Committee considered a detailed report in relation to the above application.
The application had been referred to Planning Committee by Councillor Donna Hales because the application was for an ancillary room for stables and there were no stables on the site and also because other conditions of previous applications had not been met, i.e. replacement hedgerows. There were also concerns that the gateway to the stables was not in keeping with the countryside.
The application was for the retention of the amenity block which had been constructed on site. The building was single storey and was finished in render with a tiled roof and upvc windows and doors. The building contained a dayroom with kitchen and dining area, a bathroom and a children’s room.
The application did not involve the conversion of a stable block as described in the application and should be considered as a new building, albeit on the footprint of the stable block previously approved and utilising the walls of the stable block which had commenced construction.
The proposed use was not compliant with Policy SS9 (Development in the Countryside) but would provide ancillary facilities to support the approved use as a traveller site. Such facilities were identified as essential in the Designing Gypsy and Traveller Sites Good Practice Guide and as such were considered to be in compliance with Policy LC5 (Applications for Gypsies, Travellers and Travelling Show People.)
The application was recommended for approval subject to conditions.
Comments received from members of the public were detailed in the Supplementary Update Report but related mostly to application 23/00609/FUL which would be considered later in the meeting.
There was no change to the recommendation in the main report as a result of the additional comments detailed in the Supplementary Update Report. However, it was suggested that the wording of condition 1 be amended to read:
“The amenity block hereby permitted must not be occupied at any time other than for
purposes of an amenity block, ancillary to the use of the site as a traveller site (travellers as defined as defined in “Planning Policy for Traveller Sites (updated 19th December 2023) and must not provide any sleeping accommodation or include the installation of any beds.”
This added more precision to the condition and ensured that it was enforceable should the condition not be adhered to.
Councillor Donna Hales, District Councillor not on the Planning Committee, attended the meeting and spoke against the application on behalf of residents living on Shuttlewood Road, Bolsover.
A Member queried if a condition could be added to ensure that no businesses were run from the site. The Principal Planner advised that it would not be considered a reasonable/necessary condition to attach to an amenity block because business use of the main site is restricted and this building would be ancillary to that use. Any concerns regarding the running of businesses would need to be taken to the Enforcement Team for investigation and for them to take any appropriate action if required.
Moved by Councillor Tom Munro and seconded by Councillor Duncan McGregor
RESOLVED that the application be APPROVED subject to the following conditions:
1. The amenity block hereby permitted must not be occupied at any time other than for purposes of an amenity block, ancillary to the use of the site as a traveller site (travellers as defined as defined in “Planning Policy for Traveller Sites (updated 19th December 2023) and must not provide any sleeping accommodation or include the installation of any beds.
2. Within 56 days of the date of this permission, full details of the septic tank and soakaway, together with the results of percolation tests which substantiate the soakaway design, must be submitted to the Local Planning Authority and approved in writing. The septic tank and soakaway must be installed as approved and must be maintained in accordance with the approved details. Final effluent from the septic tank must not connect directly to any watercourse or land drainage system and no part of the soakaway shall be sited within 10m of any ditch or watercourse.
Advisory notes
1. Public Right of Way, Bolsover Footpath No.44, as shown on the Derbyshire Definitive Map, must remain open, unobstructed and on its legal alignment at all times. There should be no disturbance to the surface of the route without prior authorisation from the Rights of Way Inspector for the area. Consideration should be given to members of the public using the route at all times. A temporary closure of the route may be granted to facilitate public safety subject to certain conditions. Further information may be obtained by contacting the Rights of Way Section – ETE.PROW@derbyshire.gov.uk. If a structure is to be erected adjacent to the right of way, it should be installed within the site boundary so that the width of the right of way is not encroached upon.
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.
However, if these protected characteristics were not taken into account and sufficient sites provided within the district to meet an identified need in accordance with Policy LC5 of the Local Plan for Bolsover District then it may be considered that such regard had not been exercised.
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.