Agenda item

Committee considered a detailed report in relation to the above application, presented by the Development Management and Land Charges Manager.

The application had been referred to Planning Committee as it proposed to vary a planning permission that was originally determined by Planning Committee and involved more than non-material minor amendments.

The current application was to vary condition 2 (approved plans) of planning permission 22/00168/FUL to allow for the relocation of the site access during the construction period.  The access track currently proposed utilised the same access as previously approved, but the current proposal was to move the temporary access track within the site such that it ran directly to the rear of the boundary hedge before running across the field to the barn.

It was proposed that the land would be restored to its natural state following completion of the development and any hedge and boundary walls reinstated.  The temporary surface road was proposed to comprise weed block matting/membrane with min. 100mm of hard core/crushed brick/stone laid over.

The only issue for consideration was, therefore, the line of the temporary access track within the paddock.  There were no other alterations to the previously approved scheme.

Mr Chris Williams attended the meeting and spoke against the application.

Mr Paul Harris attended the meeting and spoke against the application.

In response to a Member’s query, the Development Management and Land Charges Manager, advised the meeting that utilities and the route of utilities was a matter for the service providers and that they have national permitted development rights to carry out such work.  Planning officers had looked at the proposed alternative access, assessed the impact on the environment and felt the revised routing of the access was better than the original routing because it was not a strident feature which crossed the land diagonally.  It actually provided a more direct link to Farm Lane, and followed an existing landscape feature which helped mitigate its impact on the landscape, thus, the application was considered acceptable on its own merits.  Members were asked to note that this was an application under s73, i.e., to grant a new permission, but the original permission was a valid application and a legitimate fall-back position.

The Member noted that the applicant was not at the meeting to answer Members’ questions.

In response to another Member’s query, the Development Management and Land Charges Manager, advised the meeting that land ownership was a civil matter.  In relation to the original application, the applicant had confirmed the extent of the application site area was in their ownership and had served the correct certificate.  In relation to the current application, this was to make an amendment to the original permission and it was not a requirement to submit a further site location plan. 

Moved by Councillor Duncan McGregor and seconded by Councillor Jenny Wilson

RESOLVED that the application beapproved subject to the following conditions:

1. The development shall be begun before 9^th August 2025
2. The development hereby permitted must be carried out in accordance with the following plans and documents:

·       Site Block Ownership Plan & Site Location Plan as Proposed - L/01 Rev J received 2^nd April 2024

·       Proposed block plan - L/02 Rev B; received 20th June 2022

·       Proposed ground floor plan - P/01 Rev B; received 20th June 2022

·       Mezzanine floor and roof plan - P/02 Rev B; received 20th June 2022

·       South and East Elevations - P/03 Rev B; received 20th June 2022

·       North and West Elevations - P/04 Rev B; received 20th June 2022

·       Section A-A as Proposed - P/05 Rev B; received 20th June 2022

·       M-Ecology - Bat Activity Survey Report (30th May 2022); received 20th June 2022.

·       Coal Mining Risk Assessment report (G22227) prepared by Geo-Investigate Ltd;

·       received 20th June 2022.

3. Prior to commencement of development, the Structural Report, prepared by Nashmean Limited and received on the 23rd March 2022 shall be updated to correspond with the approved plans, submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.
4. No development shall commence on the building conversion until details of the roofing materials and details of the verge have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the agreed details and retained as such for the life of the development.
5. The rainwater goods shall be cast metal on rise and fall brackets.
6. Prior to the installation of any doors or windows, the following information must be submitted to and approved in writing by the Local Planning Authority:

·       Details of all new windows, including rooflights, in the form of 1:20 scaled plans.

·       Details of all new external doors, in the form of 1:20 scaled plans.

·       Details and treatment of the timber shutters in the form of 1:20 plans.

·       Details of the appearance and materials for the proposed cill and lintel treatments.

The development shall then be carried out in accordance with the agreed details and retained as such for the life of the development.

