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Decisions

Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by the Authority’s decision making bodies.

Alternatively you can visit the officer decisions page for information on officer delegated decisions that have been taken by Authority officers.

Decisions published

08/12/2017 - Full Application - Conversion of redundant water treatment works into 16 apartments, conversion of stone outbuilding into a studio apartment and four new cottages at Former Treatment Works, Mill Lee Road, Low Bradfield ref: 518    APPROVED (In accordance with officer recommendation with additional or amended condition|(s))

Decision Maker: Planning Committee

Made at meeting: 08/12/2017 - Planning Committee

Decision published: 04/01/2018

Effective from: 08/12/2017

Decision:

This item had been deferred from the Planning Committee in June 2017 at the request of members to allow discussion regarding affordable housing in the scheme. 

 

The Planning Officer summarised the latest consultation response from the Parish Council.  Members noted the officer request that condition 20 in the recommendation be removed.

 

The following spoke under the Public Participation at Meetings Scheme:

 

·         Charles Dunn - Agent

Members expressed concerns regarding the proximity of the proposed development to the ponds below the site.  It was agreed that an amendment to the landscaping condition 13 be included to specify some form of fencing was erected to close off the ponds from the residential development area. Members also requested an amendment to condition 13 of the report to clarify that the required landscape management plan related to the application site as a whole which included the ponds. 

Members discussed the possibility of installing electric charging points in the parking area.  Officers confirmed that the Authority was not able to insist on but would discuss with the developer, but it was noted the capacity of the existing power supply could make this unviable.  It was noted the provision of charging points was not included within current policy but it was a possibility in the future.

 

Members thanked officers for the work with the applicant to amend the original application.

 

The Officer recommendation to approve the application subject to changes to the conditions was moved and seconded, put to the vote and carried.

 

RESOLVED:

 

Subject to the prior entry into the Authority’s standard affordable housing section 106 agreement controlling the occupation and affordability of unit 11 and the studio apartment, to APPROVE the application subject to the following conditions;

 

1.         Commence development within 3 years.

 

2.         The development as a whole shall be proceed to completion in one phase, with the Studio apartment being developed and made available for occupation concurrently with the apartments in the main building.  Furthermore, other than the laying of the floor slab, no work shall proceed on construction of the new build houses until the external envelope of the main building conversion has been completed in full accordance with the approved plans and all internal apartment walls are constructed and clad with plasterboard (or equivalent).

 

3.         Carry out in accordance with defined approved plans.

 

4.         Submit and agree revised plan increasing no of parking spaces within the site for residents.

 

5.         Submit and agree full details of the proposed new raised roof elements to the 1950s extensions, including external finish.

 

6.         Withdraw permitted development rights for external alterations, extensions, porches gates, walls and other means of boundary enclosure, satellite dishes, ancillary buildings (with the exception of those sited within the rear gardens of the new build terraced houses).

 

7.         Submit and agree details of walling (materials, coursing etc.) and roofing materials to the new houses and sample panels of new stonework, pointing, roofing materials for all of site.

 

8.         Submit and agree full details of all new windows and doors (including details of lintels, sills, etc. to any new openings), to all buildings.  Details to include the precise obscure glazing detail to the windows on the first floor of the filter works north elevation.

 

9.         Submit and agree minor design/architectural details e.g. window finishes, rainwater goods, external vent details,

 

10.       No work to commence until details of the means of disposal of foul and surface waters (to include Suds) have been submitted to, and agreed in writing by the Authority.

 

11.       Submit and agree details of the biomass CHP system.

 

12.       The development permitted by this planning permission shall be carried out in accordance with an approved non-mains drainage assessment including the following specific mitigation measures:

 

1.    Soakaways to be constructed to BS6297:2007

2.    No connection to watercourse or land drainage system and no part of the soakaway system is within 10 metres of any ditch or watercourse.

3.    No siting of the package sewage treatment plant within 50 metres or upslope of any well, spring or borehole used for private water supply.

 

13.       Submit and agree full details of external hard and soft landscaping, works including fencing or hedging to provide a barrier between the site and the ponds located at the bottom of the site and a timescale for implementation and aftercare programme including a scheme to secure the long term management of the whole site

 

14.       Submit and agree a scheme of external lighting.

 

15.       All the boundaries of the gardens of the new build houses shall be formed with natural stone walls laid dry with half round coping stones to a height of 1.2m. All pedestrian gateways onto the main road shall be fitted with stone gate posts and timber gates in accordance with a scheme that shall be first submitted to the Authority for approval in writing.

