Agenda item

Committee considered a detailed report in relation to the above application presented by the Development Management and Land Charges Manager who gave details of the application and highlighted the location and features of the site and key issues.

 

The application was initially referred to Planning Committee by Councillor Jane Yates due to the number of licensed Houses of Multiple Occupation (HMO) in the Bolsover District, all within Shirebrook South, Shirebrook North and Langwith Wards and the multiple issues within the HMOs in the area.

 

The application was initially considered at Planning Committee in June 2024 but was deferred to ask the applicant to consider residential flats instead of HMO accommodation and to enable a Preliminary Bat Roost Assessment to be submitted. 

 

A revised application was submitted which provided a bat roost survey and the proposed to reduce the number of bedrooms in the HMO from 10 to 7 with supporting information to justify why the applicant wished to retain the HMO but with a reduced number of bedrooms.

 

The revised plan showed the amended HMO layout and included a single storey rear extension to provide storage for the shop proposed at the ground floor which reduced the available parking area and amenity space proposed.

 

District Councillor Janet Tait spoke against the application from the public gallery.

 

District Councillor Jane Yates spoke against the application.

 

Brian Murray-Carr of Shirebrook Town Council attended the meeting and spoke against the application.

 

Mick Yates – Chair of Shirebrook Model Village Residents Association attended the meeting and spoke against the application.

 

Raj Padda (applicant) and Adam Brown (Nest Architecture Ltd) attended the meeting and spoke in support of the application.

 

During discussion Councillor Deborah Watson proposed an additional condition be added for a management plan to be submitted to the Authority in relation to how day to day management of the HMO accommodation, vetting of occupants, management of the site and methods for dealing with and reporting of anti-social behaviour.

 

Moved by Councillor Deborah Watson (with the inclusion of the additional condition relating to the HMO management plan) and seconded by Councillor Tom Munro and on being put to the vote the motion was won:.

 

For the motion: 5

Against the motion: 2

 

It was therefore RESOLVED that application be approved subject to:

 

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 Proposed Block Plan ref VI-AL-111 Issue A

Revised Proposed Elevations ref VI-AL-108 Issue D

Revised Proposed Elevations ref VI-AL-107 Issue C

Revised Proposed First Floor and Second Floor ref VI-AL-106 Issue C

Revised Proposed Ground Floor Plan with Site Layout ref VI-AL-105 Issue I

Revised Boundary Details VI-AL-109 Issue B

 

3.     The development hereby approved shall not be brought into use until the access, parking and turning facilities have been provided as shown on the approved plan. Once provided the access, parking and turning facilities shall be maintained thereafter free from any impediment to use for access, parking and turning purposes.

 

4.     Before the hereby approved commercial unit and residential accommodation are first taken into use, the existing vehicular access to Acreage Lane shall be permanently closed with a physical barrier and the existing vehicle crossover reinstated as footway fully in accordance with a scheme which has first been submitted to and approved in writing by the Local Planning Authority.

 

5.     Notwithstanding the Town and Country Planning (Use Classes) Order 1987 (or any order revoking and re-enacting that order with or without modification) the ground floor of the premises must be used only for Class E, a, b, d, e, f purposes (and for no other use falling within Class E, c and g of the Order).

 

6.     The hereby approved 7 bedroomed house in multiple occupation shall be for a maximum of 7 occupants.

 

7.     Prior to the first occupation of the residential accommodation hereby approved a scheme of sound insulation shall be submitted to and approved in writing the Local Planning Authority. The scheme shall be designed following the completion of a sound survey undertaken by a competent person. The scheme shall take account of the need to provide adequate ventilation, which will be by mechanical means where an open window would not achieve the following criteria. Unless otherwise agreed, the scheme shall be designed to achieve the following criteria with the ventilation operating:

 

Bedrooms 30 dB LAeq (15 Minutes) (2300 hrs - 0700 hrs)

Living/Bedrooms 35 dB LAeq (15 Minutes) (0700 hrs - 2300 hrs)

All Other Habitable Rooms 40 dB LAeq (15 Minutes) (0700 hrs - 2300 hrs)

All Habitable Rooms 45 dB LAmax to occur no more than 6 times per night (2300 hrs - 0700 hrs)

Any outdoor amenity areas 55 dB LAeq (1 hour) (0700 hrs - 2300 hrs)

 

The scheme as approved shall be validated by a competent person and a validation report submitted to and approved in writing by the local planning authority before first occupation. The approved scheme shall be implemented in full and retained thereafter.

