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 for the material change of use of land known as Station Yard, Pleasley (formerly Pleasley West Railway Station) to accommodate 7 residential static caravans as permanent homes including parking, turning and amenity areas within the site.

 

The application had been referred to the Committee for determination following a call-in request from Councillor Tom Kirkham.

 

Additional information was contained in the Supplementary Agenda – Update Sheet.

 

Matt Williams spoke in favour of the application.

 

Antony Marshall spoke in favour of the application.

 

Questions were raised on the following matters: the mature trees present on site (there was no intention to remove); the results of recent felling / tree pruning activity; the maintenance of the access road (offers / contributions to resurface after completion had been made); foul water disposal (the system would be connected directly to Chesterfield Road, if feasible); alternate access; the installation of park homes (these would be delivered as ‘twin units’ and transported via the same HGV as clearing efforts); and mitigation efforts during construction.

 

Moved by Councillor Steve Fritchley and seconded by Councillor Tom Munro

RESOLVED that application no. 25/00509/FUL be APPROVED subject to the following planning conditions:

 

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

 

2.     There shall be no more than seven caravans stationed on the site at any one time. The caravans shall meet the legal definition of a caravan under Section 29(1) of the Caravan Sites and Control of Development Act 1960 as amended in 1968 and 2006 (or of any Act revoking and re-enacting or amending that Act with or without modification).

 

3.     That seven caravans hereby approved shall be occupied as a person's sole, or main place of residence and shall not be occupied for holiday let purposes.

 

4.     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:

 

Site Location Plan - drawing number 25019-2 Rev A dated 25/03/2025 Proposed Site Layout Plan - drawing number 25019-1 Rev C dated 18/02/2025

 

5.     Prior to the commencement of the development hereby permitted, a scheme of foul drainage and surface water disposal must be submitted and approved by the local planning authority. Prior to the occupation of the development the approved drainage schemes must be implemented fully accordance with the agreed scheme and be maintained thereafter.

 

6.     Prior to the installation of any 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 must provide details of the chosen luminaires, their locations and any mitigating features such as dimmers, PIR sensors and timers. Once agreed the lighting scheme must be implemented fully in accordance with the agreed details and be maintained thereafter.

 

7.     No development shall take place (including demolition, ground works, vegetation clearance and movement of plant, machinery and materials) until a Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) must include the following.

 

a)    Risk assessment of potentially damaging construction activities.

b)    Identification of "biodiversity protection zones".

c)     Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction.

d)    The location and timing of sensitive works to avoid harm to biodiversity features.

e)    The times during construction when specialist ecologists need to be present on site to oversee works.

f)      Responsible persons and lines of communication.

g)    The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h)    Use of protective fences, exclusion barriers and warning signs.

 

The approved CEMP must be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

 

8.     No dwelling must be occupied until full details of both hard and soft landscape works with an associated implementation plan, management schedule and monitoring, has been submitted to and approved in writing by the Local Planning Authority. The hard landscaping details must include the proposed hard surfaced materials. The soft landscape works must include a planting plan; schedules of any plants and trees, noting species, plant/tree sizes and proposed numbers/densities to demonstrate how the 10% biodiversity net gain will be provided in accordance with the submitted metric. All planting must be implemented in accordance with the approved details in the first available planting season. The created and/or enhanced habitat specified must be managed and maintained fully in accordance with the agreed landscaping plan.

 

9.     Prior to first occupation of the hereby approved development:

 

a)    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 features, which will include (but are not limited to) the following:

·       external bird boxes x 3

·       external bat box x 1

·       fencing gaps 130 mm x 130 mm to maintain connectivity for hedgehogs in all gardens.

·       details of wildlife friendly landscaping to include a list of the plants to be used to benefit pollinating insects.

 

Once agreed the approved measures shall be implemented fully in accordance with the agreed details and be maintained thereafter.

 

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

 

10. The hereby approved seven no. static caravans shall not be occupied until the off-road parking for each mobile unit is provided in full. Once provided the parking shall be maintained free from obstruction thereafter.