 

16.       All new steps and any retaining walls within the site shall be faced with natural stone.

 

17.       Submit and agree details of means of disposal of all waste/spoil/unused demolition materials arising from the site works.

 

18.       All parking spaces and associated turning and manoeuvring shall be provided, laid out and surfaced to final finish before any of the dwellings are occupied.

 

19.       Electricity sub-station shall be relocated within main site only as shown on the approved amended site plan and screened by a dry stone wall to a height no lower than 450mm above the highest piece of equipment within the compound.

 

20.       Submit and agree precise details of the first floor apartment partitions at the junction with the glazed roof lantern and detailing how the metal trusses will be accommodated.

 

21.       Submit and agree the details of the walling and ground surface treatment within the internal courtyard of the 1913 building.

 

22.       Submit and agree scheme to maintain the timber boarding to the underside of the roof, at least within the southern open courtyard section.

 

23.       No building or other obstruction, including landscape features, shall be located over or within 4.5 metres either side of the centre line of the water mains i.e. a protected strip width of 9 metres, that enters the site. If the required stand-off distance is to be achieved via diversion or closure of the water main, the developer shall submit evidence to the Authority that the diversion or closure has been agreed with the relevant statutory undertaker.

 

24.       "No development shall take place until a Written Scheme of Investigation for a program of historic building recording, has been submitted to and approved by the local planning authority in writing. The Written Scheme of Investigation shall include an assessment of significance and research questions; and

 

1.    The program and methodology of site investigation and recording

2.    The program and provision for post-investigation analysis and reporting

3.    Provision to be made for publication and dissemination of the analysis and records of the site investigation

4.    Provision to be made for archive deposition of the analysis and records of the site investigation

5.    Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation"

 

 

a)    "No development shall take place until all on-site elements of the approved scheme have been completed to the written satisfaction of the local planning authority.”

 

b)    “The development shall not be occupied until the site investigation and post investigation analysis and assessment has been completed in accordance with the programme set out in the archaeological Written Scheme of Investigation approved under condition (a) and until the provision to be made for publication and dissemination of results and archive deposition has been secured.”

 

25.       Ecological mitigation measures

 

26.       Archaeological mitigation; recording of the site

 

and subject to Footnotes Regarding:

 

1.         Highway drainage proposals.

 

2.         Contact with relevant drainage authorities re suitable watercourse for the disposal of surface water.

 

3.         Developer to seek advice/comments from the Environment Agency/Land Drainage Authority/Internal Drainage Board, with regard to surface water disposal from the site.

 

4.         The public sewer network is for domestic sewage purposes. Land and highway drainage have no right of connection to the public sewer network.

 

5.         Encouraging the installation in an agreed location of a public interpretation panel at the front of the site which explains the history of the site and its importance to the water industry and landscape of the valley.

 

6.         The Coal Authority’s Standing Advice (site lies within the defined Development Low Risk Area. This means that there is no requirement under the risk-based approach for a Coal Mining Risk Assessment).

 

7.         Under the terms of the Environmental Permitting (England and Wales) Regulations 2010, the applicant will need to apply for an Environmental Permit to discharge treated sewage effluent into the receiving watercourse, the Dale Dyke. The Agency's preferred discharge point would be downstream of the of the picnic area by the confluence of the Dale and Agden Dykes.

 

8.         Storage of oils, fuels or chemicals shall be provided with adequate, durable secondary containment to prevent the escape of pollutants and where relevant, comply with the Control of Pollution (Oil Storage) (England) Regulations 2001 and the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991 and as amended 1997.

 

9.         Site occupiers intending to purchase or install pollutant secondary containment (bunding) should ensure that the materials are not vulnerable to premature structural failure in the event of a fire in the vicinity.

 

10.       Environment Agency recommendations for developers when dealing with land affected by contamination.

 


08/12/2017 - Brownfield Land Register and Permission in Principle ref: 528    APPROVED (In accordance with officer recommendation)

Decision Maker: Planning Committee

Made at meeting: 08/12/2017 - Planning Committee

Decision published: 04/01/2018

Effective from: 08/12/2017

Decision:

The Brownfield Land Officer introduced the report and confirmed that a workshop had taken place with other local authorities who are all following the same process.

 

Members sought clarification on unused agricultural sites.  The Authority’s website allows public to notify the Brownfield Land Officer of any sites that they may think are suitable for inclusion on the list.

 

Members requested that this part of the website be publicised in Park Life Magazine and in parish bulletins.

 

RESOLVED

 

That Members noted the contents of this report and the list of sites in Section 5 of this report to be included on Part 1 only of the Authority’s Brownfield Land Register on or prior to 31 December 2017.

