Agenda item

Committee considered a report in relation to the above application presented by the Principal Planner, who gave details of the application and highlighted the location and features of the site and key issues. The application was deferred from the Committee’s previous meeting to enable the applicant and Derbyshire County Council (DCC) to discuss an agreeable solution to the potential developer contributions and allow DCC to commission their own viability appraisal in respect of the linked request to modify the obligations contained in the legal agreement associated with outline permission 14/00080/OUTEA.

 

Details on further submissions / representations were detailed in the supplementary agenda.

 

There were no further changes to the recommendations of the report.

 

Councillor Tom Munro left the meeting at 11:49 hours.

 

Paul Bulter (the Agent) spoke in favour of the application.

 

Clarifications were sought on the provision of solar panels on properties, the number of bungalows, and the provision of allotments / green spaces.

 

7 in favour

0 against

 

Moved by Councillor Steve Fritchley and seconded by Councillor Phil Smith

RESOLVED that application no. 25/00069/REM be APPROVED following the completion    of a DoV linked to the request under application 25/00433/OTHER and subject to           the following conditions, which are provided below draft form, with the final wording          to be agreed by the Development Management and Land Charges Manager and          the Principal Planners:

 

Conditions

1. Unless otherwise required and/or approved under other conditions of this consent, or conditions of outline planning permission 14/00080/OUTEA that are still to be complied with, the development hereby permitted shall be carried out in accordance with the following approved drawings and documents:-

 

Documents submitted with the original reserved matters application:-

·       House Type Pack (Persimmon)

·       GTC-E-SS-0012-R2 1 OF 1 - Strata - Close Coupled Substation Pyramid Roof Detail General Arrangement

 

Documents submitted 08/08/2025:-

·       House Type Pack (Stancliffe Homes)

 

Documents submitted 08/10/2025:-

·       P2612 - V - 1001 REV B - Visibility Splays and Forward Visibility in Line With 20mph Speed Limit

·       P2612 - V - 1002 REV B - Visibility Splays and Forward Visibility in Line With 20mph Speed Limit

 

Documents submitted 16/10/2025:-

·       P24-1323_EN_001H - Town Park Landscape Masterplan

·       P24-1323_EN_002G - Town Park Detailed Hard and Soft Landscape Proposals

·       P24-1323_EN_003F - Wider Site Landscape Masterplan  

·       P24-1323_EN_004F - Hedgerow Plan  

·       P24-1323_EN_005B - Longlands Welbeck Rd Landscape Proposals

·       P24-2401_DE_015_S - Planning Layout (Stancliffe) 

·       P24-2401_DE_016_G - Materials Plan (Stancliffe)

·       P24-2401_DE_017_F - Boundary Treatments Plan (Stancliffe)

·       P24-2401_DE_025_R - Planning Layout (Persimmon)

·       P24-2401_DE_026_F - Materials Plan (Persimmon) 

·       P24-2401_DE_035_E - Key Dimensions 

·       HTP-V01 - Strata Updated House Type Pack July 2025

 

Documents submitted 30/10/2025:-

·       P24-2401_DE_003_N - Composite Masterplan (B&W)

·       P24-2401_DE_003_N - Composite Masterplan (Colour)

·       P24-2401_DE_005_W - Planning Layout (Strata)

·       P24-2401_DE_006_F - Materials Plan (Strata)

·       P24-2401_DE_007_F - Boundary Treatments Plan (Strata)

·       P24-2401_DE_027_F - Boundary Treatments Plan (Persimmon)

·       P24-2401_DE_028_F - Composite Materials Plan

·       P24-2401_DE_029_E - Composite Boundary Treatments

·       P24-2401_DE_032_E - Management Plan

·       P24-2401_DE_033_F - Highways Adoption Plan

·       P24-2401_DE_041_B - Highways Materials Plan

 

Document submitted 04/11/2025:-

·       BOL2-ELCD-001 Rev. A - Elmton Lane Crossing Detail

 

Documents submitted 20/11/2025:-

·       Revised spine road delivery plan.

·       Revised spine road delivery programme.

 

Documents submitted 02/12/2025:-

·       Strata Oporto House Type (ref. BM-C4-0100-A2-01-P2)

·       Additional Phasing Plan (ref. P24-2401_DE_044_A)

 

[REASON: To clarify the extent of the planning permission in the light of guidance set out in "Greater Flexibility for planning permissions" by the Department for Communities and Local Government, November 2009 and for the avoidance of doubt having regard to the amended and additional documents that have been submitted.]

 

2. The submitted hard and soft landscaping details submitted with the planning application, containing full details and specifications for all soft landscaping including replacement hedges, full details of all means of enclosure, highway and footpath surfacing and a detailed specification for the permanent management and maintenance for all public areas, are not hereby approved, and the requirements of conditions 15 and 16 of outline planning permission ref. 14/00080/OUTEA are not hereby discharged. Revised details must have been submitted to and approved in writing by the Local Planning Authority in accordance with the general requirements of conditions 15 and 16 of outline planning permission ref. 14/00080/OUTEA prior to the commencement of any development, which may be agreed on a phased basis, subject to prior written agreement with the Local Planning Authority on such phasing areas to ensure that all sub-areas are incorporated, including individual developer areas, Town Park and SuDS/Landscape zones outside of these areas.

