Agenda Or on the “Public Participation” Initiative Please Call Democratic Services on 01629 761133 Or Email Committee@:Derbyshiredales.Gov.Uk

This information is available free of charge in electronic, audio, Braille and large print versions on request.

For assistance in understanding or reading this document or specific information about this Agenda or on the “Public Participation” initiative please call Democratic Services on 01629 761133 or email committee@:derbyshiredales.gov.uk

07 November 2016

To: All Councillors

As a Member or Substitute of the Planning Committee, please treat this as your summons to attend a meeting on Tuesday 15 November 2016 at 6.00pm at The Venue, Wyaston Road, Ashbourne DE6 1NB – PLEASE NOTE CHANGE OF VENUE.

Yours sincerely

Sandra Lamb Head of Corporate Services AGENDA

SITE VISITS: The Committee is advised a coach will leave The Venue, Ashbourne at 1.55pm prompt. A schedule detailing the sites to be visited is attached to the Agenda.

1. APOLOGIES/SUBSTITUTES

Please advise the Committee Team on 01629 761133 or e-mail [email protected] of any apologies for absence and substitute arrangements.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Planning Committee – 11 October 2016

3. INTERESTS

Councillors are required to declare the existence and nature of any interests they may have in subsequent agenda items in accordance with the District Council’s Code of Conduct. Those Interests are matters that relate to money or that which can be valued in money, affecting the Councillor, her/his partner, extended family and close friends. Interests that become apparent at a later stage in the proceedings may be declared at that time. 4. APPLICATIONS FOR DETERMINATION

Please note that for the following items, references to financial, legal and environmental considerations and equal opportunities and disability issues will be embodied within the text of the report, where applicable.

1 Issued 07 November 2016

PUBLIC PARTICIPATION To provide members of the public WHO HAVE GIVEN PRIOR NOTICE (by no later than 12 Noon on the working day prior to the meeting) with the opportunity to express views, ask questions or submit petitions relating to planning applications under consideration. Representations will be invited immediately before the relevant item of business/planning application is discussed. Details of the Council’s Scheme are reproduced overleaf. To register to speak on-line, please click here www.derbyshiredales.gov.uk/attendameeting. Alternatively email [email protected] or telephone 01629 761133.

Page No.

4.1 APPLICATION NO. 16/00662/FUL (Site Visit) 6 – 14 Creation of a new driveway at Westwood, Clifton Road, Clifton.

4.2 APPLICATION NO. 16/00437/FUL (Site Visit) 15 – 40 Residential development for 35 dwellings with open space and associated infrastructure at Land North of Broomy Lane, Brailsford.

4.3 APPLICATION NO. 16/00567/OUT (Site Visit) 41 – 62

Outline application for residential development of up to 75 dwellings and associated access at Land off Main Road, Brailsford.

4.4 APPLICATION NO. 16/00581/FUL (Site Visit) 63 – 75

Installation of asphalt plant, change of use of land to B1, B2 and B8 use, and industrial building and engineering works at Manor Farm, Longcliffe, Brassington.

4.5 APPLICATION NO. 16/00579/FUL (Site Visit) 76 – 84

Erection of 4 No. dwellings at Honeysuckle Cottage, Longcliffe, Brassington.

4.6 APPLICATION NO. 14/00075/FUL 85 – 97

Formation of vehicular access to service potential employment development site at Land off Derby Road, Ashbourne.

4.7 APPLICATION NO. 15/00861/FUL 98 - 123

Residential development of 86 dwellings and associated public open space at Land East of Chesterfield Road / South of Quarry Lane, Matlock.

4.8 APPLICATION NO. 16/00430/FUL 124 - 131

Erection of dwelling, (Full) at The Woodyard, Pump Lane, Doveridge.

2 Issued 07 November 2016 4.9 APPLICATION NO. 16/00657/FUL 132 - 141 Demolition of agricultural building and erection of dwelling at Wallands Farmhouse, Brassington Road, Brassington. 5. INFORMATION ON ACTIVE AND CLOSED ENFORCEMENT 142 - 151 INVESTIGATIONS

6. APPEALS PROGRESS REPORT 152 - 165

To consider a status report on appeals made to the Planning Inspectorate.

Members of the Committee Councillors Garry Purdy (Chairman), Tony Millward BEM (Vice Chairman), Jason Atkin, Sue Burfoot, Sue Bull, Albert Catt, Tom Donnelly, Graham Elliott, Richard FitzHerbert, Chris Furness, Neil Horton, Jean Monks, Tony Morley, Mike Ratcliffe, Lewis Rose OBE, Peter Slack and Jo Wild. Substitute Members Deborah Botham, Jennifer Bower, Richard Bright, Martin Burfoot, Phil Chell, Ann Elliott, Helen Froggatt, Alyson Hill, Angus Jenkins, Vicky Massey-Bloodworth, Joyce Pawley, Mark Salt, Andrew Shirley, Andrew Statham, Jacquie Stevens, John Tibenham.

PUBLIC PARTICIPATION Members of the public may make a statement, petition or ask questions relating to planning applications or other agenda items in the non-exempt section of an agenda at meetings of the Planning Committee. The following procedure applies. a) Public Participation will be limited to one hour per meeting, with the discretion to extend exercised by the Committee Chairman (in consultation) in advance of the meeting. On line information points will make that clear in advance of registration to speak. b) Anyone wishing to make representations at a meeting must notify the Committee Section before Midday on the working day prior to the relevant meeting. At this time they will be asked to indicate to which item of business their representation relates, whether they are supporting or opposing the proposal and whether they are representing a town or parish council, a local resident or interested party. c) Those who indicate that they wish to make representations will be advised of the time that they need to arrive at the meeting venue so that the Committee Clerk can organise the representations and explain the procedure. d) Where more than 2 people are making similar representations, the Committee Administrator will seek to minimise duplication, for instance, by establishing if those present are willing to nominate a single spokesperson or otherwise co-operate in the presentation of their representations. e) Representations will only be allowed in respect of applications or items which are scheduled for debate at the relevant Committee meeting, f) Those making representations will be invited to do so in the following order, after the case officer has introduced any new information received following publication of the agenda and immediately before the relevant item of business is discussed. The following time limits will apply:

3 Issued 07 November 2016

Town and Parish Councils 3 minutes Objectors 3 minutes Ward Members 5 minutes Supporters 3 minutes Agent or Applicant 5 minutes

g) After the presentation it will be for the Chairman to decide whether any points need further elaboration or whether any questions which have been raised need to be dealt with by Officers j) The relevant Committee Chairman shall exercise discretion during the meeting to rule out immediately any comments by participants that are not directed to genuine planning considerations.

SITE VISITS Members will leave The Venue, Wyaston Road, Ashbourne DE6 1NB at 1.55pm prompt for the following site visits: Page No.

2.05pm APPLICATION NO. 16/00662/FUL 6 – 14

WESTWOOD, CLIFTON ROAD, CLIFTON.

Requested by Officers to allow Members to view the site and context. 2.35pm APPLICATION NO. 16/00437/FUL 15 – 40

LAND NORTH OF BROOMY DRIVE, BRAILSFORD.

Requested by Officers to enable Members to fully assess the impact of the development on the local environment. 3.00pm APPLICATION NO. 16/00567/OUT 41 – 62

LAND OFF MAIN ROAD, BRIALSFORD.

Requested by Officers to enable Members to fully assess the impact of the development on the local environment. 3.50pm APPLICATION NO. 16/00581/FUL 63 – 75

MANOR FARM, LONGCLIFFE.

Requested by Officers to enable Members to fully assess the impact of the development on the local environment. 4.15pm APPLICATION NO. 16/00579/FUL 76 - 84

HONEYSUCKLE COTTAGE, LONGCLIFFE.

To assess the context of the development and the impact upon the nearby heritage assets. 4.35pm RETURN TO THE VENUE, ASHBOURNE

4 Issued 07 November 2016

COMMITTEE SITE MEETING PROCEDURE The purpose of the site meeting is to enable the Committee Members to appraise the application site. The site visit is not a public meeting. No new drawings, letters of representation or other documents may be introduced at the site meeting. The procedure will be as follows:

1. A coach carrying Members of the Committee and a Planning Officer will arrive at the site as close as possible to the given time and Members will alight (weather permitting)

2. A representative of the Town/Parish Council and the applicant (or representative can attend.

3. The Chairman will ascertain who is present and address them to explain the purpose of the meeting and sequence of events.

4. The Planning Officer will give the reason for the site visit and point out site features.

5. Those present will be allowed to point out site features.

6. Those present will be allowed to give factual responses to questions from Members on site features.

7. The site meeting will be made with all those attending remaining together as a single group at all times.

8. The Chairman will terminate the meeting and Members will depart.

9. All persons attending are requested to refrain from smoking during site visits.

5 Issued 07 November 2016 Planning Committee 15th November 2016 Agenda Item 4.1

APPLICATION NUMBER 16/00662/FUL SITE ADDRESS: Westwood, Clifton Road, Clifton

DESCRIPTION OF DEVELOPMENT Creation of new driveway. CASE OFFICER Mr. A. T. Ecclestone APPLICANT Mr. McDonald PARISH/TOWN Clifton and Compton AGENT Mrs. Julia Allen WARD Cllr. Shirley. DETERMINATION 2nd November 2016 MEMBER(S) TARGET REASON FOR Number of REASON FOR To allow Members view the DETERMINATION representations SITE VISIT (IF site and context. BY COMMITTEE received. APPLICABLE)

MATERIAL PLANNING ISSUES

1. Highway Safety 2. Landscape Impact

RECOMMENDATION

Approval

6 7 THE SITE AND SURROUNDINGS The application property is situated on the A515 between Ashbourne and Clifton, to the south- west of the main roundabout where the A52 meets the A515. The application property is set back from the main road in an elevated position and has a shared drive with the neighbouring house which stands side-on to the busy main road.

The application site is the upward sloping field to the rear of the well-established roadside boundary hedge.

DETAILS OF THE APPLICATION The proposal is for the formation of a new and improved vehicular access. It will be positioned in the field some 40m closer towards Ashbourne. The new driveway will run parallel with the main road and the existing roadside boundary hedge will be removed. A new boundary hedge will be planted to the rear of the new visibility splay which will also screen the new driveway once it becomes established. The existing vehicular access will also be permanently closed off as a requirement of the Local Highway Authority.

In response to the objections received, the applicants have made the following comments: We wish to correct a number of erroneous statements and misunderstandings. Four of the objections are from members of the same family. There will be adequate turning space.

8 Traffic has increased considerably over the years. Note the neighbour’s discussions with the Police about lowering the speed limit and improved road signs. Disagree that the existing access is safe as it is. It is severely substandard and not safe. The drive will be designed so that headlights do not shine into the neighbour’s house. The design is not far worse. It has been drawn up with professional advice from the Local Highway Authority ensuring the best location to achieve maximum visibility in both directions. Currently visibility to the left is very limited due to the neighbour’s garden and wall and could only be increased by removing a considerable portion of their garden. The two columns either side of the drive belong to us and indeed have the name Westwood on them. Assume that the dispute has arisen out of a misunderstanding. We confirm that we own the drive and our neighbours have full access rights. These will remain unaffected and we are willing to have their deeds amended to this effect. We sought professional advice prior to submitting the application and kept our neighbours informed. We are flexible to accommodate our neighbours turning requirements. All we want is a safe drive.

PLANNING POLICY AND LEGISLATIVE FRAMEWORK Adopted Derbyshire Dales Local Plan (2005) SF4 Development In The Countryside SF5 Design And Appearance Of Development NBE7 Features Important In The Landscape NBE8 Landscape Character TR1 Access Requirements And The Impact Of New Development

National Planning Policy Framework (NPPF) Chapter 7 Requiring Good Design

RELEVANT PLANNING HISTORY None.

CONSULTATION RESPONSES Parish Council No objection.

Derbyshire County Council (Highways) No objection, subject to Conditions and footnotes.

REPRESENTATIONS RECEIVED 10 objections have been received which can be summarised as follows: • The current entrance is fine as it is. We have lived here for the past 46 years. There has never been an accident outside this driveway in all these years. This is a shared drive and we have not given our permission. This application is causing stress to family and friends. Car headlights will light up our cottage. • Both families have lived here for a number of years without any problems using the driveway. Coal and log delivery lorries do not have trouble. However, they will with the new proposal. It will be very difficult for deliveries because there is nowhere to turn. • The neighbours do not want this being imposed on them. They are happy with the existing situation. What is to happen to the existing entrance?

9 • After all these years, I see no reason to shut this driveway. We have visited many times and never had trouble getting in or out. If it isn’t broken, don’t bother fixing it. • The alternative is worse. It will be closer to the roundabout. There will be three drives in close proximity causing potential conflict. There has already been an accident at Lodge Rise. • We are in contact with the Police, who are in discussion with the Council about better road signs and traffic calming. We have asked for a speed camera. These were brought up well before the proposal to move the drive. • The new proposal would cause me more inconvenience and manoeuvring. • Concerned about the possible removal and repositioning of the historic entrance pillars / gate posts. These will not be inkeeping with the hedge. • Suggest an alternative which would not involve removing gate posts etc. • Concerned about the increased upkeep of the alternative.

5 representations of support have been received which can be summarised as follows: • The existing driveway exit is severely substandard and not fit for purpose. It is extremely difficult to get out of. It feels like you are taking your life in your hands every time you leave. Approaching traffic from both directions has increased in volume and speed over the years. This has been exacerbated recently by the development at Waterside Retail Park and the Veterinary Practice. Turning out of the driveway southwards, vehicles are forced, because of the angle of the exit, into the path of oncoming vehicles. It is not a question of if a serious accident will happen, more when. Something must be done before there is a bad accident.

OFFICER APPRAISAL The following material planning issues are relevant to this application: Highway Safety Landscape Impact

Highway Safety Policy TR1 of the Adopted Derbyshire Dales Local Plan (2005) - Access Requirements And The Impact Of New Development, requires that development is served by a safe access with appropriate gradient, width, alignment and visibility.

The existing vehicular access has been established for many years, but has severely substandard exit visibility which does not comply with current highway safety standards. There is no scope to make the necessary improvements to the existing access due to the land being in separate ownership. The proposed new access point has been agreed with the full cooperation of the Local Highway Authority and will provide a significant improvement on the current situation. It was noted by the Local Highway Authority that that although this offered significant improvements in terms of highway safety standards, it still does not fully comply with current guidance with regards to emerging visibility. Therefore, in order to justify allowing a substandard vehicular access to be constructed to the A515, the Local Highway Authority recommends the existing access is closed, so all traffic which currently uses the existing access will then use the new access.

10 Landscape Impact Policy SF4 of the Adopted Derbyshire Dales Local Plan (2005) - Development In The Countryside, requires that proposals are appropriate in nature and scale to the rural area, it preserves or enhances the character and appearance of the countryside and it minimises any adverse impact on the local environment.

Policy NBE7 of the Adopted Derbyshire Dales Local Plan (2005) – Features Important In The Landscape, only allows proposals which are likely to have an adverse impact on landscape features such as hedgerows where it can be demonstrated that the justification for the development outweighs the importance of the feature to the character and appearance of the immediate and wider landscape.

Policy NBE8 of the Adopted Derbyshire Dales Local Plan (2005), states that planning permission will only be granted for development that protects or enhances the character, appearance and local distinctiveness of the landscape.

The formation of the new access and driveway will require the removal of the existing roadside boundary hedge to accommodate the required visibility splays. This has the potential to cause visual harm to the countryside and local environment. In this case however, it is considered that there is sufficient justification for the development in terms of highway safety improvements, to outweigh any perceived harm to the local landscape caused by the removal of the existing boundary hedge, particularly as additional compensatory planting is also proposed.

Conclusion The improvement to highway safety is considered to be sufficient justification to outweigh the removal of the existing boundary hedge. The additional planting is considered to reasonably mitigate for the loss and will keep any adverse impact on the local environment to a minimum.

The objections have been taken into consideration whilst processing this application. However, the issues raised provide no grounds for refusing the application. Closing up the current severely substandard vehicular access is a requirement of the Local Highway Authority to justify allowing the new access.

RECOMMENDATION Planning Permission be granted conditionally.

1. Condition ST02a: Time Limit on Full.

2. Condition ST06: Amended Application (Revised Plans)… 20th October 2016… …JABD/167/003 Rev A…

3. Before any other operations are commenced, a new vehicular access shall be formed to the A515 in accordance with the submitted drawing numbered West-Top-01 and provided with visibility sightlines extending from a point 2.4 metres from the carriageway edge, measured along the centreline of the access to the extremities of the site frontage abutting the highway in each direction.

11 The land in advance of the visibility sightlines shall be retained throughout the life of the development free of any object greater than 1m in height (0.6m in the case of vegetation) relative to adjoining nearside carriageway channel level.

4. Before any other operations are commenced (excluding creation of the new access, the subject of Condition 3 above), the existing domestic and field vehicular access to the A515 shall be permanently closed with a physical barrier and the existing vehicle crossover reinstated as highway verge in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority.

5. Throughout the period of construction, vehicle wheel cleaning facilities shall be provided and retained within the site. All construction vehicles shall have their wheels cleaned before leaving the site in order to prevent the deposition of mud and other extraneous material on the public highway.

6. There shall be no gates or other barriers within 10m of the nearside highway boundary and any gates shall open inwards only, unless otherwise agreed in writing by the Local Planning Authority.

7. The proposed access drive to the A515 shall be no steeper than 1:15 for the first 5m from the nearside highway boundary and 1:10 thereafter.

8. Prior to the commencement of the development details shall be submitted to and approved in writing by the Local Planning Authority showing the means to prevent the discharge of water from the site onto the highway. The approved scheme shall be undertaken and completed prior to the first use of the access and retained as such thereafter.

Reasons:

1. Reason ST02a.

2. Reason ST06.

3. In the interests of highway safety and in accordance with Policy TR1 of the Adopted Derbyshire Dales Local Plan (2005).

4. In the interests of highway safety and in accordance with Policy TR1 of the Adopted Derbyshire Dales Local Plan (2005).

5. In the interests of highway safety and in accordance with Policy TR1 of the Adopted Derbyshire Dales Local Plan (2005).

6. In the interests of highway safety and in accordance with Policy TR1 of the Adopted Derbyshire Dales Local Plan (2005).

7. In the interests of highway safety and in accordance with Policy TR1 of the Adopted Derbyshire Dales Local Plan (2005).

12 8. In the interests of highway safety and in accordance with Policy TR1 of the Adopted Derbyshire Dales Local Plan (2005).

NOTE TO APPLICANT

This Decision Notice relates to the following documents: Drawings numbered JABD/167/001 Rev.A, received by the Council on 7th September 2016 and drawing numbered JABD/167/003 Rev A, received by the Council on 20th October 2016.

Prior to the submission of the application, the applicant engaged in a positive and proactive dialogue with the Local Highway Authority, which resulted in the submission of a scheme that took into consideration its context within the surrounding area.

Pursuant to Section 184 of the Highways Act 1980 and Section 86(4) of the New Roads and Streetworks Act 1991 prior notification shall be given to the Department of Economy Transport & Environment at County Hall, Matlock regarding access works within the highway. Information and relevant application forms regarding the undertaking of access works within highway limits are available via the County Council’s website http://www.derbyshire.gov.uk/transport_roads/roads_traffic/development_control/vehicular_ac cess/default.asp , email [email protected] or telephone Call Derbyshire on 01629 533190.

Pursuant to Section 127 of the Highways Act 1980, no works may commence within the limits of the public highway to close the existing vehicular access and reinstate the grass verge without the formal written Agreement of the County Council as Highway Authority. It must be ensured that public transport services in the vicinity of the site are not adversely affected by the development works. Advice regarding the technical, legal, administrative and financial processes involved in Section 127 Agreements may be obtained by contacting this Authority via email – [email protected] The applicant is advised to allow approximately 12 weeks in any programme of works to obtain a Section 127 Agreement.

The Highway Authority recommends that the first 5m of the proposed access driveway should not be surfaced with a loose material (i.e. unbound chippings or gravel etc.). In the event that loose material is transferred to the highway and is regarded as a hazard or nuisance to highway users, the Highway Authority reserves the right to take any necessary action against the householder.

Pursuant to Section 163 of the Highways Act 1980, where the site curtilage slopes down towards the public highway, measures shall be taken to ensure that surface water run-off from within the site is not permitted to discharge across the footway margin. This usually takes the form of a dish channel or gulley, laid across the access immediately behind the back edge of the highway, discharging to a drain or soakaway within the site.

Pursuant to Sections 149 and 151 of the Highways Act 1980, the applicant must take all necessary steps to ensure that mud or other extraneous material is not carried out of the site and deposited on the public highway. Should such deposits occur, it is the applicant’s responsibility to ensure that all reasonable steps (e.g. street sweeping) are taken to maintain the roads in the vicinity of the site to a satisfactory level of cleanliness.

13 Construction works are likely to require Traffic Management and advice regarding procedures should be sought from Dave Bailey, Traffic Management - telephone 01629 538686.

Article 21 of the Town and Country Planning (General Development Procedure Order) 1995 provides for written confirmation to be obtained from a Local Planning Authority that a Condition or limitation attached to a grant of Planning Permission has been complied with.

The Town and Country Planning (Fees for Applications and Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (SI 2012/2920) stipulate that a fee will henceforth be payable where a written request is received in accordance with Article 30 of the Town and Country Planning (Development Management Procedure) Order 2010. Where written confirmation is required that one or more Conditions imposed on the same permission have been complied with, the fee chargeable by the Authority is £97 per request or £28 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. The fee must be paid when the request is made and cannot be required retrospectively. Further advice in regard to these provisions is contained in DCLG Circular 04/2008.

14 Planning Committee 15th November 2016 Agenda Item 4.2

APPLICATION NUMBER 16/00437/FUL SITE ADDRESS: Land North of Broomy Drive, Brailsford

DESCRIPTION OF DEVELOPMENT Residential Development for 35 Dwellings with Open Space and Associated Infrastructure

CASE OFFICER Mr Chris Whitmore APPLICANT Mrs Helen Dawkins PARISH Brailsford AGENT None

WARD Cllr. Jenkins DETERMINATION 3rd October 2016 MEMBER(S) TARGET REASON FOR Major application REASON FOR At the request of Officers to DETERMINATION SITE VISIT (IF allow Member’s to fully BY COMMITTEE APPLICABLE) assess the impact of the development on the local environment

MATERIAL PLANNING ISSUES • The appropriateness of the amount of development and the sustainability of the location, in terms of access to services and facilities; • the impact of the development on the local landscape and character and appearance of the surrounding area; • the appropriateness of the layout and design of the proposed dwellings; • the impact of the development on the local environment, including hedgerows, trees and ecology; • whether there would be any highway safety implications; • the level, nature and weight to be attributed to any developer contributions, including affordable housing and impact on existing infrastructure; • the loss of agricultural land; • the housing mix; • whether there would be any amenity implications, and; • Surface water drainage.

RECOMMENDATION

Approval with conditions

15 16 1.0 THE SITE AND SURROUNDINGS

1.1 The site comprises the remnants of an agricultural field, some 1.24ha in area to the north west of ‘Dales View’ development being constructed by Miller Homes off Luke Lane, Brailsford (see figure 1). The site is bound on its south, west and northern sides by established hedgerows and mature hedgerow trees (see figures 2 and 3). To the east beyond a mesh fence is the new primary school playing fields and multi-use games area (see figure 4). The site falls gently in a south westerly direction.

(Figure 1) (Figure 2)

(Figure 3) (Figure 4)

2.0 DETAILS OF THE APPLICATION

2.1 Full planning permission is sought to construct 35 dwellings on the site. At the south western corner of the site a balancing facility in the form on an attenuation pond is shown. It is proposed to continue Broomy Drive, through a gap that has been formed in the southern boundary hedgerow, up to a turning head at the north western end of the site. Some properties will be accessed off the main spine road and others will be accessed off small service roads. At the western end of the site and to the south, overlooking the balancing facility larger detached dwellings are shown. Development is denser to the east, either side of an area of public open space. Houses in this location are mainly semi- detached or terraced. A variety of house types, faced in a mixture of red brick and render are proposed. All of the properties are of a traditional appearance. Some of the house types and design features of the dwellings to the south (forming part of the first phase of development) are repeated in the design of the dwellings proposed as part of this

17 application, including the appearance of porches, lintel detailing and chimney stacks to certain house types.

2.2 A total of eleven affordable dwellings (31.4% of the total provision of new housing) are proposed as part of this application. These will be sited at the north eastern end of the site and will comprise two 2 bedroomed bungalows, one 3 bed bedroomed dwellings, two. 2 bedroomed and two 1 bedroomed apartments and four 2 bedroomed dwellings. The remaining twenty four open market dwellings will comprise two 2 bedroomed bungalows, five 2 bedroomed semi-detached dwellings, eleven 3 bedroomed semi-detached and detached dwellings, four 4 bedroomed and two 5 bedroomed detached dwellings.

2.3 The application is accompanied by a design and access statement, highways statement, flood risk assessment, geophysical survey, materials layout plan, detailed drawings of the various house types and site layout, street scene perspective drawings, phase II geo- environmental investigation, topographical survey, arboricultural assessment and preliminary ecological appraisal. All of this supporting information has been retained on the public file for examination and comment and circulated to consultees. They are referred to, where necessary and pertinent in the ‘Issues’ section of the report.

3.0 PLANNING POLICY AND LEGISLATIVE FRAMEWORK 3.1 Adopted Derbyshire Dales Local Plan (2005):

SF4 Development in the Countryside SF5 Design and Appearance of Development SF6 Protection of the Best Agricultural Land SF7 Waste Management and Recycling SF8 Catering for the Needs of People with Disabilities in Development and Redevelopment H4 Housing Development Outside Settlement Frameworks H9 Design and Appearance of New Housing H13 Affordable Housing - Exceptional Sites in Rural Areas NBE5 Development Affecting Species Protected by Law or are Nationally Rare NBE6 Trees and Woodlands NBE7 Features Important in the Landscape NBE8 Landscape Character NBE12 Foul Sewage NBE26 Landscape Design in Association with New Development NBE27 Crime Prevention L6 Outdoor Playing Space in New Housing Developments TR1 Access Requirements and the Impact of New Development TR8 Parking Requirements for New Development

3.3 Other National Planning Policy Framework (2012) National Planning Practice Guidance Emerging Derbyshire Dales Local Plan: o Policy S3: Settlement Hierarchy o Policy HC1: Location of Housing Development o Policy HC2: Housing Land Allocations - the site is allocated for 35 units. o Policy HC4: Affordable Housing o Policy HC10: Housing Mix and Type Wildlife and Countryside Act 1981 EC Birds and Habitats Directive (92/43/EEC) The Conservation (Natural Habitats etc) Regulations 1994 Derbyshire Dales District Council Supplementary Planning Documents • Landscape Character and Design 18 • Affordable Housing

4.0 RELEVANT PLANNING HISTORY

4.1 13/00826/FUL Erection of 50 dwellings and primary school with associated infrastructure and amenity spaces on the adjoining site - Granted

5.0 CONSULTATION RESPONSES

5.1 Brailsford Parish Council:

The Parish Council make the following comments in objecting to the proposed development:-

1. The NPPF sets out to encourage sustainable development in areas where a need has been established. Although DDDC have established a need in the draft local plan, it does not establish there is such a need in the village settlement of Brailsford. Furthermore the PC questions the basis of the settlement hierarchy as per the comments submitted in the LP consultation e.g. the size of the village (950 residents against 450), the employment opportunities and the capacity of the amenities to accommodate such a significant growth. The sustainability of the extended site has not been established and does not justify development of this scale in the village settlement, particularly as DDDC recommended 26 houses as opposed to the 35 that are proposed.

2. Policy N9 of the draft local plan addresses the appearance and design of a development and its dwellings and Policy SF5 addresses the design and appearance of development sites and requires that the scale, density, massing, height and layout preserves the quality and local distinctiveness. Comparisons will inevitably be drawn to existing developments which have previously been approved and no example will be made of recent developments which are in keeping and a good example such as Saracens Court. The planning application is in detail form and does not address the above policy criteria. Virtually no account has been taken of the character of the village settlement and its history and merely superimposes an urban design into what is essentially a rural setting. Whilst a village green approach is welcome, plots number 17 to 36 offer no variation in their setting and are essentially in bland linear blocks, and although there is some variety to external wall finishes and roof tiles, further variety and thought needs to be given to the appearance of garage blocks and visible boundaries.

3. The access to the site is off Luke Lane within close proximity to the recently opened primary school. Objection. We feel that the siting of the access and the overall environment of Luke Lane will have a severe impact on safety, both for pedestrians and road users for a number of reasons: The character of the openings onto Luke Lane are a mixture of adopted highway access points for example to Throstle Nest Way, and numerous private drives which has now been compounded by the new school, a further 35 houses from this application, and the increased level of traffic including a higher than national average of HGV's and the likely development of the old dairy site for housing or employment use. The overall effect is to complicate and confuse road users which may lead to mistakes and misjudgements which will in turn are more likely to lead to accidents. In addition we understand that a travel plan for the adjacent primary school as proposed has not been prepared in conjunction with DCC, and therefore the original design of Luke Lane and its junctions certainly did not take in to account its present anticipated use and to all intents and purpose is now not fit for purpose.

4. The density and size of the site is in excess of para 2.36 of the SHELA which adopts a density of 28 properties per hectare where 25 is probably more appropriate for a rural 19 area. This site's capacity on 0.91 Ha is what was originally proposed by DDDC at 26 houses and not the 35 as proposed.

5.2 Derbyshire County Council (Highways):

Initial response:

Whilst this and the adjoining development site share a common site boundary modifications will be required to the highway layout within ‘phase 1’ in order to provide an access route to serve this development. The road layout within ‘phase 1’, did not originally extend up to the site boundary - this was left as an unconstructed ‘gap’ between dwellings. Certain modifications are therefore likely to be required to the previously approved scheme to enable vehicular access to be derived via this route. A detailed access arrangement should be provided, including any modifications required to the existing junction within ‘phase 1’ (to provide acceptable visibility sightlines – 2.4m x 25m minimum) and extension of the carriageway and footways between plots 26 and 27 (phase 1); the application site boundary being extended to cover these elements, to ensure they can be secured via condition.

The Local Highway Authority advise that whilst the proposals are likely to be acceptable in principle to the Highway Authority there are a number of access and layout issues to be resolved including the level of visibility from private spur roads the ability of large refuse vehicles to manoeuvre around the site without overrunning private drive areas, visibility sightlines around the bend in the street alignment fronting plot 9, location of some parking spaces and the access road width serving plots 17-27 and have questioned whether direct access to the new school has been considered.

Following receipt of the above comments, the applicant has increased visitor parking spaces from 3 to 6, enlarged the turning head and increased the road width serving plots 17-27 to 5m. They have advised that they are unable to provide a link to the school for security reasons as phase 2 adjoins the MUGA and private playground of the School.

Second response:

The applicant appears to have taken on board the Highway Authority’s previous comments regarding modifications to the layout, which is now considered generally acceptable in highway terms. A number of conditions and advisory footnotes are recommended in the interests of highway safety.

5.3 Derbyshire County Council (Land Drainage)

It is noted from the Flood Risk Assessment (FRA) provided with the application that the intention regarding surface water is to discharge off site to a newly constructed sewer. Surface water will be discharged via an attenuation pond at a greenfield rate of 3.2 l/s and the pond will be sized to accommodate a modelled 1 in 100 year rainfall event plus an allowance of 40% for climate change.

The calculations used to size the attenuation pond are based on an impermeable area (post development) of 0.533 ha, this equates to 25% of the total site area. Should the application progress the County Council Flood Risk Management (FRM) team would expect confirmation of the attenuation size and impermeable area. A condition is recommended to agree the detailed design and associated management and maintenance of surface water drainage features for the site in addition to a number of advisory footnotes.

20 5.4 Derbyshire County Council (Strategic Planning)

Request that the development be afforded access to high speed broadband services and £85,880.85 towards the provision of 5 secondary places at Queen Elizabeth’s Grammar School; and £37,255.80 towards the provision of 2 post-16 places at Queen Elizabeth’s Grammar School.

The County Council advise that contribution of £85,880.85 would be used to help deliver 5 secondary places via “Queen Elizabeth’s Grammar School Project B: Additional Classrooms”. The contribution of £37,255.80 would be used to help deliver 2 post-16 places via “Queen Elizabeth’s Grammar School Project C: Extension to post-16 accommodation”.

It is considered that there is capacity within the new primary school to accommodate pupil numbers generated from the development and other sites coming forward in the local area.

5.5 Landscape Design Officer (Derbyshire Dales)

There are a number of concerns with the layout as submitted:

It is most important that existing landscape features namely, field boundary hedgerows and mature hedgerow trees are retained and enhanced in such a way that they thrive in the long term. There are aspects of the proposed layout that put them at risk:

Proximity of tree T6 to unit 12. There is no room left for the tree to grow. It is likely that over-shading of the garden will cause nuisance and lead to the removal or heavy pruning of the tree.

Other parts of the development are positioned too close to the main landscape features:

• Access road in the west is hard-up against the boundary hedge and tree T6. The works are likely to cause damage to both. Neither the hedge nor the tree have room to develop and is likely that both will suffer as a result.

• Both unit 13 and its garage are positioned too close to the hedge. Works are likely to cause damage while leaving no room for the hedges to develop. They are likely to suffer as a result.

The SUDS pond is tucked away in the corner. I appreciate that it should be positioned at the lowest point on the site but the other area of open space should be laid out in conjunction with it in order to create a meaningful feature neither area is of much use on its own.

5.6 Strategic Housing (Derbyshire Dales)

The mix we require on site is as follows (based on 11 affordable on site):

• 2 x 1 bed 2 person flats and 2 x 2 bed 3 person flats in the form of one block where each property has its own front door (all be for rent).

• 4 x 2 bed 4 person houses. Two for rent and two for shared ownership.

• 2 x 2 bed 4 person bungalows for rent to M4(3) Wheelchair user dwelling.

• 1 x 3 bed 5 person house for rent. 21 Efforts should be made to pepper-pot the affordable housing.

5.7 Crime Prevention Design Adviser:

The scale of the application doesn’t fall within the current referral threshold of 50+ units, but as the site is part of the wider Miller Homes development area, for consistency I’ve looked at the application and would offer the following observations.

Primarily the layout, massing, treatment and boundaries for the proposal are good.

The one area I would think could be improved is the layout around plots 17-21, particularly in respect of parking which is under supervised.

The allocated parking is set behind the rear garden wall of plot 16 and to the side of plot 17, with only a very small landing window to the side elevation of plot 17 providing a view of the parking.

Plots 18-21 have no visual connection to their allocated parking. A redesign of this small portion of the site to address the issue would improve the development markedly from a community safety perspective.

It would be my usual practice to ask for secure communal gating for any shared rear garden access routes, to be robust and visually permeable (preferably ironwork), usually situated on the front building line and key lockable from both sides.

In the case of this site the affected plots are 18/19, 20/21 and 30/31 (located at the rear of parking plots spaces for plots 28 and 32)

5.8 Southern Derbyshire CCG:

Southern Derbyshire CCG have looked at the GP Practice that serves the area of the new housing development at land north of Broomy Drive, Brailsford and has advised that it does not have any spare capacity to manage increased patient demand. Southern Derbyshire CCG have therefore requested that monies are secured by s106, based on national health index formula sq. m calculations for capital works based on anticipated patient numbers. A figure of £13,390 has been calculated.

5.9 Environment Agency:

The proposal is of low environmental risk and we have no detailed comments to make.

5.10 Development Control Archaeologist (Derbyshire County Council):

The proposal site was subject to archaeological evaluation (geophysics and trial trenching) as part of the neighbouring Luke Lane proposals and found to have no archaeological significance.

5.11 Natural England:

Do not wish to comment

22 5.12 Derbyshire Wildlife Trust (DWT):

Initial Response:

DWT have previously commented on the adjacent application which has confirmed GCN present in the ponds surveyed by Brindle and Green. Furthermore, the ponds are subject to population monitoring surveys as part of the Natural England licence application for the adjacent site (a medium population is noted in the ponds). Therefore, conducting presence/absence surveys alongside population monitoring surveys is ill-advised and is not recommended. Rather than additional surveys, it is recommended that a detailed GCN mitigation strategy is prepared and submitted for the application (Natural England licence will be required for the site). Furthermore, the current layout plans lack suitable green space and adequate retention of habitats for a medium population of GCN. It is also noted from the layout plan that although the hedgerows have been largely retained, the majority have been incorporated within the curtilage of new dwellings. We would not recommend this approach as the long-term retention and appropriate management of the hedgerows cannot be guaranteed and their value as wildlife corridors will diminish as a result; this will also impact terrestrial GCN.

Breeding bird surveys have also been undertaken on the adjacent site, due to the small scale size of the site, it is considered disproportionate to conduct breeding bird surveys.

