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 from the Committee for proposed layout amendments following site investigations which revealed a public sewer crossing the site was in a different location to that shown on the public sewer record – the originally designed scheme could not be developed in the manner envisaged.

 

Additional representations had been received and provided in the supplementary document.

 

To a question on any noise survey completed, the Development Management and Land Charges Manager confirmed that noise modelling had been undertaken and measures incorporated into the scheme (including mechanical ventilation to the dwellings and acoustic fencing to ensure that noise levels would be within acceptable limits from habitable rooms and outside amenity space).

 

Moved by Councillor Tom Munro and seconded by Councillor Phil Smith

RESOLVED that upon receiving confirmation from the Derbyshire Wildlife Trust and the arrangements listed in the supplementary document will ensure no net loss of biodiversity, delegated authority be given to the Development Management and Land Charges Manager or Principal Planners to approve application no. 21/00331/FUL subject to prior entry into a S.106 legal agreement containing the obligations included in the recommendation on page 23 of the main report, and subject to the conditions listed on pages 23 – 33 of that report, including any revised or amended conditions as may be recommended by the Derbyshire Wildlife Trust:

 

A.    Limitation over the occupation of the dwellings to affordable housing.

B.    A contribution of £81,000 to be used by the Council for the provision for off-site biodiversity mitigation measures, including mechanisms for initial investigations, provision, and long-term management and maintenance.

 

AND 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 hereby permitted must be carried out in accordance with the following approved drawings and documents, unless otherwise required and / or approved under other conditions of this planning permission.

 

Documents submitted 21/05/2025:-

·       24-964-01C – Revised Layout;

·       24-964-02 – A Type Floor Plans and Elevations;

·       24-964-03 – A Type Floor Plans and Elevations;

·       24-964-04 – B Type Floor Plans and Elevations;

·       24-964-05 – F C Type Floor Plans and Elevations;

·       24-964-06 – C F Type Floor Plans and Elevations;

·       24-964-07 – D E Type Floor Plans and Elevations;

·       24-964-50 – Garden Areas Plan.

 

3.     Prior to the commencement of development, a Site Levels and Sections plan must be submitted to and approved in writing by the Local Planning Authority showing existing and proposed land levels and proposed finished floor levels for the proposed dwellings.  The development must be built in accordance with any plan approved under this condition.

 

4.     No development comprising the erection of any external walls shall take place until samples of the materials to be used in the construction of the external surfaces of the development, including the roof, have been submitted to and approved in writing by the Local Planning Authority.  The Development must be carried out in accordance with the approved details.  The materials to be used throughout the development must be consistent in terms of colour, size, and texture with the approved details.

 

5.     No development shall take place until full details of both hard and soft landscape work with an associated implementation plan, have been submitted to and approved in writing by the Local Planning Authority.  The hard landscape details must include means of enclosure, hard surfacing materials and street furniture, where relevant.  The soft landscaping works must include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants and trees, noting species, plant/tree sizes and proposed numbers/densities and the implementation programme.

 

All planting must be implemented in accordance with the approved details in the first available planting season following the completion of the development, or such longer period which has previously been approved in writing by the Local Planning Authority and shall be maintained for a period of 5 years from the agreed date of planting.  Any trees or plants which die, become diseased, or are removed during the maintenance period must be replaced with specimens of an equivalent species and size.

 

6.     Prior to the commencement of any development hereby approved, a scheme in the form of a Construction Management Plan (CMP) must be submitted to and approved in writing by the Local Planning Authority.  The submitted plan must include, but is not 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);

·       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;

·       Details for the methods to be employed to control and monitor noise, dust, and vibration impacts

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

·       Timescales for the implementation of the scheme.

 

The approved scheme must be implemented and adhered to in full accordance with the scheme as approved under this condition.

 

7.     Before the commencement of the development hereby approved:-

 

                          i.          a contamination site investigation must be carried out by a competent person in accordance with the current U.K. requirements for sampling and analysis and a report of the site investigation must have been submitted to, and approved in writing by, the Local Planning Authority.

 

                        ii.          Only where the site investigation required by 6i above 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, must have been submitted to and approved in writing by the Local Planning Authority.  The submitted scheme must have regard to CLR 11 and other relevant current guidance.  The approved scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria and site management procedures.  The scheme must 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 must give at least 14 days’ notice to the Local Planning Authority (Environmental Health Division) prior to commencing works in connection with the remediation scheme.

 

8.     No dwelling hereby approved will be occupied until:-

 

a)    Any approved remediation works required by 6 above have been carried out in full in compliance with the approved methodology and best practice in respect of that dwelling and its plot;

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 must 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 must be notified as soon as is reasonably practicable of the discovery of any suspected areas of contamination.  The suspect material must be re-evaluated through the process described in 6 above and satisfy 7a above;

c)     Upon completion of the remediation works required by 6 and 7a above, a validation report prepared by a competent person must be submitted to and approved in writing by the local planning authority.  The validation report must 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 must be included.