7. The dry stone wall must be constructed in accordance with the details submitted under discharge of condition application 23/00614/DISCON, a sample panel of which must be constructed and approved prior to the wall being constructed. The wall must be constructed in accordance with the approved details before the first occupation of the dwelling hereby approved and must be maintained as such thereafter.
8. No building shall be occupied until the hard and soft landscape works approved under discharge of conditions application no 23/00614/DISCON have been implemented on site.
9. Prior to any works being carried out to trees within the application site, a specification of works shall be submitted to and approved in writing. Where development takes place within any identified root protection areas of trees to be retained, the ground excavations shall be carried out using hand dig technology only. All tree works shall be carried out in accordance with the appropriate recommendations contained in British Standard 3998: 2010 (Tree Work) and in general shall in no way prejudice the health, balance, and natural appearance of the trees to be retained.
10. Prior to occupation of the dwelling hereby permitted, the temporary access track must be removed and the field must be restored to its previous condition through suitable ground preparation and the sowing of an appropriate seed mix. The section of hedgerow removed for access shall be reinstated using appropriate native species. The establishment of the hedgerow plants shall be monitored by the applicant for the next five years and any failed plants shall be replaced like for like. The stone wall along the western boundary shall be restored back to its current condition.
11. Prior to occupation of the dwelling, an integrated or surface-mounted bat box shall be incorporated at the apex of the western gable. A photograph of the box in situ shall be submitted to and approved by the Local Planning Authority. The box shall be maintained in the agreed form for the life of the development.
12. The removal of the hedgerow to create the temporary site access shall avoid the nesting season, which falls between 1st March and 31st August inclusive, unless preceded by a nesting bird survey undertaken by a competent ecologist no more than 48 hours prior to clearance. If nesting birds are present, an appropriate exclusion zone will be implemented and monitored until the chicks have fledged. No works shall be undertaken within exclusion zones whilst nesting birds are present.
13. The lighting strategy approved under discharge of conditions application no 23/00614/DISCON must be provided on site before first occupation of the dwelling hereby approved and must be maintained as such thereafter.
14. The premises, the subject of the application, shall not be taken into use until space has been provided within the application site for the parking of visitors/resident's vehicles (measuring a minimum of 2.4m x 5.5m), generally in accordance with the application drawings, constructed, laid out, surfaced, and maintained throughout the life of the development free from any impediment to its designated use.
15. No part of the development shall be taken into use until details of arrangements for the 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 their designated purposes at all times thereafter.
16. No development shall commence until;

a) a scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past shallow coal mining activity; and

b) any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed.

The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance.

17. Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.
18. Notwithstanding the provisions of Classes A, B, C, D, E, and F of Part 1, and Classes A, B and C of Part 2 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no extension, enlargement, alteration or the provision of incidental or ancillary buildings, surfaces or boundary treatments to the dwellinghouse hereby permitted and its curtilage shall take place, other than those approved under the terms of this permission, unless authorised by an express grant of planning permission.
19. Before the commencement of the development hereby approved:

a)    A Phase I contaminated land assessment (desk-study) must be undertaken and approved in writing by the local planning authority.

b)    The contaminated land assessment must include a desk-study with details of the history of the site use including:

·       the likely presence of potentially hazardous materials and substances, their likely nature, extent, and scale,

·       whether or not they originated from the site,

·       a conceptual model of pollutant-receptor linkages,

·       an assessment of the potential risks to human health, property (existing or

·       proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, ground waters and surface waters, ecological systems,

·       archaeological sites and ancient monuments,

·       details of a site investigation strategy (if potential contamination is identified) to

·       effectively characterise the site based on the relevant information discovered by the desk study and justification for the use or not of appropriate guidance. The site investigation strategy shall, where necessary, include relevant soil, ground gas, surface and groundwater sampling/monitoring as identified by the desk-study strategy

The site investigation must be carried out by a competent person in accordance with the current U.K. requirements for sampling and analysis. A report of the site investigation must be submitted to the local planning authority for written approval.

Reasons for Condition(s)

