public document pack - high peak, derbyshire

High Peak Borough Council

DEVELOPMENT CONTROL COMMITTEE AGENDA

Date: Monday, 4 November 2019

Time: 1.30 pm

Venue: Main Hall, Town Hall, Market Street, Chapel en le Frith

25 October 2019

PART 11. Apologies for Absence

2. To receive Disclosures of Interest on any matters before the Committee 1. Disclosable Pecuniary Interests2. Other Interests

3. Minutes of the previous meeting (Pages 3 - 8)

4. Update Sheet

5. Planning Applications (Pages 9 - 10)

6. HPK/2019/0164 Land Off Granby Road, Fairfield, Buxton, Derbyshire (Pages 11 - 46)

7. HPK/2019/0273 Land at Cemetery Road, Glossop - redevelopment of existing sports facilities including new changing facilities / clubhouse and associated car parking; full-size artificial pitch; 2 no. grass pitches; and re-location of vehicular access (Pages 47 - 68)

8. HPK/2019/0343 68 Grange Park Avenue, Chapel en le Frith - Demolition of existing timber building and replacement with 2 storey extension to existing dwelling (Pages 69 - 80)

9. HPK/2019/0221 Land adjacent and to the rear of nos 54 - 64 Buxton Road, Bridgemont, Derbyshire - application for variation or removal of condition 2 in regards to HPK/2017/0536 (Pages 81 - 96)

10. HPK/2019/0203 Communication Mast - Surrey Street, Glossop - replacement of existing 19.4m high structure with proposed new 25m high monopole (Pages 97 - 104)

Public Document Pack

11. HPK/2015/0404 Corbar Hill House - proposed conversion of former Coach House at Corbar Hill House to form 4 no dwellings as well as the erection of 11 no. dwellings houses on land to the rear of Corbar Hill House and associated ground works, infrastructure & landscaping (Pages 105 - 122)

12. Exclusion of Press and Public To resolve that the press and public be excluded from the meeting during consideration of the following item of business as there may be disclosure of exempt information as defined in Part I of Schedule 12A of the Local Government Act 1972

PART II13. Performance on Planning Enforcement (Pages 123 - 128)

(Paragraph 2, 5 - Information which is likely to reveal the identity of an individual. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. )

SIMON BAKERCHIEF EXECUTIVE

Membership of Development Control CommitteeCouncillor R McKeown (Chair) Councillor D Lomax (Vice-Chair)Councillor A Barrow Councillor L DowsonCouncillor C Farrell Councillor I HuddlestoneCouncillor G Oakley Councillor J PerkinsCouncillor P N Roberts Councillor E ThraneCouncillor J Todd Councillor S Young

High Peak Borough Council

DEVELOPMENT CONTROL COMMITTEE

Meeting: Monday, 7 October 2019 at 1.30 pm in Main Hall, Town Hall, Market Street, Chapel en le Frith

Present: Councillor R McKeown (Chair)

Councillors A Barrow, L Dowson, C Farrell, I Huddlestone, D Lomax, G Oakley, J Perkins, P N Roberts, K Sizeland (substitute for S Young), E Thrane and J Todd

An apology for absence was received from Councillor S Young

Councillor K Thomson was in attendance for agenda item 7.

20/34 TO RECEIVE DISCLOSURES OF INTEREST ON ANY MATTERS BEFORE THE COMMITTEE(Agenda Item 2)

Councillor Huddlestone declared an ‘other’ interest in agenda item 7 “DOC/2017/071 Land at Linglongs Road, Whaley Bridge”, agenda item 8 “DOC/2018/0110 Land off Linglongs Road, Whaley Bridge” and agenda item 9 “HPK/2018/0551 Howard Town Brewery” (reason: has been emailed about these items)

Councillor R McKeown declared an ‘other’ interest in agenda item 9, “HPK/2018/0551 Howard Town Brewery” (reason: is a member of Glossop Labour Club Committee which buys beer from the brewery) and vacated the chair, and withdrew from the meeting during the consideration and voting on the application

20/35 MINUTES OF THE PREVIOUS MEETING(Agenda Item 3)

RESOLVED:

That the minutes of the meeting held on 9 September 2019 be approved as a correct record.

20/36 MINUTES OF THE MEETING HELD ON 15 JULY 2019 - CLERICAL ERROR(Agenda Item 4)

The Committee considered a clerical error in the minutes of the meeting held on 15 July 2019.

RESOLVED:

Agenda Item 3

Development Control CommitteeMonday, 7 October 2019

That it be confirmed that the resolution set out in paragraph 3.2 of the report was the resolution moved, seconded and approved at the meeting of 15 July 2019, and the minutes be amended accordingly.

20/37 CHAIR'S ANNOUNCEMENT

The Chair advised that meetings open to the public may be recorded by representatives of the media or by members of the public. The Council has produced a guidance document for the recording of public Council meetings that is available on the Council’s website. Any persons intending to record the meeting are: 1. Requested not to film the public seating area and to respect the wishes of members of the public who have come to speak at a meeting but do not wish to be filmed; and 2. Reminded that it is not permitted for oral commentary to be provided during a meeting. The Chair may ask people to stop recording and leave the meeting if they act in a disruptive manner.

20/38 UPDATE SHEET(Agenda Item 5)

RESOLVED:

That the update sheet be noted.

20/39 PLANNING APPLICATIONS(Agenda Item 6)

RESOLVED:

That the report be noted.

20/40 DOC/2017/0071 LAND AT LINGLONGS ROAD, WHALEY BRIDGE(Agenda Item 7)

Discharge of conditions relating to HPK/2017/0694 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 16, 17 18, 19, 21, 22, 24, 26, 27 and 28

Applicant: Kevin Furey, Barratt Homes

The Committee were addressed by Francesca Reid, on behalf of Whaley Bridge Matters and Councillor Kath Thompson (ward councillor) in objection to the application and by Simon Artiss (applicant)

The Committee had undertaken a site visit on 9 September 2019.

The Head of Development Services advised that further information had been received from Whaley Bridge Matters on 5 October 2019, including a report from GWP. The key points raised, to which the Head of Development Services responded, included:1. that any submission from the applicant cannot represent an impartial

appraisal2. Derbyshire County Council are not acting as a statutory consultee3. the approach taken by the developer is incorrect


4. no reference to trench drainage5. incorrect reference to land drainage consent being required

The Head of Development Services also reported on a late update from Ruth George MP.

RESOLVED:

1. That the relevant conditions imposed on HPK/2017/0694 as set out in the report be agreed;

2. That in the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary of add conditions / informatives / planning obligations or reasons for approval / refusal) prior to the decision being issued, the Head of Development Services be delegated authority to do so in consultation with the Chair of the Development Control Committee, provided that the changes do not exceed the substantive nature of the committee’s decision.

20/41 DOC/2108/0110 LAND OFF LINGLONGS ROAD, WHALEY BRIDGE(Agenda Item 8)

Discharge of conditions 5, 6, 7, 9, 12, 13, 14, 15, 16, 18, 21, 29, 32 and 33 in relation to HPK/2017/0247

Applicant: Mrs Aleksandra Drinkwater, Barratt Homes

The Committee had undertaken a site visit on 9 September 2019.

RESOLVED:

1. That authority be delegated to the Head of Development Services, in consultation with the Chair to agree to conditions 15 and 12;

2. That all other conditions listed in the report imposed on HPK/2017/0247 be agreed;

2. That in the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions / informatives / planning obligations or reasons for approval / refusal) prior to the decision being issued, the Head of Development Services be delegated authority to do so in consultation with the Chair of the Development Control Committee, provided that the changes do not exceed the substantive nature of the committee’s decision.

20/42 HPK/2018/0551 HOWARD TOWN BREWERY(Agenda Item 9)


Proposed change of use of the existing B2 use class (general industrial) to a Sui Generis (Brew shop with ancillary tasting room and provision of bar snacks)

Applicant: Howard Town Brewery

The Committee had undertaken a site visit on 20 May 2019.

The Committee were addressed by Stuart Swann (applicant)

RESOLVED:

1. That the application be approved as set out in the report;

2. That in the event of any changes being needed to the wording of the committee’s decision (such as to delete, vary or add conditions / informatives / planning obligations or reasons for approval / refusal) prior to the decision being issued, the Head of Development Services be delegated authority to do so in consultation with the Chair of the Committee, provided that the changes do not exceed the substantive nature of the committee’s decision.

20/43 HPK/2018/0143 LAND AT FORGE ROAD, CHINLEY(Agenda Item 10)

Residential development comprising 12 dwellings (open market and affordable), public open space and associated infrastructure together with a new car park for 1st Chinley Scout Group

Applicant: Wain Homes (North West Ltd.)

The Committee had undertaken a site visit.

The Committee were addressed by Marc Hourigan (agent).

The Head of Development Services reported on a late comment received regarding landscaping, which indicated that although the proposals are broadly acceptable, there is some concern regarding the proposed tree planting in a wet meadow area and a modification to the landscaping scheme was recommended.

RESOLVED:

1. That the application be approved, subject to:1. the conditions as set out in the report;2. a modified landscaping scheme;3. the completion of a S106 planning obligation securing matters

of onsite affordable housing provision and education contributions (see 4 below) (by 7 October 2019, the determination date in the event of an otherwise suitable and agreed time extension with the council);

4. That authority be delegated to the Head of Development Services, in conjunction with the Chair to consider the


developers recommendation regarding the education contribution, and the DCC response, to determine whether, under the circumstances, the requested contribution is compliant with the CIL regulations and to agree the final Section 106 package;

2. That in the event of any change being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions, informatives / planning obligations or reasons for approval / refusal) prior to the decision being issued, the Head of Development Services be delegated authority to do so in consultation with the Chair of the Committee, provided that the changes do not exceed the substantive nature of the committee’s decision

20/44 HPK/2019/0097 ROCKHEAD SPRING PUMP BUILDING, BAKEWELL ROAD, BUXTON(Agenda Item 11)

Installation of a pipe from Rockhead Spring Pump House to Waterswallows Lane along a route that includes Bakewell Road, Redgap Lane, Daiseymere Lane and Waterswallows Lane

Applicant: Mr Craig Airey, Nestle Waters

The Committee had undertaken a site visit on 15 July 2019.

The Committee was addressed by Pat Thompson, on behalf of Buxton Field Club, in objection to the application.

The Head of Development Services clarified that the proposed single trench would be 600 mm wide and not 600 m wide as set out in paragraph 2.2 of the report.

RESOLVED:

1. That planning permission be approved as set out in the report, subject to:

1. the conditions as set out in the report;2. an additional condition to require on-site monitoring and

reporting whilst works are on-going in sensitive areas

2. That in the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary of add conditions / informatives / planning obligations or reasons for approval / refusal) prior to the decision being issued, the Head of Development Services be delegated authority to do so in consultation with the Chair of the Development Control Committee, provided that the changes do not exceed the substantive nature of the committee’s decision.

The meeting concluded at 3.25 pm


CHAIRMAN

HIGH PEAK BOROUGH COUNCIL

Report to Development Control Committee

4 November 2019

Appendices Attached - None

1. Reason for the Report: To outline the Committee’s determination of planning applications

2. Recommendation

2.1 That the report be noted.

3. Executive Summary

3.1 Unless the Committee decide to waive their delegated power in respect of any application, the Committee’s determination of any application will operate as a final decision, unless:-

a. it is a major departure from Council Policy;

b. There are resource implications for the Borough Council which need to be considered by the Executive

3.2 The environmental, legal, financial and equal opportunities raised by each application are dealt with within each report. There are no known Community Safety issues unless specified in the report.

Web Links andBackground Papers

Location Contact details

Background papers for all planning applications

Town Hall, Buxton

TITLE: PLANNING APPLICATIONS FOR DECISION BY COMMITTEE

EXECUTIVE COUNCILLOR: Councillor Anthony McKeown

CONTACT OFFICER: Ben Haywood – Head of Development Services

WARDS INVOLVED: All

Agenda Item 5

This page is intentionally left blank

HIGH PEAK BOROUGH COUNCILDEVELOPMENT CONTROL COMMITTEE

Date 4th November 2019

Application No:

HPK/2019/0164

Location Land Off Granby Road, Fairfield, Buxton, DerbyshireProposal Erection of 73 dwellings with associated infrastructure and

landscaping.Applicant Countryside PropertiesAgent Countryside PropertiesParish/ward Stone Bench Date registered 05/06/2019If you have a question about this report please contact: Ben Haywood; email: [email protected] Tel: 01298 38400 Ext: 4924

REFERRAL

The application is referred to committee as it is a major development on High Peak Borough Council owned land.

1. SUMMARY OF RECOMMENDATION

APPROVE, subject to S106 & conditions

2. DESCRIPTION OF THE SITE AND ITS SURROUNDINGS

2.1 The application site is located within built up area boundary of Buxton. The site is a residential allocation in the adopted High Peak Local Plan. The Site measures approximately 2.48 hectares in size. It is a greenfield and underutilised site. There are no buildings on the site. The site is bounded by a mixture of residential curtilage, amenity open space and open countryside. On its eastern flank is a residential allocation of 7.16 hectares as contained in the Council’s adopted Local Plan.

3 DESCRIPTION OF THE PROPOSAL

3.1 This full planning application proposes the erection of 73 affordable dwellings. The units are SHLAA compliant and also include a Wheelchair compliant bungalow and two other bungalows.

o The proposed mix of units is as follows:o 30no. 2 bedroom (including 2 bungalows)o 41no. 3 bedroom (including 1 wheelchair property)o 2 no. 4 bedroom

Agenda Item 6

mailto:[email protected]

3.2 The submitted Design and Access Statement provides a detailed description of the proposed design. However, the key features can be described as follows:

• Retention and enhancement of landscaped boundaries around the site. • A range of parking solutions are proposed, with a high percentage of

on-plot parking. • Implementation of a Protected Route proposal as contained in the Local

Plan.3.3 The application, the details attached to it including the plans, the comments

made by residents and the responses of consultees can be found on the Council’s website at:

http://planning.highpeak.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=231851

4 RELEVANT PLANNING HISTORY

4.1 Outline Planning Permission for 104 dwellings previously existed for the site but lapsed in 2013 (HPK/2010/0452 refers).

5. PLANNING POLICIES RELEVANT TO THE DECISION

High Peak Local Plan 2016

Policy S1 Sustainable Development PrinciplesPolicy S1a Presumption in Favour of Sustainable DevelopmentPolicy S2 Settlement HierarchyPolicy S3 Strategic Housing DevelopmentPolicy S7 Buxton Sub-area StrategyPolicy EQ1 Climate ChangePolicy EQ2 Landscape CharacterPolicy EQ5 BiodiversityPolicy EQ6 Design and Place MakingPolicy EQ7 Built and Historic EnvironmentPolicy EQ9 Trees, Woodlands and hedgerowsPolicy EQ10 Pollution Control and Unstable LandPolicy EQ11 Flood Risk ManagementPolicy H1 Location of Housing DevelopmentPolicy H3 New Housing AllocationsPolicy H4 Affordable HousingPolicy CF3 Local Infrastructure ProvisionPolicy CF4 Open Space, Sports and Recreation FacilitiesPolicy CF5 Provision and Retention of Local Community FacilitiesPolicy CF6 Accessibility and TransportPolicy CF7 Planning Obligations and Community Infrastructure Levy

Supplementary Planning Guidance

Residential Design Landscape Character



Housing Needs Survey Planning Obligations

National Planning Policy Framework (NPPF) 2019

Achieving Sustainable DevelopmentSection 5 Delivering a sufficient supply of homesSection 8 Promoting healthy and safe communitiesSection 9 Promoting sustainable transportSection 12 Achieving well-designed placesSection 14 Meeting the challenge of climate change, flooding and coastal changeSection 15 Conservation and enhancing the Natural environmentSection 16 Conserving and enhancing the Historic Environment

6. CONSULTATIONS CARRIED OUT

End of Consultation Period

Site Notice: 27/08/2018Press Advert: 16/08/2018Neighbours: 16/08/2018

Third Party Representations

Support The roadway linking Granby Road and Victoria Park road being implemented

first to alleviate build up of construction traffic involved with the project

Objections The maps provided are not clear to the surround houses and roads, you can

not tell how close the new development will be to existing properties. There will be an increase of traffic and a higher risk of accidents The site is too close to Tongue Lane Industrial estate, usually industrial

estates are away from residential areas. The development will destroy so much wildlife habitat for animals and birds

such as buzzards, sparrow hawks, rabbits, owls, hedgehogs and more. The site is greenfield, there are plenty of brownfield sites in and around

Buxton better suited to this type of development. The size of the proposed roundabout is unclear. Noise pollution will increase because of the extra traffic especially from HGVs Derbyshire County Council have recommended rejecting the developer’s flood

plans. The development will cause a loss of character to the town and make it feel

more like a city There are not enough facilities (schools, doctors, dentists) to sustain the

development. The proposed properties will overlook the existing surround properties which

will cause a loss of privacy.

The mature trees are to be removed, these are living and provide vital oxygen to the environment and remove carbon dioxide which is a climate change issue as well as a home to local wildlife.

The development will adversely affect the Buxton Mineral Water Catchment area upon it stands and likely the water quality will be affected.

There is evidence of arsenic on the land and radon. The increase of traffic will create a rat run. The field to the rear may be an ancient burial site which is currently been

investigated. There has been a lack of public consultation. Existing residents bought their houses thinking it was a quiet area with open

countryside, the proposal will change that. The buffer zone between Garden House Farm and this development is

nowhere near large enough. The road structure for this development was poorly advertised. There is a major sewer which Severn Trent Water has specifically detailed in

writing must not be built over, but the developer is planning to build on this land.

There is no sensible access to Tongue Land Industrial Estate, bulldozing through a quiet cul de sac is not the answer, the industrial estate needs better access from the A6 to keep lorries away from the residential areas.

Are High Peak planning to compensate those closet to this development or compulsory purchase our properties and will the residents get market value or reduced value?

As the link road has been on the development plan for many years, it brings into question why the Council allowed 8 new homes to recently be built at the end of Tongue Lane and why this land wasn’t purchased by High Peak and the proposed roundabout could have gone there.

Buxton should present itself as a spa town, thus attracting more visitors and boosting the local economy, the increase of affordable housing will make Buxton a less desirable place to live or visit.

The development will increase criminal activity in the area including drug & alcohol related crime.

The proposed roundabout is too close to existing properties. Despite claims that the proposed roundabout could accommodate refuse

vehicles and HGV’s there is no assessment of the roundabout to back up the claims within the Transport Statement.

There is a lack of an appropriate assessment of the impact to the proposals upon the local highway network.

The area already suffers from traffic congestion at the best of times. There will be an increase in pollution. The proposal will jeopardise the environment further. The local community are against the proposal. On the local plan the proposed development appears to be situated a lot

further away from the current properties. The development will overpopulate an already busy estate.

Friends of the Peak

The boundaries of the allocation in the adopted HPBC Local Plan 2016, as Policy DS18, do not match the boundaries of the applicant’s development site. It appears that a substantial area to the west of the allocation on the Local Plan map, designated ‘Buxton Mineral Water’s catchment’, has been included in the development and part of it has become a ‘water attenuation area’. This appears to be a sensible use of land although it does not conform to the Local Plan allocation. We understand that this application is for the first phase of the site and that the impact of Ashwood Dale Quarry, referred to in the Local Plan as a potential constraint to development, is an unknown quantity at present (pers.comm. Ben Haywood, by email).

We note in the planning statement that Policy DS18 requires ‘further engagement with the Minerals Planning Authority and quarry operator to resolve issues related to the existing working and proposed extension to the Ashwood Dale quarry.’ We understand that the extension application was withdrawn but there are still mineral safeguarding issues to be resolved that the planning statement omits to mention, including regard to Policy MP17 - Safeguarding Resources of the Derby and Derbyshire Minerals Local Plan (2000). Although this plan is now out of date and is being revised, the NPPF also contains similar policies on mineral safeguarding which need to be taken into account.

The density of the site is low at 29dwellings/ha. Higher density housing of 35-50dw/ha would not only conserve land and provide support for high quality public transport and local shops, but would also make space available for some mixed use development such as a communal space, building or green space in what is currently proposed as a housing estate. The housing should remain affordable in perpetuity as required by Local Plan Policy H4.

The green field site currently offers local people a space where they can enjoy nature and fresh air. The value and loss of this important space is not recognised by the application. Local Plan Policy EQ 8 requires that new development, through its layout and design, responds to the location of existing green infrastructure and ecological networks, supporting their appropriate uses and functions. In order to compensate for this loss of green space we suggest that the remainder of the site to the east with land extending north/northeast from the boundary of the allocated site to the boundary of the Wye Valley SSSI should be designated as open local space with improvements for wildlife and for access (as in Local Plan Policy CF 4 Open Spaces sports and recreation facilities). Table 4 in the Preliminary Ecological Appraisal Report refers to Local Wildlife Site Cunning Dale North as 215m northeast of the site (although we have been unable to find a map of the site) so an extension in this direction would be logical. Growing areas should also be designed into the estate as required by Policy CF 4.

New housing developments offer the greatest potential for energy efficiency and carbon neutrality which can lead to substantial savings on energy bills. This is especially important in affordable homes. The application proposes the ‘fabric first’ approach and high quality condensing boilers through which it claims the development would meet the building regulations for emissions. However, there is no provision for low carbon heating systems, each of which is rejected for various reasons. We urge HPBC to consider the use of renewable energy from solar panels and heat pumps.

The location of this development has the potential to be sustainable as it is within walking distance of local services such as shops, primary school and bus services, and less than a mile as the crow flies from the railway station. However the provision of 2-car parking spaces per dwelling creates a disincentive to walk, cycle or use the bus and train. In order to reduce dependency on the private car the development should meet the Transport for New Homes checklist1.

As proposed, ground level parking provision takes up much space. In our view parking spaces should be limited to one or less per dwelling. Most parking spaces, except those for the less mobile, should be communal and available to all residents and visitors with parking only in defined spaces or purpose-built bays on-street with provision for shared car club vehicles. Electric vehicle charging points should be provided. The area, including adjacent existing streets some of which have speed bumps, should be designated a 20mph home zone.

The provision of a cycling lane on both sides of the new road is welcome but there is no continuity off-site and it only extends halfway round the new roundabout. HPBC should require that cycle lanes extend as a complete network to the school, shops and bus stop (with secure cycle parking at all locations) and into Buxton centre. A network of safe walking routes between the site and all local services should also be provided.

If sustainable travel benefits are to be secured from the location, a travel plan is essential, as required by Local Plan Policy CF6 (Accessibility and Transport) and National Planning Policy Framework 2018 para 111, and should be a condition of the development, with targets for each mode.

As noted in the Local Plan para 6.113 the site falls within Impact Risk Zone for the Wye Valley SSSI, which forms part of the Peak District Dales SAC and as such requires an Appropriate Assessment. We understand that Natural England’s response is awaited2.

The Preliminary Ecological Appraisal Report (PEAR) relied on desk-based and field surveys, the latter undertaken between October and April (para 3.5.ii), which limits their effectiveness. Derbyshire Wildlife Trust concludes (response 27 June 2019) that the development ‘is likely to result in a net biodiversity loss, given the semi-natural character of the application area and the availability of the habitats to local wildlife. Development will move the edge of the settlement closer to sensitive designated sites, adding gradual further pressure to these important habitats and corridors.’

As presented, the application is concerned with landscaping the site, focused on native trees and shrubs, grass and hedges (although this is a limestone dry wall area) rather than with biodiversity gain. Local Plan Policies SI and EQ 5, and the Government’s 25-year Environment Plan all seek net gain for biodiversity. HPBC should seek this net gain adjacent to the site, as a condition of the development, and the enhancement recommendations in the PEAR should be followed. In addition the Cunning Dale North Local Wildlife Site should be extended to the edge of the development, and ponds should be created in water attenuation sites and on what remains of the allocation.

AES Waste

I wasn’t able to see the Waste management plan, however looking at the site plan there are no issues for waste collection for AES.

DCC Flood Risk

The applicant has demonstrated the site is able to drain should infiltration not be achievable. The surface water discharge rate and attenuation volume may need further revisions if the application progresses beyond the outline stage but this can be addressed in the future. The LLFA would prefer surface water to be managed in smaller mini sub-catchments, utilising swales and other SuDS techniques rather than making use of one large attenuation basin.

Recommended conditions :

1. Submission, approval and implementation of a detailed design and associated management and maintenance plan of the surface water drainage for the site, in accordance with the principles outlined within:

a. Granby Drive, Buxton, Flood Risk Assessment. RSE_2097_03_V2 (July 2019). Including any subsequent amendments or updates to those documents as approved by the Flood Risk Management Team,

b. And DEFRA’s Non-statutory technical standards for sustainable drainage systems (March 2015),

2. Submission, approval and implementation of a detailed assessment has been provided to and approved in writing by the Local Planning Authority, to demonstrate that the proposed destination for surface water accords with the drainage hierarchy as set out in paragraph 80 reference ID: 7-080-20150323 of the planning practice guidance.