 


08/12/2017 - Full Application - Demolition of existing agricultural building and replacement with a modern storage building, and the change of use of the existing traditional building to provide storage and office facilities for the estate ranger service of the n ref: 526    APPROVED (In accordance with officer recommendation with additional or amended condition|(s))

Decision Maker: Planning Committee

Made at meeting: 08/12/2017 - Planning Committee

Decision published: 04/01/2018

Effective from: 08/12/2017

Decision:

Cllr Mrs L Roberts left the meeting.

 

The Planning Officer reported that condition 7 of the report was not required and was removed.

 

Members requested that the addition of nest boxes for both birds and bats be included in the conditions and that condition 3 of the report be strengthened to ensure that the use of the buildings is conducive to the farm.

 

The Officer recommendation to approve the application subject to changes to the conditions was moved and seconded, put to the vote and carried.

 

That the application be APPROVED subject to the following conditions:

 

1.         3 year time limit

 

2.         Adopt submitted plans

 

3.         Office/storage accommodation hereby approved to remain in the same ownership as Pump farmhouse.

 

4.         New extension to be completed in accordance with approved plans before accommodation is first brought into use.

 

5.         Parking and manoeuvring space to be provided and maintained.

 

6.         Photograph survey including photographic scale of the internal fabric of the building to be undertaken and submitted prior to commencement.

 

7.         Minor Design Details

 

8.         Bird and Bat boxes to be incorporated into the building.

 

 


08/12/2017 - S.73 Application - For the removal or alteration to condition 4 (holiday occupancy condition) from planning consent NP/SM/0106/0032, Old Dains Mill, Upper Hulme ref: 520    APPROVED (In accordance with officer recommendation with additional or amended condition|(s))

Decision Maker: Planning Committee

Made at meeting: 08/12/2017 - Planning Committee

Decision published: 04/01/2018

Effective from: 08/12/2017

Decision:

The application was DEFERRED at the request of the applicant

 

Cllr Mrs L Roberts returned to the meeting at 11.15

 

Cllr D Chapman left the room at 11.20 and returned at 11.25

 

 


08/12/2017 - Full Application - Construction of manege at Middleton Hall, Rakes Lane, Middleton by Youlgreave ref: 527    APPROVED (In accordance with officer recommendation with additional or amended condition|(s))

Decision Maker: Planning Committee

Made at meeting: 08/12/2017 - Planning Committee

Decision published: 04/01/2018

Effective from: 08/12/2017

Decision:

Members visited the site on the previous day.

 

The Planning Officer provided an update to the report clarifying that the applicants were Mr & Mrs Alex Bell and the size of the land at the property was 5 hectares.

 

The applicant has suggested that they would be willing to look at using alternative land outside of the grounds.

 

The Officer recommendation to refuse the application was moved and seconded, put to the vote and carried.

 

That the application be REFUSED for the following reasons:

 

1.         The development would cause harm to the significance of the Middleton by Youlgreave Conservation Area, the park as a non-designated asset and the setting of the grade ll listed building, with no public benefit, contrary to Core Strategy policies GSP3, L1 and L3; Saved Local Plan policies LC4, LC5, LC6, LC16 and LR7 and paras 128 and 132-134 of the National Planning Policy Framework.

 

2.         Insufficient information has been provided to enable the Authority to assess the impact of the groundworks on the significance of any archaeological interest at the site contrary to Core Strategy policy L3; Saved Local Plan policy LC15 and 128 and 132-134 of the National Planning Policy Framework.

 

The meeting was adjourned at 12.55 for a lunch break and reconvened at 13.30

 

 


08/12/2017 - Full Application - Erection of additional livestock building and extension to existing agricultural building on land off Dam Lane, Parwich ref: 525    APPROVED (In accordance with officer recommendation)

Decision Maker: Planning Committee

Made at meeting: 08/12/2017 - Planning Committee

Decision published: 04/01/2018

Effective from: 08/12/2017

Decision:

The following spoke under the Public Participation at Meetings Scheme:

 

·         Ben Chadfield - Applicant

 

The Officer recommendation for approval subject to conditions was moved, seconded, put to the vote and carried.

 

That the application be APPROVED subject to the following conditions:

 

1.         3 year time limit

 

2.         Adopt amended plans.

 

3.         Remove when no longer required for agriculture.

 

4.         Landscaping scheme to be implemented.

 

5.         All spoil to be disposed of off-site at a licenced waste disposal facility.

 

6.         Existing trees to be protected during development works.

 

7.         Minor design details.

 

 


08/12/2017 - Full Application - Extension and alterations, re-organisation of drive and garden area, new double garage and ancillary accommodation at Gatehouse Farm Cottage, Gatehouse Lane, Hathersage ref: 522    APPROVED (In accordance with officer recommendation)

Decision Maker: Planning Committee

Made at meeting: 08/12/2017 - Planning Committee

Decision published: 04/01/2018

Effective from: 08/12/2017

Decision:

Members had visited the site on the previous day.