Two trees have been identified for their suitability for roosting bats, in addition the site provides suitable foraging and commuting habitat for bats. Lighting will play a key role in this development, therefore it is highly recommended that nocturnal surveys of the trees, transects and static surveys are undertaken. Previous surveys of the adjacent site noted clear flight paths for bats, with the current layout proposals illustrating the hedgerows and trees in gardens (as discussed above) the additional surveys will provided further details on the site’s current usage by bats.

With the above in mind, the proposed development will largely take previously undeveloped grassland, and the ecological assessment work must therefore play a pivotal role in informing the site layout and which areas are to remain unbuilt. Site master planning and layout should have regard to the existing site constraints and opportunities, with existing landscape and biodiversity features retained and enhanced, wherever possible, providing a network around which a built development can be designed.

DWT advised that additional ecological survey work (nocturnal surveys for bats) and detailed GCN mitigation strategy, as well as a revised layout be undertaken prior to determination of the application. The applicant carried out such work which was presented to DWT for comment.

Second response:

The site layout has ensured that the majority of hedgerows and especially the western hedgerows are not within residential gardens and are instead accessible for appropriate management in the future. This is welcomed. The proposed wildlife corridor along the western boundary and the incorporation of the pond is considered to be appropriately sited and of a sufficient size. If the Council are minded to grant planning permission a series of conditions to prevent the removal of vegetation during the bird nesting season, secure an appropriate scheme of lighting, that the applicant obtains EPS licence and a Landscape and Ecological Management Plan are recommended.

23 5.13 Principal Environmental Health Officer:

Raise no objections from an environmental health perspective.

6.0 REPRESENTATIONS RECEIVED

6.1 A total of 18 representations have been received, 16 of which object to the proposed development. The points which relate to material planning matters can be summarised as follows:

Principle

The site was allocated in the emerging local plan for 26 houses, not 35. Given that there are 9 tier 3 villages, it is totally unacceptable that Brailsford should absorb over 30% of the new build requirement especially when 5 have a higher point count and 2 have no allocations at all. There are other suitable sites in the local area which could accommodate more dwellings in much more suitable locations. This is a greenfield site. Brownfield sites should be developed first. Together with all the other proposals it will double the size of the village in one year. The development will destroy farmland and impact on wildlife. To date, developers have submitted planning applications for 180 new houses in and around Brailsford village. The bulk of the developments are on green belt land. The village will no longer be a village. The emerging local plan envisages 118 new houses in Brailsford. These proposals if allowed would result in 106 new houses being built. The viability study should have ensured adequate profitability from the original number of 26 units. The total number of houses in the two Miller developments would make up a total of 82. This is too large a single development for a small village with no sensible segmentation to encourage local neighbourly interaction.

Sustainability of location

Brailsford does not have any employment opportunities. Although considered to be within walking distance, the facilities in the village are usually accessed by car because of the difficulties and danger of the A52 standing between the housing to the North and the amenities which are to the South of the A52. It is well known that the public transport provision is inadequate for most residents of this rural community and the car is the only viable choice. Buses may be regular but are infrequent and are known on occasion not to take on passengers in Brailsford because they have been filled at stops to the West of the village on the way to Derby.

Impact on the local landscape / character and appearance of the surrounding area

The estate is not in keeping with a rural community. The urban style of the housing on the 1st phase is bland and unattractive. The houses must be in small clusters with a village emphasis. 35 units is too intense. The site is highly visible on the skyline being on a sloping site at the entrance to the village. The housing styles are inappropriate to a rural area – reference is made to closed cul-de- sacs and flat fronted houses. There is insufficient planting to existing hedgerows. Rural style gates, gravel and hazel / wooden four bar post and rail should be a condition. 24 The density is too high. The style of the housing is bland and not in-keeping with a village. The development will create an urban sprawl. There should be better provision for green spaces within the development. The houses are too urban in style to fit in with the local vernacular. The developer is using their stock housing which is used in their suburban developments and it does not give Luke Lane the feeling of a rural community. Brailsford comprises a large variety of housing and the use of a wide variety of designs would increase the feeling that the development is set in the beautiful Derbyshire Dales and not the suburb of a city. It's not too late to stop urbanising our village. The character of the village is essentially formed by a number of individual houses and small developments, typically of not more than 10 houses. The existing Miller Homes development is already out of keeping with this character, and under no circumstances should it be allowed to be extended. Any permission for development on this site should only be granted on the basis that it be divided into separate developments each of no more than 10 houses, and each to be developed by different builders not including Miller Homes, each with distinct designs, materials and styles of housing, creating a number of neighbourhoods similar to those already in place in the village. Under no circumstances should planning permission be given for any further houses of similar "urban" design to those in the recent Miller Homes development. The proposed estate will further erode the nature of this traditional village, which has grown in a gradual, piecemeal way. The lack of garden space will disfigure the development due to the placement of wheelie bins at the front of the houses on the street. Particular reference is made to the affordable homes, which are segregated from the market properties.

Housing Mix

The type of houses built by the applicant are usually large (four or five bedrooms) and are not intended for local people. Smaller affordable houses are required and bungalows.

Highway safety

The proposed access through the recently built Miller Estate of 49 houses adjacent to new school with over 120 additional cars from the full estate of 84 dwellings using Luke Lane, will cause stacking at the junction both incoming and outgoing on the A52 to exceed capacity. Traffic on the A52 is already nearing capacity Reference is made to a number of accidents that have been recorded on the A52 near Brailsford. Wait times turning out onto the A52 are already 15 mins at peak times turning right. This development should be delayed, then if further development is needed at a later date linked to the Gladman proposal which exits straight on to the A52 thus causing less congestion on Luke Lane which is becoming dangerous with the combination of HGVs and school traffic. Proposed growth is north of the A52 whereas many village facilities and amenities are on the south side. More traffic controls will be needed to allow safe access from one side of the A52 to the other. Additional parking should be provided, particularly near the new school. Consideration should be given to traffic lights at the Luke Lane / A52 junction. Parking spaces to the rear of the school would greatly alleviate the difficulties currently experienced by residents and through traffic, especially the large lorries coming to and from the quarries. The policy to not provide parking is simply not suitable in a rural community when, for anyone living outside the core of Brailsford village (and the school catchment includes 25 three villages and outlying properties as well as students from outside the area), there is a journey of over a mile along single track lanes or the enormously busy A52 which is simply unfeasible with small children. Any approval must consider appropriate traffic calming, and address the issue of people being able to turn out of Luke Lane onto the A52 which can already be very slow. It is welcome to see the level of parking provision seems to be sufficient. However the internal width of the garages is 3m and is insufficient for ready access into and out of vehicles and will result in many garage spaces not being used for car parking. Without a more practical width the amount of parking elsewhere will become problematic for the development.

Impact on local infrastructure

Water pressure in the Luke Lane and North Lane areas can be lost. The existing drains will not be able to cope with the additional surface water run-off. The sewerage treatment works does not have the capacity to cope with the amount of new development coming forward. The school will soon be at capacity. The medical centre is over capacity. Power supply and roads cannot support the increase in housing being proposed. Approval should be contingent on finding a solution to the provision of sufficient capacity at the doctors' surgery in the village, and in particular the provision of sufficient parking, which already regularly overflows the available space, causing constriction of the lane. The green space should be properly equipped as a play area. The original scheme for 49 houses did not provide for such a facility and if this extension is approved then one such should be provided. A swale is proposed which will hold back surges of water from heavy downpours. It does however increase the flow of surface water into the drains into which it connects. Most people in the village have seen flooding on Main Road as a result of heavy rain. Both this development and the Richborough development will contribute increased flows.

Other matters

The development will result in light, noise and traffic pollution and litter. In support of the application it is opined that of all the sites proposed for such development this one will have the least impact on the existing village in terms of visual impact and additional noise. It is however requested that the Local Planning Authority makes the most of the opportunity to enhance the lives of the local community, including making more provision for parking. The very small gardens will have insufficient space for sheds for tools and bicycle storage etc. (or for bins). Where will unsightly bins be stored. A community contribution from the developer, the new housing bonus and section 106 payment should be made available for improvement and provision of amenities in the village. These are not adequate for the substantial increase in population resulting from this and other house building. Improvements to the Institute and provision for Scouts and Cubs are two requirements for a start.

7.0 OFFICER APPRAISAL

Planning Policy Context

7.1 Before assessing the planning merits of this particular application, it is important to set out the policy context (local and national) and the weight to be given to the different components of the development plan.

26 7.2 The Derbyshire Dales Local Plan, adopted in 2005 comprises the development plan for the area. Its policies have been saved and continue to be relevant where they are consistent with guidance contained within the National Planning Policy Framework (2012). The National Planning Policy Framework (NPPF) was published in March 2012. Whilst the Framework does not change the statutory status of the development plan as the starting point for decision-making, policies contained within the Framework are material considerations which must be taken into account.

7.3 Based on up to date analysis of development that will come forward in the next five years the Council can identify a rolling five year supply of housing land. It is also the case that policies and strategic allocations within the emerging local plan, including delivery of the housing on the application site, will also provide enough housing land throughout the plan period to meet the District Councils objectively assessed housing needs. Whilst helpful in setting out the District Councils position with regard to meeting its strategic housing objectives, it is acknowledged that the emerging local plan is at an early stage in the plan making process and policies and strategic land allocations contained within it cannot be afforded any significant weight at this time.

7.4 Housing policies contained within the Adopted Derbyshire Dales Local Plan (2005) do not envisage new housing development beyond the plan period and is based on outdated housing needs information. As such, the housing policies in the adopted local plan are considered to be out of date. In such cases where the development plan is absent, silent or relevant policies are out of date planning decisions should be made in accordance with paragraph 14 of the National Planning Policy Framework which states that planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework taken as a whole.

7.5 The remainder of this report will analyse the scheme against this guidance. In making a balanced judgement the decision taker is effectively asked to weigh the economic, social and environmental benefits and disbenefits against one another and only where those disbenefits significantly and demonstrably outweigh the benefits reject the scheme.

7.6 Having regard to the policies of the development plan, which can be afforded weight, guidance contained within the National Planning Policy Framework (NPPF) and responses received the main issues to assess are:

• The appropriateness of the amount of development and the sustainability of the location, in terms of access to services and facilities; • the impact of the development on the local landscape and character and appearance of the surrounding area; • the appropriateness of the layout and design of the proposed dwellings; • the impact of the development on the local environment, including hedgerows, trees and ecology; • whether there would be any highway safety implications; • the level, nature and weight to be attributed to any developer contributions, including affordable housing and impact on existing infrastructure • the loss of agricultural land; • the housing mix; • whether there would be any amenity implications, and; • Surface water drainage.

Although noise, light and air pollution has been raised by a member of the public this is not seen as a constraint to development. It has been demonstrated that the development is unlikely to adversely impact on below ground archaeology and there are no nearby heritage assets that would be adversely affected by the proposed development. 27 The appropriateness of the amount of development and the sustainability of the location, in terms of access to services and facilities

7.8 The assessment concludes that Brailsford, as a larger village within the plan area should be considered an ‘Accessible Settlement with Limited Facilities’. Villages in this category possessing a limited level of facilities and services that, together with improved local employment provide the best opportunities outside the first and second tier settlements for greater self-containment and for reduced levels of development in comparison to high order settlements in order to safeguard their role consistent with maintaining or enhancing key environmental attributes. Unrestricted levels of development in villages in this category would, however, be inappropriate.

7.9 The site is allocated in the pre-submission draft of the emerging Derbyshire Dales local plan with an identified capacity of 35 units. The number of new dwellings proposed as part of this application would be consistent with the draft allocation and combined with the other allocated housing sites would represent an acceptable level of growth. Brailsford scores relatively highly in the Settlement Hierarchy Assessment carried out by Derbyshire Dales District Council. Few employment opportunities (a point raised by local residents) in the village and its proximity to employment centres results in a low economic score. The village, however, attracts a high social score due to the range of services available to its residents. Residents currently have access to a community hall, convenience store, GP surgery, pharmacy, primary school, post office, public house and a regular bus service that operates between 8am and 6pm 7 days a week between Derby and Ashbourne. The village is also an 11 minute drive from Ashbourne, a main market town within the Derbyshire Dales District.

The impact of the development on the local landscape and character and appearance of the surrounding area

7.10 Policy NBE8 of the Adopted Derbyshire Dales Local Plan (2005) seeks to protect the character of local landscapes. Planning Inspectors have, however, in recent appeal decisions concluded that it should only be afforded limited weight as it is at odds with the Frameworks more balanced approach to determining planning applications. Notwithstanding this the Ministerial Statement made by Brandon Lewis MP on 27th March 2015 recognises the importance of fully considering the impact of development on landscape character, which he recognises as an important material consideration in decision-making, even outside areas with statutory protection.

7.11 An assessment of the landscape which was carried out in the assessment of the site as part of the Strategic Housing and Employment Land Availability Assessment concluded that there was capacity for development across most of the site and that sensitivity to housing development in landscape terms was low. The assessment recommended that boundary hedgerows and hedgerow trees be retained and that hedgerows on the southern and western sides be improved to provide screening. The development makes provision 28 for existing hedgerow and hedgerow trees which could be strengthened to provide an effective screen / settlement edge. Given the close association of the site to the first phase of development and proximity to the village centre it is considered that the new housing would have minimal impact on the local landscape and settlement pattern.

7.12 Although concerns have been raised with regard to the connectivity of the two areas of open space, the topography of the site and position of the main spine road and layout of the houses which has been drawn up in response to the sites context is such that it is not possible to link the two areas without having a detrimental impact on the character and appearance of the surrounding area.

The appropriateness of the layout and design of the proposed dwellings

7.13 Paragraph 61 of the NPPF advises that securing high quality and inclusive design goes beyond aesthetic considerations and that planning policies and decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment. Paragraph 58 advises that decisions should aim to ensure that developments respond to local character and history and reflect the identity of local surroundings. Policies contained within the Adopted Derbyshire Dales Local Plan which deal with design align with this guidance.

7.14 Local residents have raised concern with regard to the density and layout of development and house styles / designs. The proposal is for 35 dwellings at a density of approximately 38 dwellings per hectare (net). Based on the housing mix, which is more geared towards smaller dwellings and the provision of single occupancy affordable dwellings the density of development proposed is not considered to be excessive. The one bedroom maisonettes will be accommodated within a building which has the appearance of a pair of large houses, which will be of a similar design to house types found across both phases of development. The affordable and open market bungalows will be flanked by smaller one and a half storey dwellings and would frame a new green area, with two storey dwellings beyond. The design detailing of the proposed dwellings and their layout, which has been amended slightly to appear less formal is considered to be an appropriate response to context and the first phase of development / the sites immediate surroundings. Development will be more dense to the east where is more closely associated with existing built development and less dense to the west where the site borders open countryside. Although the affordable homes have been clustered together at the north eastern end of the site, rather than ‘pepper potted’ as suggested by the District Councils Housing Department house types and designs are consistent with the type and style of houses across the development site and their siting and general appearance is considered to be acceptable in this respect and bearing in mind that the affordable housing on site may come forward separately to the open market dwellings. Dwellings will address the main spine road and estate roads creating relatively strong streetscenes and design cues and facing materials will be consistent with the housing development under construction to the south and properties in the wider locality All the dwellings on the development are 1-2 storeys in height and respond positively to the topography of the site. The dwellings would be served by an appropriate amount of private amenity space and the layout also makes provision for two areas of public open space in the form of a new green and an attenuation pond for any new residents.

The impact of the development on the local environment, including hedgerows, trees and ecology

7.15 The proposed layout makes provision for all existing hedgerows (other than a break in the southern boundary hedge which has already been formed to accommodate the main spine road) and hedgerow trees to be retained. The amended layout sites dwellings away from mature trees to ensure that their health and well-being will not be adversely affected by the 29 proposed development. The development also offers the potential to enhance these important landscape features and create a strong settlement edge.

7.16 In terms of ecological impacts Derbyshire Wildlife Trust in their initial response advised that additional survey work in the form of a nocturnal survey for bats and a detailed GCN mitigation strategy was required. The work has been undertaken by the applicant and the layout amended to ensure that hedgerows are not with residential gardens and to facilitate a wildlife corridor along the western boundary. The provision of such a feature, a balancing facility at the southern end of the site, would have a positive impact on the local environment. Subject to conditions which prevent the removal of vegetation during the bird nesting season, secure an appropriate scheme of lighting, that the applicant obtains EPS licence and a Landscape and Ecological Management Plan, Derbyshire Wildlife Trust are satisfied that wildlife, including protected species, would be appropriately safeguarded.

Whether there would be any highway safety implications

7.17 As can be seen from the public comments received, significant concern is raised with regard to the additional traffic that the development would generate and the impact this will have on the Luke Lane / A52 road junction. Whilst the Local Highway Authority acknowledge that there will be an increase in traffic in the Brailsford area as a result of the development, they are satisfied that there are no fundamental highway issues that would result in a severe impact on the surrounding highway network, referring to paragraph 32 of the NPPF, or that would exacerbate existing highway safety concerns in the vicinity of the site.

7.18 The applicant has addressed the detailed comments of the Local Highway Authority in relation to the layout of the development and subject to conditions, the Local Highway Authority raise no objections.

The level, nature and weight to be attributed to any developer contributions, including affordable housing and impact on existing infrastructure

7.19 From the consultation responses received it can be seen that there is capacity within the new primary school to accommodate the anticipated number of pupils that the proposed development would be likely to generate. A financial contribution towards a fully costed project to deliver additional school places (secondary and post 16) at the nearest secondary school would, however, be required. The applicant has agreed verbally to pay such a contribution, however, has requested that single occupancy dwellings are excluded from the pupil number calculations - an approach which has been agreed with the County Council on other housing sites. This equates to the provision of 4 secondary school places and 2 post 16 places, reducing the secondary school contribution to £68,704.68. Southern Derbyshire CCG have advised that there is no spare capacity at the local GP practice and have used a national health index formula to calculate a financial contribution based on anticipated patient numbers. Whilst no specific infrastructure project has been identified by the CCG, it is reasonable in the circumstances to make the release of funding dependant on the CCG identifying a capital project to meets patient needs as part of this application. The applicant has agreed to pay the amount specified.

7.20 In terms of the level of affordable housing to be provided the applicant has agreed to provide the 11 affordable units requested by the Head of Housing, in terms of type and specification requested. Discussions between the developer, the District Councils Housing Section and a registered social landlord are still ongoing with regard to tenure. This is something that can be agreed by condition / as part of any legal agreement. This amounts to 31.4% of the total number of new houses to be provided on site. As the emerging affordable housing policy advises that without CIL, 45% provision would not have any undue impact on the viability of schemes in high and medium value areas the applicant 30 has also agreed to pay an off-site financial contribution towards affordable housing up to 45%. This would equate to £121,142 (35 x 0.136 (13.6%) x £25,450 - a figure consistently applied to applications seeking permission for new housing development across the district).

7.21 The level of developer contributions to be provided as part of this application would be acceptable to make the development acceptable in planning terms. The delivery of two areas of public open space is also a benefit of the development. The applicant has confirmed that it is not possible to link the site to the new school, nor is there ready access to the facilities it has (i.e. the MUGA). To address the requirements of policy L6 a scheme for the delivery of an equipped children’s play area on the new green is recommended. This could be secured as part of any landscaping condition.

7.22 Although reference is made to the need to make other contributions towards village infrastructure, without any capital project and evidence that such a contribution would be reasonably related to the development proposal it is not possible to secure such contributions on the back of this application.

The loss of agricultural land

7.23 Within the SHELAA assessment reference is made to the entire site falling within the Grade 2 agricultural land classification. It should be noted that land categorised as grade 1, 2, and 3a are the best types of agricultural land classification as defined in the NPPG. Development of the site will result in the loss of very good agricultural land, which is a disbenefit of the development which will need to be weighed in the planning balance.

The housing mix

7.24 In terms of housing mix Paragraph 50 of the NPPF states that:

“To deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities, local planning authorities should: • plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community (such as, but not limited to, families with children, older people, people with disabilities, service families and people wishing to build their own homes); • identify the size, type, tenure and range of housing that is required in particular locations, reflecting local demand …….”

7.25 As part of the evidence base for the emerging Local Plan, a Housing and Economic Development Needs Assessment (September 2015) has been commissioned which has been used to inform the preparation of new local plan policies. This seeks to ensure new housing meets the communities needs and states (Paragraph 8.43) that:

“……. the provision of market housing should be more explicitly focused on delivering smaller family housing for younger households. On this basis the following mix of market housing is recommended: 1-bed properties: 5%, 2-bed properties: 40%, 3-bed properties: 50%, 4-bed properties: 5%”.

7.26 Whilst a slightly higher proportion of 4 and 5 bed properties are proposed, the application proposes a high proportion of smaller 1, 2 and 3 bed dwellings and a mix of affordable housing that meet the identified local need. The housing mix proposed is broadly consistent with the housing needs assessment and identified affordable housing needs and is therefore considered to be acceptable.

31 Whether there would be any amenity implications

7.27 The position of the dwellings relative to existing dwellings to the east and south and their scale is such that there would be no significant overshadowing impacts or any loss of privacy.

Surface water drainage

7.28 The Land Drainage Authority are satisfied that an attenuation pond can be formed in the location proposed to deal with surface water run-off. The calculations used to size the attenuation pond have been based on an impermeable area (post development) of 0.533 ha, this equates to 25% of the total site area. A condition will need to be imposed to agree the detailed design and associated management and maintenance of this surface water drainage feature as recommended by the Land Drainage Authority.

The Planning Balance

7.29 The Planning Policy Context part of this ‘issues’ section sets out the Local and National Policy Guidance that apply in assessing the merits of this application and the other material considerations that need to be weighed in the planning balance.

7.30 Recent appeal decisions have confirmed that Policies SF4 and H4, which restrict new residential development outside of the settlement framework boundaries defined in the Adopted Derbyshire Dales Local Plan (2005) have been considered to be out of date and have been afforded no weight in the decision making process.

7.31 Paragraph 14 of the NPPF advises that where the development plan is absent, silent or relevant policies are out-of-date permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework taken as a whole. As the land allocation in the emerging local plan for 35 dwellings can only be attributed limited weight at this time, it important to weigh the social, economic and environmental benefits and disbenefits of the scheme against one another in reaching a balanced judgement on the sustainability of the scheme.

7.32 In this case the social dimension would be served by the delivery of new homes which would contribute towards meeting the District Councils objectively assessed housing needs and the delivery of affordable housing on site to meet an identified need. Although the new housing would put a strain on the local GP practice and the nearest secondary school, this would be offset by monies towards projects to extend these facilities to increase capacity.

7.33 The economic dimension would be served by employment generated during construction, which can be said of any new development, and the benefit to businesses within the village from additional resident spend.

7.34 In environmental terms the development can be accommodated on the site without any significant harm to the local landscape and character and appearance of the surrounding area and has the potential to bring with it habitat enhancements which would benefit wildlife. The loss of very good quality agricultural land is, however, a disbenefit of the development.

7.35 When all of the above matters are weighed in the balance and having due regard to all the elements of the NPPF and the ability of the District Council to demonstrate a five year housing land supply, it is considered that the benefits of the development would

32 significantly and demonstrably outweigh the disbenefits in this case and the proposal should be approved subject to a legal agreement and conditions on this basis.

8. OFFICER RECOMMENDATION: 8.1. That, subject to:-

The applicants entering into an agreement under the provisions contained at section 106 of the Town and Country Planning Act 1990 to secure:

• The delivery, tenure and management of the affordable housing to be provided on site; • A financial contribution of £121,142 towards the provision of affordable housing off site; • £13,390 towards a capital project at the local GP practice; • £68,704.68 towards the provision of 4 secondary school places, and; • £37,255.80 towards the provision of 2 post 16 school places.

planning permission be granted subject to the following conditions:

1. ST02a: Time Limit On Full.

2. This permission relates to the original application documentation except as amended by the revised plans received by the Local Planning Authority on the 14th and 17th September, 28th October and 3rd November 2016, numbered Revised House Types Pack Rev A, BRA/LOC/01 Rev A, LLB/P2/BTP01 Rev A, BRA/PH2/DL1 Rev C and 110 Rev D.

3. The dwellings hereby approved shall be faced in materials set out on Material Layout Plan numbered LLB/P2/MAT01 unless otherwise agreed in writing by the Local Planning Authority.

4. All window and door frames (including garage doors) shall be recessed in their openings a minimum of 80mm behind the front face of the external walls of the buildings unless otherwise agreed in writing by the Local Planning Authority.

5. All gutters, downpipes and other external plumbing shall be finished black unless otherwise agreed in writing by the Local Planning Authority.

6. Before the development commences, details of the type and positioning of any meter boxes and/soil waste pipes shall be submitted to and approved in writing by the Local planning Authority and shall thereafter be provided in accordance with the approved details.

7. No development shall commence until detailed plans showing the design, location, and materials to be used on all boundary walls/fences/screen walls and other means of enclosure have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details. The boundary treatments so approved shall then be completed prior to the occupation of each dwellinghouse and completed around all public areas as may be required on the completion of the development and shall thereafter be retained in perpetuity unless the Local Planning Authority gives written consent to any variation.

8. No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include :-

33 a) all vegetation to be retained including details of the canopy spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works b) an equipped play area on the new green; c) all plant species, planting sizes, planting densities, the number of each species to be planted and plant protection; d) finished site levels and contours; e) means of enclosure; f) car park layouts; g) other vehicle and pedestrian access and circulation areas; h) hard surfacing materials; i) minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc); j) proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc).

9. All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the Local Planning Authority. All hard landscaping including the equipped play area shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

10. No development shall take place until a landscape management plan, including long-term design objectives, management responsibilities and maintenance schedules for all landscaped areas (except privately owned domestic gardens), to include the pond and areas of open space, shall be submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out as approved and any subsequent variations shall be agreed in writing by the Local Planning Authority. The scheme shall include the following elements:

i) details of the extent and type of new planting (NB planting to be of native species); ii) details of maintenance regimes iii) details of any new habitat created on site; iv) details of the treatment of site boundaries and/or buffers around water bodies; and v) details of management responsibilities.

11. The hedges detailed to be retained on the site shall be maintained at a height of not less than 3m in perpetuity unless otherwise agreed in writing by the Local Planning Authority.

12. No machinery shall be operated on the site, no process or operations shall be carried out and no deliveries shall be taken at or despatched from the site except between 8:00 and 18:00 hours Monday to Friday and 9:00 and 13:00 on Saturdays or at any time on Sundays and Bank Holidays unless otherwise agreed in writing by the Local Planning Authority.

13. No development shall take place, including any works of demolition, until a construction management plan / construction method statement has been submitted to and been approved in writing by the Local Planning Authority. The approved plan / statement shall be adhered to throughout the construction period. The plan / statement shall provide for: 34 a. Parking of vehicles for site operatives and visitors, b. storage of plant and materials and site accommodation, c. routes for construction traffic, d. method of prevention of mud / debris being carried onto the public highway, e. proposed temporary traffic management / restrictions, f. arrangements for loading / unloading and turning vehicles within the site, and g. site access arrangements and roadside fencing / hoarding.

14. No development shall be commenced until a temporary access for construction purposes has been provided to Broomy Drive in accordance with detailed designs previously submitted to the Local Planning Authority for written approval. The access shall be laid out and constructed to accommodate construction vehicles, laid out at least 5.5m wide. The temporary access arrangements shall be retained in accordance with the approved scheme throughout the construction period, or until such time as the permanent access is taken into use.

15. Prior to occupation of any dwelling, the subject of the application, the permanent access arrangements to Broomy Drive, as detailed on the revised application drawings (drawing number 110 Rev C – Section 38 Layout), shall be laid out and constructed up to at least binder course level. The junction of Broomy Drive with the new estate street shall be provided with a 2.4m x 25m visibility sightlines to the north (measured up to 1m into the carriageway at the extremity of the sightline); the area in advance of the sightline forming part of the estate street and not part of any adjoining plot or other sub-division of the site.

16. No development shall take place until construction details of the residential estate road and footways (including layout, levels, gradients, surfacing and means of surface water drainage) have been submitted to and approved in writing by the Local Planning Authority.

17. The carriageways and footways shall be constructed in accordance with the details approved under condition 8 above, up to and including binder course surfacing, to ensure that each dwelling, prior to occupation, has a properly consolidated and surfaced carriageway and footway between the dwelling and the existing public highway. Until final surfacing is completed, the footway binder course shall be provided in a manner to avoid any upstands to gullies, covers or other such obstructions within or abutting the footway. The carriageways, footways and footpaths in front of each dwelling shall be completed with final surface course within twelve months (or three months in the case of a shared surface road) from the occupation of such dwelling, unless otherwise agreed in writing by the Local Planning Authority.

18. Individual driveways shall be provided with 2.4m x 25m visibility splays in each direction to the new estate street, or other such dimension as may be agreed in writing with the Local Planning Authority; the area in advance of the sightlines shall remain thereafter free from any obstructions to visibility over 1m high (750mm in the case of vegetation) relative to the nearside carriageway channel level.

19. A 25m forward visibility sightline shall be provided around the bend fronting plot 9 (as identified on drawing number 110 Rev D – Section 38 Layout), laid out and constructed as part of a widened footway margin and not part of any adjoining plot or other sub- division of the site unless otherwise agreed in writing by the Local Planning Authority.

20. The premises, the subject of the application, shall not be occupied until the estate street has been provided with suitable turning arrangements to enable service and delivery vehicles to turn, all as may be agreed in writing with the Local Planning Authority. In the case where interim turning arrangements are constructed these must remain available 35 until any permanent estate street turning is available, in accordance with the approved estate street designs.

21. No dwelling shall be occupied until space has been provided within the site curtilage / plot for the parking and manoeuvring of residents and visitors vehicles associated with that dwelling, together with secure cycle parking, all to be laid out, constructed and approved in writing by the Local Planning Authority. The facilities shall be retained throughout the life of the development free from any impediment to their designated use.

22. No gates, including any part of their opening arc shall be permitted to open out over public highway limits. Any gates should therefore be set back an appropriate distance from the carriageway edge or be physically prevented from opening over the adjoining highway.

23. Details of arrangements for the storage of bins and collection of waste shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the agreed details and the facilities retained for the designated purposes at all times thereafter.

24. The affordable housing units shall be provided in accordance with a scheme that shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall meet the definition of affordable housing in Annex 2 of the National Planning Policy Framework or any future guidance that replaces and include:

a) the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing; b) the arrangements for the transfer of the affordable housing to an affordable housing provider (or the management of the affordable housing) if no Registered Social landlord is involved; c) the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and d) the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

25. No removal of vegetation shall take place between 1st March and 31st August inclusive, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period, and details of measures to protect the nesting bird interest on the site, have first been submitted to and approved in writing by the local planning authority and then implemented as approved.

26. Prior to the commencement of development a detailed lighting strategy for the entire site shall be submitted to and approved in writing by the Local Planning Authority. Such approved measures shall be implemented in full and maintained thereafter.

27. Prior to the commencement of any works which may affect great crested newts and/or their habitat, a detailed mitigation and monitoring strategy, including the need to obtain a Natural England EPS licence, should be submitted to and approved in writing by the Local Planning Authority. All works should then proceed in accordance with the approved strategy with any amendments agreed in writing with the Local Planning Authority.

28. A Landscape and Ecological Management Plan (LEMP) for all retained and created habitats on the site shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The Plan should include details of how the management of the habitats will be implemented and funded.

36 29. Notwithstanding the submitted details chimneys should be incorporated into the design of the approved bungalows and some of the semi-detached dwellinghouses to ensure the appropriate distribution of such features across the development site in accordance with a scheme which shall have been submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The chimneys shall thereafter be installed in accordance with the approved details prior to first occupation of the dwellings to accommodate such a feature and be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority.

30. Notwithstanding the submitted details, details of the porch designs to the various house types hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The porches to the various house types should therefore be erected in accordance with the approved details.

31. No development shall take place until a detailed design and associated management and maintenance plan of surface water drainage for the site, in accordance with DEFRA Non- statutory technical standards for sustainable drainage systems (March 2015), has been submitted to and approved in writing by the Local Planning Authority. The approved drainage system shall be implemented in accordance with the approved detailed design prior to the use of the first occupation of any of the dwellings hereby approved.

Reasons:

1. ST02a.

2. For the avoidance of doubt.

3. To ensure the use of appropriate materials and a satisfactory external appearance of the development in accordance with the aims of Policies SF5 and H9 of the adopted Derbyshire Dales Local Plan (2005) and guidance contained within the National Planning Policy Framework (2012).

4-7. To ensure a satisfactory external appearance of the development in accordance with the aims of Policies SF5 and H9 of the adopted Derbyshire Dales Local Plan (2005) and guidance contained within the National Planning Policy Framework (2012).

8-11. To ensure the delivery and proper management of a satisfactory standard of landscaping in accordance with the aims of Policies SF5, H9, NBE6, NBE8, NBE26 and L6 of the Adopted Derbyshire Dales Local Plan (2005) and guidance contained within the National Planning Policy Framework (2012).

12. In the interests of preserving the amenities of the occupants of nearby residential properties in accordance with the aims of Policy SF4 of the Adopted Derbyshire Dales Local Plan (2005) and guidance contained within the National Planning Policy Framework (2012).

13-23. In the interests of highway safety in accordance with the aims of Policy TR1 of the Adopted Derbyshire Dales Local Plan (2005) and guidance contained within the National Planning Policy Framework (2012).

24. In order to secure the provision of affordable housing in accordance with guidance contained within the National Planning Policy Framework and the aims of Policies contained within the Derbyshire Dales Pre-submission Draft Local Plan.

37 25-28.To safeguard wildlife and protected species in accordance with the aims of Policy NBE5 of the Adopted Derbyshire Dales Local Plan (2005) and guidance contained within the National Planning Policy Framework (2012).

29-30. To ensure a satisfactory external appearance of the development in accordance with the aims of Policies SF5 and H9 of the adopted Derbyshire Dales Local Plan (2005) and guidance contained within the National Planning Policy Framework (2012).

31. To ensure appropriate provision for and management of the disposal of surface water run-off in accordance with the aims of guidance contained within the National Planning Policy Framework (2012).

Footnotes:

1. A number of the above conditions of the Approval are condition precedent. This means that a valid commencement of the approved development cannot be made within the lifetime of the permission until the particular requirements of the conditions precedent have been met. Failure to discharge conditions precedent may leave the development liable to the Council initiating formal enforcement proceedings.

2. With effect from the 6th April 2008, the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008 (SI 958/2008) stipulate that a fee will henceforth be payable where a written request is received in accordance with Article 30 of the Town and Country Planning (Development Management Procedure) Order 2010. Where written confirmation is required that one or more conditions imposed on the same permission have been complied with, the fee chargeable by the Authority is £97 per request or £28 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. The fee must be paid when the request is made and cannot be required retrospectively. Further advice in regard to these provisions is contained in DCLG Circular 04/2008.

3. Any works in or nearby an ordinary watercourse require may consent under the Land Drainage Act (1991) from the County Council (e.g. an outfall that encroaches into the profile of the watercourse, etc) to make an application for any works please contact [email protected].

4. The applicant should ensure there is a sufficient buffer strip in place which will allow for efficient maintenance to take place. We would recommend an easement of approximately 3m if the swale is less than 2m in width and 4.5m for swales over 2m in width. Whilst this is not stipulated within any legal byelaw the County Council would recommend these distances in order to safeguard access for essential maintenance and inspection purposes.

5. The applicant should demonstrate, to the satisfaction of the Local Planning Authority, the appropriate level of treatment stages from the resultant surface water in line with Table 3.3 of the CIRIA SuDS Manual C697. This type of development usually requires >2 treatment stages before outfall into surface water body/system which may help towards attainment of the downstream receiving watercourse’s Water Framework Directive good ecological status.

6. The County Council would prefer the applicant to utilise existing landform to manage surface water in mini/sub-catchments. The applicant is advised to contact the County Council’s Flood Risk Management team should any guidance on the drainage strategy for the proposed development be required.

38 7. The applicant is advised that in order to discharge conditions 32 that they should ensure all of the below parameters have been satisfied:

a) The production and submission of a scheme design demonstrating full compliance with DEFRA’s Non-statutory technical standards for sustainable drainage systems:

• Limiting the discharge rate and storing the excess surface water run-off generated by all rainfall events up to the 100 year plus 30% (for climate change) critical duration rain storm so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site to comply with S2 & S3. • Provision of surface water run-off attenuation storage to accommodate the difference between the allowable discharge rate/s and all rainfall events up to the 100 year plus 30% (for climate change) critical rain storm to comply with S7 & S8. • Detailed design (plans, cross, long sections and calculations) in support of any surface water drainage scheme, including details on any attenuation system, and the outfall arrangements. • Details of how the on-site surface water drainage systems shall be maintained and managed after completion and for the lifetime of the development to ensure the features remain functional. • Production of a plan showing above ground flood pathways where relevant for events in excess of 1 in 100 year rainfall event to comply with S9. • Where reasonable practicable demonstrate that the runoff volume of the site reflects the requirements of S4.

