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 mixed-use development comprising of up to 6,500 sqm of employment units, retention of existing 2,270 sqm offices, 2 retail units (total gross area up to 3,200 sqm, one being for discount food retail), and a drive-thru takeout unit including associated parking, infrastructure and access.

The Committee was adjourned at 10:41 hours to allow reading of the supplementary document which included formally submitted to and approved in writing representations made by Mr. Turner and Cllr. Donna Hales, as well as a further consultation response received from the Derbyshire Wildlife Trust.

 

The meeting was reconvened at 10:44 hours.

 

The Development Management and Land Charges Manager informed the recommended condition 29 of the supplementary document had an omission of phasing and it was requested, if approved by Committee, figure 29 would be amended to read: “29.Before the development hereby approved commences on an approved phase of the development, an employment scheme to enhance and maximise employment and training opportunities during the construction of that phase shall be formally submitted to and approved in writing by the Local Planning Authority.  The approved Scheme shall then be implemented in full unless in accordance with any such subsequent variations as shall have been formally submitted to and approved in writing by the Local Planning Authority”.

 

Bob Woollard spoke in favour of the application (the agent).

 

To a question regarding Mr. Turner’s representation in the supplementary document, the agent informed current tenants would have their accommodation prioritised and their transition to a new unit would not occur instantaneously.

 

The new units would also prove highly efficient, reducing future tenants’ energy usage and costs.

 

It was stated the applicant’s intentions was not to prioritise short-term profit, but to promote and support local businesses and local communities throughout the long-term.

 

In response to the representations in the supplementary document, a Member stated the view of the site from Bolsover Castle would likely improve from its current appearance.

 

To a question on the application’s effect on the Council’s Local Plan, the Senior Devolution Lead for Planning Policy, Strategic Growth and Housing informed the Council maintained its evaluation of its Local Plan and would keep under review the strategy and impact of the size and benefit of the application on Bolsover Town.

 

The Chair agreed with the previous statement the development would likely improve the current appearance of the site from Bolsover Castle.  It was added, due to other local developments in the District and in North East Derbyshire District, the development would provide additional incentive to make use of existing businesses and services in Bolsover Town and not detract from them.

 

Moved by Councillor Tom Munro and seconded by Councillor Rob Hiney-Saunders

RESOLVED that application no. 23/00180/OUT be APPROVED with the below             conditions following the prior entry into S.106 agreement to secure the travel plan    monitoring contribution:

 

1. Application for approval of all reserved matters must be made not later than the expiration of three years from the date of this permission.  The development hereby permitted must be begun not later than the expiration of two years from the final approval of the reserved matters, or in the case of approval of such matters on different dates, the date of the final approval of the last such matter to be approved.

 

2. An application for details of the following matters (hereafter referred to as the “reserved matters”) shall be submitted to and approved in writing by the Local Planning Authority before the commencement of any works:-

 

a)    the scale of the development;

b)    the layout of the development;

c)     the external appearance of the development, and;

d)    the landscaping of the site.

 

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

 

3. The development hereby permitted shall be carried out in accordance with the approved drawings and documents unless specifically stated otherwise in the conditions below:

 

·       Location Plan (Rayner Davies Architects, 20^th February 2023), reference: 1989(02)001 Rev.B

·       Site Layout (CPMG, 06^th March 2025), reference: 9586-CPMG-01-00-D-A-0003 Rev.P2

·       Design and Access Statement (P&DG, received 02^nd May 2023) insofar as it relates to the approved site layout

·       Landscape and Visual Appraisal (DSA, 07^th March 2023) insofar as it relates to the approved site layout

·       Heritage Impact Assessment (Marrons, March 2023), reference: 22-039 insofar as it relates to the approved site layout

·       Flood Risk Assessment & Drainage Strategy (bsp Consulting, 22^nd April 2025), reference: BBPD-BSP-XX-XX-T-W-0001-P06_Flood_Risk_Assessment

·       Surface Water Drainage Strategy Plan (bsp Consulting, 22^nd April 2025), reference: BBPD-BSP-XX-XX-DR-W-0001 Rev.P06

·       Phase 1 Geotechnical & Geo-environmental Site Investigation (Eastwood, 07 March 2023), reference: 47985-ECE-XX-XX-RP-C-0001

