Agenda item

Committee considered a 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 planning application sought approval for 2 three-storey buildings and 1 two-storey building that would deliver 9 one-bedroom flats at the ground floor and 9 two-bedroom two-storey flats, that would be delivered on the second and third floors of the building.

 

The application had been deferred from the Committee’s 16^th April 2025 meeting to allow officers to negotiate further contributions if viability increased.

 

Stephen K. Haslam spoke in favour of the application (on behalf of Mitchell Proctor Architects, the agent).

 

To a question on the enforcement of contributions following any increased viability, the Development Management and Land Charges Manager noted this was a complex area as assumptions were prescriptive regarding viability and were included in the agreement – any profit margin above 20% was seen as reasonable and would result in a 70% / 30% split of shared additional profit, with the Council prioritised.

 

This protocol would also entice all developers to seek additional profits above 20%.

 

A Member stated the current site was not attractive and the proposed development was desirable, but shared reservations on the 20% profit threshold before additional contributions would be sought.

 

Moved by Councillor John Ritchie and seconded by Councillor Rob Hiney-Saunders

RESOLVED that application no. 23/00439/FUL be APPROVED upon no objections being received from the Lead Local Flood Authority (LLFA), subject to the following             conditions, any other conditions recommended by the LLFA, and upon completion    of a S.106 agreement to secure a viability review mechanism at a suitable stage in       the build out of the site, to enable the education, open space and playing pitch      developer contributions to be made in circumstances where the development      proves to be more profitable than envisaged in the viability appraisal:

 

            Conditions

 

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

 

2. The development hereby approved shall be implemented in accordance with the following plans unless specifically stated otherwise in the conditions below:

 

·       Revised Location Plan (received 17^th January 2025);

 

·       Site Plan and Ground Floor Plan Plots 1-6 (Drawing no. 23 946 2 Rev. B, received 17^th January 2025);

·       Ground Floor Plots 7-9 and First Floor Plots 10-15 (Drawing no. 23 946 3 Rev. A, received 28^th March 2025);

·       Rooms in Roof Plots 10-15 and First Floor Plots 16-18 (Drawing no. 23 946 4 Rev. A, received 28^th March 2025);

·       Elevations (Drawing no. 23 946 5 Rev. C, received 28^th March 2025);

·       Sections (Drawing no. 23 946 6 Rev. A, received 28^th March 2025);

·       Hard and Soft Landscaping (Drawing no. 23 946 7 Rev. D, received 17^th January 2025).

 

3. Before the commencement of construction works including any demolition in connection with the development hereby approved, a programme of measures to minimise the spread of airborne dust from the site during construction and demolition periods shall be submitted to and approved in writing by the Local Planning Authority.  The construction shall be undertaken in accordance with the approved scheme.

 

4. Construction works on the site and deliveries to the site shall be undertaken only between the hours of 7.30am to 6pm Monday to Friday and 7.30am to 1pm on Saturday.  There shall be no work undertaken on site or deliveries to the site on Sundays or public holidays.

 

5. Prior to the first occupation of the dwellings 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.  The approved scheme shall be implemented in full and retained thereafter.

 

6. Development other than that required to be carried out as part of an approved scheme of remediation must not commence until:

 

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

b)    The contaminated land assessment shall 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 shall 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 shall be submitted to the local planning authority for approval.

 

7. Before the commencement of the development hereby approved:

 

Where the site investigation identifies unacceptable levels of contamination, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment shall be submitted to and approved in writing by the local planning authority.  The submitted scheme shall have regard to relevant current guidance.  The approved scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria and site management procedures.  The scheme shall ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

The developer shall give at least 14 days’ notice to the Local Planning Authority and Environmental Health Division prior to commencing works in connection with the remediation scheme.