8. Pursuant to Section 38 and the Advance Payments Code of the Highways Act 1980, the proposed new estate roads should be laid out and constructed to adoptable standards and financially secured. Advice regarding the technical, financial, legal and administrative processes involved in achieving adoption of new residential roads may be obtained from the Strategic Director of the Economy, Transport and Communities Department at County Hall, Matlock. The applicant is advised to allow approximately 16 weeks in any programme of works to obtain a Section 38 Agreement.

9. Pursuant to Sections 149 and 151 of the Highways Act 1980, the applicant must take all necessary steps to ensure that mud or other extraneous material is not carried out of the site and deposited on the public highway. Should such deposits occur, it is the applicant’s responsibility to ensure that all reasonable steps (e.g. street sweeping) are taken to maintain the roads in the vicinity of the site to a satisfactory level of cleanliness.

10. Pursuant to Section 163 of the Highways Act 1980, where the site curtilage slopes down towards the public highway / new estate street measures shall be taken to ensure that surface water run-off from within the site is not permitted to discharge across the footway margin. This usually takes the form of a dish channel or gulley laid across the access immediately behind the back edge of the highway, discharging to a drain or soak-away within the site.

11. Pursuant to Sections 219/220 of the Highways Act 1980, relating to the Advance Payments Code, where development takes place fronting new estate streets the Highway Authority is obliged to serve notice on the developer, under the provisions of the Act, to financially secure the cost of bringing up the estate streets up to adoptable standards at some future date. This normally takes the form of a cash deposit equal to the calculated construction costs of the street and may be held indefinitely. The developer normally discharges his obligations under this Act by producing a layout suitable for adoption and entering into an Agreement under Section 38 of the Highways Act 1980.

39 12. This planning permission shall be read in conjunction with the accompanying legal agreement under Section 106 of the Town and Country Planning Act 1990 dated ……………

This Decision Notice relates to the following documents: 1:1250 Scale Site Location Plan numbered BRA/LOC/01 Rev A; 1:500 Scale Boundary Treatment Plan numbered LLB/P2/BTP01 Rev A, and; 1:500 Scale Detailed Layout Drawing numbered BRA/PH2/DL1 Rev C received by the District Council on the 28th October 2016; 1:1250 Technical Highway Drawing numbered 110 Rev D received by the District Council on the 3rd November 2016; Revised House Type Pack numbered Rev A containing details of the proposed house type and garages elevations and floor layout plans received by the District Council on the 14th September 2016, and; House Type Pack containing details of the proposed house type and garages elevations and floor layout plans; Design and Access Statement by Miller; Geophysical Survey by Stratascan; Highway Statement by BWB; Material Layout Plan numbered LLB/P2/MAT01; Phase II Geo-Environmental Investigation by Geomatters; Preliminary Ecological Appraisal by Brindle and Green; Streetscene Drawing numbered BRA/PH2/SS01, and; 1:500 Scale Topographical Survey Plan numbered 11444_OGL (F2) Rev 2 received by the District Council on the 22nd and 29th June and 4th July 2016.

40 Planning Committee 15th November 2016 Agenda Item 4.3

APPLICATION NUMBER 16/00567/OUT SITE ADDRESS: Land off Main Road, Brailsford

DESCRIPTION OF DEVELOPMENT Outline Application for Residential Development of Up to 75 Dwellings and Associated Access

CASE OFFICER Mr Chris Whitmore APPLICANT Gladman Developments PARISH Brailsford AGENT None

WARD Cllr. Jenkins DETERMINATION 3rd November 2016 MEMBER(S) TARGET REASON FOR Major application REASON FOR At the request of Officers to DETERMINATION SITE VISIT (IF allow Member’s to fully BY COMMITTEE APPLICABLE) assess the impact of the development on the local environment

MATERIAL PLANNING ISSUES • The appropriateness of the amount of development and the sustainability of the location, in terms of access to services and facilities; • the impact of the development on settlement pattern, the character and appearance of the surrounding area and the local landscape; • species protected by law; • whether there would be any highway safety implications; • the level, nature and weight to be attributed to any developer contributions and impact on existing infrastructure, and; • the loss of agricultural land.

RECOMMENDATION

Refusal

41 42 1.0 THE SITE AND SURROUNDINGS

1.1 The application site comprises two, medium sized open arable fields covering 4.65ha in area located on the western edge of Brailsford village, north of the A52 (see figure 1). Beyond the eastern boundary is the Miller Homes housing site and recently constructed primary school (see figure 2). To the south of the site on the opposite side of the A52 are allotments, which sit behind a strong hedgerow (see figure 3). Further south is the route of Public Footpath no. 40 ‘Brailsford’.

1.2 Brailsford Conservation Area is located to the south east, with intervening properties on Main Road located between it and the site.

1.3 The site is broadly rectangular in shape. The eastern field within the site is slightly smaller and linear in nature and is well related to the adjacent housing site. Springfield Cottage is located to the south east of the site. The boundary is defined by a post and rail fence. The remaining boundaries are defined by strong hedgerows, interspersed by large mature trees. Beyond the immediate western boundary is a large agricultural grain store.

1.4 The application site includes a narrow strip of land running 70m to the north at the north eastern corner of the site, which then turns east for a distance of 180m towards Luke Lane. The land will allow for the creation of a link from the site to Luke Lane just north of the new primary school.

(Figure 1) (Figure 2)

(Figure 3)

2.0 DETAILS OF THE APPLICATION

2.1 This application seeks Outline Planning Permission with all matters reserved except access for a residential development comprising:

• Up to 75 dwellings - 35% of which will be affordable; • Highway and Associated Infrastructure Works, including Pedestrian links; • Formal and Informal Public Open Space, including landscaping; • Retention, enhancement and where necessary replacement of hedgerows on site.

An indicative masterplan is provided within the Design and Access Statement, which illustrates how the site could be developed.

2.2 In addition to the various indicative masterplans contained within the Design and Access Statement prepared by FPCR, the application is accompanied by the following supporting documents:-

• Landscape and Visual Impact Assessment by FPCR • Transport Statement by Prime Transport Planning • Travel Plan Framework by Prime Transport Planning • Ecological Appraisal by FPCR • Arboricultural Assessment by FPCR • Phase 1 Site Investigation Report by Lees Roxburgh • Flood Risk Assessment by Lees Roxburgh • Foul Drainage Analysis Report by Utility Law Solutions • Air Quality Screening Assessment by Wardell Armstrong • Noise Screening Assessment by Wardell Armstrong • Archaeological Desk Based Assessment by CgMs • Utilities Appraisal by Gladman • Statement of Community Involvement by Gladman • Socio-Economic Sustainability Statement by Gladman • Planning Statement by Gladman • Soil Resource and Agricultural Use and Quality Report by Land Research Associates, and • Sustainability Report by Rural Solutions

2.3 All of these documents have been retained on the public file for examination and comment and circulated to consultees. They are referred to, where necessary, and pertinent in the ‘Issues’ section of the report.

2.4 The applicant advises that it is their view that the accompanying reports (outlined above) show that there are no unacceptable adverse impacts associated with the proposal. It is considered that the proposal provides significant material planning benefits, which weigh heavily in favour of the application, including:

• Delivering market housing to meet an identified need, in an area where there has been historical substantial under-delivery; • The application would deliver 35% affordable homes and provide the full range of affordable housing, which exceeds the current adopted policy requirement of 33%, and emerging policy requirement of 30% (Policy HC4). • In circumstances where there is a chronic shortage of affordable housing in Derbyshire Dales, this should be regarded as a significant material benefit which weighs heavily in favour of the application proposals;

44 • The site will provide 1.71 ha of open space provision, including new footpaths, for the benefit of new residents and the existing wider community; • Ecological benefits through the protection and enhancement of existing wildlife corridors and provision of new green infrastructure within the development; • Traffic calming measures along Main Road, reducing the speed of vehicles into the village. • £100,000 contribution towards upgrades to the Brailsford Village Institute. • There are no significant and demonstrable adverse impacts that would outweigh the benefits of granting permission when assessed against the Framework as a whole. The proposals constitute sustainable development in the context of the three dimensions of sustainable development; environmental, social and economic.

3.0 PLANNING POLICY AND LEGISLATIVE FRAMEWORK 3.1 Adopted Derbyshire Dales Local Plan (2005):

SF4 Development in the Countryside SF5 Design and Appearance of Development SF6 Protection of the Best Agricultural Land SF7 Waste Management and Recycling SF8 Catering for the Needs of People with Disabilities in Development and Redevelopment H4 Housing Development Outside Settlement Frameworks H9 Design and Appearance of New Housing H13 Affordable Housing - Exceptional Sites in Rural Areas NBE5 Development Affecting Species Protected by Law or are Nationally Rare NBE6 Trees and Woodlands NBE7 Features Important in the Landscape NBE8 Landscape Character NBE12 Foul Sewage NBE21: Development Affecting a Conservation Area NBE26 Landscape Design in Association with New Development NBE27 Crime Prevention L6 Outdoor Playing Space in New Housing Developments TR1 Access Requirements and the Impact of New Development TR8 Parking Requirements for New Development

3.3 Other National Planning Policy Framework (2012) National Planning Practice Guidance Emerging Derbyshire Dales Local Plan: o Policy S3: Settlement Hierarchy o Policy HC1: Location of Housing Development o Policy HC2: Housing Land Allocations - the eastern field is allocated for 32 units o Policy HC4: Affordable Housing o Policy HC10: Housing Mix and Type Wildlife and Countryside Act 1981 EC Birds and Habitats Directive (92/43/EEC) The Conservation (Natural Habitats etc) Regulations 1994 Derbyshire Dales District Council Supplementary Planning Documents • Landscape Character and Design • Affordable Housing

4.0 RELEVANT PLANNING HISTORY

4.1 None. 45 5.0 CONSULTATION RESPONSES

5.1 Brailsford Parish Council:

The Parish Council make the following comments in objecting to the proposed development:-

1. Density - The density of the site is in excess of design guidelines and not in keeping with the setting and location and contrary to policy SF5 of the adopted local plan and policy N9. The accepted density of a site in a rural setting is 25 dwellings per Hectare. The indicative design, which covers more that the area recommended as suitable in the draft Local Plan, is consistent with the appearance of a large (urban) estate. Our emerging Neighbourhood Plan, based on extensive consultation, sets a preference for smaller groupings of dwellings more consistent with a village environment which is not, as the report states, generally based on a greater density than those in urban settings.

2. Community benefits - The proposed section 106 agreement offers no benefit to the local community as the majority of the contribution goes outside of the parish.

3. Specialist Bungalows - There is an identified need for bungalows by DDDC given the demographic profile. This requirement has been a major feature in the public consultations held in the Parish to support the preparation of the Neighbourhood Plan. At the last DDDC Planning Meeting (August 2016) which considered an application for 6 specially designed bungalows in Brailsford aimed as downsizing opportunities for residents, and thus freeing up family-sized homes, the Committee accepted the importance of the need to include bungalows of this type in any new development. The proposed small development was refused but a public commitment was given at the meeting by DDDC Officers that bungalows of this type would be accommodated as a key requirement in any future applications for development in Brailsford.

4. The number of homes is inconsistent with the Local Plan recommendation. This level of development is unsustainable. There is no community benefit.

5.2 Derbyshire County Council (Highways):

This site has previously been assessed as part of your Authority’s emerging Local Plan process – highway comments relating to SHLAA233 refer. Comments were made on a number of potential development sites in the Brailsford area, some of which physically adjoined / abutted each other. Having regard to the sites being considered at that time the Highway Authority suggested that consideration should be given to perhaps linking or developing the sites in conjunction with each other to provide a more overall connected and permeable development for this area. Section 4.5.2 of the Transport Statement recognises the content in the Manual for Streets document regarding the need for creating permeable streets for vehicles, pedestrians, cyclists and public transport use, it is however disappointing that this is not being fully taken on board and individual (and neighbouring) sites are coming forward in isolation, each proposing cul-de-sac type layouts, without any meaningful connectivity.

In commenting on the Transport the Local Highway Authority advise that as a generality, the Highway Authority does not “agree” entirely with the content of a Transport Assessment or, inevitably, concur with every detail contained therein. However, providing it is considered that the conclusion is sound then it is not regarded as reasonable or warranted to require the applicant to devote resources to amending detail which would not vary the conclusion.

46 They advise that there will inevitably be an increase in traffic in the Brailsford area, as a result of the development proposals at this site, however, the Highway Authority is generally satisfied that there are no fundamental highway issues that would result in a severe impact on the surrounding highway network (with reference to Paragraph 32 of the National Planning Policy Framework), or that would exacerbate existing highway safety concerns in the vicinity of the site. Increased levels of traffic, as a consequence of development, would not necessarily constitute sufficient grounds alone to recommend refusal of a planning application, except where it can be clearly demonstrated that the generated traffic will have a harmful effect on highway safety, relative to existing conditions on the road network. It would be entirely inappropriate for the Highway Authority, in its role as a statutory consultee in the planning process, to recommend that the Local Planning Authority should refuse permission if it was not confident that sound, sustainable and defensible reasons existed. Based on the evidence and information currently available, the Highway Authority would not be in a position to support or defend a reason for refusal of planning permission, on technical grounds.

The Local Highway Authority recognise, with regard to the Travel Plan, that this will evolve with the site and will require continual monitoring, especially through the early years of the development. The Highway Authority wish to be involved in this process to ensure the aspirations of the travel plan and development as a whole accords with the assumptions made within the transport modelling and advise that they need to recoup funding to be engaged in this process. They recommend that a financial contribution not exceeding £2500 is secured through any Section 106 Agreement.

Specific comments relating to the development proposal:

The application is in outline form with all matters, except for access, being reserved for future consideration. From a highways perspective, and for the avoidance of doubt, consideration has been limited to access to the primary vehicle access point off Main Road (A52) and proposed footway connections to Main Road (A52) and Luke Lane only, as identified on the Development Framework Plan (Drg. No. 7062-L-04 Rev K).

The proposed access to serve the development emerges onto Main Road (A52) at the point where the existing speed limit changes from 50mph to 30mph, entering the village. The existing speed limit ‘gateway’ feature is affected by the proposed access location, which will need to be modified / relocated to facilitate the development access as shown. The applicant advises that they would be willing to fund such a process, however, it is disappointing, given access is being considered at this stage, that a proposed scheme detailing all this information does not support the application proposals. As you may be aware the ‘gateway’ feature into the village is also supported by advance signage, which would be affected by any relocation of the speed limit position. As inferred above a more comprehensive scheme should be submitted for consideration, given the nature of the current planning application being considered.

Speed readings have been obtained from automatic traffic count (ATC) data, from a survey station located at the proposed access point, as well as a manual radar speed survey. The readings obtained confirm vehicle speeds are consistently high – although there is some ambiguity as to where the manual readings were taken – section 3.3.8 of the Transport Statement document states they were taken 80m east of the change in speed limit, however, table 3.3 includes a summary of readings taken 110m south of the change in speed limit. It is assumed from this information that a manual survey was not undertaken within the 50mph section to the north west, preceding the ‘village’ speed limit – it is normal that speed measurements be taken at both ends of the scheme so that traffic approaching from both directions is covered; at a point just before the scheme length (as identified in TA 22/81 – Vehicle Speed Measurement on All Purpose Roads). In addition, the achievement of visibility criteria should also be checked in the vertical profile, 47 especially given the vertical alignment of the A52 at this particular location. Further information, or clarity on the information provided, may therefore need to be submitted / obtained to ensure acceptable access arrangements, suitable to support the development, can be achieved.

As identified above improvements are being proposed to existing footway infrastructure alongside the A52, however, it is also noted a proposed footpath is indicated at the north east part of the site, to Luke Lane. This would provide an off-highway link for pedestrians to Luke Lane and alongside Luke Lane, to make a connection to the new Primary School. This would go some way to improving pedestrian connectivity, however, it is unclear in what form this would be delivered or whether there is sufficient space within highway limits to physically introduce a roadside margin suitable for pedestrian use (the application site boundary identifies a narrow route just up to Luke Lane only) – without a means of connection to the existing village infrastructure it would be meaningless. In addition, the use of such routes (a seemingly narrow path that is not inter-visible from both ends) is often limited and they can pose security issues for users, especially where they are relatively remote and there is no natural surveillance. However, considering it is a means of access to and from the site, further information should be provided to confirm safe and acceptable arrangements can be provided to support its introduction (although, as identified in my comments above, a connection through neighbouring / abutting developments would be the most desirable solution from a safety aspect).

The proposals indicate an un-controlled pedestrian crossing point being introduced on the A52 between the staggered crossroad junction of Luke Lane and The Green. Given the high speed nature of recorded traffic on the A52, turning manoeuvres from the junctions and limited visibility available for crossing pedestrians (particularly crossing to the north side of the road), there are highway safety concerns regarding the introduction of such facilities at the location proposed. Whilst there is likely to be a desire and demand for crossing provision associated with the proposed development, to access the medical facilities on The Green, the format and location of any crossing facilities will need to be given further consideration to ensure it is safe for highway users.

The Local Highway Authority advise that the applicant should be given opportunity to address the above matters.

5.3 Derbyshire County Council (Land Drainage)

It is noted from the Flood Risk Assessment (FRA) provided with the application that the intention regarding surface water is to outfall to a combined sewer. Surface water will be discharged via an attenuation pond at a greenfield rate of 11.8 l/s and the pond will be sized to accommodate a 1 in 100 year rainfall event plus an allowance for climate change.

The Flood Risk Management (FRM) team would recommend where possible the developer should utilise infiltration.

Should the application progress the County Council FRM team would expect the developer to implement the recommendations set out in the FRA for the disposal of surface water and recommend a condition to secure this and an advisory footnote.

5.4 Derbyshire County Council (Strategic Planning)

Request that the development be afforded access to high speed broadband services and £263,449.47 towards the provision of 11 secondary places and 4-post 16 places at Queen Elizabeth’s Grammar School.

48 The County Council advise that contribution of £263,449.47 would be used to help deliver 11 secondary places via “Queen Elizabeth’s Grammar School Project B: Additional Classrooms”.

It is considered that there is capacity within the new primary school to accommodate pupil numbers generated from the development and other sites coming forward in the local area.

5.5 Landscape Design Officer (Derbyshire Dales)

The site was considered under the Strategic Housing Land Availability Assessment (SHLAA) as part of the process of allocating sites for housing development to be included in the emerging Local Plan. It was decided to provisionally allocate 25% of the site for a housing development of up to 32 dwellings in an area extending from the eastern boundary as far as an existing field boundary hedge. This decision was made on the basis that the site was assessed as having a high level of sensitivity to housing development (Wardell Armstrong 2015) and that development further west was likely to have an unacceptable level of impact on landscape character and settlement pattern.

The pre-submission draft of the Local Plan is currently under review following the required period of public consultation. Also the Council believes it is now in a position to demonstrate a five year housing supply as a result of its provisional allocations without having to accept increases in numbers at its allocated sites.

In terms of the current application The Development Framework Plan shows a development area extending westwards beyond the hedgerow that defines the boundary of the allocated site into the central/ western part of the application site. This runs contrary to the Council’s assessment of adverse impact likely to result as a consequence. However, there are features of the plan which, in my opinion, would help to substantially mitigate this impact, assist in successfully accommodating development within the surrounding landscape, reduce its visual prominence and, potentially, bring medium to long term benefits to the setting of the village and the amenity of residents namely:

• The retention of existing landscape features such as field boundary hedgerows and trees. • Substantial and significant areas reserved for public open space and screen planting on the western and southern boundaries • The provision of a public right of way on the northern and western sides that will link Main Road with Luke Lane via public open space, neighbouring residential areas, surrounding countryside and the new school.

I am also in general agreement with the conclusions of the LVIA regarding the likely long term effects of the development on local landscape character and visual amenity assuming that the proposed landscape framework and all the planting (mitigation) is in place and thriving.

There is, however, considerable concern regarding the scale of the development and the numbers of dwellings proposed over and above the Council’s provisional allocation. In this regard the development is likely to result in adverse impact on settlement pattern that cannot be overcome by the mitigation measures proposed.

Also, with the Council in a position to demonstrate a 5 year housing supply going forward the proposals, as presented, represent an unwarranted intrusion into the countryside.

49 5.6 Strategic Housing (Derbyshire Dales)

Advised verbally that the local identified affordable housing need has been met through the delivery of housing on other sites which have been granted permission or pending consideration and that they would accept an off-site affordable contribution in the form of a financial sum at an appropriate level in this case.

5.7 Southern Derbyshire CCG:

Southern Derbyshire CCG have looked at the GP Practice that serves the area of the new housing development at land off Main Road, Brailsford and has advised that it does not have any spare capacity to manage increased patient demand. Southern Derbyshire CCG have therefore requested that monies are secured by s106, based on national health index formula sq. m calculations for capital works based on anticipated patient numbers. A figure of £28,606 has been calculated.

5.8 Development Control Archaeologist (Derbyshire County Council):

Initial Response:

The site is immediately north of the A52, formerly the Ashbourne-Derby turnpike, sanctioned by an Act of Parliament in 1738. In the vicinity of Brailsford it is likely that the 18th century turnpike simply upgraded the existing pre-turnpike road, although some clear straightening out of bends can be seen on historic mapping for example around Commonside Farm, west of the proposal site. There is no sense that a historic field system has been cut through by the turnpike, and there are listed buildings on its line within the village that clearly pre-date the turnpike. The route south of the proposal site probably therefore existed in the pre-turnpike period.

The extent of the medieval part of Brailsford appears to take in an area around Brailsford Green, south of the A52, where the likely site of the medieval manor is located, and also some crofts on either side of the Derby-Ashbourne Road. These are characterised on historic mapping by a common rear boundary – most notably in the central part of the village running about 70m north of the road. This boundary appears to continue across the proposal site, which appears therefore to be at the very western end of the medieval village. There is consequently potential within the proposal site for buried archaeology relating to this possible medieval ‘toft and croft’.

The applicant’s archaeological study notes the absence of archaeological remains on the neighbouring site (Luke Lane) which was subject to geophysical survey and trial trenching as part of a recent planning application. The neighbouring site does not however extend to the road frontage (at its closest it is set back 70m from the A52), and does not therefore reflect the same potential for medieval archaeology. The findings on the neighbouring site are not therefore directly comparable.

I advise therefore that the proposal documents do not meet the information requirements at NPPF para 128, that archaeological significance be established and impacts understood. This could be addressed by a scheme of archaeological evaluation (geophysical survey in the first instance) to provide some initial site-specific information to guide determination. Should this additional information be submitted I should be re- consulted on the application.

The applicant commissioned a geophysical survey following receipt of the above comments.

50 Second response:

Given the results of the geophysical survey there is no justification for further work / archaeological evaluation. The report should be submitted to the Local Planning Authority so that it is in the public domain.

5.9 Derbyshire Wildlife Trust (DWT)

Have issued a holding objection and make the following comments:

DWT have previously commented on the adjacent applications (LA Ref: 13/00826/FUL; DWT ref: PlanCon324 and LA Ref: 16/00437/FUL; DWT ref PlanCon460) which has confirmed GCN present in the ponds surveyed by Brindle and Green in the same year FPCR did not find GCN within the ponds. Furthermore, the ponds are subject to population monitoring surveys as part of the Natural England Licence application for the adjacent site (a medium population is noted in the ponds). Therefore, conducting presence/absence surveys alongside population monitoring surveys is ill-advised and is not recommended. Rather than additional surveys, the ecologist should have provided a detailed GCN mitigation strategy, as well as prepare and submit a Natural England licence, which will be required for the site (as detailed in the report). Moreover, the current layout plans has not considered the adjacent applications layout in regards to their GCN mitigation and the adjacent applications have established viable movement corridors, which will be hindered by this new application. The proposed access route will have detrimental effects to the proposed mitigation at LA Ref: 16/00437/FUL; DWT ref PlanCon460.

The current application fails to include significant corridors and connecting the adjacent applications to the surrounding habitats and creating adequate mitigation, compensation and enhancements for GCN. In addition, the design and access statement has misrepresented the area in terms of green space, as additional housing is present on the southern boundary, which has reduced the area further for GCN and wildlife. The masterplan illustrates a green area to the west of the site, due to GCN being present on the eastern side of the site, and mitigation currently proposed on this aspect, it would be astute to have green buffers and connecting habitat to the east. It is also noted from the layout plan that although the hedgerows have been largely retained, the majority have been incorporated within the curtilage of new dwellings and the centrally located hedgerow severely fragmented by roads and footpaths. We would not recommend this approach as the long-term retention and appropriate management of the hedgerows cannot be guaranteed and their value as wildlife corridors will diminish as a result; this will also impact terrestrial GCN and their movement.

Two trees have been identified for their suitability for roosting bats by Brindle and Green on the western boundary, which include a buffer around the trees as well as mitigation for GCN. However, this application includes the trees within residential gardens, not only will this cause issues to shading to the residential properties, the long term management of the trees can be affected. It is understood that a single bat activity transect survey has been undertaken on 18th May 2016. It is not entirely clear why only one survey has been completed and there is no justification within the report for the survey methodology. The BCT Bat Survey Guidelines (Collins, 2016) states that for sites with moderate suitability for bats one bat activity survey per month (April to October) should be completed along with 2 automated static locations. For sites with high habitat suitability the guidance states that two bat activity surveys should be undertaken per month (April to October) along with three automated static locations. Compared with this guidance insufficient survey work has been completed. This still needs to be addressed.

Lighting will play a key role in this development, therefore it is highly recommended that nocturnal surveys of the trees, transects and static surveys are undertaken. Previous 51 surveys of the adjacent site noted clear flight paths for bats, with the current layout proposals illustrating the hedgerows and trees in gardens (as discussed above) the additional surveys will provided further details on the site’s current usage by bats.

With the above in mind, the proposed development will largely take previously undeveloped land, and the ecological assessment work must therefore play a pivotal role in informing the site layout and which areas are to remain unbuilt. Site master planning and layout should have regard to the existing site constraints and opportunities, with existing landscape and biodiversity features retained and enhanced, wherever possible, providing a network around which a built development can be designed.

It is considered that the application as submitted is not accompanied by sufficient information in order to demonstrate the presence or otherwise of protected species and the extent that they may be affected by the proposed development. In the absence of adequate information on European Protected Species (i.e. great crested newts and bats), the Local Planning Authority is unable to discharge its duties in respect of regulation 9(5) of the Habitats Regulations.

We would advise that additional ecological survey work (nocturnal surveys for bats) and detailed GCN mitigation strategy, as well as a revised layout should be undertaken to prior to determination of this application to clarify and inform the concerns identified above.

5.10 Principal Environmental Health Officer:

Raise no objections to this application in principle. However, recommend that details of the noise mitigation measures to be put in place, as proposed by Wardell Armstrong in their noise assessment, are submitted when a final site layout has been confirmed.

6.0 REPRESENTATIONS RECEIVED

6.1 A total of 11 representations have been received, all to the proposed development. The points which relate to material planning matters can be summarised as follows:

Principle

75 houses is too many for this site and will be too densely built to be in keeping with the village. Continued urbanisation of the area and the destruction of the countryside. Only last year these fields were being used for the annual Brailsford Ploughing Match. Current applications and what has already been granted will more than double the size of the village. Brailsford cannot sustain this leap in housing numbers. The 5 year plan requirement has already been fulfilled. There is no requirement to add yet more housing numbers. Brailsford is a tier 3 village. One major determining factor of tier rating is number of existing dwellings and residents. This has been misquoted and the numbers for the whole parish used not the village which has significantly less housing and it is the village into which all these developments are being forced not the wider parish. The development is on green fields and there is a lack of demand for new housing. This application should be considered within the context of the emerging Neighbourhood Plan. Brailsford currently is facing the following number of new houses - 50 Miller, 35 Miller, 47 Richborough, 75 Gladman, 18 off Main Road next to Ray Jones, 3 S.Derbyshire. That is new 228 houses, since 2015, a 100% increase on the present village size. An estate of 75 homes is unsuitable for a village and conflicts with the recommendations of the emerging local plan which suggests 35 for this site. The application would increase the size of the village by 60%.

52 The allocation of homes to Brailsford is disproportionate when set against other Tier 3 settlements. This application does not accord with the Adopted or Emerging Local Plan. The application is in conflict with the emerging Neighbourhood Plan. The application is a shameless attempt to graft a development onto an established village, beyond the Settlement Boundary and with scant regard to landscape character and visual impact, housing design and layout and impact on local services and amenities. No Community Benefit appears to be offered to offset the negative impacts. All the current applications for house building in the village are to be on green field sites and this is no exception. There is no proposal to use the available Brownfield site in the village (i.e. the Cheese Factory) which is more central and better connected. This green field is on Grade 2 agricultural land - and a lot of it.

Sustainability of location

Brailsford does not have any employment opportunities, so new housing is not sustainable. Residents will commute to Derby so the development is the wrong side of the village. The housing should be developed close to the centre of economic activity.

Impact on the local landscape / character and appearance of the surrounding area

The application is for 75 houses on a green field site with high prominence across the skyline and entrance to the village. This is a high sensitivity landscape area and the density is unacceptable. The housing style is not appropriate to a rural area. It is urban in character with closed cul de sacs and bland designs. No consideration has been given to a Garden Village concept. This is an urban-style estate which destroys the integrity of the village and encroaches into the surrounding countryside. The layout of the estate as shown does not reflect a local style and design required by the neighbourhood plan. Suitable design and layout with adequate gardens and parking should be made a condition of any approval. The access is at a point where vehicles are known to be speeding. Improvements will need to be made to paths and pavements in the area. The scale of development is excessive, with an inappropriately high Dwelling Per Hectare (DPH) ratio for a rural settlement which is well in excess of the ratio adopted in the District Councils SHLAA. I run a tourism business in Brailsford and this extensive modern development will materially affect the ambience of the village integrity and will negatively impact on a small business which employs local people. The development is contrary to the DDDC policy of preserving the Dale’s character and landscape. It is highly visible across the skyline being on a high sloping site at the entrance to the village. Development in Brailsford should be small in scale, in clusters, and be built by local builders for local people close to the existing nucleus of the linear village and within the established settlement boundary.

Housing Mix

The proposal does not include any bungalows, especially adapted for the elderly.

Highway safety

There will be increased problems with traffic on the A52 and within the wider community. Access is unacceptable off the A52 with 3 times the national average for HGVs travelling on this road and the record of serious accidents and deaths within 3 miles of this location. 53 The access is at a point where vehicles are known to be speeding. The cumulative impact on the A52, particularly at Luke Lane junction, of proposed residential developments in Brailsford and Ashbourne does not appear to have been forensically assessed. The scale of proposed development can only worsen a situation which already causes difficulties to local residents and businesses. The Luke Lane / A52 junction is already at capacity at peak times. Wait times turning out onto the A52 are already 15 mins at peak times turning right. This proposal cannot stand even in outline form unless the solution to the pathway from the site along the A52 towards Brailsford is increased in width to 2m. The proposed site does not offer sustainability in terms of transport. Speed limit restrictions should be put sufficiently back to give safe access into the estate.

Impact on local infrastructure

The village infrastructure cannot cope with additional residents. It is quoted that we have a petrol station in various applications. This is stretching the facts beyond recognition. It sells only red diesel. This is not a helpful local amenity for existing and new residents. There is insufficient infrastructure for water and drainage. If foul water / sewage is to be processed at the Brailsford Sewage farm, it already exceeds capacity and 2 km of new pipes will have to be laid down the main road, an expense not considered by Gladman. There is no community benefit. The school is for the initial development with no plans for an extension. The Medical Centre is already at full capacity. What else is being offered? A significant 106 levy must be for the benefit of the village. The GP surgery is already at capacity. The growth in the number of homes is not matched by infrastructure or amenity spending. There are no plans to increase the size of the existing health centre which is near or at capacity already. No statement has been made about how it will manage the extra 188 patients from this development. When Miller obtained permission to build 49 homes off Luke Lane they provided the new primary school. This development offers £100,000 towards refurbishment of the very old building which is Brailsford Institute. The figure should be increased substantially to cover the cost of a new enlarged institute building and car park in return for the 75 homes that they plan to build.

Other matters

Noise and light pollution is an issue. The large number of houses will destroy the tranquillity of the open countryside to the west of the village. The street lighting will presumably extend westwards also and will destroy the habitat of local roosting bats, of which there are a number at White Cottage, across the road. Questions are raised as to how the developer intends to maintain the footpath that leads to the village.

7.0 OFFICER APPRAISAL

Planning Policy Context

7.2 The Derbyshire Dales Local Plan, adopted in 2005 comprises the development plan for the area. Its policies have been saved and continue to be relevant where they are consistent with guidance contained within the National Planning Policy Framework (2012). The National Planning Policy Framework (NPPF) was published in March 2012. Whilst the 54 Framework does not change the statutory status of the development plan as the starting point for decision-making, policies contained within the Framework are material considerations which must be taken into account.

7.3 Based on new analysis of development that will come forward in the next five years and notwithstanding the applicants contention in their letter of 24th October 2016 that allocations within the emerging local plan cannot be relied upon within any assessment of housing land supply, it is considered that the Council can identify a rolling five year supply of housing land even without development coming forward on the application site. It is also the case that policies and strategic allocations within the emerging local plan, including delivery of the housing on the application site at the level identified, will also provide enough housing land throughout the plan period to meet the District Councils objectively assessed housing needs. Whilst helpful in setting out the District Councils position with regard to meeting its strategic housing objectives, it is acknowledged that the emerging local plan is at an early stage in the plan making process and policies and strategic land allocations contained within it cannot be afforded any significant weight at this time.

7.6 Having regard to the policies of the development plan, which can be afforded weight, guidance contained within the National Planning Policy Framework (NPPF) and consultation and public comment responses received the main issues to assess are:

• The appropriateness of the amount of development and the sustainability of the location, in terms of access to services and facilities; • the impact of the development on settlement pattern and the local landscape; • the local environment, including hedgerows, trees and ecology; • whether there would be any highway safety implications; • the level, nature and weight to be attributed to any developer contributions and impact on existing infrastructure, and; • the loss of agricultural land.

The appropriateness of the amount of development and the sustainability of the location, in terms of access to services and facilities

7.7 As part of the preparation of the emerging Local Plan an appraisal of the relative sustainability of each of the main settlements across the plan area has been undertaken to inform the settlement hierarchy and development strategy in the plan. The Settlement Hierarchy provides the means to categorise the various settlements to recognise their different roles and functions, grouping together those settlements that have similar characteristics. The assessment concludes that at the top of the hierarchy are the main market towns which play a key role within the District providing a range of services and facilities and employment opportunities. However, as these towns are not able to 55 accommodate all of the required housing development, an assessment of the smaller settlements and their relative sustainability and suitability to accommodate development has been undertaken. The assessment concludes that Brailsford, as a larger village within the plan area should be considered an ‘Accessible Settlement with Limited Facilities’. Villages in this category possess a limited level of facilities and services that, together with improved local employment provide the best opportunities outside the first and second tier settlements for greater self-containment. It is excepted, however, that development will come forward at reduced levels in comparison to high order settlements in order to safeguard their role consistent with maintaining or enhancing key environmental attributes. Unrestricted levels of development in villages in this category would, therefore, be inappropriate.

7.8 The site to which this application refers has been partially allocated for residential development within the Local Plan Pre-Submission Draft Plan, with only the eastern part of the site allocated under policy HC2(e) for 32 dwellings. The remainder of the site area subject of this application extends beyond the area allocated within the Derbyshire Dales Local Plan Pre Submission Draft.

7.9 The benefits of providing additional new housing to meet the districts housing needs outside of settlements and on land not benefiting from a draft housing allocation can only be attributed limited weight, on the basis that the Council has allocated enough housing land as part of its emerging local plan and can identify a rolling 5 year housing land supply. It is however important to balance this against the other social, economic and environmental benefits and disbenefits of the scheme in reaching a balanced judgement on the sustainability of the proposal as required by paragraph 14 of the NPPF.

7.10 The site was initially submitted to the Council as part of its Call for Sites’ exercise and was assessed for its potential for residential development within the Strategic Housing and Employment Land Availability Assessment (SHELAA) under site reference SHLAA233. Although the site boundary submitted through the Local Plan process is the same as this application the SHELAA assessment concluded that only 25% of the site was developable with a capacity of 32 dwellings. This conclusion was reflected within the allocation boundary for the site under policy HC2(e).

