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 the demolition and erection of a replacement Church Hall.  The site was currently occupied by a church hall which previously provided a number of community facilities.

 

The main issues for consideration were whether the proposed development would result in harm to the character and appearance of the area, harm to residential amenity and raised any unacceptable impacts on highway safety and the local road network.

 

The decision was referred to the Committee in the interests of openness and

transparency, given that the application site was owned by the Council.

 

Councillor Mary Dooley spoke in favour of the application.

 

To a question on the building’s future use, Councillor Mary Dooley informed it would be for any / all local community events as well as for externally hired events (e.g. weddings) – it would be a fabulous design and a valuable new asset for Pinxton.

 

The Chair noted parking would take place on the highway but that residents supported this decision.  Councillor Mary Dooley informed parking was also available nearby on Victoria Road, Pinxton.

 

A Member brought to light that funding for the proposal was largely being delivered through the UK Shared Prosperity Fund.  A new build, rather than a refurbishment, would also maximise the potential and positive economic impact of the development.

 

Members praised the work and design of the proposal.  The exclusion of any parking onsite was due to the provision of a tree to improve the visual aspect of the proposal / area and provide a welcoming aspect to the site.

 

Questions were asked on the non-requirement of disabled parking bays – the development had remained acceptable without.

 

The work of the Senior Economic Development Officer was noted.

 

5 in favour

0 against

 

Moved by Councillor Tom Munro and seconded by Councillor Phil Smith

RESOLVED that application no. 25/00239/FUL be APPROVED with final, precise wording of conditions relating to biodiversity (current Conditions 7, 8, and 9) delegated to the Development Management and Land Charges Manager or Principal Planners:

 

AND subject to the following conditions:

 

 

1. The development must be begun before the expiration of three years from the date of this permission.

 

2. The development must be carried out in accordance with the following plans/details submitted with the application:

 

·       ‘PROPOSED ELEVATIONS SHEET 1’ (24101-CO-XX-XX-DR-A-41001) received on the 3^rd July 2025;

·       ‘PROPOSED ELEVATIONS SHEET 2’ (24101-CO-XX-XX-DR-A-41002) received on the 3^rd July 2025;

·       ‘PROPOSED PLAN’ (24101-CO-XX-XX-DR-A-21001) received on the 3^rd July 2025.

·       ‘PROPOSED SITE PLAN’ (24101-CO-XX-XX-DR-A-16002) received on the 3^rd July 2025; and,

·       ‘PROPOSED LANDSCAPING’ (24101-CO-XX-XX-DR-A-16003) received on the 30^th July 2025.

 

3. The development hereby approved must be constructed and finished in the material details that are outlined in the elevation plans: ‘PROPOSED ELEVATIONS SHEET 1’ & ‘2’, both received on the 3^rd July 2025.

 

4. Unless otherwise amended by details submitted to and approved in writing under the terms of the deemed biodiversity gain plan condition, the soft landscaping plan (24101-CO-XX-XX-DR-A-16003) received on the 30^th July 2025 must be implemented as approved, no later than the first available planting season following the occupation of the development hereby approved.  Any of the trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

 

5. Prior to the occupation of the building hereby approved, details of the proposed boundary treatments must be submitted to and approved in writing by the Local Planning Authority and installed in accordance with the approved details.

 

6. Prior to the occupation of the building hereby approved, the proposed bicycle stands outlined in the ‘PROPOSED SITE PLAN’ (24101-CO-XX-XX-DR-A-16002) received on the 3^rd of July 2025, must be provided and maintained for use thereafter.

 

7. A Habitat Management and Monitoring Plan (HMMP) must be submitted to and approved in writing by the Local Planning Authority, prior to the commencement of the development.  If the standard HMMP template is not used, the HMMP checklist must be consulted to ensure all appropriate information is included.  The HMMP must identify the habitats to be retained, created and / or enhanced on the site and specify the appropriate management prescriptions to secure the predicted condition targets, as per the approved biodiversity metric for the application.  The HMMP must also set out a monitoring schedule to ensure targets are met and remedial actions to take if not.

 

8. Site clearance must be undertaken in a manner by which to safeguard hedgehogs as well as other wildlife.  All rubble piles, leaf piles, compost heaps, dense vegetation and other general debris that could be used for shelter must be carefully cleared by hand to a location such as a skip, other container or raised pallets.  This must be undertaken prior to machinery entering site and avoiding the core hibernation period (November-February).  If a hedgehog is discovered during clearance, it must be moved immediately and carefully with gloved hands to an area of shelter as beneath adjacent hedgerow/bushes.  A short statement of compliance must be submitted to the Local Planning Authority upon completion of clearance works to discharge this condition.

 

9. Prior to the commencement of works above ground level, a Biodiversity Enhancement Plan must be submitted to and approved in writing by the Local Planning Authority.  The approved measures must be implemented in full and maintained as such thereafter.  The plan must clearly show positions, specifications and quantities of features, which will include (but are not limited to) the following:

 

·       1x woodcrete / woodstone swift box must be installed at eaves level, avoiding southern elevations;

·       1x integrated bat box;

·       1x insect brick / tower in public open space;

·       Fencing gaps 130mm x 130mm to maintain connectivity for hedgehogs if required.

 

A statement of good practice including photographs, demonstrating that the enhancements have been selected and installed in accordance with the approved plan must be submitted to and approved in writing by the Local Planning Authority.

 

10. Prior to the commencement of any 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 including construction and demolition periods must be submitted to and approved in writing by the Local Planning Authority.  The construction must be undertaken in accordance with the approved scheme.

 

11. Prior to the commencement of the development hereby approved:

 

The site investigation strategy as identified in the Desk Study report (ref.102058) submitted with the application, must be undertaken by a competent person in accordance with the current UK requirements for sampling and analysis.

 

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, must be submitted to and approved in writing by the Local Planning Authority.  The submitted scheme must have regard to 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 day’s notice to the Local Planning Authority prior to commencing works in connection with the remediation scheme.

 

12. No buildings hereby approved shall be occupied until:

 

a)    The approved remediation works required by condition 11 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, then all works must be suspended until the nature and extent of the contamination is assessed and a report is submitted to and approved in writing by the Local Planning Authority, who 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 the Phase I contaminated land assessment (desk-study) ref.102058, submitted with the application and through the process described in condition 15 above.

 

c)     Upon completion of the remediation works required by condition 11 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.

 

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

 

Statement of Decision Process

 

1. The proposal is compliant with the policies and guidelines adopted by the Council and the decision has been taken in accordance with the guidelines of the National Planning Policy 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.