·       Transport Assessment (M-EC Consulting, December 2024), reference: 21227-TRAN-0801 Rev B

·       Transport Assessment Addendum (M-EC Consulting, April 2025), reference: 21227-TRAN-0803

·       Travel Plan (M-EC Consulting, December 2024), reference: 21227-TRAN-0802 Rev B

·       Proposed Access Design and Vehicle Tracking (M-EC Consulting), reference: 21227_08_020_04 Rev.F

·       Supporting Planning & Retail Statement (P&DG, March 2023)

·       Business Retention & Economic Strategy (P&DG, May 2024)

·       Supplementary Retail Statement (Lichfields, May 2024)

·       Retail Addendum Briefing Note (Lichfields, 18^th November 2024), reference: 67394/01

·       Further Retail Addendum (Lichfields, 06 March 2025), reference: 67394/01

·       BNG Metric (received 04^th April 2025)

·       Ecological Appraisal (Rachel Hacking Ecology, June 2023)

·       Bat Survey Report (RammSanderson, February 2025) reference, and; RSE_8359_R1_V2.

 

4. Prior to the commencement of any development, a Phasing Plan for the implementation of the approved development shall be submitted to and approved in writing by the Local Planning Authority.  The Phasing Plan shall include details of the timing and order of all development phases, including the delivery of highway works, drainage infrastructure, open space, landscaping, and all buildings.  The development shall thereafter be carried out in accordance with the approved Phasing Plan unless otherwise agreed in writing by the Local Planning Authority.

 

Use and General Restrictions

 

5. The development shall include the retention of the Former Colliery Headquarters building and be in accordance with the mix of new uses set out on Site Layout Plan dated 6^th March 2025, numbered 9586-CPMG-01-00-D-A-0003 Rev P2.  The units and/or floorspaces for each use shall not exceed the following:

 

Use	Maximum Floorspace
Convenience (Food Store) Retail	1 no. unit with a maximum gross internal area of 1,886 sq. m and maximum net sales area of 1,320 sq. m
Comparison (Bulky Goods) Retail	1 no. unit with a maximum gross internal floorspace of 1,150 sq. m and maximum net sales area of 805 sq. m.
Employment E(g) (i), (ii) and (iii), B2 and B8	6,500 sq. m
Drive Thru (Sui Generis)	85 sq. m

 

6. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 and the Town and Country Planning (General Permitted Development) (England) Order (2015) (as amended) or any Order revoking, re-enacting, or modifying those Orders, the 1 no. comparison retail unit shall be used for the retail sale of DIY goods, garden goods, furniture, carpets and floor coverings, electrical goods, camping, boating and caravanning goods, motor and cycle goods only and used for no other purposes, including any other activity within the same class of the schedule to the Use Classes Order.

 

7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), there shall be no sub-division, addition, extension or enlargement of the 2 no. retail units hereby approved.

 

 

8. Notwithstanding the provisions of the Town and Country Planning (Uses Classes) Order 1987 and the Town and Country Planning (General Permitted Development) (England) Order (2015) (as amended) or any Order revoking, re-enacting, or modifying those Orders the new employment floorspace shall be used for E(g) (i), (ii) and (iii), B2 and B8 use only and for no other purposes, including in the case of use class E (g) (i), (ii) and (iii) any other activity within the same class of the schedule to that Order.

 

Highways

 

9. No phase of the development shall be brought into use/occupied until the access, parking and turning facilities for that phase have been provided in accordance with drawing 21227-08-020-04 Rev F or details agreed in respect of a subsequent approval of reserved matters application.

 

10. The Travel Plan (TP Rev B) hereby approved, dated December 2024 shall be implemented and monitored in accordance with the regime contained within the Travel Plan and phasing plan.  In the event of failing to meet the targets within the Plan a revised Plan shall be submitted to and approved in writing by the Local Planning Authority to address any shortfalls, and where necessary make provision for and promote improved sustainable forms of access to and from the site.  The Plan thereafter shall be implemented and updated in agreement with the Local Planning Authority and thereafter implemented as amended.

 

11. Prior to commencement of any phase of the development hereby permitted details of a Construction Management Plan (CMP), for that phase, 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 vehicle of site operatives and visitors (including measures taken to ensure satisfactory access and movement for existing occupiers of neighbouring properties during construction);

·       Advisory routes for construction traffic;

·       Any temporary access to the site;

·       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.