7.11 Brailsford scores relatively highly in the Settlement Hierarchy Assessment carried out by Derbyshire Dales District Council. Few employment opportunities (a point raised by local residents) in the village and its proximity to employment centres results in a low economic score. The village, however, attracts a high social score due to the range of services available to its residents. Residents currently have access to a community hall, convenience store, GP surgery, pharmacy, primary school, post office, public house and a regular bus service that operates between 8am and 6pm 7 days a week between Derby and Ashbourne. The village is also an 11 minute drive from Ashbourne, a main market town within the Derbyshire Dales District. Whilst the settlement is considered to be a relatively sustainable location for new housing insofar as access to basic services and facilities is concerned and is less constrained, environmentally than other tier 3 settlements, it is expected that the scale of any housing growth in the village will be provided at a reduced level in comparison to higher order settlements which benefit from a wider range of services and facilities and far greater employment opportunities. Including the allocation of part of the site for 32 units, a total of 114 dwellings have been allocated at Brailsford in the emerging local plan. In addition to the 50 dwellings under construction off Luke Lane, other housing developments that have come forward in the emerging plan period and extant permissions this equates to over 65% growth in population within the main built up part of the village and a little over 35% growth in population within the wider parish. This level of population is considered to be at the upper limit of what is considered to be an appropriate level of growth within the main village, bearing in mind its position within the settlement hierarchy and services and facilities and limited employment 56 opportunities available. Development of up to 75 units on the site would potentially increase the population within the village by more than 80%, which is considered to be an unsustainable level of growth that would undermine its role / status as an accessible settlement.

The impact of the development on settlement pattern, the character and appearance of the surrounding area and the local landscape

7.12 The assessment of the site as part of the Strategic Housing and Employment Land Availability Assessment (SHELAA) concluded that due to the high landscape sensitivity of the site there would be some capacity for residential development on the site in the areas closest to the village in the east and south east where the impacts on character and amenity would be minimised. The landscape assessment of the site concluded that should development extend beyond the areas closest to the village in the east and south east it would be likely to cause significant adverse impact on the landscape due to its intrusion into the countryside and its impact on the settlement pattern through the scale of the development and its relationship to the village centre. The extent of the area considered developable and allocated within the Local Plan was informed by the outcomes of the landscape assessment and appraisal.

7.13 Policy NBE8 of the Adopted Derbyshire Dales Local Plan (2005) seeks to protect the character of local landscapes. Planning Inspectors have, however, in recent appeal decisions concluded that it should only be afforded limited weight as it is at odds with the Frameworks more balanced approach to determining planning applications. Notwithstanding this the Ministerial Statement made by Brandon Lewis MP on 27th March 2015 recognises the importance of fully considering the impact of development on landscape character, which he recognises as an important material consideration in decision-making, even outside areas with statutory protection.

7.14 A Landscape and Visual Impact Assessment (LVIA) accompanies the application and concludes that development is acceptable across the entirety of the site on the grounds that existing field boundary hedges and hedgerow trees will be retained and the provision of an enhanced landscape buffer on the western and southern boundaries will complement the wooded character of the landscape type. Reference is also made to the development being small in the context of the wider landscape character area. Landscape value in the area of the site is assessed as medium overall and it is stated that development will be concentrated in the east, where existing urban influences are greatest. It is considered that as planting matures it will provide a soft green edge to the settlement delivering benefits that partially offset any adverse effects. Dealing with the impacts on visual amenity the assessment acknowledges that during construction there will be temporary adverse effects confined to the immediate environs of the site which are assessed as moderate. Beyond this it is considered that views will be filtered by existing hedgerows and hedgerow trees, existing built form and landform. It is considered that additional planting to the east will reduce any impacts from Springfield Cottage and the properties along Dale View.

7.15 Whilst the Local Planning Authority generally agrees with the conclusions of the LVIA, there is significant concern with regard to the scale of the development site and the number of dwellings proposed over and above the allocation in the pre-submission draft of the emerging Local Plan. Although a pedestrian link through to the Miller Homes development is shown on the indicative masterplan and a link to the primary school, the development would be contained by existing landscape features and would be served by a separate access off the A52.

7.16 Paragraph 61 of the NPPF advises that securing high quality and inclusive design goes beyond aesthetic considerations and that planning policies and decisions should address the connections between people and places and the integration of new development into 57 the natural, built and historic environment. Paragraph 58 advises that decisions should aim to ensure that developments respond to local character and history and reflect the identity of local surroundings. Policy SF5 of the Adopted Derbyshire Dales Local Plan (2005) aligns with this guidance.

7.17 Notwithstanding the benefits to the setting of the village and the amenity of residents identified by the District Councils Landscape Officer, a contained development of the scale and extent proposed would not assimilate well with the existing village and would detrimentally impact on the pattern of the settlement, in terms of its poor relationship with the village. Furthermore with the Council being able to demonstrate a 5 year housing land supply and having identified enough housing land to meet its objectively assessed housing needs, development of the scale and extent proposed would represent unwarranted intrusion into the countryside that would be intrinsically harmful to its character and appearance.

7.18 Although comments relating to the layout and design of houses proposed have been made by the general public, the layout and appearance of the development is not a matter for consideration in respect of this application, which seeks to secure the principle of development and means of access to the site.

Impact on the local environment, including hedgerows, trees and ecology

7.19 An important issue to consider in respect of this application is the impact of the development on landscape features, such as trees and hedgerows and ecology. Policies NBE6 and NBE7 of the Adopted Derbyshire Dales Local Plan seek to protect trees and woodlands and features that are important in the landscape.

7.20 The indicative masterplan shows existing perimeter trees and hedgerows retained where possible and supplementary planting of new woodland and open space and street trees. The provision of additional tree and hedgerow planting will create new wildlife habitat which potentially would be an environmental benefit of the proposed development. However, there are a number of unresolved concerns with regard to how the development would affect protected species, including bats and newts. Derbyshire Wildlife Trust have advised that the indicative layout plan has not considered the adjacent applications layout in regards to their Great Crested Newt mitigation, which will be hindered by this new application. No detailed mitigation strategy has been prepared as part of this application and it is unclear as to whether the site could accommodate the level of development proposed without adversely affecting Great Crested Newt habitat.

7.21 In addition to the above, two trees on the western boundary of the site have been identified as being suitable for roosting bats. Insufficient survey work has been carried out to establish the extent of bat activity from these potentially important site features. Taking the above into consideration the Local Planning Authority is unable to assess the extent to which protected species may be affected by a development of the scale and nature proposed. In the absence of adequate information on European Protected Species (i.e. great crested newts and bats), the Local Planning Authority is unable to discharge its duties in respect of regulation 9(5) of the Habitats Regulations and the requirements of Policy NBE5 of the Adopted Derbyshire Dales Local Plan (2005) cannot be satisfied.

Whether there would be any highway safety implications

7.22 Representations received from the public point to the speed of vehicles along this stretch of A52, close to the proposed access point and problems of traffic particularly at the Luke Lane road junction and the dangers of having to cross a busy road to access the majority of the village services and facilities. The Local Highway Authority have limited there comments to the primary vehicle access point off Main Road (A52) and proposed footway 58 connections to Main Road (A52) and Luke Lane only. The Local Highway Authority have advised that further information, or clarity on where speed readings have been taken would need to be submitted / obtained to ensure acceptable access arrangements, suitable to support the development, can be achieved. As the access will be formed at a point where the existing speed limit changes from 50mph to 30mph a more comprehensive scheme which considers the need to relocate of the existing speed limit gateway feature and signage is also required. With regard to the improvements to existing footway infrastructure concerns have been raised with regard to the link to the north of the primary school in terms of whether there is sufficient space within highway limits to physically introduce a roadside margin suitable for pedestrian use along Luke Lane and security issues it could pose, given its route and lack of natural surveillance. An uncontrolled pedestrian link between the staggered crossroad junction of Luke Lane and The Green is also indicated within the application documentation. However, given the high speed nature of recorded traffic on the A52, turning manoeuvres from the junctions and limited visibility available for crossing pedestrians (particularly crossing to the north side of the road), there are highway safety concerns regarding the introduction of such a facility at the location proposed. A number of matters therefore remain outstanding with regard to the suitability of the existing access to accommodate the level of development proposed and the nature of the associated pedestrian infrastructure that is being put forward by the applicant. Whilst it is possible that such matters could be addressed, the applicant has not as part of this application fully demonstrated that the proposed access and associated pedestrian infrastructure would be acceptable in highway safety terms, contrary to policy TR1 of the Adopted Derbyshire Dales Local Plan and guidance contained within the National Planning Policy Framework (2012).

The level, nature and weight to be attributed to any developer contributions and impact on existing infrastructure

7.23 From the consultation responses received it can be seen that there is capacity within the new primary school to accommodate the anticipated number of pupils that the proposed development would be likely to generate. A financial contribution towards a fully costed project to deliver additional school places at the nearest secondary school would, however, be required for a development of 75 units. The applicant has agreed verbally to pay such a contribution. Southern Derbyshire CCG have advised that there is no spare capacity at the local GP practice and have used a national health index formula to calculate a financial contribution based on anticipated patient numbers. Whilst no specific infrastructure project has been identified by the CCG the applicant has agreed verbally to pay the amount specified. In order to secure such monies through a planning obligation agreement the Local Planning Authority need to be satisfied that they are necessary to make the development acceptable in planning terms, are directly related to the development and fairly and reasonably related in scale and kind to the development. In these circumstances provided the CCG are able to identify an appropriate capital project before monies are released it is considered reasonable to include funding of health provision in any legal agreement. The offer of £100,000 towards upgrading the village hall would not meet the above tests and can be afforded limited weight in the overall planning balance.

7.24 In terms of the level of affordable housing to be provided the applicant has agreed to provide 35% of the new dwellings on site as affordable dwellings, which is seen as a benefit of the development. The District Councils housing section have advised that the local affordable housing need in the area has been met through the delivery of housing on other sites which have been granted permission or pending consideration and that they would accept an off-site affordable contribution in the form of a financial sum at an appropriate level in this case. The applicant is, however, committed to the delivery of affordable housing on site at the level proposed and has advised verbally that the percentage is not negotiable. The emerging local plan requires that at least 30% of the net 59 dwellings proposed be affordable. This, however, is on the back of the delivery of other infrastructure through the introduction of CIL. The preamble to the policy advises that without CIL, 45% provision would not have any undue impact on the viability of schemes in high and medium value areas. It is therefore considered that the nature and level of affordable housing to be provided cannot be afforded significant weight in support of the scheme.

The loss of agricultural land

7.25 Within the SHELAA assessment reference is made to the entire site falling within the Grade 2 agricultural land classification. It should be noted that land graded 1, 2, and 3a are the best types of agricultural land as defined in the NPPG. An agricultural land and soil assessment has been carried out as part of this application, which classifies the land as Grade 3a - ‘good quality agricultural land’ which is capable of consistently producing moderate to high yields of a narrow range of arable crops, especially cereals, or moderate yields of a wide range of crops including cereals, grass, oilseed rape, potatoes, sugar beet and the less demanding horticultural crops.

Where more demanding crops are grown yields are generally lower or more variable than on land in Grades 1 and 2. The extent of good quality agricultural land that would be lost in this case is a dis-benefit of the development which will need to be weighed in the planning balance.

Other matters

7.26 Concerns have been raised with regard to surface water drainage and the adequacy of water supply. The Land Drainage Authority are satisfied that an appropriate surface water drainage feature could be provided on the site to accommodate the level of development proposed. Low water pressure is a matter which will need to be addressed with the water company and would not preclude development on the site.

7.27 Noise during construction and from traffic along the A52 is not considered a significant constraint to development in this case. The applicant has demonstrated that the development is unlikely to adversely impact on below ground archaeology and there are no nearby listed buildings that would be adversely affected by the proposed development. The location of the site relative to Brailsford Conservation Area and intervening vegetation of buildings is such that any development would be unlikely to affect its setting and, as such, there is no impact on the significance of this heritage asset. The nature and mix of housing is not a matter to be agreed as part of this application.

The Planning Balance

7.28 The Planning Policy Context part of this ‘issues’ section sets out the Local and National Policy Guidance that apply in assessing the merits of this application and the other material considerations that need to be weighed in the planning balance.

7.29 Recent appeal decisions have confirmed that Policies SF4 and H4, which restrict new residential development outside of the settlement framework boundaries defined in the Adopted Derbyshire Dales Local Plan (2005) have been considered to be out of date and have been afforded no weight in the decision making process.

7.30 Paragraph 14 of the NPPF advises that where the development plan is absent, silent or relevant policies are out-of-date permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework taken as a whole. Although national guidance indicates that applications for new housing development should be granted where relevant 60 policies are out of date, the council can now identify a rolling five year supply of housing land (even without the part of the site which is allocated for new housing development) and allocations within the emerging local plan will also provide enough housing land throughout the plan period to meet the District Councils objectively assessed housing needs. The benefits of providing new housing on sites which extend beyond the limits of sites allocated within the emerging local plan can therefore only be attributed limited weight. It is, however, important to weigh this alongside the other social, economic and environmental benefits and disbenefits in reaching a balanced judgement on the sustainability of a scheme.

7.31 In this case the social dimension would be limited to the delivery of new homes which would contribute towards meeting the District Councils objectively assessed housing needs and affordable housing on site. The level of development that is being proposed would however result in an unwarranted number of new homes, that would go well beyond the draft allocation and would deliver affordable homes for which there is no identified local need and at a level which is below that could be reasonably expected from a greenfield site of this nature and without any CIL charging regime. The scale of new housing proposed, in addition to the planned level of housing growth in this third tier settlement would put strain on the local GP practice and the nearest secondary school, however, this would be offset by monies towards projects to extend these facilities to increase capacity. Whilst a contribution towards improving the village hall has been offered up by the developer, in the absence of any evidence to the contrary or capital project, it cannot be demonstrated that such a contribution would directly related to the development and fairly and reasonably related in scale and kind and therefore would not meet the tests set out in national guidance.

7.32 The economic dimension would be served by employment generated during construction and the benefit to businesses within the village from additional resident spend. The applicant also considers the New Homes Bonus of £0.7 million to be a significant economic benefit, which can be attributed to the development. All of these benefits are, however, derived from any new housing that is built and without any need to build additional housing to meet the districts objectively assessed housing needs, should be afforded limited weight.

7.33 In environmental terms the amount and extent of new housing development proposed would be out of scale and context with the village and would constitute unwarranted development in the countryside that would be intrinsically harmful to its character and appearance and the setting of the settlement. The level of environmental harm weighs heavily against the development.

7.34 When all of the above matters are weighed in the balance and having due regard to all the elements of the NPPF and the ability of the District Council to demonstrate a five year housing land supply, it is considered that the level of environmental harm would significantly and demonstrably outweigh the benefits in this case and the proposal should be refused on this basis. Lack of information in relation to protected species and failure to demonstrate that the development would be acceptable in highway safety terms also constitute reasons for refusing the application.

OFFICER RECOMMENDATION: To refuse planning permission for the following reasons:

1. The amount and extent of new housing development proposed would be out of scale and context with the village and would constitute unwarranted development in the countryside that would be intrinsically harmful to its character and appearance and the setting of the settlement contrary to policies SF5 and NBE8 of the Adopted Derbyshire Dales Local Plan

61 (2005) and guidance contained within the National Planning Policy Framework (2012) and the National Planning Practice Guide.

2. The application as submitted is not accompanied by appropriate survey information to demonstrate that protected species or their habitat will not be adversely affected by the proposed development. In the absence of sufficient information to demonstrate that protected species and their habitat can be appropriately safeguarded the Local Planning Authority is unable to discharge its duties in respect of regulation 9(5) of the Habitats Regulations 2010. As such, the application is contrary to the aims of Policy NBE5 of the Adopted Derbyshire Dales Local Plan (2005) and guidance contained within the National Planning Policy Framework (2012) and the National Planning Practice Guide.

3. The application fails to demonstrate that the proposed access and associated pedestrian infrastructure would be acceptable in highway safety terms contrary to the aims of policy TR1 of the Adopted Derbyshire Dales Local Plan and guidance contained within the National Planning Policy Framework (2012) and the National Planning Practice Guide.

Footnotes:

1. The Local Planning Authority considered the merits of the submitted application and judged that there was no prospect of resolving the fundamental planning problems with it through negotiation. On this basis the requirement to engage in a positive and proactive manner was considered to be best served by the Local Planning Authority issuing a decision on the application at the earliest opportunity and thereby allowing the applicant to exercise their right to appeal.

This Decision Notice relates to the following documents: • Application Covering Letter, Form & Certificates; • 1:2500 Scale Site Location Plan numbered 7062-L-02 Rev C; • 1:2500 Scale Development Framework Plan dated 27th May 2016 • Proposed Access Solution Drawings by Gladman • Landscape and Visual Impact Assessment by FPCR • Transport Statement by Prime Transport Planning • Travel Plan Framework by Prime Transport Planning • Ecological Appraisal by FPCR • Arboricultural Assessment by FPCR • Phase 1 Site Investigation Report by Lees Roxburgh • Flood Risk Assessment by Lees Roxburgh • Foul Drainage Analysis Report by Utility Law Solutions • Air Quality Screening Assessment by Wardell Armstrong • Noise Screening Assessment by Wardell Armstrong • Archaeological Desk Based Assessment by CgMs • Utilities Appraisal by Gladman • Statement of Community Involvement by Gladman • Socio-Economic Sustainability Statement by Gladman • Planning Statement by Gladman • Soil Resource and Agricultural Use and Quality Report by Land Research Associates, and • Sustainability Report by Rural Solutions received by the District Council on the 4th August 2016.

62 Planning Committee 15th November 2016 Agenda Item 4.4

APPLICATION NUMBER 16/00581/FUL SITE ADDRESS: Manor Farm, Longcliffe, Brassington

DESCRIPTION OF DEVELOPMENT Installation of Asphalt Plant, Change of Use of Land to B1, B2 and B8 Use and Industrial Building and Engineering Works

CASE OFFICER Mr Chris Whitmore APPLICANT Messrs. S & P Horobin PARISH/TOWN Longcliffe AGENT Mr T. Marsden

WARD Cllr. Rose DETERMINATION 21st November 2016 MEMBER(S) TARGET REASON FOR Major application REASON FOR At the request of Officers to DETERMINATION SITE VISIT (IF allow Member’s to fully BY COMMITTEE APPLICABLE) assess the impact of the development on the local environment

MATERIAL PLANNING ISSUES

• Whether the development would be appropriate in nature and scale in the context of its surroundings, and; • the impact of the proposed development on the immediate and wider landscape; • highway safety, and; • the local environment, including nearby heritage assets and ecology.

RECOMMENDATION

Refusal

63 64 1. THE SITE AND SURROUNDINGS

1.1 Manor Farm is situated to the east of Longcliffe crossroads on the northern side of the B5056, in an area where a number of businesses are located. A splayed access leads northwards from the highway for a short distance before turning west towards an area of hardstanding where a series of lorry bodies and vehicles are stored (see figure 1) and east, passing the front of the farmhouse and leading into a yard area. An array of buildings are spread over sloping ground in this area, with access from a track that rises through the site to a recently levelled area (see figure 2 and 3). The range of activities within the site includes a ready mix concrete company, stone and concrete cutting, vehicle maintenance, a transfer station, plant and equipment parking and other commercial buildings / containers.

1.2 The site is located in an area of open countryside away from existing settlements. Specifically the proposal relates to an open sided storage building and a yard area at the rear of the site, which has been levelled / cut into the landscape and a planted bund formed and disturbed agricultural land to the west of the main farmhouse and industrial buildings, which sits beyond an existing tree belt (see figure 4).

1.3 The districts boundary with the Peak District National Park lies to the north, following a minor road to Aldwark.

(Figure 1) (Figure 2)

(Figure 3) (Figure 4)

2. THE APPLICATION

2.1 Full planning permission is sought to level the undulating land to the west of the main farmhouse and industrial buildings to create a yard area some 170m long by 85m wide (approximately). It is proposed to site what is described as a mobile asphalt plant in the 65 central part of the yard area. Along the western boundary a lagoon will be formed to deal with surface water. The applicant advises that the lagoon, an office building and weighbridge (all to be formed / erected as part of this application) have been previously approved and a lawful start on this development made. The mobile asphalt plant will cover an area approximately 55m deep by 40m wide. The highest part of the plant is approximately 14m above ground level.

2.2 Planning permission is also sought to extend an existing industrial storage building located to the east of the main farmhouse. It is proposed to construct a lean to link between the building and a dutch barn to the south (which will follow the existing roof plane) and to extend the building out in an easterly direction by 32m. The extension will be of the same width (13.7m). The dual pitched roof will continue over the extension and will be 6.7 high to ridge. The roof and walls, above concrete panels will be clad in box profile steel sheeting finished a Goosewind Grey colour to match the existing building. Although no supporting information accompanies the application relating to this extension, it is understood that it will be used in association with the existing industrial activity which takes place on the site.

2.3 Retrospective permission is also sort to regularise the levelling works which have taken place to the north of the existing industrial buildings. Planning permission was granted to form a yard area where the deepest area of excavation reduced the original land level of 326.5m AOD down to 320.8m AOD (5.7m). The yard area has, however been excavated down to 319m AOD. This application seeks consent to retain the yard area at this level. Within the existing yard area it is also proposed to install a below ground water harvesting system. The application also includes an area of land to the north, which was shown as a bund in application 13/00045/FUL, however, was not included within the red edged site location plan. The applicant intends to form the bund and carry out the planting that was previously approved. As part of this application it is proposed to continue a further shallow bund to the north and tree and shrub planting westwards and then south towards the B5056 to contain the new yard area and help screen the mobile asphalt plant.

2.4 It was stated in respect of application 13/00045/FUL, that the yard area to the north was to be primarily for the storage of goods, plant and vehicles in association with the existing uses and businesses.

PLANNING POLICY AND LEGISLATIVE FRAMEWORK Adopted Derbyshire Dales District Council Local Plan (2005):

SF3: Development Conspicuous From The Peak National Park SF4: Development In The Countryside SF5: Design And Appearance of Development EDT7: Extension And Expansion Of Existing Industrial And Business Land And Premises EDT15: New Build Industrial And Business Development Outside Of Settlement Frameworks NBE5: Development Affecting Species Protected by Law Or Are Nationally Rare NBE8: Landscape Character NBE26: Landscape Design In Association With New Development TR1: Access Requirements And The impact Of New Development TR8: Parking Requirements For new Development L9: Safeguarding Public Rights of Way L10: Leisure Routes And Trails

Other: National Planning Policy Framework (2012) The National Planning Practice Guide (2014)

66 Derbyshire Dales District Council Supplementary Planning Document ‘Landscape Character and Design’ (Adopted July 2007).

3. RELEVANT PLANNING HISTORY 16/00183/FUL Installation of asphalt plant – Withdrawn

13/00045/FUL Change of use of land and engineering operations to form extension to operational area for Use Classes B1, B2 and B8 use – Granted

11/00190/FUL Change of use of site from mixed use to Use Classes B1, B2 and B8 – Granted

10/00409/CM Materials recycling facility (County Application CW3/0510/31) – Granted

10/00285/CM In-vessel composting facility (County Application CW3/0410/2) – Withdrawn

07/00190/FUL Erection of ready mix concrete plant equipment and office building – Granted

05/00601/CM Erection of Composting Plant (Revised Application) (County Application CW3/0705/45 – Allowed at Appeal.

04/11/1033 Proposed reception area, weighbridge, in-vessel clamps and maturation area for composting facility (County Application CW3/1104/155) – Withdrawn

04/01/0081 Change of use and extension of existing building to form dependant relative unit (Revisions to approved scheme) – Granted

03/06/0433 Change of use of outbuildings to industrial uses B2 and B8 – Granted

03/01/0070 Change of use and extension of existing building to form dependant relative unit – Granted

DDD/0298/0088 Conversion of agricultural building into dog boarding kennels – Granted

DDD/0997/0582 Erection of 40 dog kennels and office – Refused

DDD/0597/0279 Incorporation of agricultural outbuildings into dwelling – Granted

4. CONSULTATIONS

4.1 Parish Council: The Parish Council would like to approve this application, however, the Council had real concerns about the issue of noise during the long work hours and no figures were available to show the level of noise that would be expected if the application were to go ahead.

4.2 Local Highway Authority: Make the following comments: The application provides no details of the operations to be carried out within the site. It is recognised that that the application indicated the GFA for the B2 use is 273sq. m, however, considering that the type of use classifications for which the approval is being sought and the overall site area, particularly the western site which is to house an asphalt plant, it is considered that a Transport Assessment is required to be submitted by the 67 applicant in order to establish the operational details of the site and the potential impact on the highway network. It should be noted that the red and blue outline plans do not include the site access and no part of the application indicates that the new access to be created to serve the application site(s). The TA should include an assessment of the suitability of the access to serve the use classifications applied for.

The applicant is also required to provide a plan of the proposed site layout, either to be included in the TA or separately, including parking spaces and turning facilities for all vehicles expected to visit the site e.g. staff vehicles and HGVs.

4.3 Derbyshire Dales Group of the Ramblers: The Derbyshire Dales Group of the Ramblers have no objection to the application providing that Brassington footpath 9 which runs from the B5056 along the side of the plot outlined for development is not affected in any way during and after development.

4.4 Peak and Northern Footpaths Society: No objection, provided that the full width of Footpath 9 Brassington remains unobstructed at all times. The proposed woodland along the northern and western sides of the site must be planted and well-maintained. If the footpath enters and leaves the site via stiles, these should be replaced with pedestrian gates, or left as gaps if the fields are not grazed.

4.5 Derby and Derbyshire Development Control Archaeologist: Initial comments:

The submitted documents are lacking in information necessary to form an informed opinion on environmental impacts. There is no clear proposed site layout plan, no detail on the location or extent of existing planning consents for parts of the site, and no detail on where works have already taken place. From the information provided it seems that the proposed asphalt plant in particular will be substantial in character and will require significant reductions in ground level on the western part of the site.

The site is within an area with considerable potential for prehistoric archaeology: there are numerous findspots of prehistoric artefacts on the HER within a few hundred metres. To understand whether the site retains any potential for below-ground archaeological remains it is however necessary to understand where on the site the original ground profile remains undisturbed. Without this information it is not possible to estimate archaeological potential as required at NPPF para 128.

The site is also likely to be visible from designated heritage assets in the area, including the Scheduled Monuments at Moot Low and Harborough Cave. In the absence of any heritage submission the application does not meet the requirements of NPPF para 128 with regard to these assets.

The application should not be granted consent in its current form, because of a lack of heritage information (NPPF paras 128/129). To address this omission the applicant should submit a ‘heritage impact assessment’ or similar, produced by a suitably accredited heritage professional (CIfA) and including appropriate viewpoint studies and photomontage where appropriate to show impacts in relation to designated heritage assets, as well as further detail on ground disturbance within the site itself.

In response to the above comments the applicant advised that the location where the asphalt plant was to be located had been worked lower than the intended finished floor level and only be levelled and hardcored. Photographs in the direction of the site from the Scheduled Monuments were also taken, which showed that the development would not be visible.

68 Second Response:

It seems from the information submitted that there will be no additional below-ground impacts on the site so I think we can conclude that there will be no impacts to below- ground archaeology.

The pictures of industrial ‘stuff’ in the vicinity of heritage assets is neither here nor there as it isn’t directly relevant to the current application. The assets still have a setting and we assess impacts cumulatively with the existing.

The photo ‘Manor Farm from monument’ is interesting as it shows a view to Minninglow Hill directly behind part of the Manor Farm site, suggesting that this could be an important heritage view. However it isn’t clear where this photo was taken from. They need to tell us the location of this photo, and provide some evidence for the other monument.

Once they’ve done this, if there are only views of the rear bank, as suggested here, then the impacts could be addressed with reference to the proposed landscaping scheme to ensure that the bare bank is appropriately vegetated to appear recessive in the view.

4.6 The District Councils Landscape Officer:

There are some very serious concerns with the proposed development.

The site is very prominent and is highly visible from public viewpoints in the surroundings (including sensitive areas on the edge of the National Park and from the High Peak Trail). If trees and shrubs planted as screening belts develop, as others have done alongside the B5056 further to the east, it is likely that the visual impact of the development will be mitigated to an extent. However, it will take a considerable time (5-10 years) for there to be any perceivable effect of screening and longer still for the effect to be substantial. In the intervening period the development will have a significant adverse impact on local visual amenity.

Notwithstanding the existing impact of industrial development within the valley and disturbance to the site itself, remaining agricultural land between Manor Farm and Crossroads Garage extends into the wider countryside in the north and ensures that some of the former character of the surroundings is retained. The proposed development will have additional adverse impact on local landscape character and the setting of the National Park in this respect.

Measures proposed to mitigate the impact of the development immediately north of the existing complex are generally satisfactory. It is important to ensure that the proposed bund does not, itself become an intrusive element within the landscape. It must be sensitively rounded off at the top and carefully graded back into the slope so that it marries naturally with the existing land form. A different scrub mix is also recommended.

4.7 Principal Environmental Health Officer:

There is not a lot of information but I have no objections in principle as I will be the enforcement person via a permit for the activity in relation to odour and dust etc. but not noise. I don’t envisage it to be noisy as such especially where it is, so no objections.

4.8 Derbyshire County Council (Planning):

Detailed comments in relation to minerals safeguarding are made. The County Council however, raise the following wider concerns:

69 The information provided by the applicant indicates that the development would be for the proposed installation of an asphalt plant, the change of use of the land to B1, B2 and B8 uses, an extension to an existing industrial building and associated engineering works at Manor Farm, Longcliffe. Whilst it is acknowledged that the application does provide for such development, there are a number of areas where the application either does not provide sufficient information or where additional development would appear to be proposed, including infill of hollows, limestone to be removed from the floor of the yard extension, details of the shallow landscaping bund, landscaping in the eastern section of the site, the importation of any waste material and the construction of the roll over slope and more sections and details of the quantity material available.

Referring to the applicants contention that a lawful start on County Matter application CW3/0705/45 has been made, the County Council advise that the development was never lawfully commenced and that as a consequence the planning permission expired.

Contained with the County Councils response are also the following comments from the County Councils Landscape Officer:

‘This planning application looks to be the resubmission of an earlier application for an asphalt plant. Although the overall submission remains poor with respect to the information provided it does now include information on the proposed landscaping of the site.

From what I can ascertain from the quality of the drawings provided the proposal is to install the asphalt plant on land to the west of the existing farm complex in an area that has previously received planning permission (on Appeal) for a waste composting facility. This presumably requires a use-class change. An existing industrial shed to the rear (north) of the farm will be extended and beyond that to the north there is some ongoing work to create a further level platform for future development, which has already required extensive engineering works to establish a level development platform.

The extension of the existing industrial shed is probably acceptable given that it is well screened from the main vantage points such as the B5056 and the High Peak Trail by other buildings forming part of the farm complex. However, I continue to have strong reservations about the installation of an asphalt plant that will have a distinctly industrial appearance in this relatively rural location, which seems to be at odds with a range of local plan policies. The landscape scheme is completely inappropriate to the established landscape character of the area as described in the ‘Landscape Character of Derbyshire’ publication (DCC 2014) (www.derbyshire.gov.uk/landscape) and supported in Derbyshire Dales District Council’s Supplementary Planning Guidance: Landscape Character and Design (July 2007). The proposal to establish a number of artificial mounds with linear belts of fringing woodland would both constitute incongruous features in this open landscape with long distance views and in this regard would do little to mitigate the adverse effects associated with the proposal. If the applicant remains committed to the scheme, I would strongly urge that they seek the service of an appropriately qualified Landscape Architect who is better able to understand and interpret the character of the surrounding landscape to deliver a more appropriate landscape scheme that might mitigate against some of the adverse effects associated with the proposal, although I remain unconvinced that this is the best location for an asphalt plant.

A brief planning statement acknowledges that there will be visual impacts from the High Peak Trail although the fact that other industrial buildings will be visible in the view is not, in my opinion, a mitigating factor – I would prefer to consider this proposal as a cumulative effect in this otherwise rural location’.

70 5. REPRESENTATIONS

5.1 None.

6. ISSUES

6.1 Having regard to the policies of the development plan, which can be afforded weight, guidance contained within the National Planning Policy Framework (NPPF) and the consultation responses received the main issues to assess are:

Whether the development would be appropriate in nature and scale in the context of its surroundings

6.2 There are elements of the development proposal that would constitute extension and expansion of the activities that take place at Manor Farm, such as the extension to the existing storage building, the works to create a level yard area to 319m AOD and the installation of a water harvesting system to the north east of the farmhouse. Other elements such as the new yard to the west and installation of what is described as a mobile asphalt plant cannot be construed as being connected to the existing activities on the site which includes a ready mix concrete company, stone and concrete cutting, vehicle maintenance, a transfer station, plant and equipment parking. Although it is understood that some quarrying activity / transfer of material has recently taken place to facilitate the levelling works which have taken place to form the yard area to the north east of the main farmhouse approved as part of application 13/00045/FUL, minerals are not, it would appear, sourced from the site or could be used in the production of asphalt. As can be seen from the County Councils Development Management Team they have advised that the small size of the site, together with the type of mineral involved is such that it would be impractical and unviable to extract the material as part of the development. It is also understood that the asphalt plant would be a separate operation unconnected to the existing activities at Manor Farm. The applicant has advised that the nature of cut and fill to create a yard for the asphalt plant and works that have already been carried out that there would be no surplus material. Stone for the yard surfaced in stone already worked on site. There will be a requirement for sub soil to form the bank around the site (drawing 00108708). This is estimated to be 7247 m³. The amount required to be imported is subject to the amount of suitable material found on site.

6.3 The extension to the existing building and proposal to regularise the level of the yard area to the north and the proposal to carry out the associated landscaping approved as part of application 13/00045/FUL and install a water harvesting system is considered to be acceptable in principle, on the basis that such works would be connected with existing businesses / approved uses on the site. There is, however, a requirement to consider the impact of such works on the local environment as required by Adopted Derbyshire Dales Local Plan Policy EDT7.

6.4 Of greater concern if the acceptability of the use and works associated with the levelling of a large area of land to the west of the existing farm to accommodate an asphalt plant. The applicant refers to the plant being mobile, however, its sheer scale and weight and degree of permanence (i.e. it is proposed to be sited in one area) is such that it is considered to constitute development requiring planning permission. The site, although, next to existing industry sits within open countryside. Policy SF4 deals with development in the 71 countryside and advises that it will only be permitted if it is required to serve the essential requirements of agriculture, forestry and outdoor sport or recreation, assists the growth of tourism, forms part of a farm-based diversification scheme represents the acceptable re- use adaptation or extension of an existing rural building or provides for other needs which can only be met in a rural area. The policy also requires proposals to be appropriate in nature and scale to a rural area, preserve or enhance the character and appearance of the countryside and minimise any adverse impact on the local environment.

6.5 Given that the asphalt plant is unrelated to the activity on the site and is a freestanding operation it falls to be considered against Policy EDT15 of the Adopted Local Plan. Policy EDT15 deals with new build industrial and business development outside of settlement frameworks and aligns with guidance contained at Part 3 of the National Planning Policy Framework ‘Supporting a Prosperous Rural Economy’. It states that outside the defined settlement frameworks planning permission will only be granted for new build industrial and business development where it consists of small-scale industrial and business development that is appropriate to its location, the size, design, and appearance of any building or group of buildings is commensurate with its function and the needs of the industry or business and, it does not have an adverse impact upon the character and appearance of the immediate or wider landscape. The applicant has failed to demonstrate that the new industrial development would be appropriate to its location in this case.

6.6 The applicant in support of the asphalt plant makes reference to a start being made on a county matter development, which was allowed at appeal to construct an in vessel composting facility on the land to the west. Although it would appear that a new access was formed and an area levelled the County Council have advised that a lawful start on this development has not, as far as their concerned, been made. The nature of this previously allowed development is, in any event different, to that which is now being proposed.

The impact of the proposed development on the immediate and wider landscape

6.7 An important consideration is the impact of the development on the character of the local landscape. The extension to the existing industrial building and reduced yard level to the north would it is considered have a minimal impact on the immediate and wider landscape. The view from the High Peak Trail will remain open with the excavated northern face being prominent. When viewed in the context of the existing industrial buildings and activity it is not considered, however, that the slight reduction in the new ground level has a significantly worse impact on the character or the local landscape or adversely affect the enjoyment of the leisure trail.

6.8 Of significant concern is the impact of the engineering works to create a level surface to the west of the main farmhouse and the installation of an asphalt plant of the scale and nature proposed. Policy NBE8 deals with landscape character and acknowledges, in its preamble that there has been a move away from the use of designated areas of landscape towards an emphasis on maintaining and enhancing the distinctive character of the whole of the countryside. Taken literally, the requirements of the policy are that development should have as a minimum a neutral impact on the character, appearance and local distinctiveness of the landscape.

