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 2 industrial units with service yard, 24 parking spaces, a cycle store, bin store and sustainable drainage system.  The proposal also included alterations to the existing access, changes to existing ground levels and extensive landscaping.

 

The application was originally reported to the Committee January 2025.

 

Moved by Councillor Steve Fritchley and seconded by Councillor Janet Tait

RESOLVED that application no. 24/00067/FUL be APPROVED subject to the following conditions:

 

1.     The development shall 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 approved plan numbers:

 

12941-WMS-ZZ-XX-D-C-39201-S8-Rev P2: Revised proposed drainage layout

12941-WMS-ZZ-XX-D-A-10001-S3-Rev P4: Revised proposed site plan

12941-WMS-ZZ-XX-D-A-10400-S3-Rev P3: Revised proposed ground floor plan

12941-WMS-ZZ-XX-D-A-10401-S3-Rev P2: Revised proposed roof plan

12941-WMS-ZZ-XX-D-A-10500-S3-Rev P2: Revised proposed sections

12941-WMS-ZZ-XX-D-A-10600-S3-Rev P2: Revised proposed elevations

 

3.     The external walls of the building must be constructed using Before the construction of the external walls of the building commences on site, samples of the materials to be used on the external walls and roof must be submitted to and approved in writing by the Local Planning Authority.  The building must be constructed using the approved materials and must be maintained as such thereafter.

 

4.     Before development starts on site, a Landscape and Biodiversity Enhancement and Management Plan (LBEMP) to provide details for the creation, enhancement and management of habitats and species post development, in accordance with the proposals set out in the submitted Biodiversity Metric, combining both the ecology and landscape disciplines must be submitted to, and approved in writing by, the Local Planning Authority.  The approved plan must be implemented in full in accordance with the approved details.

 

5.     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) shall include the measures detailed in the Ecological Impact Assessment (Futures Ecology, July 2022.).  The approved CEMP must be implemented in full in accordance with the approved details.

 

6.     Before the development hereby approved is first occupied, the access, parking and turning shown on the approved plan must be provided on site in accordance with that plan and must be maintained as such thereafter.

 

7.     No development shall take place until a detailed design and associated management and maintenance plan of the surface water drainage for the site, in accordance with the principles outlined within:

a.     William Saunders. (Nov 2025). Flood Flow Routes. 12941–WMS–ZZ-XX-D-C-39203-S8-P1.

b.     William Saunders. (Nov 2025). Drainage Strategy. 12941-WMS-ZZ-XX-T-C-39201-S8-P2. “including any subsequent amendments or updates to those documents as approved by the Flood Risk Management Team”

c.     And DEFRA’s National standards for sustainable drainage systems (2025),

 

have been submitted to and approved in writing by the Local Planning Authority.  The approved scheme must be implemented on site before the development hereby approved is first occupied and must be maintained as such thereafter.

 

8.     Prior to commencement of the development, the applicant shall submit for approval to the Local Planning Authority, details indicating how additional surface water run-off from the site will be avoided during the construction phase.  The applicant may be required to provide collection, balancing and/or settlement systems for these flows.  The approved system shall be operating to the satisfaction of the Local Planning Authority, before the commencement of any works, which would lead to increased surface water run-off from site during the construction phase.

 

9.     If during the works hereby approved being carried out on site, contamination is encountered which has not previously been identified, then the additional contamination shall be fully assessed, and an appropriate remediation scheme submitted to and approved in writing by the Local Planning Authority.  The approved remediation scheme must be implemented on site in full before the development hereby approved is first occupied.

 

Reasons

 

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 interest of visual amenity, highway safety and biodiversity enhancement in accordance with Policies, SC2, SC3, and SC9 of the Local Plan for Bolsover District.

 

3.     In the interest of visual amenity in accordance with policies SC2 and SC3 of the Local Plan for Bolsover District.

 

4.     To protect and enhance biodiversity interest on the site and to result in no net loss for biodiversity in accordance with Policy SC9 of the local Plan for Bolsover District.

 

5.     To protect and enhance biodiversity interest on the site and to result in no net loss for biodiversity in accordance with Policy SC9 of the local Plan for Bolsover District.

 

6.     In the interest of Highway Safety in accordance with Policy SC3 of the Local Plan for Bolsover District.

 

7.     To ensure that the proposed development does not increase flood risk and that the principles of sustainable drainage are incorporated into this proposal, and sufficient detail of the construction, operation and maintenance/management of the sustainable drainage systems are provided in accordance with policy SC7 of the Local Plan for Bolsover District

 

8.     To ensure surface water is managed appropriately during the construction phase of the development, so as not to increase the flood risk to adjacent land/properties or occupied properties within the development in accordance with policy SC7 of the Local Plan for Bolsover District.

 

9.     To protect the health of future occupiers of the site from any possible effects of contaminated land, in accordance with Policy SC14 of the Local plan for Bolsover District.

 

Notes

 

1.     BNG2

 

2.     The LBEMP submitted under condition 4 above shall include the following:-

a)    Description and location of features to be retained, created, enhanced and managed, as per the approved biodiversity metric.

b)    Aims and objectives of management, in line with desired habitat conditions detailed in the metric.

c)     Appropriate management methods and practices to achieve aims and objectives.

d)    Prescriptions for management actions.

e)    Preparation of a work schedule (including a 30-year work plan capable of being rolled forward in perpetuity).

f)      Details of the body or organization responsible for implementation of the plan.

g)    A monitoring schedule to assess the success of the habitat creation and enhancement measures at intervals of 1, 3, 5, 10, 20 and 30 years.

h)    Monitoring reports to be sent to the Council at each of the intervals above

i)      A set of remedial measures to be applied if conservation aims and objectives of the plan are not being met.

j)      Detailed habitat enhancements for wildlife, in line with British Standard BS 42021:2022 and the recommendations in the Ecological Impact Assessment (Futures Ecology, July 2022).

k)     Requirement for a statement of compliance upon completion of planting and enhancement works.

 

The LBEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery.  The approved plan will be implemented in accordance with the approved details.

 

3.     The CEMP submitted under condition 5 above shall be produced by an ecologist and 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.

 

4.     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.  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.  There is however a private sewer marked on Severn Trent Water’s records which the applicant should be aware of. 

 

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.

 

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.

 

5.     Advisory notes provided by LLFA.

 

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 Tom Munro returned to the meeting at 10:08 hours.