 

Contamination and Air Quality

 

12. Before the commencement of the development hereby approved:

 

The site investigation strategy, for that phase, as identified in the Desk Study report Ref 47985-XX-XX-CO-C-0001 submitted with the application shall be undertaken by a competent person in accordance with the current UK requirements for sampling and analysis.

 

Where the site investigation identifies unacceptable levels of contamination, a detailed remediation scheme to bring the phase 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 (Environmental Health Division) prior to commencing works in connection with the remediation scheme.

 

13. No development hereby approved shall be occupied until:

 

a)    The approved remediation works, for the relevant phase, required by condition 12 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, 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 the Phase I contaminated land assessment (desk-study) ref 47985-XX- XX-CO-C-0001 submitted with the application and through the process described in condition 11 above.

 

c)     Upon completion of the remediation works required by condition 12 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.

 

14. Before the commencement of construction works, on any phase, 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, for that phase, shall be submitted to and approved in writing by the Local Planning Authority.  The construction shall be undertaken in accordance with the approved scheme.

 

 

Drainage

 

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

 

a)    Additional information in response to LLFA comments, Tom Hall, 17/04/2025, Revised Site Layout, NG, Revision P2, 06/03/2025, Surface Water Drainage Strategy Plan, Tony Goddard, Revision P06, 22/04/2025, Flood Risk Assessment & Drainage Strategy, Tom Hall, Revision P06, 22/04/2025.

 

b)    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.

 

16. No development shall take place, in any phase, until a detailed assessment has been provided to and approved in writing by the Local Planning Authority, to demonstrate that the proposed destination for surface water, for that phase, accords with the drainage hierarchy as set out in paragraph 56 Reference ID: 7-056-20220825 of the planning practice guidance.

 

17. Prior to commencement of the development, in any phase, the applicant shall submit for approval to the Local Planning Authority details indicating how additional surface water run-off from the site, for that phase, will be avoided during the construction phase.  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 LPA, before the commencement of any works, which would lead to increased surface water run-off from site during the construction phase.

 

18. The site shall be developed with separate systems of drainage for foul and surface water on and off site.

 

19. No development shall take place, in any phase, until details of the proposed means of disposal of foul water drainage for the relevant phase, including details of any balancing works, off-site works and phasing of the necessary infrastructure have been submitted to and approved by the Local Planning Authority.  Furthermore, unless otherwise approved in writing by the Local Planning Authority, no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

 

20. No construction works shall commence, in any phase, until measures to protect the public sewerage infrastructure that is laid within the site boundary have been implemented in full accordance with details that have been submitted to and approved by the Local Planning Authority.  The details shall include but not be exclusive to the means of ensuring that access to the pipe for the purposes of repair and maintenance by the statutory undertaker is retained at all times.

 

 

 

 

Heritage and Archaeology

 

21. No excavation of land outside of the developed part existing employment site shall take place until a Written Statement of Investigation (WSI) has been submitted to, and approved in writing by, the Local Planning Authority.  The scheme shall include an assessment of the significance and research questions; and

 

a)    The programme and methodology of site investigation and recording.

b)    The programme for post investigation assessment.

c)     Provision to be made for analysis of the site investigation and recording.

d)    Provision to be made for the publication and dissemination of the analysis and records of the site investigation.

e)    Provision to be made for archive deposition of the analysis and records of the site investigation.

f)      Nomination of a suitably qualified, competent and experienced archaeological contractor or organisation to undertake the works set out within the Written Statement of Investigation.

 

No demolition works shall be undertaken other than in accordance with the Written Scheme of Investigation as approved by the Local Planning Authority.

 

The development shall not be operational/brought into use until the site investigation and post investigation assessment has been completed in accordance with the programme set out within the approved Written Scheme of Investigation and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured.

 

Any historic or archaeological features not previously identified which are revealed when carrying out the works hereby permitted shall be retained in-situ and reported to the Local Planning Authority in writing within 2 working days.  Works shall cease in the area/part of the building affected until provision has been made for the retention and/or recording in accordance with details submitted to and approved in writing by, the Local Planning Authority.