 

8. No dwellings hereby approved shall be occupied until:

 

a)    The approved remediation works required by 7 above have been carried out in full in compliance with the approved methodology and best practice.

b)    If during the construction and/or demolition works associated with the development hereby approved any suspected areas of contamination are discovered, which have not previously been identified, then all works shall be suspended until the nature and extent of the contamination is assessed and a report submitted and approved in writing by the local planning authority and the local planning authority shall be notified as soon as is reasonably practicable of the discovery of any suspected areas of contamination.  The suspect material shall be re-evaluated through the process described in 6b to 7 above and satisfy 8a above.

c)     Upon completion of the remediation works required by 7 and 8a above a validation report prepared by a competent person shall be submitted to and approved in writing by the local planning authority.  The validation report shall include details of the remediation works and Quality Assurance/Quality Control results to show that the works have been carried out in full and in accordance with the approved methodology.  Details of any validation sampling and analysis to show the site has achieved the approved remediation standard, together with the necessary waste management documentation shall be included.

 

9. The development hereby approved shall not be brought into use until the access facilities have been provided as shown on drawing ‘Site Plan and Ground Floor Plan Plots 1-6’ (Drawing no. 23 946 2 Rev. B, received 17 January 2025).

 

10. No dwelling in the development hereby approved shall be occupied until sheltered, secure and accessible bicycle parking has been provided in accordance with details which shall first be submitted to and approved in writing by the Local Planning Authority.  The storage area shall be maintained for this purpose thereafter.

 

11. Prior to commencement of the development hereby permitted details of a construction management plan shall be submitted to and approved in writing by the Local Planning Authority.  The approved plan shall be adhered to throughout the demolition/construction period. The plan/statement shall include but not be restricted to:

 

·       Parking of vehicles of site operatives and visitors (including measures taken to ensure satisfactory access and movement for existing occupiers of neighbouring properties during construction);

·       Locations for loading/unloading and storage of plant, waste and construction materials; Method of preventing mud and dust being carried onto the highway;

·       Arrangements for turning vehicles;

·       Arrangements to receive abnormal loads or unusually large vehicles;

·       Highway Condition survey;

·       Methods of communicating the Construction Management Plan to staff, visitors and neighbouring residents and businesses.

 

12. Prior to their use on the development, details of the below shall be submitted to and approved in writing by the local planning authority:

 

·       Sample of brick and stone;

·       Sample of slate / ridge tiles;

·       Sample panel of lime pointing;

·       Details of stone stringcourse;

·       1:20 details of windows and doors, including showing windows set back in 100mm reveal;

·       Details of glass balustrades and screen to full height openings;

·       Details of conservation rooflights;

·       Details of cast aluminium rainwater goods / rise and fall brackets;

·       Hard and soft landscaping (details of steps, retaining walls / features, coping stones, balustrades, and any paving scheme, including threshold paving).

 

The development shall be implemented and retained in accordance with the approved details.

 

13. Notwithstanding the provisions of Parts 2 and 14 of Schedule 2, Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 as amended (or any Order revoking and re-enacting that Order) none of the dwellings hereby permitted shall be altered externally, including: the erection of gates, fences or walls; exterior painting; or the installation of solar panels or any other external energy equipment, unless planning permission has first been granted by the Local Planning Authority.

 

14. No clearance of scrub or trees should be undertaken between 1^st March and 31^st August inclusive, unless a competent ecologist has undertaken a careful, detailed check for active birds’ nests immediately before the work is commenced. If any active nests are discovered then these should be left undisturbed until the birds have fledged with an appropriate buffer surrounding the nest.

 

15. Prior to the installation of external lighting fixtures, a detailed lighting plan shall be submitted to and approved in writing by the local planning authority to ensure luminaires are positioned to avoid lightspill to biodiversity features, including bat and bird boxes. This should provide details of the chosen luminaires, their locations, and any mitigating features such as dimmers, PIR sensors and timers.  Guidelines can be found in Guidance Note 08/23 - Bats and Artificial Lighting at Night (BCT and ILP, 2023). Such approved measures will be implemented in full.

 

16. Notwithstanding the Sparrow Terraces shown on the approved Elevations Plan (Drawing no. 23 946 5 Rev. C), Swift Bricks shall be installed instead of the Sparrow Terraces, in accordance with the British Standard BS 42021:2022, at a ratio of 1:1 with the dwellings hereby approved.

 

17. No development shall take place other than in accordance with the archaeological Written Scheme of Investigation undertaken by Archaeological Research Services Ltd (report 2024/49), received 01^st July 2024.

 

18. The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the archaeological Written Scheme of Investigation and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured.

