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 change of use of the first and second floors from ancillary accommodation (previously used in association with the existing ground-floor takeaway) to a 3-bedroom house in multiple occupation (HMO) which falls within use class C4.  The application had been referred to the Committee by Councillor Jane Yates for the reason outlined in the report.

 

Parish Councillor Andrew Stevens spoke against the application on behalf of Shirebrook Town Council.

 

A statement on the application was read out on behalf of Councillor Jane Yates.

 

Rayan Qureshi (the applicant) spoke in favour of the application.

 

To a question on parking, Rayan Qureshi informed 1 parking space remained available with the other 2 having been offered freely for public use.

 

In answer to a question, Rayan Qureshi informed work on the property’s exterior envelope would include insulation, the replacement of the roof and the improvement of the frontage.

 

The number of en-suite bedrooms intended was confirmed.

 

The Development Management and Land Charges Manager informed, if approval was given, subsequent building regulation requirements would ensure all safety (including fire safety), energy efficiency and sanitatory standards were met.

 

Members acknowledged the concerns raised on the concentration of the District’s HMOs in Shirebrook.

 

The Senior Devolution Lead for Planning Policy, Strategic Growth and Housing reported the current numbers of Licensed and non-licensed HMOs in Shirebrook and data on the number of enquiries, complaints and investigations relating to HMOs across the District as provided by the Joint Environmental Health Team, the Council’s core service relating to HMOs.  This information highlighted that the small number of complaints received for 2025, less than one a month, reflected that based on available evidence the scale of reported  registered remained low.

 

It was added that despite this low level of complaints, the Council took the disturbance that could be created by residential and commercial properties seriously and that the Council would be promoting the services of its Joint Environmental Health Team to ensure that members of the public were aware of how to report any problems to the Council.

 

All reports were treated seriously and would be investigated and responded to by the Joint Environmental Health Team.

 

A clarification was sought on the access points of the property.  Access to the HMO would be via the front and rear doors serving the ground floor takeaway use.

 

The Development Management and Land Charges Manager reassured that, as detailed in the list of recommendations, a management plan for the accommodation (which must include the vetting of occupants, day-to-day management of the site and methods for dealing with and reporting of incidents of anti-social behaviour) would need to be submitted to the Council before any first occupation.

 

5 in favour

2 against

 

Moved by Councillor Tom Munro and seconded by Councillor Phil Smith

RESOLVED that planning application no. 25/00446/FUL be APPROVED subject to the following planning 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 and details submitted with the application:

·       Existing / Proposed Site Plan (KAP-SITE-001);

·       Existing Elevations (No External Changes) (KAP-EX-002);

·       Proposed Floor Plans (KAP-PRO-001);

·       Noise Impact Assessment;

·       Odour Impact Assessment received on the 28^th January 2026.

 

3. Prior to the commencement of development, a scheme of extraction, dispersal and control of cooking odour, together with details of all elements of the inlet and extract systems must be submitted to and approved in writing by the Local Planning Authority.  The approved scheme must be implemented in full prior to the occupation of the development hereby approved and must be permanently retained as such thereafter.

 

4. Notwithstanding the existing noise mitigation measures, prior to the occupation of the development hereby permitted, the mitigation measures recommended in noise assessment project number NALPRO241125.01 must be implemented in full.  The extraction unit must be maintained to ensure that at no time noise from the system exceeds the internal plant noise levels provided in table 4.

 

5. Prior to the first occupation of the HMO accommodation hereby approved, a management plan for the accommodation which must include the vetting of occupants, day-to-day management of the site and methods for dealing with and reporting of incidents of anti-social behaviour must be submitted to and approved in writing by the Local Planning Authority.  The accommodation must thereafter be managed in accordance with the approved details in perpetuity.

 

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 the interests of proper planning of the local area.

 

3. To ensure acceptable amenity impacts for existing and future residents and in compliance with policies SC3 and SC11 of the Local Plan for Bolsover District.

 

4. To ensure acceptable amenity impacts on existing and future residents and in compliance with policies SC3 and SC11 of the Local Plan for Bolsover District.

 

5. In order to reduce incidences of anti-social behaviour and to ensure appropriate management of the HMO.

 

Advisory Note:

 

1. The applicant is reminded that the granting of planning permission for the house in multiple occupation (Use class C4) permits the use of the property by not more than six residents. Should the number of residents exceed six, this would constitute a breach in planning control.

 

2. It is advised that the applicants seek advice from other statutory bodies such as Building Control and Derbyshire Fire and Rescue Service, to determine whether other permissions or consents are required to operate the HMO. 

 

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.

 

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 Janet Tait returned to the meeting at 10:55 hours.