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 was for the material change of use of the New Middle Club to provide 9 residential flats.  The original application had included 10 off-road car parking spaces with vehicular access from Coronation Street, Whitwell.  2 of the flats were 2-bedroomed and 7 of the flats were 1-bedroomed units.

 

The application had been deferred by the Committee 3^rd September 2025.  Members had debated the appropriateness of the number of car parking spaces to be allocated (10).  A revised parking layout had been received, which would provide 3 additional car parking spaces (13 in total).

 

Additional representations had been received and detailed in the Supplementary Agenda.

 

Dee Devine spoke against the proposal.

 

Amat Patil, the applicant, spoke in favour of the application.

 

To a question on the provision of EV charging points, Amat Patil informed that while not part of the original application, the car park would have the electrical cables prepared further into the development for the individual installation of charging points.

 

Amat Patil confirmed that the provision of the bin storage area would remain onsite despite the additional 3 parking spots in the revised plan.

 

4 in favour

0 against

 

Moved by Councillor Phil Smith and seconded by Councillor Rob Hiney-Saunders

RESOLVED that application no. 25/00179/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 hereby permitted shall be carried out in accordance with the following approved drawings and documents unless specifically stated otherwise in the conditions below:

 

Revised Site Layout and Proposed Floor Plans - drawing number AP/02 revision d dated 04/09/2025.

Revised Site Location Plan and Proposed Block Plan - drawing number AP/04 dated 24/07/2025.

Proposed Elevations and Roof Plan - drawing number AP/04 dated 09/05/2025.

 

3. Construction works on the site and deliveries to the site must 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.

 

4. If during the construction and/or demolition works associated with the development hereby approved, any suspected areas of contamination are discovered, then all works shall be suspended until the nature and extent of the contamination is assessed and a report is submitted and approved in writing by the Local Planning Authority which addresses the risk identified.  The Local Planning Authority shall be notified as soon as is reasonably practicable of the discovery of any suspected areas of contamination.

 

Any investigation required shall be undertaken in accordance with a scheme submitted to and approved in writing by the Local Planning Authority and shall comply with current Government Guidance to achieve the appropriate standard at completion.

 

Upon completion of the remediation works 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.

 

 

5. Prior to the first occupation of the hereby approved development, 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 the following features:

 

·       10 No. swift bricks or boxes;

·       2 No. bat bricks or boxes; and,

·       Summary of any ecologically beneficial landscaping.

 

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

 

6. No dwelling shall be occupied until the access, parking and turning facilities have been provided in full, as shown on drawing number AP/02 dated 16/07/2025.  Once provided the car parking and turning spaces shall be retained for the life of the development free from any impediment to their parking and turning purposes.

 

7. Prior to the first occupation of the hereby approved development, a detailed scheme of boundary treatment 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 in perpetuity for the lifetime of the development.

 

8. Prior to any works taking place to the external elevations and roof of the development, the precise external materials to be used in the construction of the external elevations and roof shall be first submitted to and approved in writing by the Local Planning Authority.  The development shall then proceed fully in accordance with the agreed external materials and be maintained thereafter.

 

Reasons for Conditions

 

1. To comply with the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2. For the avoidance of doubt and in order to define the planning permission.

 

3. In the interests of protecting residential amenity throughout the construction phase in accordance with Policy SC11 of the Adopted 2020 Local Plan for Bolsover District.

 

4. To protect future occupiers of the development from unacceptable levels of land contamination in accordance with Policy SC14 of the Adopted 2020 Local Plan for Bolsover District.

 

5. To provide a form of biodiversity enhancement in accordance with Policy SC9 of the Adopted Local Plan 2020 for Bolsover District.

 

6. In the interests of ensuring off-road parking is provided and retained for the development in the best interests of highway safety in accordance with Policy SC3 (e) of the Adopted 2020 Local Plan for Bolsover District.

 

7. In the interests of protecting the visual amenity of the locality and residential amenity of adjacent residents in accordance with Policy SC3 of the Adopted Local Plan 2020 for Bolsover District.

 

8. In the interests of protecting the visual amenity of the locality in accordance with Policy SC3 of the Adopted Local Plan 2020 for Bolsover District.

 

Statement of Decision Process

 

1. 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.

 

Note

 

1. 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.

 

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.

 

 

Councillor Tom Munro returned to the meeting at 11:37 hours.