Agenda item

Committee considered a report in relation to the above application presented by the Principal Planner, who gave details of the application and highlighted the locations and features of the site and key issues.  The application had been referred to the Committee for determination, in accordance with the scheme of delegation contained within the Council’s constitution, due to the number of representations received from individual households following the Committee’s overturn of the officer’s recommendation of refusal.

 

The supplementary document detailed site visit attendance along with further representations received and officer responses.

 

The Development Management and Land Charges Manager explained that should Members be minded to approve the application, that in addition to the recommended conditions in precis form and any further conditions recommended by Derbyshire Wildlife Trust (DWT), any decision would also need to include the conditions recommended by the Local Highway Authority

 

Mollie Arif (the Agent) spoke in favour of the application and Reuben Spears (the applicant) was also present to answer questions.

 

Concern was raised on the potential for Anti-social Behaviour with regards the proposed footpath from Blacksmith’s Court, Glapwell, and whether any specific measures could be taken to prevent the use of two-wheeled high-speed vehicles.  Mollie Arif informed all prevention measures could be considered through condition if the application was approved by the Committee.

 

Concern was raised regarding the proposed method for surface water run-off and its maintenance in perpetuity.  The Committee was informed Severn Trent could adopt the system through a Section 104 agreement or through a resident’s management company.

 

Concern was raised for the residents on Park Avenue, Glapwell with regard to it being the current sole access point for all construction traffic.  The Committee was informed the site was primarily land locked by the surrounding privately owned land, however there was an agricultural access off Mansfield Road, Glapwell that could be utilised.  It was advised that the route of construction traffic would be consideration in respect of the recommended condition to agree a construction management plan.

 

A Member expressed concern with the comments made by a Derbyshire County Councillor in the consultation comments received, implying that occupiers of social housing would be problematic in some way.  Later in the meeting, another Member noted 5 of the proposed social housing properties met the 10% social housing allocation within the Council’s Local Plan and that the sixth would be purchased by the Council for the logical necessity of the proposed social housing units being semi-detached.

 

Concern was raised regarding the local bat population during the construction phase and following the proposed development’s completion.  The Principal Planner informed that with the intended retention of the highly developed tree line along the boundary of the site, the local bat population would retain its current habitat, though a response from the Derbyshire Wildlife Trust was awaited on this.

 

Moved by Councillor Phil Smith and seconded by Councillor Duncan McGregor

RESOLVED that following the approval of the Landscape and Biodiversity Enhancement and Management and Construction Environmental Management Plans (LBEMP and CEMP) by Derbyshire Wildlife Trust, delegated authority be given to the Development Management and Land Charges Manager and Principal Planners to grant planning permission subject to the following conditions which are written in precis form and recommended conditions of the Local Highway Authority:

 

1.     The development hereby approved shall be carried out in accordance with the following plans and documents:

 

·       Drawing ref: 2520.01.L – Planning Layout; received 24^th June 2026

·       Drawing ref: 2520.03.F – Materials Layout; received 24^th June 2026

·       Drawing ref: 2520.06.G - Boundary Treatment Plan; received 24^th June 2026

·       BNG Metric V03 dated 23 June 2026; received 24^th June 2026

·       BNG Letter; received 24^th  June 2026

·       CEMP Biodiversity Addendum; received 24^th June 2026

·       Cricket Ball Strike Assessment – Labosport (LSUK.26-0513_CBA) received 23^rd June 2026

·       Foundation Zoning Plan – Eastwood Consulting – 49296-ECE-XX-XX-DR-C-008 P03 received 23^rd June 2026

·       Boundary Treatment Plan – 2520.06 Rev G; received 19^th Jun 2026

·       Revised bungalow elevations and Floor Plan – 2520.BU1.01.Rev A; received 19^th June 2026

·       Soft Landscaping Plan Sheet 1 of 3 – DR L 4503 P04 received 19^th June 2026

·       Soft Landscaping Plan Sheet 2 of 3 – DR L 4502 P04 received 19^th June 2026

·       Soft Landscaping Plan Sheet 3 of 3 – DR L 4501 P03 received 19^th June 2026

·       Soft Landscape schedule – SHF9048001-ENZ-L-SC-045-001 Rev P04; received 19^th June 2026

·       Vehicle Tracking Layout (Refuse Vehicle) – ECE-XX-XX-DR-C-ATR2-P01; received 8^th June 2026

·       Addendum to Land OA Park Avenue, Glapwell Reserved Matters Number 24 – Construction Environmental Management Plan (CEMP: Biodiversity); received 4^th June 2026

·       Drainage Strategy – ECE-XX-XX-DR-C-0001-P06; received 2^nd June 2026

·       Proposed site access arrangements – ECE-XX-XX-DR-C-0137-P01; received 2^nd June 2026

·       Levels Strategy – ECE-XX-XX-DR-005-P04; received 2^nd June 2026

·       Street Scenes – 2520.04.A Rev A; received 2^nd June 2026

·       Addendum to Arboricultural Assessment (Enzygo Environmental Consultants) – SHF.9048.001.ENZ.XX.00.RP.AR.45.101;  received 2^nd June 2026

·       Dust Management Plan; received 2^nd June 2026

·       Biodiversity Net Gain Assessment letter (553417ab29May26FV02_BNGA_Letter) received 2^nd June 2026