3. Submission, approval and implementation of a details indicating how additional surface water run-off from the site will be avoided during the construction phase.

Derbyshire Wildlife Trust

We have reviewed the Ecological Impact Assessment of land at Granby Drive, Fairfield, Buxton and the Shadow Habitat Regulations Assessment (Stage 1 and Stage 2).

We consider that the ecological impacts of the development have been fully assessed within the documents above and that the methodology used in the reports is acceptable. With regard to the Habitats Regulations Assessment we advise the LPA to consult with Natural England for further advice and comments.

We note that there is a loss of around 2.5 ha of semi-improved grassland which supports a range of typical plant species including around 10 that are considered to be indicative of grasslands of higher nature conservation value.

The distribution and abundance of these species within the site appears to be such that no individual field is of sufficient interest to meet the LWS threshold. Nonetheless the grassland habitat does have some local biodiversity value and will be supporting a range of more common and widespread species.

Impacts on protected species have largely been ruled out by the assessment and we consider that this is a reasonable conclusion for the assessment to make based on the desktop and survey evidence. We agree with the proposals for precautionary working with respect to badgers and reptiles.

Although the impacts that have been identified are at the lower end of the scale they do still represent a loss of biodiversity especially in relation to the loss of 2.5 ha of semi-improved grassland. The ecological assessment does not include any specific measures to address the loss of the grassland and the layout design for the development does not include any significant retention and/or enhancement of grassland habitat.

Enhancement measures proposed in the ecological report include landscape planting and bird boxes. We would consider the landscape planting to be the bare minimum in terms of enhancement and the bird boxes are welcomed, but do not really address the site specific impacts. The details of the landscaping can be agreed via a condition, but we would recommend agreeing details of bird boxes at this stage along the following lines:- 10 bird boxes suitable for blue tits etc 5 built-in and 5 external boxes for swifts 5 sparrow colony nest boxes

We consider that the proposal will result in a net loss of biodiversity due to the loss of 2.5 ha of semi-improved neutral grassland. We therefore do not consider that the application complies with planning policy guidance as set out in the NPPF and Local Plan.

We would advise the LPA to seek additional measures as part of the application to provide suitable mitigation/compensation for the loss of the grassland. This could potentially include the enhancement and sympathetic management of adjacent land within the applicant’s ownership. However, at this time the exact nature of how this would be achieved is unclear and requires further discussions with the applicants. If the LPA is minded to grant consent for the application at this time we recommend that a number of conditions are attached as follows:-

1. No removal of hedgerows, trees, shrubs or brambles shall take place between 1st March and 31st August inclusive, unless a recent survey has been undertaken

2. Submission, approval and implementation of Construction environmental management plans (Biodiversity)

3. Submission, approval and implementation of Ecological mitigation and management plans (EMMP)

DCC Highways

The submitted details suggest a development of 73no. dwellings served by new estate streets including a link between the existing highways of Granby Road and Victoria Park Road. The following comments are based on the

revised Planning Layout drawing (ref:-GDB/PL/01 rev E) that has been received in the time since submission of the application.

A Transport Statement has been prepared in support of the proposals in which it’s noted that Outline Consent has previously been granted for development of the site although this has now expired. The content of this document has been reviewed and, whilst it should be understood that the Highway Authority does not “agree” this or concur with every detail contained within, it is not considered that there is an evidence base to suggest that the conclusion that the development would not have a significant adverse effect on capacity or safety of the local road network is incorrect. Certainly, there is no data that would support a reason for refusal of planning permission on the basis that the development would result in severe harm on the highway network, with reference to Paragraph 109 of the National Planning Policy Framework.

The principle of providing a link road, of suitable geometry to accommodate use by buses and provided with a shared cycle/ footway on one side, by extension of both Granby Road and Victoria Park Road is acceptable. However, the current layout at the Victoria Park Road interface does not allow for a footway or margin linking with the footway on the northern side of the existing road. In order to meet Highway Authority requirements, the layout will need to be revised to demonstrate a margin of 1.0m minimum width.

It’s noted that provision has been made to serve further future development to the east of this site. With this in mind, it’s recommended that the currently proposed cul-de-sacs (and link between assuming this will eventually have frontage development to each side) to the east of the spine road are laid out and constructed to an adoptable standard i.e. so as not to prejudice future development, be of 5.5m minimum width carriageway with 2.0m width footways to each side. Adoption of these roads, or parts thereof, may be withheld until such time that further development is brought forward.

Suitability of the proposed link road alignment for use by buses should be demonstrated by means of swept paths. It’s recommended that the views of the Local Refuse Collection Service are sought with respect to the proposals for their purposes, particularly the streets serving the eastern part of the site (Plots 42 – 52) if these are to remain private until further development is served, with swept paths demonstrating suitability for a Large Refuse Vehicle of 11.6m length submitted.

There should be no vertical deflection within the proposed highway i.e. the carriageway ramps demonstrated outside Plots 47 and 53 will need to be removed.

There’s an extensive length of dropped kerb around the outside of the bend to serve parking for Plots 16 – 18 and 59 – 61. Ideally, the access arrangements should be reconfigured to introduce an element of full face kerb somewhere within this length.

It should be ensured that exit visibility sightlines of 2.4m x 25m are provided to the nearside carriageway channel in each direction at all proposed road junctions and private driveways/ parking spaces. All areas in advance of the sightlines at junctions should be constructed as footway and dedicated as highway. Any areas in advance of sightlines from driveways/ parking spaces behind the proposed highway boundary should be identified to be Conditioned to be maintained clear of any obstruction greater than 1.0m in height (600mm

in the case of vegetation) relative to the nearside carriageway channel level e.g. Plots 1 – 6, 8, 25, 27, 70, etc.

Pedestrian links with existing such routes to the west of the proposed development site (3no. mentioned within the Transport Statement) should be clearly identified on the Proposed Layout e.g. with Cromford Place / Winster Square. The route of a claimed Public Right of Way (Footpath 85 Buxton) passes between Chatsworth Road and land to the East of the proposed development site. The applicant may wish to seek legal advice with respect to potential implications of impact on this.

The Transport Assessment states that off-street parking is to be provided in accordance with the requirements of your Authority’s Local Plan and I trust that you will ensure the proposals are suitable in this respect. It should be noted that current recommendations are that off-street parking spaces should be of 2.4m x 5.5m minimum dimension (2.4m x 6.5m where in-front of garage doors) with an additional 0.5m of width to any side adjacent to a physical barrier e.g. wall, hedge, fence, etc. Any under provision would be likely to result in vehicles being parked on the proposed highway, or part on its footways, situations considered against the best interests of safe operation of the roads.

Suitably sized areas should be provided adjacent to, but not within, the proposed highway for standing of waste bins on refuse collection days.

Measures to prevent surface water run-off from entering the proposed highway will be required where development plots are at a higher level than the proposed estate streets e.g. dished channel across driveways at the rear of highway boundary discharging into a private gully.

The proposal to provide a Travel Pack to future residents to encourage sustainable travel is commendable and it’s suggested that a copy of this is forwarded to this Authority for comment prior to issuing.

Therefore, it’s recommended that the applicant is given opportunity to submit revised details including measures to address the above issues. However, if you are minded to determine the application, the Highway Authority would be grateful to receive opportunity to provide recommendations for inclusion within the determination.

County Planning Officer

Analysis of the current and future projected number of pupils on roll, together with the impact of approved planning applications shows that the normal area junior school would not have sufficient capacity to accommodate the 8 of the 9 junior pupils arising from the proposed development.

Analysis of the current and future projected number of pupils on roll, together with the impact of approved planning applications shows that the normal area secondary school would have sufficient capacity to accommodate the 11 secondary and 4 post 16 pupils arising from the proposed development.

There would be a need to mitigate the impact of the proposed development on school places in order to make the development acceptable in planning terms as the normal area junior school would not have sufficient capacity to accommodate all of the additional pupils generated by the proposed development. The County Council therefore requests a financial contribution as follows:

o £134,497.92 for the provision of 8 junior places at Fairfield Endowed CE Voluntary Controlled Junior School towards Project A - Creation of additional education and resource spaces.

The County Council requests that an advisory note be attached to any planning permission that encourages the developer to make separate enquiries with broadband providers in order to ensure that future occupants have access to sustainable communications infrastructure, and that appropriate thought is given to the choice and availability of providers which can offer high speed data connections. Any new development should be served by a superfast broadband connection unless it can be demonstrated through consultation with the network providers that this would not be possible, practical or economically viable.

Severn Trent

No objection subject to conditions: Submission approval and implementation of drainage plans for the disposal of

surface water and foul sewage.

Environmental Health

The land contamination assessment reports submitted in support of the report suggest that contamination is not a significant issue and should not preclude site development. The reports may be accepted.

o GRM, Phase I Desk Study for Countryside Properties (ref: GRM.P8831-DS.1); Dated March 2019.

o GRM, Phase 2 Site Appraisal Report for Countryside Properties (ref: GRM.P8831.F.1.Rev.A-1836); Dated May 2019

The report identifies the need for further assessment of ground gas at the site, The ground gas assessment report submitted in support of the application may be accepted

o GRM, Gas Addendum Letter for Land off Granby Road, Buxton (ref: GRM/P8831/GAL); date 25th July 2019

The report identifies the site a “very low hazard potential”, and determines that gas protection measures are not necessary. The report confirms that basic Radon protection should be incorporated into ground floor construction. No further assessment for ground gases is required.

The proposed residential end use of the development is particularly sensitive to the presence of land contamination, for this reason the following conditions 1 is recommended.

The noise impact assessment submitted in support of the application may be accepted.

o REC, Noise Impact Assessment Granby Drive, Buxton (ref: AC106994-1R0); dated 21st May 2019

The report identifies that although noise can be heard this is not at a level where changes in behaviour or attitude are predicted. Traffic noise on the A6 may slightly affect the acoustic character of the area but not such that there is a perceived change in the quality of life. The assessment determines that noise mitigation measures are not required.

The construction/demolition stage of the development could lead to an increase of noise and dust etc. experienced at sensitive premises and subsequent loss of amenity, for this reason conditions 3 to 8 are suggested.

To ensure that the development does not cause breaches in local Air Quality Objective and help secure a long-term improvement in AQ, condition 9 is recommended.

The Environmental Health Department has no objection to the proposed development subject to the conditions set out below being applied to any permission granted.

o Prior to development, a detailed Air Quality (AQ) Assessment shall be submitted and approved by the Local Planning Authority. The full scope of assessment shall be agreed in writing with the local Planning authority and shall be appropriate to both the location and scale of development, and designed to quantify the impact of the proposed development upon the existing air quality within the local area.

o If the assessment indicates a potential breach in local AQ objectives as a result of the development, the development shall not precede until an air quality action plan, detailing possible mitigation measures that could be adopted to improve AQ in the area, has been submitted and approved by the local planning authority.

o If during development any contamination or evidence of likely contamination is identified that has not previously been identified or considered, then the applicant shall submit a written scheme to identify and control that contamination.

o There shall be no visible dust emissions beyond the site boundary associated with construction/demolition works undertaken at the site.

o Any waste material associated with the demolition or construction shall not be burnt on site but shall be kept securely for removal to prevent escape into the environment.

o No piling shall take place outside the hours 09:00 hours to 16:00 hours Mondays to Friday

o Unless prior permission has been obtained in writing from the Local Planning Authority, all noise-generating activities shall be restricted to the following times of operations. 07:30 - 18:00 hours (Monday to Friday); 08:30 - 14:00 hours (Saturday) No working is permitted on Sundays or Bank Holidays.

o In this condition, a noise-generating activity is defined as any activity (for instance, but not restricted to, building construction/demolition operations, refurbishing and landscaping) which generates noise that is audible at the site boundary.

o Prior to commencement of development the developer must either submit evidence that the building was built post 2000 or submit a intrusive pre-demolition asbestos survey in accordance with HSG264 and a mitigation plan to reduce risks to potential occupiers and the wider public. The report shall be approved in writing by the LPA. NB it should be noted a management survey report is unlikely to be acceptable as this does not meet the requirements of the guidance

o The approved mitigation scheme must be carried out in accordance with its terms prior to the commencement of development.

o During construction/demolition phases amplified music and/or radios shall not be audible beyond the site boundary.

HPBC Tree Officer

There are a number of mature trees to be removed to accommodate the proposals. There is no overriding objection to this as long as there is adequate and achievable good quality landscaping scheme

The landscape proposals are generally acceptable subject however it could be approved with some minor amendments. Some further clarification will be needed but this could be conditioned.

There is no Landscape and ecological management plan (LEMP) which identifies which land is to be managed as public open space and how this management will be secured and undertaken . This will need to be conditioned as part of an approval.

The substation near the attention pond will need additional landscaping to help screen it.

There is quite a lot of hedging in the gardens whilst this potentially will provide attractive and wildlife friendly boundary treatment. It could be problematic as it will be liable to being removed / and or be left unmaintained. Some of the species used for hedging is quite vigorous and will need regular maintenance. This isn’t an overriding objection but consideration may be given to using walls at key locations, I would suggest that our landscape Colleagues from DCC are asked to advise on this.

It is not clear from the landscape plan what the boundary treatments are in particular between the proposed and existing houses. I assume this close board fencing but it does not explicitly state this. Again one for the DCC landscape officer to comment on.

Open Spaces

In terms of developer contributions, we wouldn’t request any on site play or open space provision with the existing recreational facilities at Granby Road being so close. The calculations are based on a formula for each typology and relate to a monetary figure per dwelling.

We would therefore look to request the following off-site contributions:-

Play contribution – targeted at enhancing the existing Granby Road Play Area - £14,016

Outdoor Sport contribution – targeted towards improvements for small sided facilities (MUGA etc) in Fairfield, mainly in the area around Bench Road and

Victoria Park Road where existing community facilities area located - £35,726.20

Allotment contribution - towards existing unused plot improvements and infrastructure at Cunningdale Allotments - £5,617.35

There is no on-site open space proposed which is acceptable given the proximity of Granby Road Open Space.

Archaeology

Having now read the Heritage Assessment, and looked at the site on Google earth, I would concur with the recommendations in the HA (section 8, para 8.5 ) that a geophysical survey should be conducted on the proposed development area. Aerial images of the site indicate that the western sector of the site has not seen recent agricultural cultivation, therefore subsurface archaeological remains could be well preserved here. There also appears to be some earthwork features in this area as well, though they are not described in the HA.

We would recommend that the geophysical survey be undertaken prior to a planning decision on this scheme. This would be in line with NPPF para 189 which requires that applicants establish the significance of heritage assets, and the level of proposed impact to that significance through their development proposals. The requested study will enable the identification of any previously unrecorded archaeological features which may be impacted upon by this scheme.

7. POLICY AND MATERIAL CONSIDERATIONS

Planning policies

7.1 The determination of a planning application should be made pursuant to section 38(6) of the Planning and Compulsory Purchase Act 2004, which is to be read in conjunction with section 70(2) of the Town and Country Planning Act 1990.

7.2 Section 38(6) requires the Local Planning Authority to determine planning applications in accordance with the development plan, unless there are material considerations which 'indicate otherwise'. Section 70(2) provides that in determining applications the Adopted Local planning authority "shall have regard to the provisions of the Development Plan, so far as material to the application and to any other material considerations". The Development Plan currently consists of the Adopted High Peak Local Plan April 2016.

7.3 The revised National Planning Policy Framework (NPPF) was issued in February 2019. The Framework is considered to be a mandatory material consideration in decision making. The applicable contents of the revised Framework will be referenced within the relevant sections of the officer report as detailed below.

7.4 Once again achieving sustainable development sits at the heart of the Framework as referred to within paragraphs 10 and 11. As before, achieving

sustainable development requires the consideration of three overarching and mutually dependant objectives being: economic, social and environmental where they are to be applied to local circumstances of character, need and opportunity as follows:

a) an economic objective – to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure;

b) a social objective – to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of the present and future generations; and by fostering a well designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities’ health, social and cultural well being; and,

c) an environmental objective – to contribute to protecting and enhancing our natural, built and historic environment; including making the effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy.

7.5 Paragraph 11 of the Framework requires decision makers to apply a presumption in favour of sustainable development. For decision makers this means approving development proposals that accord with an up-to-date development plan without delay.

7.6 Section 5 of the Framework relates to delivering a sufficient supply of homes. Paragraph 59 identifies that to support the Government’s objective of significantly boosting the supply of homes, it is important that a sufficient amount and variety of land can come forward where it is needed, that the needs of groups with specific housing requirements are addressed and that land with permission is developed without unnecessary delay.

7.7 Adopted LP (Local Plan) Policy S1a establishes a presumption in favour of sustainable development as contained within the Framework.

Principle of development

7.8 The site comprises greenfield land and lies within the built up area of Buxton where there is a general presumption in favour of new development. The site also forms part of a larger area of land amounting to 7.16ha allocated under Policy DS18 of the adopted Local Plan for the development of 139 dwellings. This application seeks full planning permission and all matters such as layout, landscaping, design and access fall to be considered as part of this application. However, provided that the detail of the scheme is found to conform to other relevant policies of the local plan the principle of development on the site, is considered to be acceptable. In particular Policy DS18 of the Local Plan states that approval will be subject to:

Further engagement with the Minerals Planning Authority and quarry operator to resolve issues related to the existing working and proposed extension to the Ashwood Dale quarry;

The required proportion of affordable housing (currently 30%); Developer contribution towards the provision of infrastructure, in particular,

the new Fairfield Link road, public transport provision, commuted sum to Education Authority, and other community services and needs as required;

A Transport Assessment; Design of open spaces, boundary treatment and hard landscaping to reflect

guidance in the Landscape Character SPD; Building design to reflect guidance in ‘Residential Design’ SPD and ‘Designing

Out Crime’; An archaeological evaluation pre-application; Project-level Habitats Regulations Assessment in order to address potential

urban effects on the Peak Dales Special Area of Conservation. All dwellings (excluding curtilage) to be located at least 200m away from the

potential blasting area of Ashwood Dale Quarry (as identified on the Policies Map) until such time that blasting permanently ceases.

The site is located within the Buxton Mineral Water Catchment area. Nestle Waters have been consulted on the application and no objection has been received. With regard to proximity to Ashwood Dale Quarry, the site does not lie within the 200m buffer zone noted on the proposals map and the County Planning Officer has been consulted but has raised no objection on minerals safeguarding grounds. Other matters are addressed in the relevant sections of the report below.

Sustainability

7.9. The adopted Local Plan seeks to reduce the need to travel and widen transport choices. This Policy reflects the NPPF which encourages patterns of growth that make the fullest possible use of public transport, walking and cycling. The supporting text to Policy DS18 of the Local Plan notes that the site “is well related to the existing settlement, and has good access to amenities and employment in Fairfield and to local and district bus routes.”

7.10 The nearest bus stop is approx. 87m (1min walk) away on Cornwall Avenue. In terms of proximity to local services and facilities, a local centre including the infant school, junior school, youth and community centres, and convenience store lies a short distance of 500m away along Victoria Park Road (6 mins walk). Other facilities are available around the Fairfield Common area including churches, public house and golf club. These are located around 15mins walk or 1.2km from the site. The town centre of Buxton is also easily accessible on foot, by bike or public transport and lies around 1.5km (19 mins walk or 6 mins cycle from the site). A major supermarket (Morrisons) is around 14mins walk (1.2km) or 6 mins by bike.

7.11 It is also noted that the Council has granted planning permission on the site previously and allocated for residential development in the local plan having found it to be a sustainable location for new residential development. Therefore, with these factors in mind, sustainability of location is not a decisive factor on its own which

would prevent the grant of planning permission. Consequently it is considered that the development does not conflict with Policy TR1.

Design / Layout / Character & Appearance

7.12 The NPPF highlights that good design is a key aspect of sustainable development, and is indivisible from good planning and should contribute positively to making places better for people. Paragraph 127 requires development to function well and add to the overall quality of the area for the lifetime of the development. It should respond to local character and history and reflect the identity of local surroundings and materials whilst reinforcing local distinctiveness. Planning decisions should aim to ensure that developments are visually attractive as a result of good architecture and appropriate landscaping. Paragraph 130 of the Framework advises that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and how it functions.

7.13 Local Plan Policies S1 and EQ6 seek to secure high quality design in all developments; developments should respond positively to the environment and contribute to local distinctiveness and sense of place by taking account of the distinct character, townscape and setting of the area.

7.14 The Residential Design Guidance SPD recognises the need to ensure new development is accessible to everyone and it is important to create places which are welcoming and inclusive.

7.15 The proposed site layout comprises a single spine road through the site linking the existing “dead-ends” of Granby Road and Victoria Park Road in a “loop”, with 2 cul-de-sac’s being served from it. This would provide potential future access points for further land within the allocation. Incidental areas of public open space are proposed, including larger area with a water attention feature in the south western corner of the site alongside the spine road.

7.16 Active frontages are maintained elsewhere throughout the development, including on to the open space. Double fronted and “corner turning” units have been provided on corner plots throughout the site. This provides for good natural surveillance of public areas. It is therefore considered that the scheme has taken into account Policy requirements in respect of designing out crime.

7.17 The proposal comprises a mix of 2, 3 and 4 bedroom, terraced, detached and semi-detached properties, and the type and density of development is considered to be broadly reflective of that found elsewhere in the area, particularly Kinder Way to the east. Overall, therefore the layout is considered to be acceptable.

7.18 It is noted that sectional and levels details have not been provided through the site. However, the site is relatively level and therefore it is considered that major retaining structures will not be required. Nevertheless a condition requiring submission and approval of engineering drawing showing details of all retaining walls and on-plot engineer prior to commencement of development, with express

reference within the condition that no retaining structure will exceed 1m is considered to be appropriate.

7.19 In terms of boundary treatment, it is not clear from the landscape plan what the boundary treatments are in particular between the proposed and existing houses. The design and access statement refers to a mix of closed boarded fencing, hedging and walls. However, conditions could be imposed requiring this detail to be submitted and agreed. Closed boarded fencing should only be provided between private gardens. Where garden boundaries front on to public areas, such as the side boundaries to private rear gardens with 1.8m stone wall or hedging should be provided which will produce a higher quality finish.

7.20 The surrounding development comprises a mix of modern suburban housing, ranging from 1960’s / 70’s terraces in Winster Grove, Winster Square and Alsop Way, much of which has been finished in buff brick and concrete tile. The 1980’s / 90’s semi detached housing in Kinder Way, has been finished in a high quality artificial stone and concrete tile. The proposed elevational detail of the scheme respects the simple traditional pitch-roofed form of the surrounding development but incorporates detailing which is more locally distinctive such as stone cills and lintels. Some units include brick header and cill details. It is considered that these should be substituted for stone lintel and cill details or window surrounds and this could be secured by condition. The properties are predominantly 2 storeys with some bungalows. However, these are on a limited number of plots. Small open porches, canopies and gables add detail and interest to the front elevations of some units.

7.21 Details of materials have been provided. According to the Design and Access Statement the developer is proposing the use of red multi brick and red / grey concrete roof tiles. This would be wholly inappropriate in this area. According to the Material Pallet drawing, however, Warm Golden Buff bricks and Grey concrete tiles are proposed. However, the local plan states that “The poor standard of layout and design on much of the adjacent housing at Fairfield, and the open nature of this site, require that a high standard of design is required”. It is considered that, in view the Local Plan policy the development should be finished in a good quality artificial stone such as Edenstone Buff Darlstone and a good quality artificial slate such as the Russell Moray concrete plain tile in slate grey would be more appropriate. This can be secured by condition.

7.22 Overall, subject to the imposition of appropriate conditions, the development is considered to comply with Local Plan Policies S1 and EQ6 along with guidance contained within the Councils Residential Design SPD and Paragraph 127 and the Design Chapter of the Framework all of which seek to ensure that the overall design, scale, density, massing, landscaping and use of materials are sympathetic to the character of the area.

Amenity

7.23 The surrounding development comprises the existing dwellings in Winster Square, Alsop Way, Kinder Way and Chatsworth Road to the west, Victoria Park Road to the north and Granby Road to the South. To the east, for the most part the site bounds undeveloped open countryside.

7.24 The Council’s Supplementary Planning Guidance requires minimum separation distances of 21m to be achieved between principal windows. This will be achieved in the majority of cases between both existing and proposed dwellings and between the proposed dwellings themselves. In some cases separation distances between existing and proposed dwellings are reduced to c.20.5m. However, this shortfall is not considered to be sufficiently detrimental to residential amenity to warrant refusal, particularly where properties are not directly opposing. Separation distances of c.13m will be achieved between gable elevations and neighbouring principal windows which will be sufficient to ensure a suitable level of light. Minimum garden sizes of between c.46m2 for the smallest terraced units to over 170m2 for the largest detached units will be provided which is considered to be commensurate with the size of the dwellings themselves and similar properties in the vicinity. However, it is considered to be appropriate to impose a condition removing permitted development rights on the terraced units, which are those with the smallest gardens to allow the Council to maintain control over future development.