 

CEMP

 

22. No development shall commence, in any phase, including any works of demolition, until a detailed Construction and Environmental Management Plan (CEMP), for that phase, has been submitted to and approved in writing by the Local Planning Authority.  The CEMP shall include, but not be limited to, the following details (where appropriate):

 

                          i.          a construction programme including a 24-hour emergency contact number;

                        ii.          complaints procedures, including complaint response procedures;

                       iii.          air quality mitigation measures, including dust suppression;

                       iv.          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);

                        v.          arrangements to demonstrate how any concurrent construction with HS2 works shall not impede the construction of the HS2 works;

                       vi.          arrangements to minimise the potential for noise and vibration disturbance;

 

                     vii.          locations for loading/unloading and storage of plant and materials used in constructing the development;

                    viii.          details showing the siting, design and maintenance of security hoardings;

                       ix.          wheel washing facilities and measures to control the emission of dust and dirt during construction;

                        x.          site lighting details;

                       xi.          site drainage control measures;

                     xii.          tree protection measures in accordance with BS 5837:2012;

                    xiii.          details of ecological mitigation measures including an operational lighting scheme for bats;

                    xiv.          details of specific mitigation in relation to breeding or foraging black redstart;

                     xv.          details of biodiversity and arboricultural mitigation measures including a pre-commencement check by an ecological clerk of works (ECoW) to determine whether nesting birds are present;

                    xvi.          a scheme for recycling/disposing of waste resulting from demolition and construction works in accordance with the waste hierarchy and circular economy principles;

                  xvii.          An Unexploded Ordnance assessment to be undertaken;

                 xviii.          Membership of the Considerate Constructors Scheme.

 

The phase of development, including any works of demolition, shall only be carried out in accordance with the approved CEMP for that phase.

 

23. No development shall commence, in any phase, including any works of demolition, until a detailed Construction Logistics Plan (CLP), for that phase, has been submitted to and approved in writing by the Local Planning Authority. The CLP shall include information on:

 

                          i.          forecast programme and construction trips generated;

                        ii.          booking systems;

                       iii.          consolidated or re-timed trips; and

                       iv.          secure off-street loading and drop off facilities;

                        v.          use of logistics and consolidation centres;

                       vi.          re-use of materials on-site;

                     vii.          collaboration with other sites in the area;

                    viii.          use of rail and water for freight; and

                       ix.          implementation of a staff travel plan

                        x.          any areas for the 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).

 

The development, including any works of demolition, shall only be carried out in accordance with the approved CLP.

 

Biodiversity and Ecology

 

24. The installation of insulation within the roof void of Building D shall not commence until a Precautionary Method of Works (PMW) has been submitted to the LPA for approval to safeguard the known bat roosts in the building.  The PMW shall include the requirement for a toolbox talk and pre-works inspection of the roof void by a suitably qualified ecologist.  It shall also specify details of the timings and method of installation to avoid disturbance and prevent any obstruction to the existing roosts.  The works shall proceed strictly in accordance with the agreed PMW.  If any requirement for licensing is identified during the pre-works check, works shall be delayed until an appropriate licence has been granted by Natural England.

 

25. Prior to the installation of lighting fixtures, a detailed lighting strategy shall be submitted to and approved in writing by the LPA, to safeguard known onsite bat roosts and avoid lightspill to areas of green space.  This should provide details of the chosen luminaires, their locations and any mitigating features such as dimmers, PIR sensors and timers.  Dependent on the scale of proposed lighting, a lux contour plan may be required to demonstrate acceptable levels of lightspill to any sensitive ecological zones/features.  The Strategy should refer to Guidance Note 08/23 – Bats and Artificial Lighting at Night (BCT and ILP, 2023) and explain how proposals have been designed in compliance with this document. Such approved measures will be implemented in full.

 

26. No development shall take place in any phase (including demolition, ground works, vegetation clearance and movement of plant, machinery and materials) until a Biodiversity Construction Environmental Management Plan (CEMP: Biodiversity), for that phase, has been submitted to and approved in writing by the Local Planning Authority. The CEMP (Biodiversity) shall be produced by an ecologist and shall include the following:

 

a)    Risk assessment of potentially damaging construction activities;

b)    Identification of “biodiversity protection zones”, including the southern open space and specific features of value previously recorded on site, including orchids and other notable plants in both the south and west of the site, and bat roosts in Building D;

c)     Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction, to include precautionary working measures for reptiles and amphibians and nesting birds;

d)    The location and timing of sensitive works to avoid harm to biodiversity features;

e)    Measures to prevent spread and remove Japanese knotweed from the site;

f)      The times during construction when specialist ecologists need to be present on site to oversee works;

g)    Responsible persons and lines of communication;

h)    The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person;

i)      Use of protective fences, exclusion barriers and warning signs.

