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 the incorporation of land into garden space, the erection of an outbuilding for domestic storage, the retention of a pergola and gates, the removal of sheds and a green house, and the installation of a boundary fence.

It was noted that Councillors Catherine Tite, Tom Munro and Phil Smith had attended the site visit on 6^th June 2025.

At 15:19 hours on the 9^th June, the Council had received further correspondence from the occupant of a neighbouring property who had already made representations on the application that were referenced and considered in the officer’s report.  In the further representations received the neighbour had emphasised that care was taken when converting the range of former farm buildings to protect and enhance the countryside and these principles should not just be in a ‘one off’ but in perpetuity.

They had advised that garages were specifically excluded, and areas of hardstanding were detailed for vehicles at each property and boundary fences kept at a height and nature that deer can jump.  It was considered that the revised proposal far exceeded the original submission, and, in the way they had been presented (whether intended or not), if accepted would aid further changes in the future – with particular reference to the proposed garage being suitable for conversion.

Andrew Clarke spoke in favour of the application (the applicant).

A Member sought further guidance regarding Biodiversity Net Gain (BNG).  The Development Management and Land Charges Manager informed the application was exempt from the 10% BNG requirement.  The garage was to be built on an existing area of hardstanding.  The use of the paddock as garden and new planting would ensure no net biodiversity loss to satisfy development plan policy.

To a statement on the existing buildings, the Development Management and Land Charges Manager referred the Committee to Condition 5 which stated that within 90 days from the date of permission being granted the existing greenhouse and shed structures on the land (shown in the report within the blue line on the approved block plan) had to be permanently removed from the site.

To a question on a concern from the objector, the Development Management and Land Charges Manager explained that the area of land to be used as garden had been reduced so as to not extend beyond existing development to the south and that the garage building had been purposely designed to be a simple utilitarian building that would be closely associated with the main dwelling.  The policy relating to changes of use of buildings and land in the countryside was also referred to.

A Member thanked officers for their response.

Moved by Councillor Tom Munro and seconded by Councillor Phil Smith

RESOLVED that application no. 25/00084/FUL be APPROVED subject to the following        conditions:

1. The construction of the outbuilding hereby approved must be begun before the expiration of three years from the date of this permission.

2. The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans to which this decision notice relates, namely:

·       Drawing numbered: 33-76077-SHEET2 Rev A received by the Council on the 17^th of March 2025

·       Block Plan received by the Council on the 7^th of April 2025 showing the extent of land to be included as garden.

3. Before the construction of the outbuilding hereby approved commences on site, details of the external wall and roof materials, including the finish of the wall cladding, must be submitted to and approved in writing by the Local Planning Authority.  The outbuilding must be constructed in the approved materials with the approved finish to the cladding and must be maintained as such thereafter.

4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or in any Statutory Instrument revoking or reenacting that Order with or without modification) no buildings, structures, extensions, fences, gates, walls or other means of enclosure shall be erected within the extended garden area hereby approved without the prior written approval of the Local Planning Authority upon an application submitted to it.

5. Within 90 days of the date of this permission the existing greenhouse and shed structures on the land within the blue line on the approved block plan must be permanently removed from the site and the use of the land within the blue line on the approved block plan as garden must cease.

6. Notwithstanding the submitted details, within the first planting and seeding season following the date of this permission a physical/planted barrier must be formed along the boundary between the land within the red and blue lines on the approved block plan, details of which must have first received written approval from the local planning authority beforehand.  The approved barrier must be retained on site thereafter.

Reasons:

1. To comply with the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004.

2. To define the terms of this permission and for the avoidance of doubt, and to ensure a satisfactory standard of external appearance in compliance with policies SS1, SC2 and SC3 of the Local Plan for Bolsover District.

3. To ensure a satisfactory external appearance to comply with policies SS1, SC2 and SC3 of the Local Plan for Bolsover District.

4. To enable the Local Planning Authority to retain control over future development in accordance with policy SC8 of the Local Plan for Bolsover District.

5. To secure the removal of unauthorised domestic structures in the countryside to comply with policy SC8 of the Local Plan for Bolsover District.

6. To protect and prevent unacceptable encroachment in the countryside to comply with policies SS1, SC1, SC2 and SC3 of the Local Plan for Bolsover District.

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.

Councillor John Ritchie returned to the meeting at 10:21 hours.

Councillor John Ritchie in the Chair