7.25 Overall therefore the proposal is considered to comply with Local Plan policies in respect of amenity. Amenity implications arising from construction activities will be addressed through the conditions recommended by Environmental Health which were attached to the previous outline consent.

Noise Impact

7.26 An acoustic assessment has been submitted with the application which states that a series of Noise Surveys have been completed in order to measure the impact of road traffic from the A6 and the quarry to the east of the site. The Noise Impact Assessment has identified that the key noise source impacting upon the development is from road traffic using The A6. Consequently, a noise model has been constructed in order to predict noise levels across the site due to road and rail traffic sound. The assessment has determined that an acceptable level of noise can be achieved across the site based on the provided layout without any further mitigation measures in place. The Noise Impact Assessment has determined that without mitigation measures in place, the NOAEL with noise being noticeable and not intrusive and with the following advice: “Noise can be heard but does not cause any change in behaviour or attitude. Can slightly affect the acoustic character of the area but not such that there is a perceived change in the quality of life.” The assessment states that it has been based on robust and worst-case assumptions. This assessment has shown that, in principle, there should be no adverse impact at the closest receptors as a result of the existing noise sources.

7.27 The report has been considered by the Environmental Health Officer who has accepted these conclusions. Therefore he raises no objection to the application on these grounds.

Air Quality

7.28 The Environmental Health Officer has also recommended that prior to development, a detailed Air Quality (AQ) Assessment should be submitted and approved by the Local Planning Authority. If the assessment indicates a potential

breach in local AQ objectives as a result of the development, the development should not precede until an air quality action plan, detailing possible mitigation measures can be adopted to improve AQ in the area.

7.29 In response, and to avoid the need for a planning condition, the developer has provided an Air Quality Assessment with the application. In summary, it states:

The proposed development site is located within proximity to the A6, which is considered a significant source of road vehicle exhaust emissions. As such, there is the potential for the development to introduce future site users to poor air quality. Additionally, due the nature and scale of the development, the proposals have the potential to cause air quality impacts at sensitive receptor locations associated with the operational and construction phases. An Air Quality Assessment has been prepared to determine baseline conditions, consider location suitability for the proposed end-use and provide consideration of potential effects as a result of the proposals.

Potential construction phase air quality impacts from fugitive dust emissions were assessed as a result of demolition, earthworks, construction and trackout activities. It is considered that the use of good practice control measures would provide suitable mitigation for a development of this size and nature and reduce potential impacts to an acceptable level.

Dispersion modelling was undertaken at the site to predict air quality impacts as a result of road vehicle exhaust emissions associated with traffic generated by the proposed development and to quantify annual mean pollutant concentrations across the site. Results were subsequently verified using the latest monitoring data from High Peak Borough Council.

The dispersion modelling results indicated that pollutant concentrations across the site did not exceed the relevant air quality standards at any location. The location is therefore considered suitable for the proposed end-use without the inclusion of mitigation methods to protect future users from poor air quality.

Additionally, the assessment concluded that impacts on pollutant levels as a result of operational phase pollutant emissions were predicted to be not significant at any sensitive location in the vicinity of the site.

Based on the assessment results, air quality is not considered a constraint to planning permission for the proposed development.

7.30 This has been considered by the Environmental Health Officer who has stated that unfortunately he cannot accept this report at this stage. The consultant has omitted a rather crucial survey result from Fairfield Road. An amended version of the report has been provided and this has been forwarded to the EHO for comments, which were awaited at the time of report preparation.

Contaminated land

7.31 A Phase I Site Assessment has been submitted with the application. It states that:

The risk from ground contamination is considered low to very low.

The risk from ground gas is considered to be low, however the risk from radon is considered to be medium.

Prior to development a ground investigation will be required, the scope of which is outlined in Section 6. At this stage, based on the desk study information available, it is considered that allowance be made for the following:

· Allow for source removal or clean soil capping in soft landscaped areas where localised Made Ground is present.

· Gas protection measures comprising under floor venting (i.e. beam and block floors), radon barrier membrane fully sealed around service entries and extended across cavities. For budgetary purposes, an allowance should be made for 25% of plots to upgrade to a methane barrier membrane due to the potential for localised Made Ground.

A Phase II ground investigation is recommended to determine more accurately the effect of the identified hazards on the development. Initially, this should include:

· A ground investigation designed to BS10175:2011 and BS5930:2015 and comprising window sampling and trial pitting will be required to confirm ground conditions and collect samples for analysis.

· Permeability testing is required to confirm the use of soakaway drainage is suitable.

· Chemical analysis of soils followed by risk assessment so that the risk to human health and controlled waters can be determined.

· Based on the Phase I Conceptual Model (Section 3) the ground gas risk has been assessed as low. A ground gas investigation designed to current guidance will be required to determine the ground gas regime beneath the site and allow any necessary mitigation measures to be recommended. At this stage allowance for 6 visits over 3 months should be made to assess potential liabilities.

This Phase I Site Appraisal has shown the site is suitable for the proposed development, assuming compliance with all the recommendations contained within this report.

7.32 A Phase II report has also been submitted which concludes “Assuming compliance with all the recommendations contained within this the site is suitable for the proposed development. Based on the evidence currently available the site is assessed as being of generally low and locally low to moderate risk for geotechnical hazards and a very low risk for contamination hazards. These are summarised in the Post Ground Investigation Hazard Plan (Ground Model)” The Environmental Health Officer has considered the report and has commented that the land contamination assessment reports submitted in support of the report suggest that contamination is not a significant issue and should not preclude site development. The reports may be accepted. On this basis, subject to a condition to address discovery of any previously unexpected contamination it is concluded that the proposals comply with Local Plan policies in respect of contaminated land

Highway Safety / Access

7.33 Policy CF6 states that the Council will seek to ensure that development can be safely accessed in a sustainable manner. Proposals should minimise the need to travel, particularly by unsustainable modes of transport and help deliver the priorities of the Derbyshire Local Transport Plan. This will be achieved by, inter alia:

Requiring that all new development is located where the highway network can satisfactorily accommodate traffic generated by the development or can be improved as part of the development

Requiring that new development can be integrated within existing or proposed transport infrastructure to further ensure choice of transportation method and enhance potential accessibility benefits

Ensuring development does not lead to an increase in on street parking to the detriment of the free and safe flow of traffic

7.34 The applicant has submitted a Transport Statement with the application which concludes that:

The proposals promote a development of 73 new houses on vacant land on the east side of the residential area of Fairfield. The development has previously secured outline planning permission although this has now expired. The site is allocated for residential development in the Local Plan.

The layout includes a mix of 2 and 3 bedroom dwellings. Each property would have two off-street parking spaces and therefore conforms to Highway Authority standards. A new residential road, with a width of 6.75 metres and suitable for use by buses, would connect Granby Road and Victoria Park Road.

Planning obligations applied to the planning permission (expired) include the construction of a roundabout to facilitate a connection between Victoria Park Road, Tongue Lane and ultimately Fairfield Road. The proposals would not prejudice the construction of a roundabout at a later date.

Traffic generation for the development would be approximately 35 two–way movements in a peak hour. The development would add traffic to the junction of Queens Road and Fairfield Road and other connections to the wider road network. By consideration of the wider residential area, the project would create an increase of 4% to the housing numbers of Fairfield. Therefore, a simplified assessment would suggest that the project would increase traffic at areas such as the Queens Road junction by no more than 4%.

Surveys of queuing on Queens Road at the junction with Fairfield Road have been completed. The existing queuing cannot be described as excessive or severe. The junction has a good safety record with three slight injury incidents only in the last five years. Additional traffic from the development, distributed over a selection of alternative routes, is not expected to have an adverse impact.

The site is located close to local shops, a primary school and bus services, such as route 185/186. The site is an excellent example of sustainable development and would not create an over-reliance on the use of the private car.

It is our view that traffic from the residential development would not adversely affect the operation of the highway network in the vicinity of the site. Therefore, it is concluded that there are no sustainable highway reasons why

planning permission should be withheld for the residential development on land at Fairfield.

7.35 The application and Transport Statement has been carefully considered by the Derbyshire County Council Highway Engineer. He has concluded that the development would not have a significant adverse effect on capacity or safety of the local road network. Certainly, there is no data that would support a reason for refusal of planning permission on the basis that the development would result in severe harm on the highway network, with reference to Paragraph 109 of the National Planning Policy Framework. However, he has raised a number of issues / concerns regarding the design and geometry of the proposed internal road layout including:

- Lack of adequate margin width at the Victoria Park Road interface- Inadequate cul-de-sac widths to the east side of the spine road to serve future

development - Lack of swept path analysis for refuse vehicles and buses- There should be no vertical deflection within the highway- Excessive lengths of dropped kerbs - Need to demonstrate adequate exit visibility sight lines - Demonstration of Provision of pedestrian links

7.36 These issues have been brought to the attention of the developer who has provided a number of revised plans. These have been sent to DCC Highways for comment and a further update will be provided to Members prior to the meeting.

7.37 Other matters can be addressed through the use of conditions including:

- Provision of bin storage- Measures to address surface water run-off- Provision of a Travel; Pack

7.38 Off road parking would be provided in accordance with the Councils parking guidance at Appendix 1 of the adopted Local Plan. Two and three bedroom units would be provided with two off road parking spaces. Once amended plans have been received to address the NDSS issue, the level of parking provision will need to be checked to ensure that it remains compliant with the Council’s standards. An update on this issue will be provided.

7.39 Subject to the Highways Engineer being satisfied with the amended it plans, it is considered that there are no highway safety objections and the development would not have a significant adverse impact on the local road network and would provide safe and suitable access. The proposal therefore complies with the provisions of the NPPF and policy CF6 of the adopted Local Plan 2016 in this regard.

Trees and Landscaping

7.40 Policy EQ9 of the adopted Local Plan seeks to protect existing trees, woodlands and hedgerows, in particular, ancient woodland, veteran trees and ancient or species-rich hedgerows from loss or deterioration. This will be achieved by:

Requiring that existing woodlands, healthy, mature trees and hedgerows are retained and integrated within a proposed development unless the need for, and benefits of, the development clearly outweigh their loss.

Requiring new developments where appropriate to provide tree planting and soft landscaping, including where possible the replacement of any trees that are removed at a ratio of 2:1.

Resisting development that would directly or indirectly damage existing ancient woodland, veteran trees and ancient or species-rich hedgerows.

7.41 The site is currently overgrown in parts with self-set scrub and there are a number of trees which will need to be removed in order to accommodate the proposals.

7.42 An arboricultural report was submitted with the application which states: The survey assessed 29 individual trees and 3 groups of trees, with the site

being made up of limited tree cover and arboricultural value with the highest value surveyed being trees of low quality (Category C).

There are currently no tree preservation orders (TPO) at this location and the site is not situated within a conservation area. Therefore, none of the trees detailed within this report were subject to statutory protection at the time of the survey.

The proposed development will require the removal of 18 individual trees and 2 groups of trees T7, T8, T9, T10, T11, T12, T13, T14, T15, T16, T17, T18, T19, T20, T21, T22, T23, T27, G2, and G3 all of which are of low quality (Category C).

It is not considered that the removal of the above trees will result in a significant loss of amenity value within the amendment or surrounding area.

It is recommended that temporary protective fencing should be erected in order to create a construction exclusion zone which adequately protects the retained trees from damage during the construction works. This fencing should be erected at the outset of the development before any activities are carried out or materials/ plant is brought onto the site. For full details see the Tree Protection Plans (Appendix D).

Any tree works detailed in the Tree Survey Schedule at Appendix A have been identified solely in the context of the sites current use and would be considered good arboricultural management irrespective of any development proposals. It should not be inferred that any such recommended tree works are necessary to implement the proposed development.

7.43 The report has been considered by the Council’s Arboricultural Officer, who has raised no objection to the proposed tree removal subject to the provision of a good quality landscaping scheme for the finished development. A landscaping scheme has been provided with the application and the Council’s Arboricultural Officer has made some comments regarding the need for a Landscape and ecological management Plan, and additional landscaping adjacent to the pond .These could be secured by condition. She has also raised concerns regarding the amount of hedging which could be liable to being removed. However, it is considered that this is a negative aspect of the scheme in terms biodiversity and should be left within the scheme. Conditions can be imposed requiring the hedging to be maintained and

retaining. Subject to these conditions, overall the proposed development complies with Policy EQ9 of the adopted Local Plan.

Drainage

7.44 The applicant submitted, a detailed Flood Risk Assessment (FRA) with the application. The findings of the report can be summarised as follows:

This Flood Risk Assessment has been written in accordance with the requirements set out in the NPPF for the proposed residential development located between Granby Road and Victoria Park Road in Buxton, Derbyshire.

The site lies entirely within Flood Zone 1, away from any floodplain and as such is not affected by fluvial flooding. Despite this, the site is likely to alter the permeability of the ground which has potential to promote pluvial flooding. At present the site is undeveloped and entirely permeable, and for the purpose of this assessment is considered greenfield.

Proposals for the site show the construction of 73 dwellings which will form a residential development, resulting in an increase of 59% impermeable area (including a 10% urban creep allowance). Alteration to the existing ground surface is likely to significantly promote surface water runoff unless attenuated within development proposals.

It is recommended that soil soakage tests are completed at the site to confirm if infiltration drainage is feasible for draining the site. Owing to the soil type and geology of the site the use of infiltration drainage is considered highly likely.

Attenuation storage should be provided and designed to promote infiltration drainage. Calculations for surface water attenuation have therefore been completed based on a nominal 59% impermeable area, post development (including a 10% urban creep allowance). On this basis, it has been calculated that the overall attenuation volumes at the site would be 1,808m3 for the 1 in 100 year + climate change event. It is normal practice to store at least the 1 in 30 year event runoff to prevent surface flooding. However, to minimise the risk of exceedance flooding it is suggested that the 1 in 100 year + climate change volume be attenuated.

The site lies entirely within Flood Zone 1 and is shown to be at very low to low risk from surface water flooding, however it is recommended that finished floor levels be set 150mm above external levels to prevent flooding from temporary surface water ponding.

Providing the mitigation measures discussed are implemented it is considered that the risk of flooding to the site and adjacent land will be minimal.

7.45 The Lead Local Flood Authority, have considered the report and raise no objections subject to the imposition of appropriate planning conditions. It is therefore concluded that the proposed development will not adversely affect onsite, neighbouring or downstream developments and their associated residual flood risk. Subject to planning conditions being attached to any approval, the proposal complies with CS Policy SD4 ‘Pollution and Flood Risk’ and the NPPF.

Ecology

7.46 Policy EQ5 – Diversity seeks to ensure that biodiversity interests are conserved and where possible enhanced. An ecological assessment has been submitted with the application which states that:

A desk based study and field study were conducted in order to identify habitats on site and to determine the suitability for any ‘protected and notable’ species to occur on site. As a result of the initial field study, further nocturnal bat surveys were undertaken upon two buildings with no roosting bats found to be present on site. Following the survey work, the key recommendations are summarised in the table below

o a pre-commencement badger check is undertaken no more than 1 month prior to works starting on site.

o The site was considered to have ‘low’ suitability for commuting and foraging bats, whilst a number of commuting and foraging bats were identified within the nocturnal bat surveys. It is recommended that where possible trees on site are retained, particularly areas of mixed woodland on the southern and western boundary.

o Any trees, hedgerows, scrub or buildings on site to be removed should be done so outside of the breeding bird season (which is from March to August inclusive). If this is not possible, a suitably experienced ecologist should check the habitat for breeding bird activity no more than 24 hours before clearance. If nesting activity is found, nests need to be left in situ until the young have fledged.

o An area of cotoneaster was identified on site. This shrub is an invasive species listed on Schedule 9 of the Wildlife and Countryside Act. If it is to be removed from site it should be done so carefully and in a controlled manner to avoid the spread of this species.

7.47 Derbyshire Wildlife Trust (DWT) has considered the application and has raised some concerns about the proposed species mix to be used in the landscaping scheme. However, as noted above, a revised landscaping and planting scheme can be secured by condition. No other issues have been raised by DWT and they have confirmed that they have no objection in principle subject to suitable conditions to ensure adequate mitigation and protection for ecology on site. With the imposition of suitable conditions, it is considered that the scheme will provide acceptable biodiversity enhancements, in accordance with Policy EQ5.

Archaeology

7.48 A heritage impact assessment has been submitted, including the results of archaeological desk-based assessment of the site. This concludes that:

The Heritage Assessment has established that there are no Registered Battlefields or parks and gardens within the study area or within the site. There is a single Scheduled Monument located to the southeast of the site. The Fairfield Conservation Area is located towards the north and the Hardwick Conservation Area is situated towards the west. All of these assets are located towards the edge of the study area and in the case of the scheduled Cowdale Quarry, it lies within the steep wooded valley of Ashwood Dale which topographically is significantly lower than the level of the site.

Views to and from the assets are limited and thus will have little or no impact on the setting of the assets. Similarly, they are screened by topography and modern development, with the latter having a negative influence on the historical integrity of the scheduled monument.

The Listed Buildings and Conservation Areas are located towards the north along with the Conservation Areas. These are shielded and screened by modern development.

There is a moderate potential for prehistoric and Roman activity to occur within the site based on that recorded within the study are and the topographic position of the Site.

Both the map regression and fossilised fields recorded in the historic landscape characterisation suggest that the site has been used for cultivation from the medieval period onwards.

On the basis of this assessment it is recommended that a geophysical survey in undertaken to further determine the archaeological potential of the Site.

7.49 The report has been considered by the County Archaeologist who has commented that in accordance with the recommendations of the HA a geophysical survey should be carried out prior to determination of the application in order to identify whether there would be any harm to non-designated heritage assets. The NPPF states at paragraph 197 that “the effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that directly or indirectly affect non-designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset.“ Therefore without knowing whether there would be any harm or the degree of any such harm it is not possible to carry out that balancing exercise.

7.50 The developer has been made aware of this and is commissioning the work. An update will be provided prior to the committee meeting. However, if the report is not received before the meeting it is recommended that, delegated authority is granted to the Head of Development Services in consultation with the Chairman to approve the application. In the event that harm is identified the application should be brought back before the committee to allow the planning balance to be reconsidered.

Open space

7.51 Local Plan policy CF4 seeks to protect, maintain and where possible enhance existing open spaces, sport and recreational buildings and land including playing fields. This will be achieved by, amongst other things, resisting the loss of such facilities, encouraging improvements to facilities, securing financial contributions towards off-site provision of such facilities and exploring options for the management of new areas of open space.

7.52 The proposal includes a small area of informal public open space in the south western corner of the site which can be used for informal play, recreation, dog walking etc. as well as providing for water attenuation in periods of wet weather. However, other than this no on-site public open space is proposed. The open spaces officer has been consulted and has recommended that off-site public open space contributions will be required and secured via a Section 106 Agreement.

Education

7.53 The County Planning Officer has commented that there is capacity in the Local Secondary and Post-16 educational establishments to cater for pupils generated by the proposed development. However, there would be a shortfall in primary school places. Therefore, in accordance with the standard formula, Derbyshire County Council have requested £134,497.92 for the provision of 8 junior places at Fairfield Endowed CE Voluntary Controlled Junior School Project A . It is considered that this request meets the requirements of the CIL Regulations. Subject to this sum being secured through the Section 106 Agreement, it is considered that the scheme is acceptable in terms of the impact of the development on local education provision

Affordable Housing

7.54 Policy H4 of the adopted Local Plan seeks to ensure that affordable homes are designed to be well integrated with existing and new housing development. Policy H3 of the Local Plan requires new residential development to address the housing needs of the area and therefore a mix of housing types and sizes should be provided, including an appropriate level of affordable housing. This policy requires that on sites of over 25 units 30% of the housing should be for affordable purposes.

7.55 The applicant has confirmed that the scheme will comprise 100% affordable housing. It would therefore exceed the requirements of Local Plan Policy H3 in respect affordable housing provision. Nevertheless, it is recommended that a Section 106 Agreement is entered into to secure the 30% policy requirement and nomination rights over the balance of the affordable housing. The developer has confirmed that this is acceptable.

Housing Type, Size and Mix

7.56 Policy H3 of the Local Plan requires new residential development to address the housing needs of the area and therefore a mix of housing types and sizes should be provided. It is necessary, therefore, to consider the mix of house type and space standards. With regard to house type mix, the Strategic Housing Market Assessment recommends the following property size and type mix for both market and affordable dwellings.

Percentage of dwellings 1 bed flat 10% 2 bed flat/ house/ bungalow 45% 3 bed house/ bungalow 35% 4 bed house 10%

7.57 The breakdown of house types for the development as a whole is outlined below, and would include a mix of detached, semi-detached and terraced properties:

House Type Number of properties

o 0No. 1 bed flat (0%)

o 30no. 2 bedroom (41%)o 41no. 3 bedroom (61%)o 2 no. 4 bedroom (3%)

7.58 These percentages are broadly reflective of the SHMAA requirements and are considered to be acceptable. Although no 1 bedroom units are provided, and the number of 3 bedroom units is roughly twice what the SHMAA recommends and the number of 4 bedroom units is significantly below the requirement, the scheme provides predominantly 2 and 3 bedroom units which is where the majority of demand lies.

7.59 The submitted plans show that all of the house types fail to meet the Nationally Described Space standards. This has been brought to the attention of the developer and they have agreed to provide a suite of amended housetypes which are NDSS compliant. These were awaited at the time of report preparation and a further update on this issue will be provided to Members.

7.60 In terms provision for elderly accommodation, Policy H3 of the adopted Local Plan under criteria (e) states that flexible accommodation, which is capable of future adaption should be provided in accordance with the National Described Space Standards and delivered to meet accessibility standards set out in the Optional Requirement M4(2) of Part M of the Building Regulations. As noted above the size of the dwellings has been assessed against NDSS and found not to be compliant, although the developer is working to address this. The general purpose of Part M of Building Regulations is to ensure that both internally and externally new buildings are designed to provide accessible and adaptable dwellings to meet the requirements of older people and people with specialist housing needs. Matters which are addressed in this section include, for example, the ability to wider driveways/parking spaces to accommodate a wheel chair, step free access and internal circulation space of a certain size to ensure that dwellings can be adapted if required. The SHMA identified a need to provide 20% of dwellings as bungalows/specialist elderly accommodation.

7.61 The scheme as submitted includes a wheelchair accessible bungalow. Whilst this is a positive aspect of the scheme, it fails to meet the policy requirement which would be for 14 of the units to be bungalows. Elsewhere the Council has accepted that this is acceptable where a high proportion of the other dwellings on site would meet Part M4 (2) of Building Regulations. This includes adequate internal circulation spaces, parking and access widths which could be widened if required and level access to dwellings. No evidence has been provided as to whether the dwellings proposed would meet these requirements, and the developer has been asked to address this as part of their revised house type package. A further update on this issue will also be provided to Members.

Section 106 and CIL Regulations.

7.62 Under the Community Infrastructure Levy (CIL) Regulations, any contributions secured under a Section 106 Agreement must meet the following tests:

(a) necessary to make the development acceptable in planning terms;(b) directly related to the development; and

(c) fairly and reasonably related in scale and kind to the development.

7.63 As noted above, contributions have been requested towards primary education and open space. The education contribution is considered to comply with the 3 tests subject to clarification of the calculation following the reduction in dwelling numbers. The Open Space contribution is also compliant provided that the precise details of the scheme on which it will be spent are supplied. On this basis, the proposed contributions are considered to be compliant with the CIL Regulations.

8. PLANNING BALANCE & CONCLUSION

8.1 The determination of a planning application is to be made pursuant to section 38(6) of the Planning and Compulsory Purchase Act 2004, which is to be read in conjunction with section 70(2) of the Town and Country Planning Act 1990.

8.2 Section 38(6) requires the local planning authority to determine planning applications in accordance with the development plan, unless there are material circumstances which 'indicate otherwise'. Section 70(2) provides that in determining applications the local planning authority "shall have regard to the provisions of the Development Plan, so far as material to the application and to any other material considerations." The Development Plan currently consists of the High Peak Local Plan 2016.

8.3 The site comprises greenfield land and lies within the built up area of Buxton where there is a general presumption in favour of new development. The site also forms part of a larger area of land amounting to 7.16ha allocated under Policy DS18 of the adopted Local Plan for the development of 139 dwellings. This application seeks full planning permission and all matters such as layout, landscaping, design and access fall to be considered as part of this application. However, provided that the detail of the scheme is found to conform to other relevant policies of the local plan the principle of development on the site, is considered to be acceptable.

8.4 The site is located within reasonable walking distance of a number of local amenities and bus links and has previously been established as a sustainable location for new development through the allocation of the site and granting of a previous planning permission which has now lapsed.

