail reserved by condition that were still to be approved shall include details of any new features, as well as details to repair / make good any existing ones;

 

20.  Prior to first occupation, a detailed scheme of works to all boundary treatments (that shall include details of those to be retained / made good and any new boundary treatments) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter only those details approved in writing shall be implemented in full and the agreed boundary treatment scheme shall then be maintained in perpetuity.

 

Mr Ranjit Sagoo attended the meeting and spoke for the application.

 

A Member queried the sizes of the gardens as there had been a slight difference between the application and what was detailed within the officer report. The Assistant Director of Planning and Planning Policy clarified that the applicant had submitted a detailed plan of garden sizes and the ones detailed within the supplementary report were the most accurate.

 

Mrs Alison Butterworth attended the meeting and spoke against the application.

 

In response to a query raised by the speaker the Assistant Director of Planning and Planning Policy advised that a lengthy discussion had taken place on the site visit in relation to the boundary wall and this formed the change of condition 20 that was detailed within the update report as noted above. It was also noted that the Council were not aware of who would occupy the houses.

 

Some Members raised their concern that the development was unable to comply with S106 contribution policies. Another Member stated that there had been public concern as to what would happen to the site, and he saw no future for the land other than the presented application.

 

The Assistant Director of Planning and Planning Policy referred Members back to the

independent Viability Expert’s report and that the Local Plan also allowed for taking into account and to consider viability positions if there were public benefits which outweighed the loss of S106 contributions.

 

A Member noted that market forces changed quickly, and suggested that the site be

reassessed for S106 contributions at the time the properties came to market. The Assistant Director of Planning and Planning Policy, and the Chartered Legal Executive, jointly advised that this action could not be justified on a small development such as this.

 

Moved by Councillor Duncan McGregor and seconded by Councillor John Ritchie

RESOLVED that the application be APPROVED subject to the following conditions:

 

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

2.     The development hereby permitted shall be carried out in accordance with the

following approved drawings and documents unless specifically stated otherwise in the conditions below:

 

·       Revised Site Location Plan and Block Plan - drg no 1624-10 Revision D dated April 2019 (Revised August 2023)

 

·       Refuse Vehicle Tracking Layout - drawing 1D dated 24/02/2021

 

·       Site Access General Arrangement Layout - drawing 2A dated 24/02/2021

 

·       Revised Elevations (plots 1-12) drg no 1624-04 Rev A dated December 2021 (Revised March 2023)

 

·       Revised Floor Plans (plots 1-12) drg no 1624-03 Rev A dated December 2021 (Revised April 2023)

 

·       Tree Constraints Plan dated 01/05/2023 - Project No 200

 

·       Tree Protection Plan - dated 01/05/2023 - Project No 200

 

·       Proposed Drainage Strategy - Drawing Number DS001 Rev D dated 06.07.2020 (Revised August 2023)

 

·       Land Survey - Drg no 19-1618-1A dated October 2020

 

3.     No development shall commence until drainage plans for the disposal of surface water and foul sewage have been submitted to and approved in writing by the Local Planning Authority. The agreed drainage scheme shall then be implemented fully in accordance with the approved details prior to the first occupation of the development and be maintained in perpetuity thereafter.

 

4.     All construction works must be undertaken only between 07:30am and 6pm

Monday to Friday and between 7:30am to 1pm Saturday. No construction work activity on site or deliveries to or from the site shall take place on Sundays and Public Holidays.

 

5.     Before any other operations are commenced the site access shall be modified, laid out and constructed in accordance with a detailed design first submitted to, and approved in writing by the Local Planning Authority. The access shall include proposed passing places as detailed in the application submission, be constructed to base level, and be provided with visibility sightlines of 2.4m x 43m in both directions. Prior to the first occupation of any dwelling on site, the permanent new access shall be laid out as approved and 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 the adjoining nearside carriageway channel level.

 

6.     Prior to the first occupation of each dwelling, space shall be provided for the

parking of vehicles associated with that dwelling fully in accordance with the

approved plans. Once provided the car parking spaces shall be maintained in

perpetuity for the lifetime of the development free from any impediment to their designated parking uses.

 

7.     At the commencement of operations on site, space shall be provided within the site curtilage for storage of plant and materials, site accommodation, loading and unloading of goods vehicles, parking, and manoeuvring of site operatives and visitors vehicles, laid out and constructed fully in accordance with detailed designs to be first submitted in advance to the Local Planning Authority for written approval. The site compound shall be maintained throughout the entire contract period in accordance with the approved designs free from any impediment to its designated use.