1. To comply with the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004.
2. To ensure that the development takes the form as envisaged by the Local Planning Authority.
3. To define the terms of this permission and to ensure a satisfactory appearance of the completed development, in the interests of visual amenity and in compliance with policies SS1, SS9, SC3, and SC5 of the adopted Local Plan.
4. To ensure a satisfactory appearance of the completed development. In the interests of visual amenity and in compliance with policies SS1, SS9, SC3 and SC16 of the adopted Local Plan.
5. To ensure a satisfactory appearance of the completed development. In the interests of visual amenity and in compliance with policies SS1, SS9, SC3 and SC16 of the adopted Local Plan.
6. To ensure a satisfactory appearance of the completed development. In the interests of visual amenity and in compliance with policies SS1, SS9, SC3 and SC16 of the adopted Local Plan.
7. To ensure a satisfactory appearance of the completed development. In the interests of visual amenity and in compliance with policies SS1, SS9, SC3 and SC16 of the adopted Local Plan.
8. To ensure a satisfactory appearance of the completed development. In the interests of visual amenity and in compliance with policies SS1, SS9, SC3 and SC16 of the adopted Local Plan.
9. For the avoidance of doubt, and in the interests of visual amenity, good arboricultural management and in compliance with policies SS1, SC3, and SC10 of the adopted Local Plan.
10. To define the terms of this permission, and in the interests of visual amenity, biodiversity, and highway safety, in compliance with policies SS1, SS9, SC3, SC9, SC10 and ITCR10 of the adopted Local Plan.
11. In the interests of biodiversity and in compliance with policies SS1, SC3, and SC9 of the adopted Local Plan.
12. In the interests of biodiversity and in compliance with policies SS1, SC3, and SC9 of the adopted Local Plan.
13. In the interests of biodiversity and in compliance with policies SS1, SC3, and SC9 of the adopted Local Plan.
14. To ensure the provision of on-site parking to serve the development. In the interests of highway safety and in compliance with policies SC3 and ITCR11 of the adopted Local Plan.
15. In the interests of highway safety and in compliance with policies Sc3 and ITCR10 of the adopted Local Plan.
16. The undertaking of intrusive site investigations, prior to the commencement of development, is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development, in accordance with paragraphs 183 and 184 of the National Planning Policy Framework.
17. The undertaking of intrusive site investigations, prior to the commencement of development, is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development, in accordance with paragraphs 183 and 184 of the National Planning Policy Framework.
18. To enable the Local Planning Authority to retain control over future extensions, alterations, and the erection of outbuildings, giving the simple form of the extended dwelling, and location within the countryside and conservation area; in compliance with policies SS1, SS9, SC3 and SC16 of the Bolsover District Local Plan.
19. To ensure that the site is free from contamination, in compliance with policies SS1, SC2 and SC14 of the adopted Local Plan.

Statement of Decision Process

The proposal complies with the policies and guidelines adopted by the Council and the decision has been taken in accord with the Policies of the National Planning Policy Framework.

Notes

1. Under provisions within Sections 149 and 151 of the Highways Act 1980, the developer must take all necessary action 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 developer'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.
2. The sewer records do not show any public sewers within the curtilage of the site. However, the applicant should be made aware of the possibility of unmapped public sewers which are not shown on the records but may cross the site of the proposed works. These could be shared pipes which were previously classed as private sewers and were transferred to the ownership of the Water Authorities in October 2011. If any part of the proposed works involves connection to / diversion of / building over / building near to any public sewer the applicant will need to contact Yorkshire Water in order to determine their responsibilities under the relevant legislation.
3. All proposals regarding drainage will need to comply with Part H of the Building Regulations 2010. In addition, any connections or alterations to a watercourse will need prior approval from the Derbyshire County Council Flood Team, who are the Lead Local Flood Authority.
4. It is essential that any work carried out does not detrimentally alter the structure or surface of the ground and increase or alter the natural flow of water to cause flooding to neighbouring properties. The developer must also ensure any temporary drainage arrangements during construction gives due consideration to the prevention of surface water runoff onto the public highway and neighbouring properties.
5. In the interests of maintaining good relationships with surrounding land users, the applicant is requested to provide a scheme of noise management for customers using the holiday let.

6.     Certain plant and animal species, including all wild birds, are protected under the Wildlife and Countryside Act 1981. It is an offence to ill-treat any animal; to kill, injure, sell, or take protected species (with certain exceptions); or intentionally to damage, destroy or obstruct their places of shelter. It is thus an offence to take, damage or destroy a wild birds nest whilst in use or being built. Hedgerows or trees containing nests should therefore not be removed, lopped, or topped during the nesting season. Bats enjoy additional protection. It is an offence to kill, injure or disturb bats founds in the non-living areas of a dwelling house (that is, in the loft) or in any other place without first notifying English Nature. Some other animals are protected under their own legislation (e.g. the Protection of Badgers Act 1992).

7.     The applicant is reminded that any amendment to the approved red line boundary or land owned by the applicant, following any dispute over land ownership may result in an amended planning application being required.

Councillor Janet Tait left her seat on the Committee and sat in the public gallery.