Further details relating to the application were included in the Supplementary Report, which included additional recommended conditions.
The Planning Manager (Development Control) presented the report which gave details of the application and highlighted the location and features of the site and key issues.
Mr and Mrs Whittaker attended the meeting remotely and spoke against the application.
The agent on behalf of the applicant attended the meeting remotely and spoke in support of the application.
Committee considered the application having regard to the Bolsover District Local Plan and the National Planning Policy Framework. The main issues considered in the determination of this application were:
· the principle of the development;
· highway safety considerations, including whether the development would be provided with a safe and suitable access and the impact of the development on the local road network;
· landscape and visual impact of the development;
· whether the development has a suitable design and layout and provides sufficient residential amenity;
· the ecology impacts of the development;
· potential contamination risks;
· drainage requirements;
· impacts on infrastructure, including recreation and leisure, education and health
· facilities; and
· heritage and archaeology impacts.
Members discussed the impact of plot 5 in particular on the amenity of neighbouring properties and were advised of the negotiations that had taken place regarding the design to mitigate the impact and the consequent details to ensure that relevant planning policy was complied with.
It was concluded that the previous permissions and Local Plan allocation for residential development weighed heavily in favour of granting planning permission for the current application because the acceptability of the current site for housing was well established. In all other respects, the application was considered to be acceptable in planning terms for the reasons set out in the report and although there were some minor technical issues outstanding, these were very likely resolvable and therefore they did not weigh negatively in the overall balance of considerations.
Committee discussed the proposal to include further recommendations in addition to those proposed by officers in the report and supplementary papers, which were to require the provision of electric vehicle charging points for all dwellings on the site and for the road within the site to be made up to an adoptable highway standard.
It was moved by Councillor Duncan McGregor and seconded by Councillor Chris Kane that the application be approved in line with the officer recommendation as set out in the report and supplementary papers, also to include the conditions proposed by Members as outlined above. On being put to the vote, the vote was tied. The Chair exercised his casting vote in favour of the motion. It was therefore:-
RESOLVED that subject to satisfactory resolution of the outstanding issues in respect of highway safety and surface water drainage, application 20/00209/FUL be approved subject to prior entry into a s.106 legal agreement containing the following planning obligations:
A Education contribution of £17,176.59 (Index Linked) for the provision of 1 infant pupil at Clowne Infant and Nursery School.
B A commuted sum of £14,586 (17 dwellings x £858 per dwelling) (Index Linked) to improve the following areas of green space:
· Equipped Play Area: The Arc and / or The Edge
· Recreation Ground / Semi-Natural Green Space: Improvements to foot / cycle links to the wider countryside and to Clowne Town Centre via The Edge and a new link to Mansfield Road
C A commuted sum of £17,374 (17 dwellings x £1022 per dwelling) (Index Linked) to be invested in improving playing pitches and their ancillary facilities at Gloves Lane Recreation Ground.
AND subject to the following conditions that are given below in draft precis form, and also to include conditions relating to the provision of electric vehicle charging points and the improvement of the road within the site up to adoptable standard, with the final wording to be agreed by the Planning Manager in consultation with the Chair and Vice Chair of the Planning Committee: -
1. The development shall be begun before the expiration of three years from the date of this permission.
2. List of approved plans
3. In this condition retained tree means an existing tree which is to be retained to comply with the approved Tree Retention Plan ref: 9516-T-02 A, as contained in the Arboricultural Assessment by fpcr dated May 2020 submitted with the planning application; and paragraphs (a) and (b) below shall apply for five years, after the occupation of the last building on the development.
(a) No retained tree will be cut down, uprooted or destroyed, or topped or lopped, other than in accordance with the approved plans and particulars without the written approval of the Local Planning Authority.
(b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree must be of such size and species, and must be planted at such time, as approved in writing by the Local Planning Authority.
(c) Before any equipment, machinery or materials are brought on to the site, other than those reasonably necessary to implement this condition, protective barriers must be erected to protect the retained in accordance with the specifications contained in the Arboricultural Assessment by fpcr dated May 2020, and such barriers must be erected at a distance not less than the identified Root Protection Areas on drawing ref 9516-T-02 A, as contained in that assessment document. Nothing shall be stored or placed within the fenced area around a retained tree and the ground levels within the fenced area must not be altered, nor must any excavation take place, without the written consent of the Local Planning Authority.
(d) Where works within the areas covered under c are required, methods of working and construction for those operations must have been submitted to and approved in writing by the Local Planning Authority before such works are commenced and the development must only be carried out in accordance with those approved details.
4. The retained boundary hedgerows along the north, west, and south boundaries of the site must be retained in accordance with drawing ref 9516-T-02 A in the Arboricultural Assessment by fpcr dated May 2020 and protected from damage during construction by the erection of temporary protective barriers (as per condition 3 above) erected at least 2m from the centreline of the hedgerow before development commences on site. Any gaps in the retained hedgerow shall be reinforced and replanted and thereafter the hedgerow shall be maintained and replaced if necessary for a period of 5 years.
5. Notwithstanding the submitted details, no building will be occupied until full details of both hard and soft landscape works, to include details of all proposed means of enclosure and details of all trees and hedgerows to be retained and means for their protection during the course of the development, along with a programme for implementation, has been submitted to and approved in writing by the Local Planning Authority and the works and implementation programme must be carried out as approved. Means of enclosure must be located to avoid the removal of any of the protected hedgerows referred to in condition 4 above.
