Decisions

Members had visited the site on the previous day.

The application had been discussed at the Planning Committee meeting on 10 August 2018 and was deferred because Members were concerned that, on the basis of the applicant’s participation, they may not have had the most up to date agricultural information in the report.

The following spoke under the public participation at meetings scheme:

·         Sharon Harper, Applicant.

A motion to approve the application, subject to conditions and a section 106 agreement was moved, seconded put to the vote and carried

RESOLVED:

To APPROVE the application subject to the satisfactory completion of a Section 106 agreement limiting occupation to agricultural workers and tying the property to the adjacent 10 acres of farmland at Morridge Top Farm and the following conditions:

1.         Amendments to the design and number of window openings .

2.         Standard design details including for appropriate roofing and wall materials, appropriate windows and doors.

3.         Removal of permitted development rights for extensions and outbuildings.

4.         Undergrounding of services.

5.         Details of foul drainage system.

6.         Submission and approval of an appropriate landscaping scheme.

7.        Spoil disposal

8.        Removal of the two existing static caravans

Revisions to the Officer recommendation were circulated at the meeting. In introducing the report the Officer explained the reasons for bringing it to the Committee and for amending the recommendation.

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

RESOLVED:

1.         The unauthorised development is likely to have a significant effect on the Peak District Moors Special Protection Area (SPA)  and South Pennine Moors Special Area of Conservation (SAC) and the special qualities for which they were designated, in the event of a ground A appeal against an enforcement notice the development would need to be subject to an appropriate assessment.

3          The proposed enforcement action to secure removal of the track and restoration as set out below and subject to minor amendments to the wording to be delegated to the Head of Development Management and only to be carried out in the months September to February (inclusive), does not have potential for significant impact on the SPA and SAC and the special qualities for which they were designated there this would not need to be subject to an appropriate assessment.

a)      Place between 46 cubic metres and 50 cubic metres of locally sourced heather brash, which has been collected between 1 October and 31 January in the previous year.  The heather brash shall be placed in bags or piles between 14 and 18 metres apart with each bag or pile consisting of between 1 and 1.5 cubic metres of heather brash.

 b)     Following the completion of step a), remove the geotextile matting, wooden log ‘rafts’ and any other imported materials used in construction of the track from the Land.  The removal shall either be carried out by hand or using low ground pressure tracked vehicles, equipment or machinery.  The removal shall commence at the north-west end of the Land and shall progress in a generally south-easterly direction along the Land until all of the geotextile matting, wooden log ‘rafts’ and any other imported materials used in the construction of the track have been removed. 

c)      Following the completion of step b), spread the heather brash by hand over the Land to a depth of between 1.5 and 2.5 centimetres.

d)      Following the completion of step c), plant sphagnum moss plugs by hand at a density of one plug per 5 square metres over the parts of the Land where the wooden log ‘rafts’ have been removed.

e)      Any parts of the Land which, twenty months after this Notice takes effect, have more than 30% grass cover per square metre shall be sprayed with a grass-specific, selective herbicide.

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

RESOLVED:

To APPROVE the application subject to the following conditions:

1.         The development herby permitted shall be begun within 3 years from the date of this permission.

2.         Carry out in accordance with specified plans.

3.         All replacement and new Tegula blocks colour and size to match the existing Tegula blocks.

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

RESOLVED:

To APPROVE the application subject to the following conditions or modifications:

1.         Standard conditions (statutory requirement of the advertisement regulations).

2.         The development shall not be carried out other than in complete accordance with the specified approved plans.

It was noted that proposals for a wider signage scheme for this site was under development.

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

RESOLVED:

To APPROVE subject to the following conditions or modifications:

1.         Standard conditions (statutory requirement of the advertisement regulations).

2.         The development shall not be carried out other than in complete accordance with the specified approved plans.

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

RESOLVED:

To  APPROVE the application subject to the following conditions or modifications:

1.         Standard conditions (statutory requirement of the advertisement regulations).

2.         The development shall not be carried out other than in complete accordance with the specified approved plans.

It was noted that many of the representations received related to the principle of the conversion to a shop rather than the signage proposals.