6.9 The local landscape character is that of ‘Plateau Pastures’ of the White Peak and is typified by the following elements: -

• A gently rolling upland landscape • Stock rearing on improved pasture • Limestone outcrops on hill summits and steeper slopes

72 • Small shelter blocks of plantation woodland and tree groups around villages and farmsteads • Medium to large regular fields enclosed by dry stone walls • Straight roads with uniform verges • Open landscape with expansive views

6.10 The landscape surrounding the development site has been considerably modified through long association with industry (railways, Longcliffe brick works, limestone quarrying, stone working, road haulage etc.) that has become established either side of the road from Longcliffe crossroads to the junction with the Via Gellia at Grangemill. Quarrying in particular has had a significant impact on the local landscape and this is set to continue.

6.11 Isolated farmsteads have become caught up in this activity and are now as much involved in road haulage, recycling and stone sawing activity as in farming, all of which has had an adverse impact on landscape character to a greater of lesser degree. One such site is Manor Farm.

6.12 In an attempt to mitigate the impact of the industrial activity in the area belts of trees and shrubs, some of them quite extensive have been planted to screen developments in views from the road and the surrounding countryside. This has been done with varying success.

6.13 The main site is on sloping ground in a prominent and open position alongside the road and clear views to it can be had from the B5056, the road to Aldwark, the footpath along the western boundary, the High Peak Trail and from the high viewpoint in the south at Harborough Rock. The only direction form which views are screened is from the east on the approach to Manor Farm along the B5056. The remaining agricultural land between Manor Farm and Crossroads Garage extends into the wider countryside in the north and ensures that some of the former character of the surroundings is retained. The proposal to introduce artificial mounds with linear belts of fringing woodland would both constitute incongruous features in this open landscape would do little to mitigate the adverse effects associated with the formation of a 170m by 85m yard area, associated storage and 14m high asphalt plant on the local landscape and is also likely to result in some harm to the setting of the Peak District National Park.

Highway safety

6.14 The Local Highway Authority have advised that there is insufficient information submitted with the application to gauge what the likely impact of the development will be on the local highway network. A basic statement was prepared by the applicant following receipt of the Local Highway Authority. It is, however, too vague in terms of number of car journeys and no details of parking arrangements have been provided. It is anticipated that in the first year there will be 3-4 car and 15 HGV visits per day and that this would increase to 6-8 car and 40 HGV visits in year two. Following consideration of this information that Local Highway Authority have advised that insufficient information has been submitted to demonstrate the development would be acceptable in highway safety terms.

The local environment, including nearby heritage assets and ecology

6.15 In terms of impact of heritage assets, the Development Control Archaeologist is satisfied that there will be no impacts to below-ground archaeology as a result of the development Photographs taken from the identified Scheduled Ancient Monuments show that the development would be unlikely to compromise the significance of these designated heritage assets, subject to appropriate landscaping.

6.16 In terms of the impact of the development on ecology, no information accompanies the application other than an extract from an assessment which was carried out by Longcliffe 73 Quarries which is believed to be part of the documentation which accompanied the application for an in-vessel composting facility, which was allowed at appeal. The assessment concludes that the habitat loss is of low ecological value. In the absence of any recent site specific ecological study, the Local Planning Authority cannot be satisfied that wildlife and, in particular protected species would not be adversely affected by this major development. There are a number of ponds shown on historic maps close to the site and a tree belt immediately to the east of the site of the asphalt plant, which may be suitable habitat for birds and bats. In the absence of adequate information on European Protected Species (i.e. great crested newts and bats), the Local Planning Authority is unable to discharge its duties in respect of regulation 9(5) of the Habitats Regulations and the requirements of Policy NBE5 of the Adopted Derbyshire Dales Local Plan (2005) cannot be satisfied.

6.17 In conclusion, it is considered that the formation of a new yard area for B1, B2 and B8 use and the erection of an asphalt plant on land to the west of Manor Farm would be inappropriate in nature and scale to the rural location of the site and would result in significant harm to the character and appearance of this part of the countryside, the local landscape and is likely to result in some harm to the setting of the National Park, contrary to Policies SF3, SF4, NBE8 and EDT15 of the Adopted Derbyshire Dales Local Plan (2005) and guidance contained within the National Planning Policy Framework (2012). It is recommended that the application be refused for this reason. Lack of information in relation to protected species and failure to demonstrate that the development would be acceptable in highway safety terms also constitute reasons for refusing the application.

7. OFFICER RECOMMENDATION:

To refuse planning permission for the following reasons:

1. The formation of a new yard area for B1, B2 and B8 use and the installation of an asphalt plant on land to the west of Manor Farm would be inappropriate in nature and scale to the rural location of the site and would result in significant harm to the character and appearance of this part of the countryside and the local landscape close to the National Park boundary, contrary to Policies SF3, SF4, NBE8 and EDT15 of the Adopted Derbyshire Dales Local Plan (2005) and guidance contained within the National Planning Policy Framework (2012) and the National Planning Practice Guide.

2. The application as submitted is not accompanied by appropriate information to demonstrate that protected species or their habitat will not be adversely affected by the proposed development. In the absence of sufficient information to demonstrate that protected species and their habitat can be appropriately safeguarded the Local Planning Authority is unable to discharge its duties in respect of regulation 9(5) of the Habitats Regulations 2010. As such, the application is contrary to the aims of Policy NBE5 of the Adopted Derbyshire Dales Local Plan (2005) and guidance contained within the National Planning Policy Framework (2012) and the National Planning Practice Guide.

3. The application fails to demonstrate that a development of the scale and nature proposed would be acceptable in highway safety terms contrary to the aims of policy TR1 of the Adopted Derbyshire Dales Local Plan and guidance contained within the National Planning Policy Framework (2012) and the National Planning Practice Guide.

Footnotes:

1. The Local Planning Authority considered the merits of the submitted application and judged that there was no prospect of resolving the fundamental planning problems with it through negotiation. On this basis the requirement to engage in a positive and proactive manner was considered to be best served by the Local Planning Authority issuing a 74 decision on the application at the earliest opportunity and thereby allowing the applicant to exercise their right to appeal.

This Decision Notice relates to the following documents: 1:2500 Scale Site Location Plan; 1:500 Scale Block Plan showing details of the Bund to the north of the existing yard area numbered 23985_T_Rev0; 1:100 and 1:25 Scale Proposed Building Extension Elevations and Roof Layout Drawing numbered S932; Asphalt Plant Technical Drawings and Information numbered MF9/2016, MF10/2016 and MF11/2016; 1:2500 and 1:1000 Scale Proposed Landscaping Drawings numbered MF5/2016 and MF7/2016; Supporting Statement Referenced MF14/2016; 1:500 Scale Section Drawing numbered MF8/2016; 1:500 Scale Water Harvesting Tank Layout Drawing and Technical Information numbered MF12/2016, MF13/2016 and MF14/2016 Rev 1, and; 1:100 and 1:250 Scale Layout and Sections through the yard to accommodate the asphalt plan drawings numbered A2726-001 received by the District Council on the 8th, 15th and 22nd August 2016, and; The emails from the Applicants Agent received by the District Council on the 4th, 13th October and 26th October 2016.

75 Planning Committee 15th November 2016 Agenda Item 4.5

APPLICATION NUMBER 16/00579/FUL SITE ADDRESS: Honeysuckle Cottage, Longcliffe, Brassington

DESCRIPTION OF DEVELOPMENT Erection of 4 no. dwellings CASE OFFICER H Frith APPLICANT Mr R Roobotham PARISH/TOWN Brassington AGENT Mr D Brown WARD Cllr Rose DETERMINATION 18th November 2016 MEMBER(S) TARGET REASON FOR More than 3 REASON FOR To assess the impact of the DETERMINATION dwellings outside SITE VISIT (IF development upon the BY COMMITTEE main settlement APPLICABLE) character and appearance of the area.

MATERIAL PLANNING ISSUES

1. Principle of Development 2. Impact upon the setting of the nearby listed structures 3. Character and Appearance 4. Highway Safety

RECOMMENDATION

Refusal

76 77 1. THE SITE AND SURROUNDINGS

1.1 The application site relates to a levelled area of land surrounded by an embankment to the south western boundary with a number of trees aligned along the bank. The site is accessed via the existing domestic access to Honeysuckle Cottage. There are commercial and residential properties scattered within the locality. The nearby railway bridge is a grade II listed structure, as is the station building to the far west of the site. There is a milestone opposite the site entrance which is also grade II listed. The site is in an open countryside location away from any defined settlement.

2. DETAILS OF THE APPLICATION

2.1 Planning permission is sought to erect four dwellings on the site. Access is proposed from the existing domestic access with parking spaces to be provided in front of or to the side of each dwelling. The dwellings are in the form of two pairs of semi-detached properties with render to the lower part of the front and side elevations and timber cladding above. The rear elevations are proposed to be fully rendered. The window pattern has a horizontal emphasis. The dwellings are to be three bedroom units.

3. PLANNING POLICY AND LEGISLATIVE FRAMEWORK 1. Adopted Derbyshire Dales Local Plan (2005) SF4: Development in The Countryside SF5: Design And Appearance of Development H4: Housing Development Outside Settlement Framework Boundaries H9: Design And Appearance Of New Housing NBE6: Trees And Woodlands NBE16: Development Affecting A Listed Building TR1: Access Requirements And The Impact Of New Development TR8: Parking Requirements For new Development

2. National Planning Policy Framework National Planning Practice Guidance

78 3. Draft Derbyshire Dales Local Plan Policy S3: Settlement Hierarchy Policy S5: Development In The Countryside

4. RELEVANT PLANNING HISTORY: None relevant

5. CONSULTATION RESPONSES Parish Council 5.1 The Council objected to this application on the following grounds: the design is out of character with local area. Despite Highways observations access would be better from the Brassington Road, Longcliffe. No pedestrian walkway or pavement between the cottages and the village of Brassington. There is lack of local amenities in the area.

Derbyshire County Council (Highways) 5.2 The application site has an existing vehicular access to the B5056 which is subject to a 50mph speed limit. Therefore in accordance with current guidance, as this application has the potential to significantly increase the traffic generation associated with the site, the vehicular access should achieve emerging visibility splays of 2.4m x 149m in both directions.

However, during a recent site visit a Highways Officer drove past the site several times, both individually and following traffic, and it seems passing vehicle speeds are supressed. Approaching from the east, vehicle speeds are reduced to approx. 40mph-45mph, presumably due to the proximity of the 4-way junction and approaching the brow of the road to the west of the application site. Approaching from the west, it was estimated speeds are approximately 35mph, presumably due to the horizontal and vertical alignment of the road and the reduced carriageway width when travelling under the bridge.

Based on the Highway Officers assessment of the approaching speeds, current guidance recommends the vehicular access is splayed with emerging visibility splays of 2.4m x 125m to the east and 2.4m x 84m to the west. The applicant is seemingly showing control of sufficient land either side of the access to achieve these splays, however it will involve reducing the height of the fronting boundary wall. These sightlines should be illustrated on a detailed drawing and submitted for approval.

Internally, the applicant is providing 2 parking spaces per dwelling which is sufficient, and adequate space is available to enable all vehicles (including delivery vehicles) to enter the site, turn and exit in a forward gear. The sites existing vehicular access is being widened to allow for 2-way traffic. The refuse bins could be stored on the entrance to the site without causing an obstruction.

Therefore, if your Authority is minded to permit the application, the Highway Authority recommends conditions in the interest of highway safety.

Development Control Archaeologist 5.3 The proposal is unlikely to have an archaeological impact.

Design and Conservation Officer (Derbyshire Dales) 5.4 To the west of the site are two listed buildings – railway bridge and railway station (both grade II). Immediately opposite the proposed site entrance is a further listed structure (grade II) which is a milepost. Abutting the western boundary of the site is a Historic Environment Record for the Longcliffe Railway Goods Yard. Immediately opposite the proposed site entrance is a further Historic Environment Record for a milepost.

79 The proposed development will not affect the fabric of the listed buildings or HER. However, the proposed development may have an impact on the setting of the heritage assets in terms of their form, layout and general appearance /presence. The immediate and most closely associated buildings are coursed stone 19th century vernacular cottages which have a local affinity, presence and elevation onto the road. These, coupled with the heritage assets form an historic enclave of buildings and structures. The proposed design, appearance, form, layout and detailing of the new dwellings have little, or no, affinity to their immediate environs and display no contextual architectural or design imagination or creativity. In that regard they may be considered to have some harmful impact to the character and appearance of the area and, by association, the nearby heritage assets.

Derbyshire Dales Group of the Ramblers 5.5 No objection providing that Brassington FP9 which runs near the development is not affected during or after the development.

Peak and Northern Footpaths 5.6 No objection

6. REPRESENTATIONS RECEIVED

6.1 No representation have been received

7. OFFICER APPRAISAL It is important to set out the current planning policy situation within which this proposal is to be assessed.

Based on recent analysis the Council can identify a rolling five year supply of housing land. It is also the case that allocations within the emerging local plan will also provide enough housing land throughout the plan period to meet the District Councils objectively assessed housing needs. The emerging local plan is, however, at an early stage in the plan making process and policies and strategic land allocations contained within it can be afforded only limited weight at this time.

Housing policies contained within the Adopted Derbyshire Dales Local Plan (2005) do not envisage new housing development beyond the plan period and are based on outdated housing needs information. As such, the housing policies of the adopted local plan are considered out of date. Therefore paragraph 14 of the NPPF becomes the relevant paragraph for consideration of this development.

Paragraph 14 states that –

For decision taking this means: Where the development plan is absent, silent or relevant policies are out-of-date, granting planning permission unless: − Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework as a whole; or − Specific policies in this framework indicate development should be restricted. o Footnote 9 to this latter part of paragraph 14, identifies policies relating to heritage assets as being an instance where there is not a presumption in favour.

In this case there are heritage issues to be assessed with regard to the impact the development of this site will have upon the setting of nearby listed structures and non- designated heritage assets noted in the Historic Environment Record. As such there is no presumption in favour of development.

80 In such a circumstance it is appropriate to weigh all the issues including heritage and come to a balanced decision based on sustainability.

The remainder of this report will analyse the scheme against the above guidance. In making a balanced judgement the decision taker is effectively asked to weigh the economic, social and environmental benefits and disbenefits against one another and only where those disbenefits significantly and demonstrably outweigh the benefits reject the scheme.

Having regard to the policies of the development plan, which can be afforded weight, guidance contained within the National Planning Policy Framework (NPPF) and responses received through the applications process the key issues to consider are:

1. Principle of Development 2. Impact upon the setting of the nearby listed structures 3. Character and Appearance 4. Highway Safety

Principle of Development

7.1 The application site is outside of any defined settlement as defined in either the adopted or draft local plan. Whilst the Draft Local Plan is still at an early stage the settlement hierarchy identifies where development should be located with an emphasis on the market towns. This is reiterated in policies SF4 and H4 of the Adopted Local Plan which restrict development in open countryside locations, however it is acknowledged that these policies are not consistent with the aims of the National Planning Policy Framework and therefore cannot be given weight in the decision making process.

7.2 Longcliffe is not a settlement as defined in Policy S3 of the Draft Local Plan and as such it is considered to be an ‘Other Rural Area’. In such a countryside locality development will be strictly limited to that which has an essential need to be located in the countryside. This is reiterated in policy S5 of the Draft Local Plan which stipulates what development is acceptable in countryside locations.

7.3 Paragraph 55 of the National Planning Policy Framework similarly restricts development in the countryside where it states that:

To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. For example, where there are groups of smaller settlements, development in one village may support services in a village nearby. Local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances such as: • the essential need for a rural worker to live permanently at or near their place of work in the countryside; or • where such development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets; or • where the development would re-use redundant or disused buildings and lead to an enhancement to the immediate setting; or • the exceptional quality or innovative nature of the design of the dwelling. In this case the proposed erection of four dwellings in this rural location would not meet the requirements of paragraph 55 and would constitute development in an unsustainable location and as such would be an unwarranted intrusion into the countryside. In this respect the proposal fails to meet the social and environmental roles of sustainability in that the occupants would be wholly reliant on the private motor car to 81 access services and facilities, there would be unwarranted intrusion into the countryside and by providing housing in a rural location away from any settlement the development would not be providing dwellings to meet the needs of a community.

Impact upon the setting of the Listed Building

7.4 It has been noted by consultees that the development of this site may have a harmful impact upon the setting nearby designated and non- designated heritage assets.

7.5 Paragraphs 132, 133 and 134 of the NPPF state that: 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. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration and destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification…….Where a proposed development will lead to substantial harm to or total loss of significance of a designated heritage asset, local planning authorities should refuse consent, unless it can be demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh the harm or loss……Where a development will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use .

7.6 The heritage assets noted are the railway bridge, the station building and the milestone on the roadside opposite the access to the application site, these are all grade II listed structures and their setting needs to be protected in order to preserve their significance.

7.7 The dwellings proposed are of a design and appearance that would be considered to be incongruous and contrary to the prevailing pattern of development due to the inappropriate design and materials. The render and timber cladding is not typical of the locality and the design as a whole fails to provide a high quality development that would be in keeping with the traditional stone built houses within the area. Whilst such development would be harmful to the surroundings as a whole given the siting of the development and the limited relationship and association between the site, the proposed development and the nearby listed structures it is not considered that the development itself would harm the significance of the designated heritage assets.

7.8 The non-designated heritage assets associated with the former railway operation would be similarly affected but again it is not considered that the impact would be detrimental to the significance of these non-designated heritage assets through harm to their setting.

7.9 It is not considered that the prosed development would be contrary to the requirements of policies 132 to 134 of the National Planning Policy Framework.

Character and Appearance

7.10 As mentioned above the design and material finish to the proposed dwellings is considered to be incongruous in this context where most of the surrounding dwellings are of a traditional form, detail and materials. As such it is considered that the development as submitted would be harmful to the character and appearance of the area. The inappropriate architectural form proposed would be contrary to policies SF4, SF5 and H9 of the Adopted Derbyshire Dales Local plan and guidance contained within the National Planning Policy Framework which seeks a high quality of built development.

7.11 The proposal therefore fails to meet the environmental role of sustainability under which development should protect and enhance the built environment. 82 Highway Safety

7.12 The Local Highway Authority has considered the proposed development and subject to providing and maintaining the required visibility splays have no objection to the proposed development subject to conditions. The proposed development is therefore considered to be acceptable in terms of highway safety.

Conclusion

7.13 It is necessary to assess all of the benefits and impacts of this development in order to establish whether this proposal amounts to sustainable development.

7.14 When making a decision on a planning application for development that affects a listed building or its setting, a local planning authority must 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. This obligation, found in sections 16 and 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (1), applies to all decisions concerning listed buildings.

7.15 In this case the impact of the development of the site has been considered and it is not considered that the proposed development will adversely impact upon the significance of the designated and non-designated heritage assets through harm to their setting. In this respect the development accords with the requirements set out in paragraphs 132 to 134 of the National Planning Policy Framework.

7.16 The three roles of sustainability need to be carefully considered:

In this case the social role of sustainability would not be met as the proposal would provide housing in an unsustainable location away from any settlement and as such would not provide any benefit to such a community in terms of providing housing to meet a defined need.

The economic role of sustainability would be met in a minor way through the construction process and through the additional residential spend following occupation. This has limited weight in the decision making process.

The environmental role of sustainability would not be met for the following reasons: residents of the proposed dwellings would be wholly reliant on the private motor car to access services and facilities, the development would be an unwarranted intrusion into the open countryside and the incongruous design and materials of the development would have a harmful impact upon the character and appearance of the locality.

7.17 On the basis of the above assessment it is considered that this proposal does not result in a sustainable form of development and would result in a form of development that would be harmful to the character and appearance of the area. The harm identified in this case outweighs the benefits and as such the proposal is not in accordance with the Adopted Local Plan or the National Planning Policy Framework.

8. RECOMMENDATION That planning permission be refused for the following reason(s).

1. Residential development in this location would be an inherently unwarranted and unsustainable form of development where occupants would be wholly reliant on the private motor car to access services and facilities. As such the development is contrary to guidance contained within the National Planning Policy Framework. 83 2. The incongruous architecture and inappropriate use of materials proposed would result in a form to development harmful to the prevailing character and appearance of the area. As such the proposal is contrary to policies SF5 and H9 of the Adopted Derbyshire Dales Local Plan and guidance within the National Planning Policy Framework.

NOTES TO APPLICANT: 1. The Local Planning Authority considered the merits of the submitted application and judged that there was no prospect of resolving the fundamental planning problems with it through negotiation. On this basis the requirement to engage in a positive and proactive manner was considered to be best served by the Local Planning Authority issuing a decision on the application at the earliest opportunity and thereby allowing the applicant to exercise their right to appeal.

2. This decision notice relates to the following documents: Proposed plans 553/01 and 02 received 23.09.16 Location plan 553/03 received 23.09.16 Site levels plan 500/05 received 23.09.16 Block plan 553/04 received 23.09.16

84 Planning Committee 15th November 2016 Agenda Item 4.6

APPLICATION NUMBER 14/00075/FUL SITE ADDRESS: Land Off Derby Road, Ashbourne

DESCRIPTION OF DEVELOPMENT Formation Of Vehicular Access To Service Potential Employment Development Site CASE OFFICER H Frith APPLICANT George Dutton Ltd PARISH/TOWN Ashbourne AGENT Mr David Peck WARD Cllr Chell and Cllr DETERMINATION 03/04/2014 MEMBER(S) Donnelly TARGET REASON FOR Due to level of public REASON FOR DETERMINATION interest SITE VISIT (IF BY COMMITTEE APPLICABLE)

MATERIAL PLANNING ISSUES

1. Principle Of Development 2. The Impact Upon Landscape Character 3. Highway Safety 4. Impact Upon Ecology

RECOMMENDATION

Approval

85 86 1. THE SITE AND SURROUNDINGS

The application seeks planning permission for the construction of an access road to serve a future employment site. The site is currently enclosed by a hedge along the roadside (A52) and is relatively flat grassland. The site is on the outskirts of Ashbourne. The area to the north and east of the site has a resolution to grant planning permission for an extensive housing and commercial development.

2. DETAILS OF THE APPLICATION

Planning permission is sought to provide an access road to a future employment site which was partially allocated under the 2005 local plan under policy EDT1 (d).

Through revised plans the access road is now proposed to be a simple ‘T’ junction with no alterations to the existing highway. The double width access will provide two way traffic movements to and from the site.

The indicative plan shows two office buildings on site to demonstrate the type of development that would form the employment site.

A preliminary ecological appraisal has been submitted in support of the application which makes recommendations relating to the potential for contamination of the watercourse, replacement hedge and other planting and the avoidance of works during the bird breeding season.

The submitted design and access statement notes the following key points: The land shows on the title plan is owned by the applicant which confirms the ability to achieve the required sightlines associated with the proposed access.

87 The transport statement confirms the design of the access is suitable for the intended use. The proposed access would operate with spare capacity and that the junction and traffic generated by the proposed development would have no significant impact on the local highway network and no improvements are required to off-site infrastructure or public transport. The indicative development assumed a development of two office units and associated parking. The ecological appraisal confirmed the site has limited ecological value. The hedgerow can be replanted behind the visibility splays. Additional landscaping can be provided to minimise visual impact. The local plan from 2005 allocated half the site for employment development and therefore anticipated the visual character of this site would change over time. Subject to a legal agreement permission is resolved to be granted for the development of the site to the north. The scale of this development is modest in comparison with the site to the north and therefore landscape and visual impact will be minimal.

3. PLANNING POLICY AND LEGISLATIVE FRAMEWORK 1. Adopted Derbyshire Dales Local Plan (2005) SF1: Development Within Settlement Frameworks Boundaries SF4: Development in The Countryside SF5: Design And Appearance of Development EDT1: Development Within Settlement Frameworks Boundaries EDT5: Industrial And Business Development Within Settlement Frameworks EDT15: New Build Industrial And Business Development Outside Of Settlement Frameworks. NBE5: Development Affecting Species Protected By Law Or Are Nationally Rare NBE6: Trees And Woodlands NBE7: Features Important In The Landscape NBE8: Landscape Character TR1: Access Requirements And The Impact Of New Development TR8: Parking Requirements For new Development

2. Other: National Planning Policy Framework National Planning Practice Guidance

4. RELEVANT PLANNING HISTORY: 14/00074/OUT Residential development (367 dwellings), employment site, commercial and community facilities, link road, access and landscaping (outline) – Resolution to grant planning permission from the committee awaiting the signing of the s106 agreement.

5. CONSULTATION RESPONSES Parish Council 5.1 Osmaston and Yeldersley Parish Council: No road traffic assessment is included. The access is only to a small area of land and therefore excessive. Will adversely affect the safety measures at Osmaston crossroads.

Further comments: The visibility splay is 60m, the stopping distance at 50 mph is 53m. A slow moving lorry will reduce the stopping distance dramatically. Widening the road and forming a large access will be a blot on the landscape. The development should not be approved until some form of development has been approved on the airfield site.

88 Ashbourne Town Council: Object: The road the access would go onto is too fast at 50 mph and dangerous.

Further comments: The entrance is on a dangerous stretch of road which is not wide enough to accommodate a filter and slow down the stream of traffic. There will be a negative impact on the Osmaston crossroads.

Derbyshire County Council (Highways) 5.2 Initial response: Clarification of extent of development sought. A right turn harbourage would be more suited to extensive development. No transport assessment submitted which would be expected in a major development application. Require improved geometry including 3 no. 3.5m wide lanes if right turn harbourage is to be created. The widening of the highway would then impact on visibility. Visibility in the south east appears to be outside of the application site boundary. This could provide access to the larger airfield development site. It would be beneficial to provide a holistic design solution this does not seem possible with separate applications. (14/00074/OUT and 14/00075/FUL) Further information is required.

Further response to additional information submitted: The Transport Statements outlines the development proposals and considers the transport implications associated with the development. Existing traffic data and vehicle speeds have been obtained from local traffic counters and already approved developments in the vicinity (committed developments), have been included in the transport analysis. However, it is noted that the Leys Farm development has not been included, as the Transport Statement predates the approval for this site (which now has planning consent for circa 100+ No dwellings). This is however unlikely to have a significant impact on the overall conclusions of the report.

The Statement includes accident data and whilst there are several recorded accidents in the vicinity of the site (including a fatality) there are no common causation factors, which the development related traffic would exacerbate.

The Statement suggests that walking, cycling and public transport offer a viable means of access to the site for employees, given the existing infrastructure already in place. However, in reality, and proximity of the site on the edge of Ashbourne and partially unlit route next to a high speed road, it is doubtful there would be much of a modal shift towards more sustainable means of travel to the site – unless links to the adjoining new development on the ‘Airfield’ site could be provided (obviously with the landowners permission).

It has been demonstrated that a priority controlled ‘T’ junction operates satisfactorily in terms of capacity for the proposed scale of development. The impact from the development related traffic has also been considered on the wider highway network, based on predicted trip distributions, including the A515 / A517 / Derby Road junction. Your Authority is acutely aware of the limitations of the existing highway network, particularly within the town centre, in connection with previous consultation responses for other developments in the area; and in connection with the transport evidence base as part of your Authority’s Local Plan process. The aforementioned signalised junction is already operating (with committed development proposals) over capacity and whilst the predictions for traffic impact at this location within the Statement are considered to be low, it will nevertheless increase the peak hour traffic flows on the highway network even further. However, ultimately, this application is unlikely to result in such a severe highways impact that could be substantiated or defended, in the event of an appeal.

89 It should be understood that, as a generality, the Highway Authority does not “agree” the content of a Transport Assessment or, inevitably, concur with every detail contained therein. However, providing it is considered that the conclusion is sound then it is not regarded as reasonable or warranted to require the applicant to devote resources to amending detail which would not vary the conclusion.

It is clear from the land title information that the applicant controls a considerable roadside site frontage, sufficient to achieve the visibility sightlines required at the proposed access point. However, it will be necessary to extend the application site boundary to ensure the access and supporting visibility criteria can be secured by condition. I attach a sketch extract of a suggested red line boundary, to encompass the required visibility splays, for consideration.

Based on the information now provided and subject to the application site boundary being modified it is unlikely the Highway Authority would be in a position to demonstrate the proposals would have a severe impact on the existing highway network, sufficient to raise a sustainable objection in principle to the application proposals. Should the proposals be acceptable in planning terms then conditions and footnotes are recommended.

Derbyshire Wildlife Trust 5.3 Initial response: The roadside hedgerow meets the definition of a UK biodiversity action plan priority habitat. Mitigation and/or compensation would be required to ensure the proposal does not result in a net loss of biodiversity in line with the NPPF. No detail on extent of hedgerow removal. An ecological appraisal is required. There are soil mounds and rubble on the site with potential for reptile habitat; this should be considered as part of the appraisal. Insufficient information has been submitted to determine the ecological impacts of the application.

Further comments in response to the submission of a preliminary ecological appraisal submitted in support of the application: Although the survey was not carried out at the optimal time of year this is not considered to be a constraint in this case. The main biodiversity feature is the hedgerow. No protected species have been identified other than breeding birds. The development will result in the partial loss of the hedgerow and several trees this could have an impact upon breeding birds. A replacement hedge will need to be planted equivalent or longer than the hedge to be lost. The measures in the appraisal should be followed. Development should avoid the bird breeding season. Recommend the submission via condition of a construction ecological management plan and standard condition on avoiding the bird breeding season unless a survey is carried out and approved by the LPA along with the submission and agreement of a landscaping scheme incorporating the replacement hedgerow.

Landscape Design Officer (Derbyshire Dales) 5.4 The proposal is likely to have an adverse impact on landscape character and visual amenity as a result of development of a new industrial access on the edge of open countryside. The roadside hedge will be temporarily lost. Engineering works to include a right hand turning refuge and islands will be extensive, signing will probably follow and extended sightlines will be maintained as closely mown verge. The development will be an urbanising element in an area characterised by open countryside.

90 The industrial estate already possesses adequate access of the Derby Road within the built up area of Ashbourne to the north. Access would already seem available via Blenheim Road. The proposal ignores the prospect of extensive mixed development use being considered on the airfield. The proposed access is on the inside of a bend which does not make it ideal in terms of visibility and has implications for the hedge which would need to be removed and replaced. The access will open up views into the site in an area where additional screening would be more appropriate. An additional access onto the A52 is inevitable as a consequence of prospective major development. This is likely to be a more favourable location and there would appear to be more scope for accommodation an access successfully within the landscape. The more access points on this stretch of the A52 the more adverse impact is likely to result.

6. REPRESENTATIONS RECEIVED 6.1 A total of 8 representations have been received. A summary of the representations is outlined below:

Comments on 14/00075/FUL and 14/00074/OUT (housing development) not including the comments in reference to the housing development: The land is in the Parish of Yeldersley not Ashbourne, it is Ashbourne that has had the additional housing not Yeldersley. This is not a healthy site for development due to air pollution from the industrial estate. To build housing so far out of town puts pressure on all resources, there are other more suitable sites nearer the town. Yet another piece of farming land being used as commercial development, regret the diminishing agricultural acreage. The Airfield is too remote from Ashbourne and cut off from local services. May result in further complaints regarding use of the airfield. There will be serious congestion. Development should be within Ashbourne. This is not a brownfield site as it has not been in use for many years. The land is a haven for wildlife including birds and great crested newts. This access is from a dangerous road. Increase in traffic will be a danger to highway safety. The proposed junction is close to Osmaston crossroads, traffic may prefer to by pass through Osmaston. Other local roads will be used as a rat run, this could include heavy goods vehicles. Inappropriate location for such development. Significant and disproportionate impact on local residents.

Comments on 14/00075/FUL only: Already suffer nuisance from the industrial estate. Already have problems with sewage and other substances from the estate. There are issues with flooding on Snipesmoor Lane. There is surface water run-off from A52 into our property; the re-surfacing has made this worse as will additional hard-surfacing. We will be surrounded by roads and industrial units. No road traffic assessment This area of road is notorious for speed related incidents. A ghost island would not enhance the situation.

One letter in support: Increase the use of the airfield creating much needed employment. Better access than the JCB submission. 91 The airfield should be for commercial not residential development. The access via Blenheim Road has long been inadequate this will improve our quality of life.

7. OFFICER APPRAISAL The following material planning issues are relevant to this application: 5. Principle Of Development 6. The Impact Upon Landscape Character 7. Highway Safety 8. Impact Upon Ecology

Principle Of Development

One of the core planning principles of the NPPF is that planning should proactively drive and support sustainable economic development to deliver homes, businesses and industrial units, infrastructure and thriving local places that the country needs.

In this respect policy EDT1 of the Adopted Local Plan allocates the north westerly end of this site for employment uses. Policy EDT1 states that:

Planning permission will be granted for industrial and business development on the sites identified. This site is identified under (d) land at Ashbourne industrial estate.

Furthermore planning committee have resolved to grant planning permission for the development of the site which surrounds this application site to the north and east with substantial residential and commercial development (14/00074/OUT). Therefore whilst ordinarily outline planning permission would be sought for development along with the consideration of access, the proposal in this case to seek permission for the access only, without an outline consent, is considered to be acceptable given the partial allocation of the site in the adopted local plan and the resolution to grant permission on the adjacent site. This application whilst seeking the access, if permitted, would not amount to an outline approval for the employment development which would require further planning permission. A condition will be required for a phasing of development to be submitted which will ensure that the access is not provided without some surety that the building works for the employment use will be provided.

Given the status of part of this site in the Adopted Local Plan, the presumption in favour of development in the NPPF and the need to promote economic development, it is considered that subject to all other matters being acceptable, the development of this site for an access to serve an employment site is acceptable in principle.

The Impact Upon Landscape Character

Concern regarding the visual impact of the proposed access road would have upon landscape character has been raised. However, given the resolution to grant planning permission for the development of the site to the north of tis application site it is considered that the visual impact of this proposed development would be minimal. It will, for reasons of ecology, be necessary to provide additional planting via a landscaping scheme but this will also help to minimise the visual impact of the development. Subject to such landscaping of the site it is considered that the scheme is acceptable in terms of landscape and visual impacts.

Highway Safety

The initial submission had a proposed access of greater status than is now proposed. The proposed access would be a simple ‘T’ junction only allowing two way traffic movements 92 with no alterations to the public highway. Following the submission of a detailed transport assessment the Local Highway Authority are now satisfied with the proposal subject to visibility splays which extend beyond the red line of the application site but are within the applicant’s ownership. It should be noted that the comments of the Local Highway Authority have taken into account the decision of the committee to grant permission for the development of the adjacent site with associated access. Subject to conditions the proposal is considered to be acceptable in terms of highway safety.

Impact Upon Ecology

Following the submission of a preliminary ecological appraisal Derbyshire Wildlife Trust have advised that they are now satisfied that subject to conditions the proposed development will not adversely affect biodiversity and protected species. Although the development will lead to the loss of the existing hedgerow, this can be mitigated against through a landscaping scheme to include the planting of a new hedge outside of the visibility splay. Other concerns related to the potential to contaminate the watercourse (ditch) at the access point and development to take place outside the bird breeding season. These matters are adequately covered through the imposition of conditions. On this basis the impact upon ecology is not sufficient to warrant refusal of the application.

Conclusion

The proposed development will lead to the provision of infrastructure to encourage economic development in a sustainable location on the outskirts of Ashbourne. The adverse impacts of the development can be mitigated against through conditions. The Local Highway Authority are satisfied with the revised proposal. As there are no adverse impacts from the scheme it is recommended that planning permission be granted.

8. RECOMMENDATION That planning permission be granted subject to the following conditions.

1. Condition ST02a: Time limit on full

2. Prior to the commencement of development a detailed phasing plan shall be submitted demonstrating that planning permission will be sought for detailed development on the site and that works will commence prior to the access being completed.

3. No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

4. 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 by a competent ecologist to assess the nesting bird activity on site during this period, and details of measures to protect the nesting bird interest on the site, have first been submitted to and approved in writing by the local planning authority and then implemented as approved.

5. Condition LA12a: Approval of landscaping scheme before commencement. (delete f, h, i, j, l, m and n) (after e add – including the planting of a native hedge and the detail of this)

6. Condition LA13a: Landscaping to be carried out and maintained

93 7. Works shall take place in accordance with the recommendations of the preliminary ecological appraisal by RammSanderson received 24.12.2015

8. Development shall be limited to the scale and nature identified on the application form and in the supporting Transport Statement dated 21/12/2015, unless otherwise agreed in writing with the Local Planning Authority.

9. No development shall take place, including any works of demolition, until a construction management plan / construction method statement has been submitted to and been approved in writing by the Local Planning Authority. The approved plan / statement shall be adhered to throughout the construction period. The plan / statement shall provide for: a. Parking of vehicles for site operatives and visitors, b. storage of plant and materials and site accommodation, c. routes for construction traffic, d. method of prevention of mud / debris being carried onto the public highway, e. proposed temporary traffic management / restrictions, f. arrangements for loading / unloading and turning vehicles within the site, g. site access arrangements and roadside fencing / hoarding,

10. Before any other operations are commenced the new vehicular access to the A52 shall be laid out in accordance with the revised application drawings (Drg No 14114-002 Rev A and 14114-003 Rev A) and constructed, drained and lit in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Prior to the access being taken into any form of use (temporary or permanent) it shall be provided with minimum visibility sightlines of 2.4m x 180m to the north west and 2.4m x 174m to the south east directions, the area in advance of the sightlines remaining free from any obstructions to visibility over 1m high (600mm in the case of hedges / vegetation) relative to the nearside carriageway channel level. The access and sightlines being thereafter maintained in accordance with the approved details for the life of the development. For the avoidance of doubt the developer will be required to enter into a Highways Act 1980 Agreement (Section 278) with the Highway Authority, in order to comply with the requirements of this condition.

