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 a residential development of 217 dwellings on an approximately 8 hectare site to the east of Bolsover Town, accessed from Langwith Road, Foxglove Drive and Buckthorn Drive.  The site formed part of a housing allocation in the adopted Local Plan, along with the recently completed scheme to the north and Crossways Garage and Dunedin House that had not been included within the application.

 

Amendments have been made to reduce the number of dwellings, increase the size of the attenuation basin and increase the amount of public open space within the site.

 

The Supplementary Agenda informed of 2 additional neighbour representations made.

 

Updates to the conditions list had been made.

 

Derbyshire County Council (DCC) had provided a late submission the day before the meeting.  This has been emailed to Members upon receipt.

 

A further submission from DCC was received a few minutes before the meeting.

 

The meeting was adjourned at 10:11 hours for the Planning Team to provide paper copies of the second of DCC’s submissions.

 

The meeting was reconvened at 10:16 hours.

 

The Development Management and Land Charges Manager read out the second of DCC’s submissions.

 

Councillor Donna Hales spoke against the application on behalf of Councillor Paul Goodwin.

 

Paul Butler, the agent, spoke in favour of the application.

 

To a question on the concerns raised on the disposal of foul water, Paul Butler could not comment on the issues raised by the Keepmoat development, but the proposal would benefit from the resolutions made by Keepmoat and stated that if the water authority was not content to claim responsibility of the system after the development was progressed, they had every right to refuse the adoption.

 

It was reiterated that the attenuation basin had been substantially enlarged for surface runoff which would reduce impacts on the system.

 

To a question on the provision of the play area, Paul Butler informed this would be maintained by the developer in perpetuity.

 

Adrian Kerrison, the consultant, spoke in favour of the application.

 

A Member stated it would be difficult for the developer to meet the 10% affordable housing target if DCC’s request for additional educational contributions was accepted – no development of this size would be capable of fulfilling DCC’s request.

 

The Chair noted there was a substantial change in market conditions since the original application.

 

A Member shared the Council pursued growth as a policy and the District needed housing – the application had to be considered with all seriousness.

 

To a question on the development’s expected profit once completed, the Development Management and Land Charges Manager explained that a 17.78% profit margin had been accepted as part of the viability appraisal work - this fell within the 15-20% range that was required for a development to present a viable proposition to a developer.

 

To a question on the existing capacity of Bolsover Town’s schools, the Development Management and Land Charges Manager noted DCC had reviewed / assessed the normal area catchment school only and that a case could be made that there was an additional primary school within a 2 mile walking distance, which would additionally support existing capacity.

 

A Member noted the priority was for primary school capacity – was SEND contributions considered?  The Development Management and Land Charges Manager explained, in terms of recommendations, officers had prioritised highway and travel improvements and education in accordance with the Council’s Infrastructure and Delivery Plan (2025) and that DCC would ultimately be able to decide on where any available education contributions would be directed.

 

Members briefly discussed DCC’s request, and the time taken to bring the application to Committee.

 

4 in favour

1 against

 

Moved by Councillor Steve Fritchley and seconded by Councillor Phil Smith

RESOLVED that for application no. 22/00478/FUL delegated authority be given to the      Development Management and Land Charges Manager or Principal Planners to grant planning permission subject to prior entry into a S.106 legal agreement containing the following planning obligations:

 

1. The provision of 10% affordable housing (14 affordable houses for rent and 8 shared ownership homes).

 

2. £850,000 commuted sum to be split £193,564 to highways contributions and the remaining £656,436 towards education contributions.

 

3. An obligation seeking confirmation of purchase of habitat credits required to demonstrate no net loss of biodiversity on site.

 

4. Provisions relating to the future management of all public open space.

 

5. The provision of a viability review mechanism to provide for further infrastructure contributions in accordance with the Council’s Infrastructure Study and Delivery Plan or any relevant superseding information.

