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 erection of single front and side extensions.

This planning application had been referred to the Committee as the occupier of the dwelling (and applicant of the proposal) was a Member of the Council.  This was to ensure that any decision taken was fully transparent.

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

A Member noted this was a straightforward application.  A Member agreed, stating this was not a Planning concern.

To a question on the established biodiversity on site with regards the intended erection of a 2 metre high fence, the Development Management and Land Charges Manager noted some existing hedge and young trees / shrubs could be affected by the proposal and the Committee could encourage the retention of existing vegetation within an informative.

Moved by Councillor Phil Smith and seconded by Councillor Tom Munro

RESOLVED that application no. 25/00153/FUL be APPROVED subject to the following        conditions:

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

2. The development must be carried out in accordance with revised drawings received by the council on 7^th April 2025.

3. The external wall and roof materials used in the development must be of the same type, texture, and colour as those used in the existing building unless otherwise approved in writing by the local authority.

Reasons for Conditions:

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, SC1, SC2 and SC3 of the Local Plan for Bolsover District.

3. To ensure a satisfactory standard of external appearance in compliance with policies SS1, SC1, SC2 and SC3 of the Local Plan for Bolsover District.

Notes to the Applicant:

1. The sewer records do not show any public sewers within the curtilage of the site.  However, the applicant should 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 Severn Trent Water in order to determine their responsibilities under the relevant legislation.

2. All proposals regarding drainage will need to comply with Part H of the Building Regulations 2010.  In addition, any connections or alterations to a watercourse will need prior approval from the Derbyshire County Council Flood Team, who are the Lead Local Flood Authority.

3. This application is considered to be one which will not require the approval of a biodiversity gain plan before development is begun, because one or more of the statutory exemptions or transitional arrangements are considered to apply.  However, you are still required to observe the statutory requirements of the Biodiversity Net Gain Plan Advice Note provided below.

Statement of Decision Process

The proposal complies with the adopted policies and guidance documents of Bolsover District Council.  The decision has been taken in accordance with those documents and the objectives 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.