11. As part of any reserved matters or full planning application detailed designs for the following shall be submitted to and approved in writing by the Local Planning Authority:- a. pedestrian access between the site and public highway, b. measures for vehicles, including delivery and service vehicles, to turn within the site, c. roadside verge / boundary treatment of the site, alongside the A52. The approved details being laid out and constructed in a timescale to be agreed in writing with the Local Planning Authority.

12. No development shall take place until construction details of the residential estate road(s) and footway(s) (including layout, levels, gradients, surfacing and means of surface water drainage) have been submitted to and approved in writing by the Local Planning Authority.

13. The carriageways and footways shall be constructed up to and including binder course surfacing to ensure that each building, prior to occupation, has a properly consolidated and surfaced carriageway and footway, between the building and the existing public highway. The carriageways, footways and footpaths in front of each building shall be completed with final surface course within twelve months from the occupation of such building, unless otherwise agreed in writing by the Local Planning Authority.

14. As part of a full planning application detailed designs of the on-site parking and manoeuvring arrangements for staff and visitors, including service / delivery vehicles and cycle parking, shall be submitted to and approved in writing with the Local Planning Authority. The premises, the subject of the application, shall not be taken into use until the 94 approved parking and manoeuvring arrangements have been laid out, constructed and marked in accordance with the approved details. The facilities then being retained throughout the life of the development free from any impediment to their designated use.

15. There shall be no gates, or any part of their opening arc, permitted to open out over the public highway; any, gates or barriers at the access point shall be set back a sufficient distance in to the site to prevent an obstruction of the adjoining public highway, all as may be agreed with the Local Planning Authority. Any gates, barriers or other access controls shall remain in an open position throughout the entire working day / daily business opening hours.

16. Within 28 days, or other such period of time as may be agreed with the Local Planning Authority, of the new access being constructed any other means of access to the A52 (existing or temporary) shall be permanently closed and the existing vehicle crossover(s) reinstated with full height kerbs and appropriate footway / verge construction in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority.

17. Works shall not commence on site until a scheme for the disposal of highway surface water has been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details prior to occupation of any building and retained accordingly thereafter.

Reasons:

1. Reason ST02a

2. To ensure some surety that the access will be accompanied by the associated employment development.

3-4. To ensure protected species are not adversely affect by the development in accordance with policy NBE5 of the Adopted Local Plan and guidance contained within the National Planning Policy Framework.

5. In the interests of biodiversity and landscape character in accordance with policies NBE5 and NBE8 of the Adopted Local Plan and guidance contained within the National Planning Policy Framework.

6. Reason LA13a: in accordance with policies NBE5 and NBE8 of the Adopted Local Plan and guidance contained within the National Planning Policy Framework.

7. To ensure protected species are not adversely affect by the development in accordance with policy NBE5 of the Adopted Local Plan and guidance contained within the National Planning Policy Framework.

8-17. In the interest of highway safety in accordance with policies TR1 and TR8 of the Adopted Local Plan and guidance contained within the National Planning Policy Framework.

NOTES TO APPLICANT: 1. The Local Planning Authority prior to and during the consideration of the application engaged in a positive and proactive dialogue with the applicant which resulted in the submission of a scheme that overcame initial concerns relating to highway safety and ecological impacts.

95 2. Pursuant to Sections 149 and 151 of the Highways Act 1980, the applicant must take all necessary steps to ensure that mud or other extraneous material is not carried out of the site and deposited on the public highway. Should such deposits occur, it is the applicant’s responsibility to ensure that all reasonable steps (e.g. street sweeping) are taken to maintain the roads in the vicinity of the site to a satisfactory level of cleanliness.

3. Pursuant to Section 163 of the Highways Act 1980, where the site curtilage slopes down towards the public highway measures shall be taken to ensure that surface water run-off from within the site is not permitted to discharge across the footway margin. This usually takes the form of a dish channel or gulley laid across the access immediately behind the back edge of the highway, discharging to a drain or soakaway within the site.

4. Pursuant to Section 184 of the Highways Act 1980 and Section 86(4) of the New Roads and Streetworks Act 1991 prior notification shall be given to the Strategic Director of the Economy, Transport and Communities Department at County Hall, Matlock regarding access works within the highway. Information, and relevant application forms, regarding the undertaking of access works within highway limits is available via the County Council’s website http://www.derbyshire.gov.uk/transport_roads/roads_traffic/development_control/vehicular _access/default.asp, Email - [email protected] or telephone Call Derbyshire on 01629 533190.

5. Pursuant to Section 278 of the Highways Act 1980 and the provisions of the Traffic Management Act 2004, no works may commence within the limits of the public highway without the formal written Agreement of the County Council as Highway Authority and the works being covered by the appropriate legal Agreement. It must be ensured that public transport services in the vicinity of the site are not adversely affected by the development works. Advice regarding the technical, legal, administrative and financial processes involved in Section 278 Agreements may be obtained from the Strategic Director of the Economy, Transport and Communities Department at County Hall, Matlock. The applicant is advised to allow approximately 16 weeks in any programme of works to obtain a Section 278 Agreement.

6. Pursuant to Section 50 (Schedule 3) of the New Roads and Street Works Act 1991, before any excavation works are commenced within the limits of the public highway (including public Rights of Way), at least 6 weeks prior notification should be given to the Strategic Director of the Economy, Transport and Communities Department at County Hall, Matlock (telephone: 01629 533190 and ask for the New Roads and Street Works Section).

7. Construction works are likely to require Traffic Management and advice regarding procedures should be sought from David Nicholson, Traffic Management - telephone 01629 538685.

8. Under the provisions of the New Roads and Street Works Act 1991 and the Traffic Management Act 2004, all works that involve breaking up, resurfacing and / or reducing the width of the carriageway require a notice to be submitted to Derbyshire County Council. Works that involve road closures and / or are for a duration of more than 11 days require a three month notice; developers’ works will generally fall into this category. Developers and Utility companies (for associated services) should prepare programmes for all works that are required for the development, such that these can be approved through the coordination, noticing and licencing processes. This will require developers and Utility companies to work to agreed programmes and booked slots for each part of the works. Discussions should therefore take place with Derbyshire County Council’s Highway Noticing Section, at County Hall, Matlock at the earliest stage possible. 96 9. The application proposals are affected by a Prescribed Improvement and Building Line (No 83B) under the Public Health Act and Road Improvement Acts 1925. Whilst it is an offence to undertake building works in advance of this line, it may be possible for the applicant to apply to rescind the lines. The applicant is advised to write to the Strategic Director Economy, Transport and Communities at County Hall, Matlock, DE4 3AG, at least 6 weeks before commencing works, requesting that the lines be removed and confirming that they will meet the Authority’s administrative / legal costs if the removal is approved.

10. The Town and Country Planning (Fees for Applications and Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (SI 2012/2920) stipulate that a fee will henceforth be payable where a written request is received in accordance with Article 30 of the Town and Country Planning (Development Management Procedure) Order 2010. Where written confirmation is required that one or more Conditions imposed on the same permission have been complied with, the fee chargeable by the Authority is £97 per request. The fee must be paid when the request is made and cannot be required retrospectively. Further advice in regard to these provisions is contained in DCLG Circular 04/2008.

11. This decision notice relates to the following documents: Design and Access Statement received 26.01.16 Preliminary ecological appraisal received 24.12.15 Transport statement received 26.01.16 Proposed plans 14114-002 Rev A, 14114-003 Rev A, 14114-001 Rev A Title plan no. DY222875 received 26.01.16 Location plan received 06.02.14site photos received 26.01.16

97 Planning Committee 15th November Agenda Item 4.7 2016

APPLICATION NUMBER 15/00861/FUL SITE ADDRESS: LAND EAST OF CHESTERFIELD ROAD/SOUTH OF QUARRY LANE, MATLOCK

DESCRIPTION OF DEVELOPMENT RESIDENTIAL DEVELOPMENT OF 86 DWELLINGS AND ASSOCIATED PUBLIC OPEN SPACE

CASE OFFICER Mr. G. A. Griffiths APPLICANT Harron Homes TOWN Matlock AGENT I D Planning

WARD Cllr. S. Flitter DETERMINATION 2nd March 2016 MEMBER(S) Cllr. Mrs. J. Stevens TARGET Cllr. Mrs. D. Botham REASON FOR Major application/ REASON FOR Not required as Members DETERMINATION departure from SITE VISIT (IF have visited the site in recent BY COMMITTEE development plan APPLICABLE) times

MATERIAL PLANNING ISSUES • Principle/planning policy context; • Impact of the development on the character and appearance of the landscape and the setting of the Lumsdale Conservation Area and Scheduled Monument • The housing mix and requirement for affordable housing provision • The density of development and appropriateness in context • Impact on amenity of residents in the locality • Means of access to the site and highway/pedestrian safety • Public rights of way • Impact of development on archaeology • Impact of the development on protected species • Impact on trees and landscape features • Drainage and Flood Risk • Provision of community infrastructure through developer contributions • Open space provision.

RECOMMENDATION

Approval

98 99 1. THE SITE AND SURROUNDINGS

1.1 The area in which the application site is located comprises a series of pastoral fields divided by dry stone walls. Bentley Brook runs down the western side and forms the boundary with existing development. There is a dense growth of trees and other vegetation is associated with the line of the brook. The land slopes upwards from the brook to the east, initially quite gently then more steeply close to the eastern boundary.

1.2 The eastern boundary is defined by a high ridge, the site of the former Lumshill Quarry, which has now become thickly wooded. Chesterfield Road forms the north west boundary and this is defined by a roadside wall and narrow belt of trees of various species and different ages. Quarry Lane defines the north western boundary which is characterised by a short line of cottages and an associated chapel. There are pastoral fields to the south and larger block of woodland associated with the brook to the south west.

1.3 In the surrounding area there are late twentieth century housing estates and school buildings associated with the urban edge of Matlock to the south. These are intermixed with older residential buildings associated with former industry at the quarry and within Lumsdale itself. Matlock Golf Course is on the northern side of Chesterfield Road.

1.4 In terms of the landscape and the wider area, the eastern valley slope of Bentley Brook rises to the high eastern ridgeline. Visually, the area is quite well contained by the eastern ridgeline, vegetation belts associated with the brook on the western side and a broader belt of woodland to the south west. Intermittent hedgerow and occasional buildings on, or close to, Chesterfield Road partially screen the area in views from it. The higher ground to the east is very conspicuous in views from Sandy Lane which lie to the west. Riber Castle, and the high ground associated with it, is prominent in views from the southern edge of the site.

1.5 There are constraints on development which include a public footpath routed along the track immediately to the south west of the cottages on Quarry Lane and the Lumsdale Conservation Area lies immediately to the south of the area. There are woodland and wetland habitats associated with Bentley Brook. The higher ground of the application site is open to middle and long distance views from the north and south.

100 2. DETAILS OF THE APPLICATION

2.1 Full planning permission is sought for the construction of 86 dwellings with associated public open space and infrastructure. The reason for the submission of this application is that the potential developer has changed and, as such, the development proposed by the developer differs from the previous approvals.

2.2 This planning application was originally submitted for 84 dwellings but the numbers have been increased by two further to discussions with Officers, with respect to improving the design and layout of the development, during the consideration of the application. The number of dwellings remains reasonably consistent with the dwellinghouses approved with full planning permission 14/00436/FUL (64 dwellinghouses) and with outline planning permission 14/00482/OUT (a further 16 dwellings) which totalled 80 dwellings. These two permissions covered the site which is subject to this current application.

101 2.3 Supporting documents are provided with the application, which include the following:

Planning Statement Design and Access Statement Flood Risk Assessment Geo-environmental Report Transport Statement Travel Plan Preconstruction Ecology Survey Draft Heads of Terms (Section 106 agreement)

2.4 Other than the prominent, three storey feature building proposed adjacent to the frontage of the site to Chesterfield Road, the dwellinghouses proposed throughout the site are a mixture of the developer’s standard house types. The dwellinghouses are proposed as follows:

Open Market Houses - 2 no. three bedroomed houses - 35 no. four bedroomed houses - 14 no. 4/5 bedroomed houses - 15 no. 5 bedroomed houses

Total = 66

Affordable Houses - 4 no. one bedroomed houses - 15 no. two bedroomed houses - 1 no. two bedroomed bungalow

Total = 20

2.5 The original submission proposed some house types that were considered unacceptable to Officers; these have now been omitted from the proposals. All dwellinghouses were proposed to be of re-constituted gritstone which Officers considered was unacceptable for this prominent site adjacent to Chesterfield Road and set adjacent to the Lumsdale Conservation Area and the Scheduled Ancient Monument to the south of the site. The proposal is now for 17 open market dwellinghouses to be of full gritstone construction with 5 (affordable) dwellinghouses being stone fronted. The stone dwellinghouses are proposed in the most prominent locations on the site; at the entrance to the site off Chesterfield Road, at the head of the green space within the site, continuing along from Quarry Lane and in the upper area of the site. The stone fronted dwellinghouses are proposed to front onto the footpath where access is gained from Lumsdale.

2.6 Within the site, there are areas of green, open space. This is particularly characterised by the open space set to the north of the access road and which abuts the rear gardens of Quarry Lane. A ‘village green’ is also proposed at the head of the main access into the site and forms a central feature to the development. There is also a green space between the proposed residential development and Bentley Brook along which there is a footpath linking from Chesterfield Road through to Lumsdale.

102 2.7 The hardsurfacings are proposed to be largely tarmac for the roads and pavements, which are to be to an adoptable standard. There are private accesses, drives and parking spaces proposed to be surfaced with a resin bonded aggregate or block paving to provide distinction from the adopted highway.

3. PLANNING POLICY AND LEGISLATIVE FRAMEWORK

3.1 Adopted Derbyshire Dales Local Plan (2005) SF4 Development in the Countryside SF5 Design and Appearance of Development SF7 Waste Management and Recycling SF8 Catering for the Needs of People with Disabilities in Development and Redevelopment H4 Housing Development Outside Settlement Frameworks H9 Design and Appearance of New Housing H12 Alternative Provision for Affordable Housing Outside Settlement Frameworks NBE4 Protecting Features or Areas of Importance to Wild Flora and Fauna NBE5 Development Affecting Species Protected by Law or are Nationally Rare NBE6 Trees and Woodlands NBE7 Features Important in the Landscape NBE8 Landscape Character NBE12 Foul Sewage NBE21 Development Affecting a Conservation Area NBE24 Archaeological Sites and Heritage Features NBE26 Landscape Design in Association with New Development NBE27 Crime Prevention CS1 Sites Required for Community Facilities CS8 Provision of Community Infrastructure L6 Outdoor Playing Space in New Housing Developments TR1 Access Requirements and the Impact of New Development TR2 Travel Plans TR8 Parking Requirements for New Development

3.2. National Planning Policy Framework (2012) Paragraphs 7, 12, 14, 17, 47, 49, 50, 56, 73, 109, 118, 123, 129, 131, 132, 133, 134, 135, 139, Annex 1: Implementation Paragraphs 210, 214, 215

3.3 National Planning Practice Guidance

3.4 Draft Derbyshire Dales Local Plan (2016) S3: Settlement Hierarchy (Matlock is a first tier settlement) HC4: Affordable Housing HC11: Housing Mix and Type

3.5 Other The ‘Setting Of Heritage Assets’ document 2015 (Historic England)

Lumsdale Conservation Area Appraisal

Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2011 Wildlife and Countryside Act 1981

EC Birds and Habitats Directive (92/43/EEC)

The Conservation (Natural Habitats etc) Regulations 1994 103 Derbyshire Dales District Council Supplementary Planning Document • Affordable Housing

4. RELEVANT PLANNING HISTORY 14/00482/OUT Residential Development (Outline) – Granted 14/00436/FUL Residential Development of 64 dwellings with associated infrastructure – Granted 14/00120/OUT Residential Development (Outline) – Withdrawn 13/00456/OUT Residential Development of 65 dwellings with associated infrastructure (Outline) - Granted

5. CONSULTATION RESPONSES

Town Council 5.1 - no comments received.

Environment Agency 5.2 - satisfied that the proposed surface water and flood compensation scheme is acceptable in accordance with previously submitted drawings.

Land Drainage (Derbyshire County Council) 5.3 - advise that a robust drainage strategy has not been submitted that addresses surface water run-off, SuDs provision and management, details of flood flow paths in excess of 1:100 year rainfall event, appropriate ground investigations, the provision of attenuation/ storage features and recommend a suitable buffer to reduce the likelihood of properties being impacted by the Bentley Brook. - recommend conditions with respect to details of surface water drainage/SuDS provision and meeting with Building Regulations in terms of water destination - advisory notes requested advising that County Council do not adopt private SuDS schemes.

Derbyshire County Council (Highways) 5.4 - no objection - advise that that the access should be provided with sightlines of 2.4m x 97m and 2.4m x 100m as an absolute minimum - internal street layout is comparable to the previous approved layout - accident data for the roads in the vicinity of the site do not suggest a significant road safety problem in the area - cycle storage and electric vehicle charging points should be considered by the developer - would wish to ensure the aspirations of the Travel Plan, and development as a whole, accords with the assumptions made within the Transport Assessment at this stage but to recoup its cost from the developer through a Section 106 Agreement – the current costs of £500 per year over a 5 year period should be sufficient for this purpose (total £2,500). - off-site public transport improvements were required as part of the previous application and still considered appropriate - considered that pedestrian crossing points, with tactile paving, be included to provide more commodious links to the existing bus stop facilities from the new development, along with kerbing works to the existing bus boarders to improve accessibility for those who are mobility impaired. - the proposed improvement for Quarry Lane in the form of a turning head, using part of the development site would be desirable to achieve but not essential to off-set the impact of the development as Quarry Lane is extremely limited in terms of geometry and construction, and has limited emerging vehicle visibility at its junction with Chesterfield Road

104 - permitted development rights for access to this lane were removed by condition as part of application reference 14/00482/OUT, and the Local Highway Authority would again look to secure a condition preventing vehicle access to be taken/or permitted development rights to be restricted to prevent future accesses being established off Quarry Lane, from the proposed development site.

Derbyshire County Council (Policy and Monitoring) 5.5 - proposals would be broadly in accordance with national policies in the NPPF for sustainable development and the development of larger-scale housing schemes as sustainable urban extensions - broadly in accordance with the evidence base which underpinned the policies in the former East Midlands Regional Plan - current planning application for 84 dwellings would be likely to help meet some of the District’s future housing needs up to 2033, in a sustainable location on the edge of the settlement of Matlock - as the District Council cannot demonstrate a five year housing land supply, there would otherwise be a presumption in favour of granting permission for the proposed development of 84 dwellings on the current application site. - as the site is a greenfield site with few physical constraints, it is likely that it could be developed either partly or wholly, within five years and help contribute to the District’s five year housing land supply needs - remains of significant concern that the current planning application proposes to include only 20 affordable units at a rate of only 23% of the overall total level of provision - design and layout of the previous application for 65 dwellings on the site incorporated significant lengths of dry stone walling as internal barriers but it is not clear from the DAS of the current application, whether this is still proposed to be the case.

Derbyshire County Council (Strategic Planning) 5.6 - financial contribution to be secured via Section 106 planning obligation of £600,000 - financial contribution towards an artificial sports pitch and associated facilities at Highfields School (secondary) - would normally request a financial contribution towards primary school places but decision of Planning Inspector on residential development at Asker Lane, Matlock and reviewing Developer Contributions protocol - Highfields School has capacity within the next five years - advice to be provided via notes attached to planning permission (if granted) on access to high speed broadband services for future residents (in conjunction with service providers) and designing new homes to Lifetime Homes standards.

Head of Housing (Derbyshire Dales DC) 5.7 - applicant asked about the on/off site contribution reflecting the reduction in affordable housing provision from 45% to 30% due to the emerging Local Plan and advised that any reduction in the number of units should be from the off-site element of the scheme - advised that the off-site contribution would be based on a likely need of 2 bed 4 person units.

Derbyshire Wildlife Trust 5.8 - no objection - application will have an adverse impact on grassland of nature conservation interest and suitable mitigation will be required which should be provided before the application is considered acceptable on environmental grounds (retention, protection and management of fields 1, 2 and 3) - support bat mitigation measures - require a condition with regard to the provision of a Landscape and Ecological Management Plan (LEMP).

105 Natural England 5.9 - no comment but advise on referral to specialist advisors.

Historic England 5.10 - no objection of proposal in relation to the significance of the scheduled monument in the context of previous permissions - LPA will need to consider the proposal in relation to the impact on the significance of the Conservation Area and seek advice on archaeological issues.

Design and Conservation Officer (Derbyshire Dales DC) 5.11 - part of the development site abuts the Conservation Area and Scheduled Monument - proposed development of the site will need to be carefully considered in terms of layout, design and materials in views from these areas - comment on original proposal - the proposed house types, within this sensitive area or zone, do not appear to be designed or conceived for their specific context/setting and appear alien and will have a harmful impact on the setting of the Conservation Area/Scheduled Monument and views to and from the designated assets - use of artificial stone is considered to be a poor proposal for such a sensitive location/area/context.

Conservation Advisory Forum 5.12 - noted that the principle of development of this site was established and that the current road layout etc. was very similar to the previously approved scheme - primarily concerned about the interface of the proposed development with the adjacent Conservation Area and Scheduled Monument - considered the proposed layout/design, particularly that in the areas closest to the designated heritage assets, were poorly considered - noted that the approved scheme was much more site specific in its housing layout considerations and building designs - the current layout considerations and building designs were considered to be of poor design quality with a clear emphasis on particular product placement (with little or no recognition of, or to, context and setting) rather than good design related specifically to its context and setting - raised concern over the proposal to construct the development in artificial stone. - raised concerns over the housing layout closest to the Conservation Area/Scheduled Monument in being poorly considered in terms of their orientation and the various areas of undeveloped land within the site around and between them in this sensitive location.

Landscape Design Officer (Derbyshire Dales) 5.13 - no objection in principle - principles for the development of an acceptable landscape structure, established during the consideration of the previous applications, have been retained - comments on the landscape masterplan and require detailed landscape masterplan to be submitted as a condition on any planning permission.

Peak and Northern Footpaths Society 5.14 - no substantial objection - Matlock FP7 would run over footway of an estate road – DEFRA Circular 1/09 advises that this should be avoided wherever possible and should run through landscaped areas - if unavoidable, then must be at least 2m wide grassed/vegetated strip between the footpath and the carriageway - welcome the link to Lumsdale footbridge and new footpath along Bentley Brook – path should be adopted as a public right of way - developer should make a contribution to off-site improvement and maintenance of Footpaths 7 and 33 Matlock as use of the paths will increase sustainability.

106 Derbyshire Dales Group of Ramblers 5.15- no objection providing that Matlock FP7, which runs through, and Matlock FP33, which is adjacent to, the development are kept open and not obstructed both during and after development.

Planning Control (Derbyshire County Council) 5.16 - no adverse impact on minerals safeguarding interests.

The Coal Authority 5.17 - site does not fall within the defined Development High Risk Area - include standing advice if permission granted.

Derbyshire Fire and Rescue 5.18 - strongly recommend the installation of domestic sprinkler systems or provide a 32mm water supply capable of delivering required water volumes for such installation in the future.

Crime Prevention Design Advisor (Derbyshire County Council) 5.19 - majority of issues raised with the previous submission have been addressed.

6. REPRESENTATIONS RECEIVED

6.1 A total of nine representations have been received with regard to the original submitted plans. A summary of the representations is outlined below: • quantity of houses considerably higher which will create more of a housing estate feel • over-reliance on artstone and grey flat roof tiles – application by Wildgoose construction used natural stone and rendered walls which gave a variety of texture and colour- not reflected in the clichéd and uniform design style of this large development • impact of Plots 2-5 being 2.5 storey height which will affect open outlook to occupiers of dwellings on Quarry Lane – ask that they be reduced to 2 storey • traffic survey carried out at October half-term and gives a false impression of speed and quantity of traffic on Chesterfield Road • additional houses will lead to additional pressure on local infrastructure, schools, medical facilities, etc. • turning area at the top of Quarry Lane seems to have been repositioned on land not owned by the developers – the turning area should remain where it is and maintained to allow waste disposal and other large vehicles adequate space to turn • access to site is substandard due to a lack of a right hand turn lane and visibility splays • important that buffer fields to Lumsdale Conservation Area are not tidied up, not used for the storage of materials and not used as a short cut to Footpath 33 • care needed to protect the seasonal ponds which are a specific and important compartment within the woodland management plan of the Lumsdale Project • levels of proposed footpath where it meets with Footpath 33 need addressing (1.5m level change) to ensure not over-engineered and important that the footbridge is not widened • crucial that wildlife corridors are maintained by keeping lighting on the development as low as possible, particularly the footpath along Bentley Brook • have been advised by Wildgoose Construction that they will be applying for a further 42 dwellings on land to the northeast of Quarry Lane – will be three accesses onto a short stretch of road • consideration should be given to a 30mph speed limit

107 6.2 A petition from the residents of 1-6 Quarry Lane with regard to the original submitted plans which is summarised as follows: • request parking provision for 1-6 Quarry Lane from the developer as would appreciate some benefit for the intrusion or for the developer to allow access in order for the residents to provide own parking provision rather than planting trees

6.3 A letter of representation has been received with regard to the amended plans. A summary of the representation is outlined below: • object to the tallest buildings (Plots 1-7) being on the highest ground – no need for the development to draw attention to itself in this intrusive way • tallest buildings should be placed on lower ground • object to proximity of the dwelling on Plot 23 to neighbours land and would ask that it doesn’t abut that property • there is a drain between 14 and 15 Quarry Lane which needs to be preserved to prevent water backing up into the existing gardens – does not appear to be any provision for this • object to lighting of the footpath – footpath should not be enclosed by a hedge and, if left open, would be no need for lighting given the streetlights and would be less likely for anti-social behaviour

7. OFFICER APPRAISAL

Introduction - Principle/Planning Policy Context

7.1 The site was one of the sites identified in the emerging Local Plan process as having potential for housing development and has been granted outline and full planning permissions for up to 80 dwellings. This application is essentially a modification to those permissions, increasing the number of dwellings by six, relatively minor changes to layout and changes to house types. Therefore, the key issues that arise in the consideration of this application are considered to be as follows:-

• Impact of the development on the character and appearance of the landscape and the setting of the Lumsdale Conservation Area and Scheduled Monument • The housing mix and requirement for affordable housing provision • The density of development and appropriateness in context • Impact on amenity of residents in the locality • Means of access to the site and highway/pedestrian safety • Public rights of way • Impact of development on archaeology • Impact of the development on protected species • Impact on trees and landscape features • Drainage and Flood Risk • Provision of community infrastructure through developer contributions • Open space provision.

Impact of the development on the character and appearance of the landscape and the setting of the Lumsdale Conservation Area and Scheduled Monument

7.2 The principle of development has been approved and, in doing so, it was agreed to have some encroachment up the upper slopes of the application site, but also to retain a buffer of land, reflective of the size of a field, between the development and the woodland above. It was considered, given the constraints of providing infrastructure, open space, a buffer between the domestic curtilages of Quarry Cottages and a buffer area to Bentley Brook, that there was a need to have a degree of encroachment onto the upper slopes to provide the desired level of housing development. 108 7.3 In terms of the character and appearance of the development, the individual dwellings in the layout are responsive to the landscape. In terms of the design and materials, the dwellinghouses (largely the developer’s standard house types) have a suburban character and appearance but, to some extent, reflect the variety of house types found in this area; this consists of detached, semi-detached and terraced properties. There are some concerns with the house types which have been raised with the applicant. This includes the number of dwellinghouses with front projecting gables (nearly 50%) and with integral garages (over 25%) within the scheme. However, these types of houses are largely set into the site. The dwellinghouses proposed in the more prominent parts of the site when viewed in the surrounding context (the areas onto Chesterfield Road and adjacent to Lumsdale) have incorporated more traditional frontages. The materials (natural gritstone and brickwork) are considered appropriate in the context of the site and will be required to be approved through condition, as will the roofing material and detailing of the dwellinghouses. The hard and soft landscaping will also need to be secured through condition.

7.4 The development can be viewed from the footpath which defines the edge of the application site and the Lumsdale Conservation Area. Whilst different house types are now proposed to the previously approved scheme, it is considered that in this context the current proposals do not harm the setting of the Conservation Area given the development that has been previously approved.

The housing mix and requirement for affordable housing provision

7.5 There have been protracted discussions with the applicant with regard to affordable housing and it has now been agreed to make the provision of on-site affordable dwellinghouses and a financial contribution to off-site provision to reflect the requirements of the Adopted Local Plan (2005). The District Council’s Head of Housing has previously considered a 25% on-site contribution and 20% off-site contribution to be appropriate, on the basis that off-site contributions can play a significant role in helping to meet specific housing needs on other sites which would otherwise prove more problematic on the application sites and the previous planning permissions have been issued on such consideration.

7.6 Whilst the emerging Local Plan Policy requires a minimum the provision of 30% to be affordable housing on site, this is also on the basis of there being a Community Infrastructure Levy in place which is not currently the case. In addition, this Policy is yet to be adopted.

7.7 The applicant was advised by Officers that, should the affordable housing provision fall below that secured with the previous planning permission, a viability appraisal would be required as submitted by the previous applicant; that appraisal showed that the previously submitted scheme could yield the appropriate levels of affordable housing provision. Therefore, with the current proposal, the on-site provision would equate to 20 units which is 23% of the total (slightly less than previously approved by percentage but the same number of affordable dwelling units). This is considered reasonable with an off-site financial contribution based on the remaining 22% of the dwellinghouses, calculated as follows:

£25,450 x 22% (18.92 dwellings) = £481,514.

7.8 In terms of housing mix and type, Policy HC11 of the emerging Local Plan advocates 90% provision of dwellinghouses being 2 or 3 bedroomed properties. However, the applicant proposes that only two of the open market houses would be 3 bedroomed with the remainder being 4 or 5 bedroomed properties. This is contrary to this emerging Local Plan Policy which advises the following: 109 1 Bed 2 bed 3 bed 4+ bed Market 5% 40% 50% 5% Affordable 40% 35% 20% 5% All 15% 40% 40% 5%

The development proposes 16 of the affordable houses being two bedroomed (80%) and 4 being one bedroomed (20%). This does not follow the above expectations but the financial contribution could be used to yield larger affordable dwellinghouses elsewhere.

7.9 In terms of the market dwellinghouses, in excess of 90% of the dwellinghouses are 4 or 5 bedroomed properties, which is clearly contrary to the direction of the emerging Policy. Taken as a whole, the development yields approximately the following:

One bed 4% Two bed 18% Three bed 2% Four+ bed 76%

7.10 In this respect, there is clearly a heavy bias towards larger dwellinghouses and little provision for smaller properties. Whilst the emerging Policy advises that the final mix achieved on any site will be informed by the nature of the development site, the character of the area, evidence of local need and housing turnover, it has to be said that 76% of the dwellinghouses being four or more bedroomed is a significant difference to the 5% advocated in emerging Policy.

7.11 However, there are significant considerations in the light of the above. Firstly, the planning permissions previously granted leaned heavily towards the larger dwellinghouses and those planning permissions could still be implemented. In addition, dwellinghouses need to be considered in their context, as referred to in the emerging Policy, and as one of the criteria for securing good design advocated in the NPPF. It also has to be recognised that the financial contribution would be expected to deliver a further 19 affordable dwellinghouses on other sites. In this respect, the development is essentially yielding 39 affordable dwellings out of what would therefore be a total of 105 dwellings; this equates to some 37% of dwellinghouses likely to be smaller, more affordable properties which more comfortably relates to the housing mix expected.

7.12 It also has to be appreciated that the site is not in a town centre location, where the expectations would certainly be more towards the types of dwellinghouse advocated by the emerging Local Plan Policy HC11. The application site is a suburban one and the scheme is for a lower density character and appearance of development to reflect the transition from built form to open countryside. This development proposal would still yield some 20 dwellings per hectare, which also accounts for areas where development is not deemed possible such as close to Bentley Brook. Therefore, it is considered that the nature of the site determines in many ways the physical form and nature of development. In addition, whilst Paragraph 50 of the NPPF advises there is a need for a housing mix, based on current and future demographic trends, it is considered that Policy HC11 can be given little weight at present given the status that can be contributed to the emerging Local Plan and that there are objections registered to this policy.

The density of development and appropriateness in context

7.13 The density of the site is considered acceptable in this fringe of settlement (suburban) location. The proposals also make more effective use of the site with the addition of six additional dwellinghouses to that previously approved without compromising the character and appearance of the site density to any great extent. 110 Impact on amenity of residents in the locality

7.14 The development has largely followed the parameters of the previously approved development in terms of open spaces and positioning of dwellinghouses and it is considered that this revised scheme will not have a significant impact on the light, outlook or privacy of occupiers of the existing residential properties adjacent to the application site.

7.15 With regard to the proximity of the dwelling on Plot 23 to neighbours land, this is a larger building than previously approved, with a number of side facing windows overlooking the property. However, the only window to a habitable room overlooking the site is the second window to the kitchen and this can be obscure glazed, as with the first floor windows, in order to not result in a significant loss of privacy to owners of the adjacent land or to stymie potential future development on this land. It is considered reasonable to remove permitted development rights for any windows in this elevation to ensure that there are no future impacts.

7.16 There is also objection to lighting of the footpath on the application site adjacent to the gardens of the properties on Quarry Lane. It is considered unnecessary to specifically light the footpath given the streetlighting, the overlooking of the area and the likelihood that persons entering the site at night would use the pavement.

Means of access to the site and highway/pedestrian safety

7.17 The Local Highway Authority has considered the revised proposals and advised that the access location would appear to reflect the previous approved proposal. The internal street layout is comparable to the previous approved layout and would appear to have been designed generally in accordance with the County Councils 6Cs design guide. However, whilst it would appear that the design guide has been adhered to for the majority of the site layout, there are elements of the design that require further attention before they may be considered fully acceptable from a highways perspective. This has been advised to the applicant and it is likely these issues could be dealt with by appropriate conditions and/or with minor modifications to the designs as part of the possible future construction approval process with the Local Planning Authority and Local Highway Authority.

7.18 Therefore, based on current guidance, and the absence of empirical data to support a perceived highway safety issue, the Local Highway Authority advises that it would be unlikely to be in a position to demonstrate that the proposed development would cause demonstrable harm to highway safety, or have a severe impact on the existing highway network. It is considered that this is the most appropriate approach and can be addressed in line with conditions required by the Local Highway Authority in their agreements with the developer.

Impact on Public Footpaths

7.19 The Local Highway Authority has advised that comments received from the Public Rights of Way section indicate that Matlock Footpath 7 will need a minor diversion to accommodate it within the development. There is also a proposed link path parallel with the Bentley Brook; this will need to be provided to footway standard, with a minimum width of 2m. The proximity of the site boundary to Matlock Footpath 33 offers the ideal opportunity to provide a meaningful connection between the site and the school. Some upgrading of this route will be required to accommodate the increased usage by pedestrians. This would fall outside the application site boundary but could be included in any S106 agreement or conditioned, given that it relates to improvement of the public highway.

111 Impact of development on archaeology

7.20 The Development Control Archaeologist advised on the previous submitted applications that the site lay partly within the moor/common area enclosed in 1784 and that it may retain potential for hitherto unknown below-ground archaeology. The applicant at that time commissioned a geophysical survey which has identified very few features within the site, and those identified appear to relate to either post-medieval field boundaries, which can be seen on historic maps, or to land drains/soughs, also of no great age.

7.21 The Development Control Archaeologist advised that the level of confidence in the survey was likely to be fairly high because of the conducive sandstone geology, and that the site has very little archaeological potential. It was therefore recommended that there was no need to place any further archaeological requirement upon the applicant.

Impact of the development on protected species

7.22 The proposals have been assessed by Derbyshire Wildlife Trust (DWT) and it is advised that there are no objections to the proposal subject to a condition that a Landscape and Ecological Management Plan (LEMP) is submitted for approval. It is also considered reasonable to attach conditions with respect to the protection and/or mitigation of protected species as identified with the previous planning permissions as a requirement of DWT and the Environment Agency.

Impact on trees and landscape features

7.23 There are a few trees to be found within the site which the applicant proposes to retain in the main. The layout plans detail additional tree planting to be provided and this can be secured through a condition on any grant of planning permission.