8.5 The scheme is considered to be acceptable in terms of design and layout and would provide an adequate standard of amenity for existing and future residents. Subject to suitable conditions there are no objections on any environmental health grounds such as noise or contaminated land. There are no concerns regarding loss of existing trees and an improved scheme of proposed landscaping can be secured by condition. This would also satisfy DWT in terms of ecology. The Lead Local Flood Authority, have considered the application and raise no objections on drainage and flooding grounds subject to the imposition of appropriate planning conditions.

8.6 Open space requirements can be catered for through off-site contributions secured through a Section 106 Agreement in accordance with the Open Spaces Officer’s requirements. The County Planning Officer has commented that there is capacity in the Local Secondary and Post-16 educational establishments to cater for

pupils generated by the proposed development. However, there would be a shortfall in primary school places. Therefore, in accordance with the standard formula, Derbyshire County Council have requested £134,497.92 for the provision of 8 junior places at Fairfield Endowed CE Voluntary Controlled Junior School towards Project A - Creation of additional education and resource spaces.

8.7 The proposal the scheme will comprise 100% affordable housing. It would therefore exceed the requirements of Local Plan Policy H3 in respect affordable housing provision. Nevertheless, it is recommended that a Section 106 Agreement is entered into to secure the minimum 30% policy requirement and nomination rights over the balance of the affordable housing. The submitted plans show that all of the house types for which consent is sought do not meet the Nationally Described Space standards. However, this has been brought to the attention of the developer and they have agreed to provide a suite of amended housetypes which are NDSS compliant. These were awaited at the time of report preparation and a further update on this issue will be provided to Members.

8.8 With regard to house type mix, and property sizes, the proposed percentages are broadly reflective of the SHMAA requirements and are considered to be acceptable. Only one bungalow is proposed against a 20% requirement. However, the applicant has been requested to submitted evidence to show that the dwellings would meet Part M4 (2) of Building Regulations.

8.9 The Derbyshire County Council Highways Engineer has raised no objections in terms of the impact of the scheme on the wider highway network. However, he has made a number of points with regard to internal design detail and visibility at the site access. Amended plans have been submitted to address these issues and his comments were awaited at the time of report preparation. Members will be updated prior to their meeting.

8.10 A Heritage Assessment has been provided with the application. The County Archaeologist has been consulted and has stated that this should be provided prior to determination in order to correctly undertake the “planning balance” in accordance with the tests set out in the NPPF. The developer has been made aware of this and is commissioning the work. An updated will be provided prior to the committee meeting. However, if the report is not received before the meeting it is recommended that, provided that the report identifies that there would be no harm to heritage assets, delegated authority is granted to the Head of Development Services in consultation with the Chairman to approve the application. In the event that harm is identified the application should be brought back before the committee to allow the planning balance to be reconsidered.

8.11 In conclusion, subject to:

i) the highway authority considering the revised plans and not raising any objection,

ii) amended plans being provided to demonstrate compliance with the NDSS and Part M4 (2) of Building Regulations.

iii) A geophysical survey being provided which concludes that there would be no harm to heritage assets

It is considered that the development accords with the provisions of the relevant development plan policies and, in the absence of any material considerations to indicate otherwise, should be approved without delay.

9. RECOMMENDATIONS

A. That DELEGATED AUTHORITY be granted to the Head of Development Services and the Chairman of the Committee to approve the application subject to A geophysical survey being provided which concludes that there would be no harm to heritage assets AND a Section 106 Agreement to secure:

30% affordable housing with tenure split in accordance with Housing Officer requirements

£134,497.92 for the provision of 8 junior places at Fairfield Endowed CE Voluntary Controlled Junior School towards Project A - Creation of additional education and resource spaces.

Play contribution – targeted at enhancing the existing Granby Road Play Area - £14,016

Outdoor Sport contribution – targeted towards improvements for small sided facilities (MUGA etc) in Fairfield, mainly in the area around Bench Road and Victoria Park Road where existing community facilities area located - £35,726.20

Allotment contribution - towards existing unused plot improvements and infrastructure at Cunningdale Allotments - £5,617.35

And the following conditions:

Code Condition Notes NSTD 12 month time limitNSTD Approved Plans NSTD Materials to include artificial stone and Russell

Moray concrete plain tile in slate grey to all plotsNSTD Submission, approval and implementation of

detailed design and associated management and maintenance plan of the surface water drainage for the site

NSTD A detailed assessment to be provided, to demonstrate that the proposed destination for surface water accords with the drainage hierarchy as set out in paragraph 80 of the planning practice guidance

NSTD Study or office shown on drawings not to be marketed as bedrooms

NSTD Submission, approval and implementation of details indicating how additional surface water run-off from the site will be avoided during the construction phase

NSTD Submission approval and implementation of

scheme of lightingNSTD Submission approval and implementation of

scheme of Construction Environmental Management Plan (CEMP)

NSTD Submission approval and implementation of Biodiversity Enhancement Strategy

NSTD Submission and approval of revised landscaping scheme

NSTD Implementation of landscaping schemeNSTD No development approved by this planning

permission shall commence until a remediation strategy to deal with the risks associated with contamination of the site

NSTD If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted

NSTD Infiltration systems should only be used where it can be demonstrated that they will not pose a risk to groundwater quality. A scheme for surface water disposal needs to be submitted to and approved by the local planning authority. The scheme shall be implemented as approved

NSTD Arboricultrual method statement, including a tree protection plan and provision for arboricultural supervision as a condition of approval

NSTD Landscape and ecological management planNSTD Archaeology - Submission, approval and

implementation of a Written Scheme of Investigation.

NSTD Submission, Approval and Implementation of contaminated land report / mitigation

NSTD Submission, Approval and Implementation of Noise Insulation Scheme

NSTD There shall be no visible dust emissions beyond the site boundary

NSTD Any waste material associated with the demolition or construction shall not be burnt on site but shall be kept securely for removal to prevent escape into the environment.

NSTD There shall be no fires lit on the site for purpose of disposing of demolition materials. Any open fires that arise shall be extinguished without delay.

NSTD If piling is necessary a written method statement

shall be submittedNSTD Limit site working hours for noisy operations to

08:00 - 18:00 hours (Monday to Friday); 08:30 - 14:00 hours (Saturday) No working is permitted on Sundays or Bank Holidays.

NSTD Submission and approval of engineering drawing showing details of all retaining walls and on-plot engineer prior to commencement of development, with express reference within the condition that no retaining structure will exceed 1.5m is considered to be appropriate

NSTD Removal of permitted development rights on the terraced units.

B. In the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Head of Development Services has delegated authority to do so in consultation with the Chairman of the Development Control Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.

Site Plan

1



Application No: HPK/2019/0273

Location Land at Cemetery Road, GlossopProposal Redevelopment of existing sports facilities including new

changing facilities/clubhouse and associated car parking; full-size artificial pitch; 2no. grass pitches; and re-location of vehicular access

Applicant Glossop North End Juniors AFCAgent Urbana Town PlanningParish/ward Glossop/Dinting Date registered 28th June 2019If you have a question about this report please contact: James Stannard, Tel. 01298 28400 extension 4298, [email protected]


Approve with Conditions

1. REASON FOR COMMITTEE DETERMINATION

1.1 This application has been brought before the Development Control Committee because it comprises Major Development.


2.1 This application relates to an ‘L’ shaped parcel of land measuring approximately 0.3ha to the south west of Cemetery Road, approximately 1km North West of Glossop town centre.

2.2 The site consists of a number of football pitches, a small single storey clubhouse building and a small area of hard standing used for car parking, operated by Glossop North End Juniors Association Football Club (AFC). Since its birth in 1989 the club has grown to operate 35 teams with over 450 children now associated with the club, ranging from Saturday School programmes up to the Under 21’s and includes both male and female teams.

2.3 The site currently benefits from an existing access to Cemetery Road in the north eastern corner of the site. A Public Footpath crosses a part of the site running from the eastern to the southern boundary.

2.4 Cemetery Road runs parallel with the north eastern boundary of the site, with the Cemetery standing on the opposite side of the public

Agenda Item 7

2

highway. A sole residential property ‘Arundel House’ lies to the north of the site, whilst to the south and south west are a number of residential properties which are associated with the relatively new housing development on land off North Road (Reserved Matters approved under HPK/2015/0120). The closest properties to the site lie some 40m distant from the southern boundary at their closest point. To the west is open agricultural land.

2.5 The site is located outside of the built-up area boundary in the countryside and sits within the North Derbyshire Green Belt. At its closest point, the Peak National Park stands approximately 500m distant.

3. DESCRIPTION OF THE PROPOSAL

3.1 The application seeks consent for a number of aspects of development, designed to improve the sports facilities and associated uses on the site. These aspects of development are summarised below:

Demolition of existing clubhouse and construction of new single storey clubhouse which contains

o 4 x changing rooms;o 2 x match official changing rooms;o Toilet facilities;o Clubroom;o Kitchen;

1 x full size 3G Artificial Grass Pitch (AGP); 1 x 9 v 9 youth grass pitch; 1 x 11 v 11 grass pitch; 104 x car parking spaces including 4 x accessible spaces (43 x

designated spaces and ‘overspill’ car park for 61 cars) 30 x cycle spaces

3.2 The application has been supported by a number of plans, 3D images and technical documentation. The latest set of plans, images and documentation that is the subject of this recommendation is set out below:

Plans

Site Location Plan (Ref: 000 Rev A00) Proposed Site Layout (Ref: 004 Rev A09) Clubhouse Floor Layout (Ref: 005 Rev A01) Existing Site Sections (Ref: 006 Rev A00) Access Road Visibility Splays (Ref: 007 Rev A03) Clubhouse Elevations (Ref: 008 Rev A02)

3

Existing Clubhouse Footprint (Ref: 009 Rev A00) Sections Elevations (Ref: 010 Rev A01) Proposed Site Sections (Ref: 011 Rev A01) Car Parking Layout (Ref: 012 Rev A00) Attenuation Location (Ref: SK03-44468) Proposed AGP Plan AGP Development Layout Proposed AGP Floodlights Proposed AGP Elevations Proposed AGP Fixed Equipment Elevations Proposed AGP Surface Water Drainage Plan Proposed Playing Pitch Arrangement AGP Features

Images

3D Aerial Image 01 3D Aerial Image 02 3D Aerial Image 03 3D Aerial Image 04 3D Cemetery Road Image 01 3D Cemetery Road Image 02 3D Cemetery Road Image 03 3D Clubhouse Image

Documents

Planning Statement Feasibility Study Ecological Impact Report Bat Activity Report Landscape and Visual Appraisal Flood Risk Assessment Design & Access and Planning Statement Floodlight Design Floodlight Specification Grantshot Toolkit (Intended users of the facility)

3.3 The application, the details attached to it including the plans, comments made by residents and the responses of the consultees can be found on the Council’s website at:


4. RELEVANT PLANNING HISTORY

4.1 The application site has not been subject to any planning history



4


High Peak Local Plan 2016

S1 Sustainable Development PrinciplesS1a Presumption in Favour of Sustainable DevelopmentS5 Glossopdale Sub-area StrategyEQ2 Landscape CharacterEQ3 Rural DevelopmentEQ4 Green Belt DevelopmentEQ5 BiodiversityEQ6 Design and Place MakingEQ9 Trees, Woodland and HedgerowsEQ11 Flood Risk ManagementCF4 Open Space, Sports and Recreation FacilitiesCF5 Provision and Retention of Local Community Services & FacilitiesCF6 Accessibility and Transport

National Planning Policy Framework

Achieving Sustainable Development Chapter 2Promoting and Healthy and Safe Communities Chapter 8Promoting Sustainable Transport Chapter 9Achieving Well Designed Places Chapter 12Protecting Green Belt Land Chapter 13Meeting the challenge of climate change and flooding Chapter 14Conserving and Enhancing the Natural Environment Chapter 15


Site notice Expiry date for comments: 14th August 2019Neighbour letters Expiry date for comments: 1st August 2019Press Notice Expiry date for comments: 8th August 2019

Neighbours

6.1 At the time of writing, 13 x letters of objection have been received in connection with this application. A summary of the concerns raised within these objections are as follows:

Inappropriate development in the Green Belt Highway Safety and increase in traffic volume Access and Parking Provision Lack of Public Transport and footpath connections Landscape and Visual Impacts Requirement for further landscaping and screening Rise in anti-social behaviour Overall long term viability and sustainability of the pitches Residential Amenity on neighbouring properties

5

Light Pollution Noise Impacts Child welfare and safety Inappropriate scale

6.2 At the time of writing, 102 x letters of support have been received in connection with this application. A summary of the comments supporting the application are set out below:

Provision of more opportunities for diverse range of people Current facilities in very poor condition Facilities will play a key part in vitality of local community Need for facilities for use in all weathers Will allow potential for new sports teams to be started Will create a lasting legacy for future generations Sport plays vital role in keeping community healthy

Consultee Comment

DCC Lead Local Flooding Authority (LLFA)

No objections subject to conditons

DCC Highways Authority No objections subject to conditions

Derbyshire Wildlife Trust No objections subject to conditions

HPBC Building Control No comments received

HPBC Environmental Health No objections subject to conditions

HPBC Operational Services Supports application

HPBC Waste No objections

HPBC Economic Development

The Council approved the accelerated housing delivery programme to proactively drive forward the delivery of the Local Plan. One of the newly allocated sites identified for residential development is land at Padfield Main Road (Roughfield).

The HPBC Playing Pitch Strategy

6

identified the informal playing pitch provision on the PMR site as low value and unsuitable for investment as a standalone facility. Work has been undertaken to identify possible alternative locations for the existing playing field allocation at Padfield Main Road and we are seeking to exchange this allocation for investment in the Cemetery Road site.

Subject to approval from Sport England, the Council is proposing that an ‘off site S106 contribution’ be made available from the development of the site to assist in funding the required improvements at Cemetery Road’.

Peak and Northern Footpaths Society No objections

Peak District National Park No objections subject to conditions

Ramblers Association No comments received

Sport England No objections subject to conditions

HPBC Trees and Landscape Officer

No objections subject to conditions

4. POLICY AND PLANNING BALANCE

Planning Policies


7.2 Section 38(6) requires the local planning authority to determine planning applications in accordance with the development plan, unless there are material circumstances which 'indicate otherwise'. Section 70(2) provides that in determining applications the local planning authority "shall have regard to the provisions of the Development Plan, so far as material to the application and to any other material

7

considerations." The Development Plan consists of the High Peak Local Plan Policies Adopted April 2016.

7.3 Other material considerations include the National Planning Policy Framework (NPPF), Supplementary Design Guidance, and National Planning Policy Guidance (NPPG). Paragraph 11 of the NPPF explains that at the heart of the Framework is the presumption in favour of sustainable development. For decision makers this means that when considering development proposals which accord with the development plan, they should be approved without delay, unless: i. the application of policies in this Framework that protect areas or

assets of particular importance (which include those relating to development in the Green Belt) provides a clear reason for refusing the development proposed6; or

ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.

Principle of Development & Green Belt

7.4 The site is situated outside the built-up area boundary of any town or larger village as defined within the adopted Proposals Map, and therefore lies in the open countryside. The site is also situated within the North Derbyshire Green Belt.

7.5 As such, the application is subject to Local Plan (LP) Policies EQ3 and EQ4 of the Local Plan which refer to Rural Development and Green Belt Development respectively.

7.6 LP Policy EQ3 supports development associated with recreational and open space uses in accessible and least environmentally sensitive locations.

7.7 LP Policy EQ4 requires development proposals in the Green Belt to be assessed and determined in line with national policy. Chapter 13 of the NPPF (2019) contains the relevant national Green Belt policies that apply to this application.

7.8 Paragraph 133 of the NPPF clarifies that the fundamental aim of the Green Belt is to prevent urban sprawl by keeping land permanently open; their essential characteristics being their openness and permanence. Paragraph 134 goes on to set out the five purposes of the Green Belt:

a) to check the unrestricted sprawl of large built-up areas;b) to prevent neighbouring towns merging in to one another;c) to assist in safeguarding the countryside from encroachment;d) to prevent the setting and special character of historic towns;e) to assist in urban regeneration, by encouraging the recycling of derelict and other urban land

8

7.9 In determining applications, paragraph 143 of the NPPF states that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances.

7.10 Paragraph 144 of the NPPF goes on to state that substantial weight should be given to any harm to the Green Belt. ‘Very Special Circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.

7.11 The erection of new buildings is considered to be inappropriate development. However, paragraph 145 of the NPPF contains a list of the types of buildings which are classified as exceptions to inappropriate development, and thus acceptable in principle. One such exception contained at paragraph 145 is:

“the provision of appropriate facilities (in connection with existing use of land or a change of use) for outdoor sport, outdoor recreation, cemeteries and burial grounds and allotments, as long as the facilities preserve the openness of the Green Belt and do not conflict with the purposes of including land within it.”

7.12 Paragraph 146 lists certain other forms of development which are not inappropriate which include engineering operations, provided that they preserve openness and do not conflict with the purposes of including land within the Green Belt. The proposed development relates to an existing sports playing pitch facility and encompasses various upgrade and improvement works to further facilitate outdoor sport and recreation, thereby supporting the aims and objectives of LP Policies CF4 and CF5 and in accordance with LP Policy EQ3.

7.13 However, although the proposals relate to open sport and recreational facilities and engineering operations thereby satisfying the first part of the exceptions at paragraphs 145 and 146 above, the large amount of physical development within the development – most notably the Clubhouse, large car parking area, and floodlighting – would result in development which fails to preserve the openness of the Green Belt and as such, the application comprises an inappropriate form of development within the context of national Green Belt Policy.

7.14 The application can only therefore be found to be an acceptable form of development in the Green Belt if sufficient very special circumstances can be provided which clearly outweigh the substantial harm to the Green Belt by reason of inappropriateness. An assessment of the very special circumstances is undertaken within the ‘Planning Balance and Conclusions’ section of the report.

7.15 Due to the nature of the proposal, Sport England are a statutory consultee for this application. In addition to the above local and

9

national policy context, the principle of development can only be deemed acceptable should Sport England endorse the scheme. Comments received from Sport England have confirmed that the principle of development is supported subject to detailed information regarding the use and long term viability of the site being provided.

Key Material Considerations

Landscape and Visual Impacts Design Public and Residential Amenity Ecology Flood Risk and Drainage Access, Parking Provision and Highway Safety

Landscape and Visual Impacts

7.16 LP Policy EQ3 supports development associated with recreational and open space use in accessible and least environmentally sensitive locations.

7.17 LP Policy EQ2 requires that development has particular regard to maintaining the aesthetic and biodiversity qualities of natural and man-made features within the landscape. Proposals should be sympathetic to and where possible enhance the character and appearance of the rural landscape, including the Peak National Park.

7.18 The site is currently in use as a sports playing pitch and has a relatively open character, with boundaries defined by mature hedgerows, particularly along the eastern boundary.

7.19 As recognised by the Trees and Landscape Officer, the proposed parking provision, road and clubhouse building would introduce a number of man-made features on the site (internal roads and car parking, clubhouse building, and floodlighting) and thus as there would be a degree of change to the local landscape.

7.20 The landscape and visual impacts of the scheme, including any potential impacts upon the Peak District National Park (PDNP), have been assessed within the supporting Landscape and Visual Impact Assessment (LVIA), carried out using a methodology suggested by the PDNP during a pre-application consultation as set out in Appendix 2 of the report.

7.21 The site is located within both Dark Peak Settled Valley Pastures and the Dark Peak Western Fringe: Valley Pastures within Industry, as defined within the Landscape Character Assessment SPD. Both areas are considered to be of a medium value, with positive elements including being on the fringe of the PDNP, but also with some

10

detracting elements that reduce their value, such as the mast at Castlehill and various quarrying works within these areas.

7.22 The LVIA has found that these two character areas would have a low sensitivity to the proposed development, both during construction and operation. The report goes on to assess the potential impacts on the PDNP which lies approximately 400m to the east at its closest point.

7.23 Table 7 of the report sets out the 8 x viewpoints that were used to assess the impacts of views from within the PDNP and closer sensitive receptor points (e.g. residential properties and public rights of way). All photographs from these viewpoints can be seen at Appendix 3 of the LVIA.

7.24 Views from the public footpaths at Cat Wood, Swineshaw Reservoir and on the high ground at Peak Naze are the two viewpoints that were considered to provide a useful baseline by the PDNP planning authority for assessing views from within the Park as they are on higher grounds are therefore most sensitive. Following an assessment of the impacts from these two viewpoints, the LVIA has concluded that the impact upon the PDNP from them, and from the wider PDNP area would be negligible.

7.25 Turning to visual impacts from other receptor points, a number of local residents and members of the public have raised concerns relating to visual and amenity impacts which would be experienced from properties to the south. Viewpoint 2 is designed to be a representative photograph of this area and has assessed the operational visual impacts as being minor adverse. It is therefore acknowledged that the development would result in moderate visual impact within the immediate vicinity.

7.26 The Trees and Landscape Officer has confirmed that there are no objections in principle to the development. However the proposed development would benefit from a greater level of soft landscaping screening on the southern boundary.

7.27 In light of the detailed analysis carried out within the LVIA and the comments from the Trees/Landscape Officer, it is considered that there would be some moderate localised landscape and visual impacts caused by the introduction of man-made features and therefore the application would conflict with Local Plan Policies EQ2 and EQ3. Whether this harm is significant and thus outweighs the benefits of the proposal taken as a whole is a matter for the overall planning balance.

Design

7.28 LP Policies S1 and EQ6 set out the design principles of the Borough and require that all new development is well designed to respect and

11

contribute positively to the character, identity and context of the High Peaks townscapes in terms of scale, height, density and layout

7.29 Paragraph 127 states amongst other things that decisions should ensure that developments will add to the overall quality of the area; are visually attractive as a result of good architecture; and are sympathetic to the surrounding built environment.

7.30 The proposed re-development of the site consists of 3 x football pitches, surrounded by 4.5m high ball stopping open mesh fencing; new access serving the site and 104 x parking spaces; and a total of 8 x flood lighting columns 15m in height located around the main pitch to the north of the clubhouse.

7.31 The clubhouse is shown on the proposed plans to sit centrally within the plot. It has a rectangular form spanning a width of 13.5m and length of 32.4m and is single storey. The Elevation Plans for the clubhouse building shows the external walls to be constructed in a mixture of coursed reconstituted stone and red brick, with a profiled metal dark grey colour roof contained a small number of velux roof lights, with windows and doors finished in a standard UPVC. Given the predominant nature of the materials pallet in the High Peak it is considered that a buff brick may be more appropriate but that this could be addressed by condition.

7.32 The layout of the proposed scheme is considered to be appropriate with regards to maximising the space and overall functionality of the site. The clubhouse is considered to be of a scale, layout, height, massing and visual appearance which is appropriate to serve its necessary function and is not unduly prominent within the site or from the wider area.

7.33 For reasons set out within the Amenity section of this report (see below) it is considered that the proposal would benefit from a greater amount of soft landscaping on its southern and south western boundary, consistent with comments provided by the Landscape Officer.

7.34 Overall, it is considered that the proposed scheme is of a high quality design which delivers an important strategic recreational facility whilst respecting the character and appearance of the immediate and wider areas, in accordance with LP Policies S1 and EQ6 and paragraphs 127 of the NPPF.

Public and Residential Amenity

7.35 LP Policy EQ6 requires all new development to have a satisfactory relationship with existing land and buildings and protects the amenity of the area, which includes residential amenity of neighbouring properties. Aspects of residential amenity include impacts such as a loss of

12

sunlight, overshadowing and overbearing impacts, loss of outlook, and loss of privacy.

7.36 LP Policy EQ10 states that the Council will protect people and the environment from unsafe, unhealthy and polluted environments by ensuring development avoid potential adverse effects by imposing planning conditions that mitigate and strictly control issues such as noise, light intrusion

7.37 Paragraph 127 of the NPPF states that planning should create places with a high standard of amenity for all existing and future users.

7.38 Paragraph 180 of the NPPF highlights that planning decisions should

ensure that new development is appropriate for its location through mitigating and reducing noise impacts, and limiting light pollution from artificial light on local amenity.

7.39 Concerns have been raised from occupiers of neighbouring residential properties in relation to the potential impacts of the scheme on their amenity, which includes aspects such as noise and light pollution, in addition to visual impacts which are discussed in the Landscape and Visual Impacts section above.

7.40 The application has been supported by a suite of detailed technical information relating to the 8 x proposed floodlights which would surround the main pitch and car parking areas. All information submitted with the application has been reviewed by the Council’s Environmental Health Officer who has no objections to the proposed development, subject to suitable conditions which restricts the hours of operation of the floodlighting and the club house.

7.41 To mitigate any adverse impacts to public and neighbouring residential amenity in relation to light pollution, Environmental Health have recommended a condition that restricts the floodlights between the hours of 21:10 and 07:00 on any given day. An application at Buxton Football Club for development which included replacement floodlighting and the installation of a replacement artificial pitch at Buxton Football Club (HPK/2016/0670), and a subsequent application to vary the condition relating to the hours of operation relating to the floodlighting (HPK/2018/0496) were approved by Committee, and allowed the floodlighting to operate between 07:00 and 22:00 Monday – Friday and Sundays, and 07:00 – 20:00 on Saturdays.

