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 for the material change of use of land to station 4 residential mobile home plots for travelling showpeople with the establishment of parking, turning and amenity areas within the site.

 

The Development Management and Land Charges Manager informed further consultation had been received from the Principal Environmental Health Officer that was provided in the supplementary document.

 

An additional representation had also been received – this was provided in the supplementary document and read out to the Committee.

 

Councillor Tom Kirkham raised concerns with aspects of the application.

 

Mr. Matt Williams spoke in favour of the application (the agent).

 

Questions were raised on the repair and maintenance of the road surface and the installation of a locked gate.

 

Moved by Councillor Phil Smith and seconded by Councillor Tom Munro

RESOLVED that application no. 25/00162/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 site shall not be occupied by any persons other than travelling showpeople as defined in Annex 1: of the Planning Policy for Traveller Sites Guidance December 2024 (or its equivalent in replacement in national policy).

 

3.     There shall be no more than four plots on the site. Each plot shall comprise no more than one caravan, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 as amended, stationed on it at any time.

 

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

 

·       Site Location Plan - drawing 25019-2 dated 25/03/2025; and,

·       Proposed Site Plan - drawing 25019-1 Rev A dated 18/02/2025.

 

5.     No commercial or industrial activities shall be carried out and there shall be no storage of travelling showpeople's fairground or circus equipment on site.

 

6.     Prior to the commencement of the development hereby permitted, a scheme of foul drainage and surface water disposal must be submitted and approved by the local planning authority.  Prior to the occupation of the development the approved drainage schemes must be implemented fully accordance with the agreed scheme and be maintained thereafter.

 

7.     Prior to the commencement of development, including preparatory site clearance, a detailed badger survey for any recently excavated badger setts on the site must be undertaken.  The results and any appropriate mitigation must be submitted to the Local Planning Authority for approval and any mitigation measures implemented prior to first occupation of the mobile homes.

 

8.     Prior to the installation of any lighting fixtures, a detailed lighting strategy must be submitted to and approved in writing by the Local Planning Authority to safeguard bats and other nocturnal wildlife.  This must provide details of the chosen luminaires, their locations and any mitigating features such as dimmers, PIR sensors and timers.  Once agreed the lighting scheme must be implemented fully in accordance with the agreed details and be maintained thereafter.

 

9.     No development shall take place (including demolition, ground works, vegetation clearance and movement of plant, machinery and materials) until a 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 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 must be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

 

10. No dwelling must be occupied until full details of both hard and soft landscape works with an associated implementation plan, management schedule and monitoring, that includes defining the garden curtilage of each dwelling has been submitted to and approved in writing by the Local Planning Authority.  The hard landscaping details must include the proposed hard surfaced materials.  The soft landscape works must include a planting plan; schedules of any plants and trees, noting species, plant / tree sizes and proposed numbers/densities to demonstrate how the 10% biodiversity net gain will be provided in accordance with the submitted metric.  All planting must be implemented in accordance with the approved details in the first available planting season.  The created and / or enhanced habitat specified must be managed and maintained fully in accordance with the agreed landscaping plan.

 

11. Prior to first occupation of the hereby approved development:

 

a)    A Biodiversity Enhancement Plan must be submitted to and approved in writing by the Local Planning Authority.  The Plan must clearly show positions, specifications and numbers of features, which will include (but are not limited to) the following:-

·       external bird boxes;

·       external bat boxes;

·       insect bricks / towers;

·       habitat piles for hedgehogs and herptiles; and,

·       ecologically beneficial landscaping.

Once agreed the approved measures shall be implemented fully in accordance with the agreed details and be maintained thereafter.

b)    A statement of good practice including photographs must be submitted to the local planning authority to fully discharge this condition, demonstrating that the enhancements have been selected and installed fully in accordance with the approved Plan.

 

12. The hereby approved plots shall not be occupied for residential use until the off-road parking is provided in full.  Once provided the parking shall be maintained free from obstruction thereafter.

 

13. Prior to the first occupation of the site, a detailed scheme of boundary treatment for the site must be installed fully in accordance with a scheme which has first been submitted to and approved in writing by the Local Planning Authority.  The agreed boundary treatment scheme shall then be maintained thereafter.

 

14. 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 phase 2 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.

 

15. 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 (Environmental Health Division) prior to commencing works in connection with the remediation scheme.

 

16. No dwelling unit hereby approved shall be occupied until:

 

a)    The approved remediation works required by 15 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 14b to 2 above and satisfy 16a above.

c)     Upon completion of the remediation works required by 16 and 16a 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.

 

17. Prior to the commencement of development a geotechnical professional must carry out a slope stability assessment report of the slopes which surround the application site, which must demonstrate that the site is safe and stable for the development proposed and provide remediation, if necessary.  The assessment must give consideration to the following:-

 

a)    Avoiding disturbance to the slopes that might impact stability, including to the toe of the slope, which may have been removed in certain places on the site;

b)    Any proposed excavations made in the ground in front of the toe of the slopes to incorporate appropriate temporary / permanent works and/or control measures to minimise the risks of them becoming unstable; and,

c)     Consider the impacts of the construction phase including the management of surface water run-off to prevent it reaching or accumulating within or alongside the slopes.