Drainage and Flood Risk

7.24 Whilst the site is located adjacent to Bentley Brook, and parts of the site lie within Flood Zone 3 and Flood Zone 2, DCC has previously advised that it has received no reported historical incidences of flooding within the proposed site boundary. It is recommended that Sustainable Drainage Systems (SuDS) be incorporated within the design of a drainage strategy, and to promote betterment or meet current greenfield runoff rates taking into account impacts of climate change; a condition can be attached in this respect.

7.25 However, as with previous applications, the site layout plan identifies a buffer zone of 10m from the bank top of the brookcourse as required. The Environment Agency has also previously advised that the buffer zone will help to reduce shading and will need to be free from all built development including lighting. To reduce light spill into the river corridor outside, all artificial lighting will need to be directional and focused with cowlings. This can be addressed with a condition on any planning permission. The buffer zone will also be kept free of gardens and landscaping. There is also a need to set floor levels to seek to protect against flooding. These matters can again be subject to condition. At the time of writing this report, the Environment Agency has not responded to the applicant’s revised Flood Risk Assessment (FRA) and any amendments to conditions previously required will need to be reported to the Planning Committee meeting.

7.26 It is advised by a neighbour that there is a drain between 14 and 15 Quarry Lane which needs to be preserved to prevent water backing up into the existing gardens and that there does not appear to be any provision for this. This is a matter which will need to be addressed through Building Regulations to ensure that the development does not have a harmful impact on existing drainage provision.

112 Provision of community infrastructure through developer contributions

7.27 The County Council holds a notified site on part of the application land as a future site for school playing fields (Policy CS1 of the Adopted Local Plan). Paragraph 74 of the NPPF advises that playing fields should not be built on unless surplus to requirements or they would be replaced by equivalent or better provision in a suitable location. In this respect, discussions with the previous applicant and DCC resulted in an agreement to a £600,000 contribution, which was notionally sufficient to provide for an artificial sports pitch and associated facilities. However, during the consideration of this current application, the applicant has agreed with DCC that this figure can be reduced to £400,000. Within school premises regulations, such a pitch counts as at least double its actual area and effectively compensates the school for the loss of the potential expansion onto the notified site; this would again need to be secured through a Section 106 legal agreement.

7.28 Paragraph 72 of the NPPF seeks to ensure sufficient choice of school places being available to meet the needs of existing and new communities. DCC advise that the current and future projections show that the normal area secondary school is expected to have sufficient capacity in terms of school place provision to accommodate the additional pupils that would arise from this proposed development. With regard to primary school places, DCC would normally request a financial contribution towards primary school places but the decision of the Planning Inspector on residential development at Asker Lane, Matlock, where monies for school place provision was questioned without a Community Infrastructure Levy in place, has led to DCC undertaking a review of the Developer Contributions Protocol. In this respect, there is no request from DCC for a financial contribution to primary school place provision notwithstanding an identified need for such.

7.29 Reference is made to the provision of high speed broadband and sprinkler systems to the dwellings. However, such proposals would be at the developer’s discretion and cannot be a condition on any grant of planning permission.

Open space provision

7.30 Paragraph 73 of the NPPF advises that access to open space and opportunities for sport and recreation can make an important contribution to the health and well-being of communities. In this respect, the applicant has detailed the provision of open space, and a condition will be required for its management and the provision and management of a children’s play area, to accommodate the needs of the occupiers of the residential development, which would also allow access to such facilities by the wider community.

Conclusion

7.31 The District Council has previously granted outline and full planning permissions for residential developments of this site. Whilst it is recognised that the current application is for full planning permission, the characteristics that led to the granting of the previous applications has changed little other than minor alterations to the internal layout, a modest increase in overall house numbers and changes to house types. Whilst the house types proposed are the developers standard house types, Officers have sought to improve the materials proposed (now being natural gritstone and brick rather than the initially proposed ‘artstone’). In addition, Officers have sought to arrange the dwellings into more cohesive streetscenes and take out house types that were considered inappropriate. Therefore, whilst the proposed scheme is not a bespoke scheme as previously approved, and is heavily led by the developers house types, it is considered to nevertheless be a scheme that has been moulded into one which would no longer justify a recommendation of refusal.

113 7.32 The site already forms an acceptable addition to the town’s housing stock located, as it is, immediately adjacent to the current Settlement Framework Boundary of the Adopted Local Plan (2005) and based on previous planning permissions. As such, the lesser quality that could be attributed to this development, compared to that previously proposed, does not in this case justify a recommendation of refusal, particularly given the benefits of allowing a scheme to hopefully come forward in the short term that will meet a part of the housing development needs of the District.

8. RECOMMENDATION

That authority be delegated to the Development Manager to grant planning permission subject to the completion of a Section 106 Planning Obligation Agreement to secure the appropriate on- site and off-site affordable housing, a financial contribution towards education facility provision, a contribution, not exceeding £2,500, towards the future review/monitoring processes associated with the Travel Plan, £5,000 for improvements to the nearby bus stop facilities, open space/play area provision and any other matters that cannot be dealt with by conditions, and subject to the following conditions:

1. Condition ST02a: Time Limit on Full

2. The development hereby approved shall be carried out in accordance with the original drawings and specification except as added to or amended by the information and drawings received on 5th, 28th and 30th September and 17th October 2016 unless otherwise required by other conditions to which this permission is subject.

3. Condition DM1 All Materials to be Approved – General

4. Condition DM19 Heads, Cills, Jambs – Matching Materials

5. All window and door frames (including garage doors) shall be recessed in their openings a minimum of 80mm behind the front face of the external walls of the buildings.

6. Prior to the commencement of development, details of the materials, treatment and/or colour of the window and door frames shall be submitted to and approved in writing by the Local Planning Authority. The window and door frames shall then be installed in accordance with the approved details and so retained.

7. All bargeboards shall be black in colour.

8. Prior to the commencement of development, details of all gutters, downpipes and all other external pipework shall be submitted to and approved in writing by the Local Planning Authority. These items shall then be provided in accordance with the approved details and so retained.

9. Before the development commences details of the positioning of meter boxes on the exterior of the buildings shall be submitted for written approval of the Local Planning Authority and shall thereafter be provided in accordance with the approved details.

10. Notwithstanding the details on the approved drawings, no development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include :-

a) indications of all existing trees, hedgerows and other vegetation on the land; b) all vegetation to be retained including details of the canopy spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works; 114 c) measures for the protection of retained vegetation during the course of development; d) all plant species, planting sizes, planting densities, the number of each species to be planted and plant protection; e) grass seed mixes and sowing rates; f) finished site levels and contours; and g) hard surfacing materials.

11. Condition LA13a Landscape to be Carried out and Maintained

12. Condition LA5a Protection of Retained Trees

13. The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) dated November 2015 and the following mitigation measures detailed within the FRA: • Finished floor levels are set no lower than 600mm above the corresponding 1:100 year flood level; and • all development to be located outside within Flood Zone 1 and outside of the predicted

14. Before the development commences, a management plan for the ‘field’ between the housing development and the woodland on the upper slopes shall be submitted to and approved in writing by the Local Planning Authority and shall thereafter be carried out in accordance with the approved details.

15. Before the development commences, a landscape and ecological management plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to the commencement of the development. The content of the LEMP shall include the following. a) Description and evaluation of features to be managed. b) Ecological trends and constraints on site that might influence management. c) Aims and objectives of management. d) Appropriate management options for achieving aims and objectives. e) Prescriptions for management actions. f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a twenty-five year period). g) Details of the body or organisation responsible for implementation of the plan. h) Ongoing monitoring and remedial measures.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery.

The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme.

The approved plan will be implemented in accordance with the approved details.

16. No development shall take place until a plan detailing the protection and/or mitigation of damage to populations of bats, watervoles and crayfish, all protected species under The Wildlife and Countryside Act 1981 as amended and their associated habitats during construction works and once the development is complete. Any change to operational, including management responsibilities, shall be submitted to and approved in writing by the Local Planning Authority. The protection plans shall be carried out in accordance with

115 a timetable for implementation as approved. The scheme shall include the following elements:

• a crayfish survey completed within the site and 100m up and downstream of the development at an appropriate (optimal) time of the year and undertaken by a suitably qualified ecologist working to CIEEM standards; • a bat survey completed at an appropriate (optimal) time of the year and undertaken by a suitably qualified ecologist working to CIEEM standards; • a pre-commencement watervole survey within the site and extended to 100m up and downstream of the development at an appropriate (optimal) time of the year and undertaken by a suitably qualified ecologist working to CIEEM standards; and • details of any proposed mitigation measures to ensure species are protected and their habitats enhanced.

17. Before the development commences, the following wildlife matters shall be addressed:

i) a survey to ensure that the status of badgers has not altered ii) a reptile survey and a suitable clearance programme should reptiles be found iii) all trees (10cm diameter at breast height) should be retained within the development, until such time as survey has been undertaken for the potential of the trees to support bat roosts iv) avoid site clearance in the bird breeding season unless a survey is submitted to demonstrate that ground nesting seasons are not breeding.

No works shall commence until such details have been submitted to and approved in writing by the Local Planning Authority. In addition, the following mitigation measures shall be provided during the development process:

a) the length of Bentley Brook shall be temporarily fenced with high visibility fencing with a minimum stand-off of 10m; and b) the area supporting Japanese knotweed shall be re-inspected and a construction method statement produced should the species have extended to within 10m of any working area of the site.

18. No works of construction shall take place on the site outside of the following hours: Monday to Friday 08.00 to 20.00 Saturday 09.00 to 13.00 Sunday/Bank Holidays No construction.

19. The development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the Local Planning Authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex 2 of the National Planning Policy Framework or any future guidance that replaces it. The scheme shall include:

a) the numbers, type, tenure and location on the site of the affordable housing provision to be made which shall consist of not less than 30% of housing units/bed spaces with an off-site financial contribution based on 15% of the approved dwellinghouses; b) the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing; c) the arrangements for the transfer of the affordable housing to an affordable housing provider (or the management of the affordable housing) if no Registered Social landlord is involved; d) the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and 116 e) the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

20. No dwelling shall be first occupied until:- a) a scheme for the laying out and equipping of amenity spaces and a play area, to include landscaping, boundary treatment and provision for future maintenance and safety checks of the areas and equipment has been submitted to and approved in writing by the Local Planning Authority; and b) the amenity areas and play area have been laid out, in the case of the play area equipped, in accordance with the approved scheme.

21. Before any other operations are commenced a new vehicular and pedestrian access shall be formed to Chesterfield Road and provided with visibility sightlines extending from a point 2.4 metres from the carriageway edge, measured along the centreline of the access, for a distance of 97 metres to the south and 100 metres to the north measured along the nearside carriageway edge in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority. The area in advance of the visibility sightlines shall be retained throughout the life of the development free of any object greater than 1m in height (0.6m in the case of vegetation) above ground level relative to adjoining nearside carriageway channel level.

22. The sole means of vehicular access to the application site shall be from Chesterfield Road only. There shall be no other means of vehicular access to the site or via Quarry Lane.

23. Within 21 days of the permanent access being laid out and constructed to Chesterfield Road, the existing agricultural vehicle access at the north east site boundary (to Chesterfield Road) shall be permanently closed to vehicular traffic and the footway margin reinstated with full height kerbs and raised footway construction, in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority.

24. Before any other operations are commenced details of the following matters shall be submitted to the Local Planning Authority for approval: a) pedestrian crossing facilities across the A632 in order to access existing northbound public transport bus stops. b) any excavations/fill within 5m of the public highway, including details of any temporary support to ensure the integrity of the public highway is maintained during and after the works take place c) vehicle swept path analysis for the estate streets and private drives based on emergency vehicles, an appropriately sized refuse vehicle and supermarket delivery vehicles, to ensure the streets and drives can safely accommodate these vehicles. d) detailed design at the point of intersection between the existing public right of way (FP7) and the proposed estate street to ensure pedestrian safety is preserved. e) improvements to the existing public right of way (FP33) including an up-grade in terms of construction quality and lighting, to provide a connection into the proposed site, to reduce walking distances for future residents to key local facilities.

The approved details shall be fully implemented in a timescale to be agreed with the Local Planning Authority in advance of works commencing on site.

25. No development shall take place until construction details of the residential estate roads and footways (including layout, levels, gradients, surfacing and means of surface water drainage) have been submitted to and approved in writing by the Local Planning Authority.

26. The carriageways of the proposed estate roads shall be constructed in accordance with Condition 25 above, up to and including at least road base level, prior to the commencement of the erection of any dwelling intended to take access from that road(s). 117 The carriageways and footways shall be constructed up to and including base course surfacing to ensure that each dwelling prior to occupation has a properly consolidated and surfaced carriageway and footway, between the dwelling and the existing highway. Until final surfacing is completed, the footway base course shall be provided in a manner to avoid any upstands to gullies, covers, kerbs or other such obstructions within or abutting the footway. The carriageways, footways and footpaths in front of each dwelling shall be completed with final surface course within twelve months (or three months in the case of a shared surface road) from the occupation of such dwelling, unless otherwise agreed in writing by the Local Planning Authority.

27. Before any other operations are commenced, space shall be provided within the site for storage of plant and materials, site accommodation, loading, unloading and manoeuvring of goods vehicles, parking and manoeuvring of employees and visitors vehicles, laid out and constructed in accordance with detailed designs first submitted to and approved in writing by the Local Planning Authority. Once implemented the facilities shall be retained free from any impediment to their designated use throughout the construction period.

28. Throughout the period of development vehicle wheel cleaning facilities shall be provided and retained within the site. All construction vehicles shall have their wheels cleaned before leaving the site in order to prevent the deposition of mud and other extraneous material on the public highway.

29. No dwelling shall be occupied until the proposed new estate street between each respective plot and the existing public highway have been laid out in accordance with the approved designs and constructed to at least base level, drained and lit in accordance with the 6C’s specification for new adoptable estate streets. The estate streets being fully completed with the final surface course applied in a timescale to be agreed with the Local Planning Authority prior to the occupation of the 50th dwelling, unless otherwise agreed in writing by the Local Planning Authority.

30. The premises, the subject of the application, shall not be occupied until new vehicular assesses have been created to the new estate street, laid out and constructed as may be agreed with the Local Planning Authority and provided with 2.4m x 25m visibility splays in either direction, the area in advance of the sightlines being maintained throughout the life of the development clear of any obstructions to visibility over 1m in height (600mm in the case of vegetation) relative to the adjoining nearside carriageway channel level.

31. The proposed driveway gradients shall be no steeper than 1:14 for the first 5m from the nearside highway boundary and 1:10 thereafter.

32. Prior to the commencement of the development hereby permitted, details of the means of refuse storage including details of any bin stores to be provided, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the agreed details and provided prior to the first occupation of the development and retained for such purposes at all times thereafter.

33. The dwellinghouses, the subject of the permission, shall not be occupied until the estate street has been provided with suitable turning arrangements to enable service and delivery vehicles to turn, all as may be agreed in writing with the Local Planning Authority in writing. In the case where interim turning arrangements are constructed, these must remain available until any permanent estate street turning is available, in accordance with the approved estate street designs.

34. No external lighting shall be erected on the properties fronting Chesterfield Road without details being first agreed with the Local Planning Authority. Precise details of the intensity, direction, spread of luminance and shielding of light sources (so as to minimise the risk of 118 drivers on the highway being dazzled), shall be submitted to and approved in writing by the Local Planning Authority, the lighting thereafter being maintained in accordance with the approved scheme.

35. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, there shall be no vehicular access created to Quarry Lane in the future.

36. The dwellings, the subject of the application, shall not be occupied until space has been provided within the property curtilages for the parking and manoeuvring of residents (including secure/covered cycle parking), located, designed, laid out and constructed in accordance with the approved drawings and maintained throughout the life of the development free from any impediment to its designated use.

37. The double garages shall be amended to a minimum of 6m x 6m in accordance with amended drawings to be submitted to and approved in writing by the Local Planning Authority except as otherwise agreed in writing by the Local Planning Authority. The garages thereby permitted shall be kept available for the parking of motor vehicles at all times. The garages/car spaces shall be used solely for the benefit of the occupants of the dwelling of which it forms part and their visitors and for no other purpose and permanently retained as such thereafter.

38. No development shall take place until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The drainage strategy should demonstrate the surface water run-off generated up to and including the 100 year climate change critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall also include:

i. details of how the scheme shall be maintained and managed after completion; ii. sustainable drainage techniques or SuDS incorporated into the design; iii. details to show the outflow from the site is limited to the maximum allowable rate, i.e. greenfield site run-off; iv. that the surface water drainage system must deal with the surface water run-off from the site up to the critical 1% Annual Probability of Flooding (or 1 in a 100-year flood) event, including an allowance for climate change (i.e. for the lifetime of the development). Drainage calculations must be included to demonstrate this (e.g. MicroDrainage or similar sewer modelling package calculations which include the necessary attenuation volume); and v. detailed design details of any proposed above ground attenuation including cross- sections and plans vi. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; vii. include a timetable for its implementation; and viii. provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

39. Condition GR9 Secure by Design

119 40. The first floor windows to the north elevation of Plot 23 shall be obscure glazed and retained as such for the life of the dwellinghouse and, notwithstanding the Town and Country Planning (General Permitted Development) Order 2015, there shall be no additional windows, doors or rooflights inserted on that elevation unless first approved with a planning application submitted to the Local Planning Authority.

Reasons:

1. Reason ST02a

2. To define the permission for the avoidance of doubt.

3-9 To ensure the satisfactory appearance of the development to comply with government guidance contained in the National Planning Policy Framework and Policies SF5 and H9 of the Adopted Derbyshire Dales Local Plan (2005).

10-11 To ensure the satisfactory appearance of the development to comply with government guidance contained in the National Planning Policy Framework and Policies SF5, H9 and NBE26 of the adopted Derbyshire Dales Local Plan (2005).

12. Reason LA5a: (government policy contained in the National Planning Policy Framework and the aims of Policies SF5, H9, NBE6 and NBE8 of the Adopted Derbyshire Dales Local Plan (2005)

13. To reduce the risk of flooding to the proposed development and future occupants to comply with government policy contained in the National Planning Policy Framework.

14. In order to retain and enhance, via management, the biodiversity value of the area in order to compensate for the loss of grassland habitat to the development in accordance to comply with government policy contained in the National Planning Policy Framework and the aims of Policies NBE4 and NBE5 of the adopted Derbyshire Dales Local Plan (2005).

15. To ensure the proper management of landscaped areas and to protect wildlife, support habitat and secure opportunities for the enhancement of the nature conservation value of the site to comply with the aims of government policy contained in the National Planning Policy Framework and the aims of Policies SF5, H9, NBE4, NBE5, NBE6, NBE8 and NBE26 of the Adopted Derbyshire Dales Local Plan (2005).

16-17. To protect protected species and their habitats within and adjacent to the development site to comply with government policy contained in the National Planning Policy Framework and the aims of Policies NBE4 and NBE5 of the adopted Derbyshire Dales Local Plan (2005).

18. To safeguard the amenity of neighbouring residents to the development site to comply with government policy contained in the National Planning Policy Framework and the aims of Policies SF5 and H9 of the adopted Derbyshire Dales Local Plan (2005).

19. In order to secure the provision of affordable housing in accordance with government policy contained in the National Planning Policy Framework.

20. To ensure the provision of an adequate level of play space facilities to the development site to comply with government policy contained in the National Planning Policy Framework.

120 21-35.In the interests of highway safety to comply with government policy contained in the National Planning Policy Framework and the aims of Policy TR1 of the Adopted Derbyshire Dales Local Plan (2005).

36-37.To ensure the provision of adequate off street parking provision in the interests of highway safety site to comply with government policy contained in the National Planning Policy Framework and the aims of Policy TR8 of the Adopted Derbyshire Dales Local Plan (2005).

38. To provide satisfactory surface water drainage provisions to comply with government policy contained in the National Planning Policy Framework.

39. Reason GR9

40. To safeguard the amenity of the neighbouring property to comply with government guidance contained in the National Planning Policy Framework and Policies SF5 and H9 of the Adopted Derbyshire Dales Local Plan (2005).

NOTES TO APPLICANT: 1. The following are the comments of the Local Highway Authority: a) Pursuant to Section 38 and the Advance Payments Code of the Highways Act 1980, the proposed new access road should be laid out and constructed to adoptable standards and financially secured. Advice regarding the technical, financial, legal and administrative processes involved in achieving adoption of new residential roads may be obtained from the Strategic Director of the Economy, Transport and Environment Department at County Hall, Matlock (tel: 01629 533190). The applicant is advised to allow approximately 12 weeks in any programme of works to obtain a Section 38 Agreement.

b) Pursuant to Sections 149 and 151 of the Highways Act 1980, the applicant must take all necessary steps to ensure that mud or other extraneous material is not carried out of the site and deposited on the public highway. Should such deposits occur, it is the applicant’s responsibility to ensure that all reasonable steps (e.g.; street sweeping) are taken to maintain the roads in the vicinity of the site to a satisfactory level of cleanliness.

c) Pursuant to Section 163 of the Highways Act 1980, where the site curtilage slopes down towards the public highway new estate street, measures shall be taken to ensure that surface water run-off from within the site is not permitted to discharge across the footway margin. This usually takes the form of a dish channel or gulley laid across the access immediately behind the back edge of the highway, discharging to a drain or soakaway within the site.

d) Pursuant to Section 184 of the Highways Act 1980 and Section 86(4) of the New Roads and Streetworks Act 1991 prior notification shall be given to the Department of Economy Transport & Environment at County Hall, Matlock regarding access works within the highway. Information, and relevant application forms, regarding the undertaking of access works within highway limits is available via the County Council’s website: http://www.derbyshire.gov.uk/transport_roads/roads_traffic/development_control/ve hicular_access/default.asp , email [email protected] or telephone Call Derbyshire on 01629 533190.

121 e) Pursuant to Section 278 of the Highways Act 1980 and the provisions of the Traffic Management Act 2004, no works may commence within the limits of the public highway without the formal written Agreement of the County Council as Highway Authority. It must be ensured that public transport services in the vicinity of the site are not adversely affected by the development works.

Advice regarding the technical, legal, administrative and financial processes involved in Section 278 Agreements may be obtained by contacting this Authority via email – [email protected] . The applicant is advised to allow approximately 12 weeks in any programme of works to obtain a Section 278 Agreement.

f) Pursuant to Sections 219/220 of the Highways Act 1980, relating to the Advance Payments Code, where development takes place fronting new estate streets the Highway Authority is obliged to serve notice on the developer, under the provisions of the Act, to financially secure the cost of bringing up the estate streets up to adoptable standards at some future date. This takes the form of a cash deposit equal to the calculated construction costs and may be held indefinitely. The developer normally discharges his obligations under this Act by producing a layout suitable for adoption and entering into an Agreement under Section 38 of the Highways Act 1980.

g) The Highway Authority recommends that the first 5m of the proposed access driveway should not be surfaced with a loose material (i.e. unbound chippings or gravel etc.). In the event that loose material is transferred to the highway and is regarded as a hazard or nuisance to highway users the Authority reserves the right to take any necessary action against the householder.

h) Pursuant to Section 50 (Schedule 3) of the New Roads and Streetworks Act 1991, before any excavation works are commenced within the limits of the public highway (including public Rights of Way), at least 6 weeks prior notification should be given to the Director of Economy, Transport and Environment at County Hall, Matlock (tel: 01629 533190 and ask for the New Roads and Streetworks Section).

i) The application site is affected by a public Right of Way (Footpath number 7 Matlock, on the Derbyshire Definitive Map). The route must remain unobstructed on its legal alignment at all times and the safety of the public using it must not be prejudiced either during or after development works take place. Further advice can be obtained by calling 01629 533190 and asking for the Rights of Way Duty Officer. Please note that the granting of planning permission is not consent to divert or obstruct a public right of way.

If a right of way is required to be permanently diverted then the Council that determines the planning application (The Planning Authority) has the necessary powers to make a diversion order. Any development insofar as it will permanently affect a public right of way must not commence until a diversion order (obtainable from the planning authority) has been confirmed. A temporary closure of the public right of way to facilitate public safety during the works may then be granted by the County Council.

2. The Local Planning Authority prior to and during the consideration of the application engaged in a positive and proactive dialogue with the applicant which resulted in the submission of a scheme that overcame initial concerns relating to the design, materials, layout and landscaping of the development and the provision for affordable housing.

122 3. The Town and Country Planning (Fees for Applications and Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (SI 2012/2920) stipulate that a fee will henceforth be payable where a written request is received in accordance with Article 30 of the Town and Country Planning (Development Management Procedure) Order 2010. Where written confirmation is required that one or more Conditions imposed on the same permission have been complied with, the fee chargeable by the Authority is £97 per request. The fee must be paid when the request is made and cannot be required retrospectively. Further advice in regard to these provisions is contained in DCLG Circular 04/2008.

4. This decision notice relates to the following documents: Amended Drawing Nos. 321/PD/01, 02, 03, 04 05, 06, 07, 08, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 25 and 26 received on 5th September 2016 Amended Drawing Nos. 321/PD/08, 09A, 10A, 11A and 321/105E received on 28th September 2016 Amended Drawing No. 321/PD/08 received on 30th September 2016 Amended Drawing 321-100 Rev. P, 101 Rev. E and 105 Rev. E received on 17th October 2016 Additional Drawing 321/00 received on 17th October 2016 Planning Statement received on 2nd December 2015 Design and Access Statement received on 2nd December 2015 Flood Risk Assessment (Eastwood and partners) received on 31st October 2016 Geo-environmental Report received on 2nd December 2015 Transport Statement received on 2nd December 2015 Travel Plan received on 2nd December 2015 Preconstruction Ecology Survey received on 2nd December 2015

123 Planning Committee 15th November 2016 Agenda Item 4.8

APPLICATION NUMBER 16/00430/FUL SITE ADDRESS: The Woodyard, Pump Lane, Doveridge

DESCRIPTION OF DEVELOPMENT Erection Of Dwelling (FULL)

CASE OFFICER Andrew Stock APPLICANT Mr Martyn Ward PARISH/TOWN Doveridge AGENT Architectural Design Services

WARD Councillor Albert DETERMINATION 17.08.16 MEMBER(S) Catt TARGET REASON FOR 5 or more REASON FOR N/A DETERMINATION unresolved SITE VISIT (IF BY COMMITTEE objections have APPLICABLE) been received

MATERIAL PLANNING ISSUES Principle of the development Impact upon the character and appearance of the area Impact upon amenity Highway safety

RECOMMENDATION

Approval

124 125 1. THE SITE AND SURROUNDINGS

The application site is area of open land which lies adjacent to the property known as The Woodyard. The parcel of land is relatively flat bounded by existing hedging to the north, east and south. The site is accessed directly off Pump Lane which services two other residential dwellings, namely The Woodyard and Woodford House. The access is narrow and is surfaced in loose pebble. The Woodyard site is located within the established residential settlement of Doveridge set within a mix of residential house types varying in size, scale and design.

2. DETAILS OF THE APPLICATION

Full planning permission is sought for the erection of a single dwelling with associated garaging and access.

The dwellinghouse house is proposed to be of two storey construction incorporating a two storey forward projecting gable end comprising the following;

Main Element Proposed to measure 12.3m wide by 8.2m deep and 8.2m high.

Two Storey Front Projection Proposed to measure 5.2m wide by 1.8m deep and 6.3m high.

Detached Single Garage Proposed to measure 5m wide by 6m deep and 5m high.

The dwellinghouse is proposed to be constructed of Baggeridge Oast Russet facing brick and Staffordshire Blue tiles with UPVC windows and doors. The installation of four velux rooflights are proposed in the roof plane of the rear elevation. The dwellinghouse would provide a 126 kitchen/Dining, utility, wc, hall and lounge on the ground floor with four bedrooms, bathroom and ensuite across the first floor.

Access to the property would be shared with two existing dwellings directly off Pump Lane. It is proposed that an area for manoeuvring space and parking for up to two vehicles would be provided on site.

3. PLANNING POLICY AND LEGISLATIVE FRAMEWORK 3.1 Adopted Derbyshire Dales Local Plan (2005) SF1 Development Within Settlement Framework Boundaries SF5 Design And Appearance Of Development H1 New Housing Development Within Settlement Framework Boundaries H9 Design and Appearance of New Housing NBE8 Landscape Character NBE26 Landscape Design In Association With New Development TR1 Access Requirements And The Impact Of New Development TR8 Parking Requirements For New Development

3.2 Other: National Planning Policy Framework (2012) National Planning Practice Guidance

4. RELEVANT PLANNING HISTORY

11/00719/FUL Erection of house and garage Refused 12/00213/FUL Erection of house and garage Refused 12/00027/WREP Erection of house and garage Appeal Dismissed

5. CONSULTATION RESPONSES

5.1 Parish Council Objection raised on the grounds of “impact on neighbours access – off a fairly narrow driveway which may increase traffic flow”.

5.2 Derbyshire County Council (Highways) Whilst the sites existing access onto Pump Lane has restricted emerging visibility, it’s not considered an objection on this basis alone would be sustainable given the low passing volumes and speeds on Pump Lane. The proposals are providing an adequate level of parking for a single dwelling and sufficient space is being provided within the site to enable a delivery vehicle to enter the site, turn and exit in a forward gear. No objection, subject to conditions.

6. REPRESENTATIONS RECEIVED

6.1 A total of 9 representations have been received. A summary of the representations is outlined below:

Highway Safety o Increase in vehicular movements o Narrow access o Large lorries would have difficulty accessing the site due to the narrow access o No public footpath from application site o Potholed road would worsen o Pedestrian safety concerns o Lack of off street parking

127 Amenity o Loss of garden amenity space o Overlooking issues o Loss of light o Construction traffic 7. OFFICER APPRAISAL

Application Background

7.1 This application is a re-submission following the refusal of two previous planning applications and recent appeal decision. It is important to consider in respect of this particular application whether the proposed scheme addresses the Inspectorates reason(s) for dismissal in respect of application 12/00027/WREP.

7.2 Notwithstanding the above any application will be assessed on its individual merits. Therefore the following material planning issues are relevant to this application:

1. Principle of the development 2. Impact upon character and appearance of the locality 3. Impact upon amenity 4. Highway safety

Principle of Development

7.3 Local Plan Policy SF1 is generally supportive of development within Settlement Framework Boundaries subject to a number of provisions being complied with. Amongst the requirements are that it… preserves or enhances the character and appearance of the settlement and … preserves or enhances the natural and built environment.

7.4 Being located within the Settlement Framework Boundary for Doveridge, as defined within the Adopted Derbyshire Dales Local Plan (2005), the site is considered an acceptable location for new build residential development, in principle.

Impact upon Character and Appearance

7.5 Policies SF5 and H9 of the Adopted Derbyshire Dales Local Plan (2005) deal with matters of design. Policy SF5 advises that planning permission will only be granted for development where… (a) the scale, density, massing, height, layout, materials of construction and landscaping preserves or enhances the quality and local distinctiveness of its surroundings.

7.6 Policy H9 requires new housing development to be in scale and character with its surroundings and have regard to distinctive landscape features amongst other considerations. The National Planning Policy Framework is a material planning consideration in development management decisions and states in respect of design that development should add to the overall quality of the area and respond to local character and history, and reflect the identity of local surroundings. It is recognised that good design is a key aspect of sustainable development and should contribute positively to making places better for people.

7.7 The application site forms an open area of grassland adjacent to The Woodyard dwelling-house to the east. There is no traditional pattern of development within the immediate area, with the application essentiality comprising of infill development of varying design and materials. 128 7.8 Having regard to the recent appeal decision, 12/00027/WREP the assessment made by Local Authority against the design of the previously refused application, 12/00213/FUL building being rather contrived does not corroborate with the inspectors decision who found there was no policy conflict with regards to design concluding the character and appearance of this part of Doveridge would not be harmed.

7.9 The revised proposal has retained its relatively simple design which matches the characteristics of the adjacent dwelling, The Woodyard. Alterations to the height, fenestration and orientation of the proposal has somewhat overcome the Local Authorities concerns with regards to design. Taking the above into consideration the dwelling would not result in an unduly dominant impact on site or adversely impact on the character and appearance or the wider area of Doveridge.

Impact upon Amenity

7.10 Concern has been raised historically that development of the site would result in a dwelling that will overlook neighbouring properties, namely Sayge Cottage to the west and The Woodyard to the east. A recent appeal decision, APP/P1045/A/12/2180745 substantiated concerns locally, concluding development would result in an unreasonable loss of amenity on neighbouring dwellings specifically with regards to overlooking.

7.11 A revised position of the dwelling in line but forward of the adjacent dwelling to the east has been submitted which looks to be the most appropriate location. The dwelling would be positioned centrally within the site approximately 6.5m from The Woodyard, 36m from The Old High School and 24m from Sayge Cottage. The removal of first floor windows from both side elevations, revised orientation and the inclusion of rooflights only at first floor level minimises potential amenity impacts with no direct overlooking expected upon neighbouring dwellings.

7.12 Inevitably the erection of two storey building will create some level of visual impact within the area. However, it is considered the revised proposal will not create a significant impact on the amenity of neighbouring properties.

Impact upon Highway Safety

7.13 Whilst the concerns of nearby residents are understandable in respect of the suitability of the existing access onto Pump Lane, additional survey work carried out by the applicant has concluded that the access is capable of serving an additional dwelling without having a detrimental impact on highway safety. Based on the likely speed and volume of traffic using the lane and the level of visibility, the Local Highway Authority considers that an objection on highway safety grounds would be difficult to sustain.

Conclusion

7.14 The proposal would constitute a sustainable form of residential development which would not have an adverse impact on the amenities of neighbouring properties or create a detrimental impact on the character and appearance of the immediate or wider setting of Doveridge.

7.15 In conclusion the proposal generally accords with the National Planning Policy Framework and Derbyshire Dales Local Plan.

7.16 Accordingly the application is recommended for approval.

129 8. RECOMMENDATION That planning permission be granted subject to the following conditions.

1. Condition ST02a: Time limit on full

2. DM1: All Materials to be Approved – General

3. No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include :-

a) indications of all existing trees, hedgerows and other vegetation on the land; b) all vegetation to be retained including details of the canopy spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works; c) measures for the protection of retained vegetation during the course of development; d) soil preparation, cultivation and improvement; e) all plant species, planting sizes, planting densities, the number of each species to be planted and plant protection; f) grass seed mixes and sowing rates; g) finished site levels and contours, and; h) hard surfacing materials.

4. All soft and hard landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

5. Approval of the fenestration (inc dormer windows) of the principal elevation shall be obtained from the Local Planning Authority in writing before any development is commenced. Works shall then be undertaken in accordance with that written approval.

6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification) no external alterations or additions shall be made to the replacement dwelling hereby approved and no buildings, extensions, gates, fences or walls (other than those expressly authorised by this permission) shall be carried out within the curtilage of the dwelling without the prior written approval of the Local Planning Authority upon an application submitted to it.

7. The premises, the subject of the application, shall not be occupied until space has been provided within the application site in accordance with the application drawings for the parking and manoeuvring of residents and visitors vehicles, laid out, surfaced and maintained throughout the life of the development free from any impediment to its designated use.

8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 the garage accommodation / parking space to be 130 provided in connection with the development shall not be used other than for the above stated purpose except with the prior permission of the Local Planning Authority granted on an application submitted to it.

Reasons:

1. Reason ST02a

2. To ensure a satisfactory external appearance of the development in accordance with the aims of Policies SF5 and H9 of the Adopted Derbyshire Dales Local Plan (2005) and guidance contained within the National Planning Policy Framework (2012).

3. To ensure a satisfactory standard of landscaping in accordance with the aims of Policies SF4, NBE8 and NBE26 of the Adopted Derbyshire Dales Local Plan (2005) and guidance contained within the National Planning Policy Framework (2012).

4. To ensure a satisfactory standard of landscaping in accordance with the aims of Policies SF4, NBE8 and NBE26 of the Adopted Derbyshire Dales Local Plan (2005) and guidance contained within the National Planning Policy Framework (2012).

5. To ensure a satisfactory appearance to the development in accordance with Policy SF5 and H9 of Derbyshire Dales Local Plan.

6. To preserve the appearance of the dwelling in accordance with the aims of Polices SF4 and NBE8 of the Adopted Derbyshire Dales Local Plan (2005) and guidance contained within the National Planning Policy Framework (2012).

7-8 In the interests of highway safety in accordance with the aims of Policy TR1 of the Adopted Derbyshire Dales Local Plan (2005) and guidance contained within the National Planning Policy Framework (2012).

This decision notice relates to the following documents:

Submitted plans date stamped 2nd November 2016.