7.42 It is considered however that due to the more rural nature of the site (as opposed to being in a town centre which has a greater amount of light pollution) and proximity of a larger number of neighbouring properties, the condition recommended by Environmental Health is appropriate in this case.

13

7.43 In order to preserve the residential amenity of neighbouring properties with regards to noise levels, the Environmental Health Officer has recommended a condition restricting the use of the clubhouse to the following times:

o 11:00 – 23:00 Monday – Thursdayo 11:00 – Midnight Friday and Saturdayso 11:00 – 22:00 Sundays

7.44 Section 19 of the Application Form confirms that the proposed hours of operation are 09:00 until 21:00 on all days. The application does not differentiate between the hours of operation associated with the playing pitches and the use of the clubhouse. The Planning Statement highlights the potential social and economic benefits that the club are keen to explore options from hosting other community groups and functions, and the social and economic benefits that are likely to follow.

7.45 Given the large nature of the site and that based on 104 x car parking spaces, the maximum capacity of the clubhouse is likely to be in the region of approximately 200-250 people. Based on the use of the playing pitches ceasing at 21:00 on any day, it is considered reasonable that the clubhouse should remain open until 22:00 to allow players to change and vacant the premises.

7.46 Whilst it is considered that the recommended opening times on Fridays, Saturdays and Sundays are reasonable, planning officers disagree with the Environmental Health Officer’s recommendation in relation to Mondays-Thursdays, and opening times, given that the pitches will be in use from 09:00. It is therefore recommended that this condition be revised to restrict the use of the clubhouse from 08:00 – 22:00 Monday – Thursday; 08:00 – Midnight on Fridays and Saturdays; and 08:00 – 22:00 on Sundays.

7.47 The existing public right of way that crosses the south eastern part of the site from Cemetery Road to the southern boundary is shown on the Proposed Site Plan to be diverted, by entering the site further south on Cemetery Road and heading in a straighter line along the southern boundary. The Peak and Northern Footpaths Society have no objections to this application subject to the footpath being kept open at all times during construction. If this application is approved, the diversion of the footpath will require consent under separate legislation.

7.48 Subject to the above restrictions, it is considered that the application would not result in any adverse harm to the public amenity or residential amenity of neighbouring properties, in line with LP Policies EQ6 and EQ10 and paragraphs 127 and 180 of the NPPF.

Ecology

14

7.49 LP Policy EQ5 refers to Biodiversity and requires all new developments to conserve and enhance any statutory designation and ensure that appropriate mitigation measures are implemented to ensure that any protected species and habitats are protected. Chapter 15 of the NPPF provides the national policy framework for conserving and enhancing the natural environment.

7.50 The site lies within a rural location in the open countryside although it is not covered by any statutory ecological designation. The applicant has submitted an Ecological Impact Report and Bat Activity Report which has been reviewed by Derbyshire Wildlife Trust.

7.51 Derbyshire Wildlife Trust have confirmed that in light of the results of these surveys there are no objections subject to appropriate conditions to ensure that the application results in a nett gain to biodiversity. It is therefore considered that subject to these conditions, the application complies with LP Policy EQ5 and relevant policies within Chapter 15 of the NPPF.

Flood Risk and Drainage

7.52 LP Policy EQ11 requires that all new development proposals do not result in any unacceptable increase in flood risk either on site or in the wider locale. Chapter 14 of the NPPF provides the national policy context for flooding.

7.53 Whilst the site is not located in an area at risk of flooding, as shown on the Environment Agency Flood Map, the applicant has submitted a Flood Risk Assessment (FRA) at the request of the Lead Local Flooding Authority (LLFA).

7.54 Following a review of the FRA, the LLFA sought further clarification relating to the proposed drainage strategy with regards to the use of third party land and the storage and proposed location for attenuation. The land in question is to the south of the site and is owned by HPBC. In order to facilitate the proposed drainage strategy, civil matters will have to be agreed between the applicant and HPBC.

7.55 Notwithstanding the above, the applicant has identified a location within the site for attenuation as shown on the submitted Attenuation Plan (SK03-44468). This has been reviewed by the LLFA who are satisfied that subject to appropriate conditions, this drainage strategy can be implemented at a technical level, subject to civil matters with the owners of the land (HPBC) being resolved.

7.56 Therefore subject to appropriate conditions, it is considered that the application would not give rise to any adverse impacts relating to Flood Risk or Drainage, either on site or elsewhere within the vicinity, in line with LP Policy EQ11 and Chapter 14 of the NPPF.

15

Access, Parking Provision and Highway Safety

7.57 LP Policy CF6 seeks to ensure that development can be safely accessed in a sustainable manner. The policy requires new development can be integrated within existing or proposed infrastructure, does not lead to an increase in on street parking to the detriment of the free and safe flow of traffic, and provides details of proposed parking provision based on an assessment of parking need and the impact on the surrounding road network.

7.58 Paragraph 108 of the NPPF states that in assessing applications for development, it should be ensured that safe and suitable access to the site can be achieved for all users. Paragraph 109 goes on to state that development should only be prevented or refused on highway grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe.

7.59 A number of local objectors have raised concerns relating to an

increase in the volume of traffic, the location of the proposed access on to Cemetery Road, the provision of car parking, and subsequent impacts on highway safety.

7.60 Initial comments received by the Highway Authority required a minor change to the parking layout to show parking spaces with appropriate dimensions. An updated Car Parking Layout Plan was submitted showing each space to be 2.4m x 5.0m has been submitted which was confirmed as being acceptable in an email dated 4th September 2019. It should be noted that the detailed response received on 5th September refers to spaces of 2.4m x 5,5m. However this is a typographical error.

7.61 The Highways comments confirm that the relocated access can achieve appropriate exit visibility in both directions on to Cemetery Road with the access considered to be a suitable width and layout to accommodate two way vehicle movements. The existing access would be required to be closed with the vehicle crossing being reinstated as a pedestrian pavement. Subject to appropriate conditions the Highways Authority have no objections to this application.

7.62 Appendix 1 of the Local Plan contains the adopted parking standards for the Borough. Outdoor sports grounds require a minimum of 15 x spaces per pitch and 1 secure cycle parking stand for every 10 car parking spaces. The application proposes a mixed use scheme which includes a new clubhouse facility, and as such further parking space will be required to accommodate other users of the site, including staff, parents of children using the facility.

7.63 The site incorporates 43 x parking spaces with a further 61 x parking spaces contained in an overspill car park (a total of 104 x spaces) within close proximity to the proposed Clubhouse. At full capacity, the

16

pitches would accommodate 44 x adult players on both full size pitches (22 x on each made up of two teams of 11), and a further 18 x junior players on the other. Allowing for visitors and staff associated with the clubhouse kitchen, it is considered that the level of car parking provision is appropriate for its intended use.

7.64 In light of the above, it is considered that the application can be safely accessed in a sustainable manner, would provide an adequate level of off-street parking, and would not result in any harm to highway safety, in accordance with LP Policy CF6 and paragraph 108 of the NPPF.

Other Matters

7.65 Objections have been raised which relate to a rise in anti-social behaviour and concerns surrounding child welfare and safety. The planning system cannot control or prevent anti-social behaviour and individual cases would be a matter for the Police. Separate legislation and laws are in place to protect child welfare.

7.66 All other material considerations raised by objectors have been addressed within the relevant sections of this report.

Planning balance & Conclusion

7.67 LP Policy S1a reflects the presumption in favour of sustainable development set out within paragraph 11 of the NPPF. For decision taking this means approving development proposals that accord with an up-to-date development without delay; or where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting planning permission, unless:

- the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or

- any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.

7.68 The application site lies within the Green Belt. It has been judged that due to the amount of physical development and hard standing associated with the proposed development, there would be a clear impact on the openness of the Green Belt and therefore the application fails to comply with the exceptions within paragraph 145 & 146 of the NPPF that allows for development associated with sport or outdoor recreation.

7.69 As such, the application constitutes an inappropriate form of development in the Green Belt by definition, and therefore to be an

17

acceptable form of development in the Green Belt, the application needs to demonstrate ‘Very Special Circumstances’ which clearly outweighs the harm to the Green Belt.

7.70 The Planning Statement sets out the Social, Economic and Environmental Benefits of the scheme. The benefits of the scheme as submitted by the applicant are presented below:

Social Benefits

The application fully supports the aims and objectives of Local Plan Policies CF4 and CF5 which states that the Council will seek to protect, maintain and where possible enhance existing open spaces, sport and recreational buildings and land including playing fields in order to ensure their continued contribution to the health and well being of local communities. In particular, proposals for the improvements to existing recreation, play and sports facilities informed by the Open Space, Sport and Recreation Study 2012 and successor documents, are encouraged.

The facility will allow the expansion of Glossop North End Juniors AFC and will inevitably lead to an increase in the number of teams, and thus an increase in the number of local children involved in the club, which is important when taking into account that the High Peak Borough is the fifth most inactive of Derbyshire’s eight Boroughs (Sport England Active Lives Survey data, 2017).

The application would allow the current inadequately sized facilities which are not fit for purpose on site to be demolished to be replaced with a modern functional building with state of the art facilities, which will allow the club to accommodate more matches and events operating in all adverse weather conditions.

The new facility will allow the club to expand its provisions and offers to other parts of the community with the ultimate aim of offering football sessions for disabled people, together with walking football and offering the use of the pitches to local schools.

At present there are 129 football teams within a 5 mile radius with only one full size pitch with a 3G Artificial Grass Pitch available. The application would therefore provide an important and positive contribution to this under provision of sports pitches.

The expansion and improvement of facilities on the site should be viewed positively from a health perspective. Research shows that physical activity can boost self-esteem, mood, sleep quality and energy, as well as reducing the risk of stress and depression. The provision of football pitches and sports facilities should be welcomed when taking into account the concerning rise in the levels of child obesity in the UK as noted by the World Health Organisation.

18

The provision of this new improved sports facility would also impact positively on the mental health of users, with the mental health benefits of football being recognised by the Mental Health Foundation; providing opportunities to escape from the stresses and strains in life for a period of time.

Economic Benefits

Glossop North End Juniors AFC are a voluntary run club who do not operate in the interests of profit. However, the provision of improved facilities including the 3G pitch is likely to have a very beneficial impact on the financial position of the club, as it would give the club the opportunity to maximise the use of facilities to increase the club’s income generation ability. This in turn would allow the club to be more self-sustainable in the short, medium and long term.

As a result of the improved facilities and increase in use, there is likely to be a subsequent generation of new volunteering and staff roles required to assist the new provisions that will be created.

If the proposals put forward within this application were not to come forward, there is a possibility that the club could cease to operate if it does not become self-sustaining. This would lead to the total loss of a community asset which would be detrimental to the lives of members of the community who are actively involved in the club

Environmental Benefits

The design of the scheme has been influenced by the LVIA and Ecological Impact Assessment which ensures that there are no adverse impacts to the environment. These reports contain recommended mitigation and enhancement measures.

7.71 Following clarification on aspects of the scheme relating primarily to the use of the site, provided in the form of a Community Toolkit, Sport England have confirmed that the application can be supported subject to conditions.

7.72 The Open Space Strategy (2012) has been superseded by the more recent High Peak Playing Pitch Strategy (2017) and High Peak Local Football Facility Plan. The application addresses the needs identified within these documents for one full sized 3G pitch in the Glossopdale area and a general shortfall in pitches.

7.73 A number of the benefits set out within the accompanying Planning Statement are considered to be generic benefits for new sporting developments and as such could not realistically constitute ‘very special circumstances’ in their own right. However, within these perceived benefits, there are considered to be benefits that when

19

considered in their own right and cumulatively, constitute the ‘very special circumstances’ which are required in order for the application to comply with relevant Green Belt policy.

7.74 There is a clear identified need for an artificial sports pitch in the Glossopdale sub-area and an identified shortfall for playing pitches in general. Given the topography of the Glossop area, there is a lack of suitable sites within the urban areas and outside of the Green Belt to facilitate this requirement. As such, it is considered that when considering the existing use of the site and the needs for the Borough contained within these evidence based documents, this constitutes a ‘very special circumstance’ that outweighs the substantial harm to the Green Belt by reason of inappropriateness.

7.75 Further to the above, the strategic nature and importance of this site within the context of nearby housing development and the Council’s regeneration and economic strategy, together with the social and economic benefits that would arise from the inception and wider participation of sport and recreation, is considered to constitute ‘very special circumstances’ when considered alongside the need for such a facility as outlined above.

7.76 The application is therefore compliant with LP Policy EQ4 and relevant Green Belt policies within Chapter 13 of the NPPF, and thus represents a sustainable form of development in the Green Belt.

7.77 Whilst there would be some moderate landscape and visual impacts at a localised level as a result of the proposed scheme, in conflict with LP Policies EQ2 and EQ3, these impacts are not considered to significantly or demonstrably outweigh the substantial benefits of this development.

7.78 Subject to appropriate conditions, there are no other adverse impacts which would significantly or demonstrably outweigh the benefits of this scheme, and as such, the application is considered on balance to constitute a sustainable form of development.

7.79 In line with LP Policy S1a and paragraph 11 of the NPPF. the application is recommended for approval subject to appropriate conditions.

8. RECOMMENDATIONS

A. APPROVE subject to Conditions

1. Time Limit 3 Years

2. Approved Plans

20

3. Samples of materials to be used in construction of clubhouse submitted to and agreed in writing by LPA. Carried out in accordance with approved details.

4. No development shall commence until Drainage Strategy submitted to and agreed in writing by the LPA. Carried out in accordance with approved details.

5. Artificial Pitch to be constructed in accordance with detail submitted

6. No development shall commence until Community Use Agreement prepared in consultation with Sport England has been submitted to and agreed in writing by LPA. Carried out in accordance with approved details.

7. No development shall commence until detailed specification of natural turf remodelling has been prepared in consultation with Sport England submitted to and agreed in writing by the LPA. Carried out in accordance with approved details.

8. Floodlighting shall operate in accordance with relevant legislation

9. Use of floodlights restricted to 07:00 – 21:10 every day

10. Use of clubhouse limited to 08:00 – 22:00 Sunday – Thursday and 08:00 – Midnight Fridays and Saturdays

11. Fencing and rebound panels surrounding pitch shall include anti-rattle clips or spacers between mesh and post to reduced noise from ball striking

12. No development shall commence until Soft Landscaping scheme to include greater level of natural screening on southern and south western boundary has been submitted to and agreed in writing by LPA. Carried out in accordance with approved details

13. No development to commence until Ecological Enhancement and Mitigation Scheme has been submitted to and agreed in writing by LPA. Carried out in accordance with approved details

14 – 21 Recommended Highways Conditions

B. In the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informative/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Head of Development Services has delegated authority to do so in consultation with the Chairman of the Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.

21

This recommendation is made following careful consideration of all the issues raised through the application process and thorough discussion with the applicants. In accordance with Paragraph 187 of the NPPF the Case Officer has sought solutions where possible to secure a development that improves the economic, social and environmental conditions of the area.

Site plan


4th November 2019

Application No:

HPK/2019/0343

Location 68 Grange Park Avenue, Chapel En Le Frith Proposal Demolition of existing timber building and replacement with 2

storey extension to existing dwellingApplicant Mr Richard FayAgent Mr Roderick McKayParish/ward Chapel West Ward Date registered 22/07/2019If you have a question about this report please contact: Mark Ollerenshaw, Tel. 01538 395400 extension 4921, [email protected]


APPROVE with conditions

1. REASON FOR COMMITTEE DETERMINATION

1.1 This application has been brought before the Development Control Committee at the request of Cllr Sizeland and Cllr Young to consider access and parking issues and whether the proposal would be overdevelopment.


2.1 This application relates to a semi-detached two storey property and associated gardens and driveway. The property occupies a corner plot on Grange Park Avenue within a residential area and the built up area boundary of Chapel En Le Frith.


3.1 This application seeks permission for a two storey side extension which will replace an existing shed to the side of the property. The proposed extension will provide a kitchen to the ground floor with a new bedroom and bathroom at first floor. Materials used in construction of the extension would comprise Ibstock “Brown Blend” brick and roof tiles to match the existing building.

3.2 The submitted plans indicate the position of an existing willow tree to the side of the property. The applicant advises that the survival of this tree would be prejudiced during construction of the extension and the applicant proposes to provide replacement planting.

Agenda Item 8

3.3 A parking plan has been submitted which indicates space on the driveway to the rear for the parking of vehicles.

3.4 A revised location plan has also been received. The application site edged red has been revised to include the driveway area to the rear of the property.

3.5 The application, the details attached to it including the plans and the responses of the consultees can be found on the Council’s website at:



HPK/2006/0678 – Detached wooden garden shed at side – Approved 26/10/2006.



High Peak local Plan 2016

S1 Sustainable Development PrinciplesS1a Presumption in Favour of Sustainable DevelopmentS2 Settlement HierarchyS6 Central Sub Area Strategy EQ6 Design and Place MakingCF6 Accessibility and Transport

Chapel-en-le-Frith Neighbourhood Development Plan

H3 – Design CriteriaTR1 – Information Required to Support Planning Applications


Paragraph 2 – 14Chapter 9 Promoting sustainable transportChapter 12 Achieving well-designed places

Supplementary Planning Documents

High Peak Design Guide 2018Residential Design SPD 2 Adopted December 2005






Site notice Expiry date for comments: 29/08/2019Neighbour letters Expiry date for comments in relation to revised

plan: 31/10/2019Press Notice N/A

Neighbours

6.1 Three neighbouring residents have submitted objections. Details can be read on file. A summary of the issues raised is provided below:

The scale, bulk and massing of the proposal is not in keeping with the scale of surrounding properties.

The proposal, by wrapping itself around the turning head, could detrimentally add to the sense of enclosure of the adjoining cul de sac.

No benefit in seeking to balance the two properties (Nos 68 and 70).

The development should be placed at the rear. How is the applicant going to obtain matching bricks and these are

no longer available? The development will be even more out of context.

Quality, accuracy and acceptability/buildability of the drawings is queried – Drawing 5 shows side wall of the new kitchen is formed by the existing staircase with nothing supporting the upper part of the gable wall above.

The existing shed was granted retrospectively with the proviso that the tree, which it is now proposed to remove, was to be retained.

The property is located on an open plan estate and the estate has retained its impression of spaciousness, privacy and reasonable density.

The property’s existing off highway parking facilities appear to be on land outside the application red line boundary and therefore out of the applicant’s control. It is therefore assumed that the Highways comment will be taken as an objection.

The applicant’s household already has the need to park 2 cars, a horse box and a works van.

The Highways recommendation that 3 spaces are adequate are below what is needed for the current development without the extended development. Parking is often at a premium and parking in the turning head make it difficult or impossible to manoeuvre and reverse onto neighbouring driveways.

The applicant should not be allowed to secure the turnaround point in the cul-de-sac.

Parking partially on the pavement and highway will make egress difficult from neighbouring property.

Confusion and shortage of parking is due to the previous owner fencing off his original drive.

Highway consultation response is confusing.

Highway should be asked to define the extent of the highway in relation to No. 68 / it would be unusual for the adopted highway to stop immediately at the rear of the kerbstones.

Drainage concerns / Assurance required that the rainwater will be adequately drained.

It would be inappropriate to plant as implied in the application a replacement tree closer to the highway as this may put neighbouring properties at risk of flooding.

Public footpaths which led to Rowton Grange Road disappeared during later housing developments.

Lack of consultation with residents on parking plan. Parking plan lies outside the application site and is legally

irrelevant. The applicant has no right to cut back a hedge which does not

adjoin his property. Covenants restrict any fencing and require open plan estate to be

maintained. These have been abused.

Consultee Comment Officer response

Chapel En Le Frith Parish Council

The Committee object due to the proposal being an over development of the site and the issues with the number of parking spaces available. The Committee request HPBC Planning Department perform a site visit and the application be taken to the Development Control meeting.

Paras 7.9 and 7.15-7.20

Arboricultural Officer

The willow tree would be severely affected by the proposals and as such it would not be possible for this tree to be successfully retained. The Design and access statement sets out that the tree has previously caused issues with drains and has been heavily pruned in the past. I therefore do not consider that this tree warrants a TPO and its retention should not prevent the proposed extension. However it is essential that his tree is replaced on a 2:1 basis in accordance with the local plan policy.

Paras 7.21 - 7.22

DCC Highways No objections subject to applicant demonstrating and maintaining 3 no. off street parking spaces of 2.4m x 5.5m minimum dimension clear of any obstruction to their designated use.

Highways subsequently confirmed that the submitted plan demonstrates that land beyond the back edging of the footway is outside of the adopted highway. Therefore, there are no objections in use of the area beyond for the purpose of off-street parking provision.

Paras 7.15 – 7.20

7. POLICY AND PLANNING BALANCE

Planning Policies


7.2 Section 38(6) requires the local planning authority to determine planning applications in accordance with the development plan, unless there are material circumstances which 'indicate otherwise'. Section 70(2) provides that in determining applications the local planning authority "shall have regard to the provisions of the Development Plan, so far as material to the application and to any other material considerations." The Development Plan currently consists of the High Peak Local Plan Policies Adopted April 2016 and the Chapel Neighbourhood Development Plan.

7.3 Other material considerations include the National Planning Policy Framework (NPPF) and National Planning Policy Guidance (NPPG). Paragraph 11 of the National Planning Policy Framework (NPPF) promotes a‘presumption in favour of sustainable development’. For decision takers this means (c) approving development proposals that accord with an up-to-date development plan without delay; or (d) where there are no relevant development plan policies, or the policies which are more important for determining the application are out-of-date, granting permission unless:

i. the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or

ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.

7.4 Paragraph 8 of the NPPF identifies three dimensions to sustainable development as being economic, social and environmental.

7.5 The presumption in favour of sustainable development is reflected in Local Plan policy S1, where it states that the Council expects all new development to make a positive contribution towards the sustainability of communities and to protecting, and where possible enhancing the environment. Policy S1a sets out how the Council will work with applicants to secure development that improves the economic, social and environmental conditions of the area.

Principle of Development

7.6 The application site lies within the development boundary whereby the principle of extending a dwelling is acceptable, subject in this case to matters relating to design, amenity, parking and trees which are discussed in detail below.

Design – Impact on the street-scene & character and appearance of the area

7.7 Section 12 of the NPPF aims to ensure that developments function well and add to the overall quality of the area and are visually attractive. Local plan policy EQ6 requires that all new development should be well designed and be of a high quality that responds positively to the environment. The High Peak Design Guide requires extensions to respect the dominance of the original building and be subordinate in terms of size and massing.

7.8 The proposed extension projects 4.6m from the side wall of the existing building and is large in relation to the size of the host property. The High Peak Design Guide advises that:

“extensions should respect the dominance of the original building and be subordinate to it in terms of size and massing. Setting back the new section from the building line and keeping the eaves and ridge lower than the parent building will normally help”.

Whilst an extension of the scale proposed would not usually be acceptable, in this particular case the design of the proposal reflects the appearance of the other half of the semi-detached pair, No. 70 Grange Park Avenue. The applicant considers that, when viewed on the approach from the south east the building formed by the combination of Nos. 68 and 70, together with the proposed extension, might be considered to be more balanced. The neighbouring property and its roof are set at a right angle to the application property and the proposed extension will mirror this relationship, with the ridge at right angles to the existing ridge of the property. The extension will be set

back slightly from the front elevation of the property which will also reflects the relationship with the attached neighbouring property. The set back from both the front and rear elevations will reduce the dominance of the extension and ensure that it reads as an extension. The eaves and ridge line of the extension will line through with the existing eaves and ridge and will not be lower, but this again reflects the appearance of the neighbouring property. For these reasons, the scale and massing of the proposed extension are considered appropriate. The extension window proportions reflect the existing dwelling. Materials used in construction will match the existing and this can be secured by means of a condition. Whilst a neighbour has raised a concern that the proposed bricks may no longer be available, it is considered that a suitably matching brick can be sourced to ensure that the development assimilates well with the host property.

7.9 The property occupies a prominent position on a corner plot. Given that the scale and design of the proposal have been found acceptable it is not considered that it will detrimentally affect the street scene. The extension will broadly occupy the footprint of the existing shed and will maintain a slight gap to the side boundary and it will not appear cramped when viewed in the context of surrounding dwellings. The front and rear gardens are unaffected by the proposal and the property will continue to have ample outdoor amenity space. The proposal will not therefore result in overdevelopment of the site

7.10 As such this application is considered to accord with the Local Plan policy EQ6 and section 12 of the NPPF in this regard.

Amenity

7.11 Paragraph 127 f) of the NPPF seeks to secure a high standard of amenity for all existing and future occupants. Local Plan Policy EQ6 requires development to achieve a satisfactory relationship to adjacent development and to not cause unacceptable effects by reason of visual intrusion, overlooking, shadowing, overbearing effect, noise, light pollution or other adverse impacts on local character and amenity.