 

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 shall be carried out in accordance with the following approved drawings and documents unless specifically stated otherwise in the conditions below:

 

·       Noise Impact Assessment (Hepworth Acoustics) P22-278-R01v10 Received 05^th June 2025;

·       Biodiversity Impact Assessment (root3) R3-536-03-EC-04 Received 15^th May 2025;

·       Biodiversity Metric R3-536-03-EC-04_BIA Report Rev_ D Received 15^th May 2025;

·       Location Plan 2213.02 Rev A Received 24^th August 2022;

·       Planning Layout 2213.01 Rev N Received 17^th September 2025;

·       Materials Layout 2213.03 Rev G Received 09^th July 2025;

·       Street Scenes 2213.04 Rev C Received 20^th November 2024;

·       Detailed Landscape Plan 1 of 3 R3-536-03-LA-02-01 Rev B Received 07^th March 2025;

·       Detailed Landscape Plan 2 of 3 R3-536-03-LA-02-02 Rev A Received 07^th March 2025;

·       Detailed Landscape Plan 3 of 3 R3-536-03-LA-02-03 30 Rev B Received 23^rd September 2025;

·       Landscape General Arrangement Plan R3-536-03-LA-01 Rev D Received 07^th March 2025;

·       Play Area Detail R3-536-03-LA-03 Rev A Received 17^th December 2024;

·       Figure 1 – Phase 1 Habitat Plan R3-536-03-EC-03 Plan reference 02 Received 07^th March 2025;

·       Drainage Strategy 22029 100 Rev P18 Received 07^th March 2025;

·       Drainage Strategy 22029 Sheet No. I DRA01 (G) Received 06^th March 2025;

·       Flood Risk Assessment 22029 REP01(C) Received 02^nd December 2024;

·       Flood Exceedance Routing Plan 22029-DCE-XX-XX-D-C-102 Rev P02 Received 05 March 2025;

·       Impermeable Area 22029-DCE-XX-XX-D-C-103 Rev P02 Received 05^th March 2025;

·       Updated Ecological Walkover R3-536-03-EC-03 Received 07^th March 2025;

·       Arboricultural Survey and Impact Assessment R3-536-03-AR-01 Received 17^th December 2024;

·       Refuse Vehicle Swept Path Analysis 22029-DCE-XX-XX-D-C-160 Rev P01 Received 02^nd December 2024;

·       Visibility Splays 22029-DCE-XX-XX-D-C-161 Rev P02 Received 11^th December 2024;

·       Bus Swept Path Analysis 22029-DCE-XX-XX-D-C-162 Rev P01 Received 02^nd December 2024;

·       Cross Section 2213.05.01 Rev A Received 20^th November 2024;

·       Cross Section 2213.05.02 Rev A 20^th Received November 2024;

·       Boundary Treatment Plan 2213.06 Rev C Received 05^th December 2024;

·       Refuse Plan 2213.07 Rev C Received 05^th December 2024;

·       Tenure Plan 2213.08 Rev D Received 05^th December 2025;

·       Parking Plan 2213.09 Rev C Received 05^th December 2024;

·       Planning Drawings Various Boundaries 2213.B.01 Received 13^th December 2024;

·       Planning Drawings Single Garage 2213.G.01 Received 13^th December 2024;

·       Planning Drawings Twin Garage 2213.G.02 25^th July 2022 Received 13^th December 2024;

·       Planning Drawings Type 1209 End/Mid Elevations 2455.1209.01 Received 08^th November 2024;

·       Planning Drawings Type 932 End/Mid 2455.932.01 Received 08^th November 2024;

·       Planning Drawings Fairhaven End/Mid 2455.FAI.01 Received 08^th November 2024;

·       Planning Drawings Type 764 End/Mid 2455.GOV.01 Received 08^th November 2024;

·       Planning Drawings Lansdown End/Mid 2455.LAN.01 Received 08^th November 2024;

·       Planning Drawings Newbury Detached 2455.NEW.01 Received 08^th November 2024;

·       Planning Drawings Osbourne Pair 2455.OSB.02 Received 08^th November 2024;

·       Planning Drawings Ramsey Detached 2455.RAM.01 Received 08^th November 2024;

·       Planning Drawings Tilsworth 2455.TIL.01 Received 08^th November 2024;

·       Transport Assessment (AMA) 21541-001 Received  25^th April 2023;

·       Interim Travel Plan (AMA) 21541-002 Received 14^th September 2022;

·       Highways Technical Note (AMA) 21541 Received 13^th December 2024;

·       Revised Design and Access Statement (Issue 2) Received 13^th December 2024;

·       Archaeological Evaluation (Written Scheme of Investigation) (CFA Archaeology) Received 23^rd November 2022;