 

[REASON: To ensure that satisfactory landscaping is provided within a reasonable period and managed for the long term in the interests of visual amenity and biodiversity and in compliance with Policies SS1(h an i), SC2(d, h and i), SC3(a, b e, f and i). SC9 and SC10 of the Local Plan for Bolsover District.]

 

3. Prior to the erection of any dwelling above foundation level within any developer phase, a phasing programme for the implementation of all the proposed street trees within that phase that must include all trees along the existing/proposed spine road closest to that developer’s phase that are shown within the joint venture highway areas on the submitted phasing plan ref. P24-2401_DE_044_A, must have been submitted to and approved in writing by the Local Planning Authority; this must include a programme of management and maintenance for up to the point at which the highway (including the street trees) is adopted.  The street trees must then be provided and maintained in accordance with that programme and management and maintenance scheme at all times, up to the date of their adoption by the Highway Authority.

 

[REASON: To ensure that satisfactory landscaping is provided within a reasonable period and managed for the long term in the interests of visual amenity and biodiversity and in compliance with Policies SS1(h an i), SC2(d, h and i), SC3(a, b e, f and i). SC9 and SC10 of the Local Plan for Bolsover District, with specific regard to the requirement to provide street trees within the National Planning Policy Framework.]

 

4. In terms of any soft landscaping within individual dwelling curtilages, 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.

 

[REASON: To ensure that any soft landscaping is suitably maintained in the interests of visual amenity and biodiversity and in compliance with Policies SS1(i), SC2(h and i), SC3(a, b and e), SC9 and SC10 of the adopted Local Plan for Bolsover District.]

 

5. Retained hedgerows must be protected and maintained at all times during the course of the development, and at all times thereafter. Additionally, prior to the occupation of any dwelling that adjoins a retained hedgerow, details of an information pack to advise new homeowners on hedgerow management must have been submitted to and approved in writing by the Local Planning Authority. The hedgerow guidance should include the following:

 

·       Wildlife importance of hedgerows for insects, birds, amphibians, and small mammals

·       Ideal management to maintain the hedgerows for the benefit of wildlife.

·       Additional actions homeowners can take in their gardens to assist the hedgerow wildlife.

 

The approved hedgerow guidance document must be issued to the initial purchaser of each new dwelling.

 

[REASON: To ensure the ongoing management and maintenance of the retained hedgerow in the interests of visual amenity and biodiversity, and in compliance with Policies SS1(i), SC2(h and i), SC3(a, b and e), SC9 and SC10 of the adopted Local Plan for Bolsover District and the requirements of the National Planning Policy Framework.]

 

6. Notwithstanding the submitted details, full details of all external walling and roofing materials following the principles established on the submitted materials plans must have been submitted to and approved in writing for each dwelling, prior to the construction of that dwelling above foundation level.  Only the details approved under this condition must be implemented as part of the development.

 

[REASON: To ensure a satisfactory standard of external appearance and in compliance with Policies SS1(h), SC1(a and e), SC2(g and i), and SC3(a, b and e) of the adopted Local Plan for Bolsover District.]

 

7. No meter boxes shall be fixed to elevations fronting a highway without the prior written approval of the Local Planning Authority having been provided with details of the colour of such features beforehand.

 

[REASON: To ensure a satisfactory standard of external appearance and in compliance with Policies SS1(h), SC1(a and e), SC2(g and i), and SC3(a, b and e) of the adopted Local Plan for Bolsover District.]

 

8. Prior to any works commencing within each developer phase, except for the installation of any protective fencing for retained landscaping, archaeological works and site clearance works, details of the finished floor levels for all dwellings must have been submitted to and approved in writing by the Local Planning Authority and the scheme as constructed must fully accord with any approved details.

 

[REASON: To ensure a satisfactory standard of external appearance and amenity and in compliance with Policies SS1(h), SC1, SC2(h and i), and SC3(a, b, e and n) of the Local Plan for Bolsover District.]

 

9. Prior to their installation, full details of any proposed Pumping Stations or Sub-Stations must have been submitted to and approved in writing by the Local Planning Authority, and the completed development must be carried out only in accordance with those approved details.

 

[REASON: To ensure a satisfactory standard of external appearance and in compliance with Policies SS1(h), SC1(a and e), SC2(g and i), and SC3(a, b and e) of the adopted Local Plan for Bolsover District.]

 

10. Prior to the development on any plot above foundation level within the eastern section of the Persimmon development (shown as phases 4 – 11, coloured green, on the phasing programme submitted on the 20^th November 2025), a detailed scheme of noise attenuation measures, using the findings of the revised and agreed Noise Impact Assessment ref: P7884-R1-V5 dated 2nd December 2025 submitted under this condition, to include for adequate ventilation to avoid overheating, must have been submitted to and approved in writing by the Local Planning Authority.  The approved scheme must be implemented in full prior to the occupation of any affected dwelling and must always be retained thereafter.