 

 

The Planning Officer introduced the item and updated members that the photographs of other properties sent in by the agent to try and demonstrate precedent related to sites which were not directly comparable to this case, which must be determined upon its own merits..

 

It was noted that as the tree report confirmed the application would not have an adverse effect on the tree in the garden, the third reason for refusal in the report would be removed.

 

The following spoke under the Public Participation at Meetings Scheme:

 

           Paul Batty – Partner of Applicant

 

A motion to defer the items was moved and seconded but later withdrawn.

 

It was confirmed that Officers had had discussions with the applicants agent regarding changes to the design of the extension which wraps around the corner of the neighbours property and the possibility of lowering the roof level as per the report but the agent had requested determination as submitted.

 

Members had concerns regarding the ancillary building and requested that if the application were approved a condition on fenestration improvement should be included. 

 

The Planning Officer requested a deferral to discuss further with the applicant and sought Members’ views on the rear gable of the building.  The Committee indicated that it had no objections to the proposed plan including the level of the roof of the wrap-around extension.  Members felt the shadow cast by the current trees was similar to the shade of the proposed building.

 

A motion was moved to defer consideration of the application to enable further design discussions with the applicant, and if the further design detailing was acceptable, authorise the Director of Conservation and Planning to approve the application subject to conditions. The motion was then seconded, put to the vote and carried.

 

RESOLVED:

 

That the application be DEFERRED to enable further discussion between officers and the applicant and, subject to the receipt of acceptable design detail, authorise the Director of Conservation and Planning to APPROVE the application subject to conditions.

 


08/12/2017 - Full Application - For alteration and extension of public house, new accommodation building, and changes to car park layout at the Old Bulls Head Inn, Little Hucklow ref: 519    APPROVED (In accordance with officer recommendation with additional or amended condition|(s))

Decision Maker: Planning Committee

Made at meeting: 08/12/2017 - Planning Committee

Decision published: 04/01/2018

Effective from: 08/12/2017

Decision:

Cllr Mrs L Roberts left the meeting at 10.40

 

Members had visited the site on the previous day.

 

The Planning Officer confirmed that the building still had rights to operate as a public house despite being closed for several years and that a land swap had been agreed in principle with a neighbouring property to allow the car park to be a more regular shape. He requested a further ‘Grampian’ style condition to secure that the land swap was completed before the commencement of the ancillary accommodation.  He also requested a condition to ensure the first floor residential unit over the pub remained ancillary to the pub business only.

 

Members welcomed the application to restore the building and reopen the public house.

 

Members requested clarification regarding the sewage provision which would be by a package sewage treatment unit covered in condition 11 of the report.

 

Members raised concerns regarding the access to the public house which was close to the road and suggested an addition to condition 4 of the report to ensure a drystone wall was erected along the frontage of the property for the safety of those leaving the property.

 

The Officer recommendation to approve the application subject to the proposed changes to the conditions was moved and seconded, put to the vote and carried.

 

RESOLVED:

 

That the application be APPROVED subject to the following conditions:

 

1.    Development commencement within 3 years

 

2.    Development in complete accordance with amended plans

 

3.    Letting rooms to remain ancillary to the pub, subject to holiday occupancy restriction

 

4.    Details of new boundary walls and gates to be agreed including provision for a drystone wall across the frontage of the public house.

 

5.    Any external lighting to be agreed

 

6.    Access visibility maintained in accordance with approved plans

 

7.    Construction site layout to be agreed

 

8.    Parking provided prior to use commencing

 

9.    The redundant vehicular access closed and the highway margin reinstated

10.  Scheme of archaeological works to be agreed

 

11.  Details of drainage to be agreed

 

12.  Details of how the tree to eastern boundary of site will be protected to be agreed

 

13.  Details of hard and soft landscaping of car park to be agreed

 

14.  Minor architectural and design details

 

15.  First floor residential accommodation above the pub to be ancillary to the pub business only.

 

16.  No work shall commence upon the construction of the ancillary accommodation block until the land swap with the neighbouring property to secure the amended layout of the car park has been completed.