 

11. Prior to first occupation precise details of a bin presentation and collection point must be defined on a plan and submitted to and approved in writing by the Local Planning Authority. Once approved the bin collection point shall be implemented and maintained thereafter.

 

12. Before the commencement of the development hereby approved a Remediation Strategy, based upon the recommendations of the Phase 2 Site Investigation Report reference M25-086, shall be submitted to and approved in writing by the local planning authority. The remediation works shall ensure that the development 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 shall give at least 14 days notice to the Local Planning Authority (Environmental Health Division) prior to commencing works in connection with the remediation scheme.

 

13. No dwelling hereby approved shall be occupied until:

 

a)    The approved remediation works required by 12 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 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.

 

c)     Upon completion of the remediation works required by 1 above 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.

 

14. Prior to the first occupation of the site, a detailed scheme of boundary treatment for the site 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 thereafter.

 

15. Notwithstanding the submitted Phase 1 Desk Study - Section "6.5 Preliminary Slope Stability Assessment", prior to the commencement of development a geotechnical professional must carry out and submit a revised slope stability assessment report to the Local Planning Authority for approval in writing of the slopes which surround the application site. The report must demonstrate that the site is safe and stable for the development proposed and provide remediation, if necessary. The assessment must give consideration to the following:

 

a)    Avoiding disturbance to the slopes that might impact stability, including to the toe of the slope, which may have been removed in certain places on the site.

 

b)    Any proposed excavations made in the ground in front of the toe of the slopes to incorporate appropriate temporary/permanent works and/or control measures to minimise the risks of them becoming unstable.

 

c)     Consider the impacts of the construction phase including the management of surface water run-off to prevent it reaching or accumulating within or alongside the slopes.

 

Once approved the development must proceed fully in accordance with the agreed slope stability assessment and any approved remediation must be implemented prior to the first occupation of the site.

 

Reasons for Conditions

 

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

 

2.     To define the terms of this permission as proposed, and to prevent environmental harm and adverse impacts and on residential amenity through intensification in use of the site, in accordance with Policy SC3 of the Adopted Local Plan for Bolsover District.

 

3.     In the interests of protecting residential amenity in accordance with Policy SC3 and SC11 of the Adopted Local Plan for Bolsover District.

 

4.     To define the terms of this permission as proposed, and to prevent adverse impacts on residential amenity in accordance with Policy SC3 of the Adopted Local Plan for Bolsover District.

 

5.     This is a pre-commencement of development condition which is necessary in the interests of preventing unsatisfactory surface water run-off and enabling an adequate means of foul disposal in accordance with Policy SC7 and SC11 of the Adopted Local Plan for Bolsover District.

 

6.     In the interests of safeguarding bats and other protected species from harmful light glare in accordance with Policy SC9 of the Adopted Local Plan for Bolsover District.

 

7.     This is a pre-commencement of development condition necessary to prevent harm to protected species during the construction phase in accordance with Policy SC9 of the Adopted Local Plan for Bolsover District.

 

8.     In the interests of securing 10% biodiversity net-gain in accordance with Policy SC9 of the Adopted Local Plan for Bolsover District.

 

9.     In the interests of securing sufficient biodiversity enhancement on site in accordance with Policy SC9 of the Adopted Local Plan for Bolsover District.

 

10. In the interests of securing sufficient off-road parking in the best interests of highway safety in accordance with Policy ITCR11 of the Adopted Local Plan for Bolsover District.

 

11. In the interests of defining an acceptable bin collection point in the best interests of highway safety in accordance with Policy SC3 of the Adopted Local Plan for Bolsover District.

 

12. This is a pre-commencement of development condition necessary to ensure the site is developed free from unacceptable levels of land contamination in accordance with Policy SC14 of the Adopted Local Plan for Bolsover District.

 

13. To ensure the site is developed free from unacceptable levels of land contamination in accordance with Policy SC14 of the Adopted Local Plan for Bolsover District.

 

14. In the interests of protecting the rural character of the area and the privacy of existing and future occupants in accordance with Policy SC3 of the Adopted Local Plan for Bolsover District.