·       Design and Access Statement Rev PL03 received 2^nd June 2026

·       BNG Metric excel received 2^nd June 2026

·       2520.01. Rev K Planning Layout (A) received 2^nd June 2026

·       2520.03.Rev F Materials Layout received 2^nd June 2026

·       House type 1229 – 2520.1229.01 received 31^st March 2026

·       House type 1416.02 (stone) - 2520.1416.02 REV A received 31^st March 2026

·       House type 913.02 (stone) – 2520.913.02 Rev A received 31^st March 2026

·       HOUSE TYPE 986.02 SEMI DETACHED (STONE) – 2520.986.02 REV A   received 31^st March 2026

·       HOUSE TYPE NT2.01 – 2520.NT2.01 received 31^st March 2026

·       Site location plan – 2520.02 Rev A received 4^th March 2026

·       Standard tree detail – DR L 0005 received 4^th March 2026

·       Landscape Management and Maintenance Plan – ENZYGO – SHF.9048.001.LA.R.002 received 23^rd February 2026

·       ROAD & SEWER SECTIONS SHEET 1 OF 4 – 0101 REV P02 received 18^th December 2025

·       ROAD & SEWER SECTIONS SHEET 2 OF 4 – 0102 REV P02 received 18^th December 2025

·       ROAD & SEWER SECTIONS SHEET 3 OF 4 – 0103 REV P02 received 18^th December 2025

·       ROAD & SEWER SECTIONS SHEET 1 OF 4 – 0104 REV P02 received 18^th December 2025

·       Vehicle Tracking Layout ATR1 Rev PO4 received 18^th December 2026

·       Planning Drawings - Types 857 & 775 Stone – floor plans – 2520.857775.01 received 29^th October 2025

·       Planning Drawings – Types 857 and 775 Elevations – 2520.857775.02 received 29^th October 2025

·       Planning Drawings – Type BU1 Stone – Elevations and floor plans - 2520.BU1.01 received 29^th October 2026

·       Revised elevation and floor plans type 1057C (brick) detached – 2520.1057C.01

·       Revised elevation and floor plans type 1057C (stone) detached – 2520.1057C.02

·       Revised elevation and floor plans type 1116 (brick) detached – 2520.1116.01

·       Revised elevation and floor plans type 1116 (stone) detached – 2520 1116.02

·       Revised elevation and floor plans type 1194 (brick) detached – 2520 1194.01

·       Revised elevation and floor plans type 1194 (stone) detached – 2520 1194.02

·       Revised elevation and floor plans type 1416 (brick) detached – 2520 1416.01

·       Revised elevation and floor plans type 775 (brick) – 2520 775.01

·       Revised elevation and floor plans type 775 (stone) – 2520 775.02

·       Revised elevation and floor plans type 802 (brick) 2520 802.01

·       Revised elevation and floor plans type 802 (stone) 2520 802.02

·       Revised elevation and floor plans type 857 (brick) – 2520.857.01

·       Revised elevation and floor plans type 857 (stone) – 2520.857.02

·       Revised elevation and floor plans type 913 (brick) – 2520.913.01

·       Revised elevation and floor plans type 986 (brick) semi-detached – 2520 986.01

·       Revised elevation and floor plans type 986 (stone) semi-detached – 2520.986.02

·       Revised elevation and floor plans type 986 (brick) detached – 2520.986.03

·       Elevations and floor plans single garage – 2520.G.01

·       Elevations and floor plans twin garage – 2520.G.02 all received 24^th July 2025.

 

2.     A condition will be imposed removing PD rights for garden boundary treatments to plots 1 – 4, 19, 23, 34, 48 and 49, in the interests of maintaining an acceptable appearance.

 

3.     A condition will be imposed removing PD rights for new boundary treatments forward of principle elevations.  This is to ensure that the development does not appear cramped, but remains an open appearance, given the constraints of the site layout.

 

A condition will be imposed for details of the pumping station, including elevations and compound fencing to be submitted and approved prior to occupation, in the interests of maintaining an acceptable appearance.

 

4.     A condition will be included to remove Class A and B PD rights for plots 1 – 4 and 49, preventing any new openings on the southern elevation, including within the roof space.  To maintain privacy levels for properties on Mansfield Road and to ensure that there is no potential for overlooking.

5.     A condition will be included to require details of the final route and treatment to public footpath No4, including the route through the site, and how it adjoins the new footpath to the north.  Details must include, along with a timetable for implementation; the proposed surface materials, kerb/edge treatments and details of structures required for connections (gate, speed barriers etc), and provision of lighting.

 

6.     Prior to commencement of development, and subject to agreement with the landowner of Blacksmith’s Close, full details of the pedestrian and cycle link between the site and Blacksmith’s Close shall be submitted and approved.  Details must include, along with a timetable for implementation; the proposed surface materials; kerb/edge treatments; details of structures required for the connections (speed barriers etc); provision of lighting.

 

7.     Prior to any development above foundation levels, the roofing and facing materials shall be submitted and approved by the Local Planning Authority.

 

8.     The on-plot cycle stores shall be provided on site prior to the occupation of each respective plot.

 

9.     Landscaping delivery, protection and management.

 

10. Conditions relating to the CEMP and LBEMP and any wildlife protection and habitat creation conditions recommended by Derbyshire Wildlife Trust.

 

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.