Agenda item

District Councillor Janet Tait, spoke against the application. 

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

The application was for the change of use of the building from a public house and above residential and office accommodation to a convenience store to the ground floor, two self-contained flats and a 10-bedroom House in Multiple Occupation (HMO) to the first and second floors for a maximum of 10 persons.  The application included internal and external alterations involving a rear extension for commercial storage, alterations to a side facing dormer, deliveries from Acreage Lane, a shared secure amenity area for future occupants and parking for both residents and customers.

The application originally proposed a large flat roofed rear extension which spanned Acreage Lane and an amenity area surrounded by commercial access for delivery purposes.  Other alterations were proposed to the façade of the building and the site’s boundaries which were not considered to respect its design character and caused harm to the visual amenity of the locality and residential amenity.  The application had therefore been formally amended to address these issues and increase off-road parking within the site.

District Councillor Janes Yates had requested the application be referred to Planning Committee because there were 15 licensed HMOs in the Bolsover District, all within Shirebrook South, Shirebrook North and Langwith Wards, and 8 of these were within Shirebrook South wards where the Victoria Inn was located.  Councillor Yates had stated there had been multiple issues within HMOs in this area, for example, at the former Station Hotel in Shirebrook North Ward, and the former King of Diamonds in Langwith Ward.  These were not on the list of licensed sites on the Council’s Website.

Mrs Raj Padda (Applicant) attended the meeting and spoke for the application.

In response to Members’ questions, Mrs Padda confirmed that in relation to the single occupant rooms, any potential tenant would be required to sign a single occupant contract.  Work and background checks would also be carried out.  In relation to management and inspection of the properties, this would be undertaken by Mrs Padda as she would be on site on a daily basis.

Shirebrook Town Councillor Dale Smith attended the meeting and spoke against the application.

Hazel Ward attended the meeting and spoke against the application on behalf of Shirebrook Town and District Councillor Jane Yates who could not attend the meeting.

Wendy Rogers, secretary of the Model Village Residents Association, attended the meeting and spoke against the application.

The Development Management and Land Charges Manager referred to the Supplementary Update Report, which advised of a further representation received from Shirebrook Town Council and a late representation from Derbyshire Wildlife Trust which confirmed that a Preliminary Bat Roost Assessment should be submitted prior to determination of the application to demonstrate the presence or otherwise of protected species, and the extent that they may be affected by the proposed development.  If Members were minded to approve the application the recommendation would be to delegate authority to officers to grant planning permission, subject to;

a) the submission of a Preliminary Bat Roost Assessment and any necessary survey work identified to satisfy Derbyshire Wildlife Trust that the development will not adversely impact on bats, and

b) no material changes being required to the development that require further assessment. 

Referring to the comments made by speakers against the application, Members noted that it was policies that governed decisions made by the Planning Committee.  Representations made by consultees such as environmental health, police, and highways etc., also needed to be taken into account and given weight to for any planning application. 

Moved by Councillor Duncan McGregor and seconded by Councillor Tom Munro that the application be approved.

Councillor Deborah Watson proposed an alternative motion that the application be deferred pending the bat assessment and to enable the applicant to give consideration to the HMO element of the proposals given the concerns raised and that it be brought back to a future Planning Committee for Members to determine the application.

The motion was seconded by Councillor Chris Kane.

On being put to the vote, the motion was won;

For the motion: 5

Against the motion: 2

It was therefore RESOLVED that the application be deferred pending a bat assessment and the application be brought back to a future Planning Committee for Members to determine the decision.

Councillor Janet Tait left the public gallery and took her seat back on the Committee.