·       Planning Statement (PB Planning) Received 12^th October 2022;

·       Project Management Plan (PMP) 00.1a Issue 48 Received 07^th October 2022;

·       Tree Constraints Plan (root3) R3-536-03-AR-02 Received 14^th September 2022;

·       Tree Protection Plan (root3) R3-536-03-AR-03 25 Received 14^th September 2022;

·       Bat Report (root3) R3-536-02-EC-05 Received 18^th July 2025;

·       Ecological Impact Assessment (root3) R3-536-02-EC-01 Rev A Received 14^th September 2022;

·       Geoenvironmental Appraisal (Lithos) 4350/1 Received 14^th September 2022; and,

·       Geophysical Survey Report (Magnitude Surveys) MSSK1317 Received July 2022.

 

3. No development shall take place other than in accordance with the approved Archaeological Evaluation (Written Scheme of Investigation) (CFA Archaeology) Received 23^rd November 2022, including until any pre-start element of the approved scheme has been completed to the written satisfaction of the local planning authority.

 

4. No development shall not be occupied until the site investigation and post investigation reporting has been completed in accordance with the programme set out in the archaeological Written Scheme of Investigation and the provision to be made for publication and dissemination of results and archive deposition has been secured.

 

5. Subject to acceptance of the SuDS design by Derbyshire County Council (Lead Local Flood Authority), an Operation and Maintenance Plan (in accordance with section 32 of the SuDS Manual) shall be submitted to the Local Planning Authority, which provides details of the arrangements for the lifetime management and maintenance of the SuDS features together with contact details. The SuDS shall be implemented and managed / maintained in accordance with the approved detail.

 

6. The development shall be carried out in accordance with the details shown on the submitted plan, "'Flood Risk Assessment' 22029 (rev C) prepared by Dudleys, dated 02/12/24", unless otherwise agreed in writing with the Local Planning Authority.

 

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

a.     Dudleys. (06/03/2025). Drainage Strategy. DRA01 (G), including any subsequent amendments or updates to those documents as approved by the Flood Risk Management Team;

b.     And 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.

 

8. The site shall be developed with separate systems of drainage for foul and surface water on and off site.  The separate systems shall extend to the points of discharge to that have first been submitted to and approved by the Local Planning Authority.

 

9. Prior to commencement of the development, the applicant shall submit for approval to the Local Planning Authority details indicating how additional surface water run-off from the site will be avoided during the construction phase.  The applicant may be required to provide collection, balancing and/or settlement systems for these flows.  The approved system shall 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.

 

10. No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details that have first been submitted to and approved by the Local Planning Authority.

 

11. No development shall take place until details of the proposed means of disposal of foul water drainage for the whole site, including details of any balancing works, off-site works and phasing of the necessary infrastructure, have been submitted to and approved by the local planning authority.  If sewage pumping is required from any part of the site, the peak pumped foul water discharge must not exceed 6.7 (six point seven) litres per second.  Furthermore, unless otherwise approved in writing by the local planning authority, no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

 

12. No external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage have been submitted to and approved in writing by the Local Planning Authority.  The lighting approved shall be installed and shall be maintained in accordance with the approved details.

 

13. No dwelling hereby approved shall be occupied until the access, parking and turning facilities required for that dwelling have been provided as shown on Planning Layout 2213.01 Rev N Received 17^th September 2025.

 

14. No individual dwelling in the development hereby approved shall not be occupied until sheltered, secure and accessible bicycle parking has been provided in accordance with details which shall first be submitted to and approved in writing by the Local Planning Authority.  The storage area shall be maintained for this purpose thereafter.

 

15. The Residential Travel Plan hereby approved shall be implemented and monitored in accordance with the regime contained within the Plan.  In the event of failing to meet the targets within the Plan a revised Plan shall be submitted to and approved in writing by the Local Planning Authority to address any shortfalls, and where necessary make provision for and promote improved sustainable forms of access to and from the site.  The Plan thereafter shall be implemented and updated in agreement with the Local Planning Authority and thereafter implemented as amended.

 

16. No works or development shall take place until full details of all proposed street tree planting, root protection systems, future management plan, and the proposed times of planting, have been approved in writing by the Local Planning Authority.  All tree planting shall be carried out in accordance with the approved details.

