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 application sought approval from the Committee for retrospective planning permission to change the use of the land and to carry out associated operations to provide parking and manoeuvring space associated with the adjacent traveller site and include a new vehicular access onto Featherbed Lane, Bolsover.

The application had been presented at the Committee’s previous meeting on 9^th July 2025.  Concerns had been raised on the surface condition and speed of some road traffic users on the private road and its impact on the Public Right of Way that it carried.  A decision had been deferred to allow officers to seek confirmation from the Rights of Way Team at Derbyshire County Council (DCC) that they had no concerns with the use of a longer section of the private lane, which carried a Public Right of Way, for vehicles and equipment associated with the 7 pitch Gypsy and Traveller site and that the surface of the lane was suitable for multi-use without the need for any modifications or improvements.

The DCC Public Rights of Way Officer has been re-consulted and had not objected to the proposed application.  Their comments were detailed in the report.

9 in favour

0 against

Moved by Councillor Tom Munro and seconded by Councillor Phil Smith

RESOLVED that application no. 24/00503/FUL be APPROVED subject to the following conditions:

1.     The development hereby approved shall be used for parking and manoeuvring of vehicles and equipment associated with the occupation of the adjacent traveller pitches identified in blue on the location plan submitted with the application only.  There shall be no trade or business carried out from the site and it shall not be used as a separate traveller pitch.

2.     Before the parking/manoeuvring area hereby approved is first brought into use full details of a hedge to be planted around the edge of the site, must be submitted to and approved in writing by the Local Planning Authority.  The hedge must be planted in accordance with the approved details in the first available planting season after the details are approved and must be maintained as such thereafter.

3.     Notwithstanding the provisions of Classes A and B of Part 2 of Schedule 2, Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), no new accesses or boundary treatments must be installed on site unless authorised by an express grant of planning permission.

4.     Notwithstanding the provisions of Article 3(1) of the Town and Country Planning (General Permitted Development) Order 2015, (or any Order revoking and re-enacting that Order) no development otherwise permitted by Part 5 Class B of the Order must be erected/constructed/undertaken without first obtaining planning permission.

5.     There must be no external lighting installed on the site without the prior submission of a detailed lighting strategy for the site having been first submitted to and approved in writing by the Local Planning Authority.

Advisory Notes

1.     Public Right of Way, Bolsover Footpath No.44, as shown on the Derbyshire Definitive Map, must remain open, unobstructed and on its legal alignment at all times.  There should be no disturbance to the surface of the route without prior authorisation from the Rights of Way Inspector for the area. Consideration should be given to members of the public using the route at all times.  A temporary closure of the route may be granted to facilitate public safety subject to certain conditions.  Further information may be obtained by contacting the Rights of Way Section – ETE.PROW@derbyshire.gov.uk.  If a structure is to be erected adjacent to the right of way, it should be installed within the site boundary so that the width of the right of way is not encroached upon.

2.     The applicant is advised that the site lies within a coal mining area which may contain unrecorded coal mining related hazards and if any coal mining feature is encountered during development it should be reported immediately to the Coal Authority.

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.

However, if these protected characteristics were not taken into account and adequate standard of accommodation wasn’t required in accordance with Policy LC5 of the Local Plan for Bolsover District then it may be considered that such regard had not been exercised.

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.

Having declared an interest in the following item, Councillor Tom Munro left the meeting at 10:09 hours.