 

9.     No development shall commence until:

 

a)    a scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past shallow coal mining activity; and,

b)    any remediation works and / or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed.

 

The intrusive site investigations and remedial works must be carried out in accordance with authoritative UK guidance.

 

10. Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development must be submitted to the Local Planning Authority for approval in writing.  This document must confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.

 

11. No development will take place until a detailed design and associated management and maintenance plan of the surface water drainage for the site, in accordance with the principles outlined within:-

 

a)    ASC, Ltd. (Oct 2022), Flood Risk Assessment and Drainage Strategy Report, ref: SC128/FRA, including any subsequent amendments or updates as approved by the Flood Risk Management Team;

b)    Vista Architecture, March 2025, Dahlia Avenue South Normanton-Garden Areas Plan; and,

c)     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.

 

12. No development will take place 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 accords with the drainage hierarchy as set out in paragraph 56 Reference ID: 7-056-20220825 of the planning practice guidance.

 

13. Prior to commencement of the development, details indicating how additional surface water run-off from the site will be avoided during the construction phase must have been submitted to and approved in writing by Local Planning Authority.  The applicant may be required to provide collection, balancing and/or settlement systems for these flows.  The approved system must be operating to the satisfaction of the Local Planning Authority, before the commencement of any works, which would lead to increased surface water run-off from site during the construction phase.

 

14. No part of the development hereby permitted shall commence until an assessment of the risk to motorists using the M1 motorway as a result of glint and glare emitting from vehicle movements within the development or the proposed street lighting layout, has been carried out and any necessary mitigation scheme identified and has been approved in writing by the Local Planning Authority in consultation with Highways England.  The approved mitigation scheme must thereafter be constructed in accordance with the approved plans prior to first occupation of the development and maintained in perpetuity.

 

15. Prior to the occupation of any dwellings, street lighting and lighting for the proposed shared parking court serving plots 10 to 16, must have been provided and be made operational in accordance with details that must have previously been submitted to and approved in writing by the Local Planning Authority, that must be maintained and operational, as approved, at all times thereafter.

 

16. An updated acoustic assessment must be submitted to the Local Planning Authority for approval in writing prior to the commencement of the development.  A scheme of mitigation, as necessary in light of the results of the assessment, [covering façade, glazing and ventilation specifications] must achieve levels not exceeding 30dB LAeq (night) and 45dB LAmax (measured with F time weighting) for bedrooms, 35dB LAeq (day) for other habitable rooms, with window shut and other means of ventilation provided.  External amenity areas must be designed to meet the requirements of BS8233:2014.  Once approved the mitigation must be installed fully in accordance with the approved scheme and permanently maintained thereafter.

 

17. The development hereby approved must not be occupied until the access, parking and turning facilities have been provided as shown on drawing 24-964-01C.

 

18. The development hereby approved shall not be occupied until sheltered, secure and accessible bicycle parking has been provided in accordance with details which must first be submitted to and approved in writing by the Local Planning Authority.  The storage area must be maintained for this purpose thereafter.

 

19. Prior to the commencement of development, including preparatory site clearance, a detailed badger survey for any recently excavated badger setts on the site or within 30 metres of the site boundary should be undertaken.  The results and any appropriate mitigation / licensing requirements must be submitted to the Local Planning Authority for approval.  Such approved measures must be implemented in full.

 

20. Due to the presence of Japanese knotweed on adjacent land, prior to the commencement of the development, including preparatory site clearance, a survey for any recent establishment of this species within the site or along the site boundary should be undertaken.  The results and any appropriate mitigation requirements must be submitted to the Local Planning Authority for approval. Such approved measures must be implemented in full.

 

21. No development shall take place (including demolition, ground works, vegetation clearance and movement of plant, machinery and materials) until a Biodiversity Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority.  The CEMP (Biodiversity) must include the following:

 

a)    Risk assessment of potentially damaging construction activities;

b)    Identification of “biodiversity protection zones”;

c)     Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts on protected species and sensitive habitats during construction;

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

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

f)      Responsible persons and lines of communication;

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

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

 

The approved CEMP (Biodiversity) must 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.

 

22. Prior to building works commencing above foundation level, a Species Enhancement Plan must be submitted to and approved in writing by the Local Planning Authority.  Approved measures must be implemented in full and maintained thereafter.  The Plan must clearly show positions, specifications and numbers of features, which will include (but are not limited to) the following:-

 

·       21 integrated swift bricks (universal nest box) at ratio of 1:1, in line with British Standard 42021:2022.  Bricks should be integrated into the fabric of the dwellings;

·       3 external or internal bat boxes; and,

·       fencing gaps 130 mm x 130 mm to maintain connectivity for hedgehogs in all gardens.