 

15. This is a pre-commencement of development condition necessary to ensure the site is made safe and stable for future occupants in accordance with Policy SC14 of the Adopted Local Plan for Bolsover District.

 

Statement of Decision Process

 

1.     Officers have worked positively and pro-actively with the applicant 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.

 

The decision contains pre-commencement conditions which are so fundamental to the development permitted that:

 

-        it would have been otherwise necessary to refuse the whole permission; or

-        are necessary to address issues that require information to show that the development will or can be made safe, or

-        address other impacts which need to be assessed to make the development acceptable to minimise and mitigate adverse impacts from the development.

 

The planning agent has agreed in writing to the conditions attached to this consent.

 

Notes

 

1.     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.

 

2.     Bolsover District Council's Senior Engineer advises as follows:

 

a)    The sewer records do not show any public sewers within the curtilage of the site. However, the applicant should 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.

 

b)    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.

 

c)     The developer should provide detailed proposals of the disposal of foul and surface water from the site and give due consideration to the use of SUDS, which should be employed whenever possible.

 

d)    Where SuDS features are incorporated into the drainage design it is strongly recommended that the developer provides the new owners of these features with sufficient details for their future maintenance.

 

e)    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.

 

3.     In relation to Condition 5 Severn Trent Water Ltd refers to Planning Practice Guidance and Section H of the Building Regulations 2010 -detail surface water disposal hierarchy. The disposal of surface water by means of soakaways should be considered as the primary method. If this is not practical and there is no watercourse available as an alternative, other sustainable methods should also be explored. If these are found unsuitable satisfactory evidence will need to be submitted before a discharge to the public sewerage system is considered. No surface water to enter the foul or combined water systems by any means.

 

With regard to network capacity, this response only relates to the public waste water network and does not include representation from other areas of Severn Trent Water, such as the provision of water supply or the protection of drinking water quality.

 

Before undertaking any work on site, all applicants must determine if Severn Trent has any assets in the vicinity of the proposed works. This can be done by accessing Severn Trent records at www.digdat.co.uk.

 

Severn Trent Water advise that if its statutory records do not show any public sewers within the area specified, there may be sewers that have been recently adopted under The Transfer of Sewer Regulations 2011. Public sewers and Water mains have statutory protection and may not be built close to, or diverted without consent, consequently the applicant/developer must contact Severn Trent to discuss the proposals. Severn Trent will seek to assist you in obtaining a solution which protects both the public sewer and the proposed development.

 

4.     In relation to Condition 6, Derbyshire Wildlife Trust advises 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.

 

5.     In relation to the surface water disposal scheme to be agreed under condition 5, The Local Highway Authority advises that drainage arrangements should be provided to ensure that surface water from the driveway and/or vehicular turning area does not discharge onto the public highway. No drainage or effluent from the proposed development should be allowed to discharge into any highway drain or over any part of the public highway.

 

6.     The applicants/developer are made aware that the County Council does not wish for any structural assets such as retaining walls or similar to be built upon County Council land as the County Council would not assume any maintenance responsibilities or liabilities associated with their function. The development site is surrounded on three sides by the Country Park. The Country Park is at a higher level to the development and the existing tree cover may prompt future requests by potential occupants to remove tree and vegetation growth. Occupants should be aware that the tree cover surrounding the properties cannot be removed at any point in the future regardless of claims to any impact on the house structure and/or the residential use of that dwelling, other than for health and safety reasons.

 

7.     The applicant is encouraged to erect lockable gates at the site entrance and to display contact details of a person(s) whom to contact in the event of an incident when the plots are not occupied.

 

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. 

 

The decision contains several pre-commencement conditions which are so fundamental to the development permitted that:

 

·       it would have been otherwise necessary to refuse the whole permission; or

·       are necessary to address issues that require information to show that the development will or can be made safe, or

·       address other impacts which need to be assessed to make the development acceptable to minimise and mitigate adverse impacts from the development. 

 

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.

 

 

The meeting was adjourned at 11:04 hours for a comfort break and reconvened at 11:18 hours.