Subject to an additional condition relating to PayPoint and Lotto signage the Officer recommendation was moved, seconded put to the vote and carried.

RESOLVED:

To APPROVE the application subject to the standard conditions applicable to Advertisement Consent, and the following non-standard condition:

1.           That the scheme shall be in complete accordance with that which is specified on the amended plans, received by the Authority 10 July 2018.

2.           Submission and approval of details of the design and size of PayPoint and Lotto signage.

Members had visited the site on the previous day.

The following spoke under the public participation at meetings scheme:

•           Mr Bell, applicant.

A motion to approve the application was moved, seconded, put to the vote and carried.

RESOLVED:

To APPROVE the application subject to the following conditions:

1.         Standard time limit.

2.         Submission and approval of a written scheme of archaeological  investigation and trial trenching  before commencement.

3.         Development including ground levels to be carried out in accordance with submitted plans.

4.         Approval of surfacing materials.

5.         No external lighting.

6.         Submission and approval of proposals to dispose of soil and materials.

7.         Limit use of the manege to residents of the Middleton hall.

8.         Submission and approval of a landscaping scheme including perimeter orchard planting.

Members had visited the site on the previous day.

The Director of Conservation and Planning introduced the report and provided further details of representations received since publication. During the introduction the recommendation was amended as follows:

·         Condition 4 amended by deleting “prior to commencement” and replaced with “prior to first occupation”

·         Condition 11 amended to seek approval for materials to be used for the gloriette.

·         Additional condition 14 “The ancillary accommodation shall not be used other than as domestic accommodation ancillary to the main residential unit and the dwelling shall be retained as one planning unit.”

The following spoke under the public participation at meetings scheme:

·         Mr C Harding, Supporter

·         Mr W Griffiths, Applicant

Subject to an additional condition relating to lighting, the amended Officer recommendation was moved, seconded put to the vote and carried.

RESOLVED:

To APPROVE the application subject to the following  conditions:

1.         Statutory 3 year time limit for implementation.

2.         Development to be carried out in accordance with specified amended plans.

3.         Prior to commencement of the development hereby approved submit and agree details of construction compound, storage of plant and materials, site accommodation, loading and manoeuvring of goods vehicles and parking during construction.

4.         Prior to first occupation of the development hereby approved submit and agree details of vehicular access including visibility sightlines which shall be retained throughout the lifetime of the development.

5.         Prior to the completion or first use of the development hereby approved a detailed scheme for landscaping to be submitted and approved.

6.         Prior to the completion or first use of the development hereby approved full details of the proposed location of calcareous grassland habitat and a management plan for these areas (to include details of cutting dates, methods to allow seed to shed and methods of removing cut material) shall be submitted and approved.

7.         Prior to completion or first use of the development hereby approved full details of the seed mixture for the green roof and a management plan shall be submitted and approved.

8.         Prior to the completion or first use of the development hereby approved full details of the establishment methods and aftercare of the tree planting scheme shall be submitted and approved.

9.         Prior to the completion or first use of the development hereby approved full details of the package treatment plant shall be submitted and approved.

10.       All new service lines to be underground.

11.       Approve sample panels for natural limestone walls, natural limestone cladding and materials used in the Gloriette prior to erection.

12.       Prior to the erection/provision of any doors, windows or gates, a detailed scheme for the external finish of the window and door frames and gates shall be submitted to and approved.

13.       Remove permitted development rights for domestic alterations and extensions.

14.       The ancillary accommodation shall not be used other than as domestic accommodation ancillary to the main residential unit and the dwelling shall be retained as one planning unit.

15.       Submission and approval of an external lighting scheme.

Members had visited the site on the previous day.

The following spoke under the public participation at meetings scheme:

·         Mr E Ward, Objector

·         Mr J Durward, Objector

·         Mr G Mosely, Applicant.

It was noted that as Cllr P Brady had been in conversation with Mr Ward prior to the meeting he would ask questions relating to the application but would not vote.

The Officer recommendation to approve was moved and seconded subject to minor amendments to condition 3 and 12 and an additional condition 13. The motion was put to the vote and carried.