 

23. A Landscape Enhancement and Management Plan (LEMP) shall be submitted to, and be approved in writing by, the LPA prior to the commencement of the development.  The aim of the LEMP is to provide details for the creation, enhancement and management of habitats and species on the site post development.  These should be in accordance with the proposals set out in the submitted Biodiversity Metric 4.0 prepared by Brindle and Green 2^nd November 2023.  The LEMP should combine both the ecology and landscape disciplines and must be suitable to provide to the management body responsible for the site.  It must include the following:-

 

a)    Description and location of features to be retained, created, enhanced and managed, as per the approved biodiversity metric;

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

c)     Appropriate management methods and practices to achieve aims and objectives;

d)    Prescriptions for management actions;

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

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

g)    A monitoring schedule to assess the success of the habitat creation and enhancement measures at intervals of 1, 2, 5, 10, 15, 20 and 30 years;

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

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

j)      Requirement for a statement of compliance upon completion of planting and enhancement works.

 

The LEMP must 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.

 

24. A Biodiversity Habitat Enhancement and Management Plan (BHEMP) shall be submitted to, and be approved in writing by, the Local Planning Authority prior to the commencement of the development.  The aim of the plan is to 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 Biodiversity Metric 4.0 prepared by Brindle and Green 2^nd November 2023.  The plan must be suitable to provide to the management body responsible for the site. It must include the following:-

 

a)    Description and location of features to be retained, created, enhanced and managed, as per the approved biodiversity metric;

b)    Details for the enhancement of modified grassland to lowland calcareous grassland including the results of soil analysis;

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

d)    Appropriate management methods and practices to achieve aims and objectives;

e)    Prescriptions for management actions;

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

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

h)    A monitoring schedule to assess the success of the habitat creation and enhancement measures at intervals of 1, 2, 5, 10, 15, 20, 25 and 30 years;

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

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

k)     Requirement for a statement of compliance upon completion of planting and enhancement works.

 

The BHEMP must 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.

 

25.Prior to the installation of lighting fixtures, a detailed lighting strategy shall be submitted to and approved in writing by the Local Planning Authority to safeguard bats and other nocturnal wildlife.  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.  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.

 

Advisory Notes

 

1.     National Highways has advised that the applicant should provide actual revised ground levels (see condition 3) so that they can be assured and confirm there is no additional risk from any change in levels alongside its boundary.

 

2.     Subject to acceptance of the SuDS design by Derbyshire County Council (Lead Local Flood Authority), the developer must submit Operation and Maintenance Plan (in accordance with section 32 of the SuDS Manual) which provides details of the arrangements for the lifetime management and maintenance of the SuDS features together with contact details. (a copy to be kept by Bolsover District Council Engineering Services).

 

3.     The sewer records show a public sewer within the area of the proposed work (plan available to view on the planning application record of the Council’s website).  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 should be advised to contact Severn Trent Water in order to determine their responsibilities under the relevant legislation.

 

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

 

5.     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.

 

6.     Any developer is requested to ensure that appropriate provision is made for NGA broadband infrastructure and services as part of the design of their development schemes at the outset.  If it can be shown that this would not be possible, practical or economically viable, in such circumstances, suitable ducting should be provided within the site and to the property to facilitate future installation. Guidance on the characteristics of qualifying NGA technologies is available from The Department for Digital, Culture, Media and Sport.

 

7.     Attention is drawn to the comments of the Force Designing Out Crime Officer included in his e-mail to this Council dated 12^th June 2025, that provides advice regarding items that will need to be included with any discharge of conditions applications to support crime prevention in respect of means of enclosure, including gates to individual properties and lighting to public and private areas.  Those comments can be viewed on the planning application pages of this Council’s website.

 

8.     The Highway Authority (Derbyshire County Council) has advised the following:-

 

·       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:

o   Drafting the Agreement;

o   A Monitoring Fee;

o   Approving the highway details; and.

o   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.

 

·       Drainage arrangements shall be provided to ensure that surface water from the development site does not discharge on to 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.

 

9.     Early iterations of the layout assumed that the proposed highway would be privately owned and maintained given the layout would include features that Derbyshire County Council as the Local Highway Authority (LHA) would not adopt.  Whilst this may still be the case, any developer may wish to note that the Highway Authority has adopted a new approach to highway design such that there may be the option to seek adoption of the highway by Derbyshire County Council and it may be worthwhile for any developer to discuss the approved layout with the LHA if an adoption by them would be desirable.  It should be noted that this would be a decision of the LHA and this note in no way indicates that adoption would be forthcoming.  In addition, should potential adoption include any amendments to the approved layout, details of this will have to be provided to consider the suitability of these in planning terms, and the necessary process that may need to be followed to facilitate this.