 

The approved Biodiversity CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority

 

27. A Landscape and Biodiversity Enhancement and Management Plan (LBEMP) for each approved phase of development shall be submitted to, and be approved in writing by, the Local Planning Authority prior to the commencement of development in that phase.  The LBEMP shall provide details for the creation, enhancement and management of habitats and species on the site post-development, in accordance with the proposals set out in the approved Biodiversity Metric.  The LBEMP should combine both the ecology and landscape disciplines and shall be suitable to provide to the management body responsible for the site. It shall include the following:-

 

a)    Description and location of features to be retained, created, enhanced and managed, to meet, as a minimum, the post development habitat units set out in the BNG Metric received 4th March 2025;

b)    Aims and objectives of management, in line with desired habitat conditions detailed in the metric;

c)     Prescriptions for management actions, using appropriate management methods to achieve aims and objectives;

d)    Preparation of a work schedule (including a 30-year work plan capable of being rolled forward in perpetuity);

e)    Details of the body or organization responsible for implementation of the plan;

f)      A monitoring schedule to assess the success of the habitat creation and enhancement measures at intervals of 1, 3, 5, 10, 20 and 30 years;

g)    Monitoring reports to be sent to the Council at each of the intervals above;

h)    A set of remedial measures to be applied if conservation aims and objectives of the plan are not being met;

i)      Requirement for a statement of compliance upon completion of planting and enhancement works;

j)      Detailed habitat enhancements for wildlife, in line with British Standard BS 42021:2022:

a.     universal nest boxes and/or swift boxes on buildings;

b.     integrated and/or external bat boxes on buildings and mature trees;

c.     insect bricks and / or towers in public open space;

d.     fencing gaps 130 mm x 130 mm to maintain connectivity for hedgehogs

 

The LBEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The approved plan will be implemented in accordance with the approved details.

 

Other

 

28. An appropriate programme of building recording (including architectural/historical analysis) shall be carried out in respect of the former colliery buildings, including the pithead baths, goods sheds and former manager’s house prior to their demolition.  This record shall be carried out by an archaeologist/building recorder or an organisation with acknowledged experience in the recording of standing buildings which is acceptable to the Local Planning Authority.  The recording shall be carried out in accordance with a written specification, and presented in a form and to a timetable, which has first been agreed in writing by the Local Planning Authority.

 

29. Before the development hereby approved commences on an approved phase of the development, an employment scheme to enhance and maximise employment and training opportunities during the construction of that phase shall be formally submitted to and approved in writing by the Local Planning Authority.  The approved Scheme shall then be implemented in full unless in accordance with any such subsequent variations as shall have been formally submitted to and approved in writing by the Local Planning Authority.

 

30. Within 6 weeks prior to any new employment unit falling within Use Class E(g) (i) (ii) (iii), B2 and B8 hereby approved being brought into first use, an Employment Scheme to enhance and maximise employment and training opportunities at the premises, including a timetable for implementation, shall be submitted to and approved in writing by the Local Planning Authority.  The approved Scheme shall then be implemented in full in accordance with the approved timetable.

 

31. The development hereby approved shall not exceed 2 storeys in height and, other than the surface water drainage infrastructure, no development shall take place on the undeveloped fields to the southeast of the existing employment site and north of the A632.

 

32. Any future approval of reserved matters application shall seek to maximise connectivity to footpath and cycle infrastructure, including existing and proposed multi-user trails, to facilitate travel to the site by means other than the private motor vehicle.

 

33. Prior to works commencing on the superstructure of the retail and employment buildings hereby approved a scheme setting out the measures to be incorporated into construction of the units to help address and adapt to climate change shall be submitted to and approved in writing by the Local Planning Authority.  The development shall thereafter be carried out in accordance with the approved details.

 

INFORMATIVES:

 

If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority.

 

 

The applicant is advised that construction work and deliveries associated with such activity 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 construction work or deliveries associated with such

activity to the site on Sundays or public holidays.