 

[REASON: To protect the aural amenity of future occupiers of the proposed dwellings and in compliance with Policies SS1(h), SC1(a and c), SC2(a and d), SC3(a, l and n), and SC11 of the adopted Local Plan for Bolsover District.]

 

11. Prior to occupation of each dwelling requiring noise mitigation measures under any scheme approved under the terms of condition 10 above, the scheme as approved and implemented must be validated in respect of that dwelling by a competent person and a validation report must have been submitted to and approved in writing by the local planning authority in respect of that dwelling.

 

[REASON: To protect the aural amenity of future occupiers of the proposed dwellings and in compliance with Policies SS1(h), SC1(a and c), SC2(a and d), SC3(a, l and n), and SC11 of the adopted Local Plan for Bolsover District.]

 

12. Notwithstanding the submitted details, prior to the occupation of plots S208, S209 and S214, revised details of the proposed position of the pedestrian gates to access the rear gardens of those plots into a more prominent location visible from the public domain, must have been submitted to and approved in writing by the Local Planning Authority.  The gate to each property must be erected in accordance with the details approved under this condition prior to its occupation and must be maintained as such thereafter.

 

[REASON] In the interests of crime prevention and in accordance with the requirements of Policy SC3 (f) of the Local Plan for Bolsover District.

 

13. Prior to the occupation of the dwellings on plots PE247-253, PE254-258, PW344-348 and PW 307-311, fencing or other appropriate means of enclosure (low knee rail fence suggested) must have been provided to define the boundary between public and private areas alongside the entire length of any private driveway alongside each affected plot, all provided in accordance with details that must previously have been submitted to and approved in writing by the Local Planning Authority, which must be retained as approved at all times thereafter.

 

[REASON: In order to clearly identify the boundary between public and private domains in the interests of crime prevention and in accordance with the requirements of Policy SC3 (f) of the Local Plan for Bolsover District and to ensure a satisfactory standard of external appearance in compliance with Policies SS1(h), SC1(a and e), SC2(g and i), and SC3(a, b and e) of the adopted Local Plan for Bolsover District.]

 

14. Prior to the occupation of any dwelling within or adjoining any individual developer phase, details of lighting to any proposed footpaths and private driveways, excluding any areas that would form part of any adopted street, must have been submitted to and approved in writing by the Local Planning Authority, which must include an implementation programme for its installation.  The approved scheme must be implemented in accordance with the approved programme and maintained as approved at all times thereafter.

 

[REASON: In the interests of crime prevention and in accordance with the requirements of Policy SC3 (f) of the Local Plan for Bolsover District and to ensure a satisfactory standard of external appearance in compliance with Policies SS1(h), SC1(a and e), SC2(g and i), and SC3(a, b and e) of the adopted Local Plan for Bolsover District.]

 

15. Prior to the development of the section of the link road closest to Longlands (shown blue on the approved phasing plan and programme submitted on 20^th November 2025, revised details for this area must have been submitted to and approved in writing by the Local Planning Authority and the approved scheme must be provided in accordance with that detail.

 

[REASON: In order to enable revised detail to account for minor discrepancies on that plan in respect of the need to retain existing access points to adjacent properties and to control the final detail of this area to ensure a satisfactory standard of external appearance and amenity and in compliance with Policies SS1(h), SC1, SC2(h and i), and SC3(a, b, e and n) of the Local Plan for Bolsover District.]

 

16. Prior to the commencement of the demolition of 42 Welbeck Road, details for the treatment for gable wall at 44 Welbeck Road must have been submitted to and approved in writing by the Local Planning Authority, and the scheme must be implemented as approved.

 

[REASON: To ensure a satisfactory standard of external appearance and amenity and in compliance with Policies SS1(h), SC1, SC2(h and i), and SC3(a, b, e and n) of the Local Plan for Bolsover District.]

 

17. Notwithstanding the submitted details, prior to the occupation of any dwelling approved by this reserved matters consent, revised details for the location and treatment of proposed bus stops must have been submitted to and approved in writing by the Local Planning Authority, to include details of their delivery in line with the parameters of the approved phasing programme for the delivery of the spine road, as submitted on the 20^th November 2025, and the approved details must be implemented in accordance with this approved detail.

 

[REASON: To provide a suitable location and treatment of any proposed public transport facilities, in the interest of the character and appearance of the development, as well as the amenities of residents, and in compliance with Policies SS1(h), SC1, SC2(h and i), and SC3(a, b, e and n) of the Local Plan for Bolsover District.]

 

Statement of Decision Process

In compliance with the National Planning Policy Framework the Council has negotiated amendments, including partial withdrawal of elements of the original submission, and sought additional submissions in respect of site layout, highway safety, crime prevention, flood risk, ecology and noise to seek compliance with the outline planning permission, policies of the adopted Local Plan for Bolsover and the NPPF.

 

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.

 

 

Councillors Sandra Peake and Deborah Watson left the meeting at 12:06 hours.