 

The meeting was adjourned from 11.10 to 11.15 following consideration of this item

 

 


08/12/2017 - Full Application - For change of use from A1 shop to A5 hot food takeaway - Brook House, Hathersage ref: 521    APPROVED (In accordance with officer recommendation with additional or amended condition|(s))

Decision Maker: Planning Committee

Made at meeting: 08/12/2017 - Planning Committee

Decision published: 04/01/2018

Effective from: 08/12/2017

Decision:

Members had visited the site on the previous day.

 

Personal interests were declared by K Potter, C Howe and  R Helliwell who know the applicant

 

The property had previously been a Post Office but this had been closed for some time and the current application was the only interest shown in the property to date. 

 

The following spoke under the Public Participation at Meetings Scheme:

 

·         Mr David Graham – Objector

·         Jane Marsden – Hathersage Parish Council

 

Members discussed the recommended reasons for refusal particularly relating to the possible noise from the extractions system alone and expressed concern that if a noise assessment report could demonstrate that there would not be an adverse impact the application would then be approved.  Members requested that the reasons for refusal be strengthened to reflect the possible impact on the amenity of the neighbours by the introduction of the extraction equipment and possible nuisance caused by having a take away food shop in the location.

 

Members noted that the Authority’s Development Management Policy allowed for the cumulative impact of development to be taken into account and the installation of the extractor equipment at this site would mean that there would be three within a small area of the village centre. Members requested that any future report for this application take into account the wider, cumulative impact on the amenity of the neighbours.

 

The Officer recommendation to refuse the application with the amended reasons for refusal was moved, seconded put to the vote and carried.

 

RESOLVED:

 

That the application be REFUSED for the following reasons:

 

1.    The proposed extraction system  would be situated in close proximity to two neighbouring properties. No noise assessment has been submitted to allow a detailed consideration of noise impacts to be undertaken, including cumulative impacts with other flues nearby. In the absence of this it is considered that noise from this system is likely to have a significant adverse impact on the amenity of these neighbours due to the nature of the equipment and proximity to neighbours.

 

2.    The extract system would have an adverse impact on the visual amenity of the area including the conservation area.

 


08/12/2017 - Full Application - Erection of agricultural workers dwelling at Valley View Farm, Hayfield Road, Chinley ref: 523    APPROVED (In accordance with officer recommendation with additional or amended condition|(s))

Decision Maker: Planning Committee

Made at meeting: 08/12/2017 - Planning Committee

Decision published: 04/01/2018

Effective from: 08/12/2017

Decision:

Venue:

 

Board Room, Aldern House, Baslow Road, Bakewell

 

Chair:

 

Mr P Ancell

 

Present:

 

Cllr D Birkinshaw, Cllr P Brady, Cllr C Carr, Mr R Helliwell, Cllr Mrs C Howe and Cllr Mrs K Potter

 

Cllr Mrs C Howe left the meeting during discussion of this item due to a prejudicial interest

 

In accordance with the Authority’s Standing Orders, the meeting voted to continue its business beyond three hours.

 

An amended recommendation was tabled at the committee following the withdrawal of the objection by the Highways Authority.   The officer confirmed that the submitted agricultural report demonstrated the proposal meets the functional and financial tests within policy which supported the principle of development.  The officer’s request for a minor detailed change to the rear door and window arrangement was noted. 

 

The following spoke under the Public Participation at Meetings Scheme:

 

·         Ros Griffin – Supporter

·         Mrs Gill – Objector

·         Ruth Woodcock (Agent) and David Rogers (applicant) shared 3 minutes.

 

The Officer recommendation to approve the application was moved and seconded, put to the vote and carried

 

That the application be APPROVED subject to prior entry into a planning obligation to control the occupancy of the dwelling and prevent the separate sale of land in ownership, the new house and existing buildings and subject to the following conditions or modifications:

 

1.         Statutory time limit for implementation.

 

2.         In accordance with specified approved plans subject to the window being separated from the rear door frame.

 

3.         No development shall commence until finished floor levels have been submitted and approved. Development to be carried out in accordance with approved details.

 

4.         Prior approval of detailed scheme of landscaping prior to first occupation of dwelling. Landscaping to be implemented prior to first occupation of dwelling / within the first planting season following.

 

5.         Underground service lines on land within the applicant’s ownership and control.

 

6.         Foul drainage shall be disposed of to a package treatment plant in accordance with approved details.

 

7.         Prior approval of space for site accommodation, storage of plant and materials and manoeuvring of site operative’s and visitor’s vehicles during construction.

 

8.         Prior approval and implementation of scheme for parking spaces and turning area.

 

9.         Prior approval and implementation of bin storage area.

 

10.       Stonework to be natural gritstone in accordance with approved sample panel.

 

11.       Roof to be natural blue slate in accordance with approved sample.

 

12.       Timber windows and doors and painted finish.

 

13.       Other design details including flush cement pointed roof verges and black rainwater goods.

 

14.       Agricultural occupancy restriction.

 

15.       Removal of permitted developments for alterations and extensions to dwelling.

 

Cllr Mrs C Howe returned to the meeting following consideration of this item.