 

8.     Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) (England) Order 2015, or any statutory instrument

amending, revoking and/or replacing that Order, the parking spaces to be provided in connection with the development shall not be used other than for the parking of vehicles.

 

9.     Notwithstanding the provision of the Town and Country Planning (General

Permitted Development) Order (2015), (or any Order revoking, amending, or re-enacting that Order) no gates / bollards / chains / other means of obstruction shall be erected across the approved access unless details have first been submitted to and approved in writing by the Local Planning Authority.

 

10.  No development shall be commenced until details of the future maintenance of the residential access driveways and any footways (including maintenance and management of layout, levels, gradients, construction, surfacing, means of surface water drainage and street lighting) have been submitted to and approved in writing by the Local Planning Authority. The driveways shall thereafter be managed and maintained fully in accordance with the approved management and maintenance details for the lifetime of the development.

 

11.  Prior to first occupation of the development, two no. Schwegler bat boxes and  two no. bird boxes must be installed in accordance with a scheme that has first been submitted to and approved in writing by the Local Planning Authority, with photographs of the boxes in situ provided to the Local Planning Authority to discharge the condition. The agreed bat and bird boxes shall then be maintained in perpetuity.

 

12.  Prior to the first occupation of the hereby approved development any made ground on the site shall be removed, or a contamination investigation and risk

assessment of that part of the site shall be undertaken by a competent person in accordance with current guidance and in accordance with a scheme which has been first submitted to and approved in writing by the Local Planning Authority. Where the site investigation and risk assessment show that contamination remediation is required, a remediation scheme shall be submitted to and approved in writing by the Local Planning Authority. Any approved remediation scheme shall be implemented fully in accordance with the approved scheme 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 dwellings hereby approved.

 

13.  Where any further suspected areas of contamination are discovered during the development process of the site, the process of site investigation and risk

assessment, remediation and verification as described in condition 12 above shall be carried out by a competent person fully in accordance with current guidance and in accordance with a scheme which has first been submitted to and approved in writing by the Local Planning Authority.

 

14.  In the event that it is necessary to import soil onto the application site in

connection with the development, prior to any importation soil shall be sampled at source; analysed in a laboratory which is accredited under the MCERTS Chemical Testing of Soil Scheme, and the results submitted to and approved in writing by the Local Planning Authority. Any soil imported into the application site shall then be fully in accordance with the agreed soil scheme.

 

15.  Prior to first occupation of plots 1 and 12, the east facing first-floor secondary windows serving plot 12 and the west facing first-floor secondary windows serving plot 1 shall be glazed with highly obscure non-opening glass and any opening shall be top-only and a minimum of 1.7m above internal finished floor level. Once installed the obscure glazing and opening method shall be maintained in perpetuity.

 

16.  Notwithstanding the provisions of Part 1 Class A, AA, B, C, D, E of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 as amended (or any Order revoking and re-enacting that Order) no development as may otherwise be permitted by Class A, AA, B, C, D, E of the Order shall be carried out on the dwellinghouses hereby permitted.

 

17.  Prior to occupation of the development, a lighting scheme, to include details of location, type, height, and specification, shall be submitted to and approved in writing by the Local Planning Authority. The agreed lighting scheme shall then be implemented on site fully in accordance with the approved scheme and made available for use prior to occupation of the first dwelling.

 

18.  Prior to any works taking place to the external elevations and roof of the development, the precise external materials to be used in the construction of the development shall be first submitted to and approved in writing by the Local Planning Authority. The development shall then proceed fully in accordance with the agreed external materials and then maintained in perpetuity.

 

19.  Prior to first occupation of the development a scheme of hard and soft landscaping, to include proposed trees within the development, shall be submitted to and approved in writing by the Local Planning Authority. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the dwellings or the completion of the development, whichever is the sooner; and 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.

 

20.  Prior to first occupation, a detailed scheme of works to all boundary treatments (that shall include details of those to be retained / made good and any new boundary treatments) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter only those details approved in writing shall be implemented in full and the agreed boundary treatment scheme shall then be maintained in perpetuity.

 

21.  Prior to the first occupation of the development, details confirming arrangements to allow access on to the new estate road for refuse vehicles (bin lorries), to enable properties to have their bins collected from within the site, shall be first submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented in full prior to occupation of the first dwelling and be maintained in perpetuity.

