The Principal Planning Officer presented the report which gave details of the application and highlighted the location and features of the site and key issues.
Councillor Janet Tait spoke against the application and the left the room for the remainder of this item.
County Councillor Christine Dale attended the meeting and spoke against the application.
Committee considered the application having regard to the Bolsover District Local Plan, the emerging Local Plan and the National Planning Policy Framework.
Members had regard to the principle of development on the site for residential purposes; any benefits that would arise from the proposal, the effects of the development on the character of and appearance of the area; impacts on the amenities of neighbouring residents; impact on heritage asses; impact on biodiversity interests and impact on highway safety.
Moved by Councillor Tom Munro and seconded by Councillor Duncan McGregor
RESOLVED that application 19/00432/OUT be approved subject to:
A. The prior completion of a S106 obligation requiring the dwellings to be 100% affordable rent; and
B. The following conditions:
1. Approval of the details of the layout, scale, appearance, and landscaping (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.
2. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development to which this permission relates shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.
3. This permission shall relate to the application an access location as amended by the revised Indicative layout Plan 18/2143/SK003 Rev D.
4. (a) No development resulting in ground disturbance shall take place until a Written Scheme of Investigation for archaeological work has been submitted to and approved by the local planning authority in writing, and until any pre-start element of the approved scheme has been completed to the written satisfaction of the local planning authority. The scheme shall include an assessment of significance and research questions; and
i. The programme and methodology of site investigation and recording
ii. The programme for post investigation assessment
iii. Provision to be made for analysis of the site investigation and recording
iv. Provision to be made for publication and dissemination of the analysis and records of the site investigation
v. Provision to be made for archive deposition of the analysis and records of the site investigation
vi. Nomination of a competent person or persons/organization to undertake the works set out within the Written Scheme of Investigation
4. (b) No development shall take place other than in accordance with the archaeological Written Scheme of Investigation approved under condition (a)."
4. (c) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the archaeological Written Scheme of Investigation approved under condition (a) and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured."
Investigation for Potential Ground Contamination
5. Development other than that required to be carried out to discharge conditions 4 to 8 of this planning permission must not commence until parts A to D of condition 5 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until part D has been complied with in relation to that contamination.
A. Site Characterisation
An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority (LPA). The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) 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,
• groundwaters and surface waters,
• ecological systems,
• archeological sites and ancient monuments;
(iii) an appraisal of remedial options, and proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.
B. Submission of Remediation Scheme
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 must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must 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.
C. Implementation of Approved Remediation Scheme
The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.
D. Reporting of Unexpected Contamination
In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of part 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of part 2, which is subject to the approval in writing of the Local Planning Authority.
Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with part C.
E. Importation of soil
In the event that it is proposed to import soil onto site in connection with the development, the proposed soil shall be sampled at source and analysed in a laboratory that is accredited under the MCERTS Chemical testing of Soil Scheme for all parameters requested (where this is available), the results of which shall be submitted to the LPA for consideration. Only the soil approved in writing by the LPA shall be used on site.
6. No below ground development shall take place until a detailed design and associated management and maintenance plan of surface water drainage for the site, in accordance with DEFRA Nonstatutory technical standards for sustainable drainage systems (March 2015), has been submitted to and approved in writing by the Local Planning Authority. The approved drainage system shall be implemented in accordance with the approved detailed design prior to the use of the buildings commencing.
7. No below ground development shall commence on site or on a part of the site until provision has been made for the satisfactory disposal of foul water from the site or that part of the site in accordance with a scheme which shall first have been submitted to and approved in writing by the Local Planning Authority.
8. The development shall be carried out in general accordance with the recommendations and mitigation/enhancement measures contained within the submitted Ecology/Protected Species Report (by Graham Colborne Dec 2018).
Finished Floor Levels
9. The plans and particulars submitted in accordance with the reserved matters application shall include details of existing and finished ground levels on and adjacent to the site and the proposed ground floor level(s) of the buildings.
Highway Safety, Access and Parking
10. Before any other above ground operations are commenced, a new vehicular and pedestrian access shall be created to Long Lane in accordance with application drawing number 18/2143/SK003 Rev D, laid out, constructed in a hard bound material and provided with 2.4m x 33m visibility splays in both directions, the area in advance of the sightlines being maintained throughout the life of the development clear of any object greater than 1m in height relative to adjoining nearside carriageway channel level.
11. The premises, the subject of the application, shall not be occupied until space has been provided within the site curtilage for the parking and manoeuvring of residents’, visitors’ and service and delivery vehicles as demonstrated by swept path analysis, located, designed, laid out constructed and lit all as agreed in writing with the Local Planning Authority and maintained throughout the life of the development free from any impediment to its designated use. Each dwelling shall be provided with 2 off-street parking spaces.
12. The new access street shall not be provided until details of the proposed arrangements for future management and maintenance of the proposed street within the development have been submitted to and approved by the local planning authority. The street shall thereafter be maintained in accordance with the approved management and maintenance details until such time as an agreement has been entered into under section 38 of the Highways Act 1980 or a private management and maintenance company has been established.
13. No dwelling shall be occupied until definitive footpath 19 (as realigned) has been laid out and surfaced to an adoptable standard and lit.
14. Measures first submitted to and approved in writing by the local planning authority shall be taken to prevent the discharge of water from the development onto the highway prior to the first occupation of any of the dwellings hereby permitted.
15. Prior to the occupation of any new dwelling, details and a scheme for the siting and design of a lockable gate to allow continued vehicular access to No’s 1 and 2 Hollycroft Farm from Main Street but prevent general vehicular access from/to Main Street, shall have been submitted to and approved in writing by the local planning authority. Before any new dwelling is occupied and thereafter the approved scheme shall be implemented.
Thereafter all means of vehicular access to the site for the new dwellings hereby approved shall be from Long Lane. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order) no other access shall be formed or permitted unless planning permission is first obtained from the Local Planning Authority.
16. Prior to the occupation of any new dwelling the Beech hedgerow to the east side of Hollycroft shall have been either translocated or planted (in a double staggered row at 35cm centres) in accordance with drawing 18/2143/SK003 Rev D and planting details which have been submitted to the Local Planning Authority and approved under condition 1 above (Landscaping Details reserved by condition 1). Thereafter the hedgerow shall be retained, and maintained and replanted as necessary.
(Planning Manager (Development Control))