 

 


08/12/2017 - Full Application - Erection of re-locatable timber framed garden room for additional learning space designed around the needs of a disabled pupil at Combs Infant School, Combs County School, Lesser Lane, Combs ref: 524    APPROVED (In accordance with officer recommendation with additional or amended condition|(s))

Decision Maker: Planning Committee

Made at meeting: 08/12/2017 - Planning Committee

Decision published: 04/01/2018

Effective from: 08/12/2017

Decision:

Members had visited the site on the previous day.

 

A planning application for an extension to the main building had previously been approved but not yet implemented. If approved this application would be additional to the existing permission, however Members noted the school only wished to implement the current proposal

 

The following spoke under the Public Participation at Meetings Scheme:

 

·         Emma Hall – Parent – Supporter

·         Rosemary Cook – Head Teacher

·         Fiona Douglas-Mullett – Governor

·         Gemma Roe - Agent

 

Speakers confirmed that the previously approved extension was not affordable and the site owners did not wish to see that scheme developed.

 

Members felt the design and location would be satisfactory and were minded to approve the application contrary to officer recommendation with the addition of conditions.

 

The motion for approval contrary to Officer Recommendation and subject to conditions was moved and seconded, put to the vote and carried.

 

That the application be APPROVED subject to the following conditions:

 

1.    3 year time limit

 

2.    In accordance with submitted plans and with green roof

 

3.    No coloured staining to be used on Larch cladding, only clear covering to be used.

 


08/12/2017 - Full Application - Variation of Conditions 2, 3, 4, 5, 6, 7, 9, 10, 13, 15, 20, 21 and 22 on application NP/DDD/0415/0339 for demolition of former mill buildings, associated structures and other buildings and full planning permission for class C1 (ho ref: 517    APPROVED (In accordance with officer recommendation with additional or amended condition|(s))

Decision Maker: Planning Committee

Made at meeting: 08/12/2017 - Planning Committee

Decision published: 04/01/2018

Effective from: 08/12/2017

Decision:

Members visited the site on the previous day.

 

The Planning Officer provided the following updates:

 

·         Since the preparation of the report the town council had sent in a representation in support of the variations with two exceptions.

 

·         A letter had been received from the applicant’s agent in response to points made in the report regarding removal of conditions explaining that no conditions are to be removed, only varied, and with further information regarding the reason for the changes to the original application and the design changes.

 

·         Condition 4 on page 17 of the report it was confirmed that as a written scheme of investigations for Archaeological work had been agreed the condition would be amended to reflect this.

 

·         Condition 20 of the report was amended to read to the effect that ‘No work including demolition should take place until the passing places are provided’.

 

It was noted that, although the area of the building was outside the conservation area, the access was inside. It was also noted that permission for the proposed development had been granted following the decision of a Planning Inspector in December 2016, and the report included changes to the conditions recommended by the Planning Inspector. 

 

The following spoke under the Public Participation at Meetings Scheme:

 

·         Stephen Morgan-Hyland – Agent

 

The Planning Officer confirmed that the area on the ground floor of the building would be used for A3 and D2 uses such as a restaurant and a gym and would not be retail units.

 

The reduction in passing places from three to two as recommended by the Planning Inspector was agreed to protect the conservation area along the river and prevent erosion.  A preference for using Grasscrete was expressed by members for use for the passing places.

 

The Officer recommendation to approve the application subject to changes to the conditions was moved and seconded, put to the vote and carried.

 

RESOLVED:

 

To APPROVE the application subject to the following conditions:

 

1.         The development hereby permitted shall begin no later than 3 years from the date of the original approval.

 

2.         The development hereby permitted shall be carried out in accordance with the following approved plans:

 

a.         Location plan ref 2014-257/102 rev H

b.         proposed Site Plan (Phase 1) 1 of 2 ref 2014-257/105 rev F

c.         proposed Site Plan (Phase 1) 2 of 2 ref 2014-257/106 rev E

d.         Site Demolition Plan (Phase 1) ref 2014-257/02A

e.         Proposed Levels (Phase 1) ref 2014-257/803D

f.          Detailed Landscape Plan (Phase 1) 1 of 2 ref 9015-006/102 rev I

g.         Detailed Landscape Plan (Phase 1) 2 of 2 ref 9015-006/103 rev G

h.         Proposed Hotel Ground Floor Plan ref 2014-257/201 rev O

i.          proposed Hotel First Floor Plan ref 2014-257/202 rev H

j.          proposed Hotel Second Floor Plan ref 2014-257/203 rev H 

k.         proposed Hotel Third Floor Plan ref 2014-257/204 rev I

l.          Proposed Hotel Roof Plan ref 2014-257/205 rev K

m.        Proposed Hotel Elevations ref 2014-257/206 rev P

n.         proposed Hotel Site Sections/Elevations ref 2014-257/208 rev J

 

and subject to the following conditions and modifications:

