Agenda item

The Planning Manager presented a detailed report in relation to the above application, which had been referred to the Planning Committee by Councillor Donna Hales (Bolsover North and Shuttlewood) given the concerns of local residents about the impact of the development.

The report detailed 19 objections received from local residents that raised various concerns relating to the future intentions of the stable block.

The proposed extension was considered to be in keeping with the scale, mass and design of the stable block originally approved and was not considered to harm the rural character of the area.

Moved by Councillor Duncan McGregor and seconded by Councillor Jim Clifton

that the application be approved.

For the motion: 6

Against the motion: 0

Abstention: 1

It was therefore RESOLVED that the application be approved subject to the following

conditions:

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

2.     The development hereby approved must only be used for private use by the occupier of the land and must not be used for any trade or business use without the prior granting of planning permission by the Local Planning Authority.

2.

3.     The extension to the stables and store room hereby approved must be clad in timber and painted dark brown or dark green and the pre-coloured steel roof must be finished in dark brown, dark green or black and must be maintained as such thereafter.

Statement of the Decision Process

The proposal complies with the policies and guidelines adopted by the Council and the decision has been taken in accord with the Policies of the National Planning Policy 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.