 

19. Prior to occupation of any of the dwellings hereby approved, full details of bin storage facilities, including plans of the enclosure and provisions for refuse collection, shall be submitted to and agreed in writing by the Local Planning Authority.

 

 

 

20. There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority. If discharge to public sewer is proposed, the information shall include, but not be exclusive to:-

 

a)    evidence to demonstrate that surface water disposal via infiltration or watercourse are not reasonably practical;

b)    evidence of existing positive drainage to public sewer and the current points of connection; and

c)     the means of restricting the discharge to public sewer to the existing rate less a minimum 30 % reduction, based on the existing peak discharge rate during a 1 in 1 year storm event, to allow for climate change.

 

21. Subject to acceptance of any SuDS design by Derbyshire County Council (Lead Local Flood Authority), an Operation and Maintenance Plan (in accordance with section 32 of the SuDS Manual) must be submitted to and approved in writing by the Local Planning Authority prior to occupation of any of the dwellings, which provides details of the arrangements for the lifetime management and maintenance of the SuDS features together with contact details.

 

Informatives

 

1. The development hereby approved and any associated highway works required, is likely to impact on the operation of the highway network during its construction (and any demolition required). You are advised to contact the Highway Authorities Network Management Team at www.derbyshire.gov.uk/transport-roads/roadstraffic/roadworks/roadworks.aspx before undertaking any work, to discuss any temporary traffic management measures required, such as footway, Public Right of Way, carriageway closures or temporary parking restrictions a minimum of eight weeks prior to any activity on site to enable Temporary Traffic Regulation Orders to be prepared and a programme of Temporary Traffic Management measures to be agreed.

 

2. It is expected that contractors are registered with the Considerate Constructors scheme and comply with the code of conduct in full, but particularly reference is made to “respecting the community” this says: Constructors should give utmost consideration to their impact on neighbours and the public

 

·       Informing, respecting and showing courtesy to those affected by the work;

·       Minimising the impact of deliveries, parking and work on the public highway;

·       Contributing to and supporting the local community and economy; and,

·       Working to create a positive and enduring impression, and promoting the Code.

 

3. The Construction Management Plan should clearly identify how the principal contractor will engage with the local community; this should be tailored to local circumstances. Contractors should also confirm how they will manage any local concerns and complaints and provide an agreed Service Level Agreement for responding to said issues.

 

 

 

4. Contractors should ensure that courtesy boards are provided, and information shared with the local community relating to the timing of operations and contact details for the site coordinator in the event of any difficulties.

 

5. The proposed development is situated within a Smoke Control Area. This has legal implications for the type of solid fuel appliance which may be installed in the proposed development and types of solid fuel which may be burnt in these appliances.  Further information is available at https://www.gov.uk/smoke-controlarea-rules.

 

6. The sewer records show a public sewer within the area of the proposed work.  The applicant should also 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.

 

7. All proposals regarding drainage will need to comply with Part H of the Building Regulations 2010.

 

8. 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.

 

9. The developer is proposing to discharge surface water to public sewer however, sustainable development requires appropriate surface water disposal.   Yorkshire Water promote the surface water disposal hierarchy and the developer must provide evidence to demonstrate that surface water disposal via infiltration or watercourse are not reasonably practical before considering disposal to public sewer.

 

10. The developer will be required to provide evidence of existing positive drainage to a public sewer from the site to the satisfaction of Yorkshire Water and the Local Planning Authority by means of physical investigation.  On-site attenuation, taking into account climate change, will be required before any discharge to the public sewer network is permitted.

 

11. Derbyshire Fire and Rescue Service have no objections subject to the following:

 

·       Access for emergency service vehicles, both during the demolition and construction phases of the proposal, should be provided in accordance with Approved Document B (Vols 1 and 2) Section B5.

·       Site details should be provided to Derbyshire Fire and Rescue Service with contact details and expected timeframes for the build.

·       A full Building Regulations Consultation.

 

 

12. The proposed development is situated within a Smoke Control Area. This has legal implications for the type of solid fuel appliance which may be installed in the proposed development and types of solid fuel which may be burnt in these appliances.  Further information is available at https://www.gov.uk/smoke-controlarea-rules.

 

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.

 

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.