 

3.         No development other than the creation of two passing places on Lumford shall take place until samples of the facing and roofing materials to be used in the hotel and details of all new stonework, including pointing, copings and quoinwork, window and door details, including, colour, recesses, lintels, sills and jambs, any external metal work and rainwater goods have been submitted to and approved in writing by the National Park Authority. The development shall thereafter be carried out in accordance with the approved details.

 

4.         a)         The development should be carried out in accordance with the Written Scheme of Investigation for archaeological work and historic building recording as approved by the National Park Authority.

 

b)         No development shall take place other than in accordance with the archaeological Written Scheme of Investigation approved under condition (a).

 

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 and publication of results and archive deposition has been secured.

 

d)         Should archaeological remains of national importance be identified within the development area, then development work shall cease in the relevant area until a written method statement for preservation in situ of the relevant remains has been submitted by the applicant and approved in writing by the National Park Authority. No development work shall then proceed other than in accordance with the approved method statement so as to ensure that relevant remains are preserved in situ.

 

5.         Notwithstanding condition 2, the finished ground floor level of the hotel shall be set a minimum of 126.50 metres above Ordnance Datum (mAOD) as shown on the amended plan entitled ‘Proposed Hotel Proposed Elevations’ (Drawing Number 2014-257_206 Rev P), unless otherwise agreed in writing by the National Park Authority in consultation with the Environment Agency.

 

6.         Prior to commencement of development other than the construction of two passing places on Lumford, details of external ground levels shall be submitted to and approved in writing by the National Park Authority in consultation with the Environment Agency. The details shall demonstrate a maximum depth of 300mm of floodwater on access roads and car parking areas in a 1 in 100 year event. The development shall be carried out in accordance with the approved details.

 

7.         Prior to commencement of development other than the construction of two passing places on Lumford, a scheme to raise and refurbish the riverside wall shall be submitted to and approved in writing by the National Park Authority in consultation with the Environment Agency. The scheme to be submitted shall demonstrate the continuity of flood protection up to a 1 in 100 year plus climate change flood event plus 400mm freeboard allowance. The scheme to be submitted shall be based upon drawings showing upstream and downstream tie-in arrangements and an assessment of the structural integrity of the existing riverside wall and shall make recommendations for any remedial measures to ensure the structural integrity of the wall. Development shall be carried out in accordance with the approved details.

 

8.         No building hereby permitted shall be occupied until surface water drainage works shall have been implemented in accordance with details that shall first have been submitted to and approved in writing by the Local Planning Authority. Before any details are submitted to the Local Planning Authority an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system, having regard to Defra's non-statutory technical standards for sustainable drainage systems (or any subsequent version), and the results of the assessment shall have been provided to the local planning authority.

 

            Where a sustainable drainage scheme is to be provided, the submitted details shall:

 

i)     provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;

ii)    include a timetable for its implementation; and,

iii) provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

 

9.         No development other than the construction of two passing places on Lumford shall commence until an assessment of the risks posed by any contamination shall have been submitted to and approved in writing by the Local Planning Authority. This assessment must be undertaken by a suitably qualified contaminated land practitioner, in accordance with British Standard BS 10175: Investigation of potentially contaminated sites - Code of Practice and the Environment Agency’s Model Procedures for the Management of Land Contamination (CLR 11) (or equivalent British Standard and Model Procedures if replaced), and shall assess any contamination on the site, whether or not it originates on the site. The assessment shall include:

 

i)     a survey of the extent, scale and nature of contamination;

ii)    the potential risks to:

      human health;

      property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes;

      adjoining land;

      ground waters and surface waters;

      ecological systems; and

      archaeological sites and ancient monuments.

 

10.       No development shall take place where (following the risk assessment) land affected by contamination is found which poses risks identified as unacceptable in the risk assessment, until a detailed remediation scheme shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan. The remediation scheme shall be sufficiently detailed and thorough to ensure that upon completion the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 in relation to its intended use. The approved remediation scheme shall be carried out and upon completion a verification report by a suitably qualified contaminated land practitioner shall be submitted to and approved in writing by the local planning authority before the development is first occupied.