 

The applicant is advised that the application site is located partially within land that may be required to construct and/or operate Phase 2b of a high-speed rail line from the West Midlands to Leeds, known as High Speed Two. Powers to construct and operate High Speed Two are to be sought by promoting a hybrid Bill in Parliament.  More information can be found at: https://www.hs2.org.uk/in-your-area/local-community-webpages/eastern-leg/.

 

The development hereby approved includes the construction of new highway.  To be considered for adoption and ongoing maintenance at the public expense it must be constructed to the Highway Authority’s standards and terms for the phasing of the development.  You are advised that you must enter into a highway agreement under Section 38 of the Highways Act 1980.  The development will be bound by Sections 219 to 225 (the Advance Payments Code) of the Highways Act 1980. Contact the Highway Authority’s Implementation Team at development.implementation@derbyshire.gov.uk.  You will be required to pay fees to cover the Councils cost's in undertaking the following actions:

 

·       Drafting the Agreement

·       Set up costs

·       Approving the highway details

·       Inspecting the highway works.

 

You should enter into discussions with statutory undertakers as soon as possible to coordinate the laying of services under any new highways to be adopted by the Highway Authority.  The Highway Authority’s technical approval inspection fees must be paid before any drawings will be considered and approved.  Once technical approval has been granted a

Highway Agreement under Section 38 of the Highways Act 1980 must be completed and the bond secured.

 

The development hereby approved includes the carrying out of work on the adopted highway.  You are advised that before undertaking work on the adopted highway you must enter into a highway agreement under Section 278 of the Highways Act 1980 with the County Council, which would specify the works and the terms and conditions under which they are to be carried out.  Contact the Highway Authority’s Implementation team at development.implementation@derbyshire.gov.uk allowing sufficient time for the preparation and signing of the Agreement.  You will be required to pay fees to cover the Councils costs in undertaking the following actions: Drafting the Agreement A Monitoring Fee Approving the highway details Inspecting the highway works Planning permission is not permission to work in the highway.  A Highway Agreement under Section 278 of the Highways Act 1980 must be completed, the bond secured, and the Highway Authority’s technical approval and inspection fees paid before any drawings will be considered and approved.

 

The construction of a new access may require a footway crossing from the carriageway under the Highways Act 1980 - Section 184 and the Applicant s required to obtain the permission of Derbyshire Highways details can be found at www.derbyshire.gov.uk/transport-roads/roadstraffic/licences-enforcements/vehicularaccess/vehicle-accesses-crossovers-and-droppedkerbs.aspx or email highways.hub@derbyshire.gov.uk before commencing any works on the highway.

 

Drainage arrangements shall be provided to ensure that surface water from the driveway and/or vehicular turning area does not discharge onto the public highway.  No drainage or effluent from the proposed development shall be allowed to discharge into any highway drain or over any part of the public highway.

 

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 a. Informing, respecting and showing courtesy to those affected by the work; b. Minimising the impact of deliveries, parking and work on the public highway; c. Contributing to and supporting the local community and economy; and d. Working to create a positive and enduring impression, and promoting the Code.  The CMP 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.  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.  This does not offer any relief to obligations under existing Legislation.

 

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/transportroads/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.

 

All new streets must be tree lined as required in the National Planning Policy Framework.  All proposed street trees must be suitable for transport corridors as defined by Trees and Design Action Group (TDAG).  Details should be provided of what management systems are to be included, this includes root protections, watering and ongoing management.  Street trees are likely to be subject to a commuted sum.

 

In respect of surface water drainage matters, the applicant’s attention is drawn to the detailed informative set out in the consultation comments received from the Lead Local Flood Authority dated 25^th April 2025.

 

Severn Trent Water have advised that any surface water run-off from hardstanding (equal to or greater than 800 square metres) and/or communal car parking area(s) of more than 50 spaces must pass through an oil, petrol and grit interceptor/separator of adequate design prior to any discharge to an existing or prospectively adoptable sewer.

 

This planning permission shall be read in conjunction with the accompanying legal agreement under Section 106 of the Town and Country Planning Act 1990 dated ……………

 

Statement of Decision Process

 

The Local Planning Authority have worked positively and proactively with the applicant to secure amendments to the proposals and additional information which have overcome concerns with regard to the impact of the development on the landscape, heritage, viability of Bolsover Town Centre and ecology.

 

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.