7.12 The proposal, due to its position on the side elevation, would not affect the attached neighbouring property, No. 70. The nearest properties to the side of the proposed extension (Nos. 56, 58 and 60) will be approx. 17 metres away from the side wall of the extension, which is considered an adequate separation distance to protect these neighbours from loss of light and overbearing impact. Neighbouring properties towards the front and rear of the property are not directly facing and are further away and their amenities would not be significantly affected.

7.13 The extension includes a kitchen window to the side elevation. The kitchen is also served by windows to the front and rear elevation of the extension. It is therefore considered reasonable to require that the side window be fitted with obscure glass to prevent any overlooking of neighbouring properties.

7.14 The proposal is therefore considered to be acceptable and will not have any undue harm on the amenity of neighbouring properties. The proposal is in accordance with the provisions of local plan policy EQ6 and paragraph 127 f) of the National Planning Policy Framework.

Parking and Access

7.15 Paragraph 102 of the NPPF states that patterns of movement, streets, parking and other transport considerations are integral to the design of schemes and contribute to making high quality places. Policy CF6 seeks to provide safe and sustainable access and ensure that development does not lead to an increase in on street parking.

7.16 The Highway Authority raise no objection to the proposed development, subject to the applicant demonstrating and maintaining 3 no. off road parking spaces of 2.4m by 5.5m minimum dimension clear of any obstruction to their designated use.

7.17 The applicant has submitted a parking plan which indicates space on the driveway at the rear of the property for the parking of at least 2 vehicles. It is clear that the driveway at the back of the footway has been used for parking in association with this property for several years and it is included within the deed plan for the property. The Highway Authority has confirmed that the land beyond the back edging of the footway is outside the adopted highway and therefore raises no objections to the use of this area for the purpose of off street parking. As noted by one of the neighbours, this area of land was originally shown to be outside the application site edged red, however, following the clarification from Highways that this area of land does not form part of the adopted highway, a revised location plan has been submitted to include the driveway within the application site boundary.

7.18 Whilst the Highway Authority has requested 3 off road parking spaces, the Parking Guidance for High Peak at Appendix 1 of the adopted Local Plan indicates that 2 parking spaces are required for a three bedroom dwelling. The existing property is a three bedroom unit. Following construction of the proposed extension the property will continue to be a three bedroom unit with a first floor study. The number of bedrooms does not increase and the 2 parking spaces that are already available on the driveway are considered sufficient to meet the needs of the extended property. As noted the proposed floor plans include a study, however, this appears to be too small to accommodate an adult sized single bed and the applicant has confirmed that it is not their intention for this to become a four bedroom house. It is therefore considered that the proposals meet the Parking Guidance standards set out in the Local Plan and will not have a significant impact on parking and highway safety in the area.

7.19 The neighbours have raised concerns that parking occasionally takes place within the turning head adjacent to the site and that parking within this area and on the pavement results in parking and manoeuvring difficulties for the neighbours. Parking within the turning head is a matter that would be

controlled under other legislation and cannot be taken into account in determining this application.

7.20 Therefore, taking the above into account, it is concluded that there would be no adverse, or ‘severe’, impact on the local road network and the proposals thereby complies with the provisions of section 9 of the NPPF and Local Plan policy CF6.

Trees

7.21 Policy EQ9 seeks to ensure that existing trees, woodlands and hedges will be retained and integrated into development unless the need for and benefits of the development clearly outweigh their loss.

7.22 The existing mature willow tree to the side of the property would be severely affected by the proposals and would not be retained. The Council’s Arboricultural Officer does not consider that this tree warrants a tree preservation order and its retention should not prevent the proposed extension. In order to comply with Local Plan Policy EQ9 the tree should be replaced on a 2:1 basis and conditions are recommended requiring a planting scheme to be submitted and agreed and thereafter implemented.

Other matters

7.23 The neighbours have raised issues relating to covenants which require an open plan estate to be maintained and restrict fencing, however, these are not material planning considerations.

7.24 The neighbour letters also include comments on potential rainwater drainage problems and flooding. The site is within Flood Zone 1 which is the zone at the lowest risk of flooding. Matters relating to rainwater drainage can dealt with at the Building Regulations stage of the development.

Planning Balance & Conclusion

7.25 At the heart of the NPPF is a presumption in favour of sustainable development. In accordance with paragraph 11 of the NPPF, this means that local planning authorities should positively seek opportunities to meet the development needs of their area and approve development proposals that accord with an up-to-date development plan without delay.

7.26 The proposals are considered to be acceptable in terms of their appearance and design and will not be harmful to the amenity of neighbouring properties or highway safety. This application is considered to accord with the relevant policies contained in the High Peak Local Plan 2016, Chapel Neighbourhood Development Plan and the National Planning Policy Framework; accordingly it is recommended that planning permission be granted.

8. RECOMMENDATIONS

A. APPROVE, subject to the following conditions;

Condition number Brief description CommentTL01 Commencement of

development

AP01 Approved Plans

DE03 Matching materials

NSTD Landscaping / planting scheme to be submitted and agreed.

LA02 Landscaping to be carried out and maintained.

B. In the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Head of Development Services has delegated authority to do so in consultation with the Chairman of the Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.

This recommendation is made following careful consideration of all the issues raised through the application process and thorough discussion with the applicants. In accordance with Paragraph 38 of the NPPF the Case Officer has sought solutions where possible to secure a development that improves the economic, social and environmental conditions of the area.

Site plan



Application No:

HPK/2019/0221

Location Land Adjacent and to the rear of Nos 54 To 64, Buxton Road, Bridgemont, Derbyshire

Proposal Application for Variation or Removal of Condition 2 in regards to HPK/2017/0536

Applicant Mr Chris DraperPeaks And Plains Housing Trust

Agent Mr David WilcockBAND Architects

Parish/ward Whaley Bridge/Whaley Bridge

Date registered 20/05/2019

If you have a question about this report please contact: Faye Plant -Email [email protected]; Tel: 01538 395400 Ext: 4995; Mob: 077775695346 (Mon-Wed)

REFERRAL

This application has been brought before the Development Control Committee as it involves the variation of a planning condition imposed on a major development.


APPROVAL, subject to conditions


2.1 The site is located within Bridgemont, to the north of Whaley Bridge and to the south of Furness Vale. The site comprises a broadly rectangular piece of land measuring approx. 0.23 ha, located in between the A6 (Buxton Road), which lies to the east, and a railway line to the west. The southern end of the site extends behind an existing row of terraced properties comprising 54–64 Buxton Road (their frontages being onto Buxton Road). The site is accessed from ‘Bridgemont’, a road leading from the A5004 which serves the dwellings along this street, a nursery, playground and a small industrial estate west of the railway line. Part of this road is unadopted (including the section from where the access into the site is to be taken from). The land slopes gradually upwards in a north westerly direction, as such the site is in an elevated position above the A6. There are several trees within the site, mainly at the northern end and along the eastern boundary. The industrial site is approx. 60m to the west of

Agenda Item 9


the site and the playground is on the opposite of the proposed site access point. In terms of the Local Plan designations, the site is located within the Green Belt, Countryside and ‘settled valley pastures’ landscape character area.

2.2 Planning consent was granted ref HPK/2017/536 for five two bed houses and eight one bed apartments and conditions subsequently discharged.


3.1 The application seeks approval for the variation of condition 2, to amend the listed plans under consent HPK/2017/0536. The application is submitted by Peaks and Plains Housing Trust and will be 100% affordable housing. The development as originally approved comprised the erection of 5no 2 bed houses and 8no 1 bed apartments. The application now seeks to increase the number of bed spaces within the dwellings to 3 beds to better reflect the requirements of the housing trust. Other amendments to the scheme are detailed below;

1. Amendment of parking layout to consolidate parking areas to north and east of site and to front of dwellings,2. Amendment to the layout of the dwellings to incorporate part of the internal terrace to provide an additional bedroom. 3. Position bin storage area to site entrance within enclosed collection area,3. Enlargement of the ground floor flats to 51m2 (from 48m2) and amendment from communal space to private gardens at the rear,4. Amendment to the design of the rear retaining wall,5. Design changes to flats to remove timber cladding and glass balustrade and utilise Upvc for windows and doors rather than aluminium. 6. Design changes to dwellings to remove timber cladding, omit roof lights

3.2 The application is accompanied by a revised site plan, revised elevations and floor plans. The submitted details including the plans, and representations and responses from consultees - can be found on the Council’s website at:-



4.1 The following is a summary of the relevant planning application relating to the site.

HPK/2017/0536New build development of five two bed houses and eight one bed apartments at Bridgemont, Whaley Bridge for Peaks and Plains Housing Trust

Approved 26th March 2018.

DOC/2019/0042 Discharge of conditions 3, 4, 7, 8, 9, 10, Pending 2019


12, 13, 14, 15, 16, 17, 18, 19, 25, 32, 33, 34 relating to HPK/2017/0536


Adopted High Peak Local Plan 2016

S1 Sustainable Development PrinciplesS1a Presumption in Favour of Sustainable DevelopmentS2 Settlement HierarchyS3 Strategic Housing DevelopmentS6 Central Sub-area StrategyEQ1 Climate ChangeEQ2 Landscape CharacterEQ3 Rural DevelopmentEQ4 Green belt developmentEQ5 BiodiversityEQ6 Design and Place MakingEQ9 Trees, Woodlands and HedgerowsEQ10 Pollution Control and Unstable LandEQ11 Flood Risk ManagementH1 Location of Housing DevelopmentH2 Housing AllocationsH3 New Housing DevelopmentH4 Affordable HousingH5 Rural Exception SiteCF3 Local Infrastructure ProvisionCF4 Open Space, Sports and Recreation FacilitiesCF6 Accessibility and TransportCF7 Planning Obligations and Community Infrastructure Levy


Residential Design Landscape Character Housing Needs In The High Peak Planning Obligations


Introduction 2 Achieving sustainable development 4 Promoting sustainable transport 5 Delivering a sufficient supply of homes 8 Promoting healthy and safe communities

9 Promoting sustainable transport 12 Achieving well designed places 13 Protecting Green Belt land 15 Conserving and enhancing the natural environment

National Planning Practice Guidance

National Design Guide 2019

6. CONSULTATIONS

Site notice Expiry date for comments: 09.07.2019Press notice Expiry date for comments: 04.07.2019Neighbours Expiry date for comments: 27.06.2019

Neighbours

6.1 4 Letters of objection have been received and summarised as below;

There is an extrememly dangerous boundary wall 20ft high adjacent to 64 Bridgemont which supports the whole banking [adjacent to the site]

The access is a single track adjacent to a childrens play area and nursery and will bring HGVs and extra traffic onto this road,

Pedestrian access from the front of houses leads directly onto this single road, This is a lovely green space for wildlife and nesting birds would be lost, Parking is already in very high demand, The access from the site is very narrow and on a bend, The construction will be very noisy and dirty and will attract lots of vehicles which

will block the road, The proposal will increase disputes, parking chaos and noise, Lack of consideration of the working businesses and residential properties likely

to be affected, Bin store will affect sightlines, Loading or unloading outside the site boundary will block the road, There is no mention of the services which run to Ringstones Industrial Estate or

plans to avoid disruption

Consultee Comment Officer Response

Whaley Bridge Town Council

The Town Council believes it is vital that some form of agreenment is made for the maintenance of the unadopted road servicing as access to the site to protect the road from the entrance of Bridgemont up to the railway bridge.

7.21-7.24

DCC Highway Authority

From a highways viewpoint, it would appear that this generally relates to the revised private access road/ parking layout.

The proposed access geometry appears to be unchanged from that consented although it’s noted that a bin store is located on the western side in advance of the previously recommended 2.4m width visibility envelope across the entire site frontage. It’s suggested that the bin store is revised in order to maintain maximised exit visibility from the site access.

The private access road turning facility has been relocated to the south of that previously consented. As a consequence, several of the proposed dwelling units are now in excess of the recommended mancarry distance of 25m from such a facility. In addition, due to the limited space available, it’s likely that vehicles parked at the northern end of the site would be reversed over an appreciable distance to/ from the turning facility rather than undertake awkward manoeuvring in the vicinity of the apartments. The longer the reversing requirements, the less safe the access road is likely to be for the more vulnerable users.

The approved Proposed Site Diagram (drg. A/L/01/06 rev 1) provided for a 5.5m width carriageway for the full length of the private access road whereas that demonstrated on the Proposed Site Plan (A/L/01/05 rev8) forwarded to this office scales around 1.0m less than this to the north of the proposed turning head. The narrower carriageway is likely to make manoeuvring to/ from the townhouse parking spaces more awkward and it may prove difficult for two vehicles travelling in opposite directions to pass along this length when all parking spaces are utilised. The latter issue is somewhat allayed by the presence of intervisible widenings where vehicles may pass more easily.

7.21-7.24

Driveways for the townhouses are considered to be of insufficient length to accommodate 2no. vehicles parking in series and inadequate width between the property walls i.e. current recommendations are for spaces to be of 2.4m x 5.5m minimum dimension with an additional 0.5m width to any side adjacent to a physical barrier e.g. wall, fence, etc. The driveways demonstrated for the four southerly townhouses scale circa 2.4m x 9.0m. The parking for the most northerly townhouse would probably be better laid out in series by extending the driveway a little to the west although access between the corner of the dwelling and apartment block does look tight. That said, it’s noted that a similar arrangement was previously accepted.

Therefore, it’s recommended that exit visibility is maximised and considered that the previous private access road layout was preferable to that now proposed.

Notwithstanding, it’s assumed that you will ensure that the proposed level of off-street parking adequately meets the requirements of your own Authority’s parking standards and the latter issue (e.g. reduced width, relocation of turning facility, etc.) is unlikely to cause harm to safe operation of the public highway.

It’s assumed that all other highway related Conditions included within the previous Consent will remain unaltered.

Network Rail The boundary is adjacent to the toe of an embankment, it is noted that the proposal includes a 2m gap between one of the structures on site and the railway boundary the applicant will still need to enter into a Basic Asset Protection Agreement with Network Rail to facilitate the works on site as well as the following:(1) The developer is to submit directly to Network Rail, a Risk Assessment and Method Statement (RAMS) for all works to be undertaken within 10m of the operational railway under Construction (Design and Management) Regulations, and this is in addition to any planning consent. The applicant /developer should submit

7.33

the RAMs directly to [email protected](2) If not already in place, the developer will provide (at their own expense) a suitable trespass proof fence of at least 1.8m in height adjacent to Network Rail’s boundary to ensure that there is no unauthorised access onto the railway. Network Rail’s existing boundary treatment must not be removed or damaged in any way. Any fencing installed by the applicant must not prevent Network Rail from maintaining its own boundary treatment. The fencing and its foundations must be constructed and maintained wholly within the developer’s land ownership footprint without encroaching onto Network Rail land or over-sailing the railway boundary.(3) The developer/applicant must ensure that their proposal, both during construction and as a permanent arrangement, does not affect the safety, operation or integrity of the existing operational railway / Network Rail land.(4) Any scaffolding which is to be constructed within 10 metres of the Network Rail / railway boundary must be erected in such a manner that at no time will any poles over-sail the railway and protective netting around such scaffolding must be installed. (5) If vibro-compaction machinery / piling machinery or piling and ground treatment works are to be undertaken as part of the development, details of the use of such machinery and a method statement must be submitted to the Network Rail Asset Protection Engineer for agreement.(6) All surface water is to be directed away from the direction of the railway. Soakaways, as a means of storm/surface water disposal must not be constructed near / within 20 metres of Network Rail’s boundary or at any point which could adversely affect the stability of Network Rail’s property. Once water enters a pipe it becomes a controlled source and as such no water should be discharged in the direction of the railway.(7) Network Rail will need to review and agree all excavation and earthworks within 10m of the railway boundary to determine if the works impact upon the support zone of our land and infrastructure

as well as determining relative levels in relation to the railway. (8) Network Rail requests that the developer ensures there is a minimum 2 metres gap between the buildings and structures on site and the railway boundary. (9) Network Rail is aware that residents of dwellings adjacent to or in close proximity to, or near to the existing operational railway have in the past discovered issues upon occupation of dwellings with noise and vibration. It is therefore a matter for the developer and the LPA via mitigation measures and conditions to ensure that any existing noise and vibration, and the potential for any future noise and vibration are mitigated appropriately prior to construction.(10) The proposal calls for trees to be removed from the applicant’s land, which is adjacent to the boundary with Network Rail. As the site is next to the operational railway (and this includes overhead lines) we would require the developer to submit appropriate information to Network Rail regarding works to trees.(11) As the proposal includes works which may impact the existing operational railway and in order to facilitate the above, a BAPA (Basic Asset Protection Agreement) will need to be agreed between the developer and Network Rail. The applicant / developer should liaise directly with Asset Protection to set up the BAPA. For major works / large scale developments an Asset Protection Agreement will be required with further specific requirements - [email protected]

HBPC Arboricultural Officer

No objections subject to conditions carried across from HPK 2017 0536.

7.29 – 7.30

HPBC Regeneration Officer

No objection with proposal to change 2 beds to 3 beds as these will be delivered as shared ownership units. This scheme will be delivered as 100% affordable.

7.11 - 7.12


Comments awaited.

Waste and Minimisation

No issues. 7.23

OfficerCoal Authority The site falls within the development low risk area

and there is no need for a coal mining risk assessment. Refer to standing advice.

7. POLICY AND MATERIAL CONSIDERATIONS AND PLANNING BALANCE

Procedural Matters

7.1 Section 73 of the Town and Country Planning Act 1990 allows for the removal or variation of some or all conditions on a planning approval. One of the uses of a section 73 application is to seek a minor material amendment, where there is a relevant condition that can be varied. There is no statutory definition of “minor material amendment” however, it is likely to include any amendment where its scale and/or nature results in a development which is not substantially different from the one which has been approved.

7.2 In deciding an application under section 73, it is necessary to consider whether the changes proposed are a minor material amendment to the development, and whether they substantially differ in scale and nature to the development approved in addition to considering whether planning permission for the development should be granted subject to conditions which differ from those previously approved. It is not a complete re-consideration of the application.

Planning Policies


7.4 Section 38(6) requires the local planning authority to determine planning applications in accordance with the development plan, unless there are material circumstances which 'indicate otherwise'. Section 70(2) provides that in determining applications the local planning authority "shall have regard to the provisions of the Development Plan, so far as material to the application and to any other material considerations." The Development Plan currently consists of the High Peak Local Plan 2016.

7.5 Paragraph 11 of the National Planning Policy Framework (NPPF) explains that at the heart of the Framework is the presumption in favour of sustainable development. For decision taking this means when considering development proposals which accord with the development plan they should be approved without delay; or where there are no relevant development plan policies, or relevant policies are out of date, grant planning permission unless the application of policies in the framework that protects areas or assets of particular importance provides a clear reason for refusal or any

adverse impacts would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF taken as a whole.

7.6 Local Plan policy S1a establishes a presumption in favour of sustainable development as contained within the NPPF.

Principle of Development within the Green Belt

7.7 Policy EQ4 of the Local Plan seeks to protect the Green Belt and maintain its openness and permanence and that development in the Green Belt will not be granted unless it accords with National Planning Policy.

7.8 Section 13 of the NPPF deals with protecting Green Belts. New buildings in the Green Belt are deemed to be inappropriate development; inappropriate development is, by definition, harmful to the Green Belt and should not be approved unless there are very special circumstances. Para 89 of the NPPF lists some development exceptions which are deemed not to be inappropriate development in the Green Belt, one of which is

“limited infilling in villages, and limited affordable housing for local community needs under policies set out in the Local Plan…”

7.9 The Council, in approving the previous application considered that evidence submitted with the application demonstrated a local need for affordable housing. As such within the context of the NPPF Green Belt policies, the proposed development comprised limited affordable housing for local community needs and therefore met the requirements of section 13 of the NPPF.

7.10 Local plan policy H5 provides support for affordable housing on rural sites that would not normally be released for housing in exceptional circumstances. This is provided;

the development is of a size and type which can be justified by evidence of need from a local housing needs survey,

the affordable housing would meet a genuine local needs as defiend in the affordable housing SPD,

Appropriate safeguards are put in place to keep this affordable in perpetuity, The site is within or adjoining the settlement boundary of a village and is

adequately served by existing services and facilities, The development takes full account of environmental considerations, The development provides all afirdable housing unless it can be demonstrated

that market housing is required to deliver the affordable housing.

7.11 This application varies slightly the size of the dwellings, increasing the 2 bed 4 x person units to 3 bed 4 x person units, with a floor space enlargement of 71m2 for house type A to 84m2; and from 84m2 to 88m2 for house type B. There is also an increase in size of the ground floor apartments from 48m2 to 52m2. The total number of

units will not change although the mix will slightly alter with the scheme now comprising 8no 1bed units and 5no 3 bed units.

7.12 The proposed size and mix of units is acceptable as they will remain affordable and reflect the specific needs of the housing trust in this location. The increase in floor area of the units is welcomed and the units now exceed the nationally described space standard as outlined within local plan policy H3.

7.13 It is considered that the proposed variation accords with Local and National Green Belt policies and can be deemed to be a rural exception site as outlined in Local Plan policy H5. The proposals are also considered to address the housing needs within policy H3 and H4 providing a mix of appropriately sized affordable units.

Design and Visual Impact

7.14 The NPPF explains that the creation of high quality buildings and places is fundamental to what the planning and development process should achieve. Good design is a key aspect of sustainable development. The National Design guide 2019 highlights that the underlying purpose for design quality is to create well-designed and well-built places that benefit people and communities.

7.15 Paragraph 127 of the NPPF seeks to ensure developments function well and add to the overall quality of the area for the lifetime of the development and are visually attractive as a result of good architecture, layout and appropriate landscaping. Local Plan Policies S1, EQ2 and EQ6 seek to protect, enhance and restore the landscape character of the area for its intrinsic beauty and its economic, social and environmental benefits and to secure high quality design in all developments. Developments should respond positively to the environment and contribute to local distinctiveness and sense of place by taking account of the distinct character, townscape and setting of the area.

7.16 The application sets out a number of changes to the layout of the parking area and creation of a bin storage area with subtle changes to the design of the dwellings and apartments. The access will remain to the south with residential units to the west. It is proposed to relocate the parking to the east around a turning head with 4 spaces in parallel and 3 spaces to the east of the apartments. A revised plan was submitted during the course of the application which repositioned the parking area further away to the north from the existing residential dwelling at 64 Bridgemont and boosted the planting and included a timber fence to enclose the parking area. Parking for the dwellings will remain in tandem and to the front of each unit allowing for 2 spaces each. A stepped path is proposed down to a bin store area and refuse collection point which is to be enclosed with a 1.5m reconstituted stone wall with the bins placed within timber bin storage housing.

7.17 The communal garden space at the rear of the apartments is to be subdivided and enclosed with timber fencing to create private gardens for the ground floor apartments.

7.18 With regards to elevational changes, the removal of roof lights from the dwellings and the amendment from a GRP (fibreglass) to a rendered chimney is acceptable. The alteration from aluminium to upvc and composite for doors and windows on both the dwellings and apartment blocks is not considered to affect the character or design of the development. The enclosure of the majority of the integral first floor terrace of the dwellings is considered to be a design improvement as it will create more usable space internally. The removal of the timber cladding from the apartment is also welcomed as this will be replaced by a grey cladding panel which will assimilate better with the palette of materials proposed throughout (artificial stone and grey render). The removal of glass balustrades on the apartments is not considered to detract from the design approach as a whole.

7.19 The proposed site plan illustrates the retained and proposed trees and a landscaping scheme has been agreed by condition. The proposals do not differ in any significant way with regards to landscaping. The repositioning of the bin store area to the south west of the site is acceptable and will be appropriately screened. The landscaping buffer to the eastern side of the site will remain to screen the development from the A6.

7.20 It is therefore considered that the proposals result in relatively minor changes which would not be of a scale or nature that would result in a development which is substantially different to that previously approved. Consequently the proposed changes to the layout are minor-material amendments that can be appropriately considered pursuant to the current application. As such the proposed development would accord with Local Plan policies S1, EQ2, EQ3, EQ6 and S7 and Section 7 of the NPPF.

Highway safety

7.21 Section 9 of the NPPF states that patterns of movement, streets, parking and other transport considerations are integral to the design of schemes and contribute to making high quality places. New development should ensure that a safe and suitable access to the site can be achieved for all users.

7.22 Local Plan Policy CF6 ‘Accessibility and Transport’ seeks to ensure that new development can be accessed safely, provides access to a range of transport modes and minimises the need to travel by unsustainable modes.