 

8.     Prior to the commencement of use of the commercial unit and first occupation of the residential accommodation, a scheme of CCTV shall be installed covering the main communal entrances, shared parking areas and external communal grounds fully in accordance with a detailed scheme which has first been submitted to and approved in writing by the Local Planning Authority. Once provided the CCTV scheme shall be continually operated and maintained thereafter.

 

9.     Prior to the commencement of use of the commercial unit and first occupation of the residential accommodation, a lighting scheme covering the main communal entrances, shared parking areas and external communal grounds shall be installed fully in accordance with a detailed scheme which has first been submitted to and approved in writing by the Local Planning Authority. Once provided the lighting scheme shall be continually operated and maintained thereafter.

 

10.  Prior to any works taking place to the external elevations and roof of the development, the precise external materials for the elevational treatment and roofing 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 be maintained in perpetuity for the lifetime of the development.

 

11.  Prior to the commencement of use of the commercial unit and first occupation of the residential accommodation, the boundary treatments shown on the approved site will be constructed on site in accordance with the approved details and must be maintained as such thereafter.

 

12.  Prior to the commencement of use of the commercial unit and first occupation of the residential accommodation, a hard and soft landscaping scheme shall be submitted to and be approved by the Local Planning Authority. Any trees or plants shall be planted in accordance with the agreed landscaping scheme in the first planting season and any trees/plants which within a period of five 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.

 

13.  Notwithstanding the submitted details shown on the approved plans, prior to commencement of use of the commercial unit and residential accommodation the precise details and location of the secure cycle storages areas to the rear of the site shall be submitted to and approved in writing by the Local Planning Authority and provided prior to commencement of use. Once provided the revised location and specification for the cycle storage scheme shall be maintained thereafter.

 

14.  Prior to the commencement of use of the commercial unit and first occupation of the residential accommodation, a scheme of biodiversity enhancement measures shall be provided on site fully in accordance with a scheme which has first been submitted to and approved in writing by the Local Planning Authority. Once provided the biodiversity enhancement measures shall be maintained thereafter.

 

15.  The roller shutter box for the main customer entrance to the commercial unit shall be an internally fitted mechanism only.

 

16.  Prior to the installation of any replacement windows and doors, precise details shall be first submitted to and approved in writing by the Local Planning Authority. The agreed replacement windows and doors shall then be implemented fully in accordance with the approved details prior to commencement of use of the commercial unit and residential accommodation and maintained thereafter.

 

17.  The two hanging signs on the building shall be retained, repaired or replaced and re-installed in accordance with a scheme which has first been submitted to and approved in writing by the Local Planning Authority prior to commencement of use of the ground floor commercial unit. Once provided the hanging boards shall be maintained thereafter.

 

18.  The hereby approved ground floor commercial premises shall be open for trade or business only between 6am and 11pm daily.

 

19.  There shall be no commercial deliveries for the ground floor unit outside of the hours of 7am and 9pm Monday to Saturday and 9am to 9pm Sunday, with the exception of newspapers.

 

20.  Prior to the first occupation of the HMO accommodation hereby approved a management plan for the accommodation which shall include the vetting of occupants, day-to-day management of the site and methods for dealing with and reporting incidents of anti-social behaviour shall be submitted to and approved in writing by the Local Planning Authority.  The accommodation shall thereafter be managed in accordance with the approved details in perpetuity.

 

 

Councillors Janet Tait, Deborah Watson and Carol Wood left the meeting having previously declared interests in the following item.