 

17. Before the commencement of development, a Landscape and Biodiversity Enhancement and Management Plan (LBEMP) shall be submitted to the Local Planning Authority detailing how not net loss of biodiversity will be achieved and a timetable for implementing the measures.  The development will be implemented in accordance with the approved details.

 

18. Before construction progresses above foundation level on any building or wall, representative samples of the materials to be used in all external wall and roof areas shall first have been submitted to and approved in writing by the Local Planning Authority.

 

19. If within a period of five years from the date of the planting of any tree or shrub (or their planned retention in accordance with the landscaping scheme) that tree or shrub may die, be removed, uprooted or become seriously damaged it shall be replaced by another of the same species during the first available planting season, unless a variation of the landscaping scheme is approved in writing with the Local Planning Authority.

 

20. The approved Project Management Plan (PMP) 00.1a Issue 48 Received 07^th October 2022 shall be adhered to at all times during the construction phases of the development.

 

21. Prior to the demolition of any existing buildings on site, the submission of update bat surveys and a mitigation strategy shall be submitted to and approved by the Local Planning Authority.  The phasing of demolition and build out of the development shall be ordered to ensure that any mitigation that could be required (worst case scenario) can be accommodated within the new buildings (bat boxes or bat lofts, for example).  Compensatory roost(s) should be in situ, prior to demolition of any buildings with confirmed roosts.

 

22. Notwithstanding the approved plans, details of bin storage areas will be submitted to and approved in writing by the Local Planning Authority prior to the occupation of any dwellings.  The bin storage areas shall be provided in accordance with the approved details and retained for their designated use thereafter.

 

23. The development hereby permitted shall be constructed in full accordance with the mitigation measures recommended in Noise Impact Assessment (Hepworth Acoustics) P22-278-R01v10 Received 05^th June 2025.

 

24. Prior to the occupation of any dwelling hereby permitted, the applicant must demonstrate, to the satisfaction of the Local Planning Authority, that the noise mitigation measures relevant to that dwelling have been properly installed.

 

25. Before the commencement of construction works including any demolition in connection with the development hereby approved, a programme of measures to minimise the spread of airborne dust from the site during construction and demolition periods, shall be submitted to and approved in writing by the Local Planning Authority and include a dust risk assessment.  The development shall be undertaken in accordance with the approved scheme.

 

26. Construction works on the site and deliveries to the site shall be undertaken only between the hours of 07.30am to 6pm Monday to Friday and 7.30am to 1pm on Saturday.  There shall be no work undertaken on site or deliveries to the site on Sundays or public holidays.

 

27. Prior to the first occupation of the dwellings hereby approved, unless otherwise agreed in writing with the Local Planning Authority, any made ground on the site shall be removed or a contamination investigation and risk assessment of that part of the site shall be carried out by a competent person in accordance with current guidance and in accordance with a scheme which has been approved by the Local Planning Authority, to demonstrate that the site is suitable for the use hereby approved.  Where the site investigation and risk assessment shows that contamination remediation is required, a remediation scheme shall be prepared and submitted to the Local Planning Authority for written approval; the approved remediation scheme shall be implemented as approved and a verification report shall be submitted to and approved in writing demonstrating that the remediation has been carried out successfully prior to the first occupation of the dwellings hereby approved.

 

28. Where any suspected areas of contamination are discovered during the development of the site, the process of site investigation and risk assessment as identified in condition 28 above shall be carried out by a competent person in accordance with current guidance and in accordance with a scheme which has been approved by the Local Planning Authority, to demonstrate that that part of the site is suitable for the use hereby approved.

 

29. In the event that it is proposed to import soil onto site in connection with the development, the soil to be imported shall be sampled at source and analysed in a laboratory that is accredited under the MCERTS Chemical Testing of Soil Scheme for all parameters previously agreed in writing with the Local Planning Authority, the results of which shall be submitted to and shall be approved in writing with the Local Planning Authority.

 

30. Details of the legal and funding mechanism for maintenance of all public open spaces including the LEAP and any open drainage features shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of any dwellings.  The open space shall thereafter maintained and managed in accordance with the approved details.

 

31. A timetable for the delivery of all public open space and the LEAP shall be submitted and approved in writing by the Local Planning Authority. The public open space and LEAP shall be provided in full in accordance with the approved details.

 

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.