7.23 With regards to highways, the proposal generally accord with the previously approved scheme aside from the bin store area. The highway officer has recommended this is set back to maintain maximised exit visibility although the bin stores are a maximum 1.5m in height and retain a footway margin for a visibility splay. The officer also highlights that the repositioned turning facility will make manoeuvring awkward in the vicinity of apartments and would be in excess of 25m from the turning head although he does not raise objection to this. As with the previously approved scheme, it is

acknowledged that the parking area for each of the dwellings is a little below the desired size, although this position was previously considered acceptable.

7.24 It is noted that a number of local residents raise concerns over the impact of the development on the operation of adjacent roads, including the unadopted section of the adjacent highway. The site has previously been granted planning consent for the same number of dwellings/flats, whereby the Highway Authority did not raise an objection. The access road within the site will be subject of a management and maintenance plan (secured by planning condition). Although the site is accessed from an unadopted road, it would be unreasonable to require the developer to maintain the entire length of the unadopted section of the road, given that there are other premises which use the road , and a public right of way which runs along it. The amendments proposed are considered to be minor-material amendments that do not result in a development which is substantially different in scale or nature to the development approved and meets the requirements of Policy CF6 with regard to highway safety.

Amenity

7.25 Paragraph 127 f) of the NPPF seeks to secure a high standard of amenity for all existing and future occupants. Local Plan policies S1 and EQ6 seek to protect the amenities of both existing and future residents and seeks to ensure that new development achieves a satisfactory relationship to adjacent development taking into account factors such as overlooking, privacy and overshadowing.

7.26 The proposed elevational changes to the dwellings and apartments would not have any adverse impact on any existing residential properties and do not propose any additional windows which may otherwise cause overlooking.

7.27 The amendments to the bin store location are not considered to affect existing residents and will reduce the need for a refuse wagon to enter the site and drive behind the existing residential properties. The parking area will be closer to the existing residential properties than previously agreed although additional landscaping and fencing has been included to reduce the impact of the parking area on these properties. 7.28 The proposals as a whole are not considered to result in a development which is substantially different in scale and nature to the development previously approved and it meets the requirements of Policy EQ6 in terms of amenity.

Landscaping, Trees and Biodiversity

7.29 Section 11 of the NPPF seeks to conserve and enhance the natural environment. Policy EQ5 of the Local Plan seeks to conserve and enhance the biodiversity and geological resources of the area whilst Local Plan policies EQ3 and EQ9 seeks to protect the landscape’s intrinsic character and distinctiveness and protect existing trees, woodland and hedgerows.

7.30 The proposals do not substantially alter the layout of the development in terms of its impact within the landscape. It is considered that there are no significant ecological issues arising from the proposal. As such, the proposal accords with Local Plan policy EQ5 and section 11 of the NPPF.

Flooding & drainage

7.31 Policy EQ11 of the Local Plan seeks to support development which avoids areas of current or future flood risk. Paragraph 100 of the NPPF states that development in areas at risk of flooding should be avoided by directing development away from areas at highest risk.

7.32 The proposed variation does not alter the drainage scheme nor is site is located within an area susceptible to flooding. As such the proposal does not raise any additional issues regarding drainage or flooding. Therefore, it is considered that the proposal accords with Local Plan policies EQ6 and EQ11 and section 10 of the NPPF.

Other matters

7.33 Given the proximity of the application site to the railway line Network Rail has stated that that the applicant would still have to enter into a ‘Basic Asset Protection Agreement’ with Network Rail to facilitate the works on site whilst also ensuring that Network Rail land and assets are protected and all safety matters are adequately dealt with.

7.34 Although a number of residients raise concerns about, noise, general disruption and problems with car parking, conditions relating to the parking of site operatives vehicles, wheel washing facilities, dust and working times are once again recommended. This will ensure that disruption will be kept to a mnimum during the construction phase.

7.35 The previous planning conditions on HPK/2017/0536 have been agreed via the application to discharge DOC/2019/0042 and will be carried across in a monitoring capacity for the avoidance of doubt.

Planning obligations & s106 legal agreement

7.36 The applicant, Peaks and Plains, is a registered provider of social housing. A viability statement was submitted during the course of the 2017 application which concluded a) the RSL is only able to deliver the scheme with funding from the HCA (Homes and Communities Agency) and Right to Buy grant. b) Even on current figures the RSL still has to overcome an identified shortfall. Consequently planning obligations were not sought and the affordable housing was secured via planning condition.

7.37 This application does not alter this previously agreed position and the appropriate condition to secure the affordable units in perpetuity can be carried across to the new consent.

8. Conclusion & Planning Balance

8.1 The development of the site has been accepted by the granting of the planning permission in March 2018. The changes proposed are considered to be minor amendments to the approved scheme and would not result in a development which would substantially differ from the original planning consent.

8.2 The revised layout and design of housing is considered to be acceptable in highway safety terms, layout and amenity.

8.3 There are no other planning issues are raised. Accordingly, the proposal is considered to be sustainable development under the terms of the NPPF, and complies with Policies S1, S1a, S2, S5, EQ6, EQ7, H1, H2, H3, H4, H5, and CF6 of the High Peak Local Plan 2016 which seek provide sustainable development. It therefore benefits from the presumption in favour and accordingly is recommended for approval.

9. RECOMMENDATION

A. It is recommended that the Committee APPROVE the application subject to the following conditions:

1. Revised condition 2 listing the amended plans2. All other conditions imposed on HPK/ 2017/0536.

B. In the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/ informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Operations Manager - Development Services has delegated authority to do so in consultation with the Chairman of the Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.

Site Plan



Application No:

HPK/2019/0203

Location Communication Mast - Orange Surrey StreetGlossop

Proposal Replacement of existing 19.4m high structure with proposed new 25m high monopole supporting 6 no. New antennas, 3 no. New 600mm diameter dishes, 1 no. Relocated 300mm diameter dish (relocated from existing structure), 9 no. Equipment cabinets, plus associated ancillary works

Applicant EE (UK) Ltd and Three (UK) LtdAgent Daly InternationalParish/ward Glossop / Howard Town Date registered 16th May 2019If you have a question about this report please contact: Lisa Howard email: [email protected] Tel: 01538 395400

REFERRAL

The application has been referred to committee by the Head of Development Services to consider the visual impact


Approve, subject to conditions


2.1 The telecommunications mast and associated compound are located adjacent to the southern boundary of Glossop North End Football Club and to the north of Wicks car park. To the east is the newly constructed residential development, known as Foundry Close and Surrey St. Views of the mast are available from Surrey Street, Foundry Close, Glossop Brook Road and from within The Wren’s Nest Retail Park. The site is located within the Built-up Area boundary of Glossop.


3.1 Approval is sought to replace an existing 19.4m high structure with a proposed new 25m high monopole that is to support 6no. new antennas, 3 no.

Agenda Item 10


600mm diameter dishes, 1 no. relocated 300mm diameter dish (relocated from existing structure), 9no. equipment cabinets, plus associated ancillary works.

3.2 The application is accompanied by both existing and proposed plans, a supporting statement and a ICNIRP certificate (International Commission on Non-Ionising Radiation).

3.3 The application and details attached to it - including the plans, supporting documents, representations and responses from consultees - can be found on the Council’s website at:-



HPK/0003/9894 20m Telecommunications column mast with associated antennae dishes & compound with cabinets and ancillary equipment.Refused, Appeal allowed

DET/2005/0008 6no. T-Mobile Antennae at 14.8m and 1no. T-Mobile Transmission Dish at 13.6m on existing 20m high column mast with equipment cabinets and ancillary electricity cabling within existing compound.Approved


Adopted High Peak Local Plan 2016

S1 Sustainable Development PrinciplesS1a Presumption in Favour of Sustainable DevelopmentS2 Settlement HierarchyS5 Glossopdale Sub-area StrategyEQ1 Climate ChangeEQ6 Design and Place MakingEQ9 Trees, Woodlands and HedgerowsEQ10 Pollution Control and Unstable LandCF3 Local Infrastructure Provision S4 Maintaining and Enhancing an Economic baseE1 New Employment Development


High Peak Design Guide 2018 Landscape Character

National Planning Policy Framework (February 2019)



National Planning Practice Guidance

6. CONSULTATIONS

Site Notice expiry date: 02.08.2019 Neighbour consultation period ends: 07.10.2019 Press Advert: N/A

Public Comments

No comments received.

Consultee Comment Officer Response

DCC Highway Authority

No objection.


No comments received.

7. OFFICER COMMENT

Policy Context


7.2 Section 38(6) requires the Local Planning Authority to determine planning applications in accordance with the development plan, unless there are material considerations which 'indicate otherwise'. Section 70(2) provides that in determining applications the Local Planning Authority "shall have regard to the provisions of the Development Plan, so far as material to the application and to any other material considerations." The Development Plan currently consists of the High Peak Local Plan Adopted April 2016.

7.3 Paragraph 10 of the National Planning Policy Framework (NPPF) explains that at the heart of the Framework is the presumption in favour of sustainable development. For decision makers this means that when considering development proposals which accord with the development plan they should be approved without delay; or where the development plan is absent, silent or relevant policies are out of date, grant planning permission unless:-

i) the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or

ii) any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole. (Para 11 NPPF July 2018).

7.4 Paragraph 8 of the NPPF identifies the three dimensions to sustainable development as economic, social and environmental.

7.5 Local Plan policy S1a establishes a presumption in favour of sustainable development as contained within the NPPF.

7.8 The policies contained in the Framework are supplemented by the National Planning Practice Guidance (NPPG), which is also a material consideration in the determination of applications.

7.9 A list of key policies, guidance and other material considerations is provided above (section 5).

Principle of Development

7.10 In accordance with policies S1 and S1a of the high Peak Local Plan the Council will expect all new development to make a positive contribution towards the sustainability of communities and to protecting, and where possible enhancing the environment. When considering development proposals the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework (NPPF).

7.11 Development will be directed towards the most sustainable locations in accordance with the settlement hierarchy set out at Policy S2. In accordance with the settlement hierarchy, Glossop is regarded as a ‘Market Town’ where development of an acceptable scale and form will be supported.

7.12 In accordance with paragraph 112 of the NPPF, advanced, high quality and reliable communications infrastructure is essential for economic growth and social well-being. Planning policies and decisions should support the expansion of electronic communications networks, including next generation mobile technology (such as 5G) and full fibre broadband connections.

7.13 Paragraph 113 of the NPPF goes onto state that the number of radio and electronic communications masts, and the sites for such installations, should be kept to a minimum consistent with the needs of the consumers, the efficient operation of the network and providing reasonable capacity for future expansion. Use of existing masts, buildings and other structure for new electronic communications capability (including wireless) should be encouraged. Where new sites are required (such as for new 5G networks, or for connected transport and smalt city applications), equipment should be sympathetically designed and camouflaged where appropriate.

7.14 Paragraph 116 of the NPPF confirms that LPA’s must determine applications on planning grounds only. They should not seek to prevent competition between different operators, question the need for an electronic communications system, or

set health safeguards different from the International Commission guidelines for public exposure.

7.15 Policy CF3 of the adopted Local Plan relates to local infrastructure provision and states that the release of land for development will be informed by capacity in the existing local infrastructure to meet the additional requirements arising from new development. Suitable arrangements will be put in place to improve infrastructure, services and community facilities, where necessary. This will be achieved by, amongst other things, supporting improvements to telecommunications and high speed broadband infrastructure that does not have an inappropriate impact on the landscape and townscape.

7.16 New development will only be supported where the infrastructure necessary to serve it is either available or where suitable arrangements are in place to provide it.

7.17 The following justification has been provided to support this application:

Replacing and upgrading this site is an integral and significant part of delivering 5G connectivity across the UK. 5G operates across multiple spectrums and therefore requires additional larger antennas and new equipment cabinets. It also requires a structure with the capacity to support such infrastructure hence the proposed new monopole design. The signals that are broadcast are more prone to the shadowing effect and therefore an increased height for the antennas is required to prevent this and allow optimum performance.

The replacement structure is a shared site between EE (UK) Ltd and Three (UK) Ltd and thereby negates the need for a further additional structure in the area. There are no other structures or buildings of sufficient height in the area which could support this upgrade and therefore a new 25m high installation has been proposed. The upgrade of this site would see its capacity increased and therefore allow both operators to meet current and future demand.

7.18 Given the above policy context it is considered that the principle of development is acceptable, provided that the new structure would not have an inappropriate impact on the landscape and townscape.

Design

7.19 Policy EQ6 of the adopted Local Plan seeks to ensure that new development is well designed and responds positively to the environment and contributes towards local distinctiveness.

7.20 In terms of the wider landscape impact it is accepted that the existing mast and associated equipment at a height of 19.4m has been long established at this location. The mast and associated compound are located adjacent to the southern boundary of Glossop North End Football Club, views of the mast are available from Surrey Street, Foundry Close, Glossop Brook Road and from within The Wren’s Nest Retail Park. However, existing views from public vantage points are limited to the

upper section of the mast; this would also be the case for the replacement installation. The lower proportion of the installation and the ground based equipment would continue to benefit from screening from the spectators stand within the football ground and a tree belt that is located to the south.

7.21 The mast is viewed in the context of other existing street furniture associated with the football club to the north and retail the park to the south. Though it is noted that the increased height and overall massing of the installation would have greater visual impact on the townscape and wider landscape, it is not considered that this would be unduly detrimental and is balanced by the wider public benefits arising from the development.

Amenity

7.22 Policy EQ6 of the adopted Local Plan seeks to ensure that new development, achieves a satisfactory relationship to surrounding development taking into account factors such as visual intrusion, overbearing effects, noise and light pollution.

7.23 The proposed installation would be located 26m to the west of numbers 23 and 25 Foundry Close. This compares to the existing mast which is positioned nearly 40m from these properties. Foundry Close is a modern housing estate that has been constructed following planning approval that was granted in 2015 and 2016. The existing telecommunications mast was in situ prior to these dwellings being constructed. The new mast, with its increased height and at the distance proposed would be noticeable structure when viewed from these dwellings. However, it would not cause any loss of light or have an overbearing impact. The applicant has also submitted an ICNIRP certificate which confirms that the new tower and associated equipment has been designed to be in compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non – Ionising Radiation Protection. Accordingly, it is considered that the new structure would not have a detrimental impact on the residential amenities of the adjacent neighbours and thus complies with Policy EQ6.

Highway Safety

7.24 It is not proposed to alter access to the site. Derbyshire County Council Highways have been consulted on this application and raise no objection. Accordingly the proposals do not give rise any highway safety concerns, in accordance with Policy CF6 of the Local Plan.

8. CONCLUSION / PLANNING BALANCE

8.1 This application proposes an upgrade to existing facilities to ensure that the future needs of the population are provided for. The site is a shared facility between EE (UK)Ltd and Three (UK) Ltd and will allow for the future upgrade to 5G. By supporting this application and reusing the established site, this will reduce the need for additional sites elsewhere in the locality by the two operators. Whilst it is acknowledged that the larger structure and head frame will have a greater impact on the landscape and surrounding townscape, it is considered that the benefits of the proposals outweigh this harm. This application is therefore considered to accord

with the relevant policies contained in the High Peak Local Plan and National Planning Policy Framework. 9. RECOMMENDATION:

Planning permission is APPROVED subject to the following conditions:

Condition number

Brief description Comment

STD Standard 3 year time limit

NON STANDARD

Compliance with Approved Plans

B. In the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Head of Development Services has delegated authority to do so in consultation with the Chairman of the Development Control Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.

The Council has worked with the applicant to secure a sustainable development, accordingly paragraph 38 of the NPPF has been adhered to.

Site Plan


4th November 2019

Application No: HPK/2015/0404

Location Corbar Hill HouseProposal Proposed conversion of former Coach House at Corbar Hill

House to form 4no dwellings as well as the erection of 11 no. dwelling houses on land to the rear of Corbar Hill House and associated ground works, infrastructure & landscaping.

Applicant LPC Living LtdAgent CODA Planning LtdParish/ward Buxton Date registered: 5th May 2016If you have a question about this report please contact: Rachael Simpkin [email protected] 01538 395400 ext. 4122

REFERRAL

The above planning application has been referred to the Development Control Committee as it is a major housing development.


REFUSE planning permission ref. HPK/2015/0404 in the absence of a completed s106 legal agreement (Deed of Variation) to secure a financial contribution towards affordable housing and insufficient information to properly assess impacts on bats as a protected species.


2.1 Corbar Hill House (including the coach house at the rear) is a Grade II listed building. It is located within the Buxton Park Conservation Area within the Built-up Area Boundary of Buxton. The site is covered by a HPBC TPO 193. The property and wider 0.63ha application site is located on an elevated position above Buxton town centre at the summit of Corbar Hill with Corbar Woods forming a green backdrop at the rear. The property is formerly known as John Duncan School, Wye House. It consists of a large detached house dated mid 19th century. This former family home was constructed in the French chateau architectural style from rock faced millstone grit with a Westmorland slate roof and stone stacks. The latterly constructed coach house c.1870’s has undergone some significant modifications internally.

Agenda Item 11

2.2 From its family residential use, the main house had been converted to a hospital / asylum and latterly functioned as a school. In 2002, planning permission and listed building consent was granted for conversion of both the former school and coach house to residential apartment accommodation (14 units), together with the construction of four new 2 and 3 storey detached blocks around the site containing a total of 30 units. Only the conversion of the existing property (12 units) and two blocks (A and B at 16 units) to the northeast of the site have been completed to total 28 dwelling units overall. The conversion of the coach house to 2 apartments and the construction of Blocks C and D were not constructed, however, this element of the original 2002 approval is considered to be extant.

3. THE APPLICATION PROPOSAL

3.1 The pending application seeks approval for the erection of 11 dwelling houses across 3 blocks on the broad footprint of the previously approved Blocks C and D, which are positioned behind the coach house at the rear of the site. A further 4 additional units are proposed through the conversion of the vacant coach house, which was previously approved for a swimming pool in association with proposals for the conversion of Wye House. At the 30th October 2017 Development Control Meeting it was resolved that planning permission be granted subject to a variation of the s106 and conditions as described in the report.

3.2 In detail, the scheme comprises of 3 linked residential blocks to form 11 townhouses as follows: Block C (4 x 4-bedroom dwellings); Block D (2 x 3-bedroom townhouses) and Block E (4 x 2-bedroom and 1 x 4-bedroom dwellings). As well, the Coach House would be converted into 1 x 1-bedroom, 2 x 2-bedroom and 1 x 3-bedroom dwellings. There would be associated access, car parking and landscaping infrastructure works as a result of the scheme.

3.3 The application and details attached to it, including the plans, supporting documents, representations made by residents and the responses from consultees can be found on the Council’s website at:-



HPK/2016/0265 - Listed Building Consent for proposed conversion of former Coach House at Corbar Hill House to form 4no dwellings as well as the erection of 11 no dwelling houses on land to the rear of Corbar Hill House and associated ground works, infrastructure & landscaping. Pending.

HPK/2008/0444 - Resubmission of HPK/2008/0038 for the conversion of the ground floor of rear building to create residents swimming pool, single storey side extension and replacement boiler house – Approved 28/08/2008.

HPK/2008/0431 Listed Building Application: Conversion and re-development of the ground floor of the rear building at Wye House to create residents swimming pool.


Proposal to include new single storey side extension to replace existing boiler house – Approved 28/08/2008.

HPK/2002/0898 Listed Building Application: Conversion to 14 no. apartments with demolition of garages and erection of 30 no. apartments in four new four no. blocks – Approved 11/04/2003.

HPK/2002/0864 Conversion of former school to 14 no. residential apartments and erection of 30 no. residential apartments in 4 blocks - Approved 22/05/2003.


Adopted High Peak Adopted Local Plan 2016

Policy S1 Sustainable Development PrinciplesPolicy S1a Presumption in Favour of Sustainable DevelopmentPolicy S2 Settlement HierarchyPolicy S3 Strategic Housing DevelopmentPolicy S7 Buxton Sub-area StrategyPolicy EQ1 Climate ChangePolicy EQ5 BiodiversityPolicy EQ6 Design and Place MakingPolicy EQ7 Built and Historic EnvironmentPolicy EQ8 Green InfrastructurePolicy EQ9 Trees, Woodlands and HedgerowsPolicy EQ10 Pollution Control and Unstable LandPolicy EQ11 Flood Risk ManagementPolicy H1 Location of Housing DevelopmentPolicy H3 New Housing DevelopmentPolicy H4 Affordable HousingPolicy CF3 Local Infrastructure ProvisionPolicy CF4 Open Space, Sports and Recreation FacilitiesPolicy CF6 Accessibility and TransportPolicy CF7 Planning Obligations and Community Infrastructure Levy

Supplementary Planning Guidance

Residential Design Landscape Character Housing Needs Survey Planning Obligations Buxton Conservation Areas Character Appraisal

National Planning Policy Framework (NPPF)National Planning Practice Guidance (NPPG)

6. CONSULTATIONS

Site notice ExpiredPress notice ExpiredNeighbours Expired

Neighbours

A total of 7 representations have been received, details of which can be read on the related public files. The following is a summary of the objections and issues raised:-

The internal access route marked on the planning application is insufficient; The narrow access point from Corbar Road would not facilitate two-way traffic flow; Exiting the site is difficult and particularly if there is onstreet parking opposite; It would not be suitable for heavy goods deliveries and machinery in relation to the

proposed new build scheme; Corbar Road has been identified as the construction traffic route for the extra care

scheme on Brown Edge Road – as a consequence the combined construction traffic would severely affect the convenience of road users, pedestrian and vehicle safety;

Insufficient parking for existing / proposed residents and visitors as the existing car park for Corbar Hill House would not be replaced;

These combined issues would exacerbate existing onstreet car parking concerns; A total of 32 additional car parking spaces would impact upon the character and

appearance of the area; The plans for the coachhouse are excessive and the context of the buildings would

be out of character and appearance with Wye House; The proposal should maintain the setting of the Wye House building; The loss of trees would be to the detriment of the overall appearance of the area; Concerns in respect of bats within the coachhouse and that other wildlife would be

disturbed / affected as a result of the development; A pond with amphibian use is referred to; Loss of view and privacy in respect of the proposed dwellings which would be

located at an elevated level; Such increased volume of housing in a relatively quiet area would create additional

noise pollution to the neighbours and surrounding area; There are more suitable sites in Buxton to accommodate additional housing without

needing to lose trees or affect wildlife, particularly in respect of the site’s location adjacent to Corbar Woods;

The proposal is an inappropriate development of woodland and if approved would set a precedent for future woodland development and the devastating effects it would have on the natural environment;

Construction noise concerns, including impact to wildlife; Additional housing would put pressure on local services, and, An existing apartment owner queries when works would be commenced.

Consultations

Consultee Officer response

Buxton Civic Refer to trees, nature

Association conservation and s106 obligations section.

Trees should be removed as a last resort, but where trees are required to be removed a policy of replacement of at least 2 for each one removed should be executed to assist in mitigation of impact upon the natural environment. Badgers: a recent internal BCA May 2016 report has indicated that a possibility exists of badgers trailing through this area. The developer therefore should be mindful of their responsibility per the 1992 Protection of Badgers Act. Towards mitigation of cumulative development in this area with respect to water run off and surface drainage, we would wish to see all car park areas having design features incorporated such as being porous. There appears to be no provision for any affordable housing. Is this an oversight?Conservation Officer Overall, no objections subject to

recommended conditions. Refer to heritage section.

Ancient Monuments Society, Council for British Archaeology, The Georgian Group, The Victorian Society and Twentieth Century Society

Awaited. Noted.

HPBC Horticulture Officer

No objections subject to recommended conditions.

Refer to Design / Layout section.

Natural England The Local Planning Authority is expected to assess and consider the possible impacts resulting from this proposal in respect of: local biodiversity and geodiversity sites, local landscape character and local or national biodiversity priority habitats and species.

Refer to nature conservation section.

DCC Local Highway Authority


Refer to Highways Section.

The further plan identifies 32no. spaces to serve the proposed development that presumably remains as 10no. 2/3 bedroom and 5no. 4/4+ bedroom units. As stated within the original response to the application, whilst the proposal provides a modestly less than the desired maximum provision, given the remote location of the development from the public highway and area of the site, it is considered unlikely that such shortfall would result in severe harm to safe operation of the public highway. Therefore, there are no highway objections to the proposals subject to inclusion of the conditions recommended within the response of 20 June 2016.

Derbyshire Wildlife Trust

Insufficient information. Refer to Nature Conservation Section.

25.10.19: In circumstances where the survey information for a European Protected species is more than 3 years old it is highly unlikely that the applicant will be able to secure an EPS licence from Natural England and updated survey work will be

required. From my understanding survey work has been undertaken in 2014 and 2016. All of this survey work, whilst providing valuable background information is out of date and is not sufficient for planning or licensing purposes. Maternity roosts for brown long-eared bat and pipistrelle bat were found to be present in the 2014 survey. The applicant should be advised that updated bat surveys should be undertaken in the spring/summer (optimum period May-August, in line with the latest Bat Survey Guidance and undertaken by appropriately licensed and experienced ecologists) to determine whether there have been any changes to the status of the bat roosts. A detailed mitigation, compensation and enhancement plan should then be drawn up and submitted to the LPA for consideration. The necessary bat survey work will need to be undertaken prior to determination of this application.