RESOLVED:

To APPROVE  the application subject to the following conditions:

1.         Standard time limit

2.         The development hereby permitted shall not be carried out otherwise than in complete accordance with the submitted plans ‘SIDE ELEVATION’, ‘SOUTH ELEVATION’ and specifications, subject to the following conditions or modifications.

3.         Prior to the development hereby approved being brought into use, noise mitigation measures no less effective than those outlined within the submitted Noise Impact Assessment (Peak Acoustics ref: PA482, dated 8th March 2018) shall be implemented, and tested to the written approval of the Authority which shall include submission to the Authority of an appropriate noise mitigation validation report for consideration. If the mitigation is found to be less effective than outlined it will need to be upgraded to be as effective as outlined. Once the results of the Noise Mitigation Validation Report has been found to be satisfactory the building can be brought into use and thereafter the approved mitigation shall be maintained for the life of the development.

4.         Rated noise from the development shall not exceed the background noise levels as determined in the submitted Noise Impact Assessment (Peak Acoustics ref: PA482, dated 8th March 2018), of 27dB(A); when measured (or calculated) at the façade of any noise sensitive premises. Measurements and calculations shall be undertaken in accordance with the procedures outlined in BS4142:2014.

5.         Rated noise from the development shall not exceed the background noise levels as determined in the submitted Report Reference CH1910171NR (Peak Acoustics 17th August 2018), of 36dB(A); when measured (or calculated) at the boundary of any dwelling’s garden. Measurements and calculations shall be undertaken in accordance with the procedures outlined in BS4142:2014.

6.         The sheeting for the roof and walls and the finish of the cowls/vents shall be factory colour-coated to BS 5252 Ref. No. 18B29 and thereafter these shall not be repainted or replaced other than that colour without the prior written approval of the National Park Authority.

7.         The sheeting for the walls shall overlap or replace the concrete panels down to ground level.

8.         The landscaping tree and shrub planting shown on ‘Landscape Plan’ and ‘Landscape Plan Supplementary Details’ which were received by the Authority on the 3rd January 2018 and approved by application NP/DIS/0917/0930 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 plans approved by that decision shall be completed before the building is first occupied. Any trees or plant which die, are removed or become seriously damaged or diseased 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.

9.         Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995, (or any order revoking and re-enacting that order) the building hereby permitted shall not be used for any other purpose other than for the purposes related directly to agriculture as defined by s.336 of the Town and Country Planning Act 1990.

10.       When the building hereby permitted is no longer required for the purposes of agriculture it shall be dismantled, removed from the site and the site shall be restored to its original condition.

11.       The building hereby permitted shall not be used for the rearing or keeping of livestock at any time during the lifetime of the development hereby permitted.

12.       No chemicals shall be brought into the building (hereby approved) for use on the crop stored within or introduced to the crop drying/ventilation system of the building or applied to the crop when stored within the building.

13.       No further alterations to the building.

This application was deferred at the August meeting to allow time for Officers to discuss the proposed polytunnels and storage shed with the applicant. As a result the agent had submitted revised drawings which omitted the polytunnels and storage shed from the scheme.

The following spoke under the public participation at meetings scheme:

·         Mr C Cancello, Applicant.

A motion to approve the application, subject to conditions was moved, seconded put to the vote and carried.

It was noted that Cllr A McCloy did not participate in the vote as he had not attended the previous meeting where the application had been discussed in more detail.

RESOLVED:

To APPROVE the application subject to the following conditions:

1.         Statutory three year time limit for implementation.

2.         Development shall not be carried out other than in accordance with amended plans.

3.         No planning permission is granted for either the storage shed or polytunnels which shall be omitted from the development.

4.         All new stonework shall be in natural gritstone faced, coursed and pointed to match the existing stonework.

5.         The roof shall be clad with natural blue slate to match the existing.

6.         The pointing to all new external stonework shall be bag or brush-rubbed and slightly recessed from the external face of the stonework.

7.         All new window frames shall be recessed from the external face of the wall to the same depth as existing window frames.

8.         The rainwater goods shall match the existing in terms of size, texture and colour.

9.         All pipework, other than rainwater goods, shall be completely internal within the building.

Members suggested that any further proposals should be developed in the context of the whole application site rather than the current piecemeal approach.