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 erection of 4 dwellings: 2 single-storey detached dwellings; and 1 pair of semi-detached two-storey dwellings.  The proposal was outside the development envelope and within an area of open countryside.  Judgement was therefore necessary on the planning balance having regard to the issues related to the development.

 

8 in favour

0 against

 

Moved by Councillor Steve Fritchley and seconded by Councillor Phil Smith

RESOLVED that planning application no. 25/00329/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. The development (including finished ground and floor levels) must be carried out in accordance with the plan number:

·       SLH-1-15-07-2025: Proposed floor plans and elevations;

·       SLH-2-15-07-2025: Proposed floor plans and elevations;

·       SLH-3-15-07-2025: Proposed floor plans and elevations;

·       SLH-4A-15-07-2025: Proposed block plan.

 

3. Before any other operations are commenced, space must be provided within the site for storage of plant and materials, site accommodation, loading, unloading and manoeuvring of goods vehicles, parking and manoeuvring of employees and visitors vehicles, laid out and constructed in accordance with detailed designs first submitted to and approved in writing by the Local Planning Authority.  Once implemented the facilities shall be retained free from any impediment to their designated use throughout the construction period.

 

4. Before the construction of the dwelling above foundation level, samples of the materials to be used in all external wall and roof areas must be submitted to and approved in writing by the Local Planning Authority.  The dwellings must be constructed in the approved materials and must be maintained as such thereafter.

 

5. Before the dwellings hereby approved are first occupied, a scheme for the boundary treatments within and around the site must be submitted to and approved in writing by the Local Planning Authority.  The approved boundary treatments must be provided on site in accordance with the approved scheme before the dwellings are first occupied and must be maintained as such thereafter.

 

6. Prior to occupation of each of the dwellings hereby approved, the two parking spaces for that dwelling shown on he approved plans must be provided on site in accordance with the approved plans and must be maintained available for parking thereafter.

 

7. Before development first commences on site, a landscaping scheme including a programme of implementation and details of the maintenance and management of the landscaping (including any on site habitat creation) for a 30-year period must be submitted to the Local Planning Authority for approval.  The landscaping scheme must be provided and maintained on site in accordance with the approved scheme.

 

8. Before any dwelling on the site is first occupied, the access and turning area shown on the approved plans must be provided on site in accordance with those plans and must be maintained as such thereafter.

 

9. Before any dwelling is first occupied, the site frontage must be made clear of obstruction over 1m in height for the first 2m back from the highway boundary.  This area must be maintained free from obstruction over 1m in height thereafter.

 

10. Before any of the dwellings hereby approved are first occupied, details of arrangements for storage of bins and collection of waste must be submitted to and approved by the Local Planning Authority.  The approved arrangements must be implemented on site before the dwellings are first occupied and the facilities retained for the designated purposes at all times thereafter.

 

11. Prior to building works commencing above foundation level, a Biodiversity Enhancement Plan must be submitted to and approved in writing by the Local Planning Authority.  The approved enhancements must be implemented in full before the dwelling hereby approved is first occupied and must be maintained as such thereafter.

 

12. Prior to the installation of any external 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.  The lighting scheme must be installed in accordance with the approved details and must be maintained as such thereafter.

 

13. 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 shall 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.

 

14. 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 shall have regard to relevant current guidance. The approved scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria and site management procedures. The scheme shall 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 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.

 

15. No dwelling hereby approved shall be occupied until:

 

a)    The approved remediation works required by 14 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 13b to 14 above and satisfy 15a above.

 

c)     Upon completion of the remediation works required by conditions 14 and 15a, 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.

 

Notes

1. BNG 1

 

2. All works should be undertaken in a manner by which to safeguard common reptiles, amphibians, nesting birds and hedgehogs. Immediately prior to commencement, the footprint of works should be checked for any wildlife. If any active bird nest is discovered, works must be delayed until chicks have fledged. Active nests are protected by law. Any scrub or shrubs requiring removal should be cut by hand to ground level and removed from the footprint of works so as not to create habitat piles. If common amphibians or reptiles are discovered, they should be allowed to move away freely or can be carefully collected with gloved hand and clean container and moved to an area of safety. Should great crested newt be found at any point during construction works, works must cease immediately, and an ecologist will be sought All rubble piles, leaf piles, compost heaps, dense vegetation and other general debris that could be used for shelter by hedgehogs shall be carefully cleared by hand to a location such as a skip, other container or raised pallets. This shall be undertaken prior to machinery entering site and avoiding the core hibernation period (November-February). If a hedgehog is discovered during clearance, it shall be moved immediately and carefully with gloved hands to an area of shelter such as beneath adjacent hedgerow/bushes. A short statement of compliance should be provided.

 

3. 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.

 

4. The applicant is advised that no demolition of buildings or structures should take place between 1st March and 31st August inclusive, unless preceded by a nesting bird survey undertaken by a competent ecologist no more than 48 hours prior to clearance. If nesting birds are present, an appropriate exclusion zone should be implemented and monitored until the chicks have fledged. No works should be undertaken within exclusion zones whilst nesting birds are present.

 

5. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act.

 

6. The applicant is advised that no building demolition works should take place between 1st March and 31st August inclusive, unless preceded by a nesting bird survey undertaken by a competent ecologist no more than 48 hours prior to clearance. If nesting birds are present, an appropriate exclusion zone will be implemented and monitored until the chicks have fledged. No works shall be undertaken within exclusion zones whilst nesting birds are present. Comments: The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act.

 

7. The applicant is advised that the biodiversity enhancement scheme submitted under condition 11 should include a Plan which clearly show positions, specifications and numbers of features, which will include (but are not limited to) the following:

 

·       universal nest boxes at ratio of 1:1, in line with British Standard 42021:2022;

·       integrated bat boxes (as stipulated within anticipated mitigation licence);

·       insect bricks / towers;

·       fencing gaps 130 mm x 130 mm to maintain connectivity for hedgehogs;

·       summary of ecologically beneficial landscaping (full details to be provided in Landscape Plans).

 

A statement of good practice including photographs should be submitted to the local planning authority prior to the discharge of this condition, demonstrating that the enhancements have been selected and installed in accordance with the above.

 

8. The applicant is advised that, dependent on the scale of proposed lighting, details submitted to discharge condition 12 above, may need to include 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).

 

9. The applicant is advised they should take all relevant precautions to minimise the potential for disturbance to neighbouring residents in terms of noise and dust during the construction phases of the development.  This should include not working outside regular day time hours, the use of water suppression for any stone or brick cutting and advising neighbours in advance of any particularly noisy works.

 

10. The granting of this planning permission does not indemnify against statutory nuisance action being taken should substantiated noise or dust complaints be received.  For further information please contact the Environmental Health service.

 

11. The applicant is advised that to protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities.  The applicant is also advised to seek approval for any proposed piling operations.

 

12. The applicant is advised that the granting of this planning permission does not in any way indemnify against statutory nuisance action being taken should substantiated complaints within the remit of the Environmental Protection Act 1990 be received.  For further information please contact the Environmental Health section.

 

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.