 

Once approved the development must proceed fully in accordance with the agreed slope stability assessment and any approved remediation must be implemented prior to the first occupation of the site.

 

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 ensure future occupants are associated with the use for which the development is acceptable in planning terms in accordance with Policy LC5 of the Adopted Local Plan for Bolsover District.

 

3.     To define the terms of this permission as proposed, and to prevent adverse impacts on residential amenity through intensification in use of the site, in accordance with Policy SC3 of the Adopted Local Plan for Bolsover District.

 

4.     In the interests of protecting residential amenity in accordance with Policy SC3 of the Adopted Local Plan for Bolsover District.

 

5.     To define the terms of this permission as proposed, and to prevent adverse impacts on residential amenity through intensification in use of the site, in accordance with Policy SC3 of the Adopted Local Plan for Bolsover District.

 

6.     This is a pre-commencement of development condition which is necessary in the interests of preventing unsatisfactory surface water run-off and enabling an adequate means of foul disposal in accordance with Policy SC7 and SC11 of the Adopted Local Plan for Bolsover District.

 

7.     This is a pre-commencement of development condition necessary in the interests of preventing harm to protected species in accordance with Policy SC9 of the Adopted Local Plan for Bolsover District.

 

8.     In the interests of safeguarding bats and other protected species in accordance with Policy SC7 of the Adopted Local Plan for Bolsover District.

 

9.     This is a pre-commencement of development condition necessary to prevent harm to protected species during the construction phase in accordance with Policy SC9 of the Adopted Local Plan for Bolsover District.

 

10. In the interests of securing 10% biodiversity net-gain in accordance with Policy SC9 of the Adopted Local Plan for Bolsover District.

 

11. In the interests of securing sufficient biodiversity enhancement on site in accordance with Policy SC9 of the Adopted Local Plan for Bolsover District.

 

12. In the interests of securing sufficient off-road parking in the best interests of highway safety in accordance with Policy ITCR11 of the Adopted Local Plan for Bolsover District.

 

13. In the interests of protecting the rural character of the area and the privacy of existing and future occupants in accordance with Policy SC3 of the Adopted Local Plan for Bolsover District.

 

14. In the interests of defining an acceptable bin collection point in the best interests of highway safety in accordance with Policy SC3 of the Adopted Local Plan for Bolsover District.

 

15. This is a pre-commencement of development condition necessary to ensure the site is developed free from unacceptable levels of land contamination in accordance with Policy SC14 of the Adopted Local Plan for Bolsover District.

 

16. To ensure the site is developed free from unacceptable levels of land contamination in accordance with Policy SC14 of the Adopted Local Plan for Bolsover District.

 

17. To ensure the site is developed free from unacceptable levels of land contamination in accordance with Policy SC14 of the Adopted Local Plan for Bolsover District.

 

18. This is a pre-commencement of development condition necessary to ensure the site is made safe and stable for future occupants in accordance with Policy SC14 of the Adopted Local Plan for Bolsover District.

 

Notes

 

1.     Bolsover District Council's Senior Engineer advises as follows:

 

a)    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;

b)    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;

c)     The developer should provide detailed proposals of the disposal of foul and surface water from the site and give due consideration to the use of SUDS, which should be employed whenever possible;

d)    Where SuDS features are incorporated into the drainage design it is strongly recommended that the developer provides the new owners of these features with sufficient details for their future maintenance;

e)    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.

 

2.     This application will require the approval of a biodiversity gain plan before development commences, and as such you must adhere to the statutory requirements of the Biodiversity Gain Plan Advice Note provided below.

 

3.     In relation to Condition 7, Derbyshire Wildlife Trust advises dependent on the scale of proposed lighting, a lux contour plan may be required to demonstrate acceptable levels of light spill 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.

 

4.     The applicants / developer are made aware that the County Council does not wish for any structural assets such as retaining walls or similar to be built upon County Council land as the County Council would not assume any maintenance responsibilities or liabilities associated with their function.  The development site is surrounded on three sides by the Country Park.  The Country Park is at a higher level to the development and the existing tree cover may prompt future requests by potential occupants to remove tree and vegetation growth.  Occupants should be aware that the tree cover surrounding the properties cannot be removed at any point in the future regardless of claims to any impact on the house structure and / or the residential use of that dwelling, other than for health and safety reasons.

 

5.     Following planning committee consideration on the 9^th July 2025, the applicant is encouraged to erect lockable gates at the site entrance and to display contact details of a person(s) whom to contact in the event of an incident when the plots are not occupied

 

Statement of Decision Process

 

1.     Officers have worked positively and pro-actively with the applicant 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.

 

The decision contains several pre-commencement conditions which are so fundamental to the development permitted that:-

 

·       it would have been otherwise necessary to refuse the whole permission; or

·       are necessary to address issues that require information to show that the development will or can be made safe; or,

·       address other impacts which need to be assessed to make the development acceptable to minimise and mitigate adverse impacts from the development.

 

The planning agent has agreed in writing to all of the planning conditions attached to this recommendation.

 

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.