 

22.  Before works commence on site details to upgrade the private access road from Primrose Hill to the application building, to bring the private access road in accordance with the Derbyshire County Council's Design 6C's Guide, shall be submitted to and approved in writing by the Local Planning Authority. The agreed private access road improvement scheme shall be completed in full prior to occupation of the first dwelling and be maintained in perpetuity thereafter.

 

23.  No development shall take place until a detailed design and associated management and maintenance plan of the surface water drainage for the site, in accordance with the principles outlined within:

 

a)    Halas Design Ltd. (August 2023). Block/Location Plans. Rev. D.

 

b)    HSP Consulting. (21.08.2023). Drainage Strategy. Rev. D. Drawing No. DS001.

 

c)     HSP Consulting. (25.11.2022). Drainage strategy Technical Memorandum. Rev. C. Ref. C3352/TM001. Including any subsequent amendments or updates to those documents as approved by the Flood Risk Management Team.

 

d)    And DEFRA's Non-statutory technical standards for sustainable drainage systems (March 2015), have been submitted to and approved in writing by the Local Planning Authority.

 

24.  No development shall take place until a detailed assessment has been submitted to and approved in writing by the Local Planning Authority, to demonstrate that the proposed destination for surface water accords with the drainage hierarchy as set out in paragraph 80 reference ID: 7-080-20150323 of the planning practice guidance.

 

The assessment must demonstrate, with appropriate evidence, that surface water runoff is discharged as high up as reasonably practicable in the following hierarchy:

 

I. into the ground (infiltration);

 

II. to a surface water body;

 

III. to a surface water sewer, highway drain, or another drainage system;

 

IV. to a combined sewer.

 

25.  Prior to commencement of development, details demonstrating how additional

surface water run-off from the site will be avoided during the construction phase shall be submitted to and approved in writing by the Local Planning Authority. The applicant may be required to provide collection, balancing and/or settlement systems for these flows. The approved system shall be operating to the satisfaction of the Local Planning Authority, before the commencement of any works, which would lead to increased surface water run-off from site during the construction phase.

 

26.  Prior to the first occupation of the development, a verification report carried out by a suitably qualified independent drainage engineer must be submitted to and approved in writing by the Local Planning Authority. This must demonstrate that the drainage system has been constructed as per the agreed scheme (or detail any minor variations), provide the details of any management company, and state the national grid reference of any key drainage elements (surface water attenuation devices/areas, flow restriction devices and outfalls).

 

27.  The hereby approved development shall be undertaken fully in accordance with the Arboricultural Report, Impact Assessment & Protection Method Statement, Tree Protection Plan and Tree Constraints Plan prepared by Crawshore Arborcare Ltd dated Monday 1st May 2023.

 

Statement of Decision Process

 

Officers have worked positively and pro-actively with the applicant to address issues raised during the consideration of the application. The proposal has been considered against the policies and guidelines adopted by the Council and the decision has been

taken in accordance with the guidelines of the Framework.

 

The decision contains pre-commencement conditions which are so fundamental to

the development permitted that:

 

·       it would have been otherwise necessary to refuse the whole permission; or

 

·       are necessary to address issues that require information to show that the development will or can be made safe; or

 

·       address other impacts which need to be assessed to make the development acceptable to minimise and mitigate adverse impacts from the development.

 

The pre-commencement of development conditions has been agreed with the

applicant’s planning agent.

 

Equalities Statement

 

Section 149 of the Equality Act 2010 places a statutory duty on public authorities in the exercise of their functions to have due regard to the need to eliminate discrimination and advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it (i.e. “the Public Sector Equality Duty”). In this case, there is no evidence to suggest that the development proposals would have any direct or indirect negative impacts on any person with a protected characteristic or any group of people with a shared protected characteristic.

 

Human Rights Statement

 

The specific Articles of the European Commission on Human Rights (‘the ECHR’)

relevant to planning include Article 6 (Right to a fair and public trial within a reasonable time), Article 8 (Right to respect for private and family life, home, and correspondence), Article 14 (Prohibition of discrimination) and Article 1 of Protocol 1 (Right to peaceful enjoyment of possessions and protection of property). It is considered that assessing the effects that a proposal will have on individuals and weighing these against the wider public interest in determining whether development should be allowed to proceed is an inherent part of the decision-making process. In carrying out this ‘balancing exercise’ in the above report, officers are satisfied that the potential for these proposals to affect any individual’s (or any group of individuals’) human rights has been addressed proportionately and in accordance with the requirements of the ECHR.