Agenda item

The  Development Management and Land Charges Manager explained that the item was deferred from the Committee’s 29^th October 2025 meeting to give the applicant an opportunity to address concerns that the proposals would result in the overdevelopment of the site and to consider increasing the number of car parking spaces.

 

Following deferral of the application, the applicant had reduced the overall footprint of the building, setting it back slightly so that the principal elevation was broadly in-line with the adjacent dwelling.  2 additional parking spaces at the front of the site had also been added (providing 6 spaces in total to satisfy the development plan requirement of the Local Highway Authority standards), providing a policy complaint level of parking.

 

The amenity spaces serving the development had reduced.  However, they were considered to be acceptable and in accordance with the relevant provisions of the development plan and it remained that the proposed building in terms of its siting, scale and design would not result in unacceptable overbearing or overshadowing effects or result in a significant loss of privacy.  A recommendation of approval was put forward on this basis.

 

Further submissions had been received and were detailed in the supplementary document.

 

Jon Pilkington, the Agent, spoke in favour of the application.

 

To a question on the boundary of the application, Jon Pilkington informed it would remain what currently existed with the garage structures: 1.8 metres.

 

8 in favour

0 against

 

Moved by Councillor Tom Munro and seconded by Councillor Rob Hiney-Saunders

RESOLVED that application no. 25/00184/FUL be APPROVED 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 hereby permitted must be carried out in accordance with the following:

·       Proposed site layout, elevations and floor plans (dwg no. PA/24-023 SK 80 01 E) received on the 14^th November 2025.

·       Preliminary Ecological Appraisal Report received on the 14^th April 2025.

·       Coal Mining Risk Assessment received on the 25^th June 2025.

 

3.     No development shall take place above foundation level of the apartment block until such time that samples of the materials and finishes (brick, roof tile, render) have been submitted to and approved in writing by the Local Planning Authority.

 

4.     The development hereby approved must not become occupied until a detailed scheme for the boundary treatment of the site, including position, design and materials, and to include all boundaries or divisions within the site, has been submitted to and approved in writing by the Local Planning Authority.  The approved scheme must be completed before the building is first occupied or such other timetable as may first have been approved in writing with the Local Planning Authority.

 

5.     The development hereby approved must not become occupied until full details of both hard and soft landscape works including a programme for implementation have been submitted to and approved in writing by the Local Planning Authority, and the works must be carried out as approved.

 

6.     If within a period of five years from the date of the planting of any tree or shrub that tree or shrub may die, be removed, uprooted or become seriously damaged it must 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.

 

7.     Prior to the installation of 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 should provide details of the chosen luminaires, their locations and any mitigating features such as dimmers, PIR sensors and timers. 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.

 

8.     Prior to building works commencing above foundation level, a Species Enhancement Plan must be submitted to and approved in writing by the Local Planning Authority. Approved measures must be implemented in full and maintained thereafter.  The Plan must clearly show positions, specifications and numbers of features.

 

9.     The development hereby approved must not be occupied until the access, parking and turning facilities have been provided as shown on drawing (dwg no. PA/24-023 SK 80 01 E) received on the 14th November 2025.

 

10.No development shall commence (excluding demolition) until;

 

a)    scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past coal mining activity, and;

b)    any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is safe and stable for the development proposed.

 

The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance.

 

11.Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development must be submitted to the Local Planning Authority for approval in writing. This document must confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.

 

12.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 must 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 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.

 

13.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 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 days notice to the Local Planning Authority prior to commencing works in connection with the remediation scheme.

 

14.The development hereby approved must not become occupied until:

 

a)    The approved remediation works required by condition 13 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 condition 12 and satisfy 14a above.

c)     Upon completion of the remediation works required 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.

 

Reasons for Condition(s)

 

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

 

2.     To ensure that the development takes the form as envisaged by the Local Planning Authority, and for the avoidance of doubt.

