Agenda item

Members had visited the site on the previous day.

 

The Director of Conservation and Planning introduced the report, noting that planning permission for redevelopment of the nearby Whitecross Road site had been granted in January 2016 under phase 1 and that the current proposals as phase 2 would provide the funding for that redevelopment.

 

The officer stated that as major development, the application to build 25 open market homes could be justified only in exceptional circumstances. He drew attention to the Key Issues detailed on page 23 of the meeting document pack and commented on each as below:

 

Key Issues

 

1.    The applicant is an important local employer and the new site would provide a more appropriate site for its headquarters in the wider Peak District.

 

2.    The financial viability report showed a projected shortfall of £147K but the applicant confirmed that the relocation would proceed. The officer confirmed that the need for local affordable housing in Tideswell had been assessed and that a scheme for approximately 20 affordable homes was currently under discussion (between officers, the Parish Council, the Rural Housing Enabler at Derbyshire Dales District Council and the preferred housing association.

 

3.    The Highway Authority had no objections to the proposals, however it did not plan to adopt the roads until visibility splays were improved at the access point. The new homeowners would be required to fund maintenance of the roads on the site.

 

4.    The Authority had adopted the Severn Trent Water Company’s Water Quality Impact Assessment report as its Habitat Regulation Assessment, which demonstrated that the potential impact upon the Peak District Dales Special Area of Conservation was unlikely to be significant.

 

5.    There were no major concerns about significant environmental impacts as listed in Key Issue 5. The officer reported that the applicant proposed to build an acoustic, landscaped fence to mitigate against potential noise impact.

 

The officer suggested adding to condition 3 the words “subject to design and layout improvements to be agreed by the Director of Conservation and Planning in consultation with the Chair and Vice Chair of Planning Committee” in order to achieve an improved design for the proposed scheme. He gave the example of adjacent garages being under the same roof rather than individual ones.

 

Members asked about a footpath link to the playground. The officer stated that the applicant was willing to discuss the provision of a footpath, which could be added as a condition of approval.

 

The following made a representation to the committee under the Authority’s Public Participation Scheme:

 

·         Mr Michael Green, Agent

 

The Chair observed that although 20 letters of objection had been received, there were no other speakers on the item.

 

The recommendation was moved and seconded.

 

During the debate, officers responded to Members’ questions about:

 

·         The absence of affordable housing in the proposed scheme

·         The trees on and around the site

·         The potential noise impact of breaking up the concrete on site and whether activities during the construction phase should be within defined hours of operation

·         The likelihood of houses on the proposed new estate becoming second homes or holiday homes

·         The Highway Authority’s refusal to adopt the scheme, which could affect the prices of the proposed new homes and have implications for other developments within the National Park. The officer agreed to members’ request to raise the matter again with the Highway Authority.

·         The discrepancy between the route of the public right of way on the Location Map and the Site Plan as submitted with the officer’s report.  The officer explained that this was the result of a footpath diversion when the yard was first  developed in the 1990s.

·         The scheme’s lack of sustainability elements to ensure compliance with the Authority’s policies CC1, CC2 and CC5. Although condition 21 required that a scheme of environmental management be submitted and agreed prior to the commencement of works, Members felt that this did not give sufficient emphasis or priority to environmental protection. The Director agreed to discuss with the development management teams how to raise the profile of sustainability in proposed developments.

·         Access and traffic issues

·         The addition of a footnote relating to electric charging points.

·         Members discussed the possibility of an “open book” approach to the development, to allow a percentage of any profit to be given as a commuted sum. Following discussion and given the projected financial loss in the relocation and house build scheme and the officer monitoring which would be required, Members did not support open book monitoring and a commuted sum requirement in the section 106 agreement.

 

The officer summarised the proposed amendments and additions to the conditions as below:

 

·         Condition 3 – add the words “subject to design and layout amendments to be agreed by the Director of Conservation and Planning in consultation with the Chair and Vice Chair of Planning Committee

·         Condition 4 – amend to say “Submit and agree a construction management plan to comply with the Highways Authority requirements”

·         Condition 11 – Remove Permitted Development rights in relation to boundary walls around the perimeter of the site.

·         An additional condition that a footpath linking the proposed estate to the play area be provided

·         Condition 16 – expand to include guidance encouraging the installation of electric charging points

·         Condition 21 – include defined hours of construction work

·         That the applicant make “all reasonable endeavours to” contribute  to the implementation of a road traffic order to amend the speed limit on Richard Lane.

 

Subject to the addition and amendment of conditions, planning obligations and footnotes as above, the motion was put to the vote and carried.

 

The Director of Conservation and Planning also agreed to raise the issue of the adoption of the estate roads with the Highway Authority.

 

RESOLVED:

 

That, subject to the prior entry into a section 106 agreement securing the relocation of the company’s Richard Lane business to the Whitecross Road site and the applicant making all reasonable endeavours to contribute to the implementation of a road traffic order prior to commencement of this development, the application be APPROVED subject to the following conditions:

 

1.    Commence development within 3 years.

2.    Prior submission and agreement of a management plan for the long term maintenance of the access roads, pavements and public spaces within the site.

3.    Carry out in accordance with defined approved plans, subject to design and layout amendments to be agreed by the Director of Conservation and Planning in consultation with the Chair and Vice Chair of Planning Committee.

4.    Submit and agree a construction management plan to comply with the Highways Authority requirements

5.    Ecological conditions covering protection to breeding birds, ramps in open trenches for escape of animals passing through the site and control over lighting to protect foraging bats

6.    Prior submission and agreement of a comprehensive landscaping scheme covering hard and soft landscaping works for the site with implementation and aftercare

7.    Submit and agree with implementation details of an acoustic fence to the eastern boundary

8.    Agree street lighting scheme

9.    Agree sample materials including sample stone panel

10.  Minor design details – re walling, eaves, rainwater goods

11.  Remove Permitted Development rights for boundary walls and fences

12.  No building hereby permitted shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with an agreed scheme and including a management plan following prior submission and approval of details. The sustainable drainage scheme shall be managed and maintained thereafter in accordance with an agreed management and maintenance plan

13.  Environment Agency condition covering no development to commence until a remediation strategy to deal with the risks associated with contamination of the site has been submitted to, and approved in writing by, the Authority

14.  The development hereby permitted shall not commence until drainage plans for the disposal of surface water and foul sewage have been submitted to and approved by the Authority. The scheme shall be implemented in accordance with the approve details before the development is first brought into use

15.  Submission and agreement of finished floor levels and site levels prior to commencement of development

16.  Footnote re Guidance Re Access to high speed broadband services for future residents (in conjunction with service providers) and Guidance to encourage the installation of electric charging points

17.  Footnote re the County Council not adopting any private SuDS schemes

18.  Footnote re any works in or nearby an ordinary watercourse require consent under the Land Drainage Act (1991) from the County Council

19.  Footnote re applicant demonstrating the appropriate level of treatment stages from the resultant surface water in line with Table 3.3 of the CIRIA SuDS manual C697

20.  Severn Trent Water footnote re sewer records and statutory protection

21.  Prior submission and agreement of a scheme of environmental management for the dwellings, to include definition of hours of operation for the construction works

22.  A footpath linking the proposed estate to the play area to be provided