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 locations and features of the site and key issues.  The application sought approval for the erection of a steel dragonfly sculpture on the central island of a roundabout on Intake Road, Riverside Way and Chesterfield Road, Bolsover.

Councillor Donna Hales spoke in favour of the application.

In answer to a question, the Development Management and Land Charges Manager informed of the sculpture’s direction.

Members expressed their congratulations for the success of the project and thanks were raised for the officers who led the initiative.

Moved by Councillor Duncan McGregor and seconded by Councillor Steve Fritchley

RESOLVED that application no. 24/00257/FUL be APPROVED as a sustainable form of development subject to the following conditions:

Conditions

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

2.     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 - dated 09/01/2026;

·       Base Block Plan - dated 16.03.2026;

·       Sculpture Support Post - drawing 01 dated October 2025;

·       Dimensions received 12/03/2026; and,

·       Photographs received 03/03/2026.

3.     Notwithstanding the submitted details the hereby approved sculpture shall be erected on a 1.5m high supporting post with a maximum height of the sculpture of 2.8m.

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 order to define the planning permission.

3.     To ensure acceptable visual impacts of the development and no harm to designated heritage assets in accordance with policies SC3, SC16, SC17, SC18, SC20 of the Adopted Local Plan for Bolsover District.

Statement of Decision Process

1.     The proposal has been considered against the policies and guidelines adopted by the Council in the Adopted Local Plan and the decision has been taken in accordance with the guidelines of the Framework.

Notes

1.     Derbyshire Wildlife Trust advises that should any grassland re-seeding be required, it would be beneficial to use a native seed mix of either meadow grassland or flowering lawn, dependent on the management regime.

2.     This application is considered to be one which will not require the approval of a biodiversity gain plan before development is begun, because one or more of the statutory exemptions or transitional arrangements are considered to apply.  However, you are still required to observe the statutory requirements of the Biodiversity Net Gain Plan Advice Note.

WORKS ON THE PUBLIC HIGHWAY

The development hereby approved includes the carrying out of work on the adopted highway. You are advised that before undertaking work on the adopted highway you must enter into a highway agreement under Section 278 of the Highways Act 1980 with the County Council, which would specify the works and the terms and conditions under which they are to be carried out. Contact the Highway Authority's Implementation team at development.implementation@derbyshire.gov.uk allowing sufficient time for the preparation and signing of the Agreement. You will be required to pay fees to cover the Councils costs in undertaking the following actions:

·       Drafting the Agreement;

·       A Monitoring Fee;

·       Approving the highway details; and,

·       Inspecting the highway works.

Planning permission is not permission to work in the highway. A Highway Agreement under Section 278 of the Highways Act 1980 must be completed, the bond secured and the Highway Authority's technical approval and inspection fees paid before any drawings will be considered and approved.

IMPACT ON THE HIGHWAY NETWORK DURING CONSTRUCTION

The development hereby approved and any associated highway works required, is likely to impact on the operation of the highway network during its construction (and any demolition required). You are advised to contact the Highway Authorities Network Management Team at www.derbyshire.gov.uk/transport-roads/roadstraffic/roadworks/roadworks.aspx before undertaking any work, to discuss any temporary traffic management measures required, such as footway, Public Right of Way, carriageway closures or temporary parking restrictions a minimum of eight weeks prior to any activity on site to enable Temporary Traffic Regulation Orders to be prepared and a programme of Temporary Traffic Management measures to be agreed.

SECTION 115E LICENSE

This permission does not authorise the construction of the proposed (disabled access/structure) facility until: - engineering details of the works within the public highway have been approved by the Highway Authority and; - the applicant has applied for and obtained from the County Council, as the Highway Authority, a license under Section 115E of the Highways Act, 1980 for the construction and retention of the proposed disabled access facility within the confines of the public highway.

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.