 

3.     To ensure a satisfactory appearance of the completed development.  In the interests of visual amenity and in compliance with policies SS1 and SC3 of the adopted Local Plan.

 

4.     To ensure a satisfactory appearance of the completed development and to ensure that adequate privacy is provided for new and existing residents.  In the interests of amenity and in compliance with policies SS1 and SC3 of the adopted Local Plan.

 

5.     To ensure a satisfactory appearance of the completed development.  In the interests of visual amenity and in compliance with policies SS1, SC3 and SC9 of the adopted Local Plan.

 

6.     To ensure that the landscaping for the proposed development can establish.  To ensure a satisfactory appearance of the completed development.  In the interests of visual amenity and in compliance with policies SS1, SC3 and SC9 of the adopted Local Plan.

 

7.     To ensure that bats and other nocturnal species are not adversely affected by artificial light. In the interests of biodiversity and in compliance with policies SS1, SC2 and SC9 of the adopted Local Plan.

 

8.     In the interests of biodiversity net gain, and the enhancement / creation of other nature conservation interests. In compliance with policies SS1, SC3 and SC9 of the adopted Local Plan.

 

9.     To ensure conformity with submitted details.  In the interests of highway safety and to ensure that the layout provides sufficient access for vehicles.  In compliance with policies SS1, SC2, SC3, and ITCR10 of the adopted Local Plan.

 

10.The undertaking of intrusive site investigations, prior to the commencement of development, is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development, in accordance with paragraphs 187, 196 and 197 of the National Planning Policy Framework and policies SS1, SC2. and SC14 of the adopted Local Plan.

 

11.The undertaking of intrusive site investigations is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development, in accordance with paragraphs 187, 196 and 197 of the National Planning Policy Framework and policies SS1, SC2. and SC14 of the adopted Local Plan.

 

12.To protect future occupiers of the development, buildings, structures/services, ecosystems and controlled waters, including deep and shallow ground water.  In the interests of residential amenity and ground conditions, and in compliance with policies SS1, SC3, and SC14 of the adopted Local Plan.

 

13.To protect future occupiers of the development, buildings, structures/services, ecosystems and controlled waters, including deep and shallow ground water.  In the interests of residential amenity and ground conditions, and in compliance with policies SS1, SC3, and SC14 of the adopted Local Plan.

 

14.To protect future occupiers of the development, buildings, structures/services, ecosystems and controlled waters, including deep and shallow ground water.  In the interests of residential amenity and ground conditions, and in compliance with policies SS1, SC3, and SC14 of the adopted Local Plan.

 

Note(s):

1.     Stopping Up/Diversion of Adopted Highway

You are advised that to facilitate the development an order must be obtained to divert the adopted highway under sections 247 of the Town and Country Planning Act 1990. Contact the National Transport Casework team. As part of the consultation process, associated with such applications, the Highway Authority and other interested parties will be given the opportunity to object to the proposed stopping-up. It should be noted that the Highway Authority's acceptance of the proposals for planning purposes does not preclude an objection being raised by the Authority at this stage.

 

2.     Ground Investigations

Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Mining Remediation Authority Permit. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Application forms for Mining Remediation Authority permission and further guidance can be obtained from The Mining Remediation Authority's website at: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property What is a permit and how to get one? - GOV.UK (www.gov.uk)

 

3.     Shallow Coal Seams

In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities. To check your site for coal mining features on or near to the surface the Coal Authority interactive map viewer allows you to view selected coal mining information in your browser graphically. To check a particular location either enter a post code or use your mouse to zoom in to view the surrounding area

 

4.     The sewer records show a public sewer within the area of the proposed work (plan enclosed). The applicant should also 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.

 

5.     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.

 

6.     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.

 

7.     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.

 

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.

 

 

Councillor Sally Renshaw returned to the meeting at 10:17 hours.

 

Councillor Clive Moesby left the meeting at 10:18 hours.