DCC Lead Local Flood Authority

Standing advice for ‘green category’ development is referred to in respect of the implementation and maintenance of a Sustainable Urban Drainage Scheme (SuDS).

Refer to Technical Matters Section.

HPBC Environmental Health


Refer to Technical Matters Section.

DCC Education Current pupil numbers, projections and an analysis of recently approved planning applications indicate the relevant normal area infant, junior and secondary school would have sufficient capacity within the next five years to accommodate the additional pupils arising from this development and therefore no Education S106 Contribution would be required at this time.

Refer to s106 Obligations section.

7. POLICY AND MATERIAL CONSIDERATIONS

Planning Policy

7.1 The determination of a planning application should be made pursuant to section 38(6) of the Planning and Compulsory Purchase Act 2004, which is to be read in conjunction with section 70(2) of the Town and Country Planning Act 1990.

7.2 Section 38(6) requires the Local Planning Authority to determine planning applications in accordance with the development plan, unless there are material considerations which 'indicate otherwise'. Section 70(2) provides that in determining applications the Adopted Local Planning Authority "shall have regard to the provisions of the Development Plan, so far as material to the application and to any other material considerations". The

Development Plan for the borough consists of the Adopted High Peak Local Plan dated April 2016.

7.3 The revised NPPF (National Planning Policy Framework) as updated is a mandatory material consideration in decision making.

7.4 Once again achieving sustainable development sits at the heart of the NPPF as referred to within paragraphs 10 and 11.

7.5 As before, achieving sustainable development requires the consideration of three overarching and mutually dependant objectives being: economic, social and environmental where they are to be applied to local circumstances of character, need and opportunity. These objectives are stated as follows:

a) an economic objective – to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure;

b) a social objective – to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of the present and future generations; and by fostering a well designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities’ health, social and cultural well being; and,

c) an environmental objective – to contribute to protecting and enhancing our natural, built and historic environment; including making the effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy.

7.6 NPPF para 11 requires decision makers to apply a presumption in favour of sustainable development. For decision makers this means approving development proposals that accord with an up-to-date development plan without delay.

7.7 Adopted LP (Local Plan) Policy S1a establishes a presumption in favour of sustainable development as referred to within the NPPF.

Principle of development

7.8 The principle of residential development as sought has already been established through the approved consent for the partly implemented planning permission for apartments. This is with reference to the conversion of the school (14 units) and construction of blocks A and B accommodating (16 units) to the northeast of the site, which have been built out to total 28 apartments overall.

7.9 The proposed scheme seeks planning permission for 11 new-build townhouses and the conversion of the former coach house into 4 apartments instead of approved apartment blocks C and D (14 units) and the previously approved 2 apartments above the garages / store. This would result in an amended scheme of 15 dwellings, plus the 28

apartments already completed on site and therefore a total of 43 dwellings across the site to be split as 11 townhouses and 32 apartments. The approved fallback position could provide a total 44 apartments across the site by implementing blocks C and D and the coach house works as per the original approval.

7.10 The main issues in assessing this application are the scheme’s effects on: the setting of the Grade II listed Corbar Hill House; the conversion of the Grade II listed coach house; the setting of the Buxton Park Conservation Area; neighbour amenity; highway safety and affordable housing provision, which will be discussed in the relevant sections below. The application site’s fallback position is considered to be a material planning consideration to be weighed in the planning balance.

Heritage and Design

7.11 Adopted LP (Local Plan) Policies S1 ‘Sustainable Development Principles’ and LP EQ6 ‘Design and Place Making’ seek to secure high quality design in all developments that responds positively to its environment and contributes to local distinctiveness and sense of place by taking account of the distinct character, townscape and setting of the area. The adopted SPD (Supplementary Planning Document) on Residential Design (2005) also provides guidance on the approach to new residential development and the factors which contribute toward local distinctiveness.

7.12 LP EQ7 ‘Built and Historic Environment sets out that the Council will conserve heritage assets in a manner appropriate to their significance. This will take into account the desirability of sustaining and enhancing their significance and will ensure that development proposals contribute positively to the character of the built and historic environment. Similarly, NPPF Chapter 16 ‘Conserving and Enhancing the Historic Environment’ is highly relevant to the assessment of the scheme. This is in view of its relationship to key heritage assets of the Grade II Listed Corbar Hill House, Grade II Listed Coach House and the Buxton Park Conservation Area.

7.13 Furthermore, Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires the decision maker, in considering whether to grant planning permission for the development, which affects a listed building or its setting, to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Accordingly, the Local Planning Authority has a statutory duty to consider the scheme’s effect on the listed building.

7.14 NPPF para 189 states: “In determining applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting”. NPPF para 193 discusses: “When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation (and the more important the asset, the great the weight should be). This is irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance”.

7.15 A Heritage Assessment has been submitted by the applicant in support of the proposed scheme. Of relevance it sets out that: “while the construction of the Wye House blocks in the early 2000s to the north of the main house are precedence for further modern development in the curtilage of this heritage asset, there is concern that, together, the

further new blocks will have a cumulative adverse impact, however, minimal. The fear is that the site will become ‘overdeveloped’ and which may risk impacting Corbar Hill House’s significance in a negative manner. This does not only relate to impact on the visual setting, which is of course a consideration, but that the presence of too many new blocks could overwhelm the setting of the main house, causing it to look ‘out of place’ and thus reduce any aesthetic value, particularly, that it may have. However, given the imposing nature and size of Corbar Hill House, its distinctiveness due to its use of the French Renaissance revival style in a town surrounded by largely Georgian, neo-Classical and neo-Gothic architecture, and the physical topography and terrain of the site which by its nature allows concealment of other structures on the site, it is felt that this adverse impact is largely minimal. The visual setting issues can also be somewhat offset by making sure significant screening is indeed planted so that the site’s historical value does not become subordinate to modern development”.

7.16 Overall, the Heritage Assessment concludes that the ‘harm’ as identified above is ‘less than substantial’ as it is “outweighed by the considerable benefit of bringing a significant portion of the site back into substantial use, in addition to ensuring that there is sustained future income to the facility that will allow funding for future maintenance work as well as providing additional housing for the local population which would positively impact on the property setting and its context”.

7.17 The Council’s Conservation Officer states that in respect of the position and extent of the new build townhouse element of the scheme (Blocks C, D and E), these are similar in height, scale and design in respect of Blocks C and D of the originally approved scheme. It is noted that Blocks D and E are now split into two separate units, which serves to lessen their scale and massing and this is considered to be an improvement in comparison to the permitted fallback position. Whilst the proposed townhouses seek a modestly taller, steeper roof pitch than those previously approved; the submitted site sections, however, demonstrate that their ridgelines would not be easily viewed from the main Corbar Road frontage and no issues are raised in these respects.

7.18 The Conservation Officer considers that the setting of the Corbar Hill House listed building has already been compromised by the more recent apartment development (Blocks A and B) to the northeast of the site. In addition, the previous approval has given the proposed scheme a level of acceptability that would now be difficult to object to in view of the established fallback position of Blocks C and D coming forward for development. It is also considered that the rear of the site has historically been subject to some form of development in terms of ancillary outbuildings, greenhouses, tennis court and a quarry site. These factors combine to broadly support the proposed townhouse scheme as contained within Blocks C, D and E.

7.19 Detailed design revisions sought by officers have achieved a subdivision of the large window and the entrance doors have also been altered to better reflect those of the original house. In addition, the dimensions of the windows have been further amended to more closely align with the proportions of the original house. The Conservation Officer considers that these design amendments are an improvement to the scheme as submitted. No objections have been raised to the conversion of the coach house, which is considered to be more sympathetic in nature than the previously approved conversion to swimming pool. Appropriate planting and high quality materials are essential to the successful development of this site both within its immediate and wider historic townscape

context, including Conservation Area setting. In these respects, planning conditions should secure matters relating to: joinery and window details, colour scheme and external materials: walls, roofs, boundary walls / railings, surfacing and landscaping should Members be minded to approve the scheme.

7.20 The Buxton Conservation Areas Character Appraisal identifies important panoramic views from the Town Hall and Slopes towards the Crescent, Devonshire and Corbar Woods. In these circumstances, the Conservation Officer advises that it is important that sufficient tree cover is maintained throughout the site to give an effect of both significant and dense tree cover within it that blends into Corbar Woods directly behind. This is in order to limit any significant views of the ridgelines within the townscape panoramas.

7.21 In terms of potential tree impact as a result of the scheme, LP Policy EQ9 specifically seeks to protect existing trees, woodlands and hedgerows. As well, protection is also given by LP Policy EQ7 owing to their heritage contribution. The site is also covered by a HPBC TPO 193 and the trees are therefore afforded statutory protection as a result of the Conservation Area designation. The Council’s Arboriculturist raises no overall objection to the principal of development on this site given the established fallback position. It is noted that the current proposals are accommodated within a modestly smaller footprint and to a degree, within an area that has few significant trees. There would, however, be some mature tree loss and potential impacts which may arise due to level changes across the site as noted by the Aboricultural Officer. In these circumstances, it is advised that a detailed Arboricultural Method Statement must be approved before any start of works on site. In addition, a comprehensive and appropriate landscaping plan would be critical in achieving a coherent approach to the entire site whilst preserving and enhancing the character and appearance of the Buxton Park Conservation Area and associated townscape views. As well, the landscaping scheme would need to be accompanied by a detailed Landscape and Ecological Management Plan (LEMP) document. Within this context, it is discussed that the Corbar Road site frontage would require more formal planting whilst to the rear, where the site is close to Corbar Woods (ancient woodland), the planting would need to be native and consistent with the landscape character of the area, such as a woodland edge type species.

7.22 The Heritage Assessment further recommends an Archaeological Watching Brief prior to the commencement of any major work in view of the small possibility that the proposed new development blocks may encroach / abut part of the former 19th century quarry earthworks. These matters, including landscaping and landscape management can be secured via suitably worded planning conditions attached to any consent should Members be minded to approve the scheme.

7.23 On heritage grounds, it is acknowledged that there would still be a degree of harm to the setting of both Corbar Hill House and the Buxton Park Conservation Area arising from the built encroachment of its setting alone, however, this harm is considered to be ‘less than substantial’ in the terms of the NPPF. It is therefore necessary to weigh this harm against the public benefits of the proposal. Clearly the coach house proposal represents an improved conversion in relation to the previous swimming pool consent as well as bringing the vacant listed structure back into both a suitable and beneficial use. Whereas the townhouse proposals are accommodated within a modestly smaller footprint and to a degree, within an area that has few significant trees. These factors combine to limit the impact on these heritage assets by representing a less harmful scheme than the current

fallback position. As well, the development scheme would make a small, but valuable contribution towards meeting housing delivery in the Buxton subarea of the District. 7.24 In these respects, the scheme would broadly accord with LP Policies EQ6, EQ7 and EQ9 in particular and the NPPF.

Residential Amenity

7.25 The NPPF requires a good standard of amenity for all existing and future occupants of land and buildings. LP Policy EQ6 also stipulates that development should achieve a satisfactory relationship to adjacent development and should not cause unacceptable effects by reason of visual intrusion, overlooking, shadowing, overbearing or other adverse impacts on local character and amenity. Furthermore, the Council’s Residential Design SPD, as a guide recommends a distance of 21.0m between habitable room windows of adjacent properties to provide an acceptable level of amenity as well. Where changes in levels on site are evident or where taller buildings are present, it is advised that these distances should increase by 1.0m for every 0.5m difference in height between buildings and is applicable in the site circumstances of rising levels from Corbar Road.

7.26 The application submission has provided detailed site sections information. Broadly speaking, the proposal would meet SPD privacy standards with the additional use of privacy glass. This is with reference to the south elevation of the Coach House where it faces onto the rear of Corbar Hill House in view of the intervening 5.0m separation distance. The open plan living space on the first floor of the Coach House would overcome any overbearing issues for the future occupants of the Coach House with regards to the proximity of the main building. Whilst those obscured windows to the ground floor would serve bathroom and hallway non-habitable accommodation. A planning condition should be applied to any consent which ensures that such windows remain as non-opening and obscured glazed for the lifetime of the development.

7.27 In respect of the new build element of the scheme to the rear of the Coach House, there would be an intervening distance of c.19.0m between the habitable room windows to the rear of the Coach House and the frontage windows of proposed new build Block E. This is despite of the intervening c.4.0m levels increase which would ordinarily dictate a privacy distance of 29.0m. In these circumstances, the SPD advises that a strict application of amenity standards can, however, limit a creative design response to site layout. As such, officers are open to schemes with a more flexible approach based upon good design principles rather than strict adherence to amenity guidelines. In these respects, the scheme has been design led and particularly in its response to the challenges of the steep topography to this aspect of the site. As well, in terms of block positioning and scale, the proposal would broadly follow the scale parameters of the previously approved Block D. As well, the car parking and turning for Blocks D and E would be positioned between the opposing buildings to create a degree of public activity within this area. Although, it is acknowledged that the introduction of habitable accommodation within the Coach House for the new scheme has resulted in some comprised amenity standards. In terms of outdoor amenity space, a combination of patio gardens and communal areas within significant landscaped grounds would provide suitable areas for future residents of the scheme whilst maintaining suitable standards for residents of the existing development.

7.28 In these respects, the scheme would broadly accord with LP Policies H1, EQ6 and EQ7 in particular and the NPPF.

Highway Safety

7.29 LP Policy CF6 states that the Council will seek to ensure that development can be safely accessed in a sustainable manner. Proposals should minimise the need to travel, particularly by unsustainable modes of transport and help deliver the priorities of the Derbyshire Local Transport Plan. This will be achieved by, inter alia:

Requiring that all new development is located where the highway network can satisfactorily accommodate traffic generated by the development or can be improved as part of the development.

Requiring that new development can be integrated within existing or proposed transport infrastructure to further ensure choice of transportation method and enhance potential accessibility benefits.

Ensuring development does not lead to an increase in on street parking to the detriment of the free and safe flow of traffic.

7.30 Matters of sustainable patterns of transport concerning site location and means of site access were established in respect of the approved scheme for 44 apartments.

7.31 For the varied scheme sought, the Local Highway Authority (DCC) has raised some concern in respect of the existing substandard access into the site. This is in terms of the approach angle and provision of a suitable exit visibility from the adopted highway. Although the Highways Officer has recognised that there is an extant consent in place for 44 units of which 28 units have been completed. In these circumstances, however, it is confirmed that a highway objection based on a substandard access layout would unlikely to be sustained. On matters of adequate onsite scheme car parking, the applicant was requested to provide additional information. The further plan submitted has identified a total of 32 car parking spaces to serve the proposed development of 15 units as follows: Block C (4 x 4-bedroom dwellings = 12 spaces); Block D (2 x 3-bedroom townhouses = 4 spaces) and Block E (4 x 2-bedroom and 1 x 4-bedroom dwellings = 15 spaces). As well, the Coach House would be converted into 1 x 1-bedroom = 1.5 spaces, 2 x 2-bedroom = 3 spaces and 1 x 3-bedroom = 2 spaces dwellings. This would give a total onsite requirement of 37.5 car parking spaces and resultant shortfall of 5.5 spaces. It is acknowledged that the proposal provides for a modestly less than the desired maximum car parking provision. The Highways Officer, however, confirms that given the remote location of the scheme from the public highway and overall site area, any shortfall would be unlikely to result in severe harm to the safe operation of the public highway to result in a sustained highway objection on these grounds. Furthermore, the site is considered to be sustainably located within walking distance to the town centre with good access to both public transportation and services / facilities to lessen the reliance on car journeys / car ownership. As well, the scheme would be expected to provide for cycle parking stands in accordance with LP Parking Guidance standards. This matter could be suitably secured by means of a planning condition should Members be minded to approve the scheme.

7.32 With this in mind and in view of those conditions as recommended by the Local Highways Authority, the scheme, therefore, complies with the provisions of LP Policy CF6 and the NPPF.

Nature Conservation

7.33 LP Policy EQ5 ‘Biodiversity’ outlines that the biodiversity and geological resources of the plan area and its surroundings will be conserved and where possible enhanced by ensuring that development proposals do not result in significant harm to biodiversity or geodiversity interests. This is relevant in respect of both site layout and landscaping scheme matters.

7.34 In circumstances where the survey information for a European Protected species is more than 3 years old, it would be impossible for the Council to determine whether any identified mitigation measures previously identified would be adequate and it is highly unlikely that the applicant would be able to get an EPS licence from Natural England. An updated survey is therefore required as has been confirmed by DWT (Derbyshire Wildlife Trust). The ecological survey was undertaken in 2014 and so clearly it is now out of date. Maternity roosts for brown long-eared bat and pipistrelle bat were found to be present in the 2014 survey. The applicant is aware that updated bat surveys should now be undertaken in the spring / summer (optimum period May-August). This must be in accordance with the latest Bat Survey Guidance and undertaken by appropriately licensed and experienced ecologists to determine whether there have been any changes to the status of the bat roosts. If bats are still present, then sufficient information regarding mitigation should be submitted to allow the Council to carry out an appropriate assessment before the determination of the application.

7.35 As a consequence, the scheme conflicts with LP Policy EQ5 and NPPF paragraphs 170b), d) and 175a, which seek to ensure that developments recognises the wider benefits from ecosystems and conserves and does not significantly harm biodiversity. This would therefore lead to a recommendation of refusal on grounds of insufficient information to properly assess matters of biodiversity.

Technical Matters

7.36 LP Policy EQ10 ‘Pollution Control and Unstable Land’ seeks to protect people and the environment from unsafe and polluted environments, requiring mitigation if necessary. Given the location of the application site close to existing properties, care needs to be taken during the construction phase to ensure site related activities do not cause unreasonable disruption to the neighbour’s enjoyment of their properties. Accordingly, the Council’s Environmental Health Team has recommended a Construction and Demolition Works and Construction Method Statement condition. On matters of contamination and flood risk, these require conditions addressing site investigation and a drainage scheme based upon SuDs principles to be agreed. These matters could be suitably secured by means of a planning condition should Members be minded to approve the scheme.

7.37 Accordingly, the scheme is considered to comply with LP Policy EQ10 and the NPPF.

S106 Planning Obligations

Affordable Housing Provision

7.38 LP Policy H3 requires new residential development to provide a range of market and affordable housing types and sizes that can reasonably meet the requirements and future needs of a wide range of household types; the mix should contribute positively to the promotion of a sustainable and inclusive community taking into account the characteristics of the existing housing stock in the surrounding locality. LP Policy H4 also requires all new residential development to meet the requirements of local people by providing affordable housing within the overall provision of new residential development and for sites between 5-24 units (or larger than 0.16ha) the requirement is 20%. If the affordable housing requirement is not provided on site then a financial contribution towards the provision of affordable housing elsewhere will be sought by the Council. This was considered to be acceptable in the context of the existing scheme comprising mostly of apartment provision.

7.39 To date, only Blocks A and B have been completed along with 12 apartments provided in Corbar Hill House. Under planning approval ref. HPK/2002/0864, 28 of the 44 units granted permission have been built out and therefore 16 units remain unconstructed. A debt of £175,000 is already due under the old agreement in relation to part of the site that is already developed. A significant period of time has already been given to the applicant to pay the money that is due now and the applicant has been requested to pay the owed monies immediately to avoid any formal recovery action.

7.40 Separately, the Council’s Independent Consultant had undertaken a comprehensive review of scheme proposals and supporting appraisals submitted by the applicant to show that the proposed 15-unit scheme could support the required s106 contributions contrary to the applicant’s submissions on scheme viability matters. In these respects, the level of profit generated through the sale of the houses was considered to be sufficient for the developer to proceed with the scheme should s106 contributions be requested, including affordable housing provision. The further independent appraisal showed that the resultant surplus was £194,257. In these circumstances, it was considered that the required affordable housing provision for the current scheme proposal at £94,125 could be met by the applicant.

7.41 At the time, the original 106 was entered into, the commuted sum for affordable housing was worked out for the site as a whole and then an arbitrary split applied for the payment of the contribution. Evidently the equal split in contribution did not reflect an equal split in the numbers of units. So, if blocks C & D were not to be built, then in order to retain the affordable housing sum due, the Council reverted to a calculation on a unit by unit basis to establish the amount owed:

£350k / 44 units = £7,954 per unit £7,954 x 28 units completed = £222,727 commuted sum due This is in addition to the amount calculated at today’s figures for the number of new

units to be built in the new scheme standing at £94,125.

7.42 Although the number of units on the new application is below the 106 contribution threshold for affordable units the Council consider it to be part of the bigger development site as this scheme will replace the unimplemented part of the existing consent. If the additional amount due on a unit by unit basis is not paid then any release would clearly result in the loss of a significant amount towards affordable housing, which would be a material consideration in the consideration of the new application.

7.43 Following discussions, the applicant had agreed to the s106 Deed of Variation Heads of Terms as follows: A payment of £47,727 to be made at commencement of development finalising all outstanding payments of the extant permission. The payment of the £94,125 demanded by the new development will be paid upon occupation of the 7th unit.

7.44 In addition to the delay caused previously by the insolvency proceedings and dialogue regarding payment of the outstanding sum of £175,000 has meant that the Council is now concerned that enforcement of the s106 is in doubt hence any agreement with the applicant regarding the payment of commuted sum in lieu of affordable housing on site would have to include the £222,727 in respect of the 28 units already completed. This is in addition to the amount calculated at today’s figures for the number of new scheme units standing at £94,125 to give a total £316,852 to be secured by the s106 Deed of Variation.

7.45 No other Section 106 requirements are triggered as the 15 unit scheme is below the threshold for public open space. Previously, no education requirements were required by DCC (Derbyshire County Council). DCC Education has been reconsulted to ascertain whether this positioned has changed. Members will be notified on the Update Sheet.

7.46 Despite the passage of time, however, there is still no s106 Deed of Variation in place providing the necessary legal commitment for appropriate affordable housing provision, which would be triggered by the grant of planning permission. As a consequence this causes a conflict with LP Policies H3 and H4 in particular and the NPPF.

8. CONCLUSION AND BALANCE

8.1 The NPPF seeks to boost significantly the supply of housing and therefore the scheme would thus increase the supply and choice of housing in the Buxton area. The contribution to the economic dimension of sustainable development would include the jobs created during construction and the addition revenue through Council Tax. In addition to maintenance costs, the new residents would be likely to spend money on goods and services in the area, supporting the local economy. These social and economic benefits weigh in favour of the scheme caveated by the scheme’s scale proposing a total of 15 dwelling units.

8.2 The scheme conflicts with LP Policy EQ5 and NPPF paragraphs 170b), d) and 175a, which seek to ensure that developments recognises the wider benefits from ecosystems and does not significantly harm biodiversity interests. Currently, insufficient information has been submitted to properly assess matters of biodiversity. Furthermore, there is no completed s106 Deed of Variation in place providing the necessary legal commitment to secure appropriate affordable housing provision, which would be triggered by the grant of planning permission. In these circumstances, the scheme would make inadequate provision for affordable housing to create a conflict with LP Policies H3 and H4 in particular and the NPPF. The benefits of the scheme are no considered to outweigh the conflict the relevant policies in the adopted Local Plan concerning affordable housing provision and biodiversity interests.

8.3 In conclusion, the scheme proposal would not be a sustainable form of development as it would conflict with the development plan and the NPPF when taken as a whole, and

as there are no other material considerations that indicate planning permission should be granted. Neither would the scheme be made acceptable through the imposition of reasonable planning conditions.

8.4 Accordingly, the scheme is recommended for refusal.

9. RECOMMENDATION

A. Planning permission be refused as follows:

1. The scheme raises matters of insufficient information to properly assess matters of biodiversity in relation to out of date bat survey information. In these circumstances, it cannot be concluded with certainty that the proposal has demonstrated that it would not have a harmful effect on biodiversity. As a consequence, the scheme conflicts with LP Policy EQ5 and NPPF paragraphs 170b), d) and 175a, which seek to ensure that developments recognises the wider benefits from ecosystems and conserves and does not significantly harm biodiversity.

2. There is no completed s106 Deed of Variation in place providing the necessary legal commitment to secure a financial contribution totalling £316,852 towards appropriate affordable housing provision elsewhere within the borough, which would be triggered by the grant of planning permission of the scheme. In these circumstances, the scheme would make inadequate provision for affordable housing to create a conflict with Adopted Local Plan Policies H3 and H4 in particular and the NPPF.

B. In the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Head of Development Services has delegated authority to do so in consultation with the Chairman of the Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.

Informatives:

1. Prior to the determination of the application the Council advised the applicant that the principle of such development is unsustainable and did not conform to the provisions of the NPPF.

Location Plan

Document is Restricted

Agenda Item 13By virtue of paragraph(s) 2, 5 of Part 1 of Schedule 12Aof the Local Government Act 1972.