6. No removal of hedgerows, trees, shrubs or brambles shall take place between 1st March and 31st August inclusive, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period, and details of measures to protect the nesting bird interest on the site, have first been submitted to and approved in writing by the local planning authority and then implemented as approved.
7. No development shall take place (including demolition, ground works, vegetation clearance) 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 following:
a) Risk assessment of potentially damaging construction activities.
b) Identification and demarcation of “biodiversity protection zones” (to include hedgerows and trees).
c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements and should include a badger working method statement).
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 (as
h) Use of protective fences, exclusion barriers and warning signs.
8. A landscape and biodiversity enhancement and management plan (LBEMP) shall be submitted to, and be approved in writing by, the LPA prior to the commencement of the development. The LBEMP should combine both the ecology and landscape disciplines and include the following:-
a) Description and location of features to be created, planted, enhanced and managed to include wetland habitat associated with the swale, species rich grassland habitat, scrub creation and tree planting.
b) Details of the type and locations of 20 integrated swift nest boxes/bricks,
c) Details of hedgehog access throughout the development to include type and location of access gates/holes.
d) Aims and objectives of management (retained hedgerows and green infrastructure)
e) Appropriate management methods and practices to achieve aims and objectives.
f) Prescriptions for management actions.
g) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a ten-year period).
h) Details of the body or organization responsible for implementation of the plan.
i) Ongoing monitoring visits, targets and remedial measures when conservation aims and objectives of the plan are not being met.
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.
9. Prior to the occupation of any dwelling, a bat friendly lighting scheme for the access roads and footways shall have been submitted to and approved in writing by the Local Planning Authority; that scheme shall include details of implementation timescales and the approved scheme shall be implemented as approved.
the provisions of Part 2:Minor Operations, Class A – gates,
fences, walls etc., of Schedule 2, Article 3 of the Town and
Country Planning (General Permitted Development Order) 2015 (as
amended), or any Order revoking and re-enacting that Order, no
means of enclosure shall be erected within 2m of the centre line of
the retained hedgerows to the north, west and southern boundaries
of the application site (as identified on
drawing ref 9516-T-02 A in the Arboricultural Assessment by fpcr
dated May 2020), nor between the dwellings (excluding garages) and
the footpath connection on plots 4, 5 and 6, except for any that
may be permitted under condition 5, or unless planning permission
has first been granted by the Local Planning Authority.
11. Notwithstanding the submitted information, before construction commences on the erection of any building or wall, specifications or representative samples of the materials to be used in all external wall and roof areas shall first have been submitted to and approved in writing by the Local Planning Authority.
12. Notwithstanding the provisions of Parts 1 and 2 of Schedule 2, Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any Order revoking and re-enacting that Order, the dwelling on plot 5 shall not be extended or altered externally nor shall any incidental building, structure or enclosure be erected without the prior grant of planning permission.
13. The windows serving the living room and en-suite bathroom in the northern elevation of plot 5 (facing dwellings on Fallowfield) shall be obscure glazed and non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed, which shall thereafter be retained unless planning permission has first been granted by the Local Planning Authority.
14. Before building work on any building or wall commence, a scheme showing the details of the proposed footpath connections to Fallowfield to the north, together with a timetable for implementation, must have been submitted to and approved in writing by the Local Planning Authority. The scheme must provide details of design, specification, gradient, sections and levels details (level details both on site and on the adjacent site) demonstrating that the footpath link to the adjacent development can be successfully achieved to a usable and adoptable standard. The approved scheme must be implemented in accordance with the details and timescales approved.
15. Drainage Conditions (pending further comments of the LLFA and to cover issues raised by BDC’s drainage engineer).
16. Space shall 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. The facilities shall be retained free from any impediment to their designated use throughout the construction period.
17. Before any other operations are commenced a new vehicular access/ junction shall be formed to the new estate street serving adjacent development provided with visibility sightlines extending from a point 2.4 metres from the carriageway edge, measured along the centreline of the access, for a distance of 33 metres in each direction measured along the nearside carriageway edge in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority. The area in advance of the visibility sightlines shall be constructed as footway/ verge and form a part of the new estate street serving adjacent development.
18. No dwelling shall be occupied until space has been provided within the curtilage of that dwelling for the parking of residents/ visitors vehicles together with areas suitable for manoeuvring of service and delivery vehicles to enable such vehicles to enter and exit the new estate street serving the adjacent development site in a forward gear, all laid out, surfaced and maintained to the satisfaction of the Local Planning Authority throughout the life of the development free from any impediment to its designated use.
19. No part of the development shall be occupied until details of arrangements for storage of bins and collection of waste have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the agreed details and the facilities retained for their designated purposes at all times thereafter.
20. No development shall be commenced until details of the proposed arrangements for future management and maintenance of the proposed streets within the development have been submitted to and approved by the Local Planning Authority. The streets shall thereafter be maintained in accordance with the approved management and maintenance details until such time as a private management and maintenance company has been established.
Councillor James Watson requested that his vote against the motion be recorded in the minutes.
(Planning Manager (Development Control))