 

11.       Any contamination that is found during the course of construction of the approved development that was not previously identified shall be reported immediately to the Local Planning Authority. Development on the part of the site affected shall be suspended and a risk assessment carried out and submitted to and approved in writing by the local planning authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the local planning authority. These approved schemes shall be carried out before the development is resumed or continued.

 

12.       In the event it is proposed to import soil onto the site in connection with the development or remediation the proposed soil shall be sampled at source and analysed in a UKAS accredited laboratory. The results of the analysis, and an interpretation, shall be submitted to the Local Planning Authority for approval prior to importation. Imported topsoil shall comply with British Standard 3882:2007 - Specification for topsoil and requirements for use. Only soil approved in writing by the Local Planning Authority shall be used on site.

 

13.       No development other than the construction of two passing places on Lumford shall take place until a detailed statement of mitigation measures for bat species, including timings of works and replacement habitat, has been submitted to and agreed in writing by the Local Planning Authority. Thereafter, the development shall not be carried out other than in complete accordance with the approved statement.

 

14.       The landscaping tree and shrub planting shown on the approved plans shall be carried out in the first planting and seeding seasons following occupation of the building or completion of the development whichever is the sooner. Any walling or surfacing shown on the plan shall be completed before the building is first occupied. Any trees or plant which die, are removed or become seriously damaged or diseased within five years of completion of the development shall be replaced in the next planting season with others of a similar size and species or in accordance with an alternative scheme previously agreed in writing by the National Park Authority.

 

15.       Notwithstanding conditions 2 and 14, within 3 months of the commencement of development (excluding development comprising of the provision of two passing places on Lumford), full details of the treatment of the site boundary adjacent to the side of 14 Lumford shall been submitted to and approved in writing by the Local Planning Authority. The details shall specify the siting, design, height and materials of a screen wall/fence to be constructed or erected and/or the species, spacing and height of hedging to be planted. The approved boundary treatment shall be constructed or erected before the hotel hereby permitted is first occupied. If hedging is approved it shall be carried out in the first planting season following first occupation of the hotel. Any approved hedging removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced by soft landscaping of similar size and species to those originally required to be planted.

 

16.       Before the development is first brought into use a scheme of mitigation measures designed to limit noise emanating from within the building and noise from fixed plant installations shall be submitted to and approved in writing by the National Park Authority. Development shall be carried out in accordance with the approved details prior to first occupation of the development and thereafter retained.

 

17.       Before the development is first brought into use, equipment to control the emission of fumes and smell from the premises shall be installed in accordance with a scheme to be first submitted to and approved in writing by the National Park Authority. All equipment installed as part of the approved scheme shall thereafter be operated and maintained in accordance with that approval and retained for so long as the use continues.

 

18.       Before the development is first brought into use, details of deliveries and waste collection shall be submitted to and approved in writing by the National Park Authority. Deliveries and waste collection shall be carried out in accordance with the approved details.

 

19.       No new external lighting shall be installed within the red-edged application site until a detailed lighting plan, including the details of the precise locations and specifications of the types of lighting to be used and the lux levels at the nearest properties, has been submitted to and agreed in writing by the Local Planning Authority. Thereafter, all new external lighting shall be installed in complete accordance with the approved scheme and shall be retained thereafter.

 

20.       No works, including demolition, will take place until the 2 no. passing places on Lumford have be constructed in accordance with the approved scheme of works as shown on submitted drawing Ref. 2014-257/106 Rev E prior to the commencement of demolition and shall thereafter be retained.

 

21.       No development other than the construction of two passing places on Lumford shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the local planning authority. The Statement shall provide for:

 

i)     the parking of vehicles of site operatives and visitors;

ii)    loading and unloading of plant and materials;

iii)   storage of plant and materials used in constructing the development;

iv)   wheel washing facilities;

 

The approved Construction Method Statement shall be adhered to throughout the construction period for the development.

 

22.       The hotel and A3/D2 use hereby approved shall not be occupied until space has been laid out within the site in accordance with drawing Nos 2014-257/105 Rev F and 1981-02 for 141 cars to be parked, for the loading and unloading of service/delivery vehicles and for all vehicles to turn so that they may enter and leave the site a forward gear.

 

23.       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 the designated purposes at all times thereafter.

 


08/12/2017 - Head of Law Report - Planning Appeals ref: 529    Information Only

Decision Maker: Planning Committee

Made at meeting: 08/12/2017 - Planning Committee

Decision published: 04/01/2018

Effective from: 08/12/2017

Decision:

That the report be received.