131 Planning Committee 15th November 2016 Agenda Item 4.9

APPLICATION NUMBER 16/00657/FUL SITE ADDRESS: Wallands Farmhouse, Brassington Road, Brassington

DESCRIPTION OF DEVELOPMENT Demolition of agricultural building and erection of dwelling

CASE OFFICER H Frith APPLICANT Mr N Spiteri PARISH/TOWN Brassington AGENT Planning Design Practice

WARD Councillor L Rose DETERMINATION 26.10.16 MEMBER(S) TARGET REASON FOR Due to previous REASON FOR Not applicable DETERMINATION committee referral SITE VISIT (IF BY COMMITTEE APPLICABLE)

MATERIAL PLANNING ISSUES

Principle of the development The impact upon landscape character and appearance Impact upon the loss of part of an area of ridge and furrow of regional importance

RECOMMENDATION

Refusal

132 133 1. THE SITE AND SURROUNDINGS

The application site relates to a collection of farm buildings, in particular the steel framed farm buildings fronting the highway to the east of the site. The site is within open countryside with stone farm buildings to the west and planning permission has been granted for a replacement farm house to the south of the site in the field opposite the access. The site is enclosed by hedging with a stone boundary wall to the site frontage.

2. DETAILS OF THE APPLICATION

2.1 Planning permission is sought to demolish the existing steel framed farm buildings which are in a dilapidated state and erect a new dwelling to the north of the buildings to be demolished. The proposed dwelling would be served from a shared driveway leading from the highway to the east of the site. The dwelling proposed would be of a quasi-agricultural design. The main part of the building is to be two storeys in height with a single storey element creating a ‘T’ shape form with large glazed central hallway feature with timber cladding. A number of large glazed doorways are proposed in the ground floor with domestic type windows to both the ground and upper floor. The only change made to the design in this latest application is a decrease in the amount of glazing to the hallway element with the introduction of further timberwork on the eastern elevation and the offsetting of the single storey element to create an off centred ‘T’ shape form.

2.2 The accommodation proposed is as follows: Boot room, utility, kitchen and living area, central hallway, lounge, dining room, WC, ensuite and bedroom on the ground floor. On the first floor three bedrooms, an en-suite and bathroom are proposed. A lean to car port structure is proposed to the eastern side elevation of the building with vertical timberwork partially covering the elevations.

134 2.3 A supporting statement has been submitted which notes the following key points: i. This is a re-submission following a close rejection of at the application at the Council’s planning committee meeting of the 9th August 2016.

ii. The officer report to that committee was factually incorrect. The proposal sought to replace an approved barn conversion under the GDPO Class Q which has detailed consent under parts a) and b) of that legislation. The report said that the Council had not approved details under part b), when in fact they had. We believe that this created uncertainty in the minds of some Members of the committee in terms of what was being replaced and it prevented Members from being able to compare the approved scheme from the proposed dwelling. The chairman indicated that if the comparison could be made, the application should be re-submitted. We believe that the report to committee was written in good faith and this was a genuine mistake. The application has been amended to address some of the concerns raised. We believe this is an improved scheme which we hope will be approved by the committee.

iii. The agricultural building benefits from approval under class Q for conversion to a dwelling. The alterations authorised in association with such conversion are limited. Whilst the building is of little character it would retain much of its utilitarian character post-conversion and would be visible in the landscape for years to come. The applicant is of the view that replacing the existing utilitarian outbuilding with a purpose built structure designed from the outset to have the character and appearance of a sympathetically converted traditional agricultural building, would be a better alternative. The proposed building will provide four bedroom accommodation with the same floor area as the proposed conversion. The building has been re- designed to have a more traditional appearance. The footprint of the building would be moved to the north to open up views of the traditional farm buildings and improve the relationship with the existing dwelling, providing greater separation from the approved conversion.

iv. The proposal effectively constitutes a replacement dwelling, although the outbuilding is yet to be converted. The applicant would accept a condition to demolish the existing building in order to build the new dwelling. Approval would not result in a net increase in the number of dwellings. The existing building is uninspiring and out of keeping with the vernacular. The proposed dwelling would be more in keeping with its landscape and context. It should be noted that the council cannot currently demonstrate a 5 year housing land supply. Paragraph 55 of the NPPF advises that local authorities should resist new isolated homes in the countryside unless there are special circumstances. Whilst this is not a sustainable location the proposal would not lead to any increase in the total number of units approved at the site. The scheme will also improve the character and appearance of the area.

v. The Officer’s report considered that the previously submitted scheme represented an isolated dwelling in the countryside, because the approved conversion has not been implemented and therefore the dwelling does not exist. The extant planning permission is however a material planning consideration in the assessment of this application. The proposal is for a replacement dwelling because it will replace another building which has consent for use as a dwelling. If the replacement dwelling is accepted the shed conversion will be demolished before the replacement is brought into use. The conversion of the existing building is viable. The separation of the units will improve the relationship between the dwellings in terms of visual impact and residential amenity. The replacement grouping will be far superior to the grouping it will replace. This sympathetic approach will not set an undesirable precedent. The proposal is considered to be sustainable in economic, social and 135 environmental terms. The impacts of the scheme are minor relative to its merits and therefore fail to outweigh them.

3. PLANNING POLICY AND LEGISLATIVE FRAMEWORK

3.1 Adopted Derbyshire Dales Local Plan (2005)

SF4: Development in The Countryside SF5: Design And Appearance of Development H4: Housing Development Outside Settlement Framework Boundaries H9: Design And Appearance Of New Housing TR1: Access Requirements And The Impact Of New Development TR8: Parking Requirements For new Development

3.2 Other: National Planning Policy Framework and National Planning Practice Guidance

4. RELEVANT PLANNING HISTORY:

4.1 16/00316/FUL Demolition of agricultural building and erection of dwelling – Refused for the following reasons:

1. The site lies in open countryside, without ready access to basic services, facilities and employment opportunities. The construction of a dwellinghouse, which does not need to be in such an isolated rural location, would be an inherently unsustainable, unwarranted and non-essential form of development in the countryside. As such, the proposal would be contrary to the requirements of paragraph 55 of the National Planning Policy Framework and would result in significant and demonstrable harm outweighing any benefit, contrary to the requirements of Paragraph 14 of the National Planning Policy Framework.

2. The siting, form and design of the dwelling would result in a form of development that would have an urbanising impact upon the wider site and is harmful to its character and appearance and the wider landscape character and appearance of the area. As such the proposal is contrary to policies SF5 and NBE8 of the Adopted Local Plan and guidance contained within the National Planning Policy Framework.

15/00866/PDA Change of use of agricultural buildings to 2 no. dwelling houses (Use Class C3) and associated building operations – Prior Approval Granted . 5. CONSULTATION RESPONSES

Parish / Town Council 5.1 Brassington Parish Council: No objection

Carsington and Hopton Parish Council (Neighbouring Parish): The Parish Council have considered the resubmitted application and are aware of the factual inaccuracy, however the original objections cited stand.

The Parish Council strongly object to the application to demolish an agricultural building and erect a dwelling in its place. The PC is mindful that the original farmhouse at this site has already been demolished and permission granted for a relocated and much larger dwelling as a replacement. Further, that two barns have the benefit of planning permission to be converted into residential properties using the prior notification path.

The Applicant now seeks to demolish one of these barns on the basis that it is out of

keeping with the rest of the buildings on136 site by its very nature and construction. The Applicant states that the replacement will be built from stone rather than the existing block materials it currently comprises, and of good design. The Parish Council feel that this development would set a very dangerous precedent if it were to be granted permission.

It is believed that this application is far removed from the spirit of the original legislation which allows for the conversion of barns into residences in these circumstances. If granted this would create a back door route which would enable the building of a new house in rural locations where they would not ordinarily be permitted under the current planning framework. It would simply require an applicant to initially justify a modern farm building, of say metal and sheet construction. Once that agricultural use is no longer required an application would be made to demolish that building and build a house to the same size and of completely different materials using the justification of good design. To simply say that as the barn does not sit well with the rest of the development on site that it warrants a whole new building of entirely different construction, and slightly relocated at that, is taking the planning system too far and is not justifiable in this case.

It is also felt that if this application is allowed the overall appearance of the site would be far removed from the original farmstead and have a more suburban feel which is out of character with the surrounding area.

Derbyshire County Council (Highways) 5.2 Recommend the same conditions as on previous applications.

Landscape Design Officer (Derbyshire Dales) 5.3 The site is part of a former farm complex in open countryside to the south of Brassington and directly off Brassington Road. The application specifically relates to a range of former farm buildings on the northern edge of the farmstead and the field immediately adjoining. Following the demolition of the former farmhouse and associated outbuilding along with roadside trees and garden vegetation the remaining buildings stand in isolation in a prominent and exposed position. There are wide ranging views of the site to the west where land drops steeply away. The overall effect of the proposed development would be to replace a compact range of farm buildings with a much more widely dispersed cluster of three domestic properties with only the property at Barn 2 being as a result of actual conversion.

The development represents an intrusion of residential development into open countryside without the benefit of conversion of an existing farm building; as such it will have a significant adverse impact upon local landscape character. The property will be prominent in the view from Brassington Road resulting in significant adverse impact on local visual amenity. The cumulative impact of all three domestic properties within open countryside will have a significant adverse impact upon local landscape character and visual amenity.

Development Control Archaeologist 5.4 Thank you for consulting on the above planning application. Development of the proposal site will involve loss of an area of earthwork ridge and furrow of medieval date. The extent of earthwork loss is not entirely clear from the application, and depends to some extent on whether earthworks in the curtilage of the proposed buildings are to be levelled, but could amount to 0.3ha. A further 0.4ha would be lost to the south of the farm should the application 16/00317 for a dwelling in the paddock to the south gain consent.

The ridge and furrow forms part of a large block mapped on the Derbyshire Historic Environment Record (HER 30649) around Wall Lands and Carslow and amounting to 123ha in total. Better-preserved elements of this block are recorded by SHINE (Natural England’s selected heritage inventory) as ‘medium’ significance and amount to c21ha around Wall Lands with a further 15ha just to the north. The proposal site therefore forms a small percentage of the overall ridge and furrow resource in the area (about 1% of the 137 SHINE site around Wall Lands). In combination with the associated application to the south this would see a loss of about 0.7ha or 3% of the ridge and furrow resource around Wall Lands.

Given its extent the surviving ridge and furrow in the area is likely to be of regional significance, although this asset would only incur a minor harm from the current development proposals. In determining the application the local planning authority should form a balanced judgement weighing this harm against the benefits of the development proposals (NPPF para 135).

6. REPRESENTATIONS RECEIVED

6.1 None

7. OFFICER APPRAISAL

The following material planning issues are relevant to this application: 1. The principle of development 2. The impact upon landscape character and appearance 3. Impact upon the loss of part of an area of ridge and furrow of regional importance

Principle of Development

7.1 The application site lies within open countryside in a location where new residential development is restricted.

7.2 Whilst the Council considers that it can now demonstrate a 5 year housing land supply, the policies of the Adopted Local Plan remain out of date and therefore paragraph 14 of the NPPF remains the primary policy guidance for the determination of applications for housing development at the present time.

7.3 Paragraph 14 of the NPPF requires that where the development plan is absent, silent or the relevant policies are out of date, planning permission should be granted unless: − 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; or − Specific policies in this framework indicate development should be restricted.

7.4 It is acknowledged that in order to meet the housing needs of the District over the plan period some development is likely in the villages and on green field sites where such development can assist in the continued provision of local services and facilities. However, this application relates to an isolated rural location where such a development cannot be considered sustainable as the occupiers of the property would be wholly reliant on the private motor car in order to access all services and facilities.

7.5 Paragraph 55 of the NPPF advises that Local Planning Authorities should avoid new isolated homes in the countryside unless there are special circumstances such as: It is essential for a rural worker to live permanently at the site, The development would present optimal viable use of a heritage asset or disused building or, The exceptional quality or innovative nature of the design of the dwelling, such a design should: − Be truly outstanding or innovative − Reflects the highest standards of architecture − Significantly enhance its immediate setting; and − Be sensitive to the defining characteristics of the local area.

138 7.6 It is not considered in this case that any of these special circumstances apply. The dwelling is not required for an agricultural worker. The design of the dwelling is not truly innovative or of special high quality architecture. The quasi agricultural design, which has not substantially altered since the previous refusal earlier this year, is not considered to enhance the appearance of the site but rather will be a prominent building within the landscape. Furthermore the sporadic siting of dwellings across the entirety of the northern part of the field stretching towards the southern field, with shared accesses being formed, would cause harm to the landscape character of the area. Without justification under the parameters of paragraph 55 the proposal is contrary to the requirements of this paragraph in relation to unsustainable development in the open countryside.

7.7 It is noted that prior approval has been granted to convert the existing farm building under Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015. This legislation permits the conversion of agricultural buildings subject to restrictive criteria. As permission has been granted but no works have as yet commenced in relation to this conversion, the dwelling which would result as such whilst having permission does not exist and therefore cannot be replaced. The purpose of this recent legislation is to enable the re-use of redundant farm buildings in order to boost housing supply. The legislation does not permit any extension or demolition and rebuild of the farm buildings to be converted and is restrictive in this regard to ensure conversion only. In view of this restrictive approach from the government it does not automatically follow that buildings that can be converted through this legislation should also be allowed to be replaced by new housing development, particularly where the location changes and environmental impact increases as if that were the case the legislation would not have been so purposely restrictive. It is therefore considered that this proposed development has to be considered principally as a new build residential development in the open countryside in a wholly unsustainable location which is contrary to the core principles and paragraph 55 of the NPPF.

Landscape and Visual Impact

7.8 The restrictions on conversion of the buildings set out in the legislation ensure that the rural nature of the landscape context, of which rural farm buildings are in intrinsic part, is preserved. The proposal is to demolish part of a collection of farm buildings and erect a new dwelling further to the north of the site within the middle of the open field. This will result in the sporadic siting of dwellings across these fields in a form which will have an urbanising effect upon the appearance of the site.

7.9 The design of the dwelling has been noted by the applicant’s agent to have the appearance of a traditional farm building. The two storey scale, ‘T’ shaped form and design details are considered to result in a building of a domestic appearance and therefore the building would not have the appearance of a utilitarian building associated with a farming operation. It is also worth noting that whilst the existing farm building is of little merit the conversion would retain the form of a wider group of utilitarian farm buildings and would likely improve the overall appearance of the existing buildings.

7.10 It is considered that the siting and the design of the proposed dwelling being overly domestic and of an urbanising form will cause harm to the character and appearance of the site as a traditional rural farmstead and the wider landscape character of which such farmstead groupings are typical. As such the proposal is considered to be contrary to Policies SF5 and NBE8 of the Adopted Local Plan which require development to preserve or enhance the quality and local distinctiveness of the surroundings and that protects or enhances the character, appearance and local distinctiveness of the landscape.

7.11 These policies of the local plan are considered, to some extent, to be in line with the National Planning Policy Framework. The proposal is also considered contrary to specific 139 policies within the NPPF which requires that development should take account of the different roles and character of different areas, recognise the intrinsic character and beauty of the countryside and avoiding isolated new homes in the countryside.

Impact upon ridge and furrow

7.12 Paragraph 135 of the NPPF requires that the effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. Where there is a direct or indirect impact a balanced judgement will be required having regard to the scale of any harm or loss of the significance of the heritage asset.

The application site is an area that covers a small percentage of a much larger area of ridge and furrow which as a whole is considered to be of regional significance. However given the minimal extent of the loss in terms of the area of ridge and furrow it is considered that the proposal will have minimal impact upon the significance of the ridge and furrow as a non-designated heritage asset. Therefore in accordance with paragraph 135 of the NPPF this will not amount to a level of harm to the non-designated heritage asset such that refusal of planning permission is warranted.

Highway Safety

7.13 The Highway Authority has not to date provided any comments on this application. However, the access to the site appears to have sufficient visibility splays to allow safe access along this stretch of road. Without information to the contrary to is considered that safe access and sufficient parking can be achieved to the site in accordance with policies TR1 and TR8 of the Adopted Local Plan and guidance contained within the National Planning Policy Framework.

Conclusion

7.14 The applicant’s agent is putting this proposal forward as an either or option for the development of this site. However, in decision making whilst the planning history of the site is a planning consideration and there is an existing permission in place for the conversion of the farm building on site, each proposal for development must be considered on its own merit.

7.15 Paragraph 14 of the NPPF requires that where the development plan is absent, silent or the relevant policies are out of date, grant planning permission unless: • 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; or • Specific policies in this framework indicate development should be restricted.

7.16 This development needs to be considered against the three roles of sustainability. In this case these roles are assessed as follows: • The economic role of sustainability will be met during construction and afterwards in the contribution to the economy created by the new occupiers, although this would be just as well served by the conversion of the existing building and therefore can only be given limited weight as a benefit. • The social role of sustainability would not be met as occupiers of the building would be wholly reliant on the private motor vehicle in order to access services and facilities. • The environmental role of sustainability would not be met due to the harm the development would have upon the character and appearance of the site by introducing development of an urbanising form harmful to the character and 140 appearance of the landscape. Furthermore the reliance on the private motor vehicle to access services and facilities would result in additional pollution and emissions also contrary to the environmental role of sustainability.

7.17 Therefore, notwithstanding that a new dwelling can be created on site from the conversion of the existing barn, when all matters are considered in the round the harm from the development is considered to be significant and demonstrable harm that is not outweighed by the minor economic benefit of the scheme that would equally be provided by the conversion already approved. Therefore planning permission is recommended for refusal.

8. RECOMMENDATION

8.1 That planning permission be refused for the following reason(s).

1. The site lies in open countryside, without ready access to basic services, facilities and employment opportunities. The construction of a dwelling house, which does not need to be in such an isolated rural location, would be an inherently unsustainable, unwarranted and non-essential form of development in the countryside. As such, the proposal would be contrary to the requirements of paragraph 55 of the National Planning Policy Framework and would result in significant and demonstrable harm outweighing any benefit, contrary to the requirements of Paragraph 14 of the National Planning Policy Framework.

2. The siting, form and design of the dwelling would result in a form of development that would have an urbanising impact upon the wider site and is harmful to its character and appearance and the wider landscape character and appearance of the area . As such the proposal is contrary to policies SF5 and NBE8 of the Adopted Local Plan and guidance contained within the National Planning Policy Framework

NOTES TO APPLICANT: The Local Planning Authority considered the merits of the submitted application and judged that there was no prospect of resolving the fundamental planning problems with it through negotiation. On this basis the requirement to engage in a positive and proactive manner was considered to be best served by the Local Planning Authority issuing a decision on the application at the earliest opportunity and thereby allowing the applicant to exercise their right to appeal.

This decision notice relates to the following documents: Site location plan no. 2210-65 received 31.08.16 Site plan as proposed (permitted) 2210-50 received 31.08.16 Site plan as existing 2210-66 received 31.08.16 Planning statement received 31.08.16 General arrangement as proposed 2210-63 received 31.08.16 Overall site plan as proposed 2210-62 received 31.08.16 Site plan as proposed 2210-59 received 31.08.16 Barn conversion unit 2, plans as proposed 2210-53 received 31.08.16 Barn elevations as proposed 2210-67 received 31.08.16 Biodisc detail received 31.08.16

141 04 November 2016 Active Enforcement Investigations 13:09:26

Ashbourne North ENF/13/00095 Unauthorised alterations to listed buildings - 15 - 17 Church St, Bagshaw Agricultural Vine House 15 Church Street Ashbourne Pending Consideration Ashbourne, Derbyshire DE6 1AE Derbyshire DE6 1AE

ENF/14/00071 Unauthorised building works to facilitate a Biomass Boiler and Sturston Hall Farm Mill Lane Sturston Derbyshire DE6 1LN Notice Issued affecting the setting of a listed building.

ENF/15/00014 Unauthorised alterations to listed building. Installation of photo Sturston Hall Farm Mill Lane Sturston Derbyshire DE6 1LN Notice Issued voltaic panels on roof slope - Sturston Hall Farm, Ashbourne, DE6 1LN

ENF/15/00035 Unauthorised signage and paintwork Drink Zone Plus Ground Floor 5B St John Street Ashbourne Pending Consideration Derbyshire DE6 1GP

ENF/15/00072 Unauthorised change of use of ancillary residential accomodation to Parkfield House Farm Kniveton Lane Offcote Derbyshire DE6 1JQ Notice Issued self contained holiday cottage and change of use of agricultural land to domestic curtilage

ENF/15/00085 Unauthorised alterations to a listed building comprising of the Abode Unit 1 1 Market Place Ashbourne Derbyshire DE6 1GP Pending Consideration alterations to the shop front, painting, signage and lighting. Ashbourne South ENF/14/00070 Unauthorised internally illuminated signage above front of 25 Dig Street Ashbourne Derbyshire DE6 1GF Pending Consideration restaurant - 25 Dig Street, Ashbourne, DE6 1GF

ENF/16/00031 Breach of condition 9 relating to planning permission 14/00722/FUL - Land Formerly Hillside Farm Wyaston Road Ashbourne Pending Consideration specifically the environmental and construction management plan Derbyshire DE6 1NB and hours of site work. Brailsford ENF/15/00021 Unauthorised change of use of land from agricultural to domestic. Orchard Cottage Longford Lane Longford Derbyshire DE6 3DT Pending Consideration Engineering works to remove trees and hedging to facilitate hardstanding area including the erection of a boundary fence in excess of 1m high adjacent to a classified vehicular highway.

Page 1 of 7 142 ENF/15/00097 Unauthorised construction of timber cabin and subsequent Aragorn Cabin Mercaston Lane Mercaston Derbyshire Pending Consideration occupation as a dwelling house with associated use of land as domestic curtilage.

ENF/16/00033 Breach of condition 16 (hours of work) of planning permission Land Off Luke Lane Luke Lane Brailsford Derbyshire Pending Consideration 13/00826/FUL - Land off Luke Lane Brailsford

ENF/16/00087 Failure to provide pre commencement details as per conditions 2 The Old Drifthouse Park Stiles Farm Park Lane Rodsley Pending Consideration and 6 of planning permission 16/00400/PDA - Change of use of Derbyshire DE6 3AJ agricultural building to dwelling house. Carsington Water ENF/15/00108 Non compliance with approved plans "Erection of two dwellings" at Robinsons Limited Longcliffe Works Longcliffe Brassington Pending Consideration Peakland View, Darley Dale, office code 14/00300/FUL Derbyshire DE4 4HN

ENF/16/00034 Unauthorised erection of Dog kennels Four Lane Ends Farm Gibfield Lane Hulland Ward Derbyshire DC Application Submitted DE6 3EJ

ENF/16/00073 Unauthorised change of use and conversion of outbuildings on land Rock Cottage Hillside Lane Brassington Derbyshire DE4 4HA Pending Consideration at Rock Cottage, Brassington, Matlock, Derbyshire, DE4 4HA Clifton And Bradley ENF/15/00106 Unauthorised signs on land at Riverside Retail Park and Ashbourne Waterside Park Waterside Road Ashbourne Derbyshire Pending Consideration Golf Club.

ENF/16/00091 Unauthorised change of use of land from Agricultural to domestic 2 Yew Tree Lane Bradley Derbyshire DE6 1PG Pending Consideration curtilage, to the rear of property known as 2 Yew Tree Lane, Bradley. Darley Dale ENF/12/00034 Unauthorised demolition of a Listed wall and unauthorised access off Stancliffe Quarry, Darley Dale, Matlock. Notice Issued the A6 at Dale Road North Darley Dale.

ENF/13/00022 Expiration of temporary planning permission. Erection of mobile Woodside Farm Buildings Back Lane Darley Moor Matlock Pending Consideration home/chalet for agricultural worker for a temporary period of 3 Derbyshire DE4 5LP years and retention of existing amenity building/office.

ENF/15/00034 Stationing of a caravan on land for suspected residential purposes Land At The Junction Of Back Lane And Flash Lane, Darley Moor, Notice Issued and the use of an agricultural building for the keeping of horses. Matlock.

ENF/16/00042 Unauthorised internally illuminated advertisement. Valley Lodge Nursing Home Bakewell Road Matlock Derbyshire Pending Consideration DE4 3BN

ENF/16/00052 Creation of earth bund in a field to the south of Bent Farm. Ameycroft Farm Farley Hill Matlock Derbyshire DE4 5LR Pending Consideration

Page 2 of 7 143 ENF/16/00055 Unauthorised engineering works to facilitate caravan hardstanding Tax Farm Farley Lane Farley Derbyshire DE4 5LQ Pending Consideration pitches

ENF/16/00069 Unauthorised erection of wooden carport structure Slayleigh 1 Rotherwood Villas Dale Road South Darley Dale Pending Consideration Derbyshire DE4 2EU

ENF/16/00071 Unauthorised engineering operations The Beeches Hallmoor Road Darley Dale Derbyshire DE4 2HF Pending Consideration Dovedale And Parwich ENF/15/00065 Alleged change of use of pub car park to use for the stationing of Okeover Arms Mapleton Road Mapleton Derbyshire DE6 2AB Pending Consideration vehicular mobile homes.

ENF/15/00092 The unauthorised erection of a timber cabin for the purposes of Laburnum Cottage Mapleton Road Mapleton Derbyshire DE6 Pending Consideration human habitation. The Cabin, Laburnham Cottage, Mappleton. 2AB

ENF/16/00061 Unauthorised erection of lamposts within an agricultural field, to Callow Hall Country House Hotel Mapleton Road Mapleton Pending Consideration facilitate vehicular parking. Derbyshire DE6 2AA Doveridge And Sudbury ENF/13/00019 Unlawful siting of caravan for human habitation in agricultural field Land North East Of Holmlea Farm Bungalow Marston Lane Pending Consideration adjacent to Marston Lane at Doveridge. Doveridge Derbyshire

ENF/15/00001 Unauthorised breach of condition 11 of planning permission Somersal House Bowling Alley Lane Somersal Herbert Pending Consideration 08/00520/FUL - Conversion of barn to holiday let. Derbyshire DE6 5PD

ENF/15/00039 Unauthorised change of use of agricultural outbuildings to Hunters Croft Upwoods Road Doveridge Derbyshire DE6 5LL Pending Consideration office/business use. Hulland ENF/14/00041 Breach of condition 2 relating to planning permission Redmire Gap Intakes Lane Turnditch Derbyshire DE56 2LU Pending Consideration 10/00812/TEMP - Provision of temporary access for a period of 2 years - Redmire Gap, Intakes Lane, Turnditch, Derbyshire DE56 2LU

ENF/15/00004 Unauthorised engineering works including substantive excavation on Common Farm Mugginton Lane End Weston Underwood Pending Consideration land at Common Farm. Ashbourne Derbyshire DE6 4PP

ENF/15/00024 Unauthorised change of use of holiday cabins to dwelling. Blackbrook Lodge Farm Intakes Lane Turnditch Derbyshire DE56 Pending Consideration 2LU

ENF/16/00043 Unauthorised engineering works on land at Whinney Hill Farm Winney Hill Farm Hob Lane Kirk Ireton Derbyshire DE6 3LG Pending Consideration Masson ENF/11/00083 Unauthorised rebuilding of retaining wall. 24 Chapel Hill Cromford Derbyshire DE4 3QG Notice Issued

Page 3 of 7 144 ENF/13/00108 Unauthorised works to Grade II Listed Building Corn Mill Cottage Water Lane Cromford Derbyshire DE4 3QH Notice Issued

ENF/15/00052 Installation of plastic windows in a listed building. 101 The Hill Cromford Derbyshire DE4 3QU Notice Issued

ENF/15/00054 Unauthorised alterations to a Grade II Listed Building. Rita's Fish Bar 182 South Parade Matlock Bath Derbyshire DE4 Pending Consideration 3NR

ENF/15/00060 Unauthorised installation of two roof-lights and flue on the rear roof Swifts Cottage 15 The Hill Cromford Derbyshire DE4 3RF Notice Issued slope.

ENF/15/00104 Unauthorised internal works and demolition of external boundary Mill Managers House Cromford Mill Mill Road Cromford Pending Consideration wall. Derbyshire DE4 3RQ

ENF/15/00105 Unauthorised engineering operations to create extra parking/turning G P Produce The Hill Cromford Derbyshire DE4 3QL Pending Consideration area.

ENF/16/00024 Unauthorised occupation of holiday let as residential dwelling. The Farrows Chestnut Farm Abel Lane Bonsall Derbyshire Pending Consideration

ENF/16/00028 Unauthorised erection of fence within the curtilage, at the rear, of a 86 The Hill Cromford Derbyshire DE4 3QU Pending Consideration Grade II Listed Building.

ENF/16/00037 Unauthorised extension to property. 1 Water Lane Cromford Derbyshire DE4 3QH Notice Issued

ENF/16/00041 Unauthorised instalation of plastic windows and door. 2,4,6 North Parade Matlock Bath Derbyshire DE4 3NS Pending Consideration

ENF/16/00058 Unauthorised facia advertisement. F Coffee 6 North Parade Matlock Bath Derbyshire DE4 3NS Pending Consideration

ENF/16/00063 Change of Use of premises to Cafe Restoration Cafe Former Tourist Information Centre Grand Pending Consideration Pavilion South Parade Matlock Bath Derbyshire DE4 3NR

ENF/16/00066 Alledged unauthorised building works to rear of property. - 138-142 Kostas Restaurant 138 North Parade Matlock Bath Derbyshire Pending Consideration North Parade, Matlock Bath, Derbyshire, DE4 3NS DE4 3NS

ENF/16/00076 Unauthorised "mini fish, chips & peas"banner on railings. Halls Merry Go Round 200 South Parade Matlock Bath Pending Consideration Derbyshire DE4 3NR

ENF/16/00078 Works to clad a bus stop in stone. Bus Stop Near To The Fountain. Bonsall. Pending Consideration

ENF/16/00084 Unauthorised banner advertisements. RIVA 124 - 126 North Parade Matlock Bath Derbyshire DE4 3NS Pending Consideration

ENF/16/00090 Erection of a shed, decking and fence. 2 Primrose Cottages St Johns Road Matlock Bath Derbyshire DE4 Pending Consideration 3PQ Matlock All Saints

Page 4 of 7 145 ENF/14/00006 Unauthorised change of use from domestic curtilage to use as 5 Olde Englishe Road Matlock Derbyshire DE4 3RR Pending Consideration commercial car park relating to Parkside Fitness

ENF/15/00030 Unauthorised "PELI" advertisement Peli Deli 6 Crown Square Matlock Derbyshire DE4 3AT Notice Issued

ENF/15/00087 Breach of conditions on planning application number 14/00493/FUL 10 Imperial Road Matlock Derbyshire DE4 3NL Pending Consideration

ENF/16/00014 Unauthorised fencing/decking to the side and rear with associated 38 Megdale Matlock Derbyshire DE4 3JW Pending Consideration engineering operations.

ENF/16/00015 Breach of condition 2 on planning permission (office code) 19 Dale Road Matlock Derbyshire DE4 3LT Pending Consideration 13/00005/FUL.

ENF/16/00038 Unauthorised erection of fences and alleged car sales business. 2 Bentley Close Matlock Derbyshire DE4 3GF Pending Consideration Matlock St Giles ENF/13/00084 Unauthorised erection of workshop Phillips Woodware Smuse Lane Matlock Derbyshire DE4 5EY Notice Issued

ENF/15/00083 Non compliance with pre-commencement conditions attached to Gate Inn The Knoll Tansley Derbyshire DE4 5FN Pending Consideration planning permission (15/00453/FUL)

ENF/15/00088 Unauthorised play equipment at The Gate Inn, Tansley. Gate Inn The Knoll Tansley Derbyshire DE4 5FN Pending Consideration

ENF/16/00018 Unauthorised extensions to existing stables and field shelter. Land To The West Of Three Lanes End Whitelea Lane Tansley Pending Consideration Derbyshire

ENF/16/00025 1/ Unauthorised engineering operations to create an earth bund and Land Off Alders Lane, Tansley. Pending Consideration storage of materials behind it. 2/ Rearrangement of existing bund.

ENF/16/00046 Alleged that the stone used for the extension is not in keeping with Hurst Cottage 14 Bull Lane Matlock Derbyshire DE4 5LX Pending Consideration the rest of the property as conditioned by the planning permission 14/00360/FUL

ENF/16/00053 Unauthorised access off Riber Road. Brookdale Riber Road Lea Derbyshire DE4 5JQ Pending Consideration

ENF/16/00056 Change of use of agricultural land to the rear of 70 - 80 Starkholmes 72 Starkholmes Road Matlock Derbyshire DE4 3DD Pending Consideration Road Matlock, to incoorporate within the domestic curtilage of 72 Starkholmes Road, Matlock, DE4 3DD.

ENF/16/00057 Change of use of agricultural land to the rear of 76 - 78 Starkholmes 78 Starkholmes Road Matlock Derbyshire DE4 3DD Pending Consideration Road Matlock, to incoorporate within the domestic curtilage of 78 Starkholmes Road, Matlock, DE4 3DD.

Page 5 of 7 146 ENF/16/00089 Breaches of Planning Control ALS Scaffolding Services Limited Sunnyside Farm Whitelea Lane Pending Consideration Tansley Derbyshire DE4 5FL Norbury ENF/11/00091 Untidy site - storage of scrap materials (Timber, metal, pipes, bricks, Home Farm Thurvaston Road Marston Montgomery Derbyshire Notice Issued slates, gravel etc), old vehicles and caravans in a state of disrepair. DE6 2FF Land at Marston House Farm and Home Farm, Thurvaston Road, Marston Montgomery, Ashbourne, Derbyshire, DE6 2FF

ENF/13/00050 Unauthorised building works to an agricultural building. (Increasing Barn Opposite Field Cottage Finny Lane Rodsley Derbyshire Pending Consideration the height).

ENF/14/00030 Change of use of land from use for Microlight flying to use for the Airways Airsports Darley Moor Airfield Darley Moor Ashbourne Pending Consideration flying of Biplane aircraft. Derbyshire DE6 2ET Stanton ENF/16/00067 Unauthorised erection of a timber fence adjacent to a highway. 2 River View Dale Road North Darley Dale Derbyshire DE4 2HX Pending Consideration

ENF/16/00086 Unauthorised erection of an oversized fence adjacent to a highway. 1 River View Dale Road North Darley Dale Derbyshire DE4 2HX Pending Consideration Wirksworth ENF/12/00022 Unauthorised stationing of a wooden chalet building and two steel The WoodYard. Homesford. Matlock. Derbyshire. DE4 5HL. Notice Issued containers.

ENF/15/00068 Unauthorised change of use of land for the stationing of a caravan Peak View Caravan Site Brassington Lane Wirksworth Notice Issued for residential purposes, the erection of a small timber building and Derbyshire the erection of a polly tunnel and portaloo.

ENF/15/00079 Works to a Listed Building 14 Market Place Wirksworth Derbyshire DE4 4ET Pending Consideration

ENF/15/00082 Unauthorised engineering operations. Land Off Oakerthorpe Road Bolehill Derbyshire Pending Consideration

ENF/16/00040 Unauthorised satellite dish. 21 North End Wirksworth Derbyshire DE4 4FG Pending Consideration

ENF/16/00045 Change of use of land from agricultural to caravan site and domestic Ladycroft Wash Green Wirksworth Derbyshire DE4 4FD Notice Issued curtliage (for stationing of childrens play equipment). Land to the rear of Ladycroft, Wash Green, Wirksworth, DE4 4FD

ENF/16/00059 Unauthorised alterations to a Listed Building. The Old Manse Coldwell Street Wirksworth Derbyshire DE4 4FB Pending Consideration

ENF/16/00064 Installation of plastic windows. 45 North End Wirksworth Derbyshire DE4 4FG Pending Consideration

ENF/16/00079 Erection of timber fence over 1 metre in height adjacent a highway. 20 Willowbath Lane Wirksworth Derbyshire DE4 4AY Pending Consideration

Page 6 of 7 147 ENF/16/00080 Engineering operations in a field to create a pond. 2 Little Bolehill Bolehill Derbyshire DE4 4GR Pending Consideration

Total Open Cases 84

Page 7 of 7 148 Enforcement Investigations Closed In the 6 Months Prior to 04/11/2016 Ashbourne South ENF/16/00062 Breach of condition 26 of planning permission 13/00854/REM - 4 Bower Close Ashbourne Derbyshire DE6 1TA Complied Voluntarily 29/09/2016 erection of 38 dwellings and associated public open space and infrastructure (approval of reserved matters), Land off Lodge Farm Chase, Ashbourne, Derbyshire Brailsford ENF/16/00010 Unauthorised change of use of an agricultural building, shown School Farm Back Lane Hollington Derbyshire Complaint Unfounded 06/05/2016 in red on the attached plan, to a commercial/storage and DE6 3GA distribution use.. Carsington Water ENF/16/00026 Unauthorised engineering works to facilitate access track on Overfields Quarry Pasture Lane Brassington Complied Voluntarily 26/05/2016 land adjacent to Brassington Lane between Brassington and Derbyshire Bradbourne.

ENF/16/00074 Alleged unauthorised timber building to front of property Dragons End Town Street Brassington Complied Voluntarily 11/10/2016 known as Dragons End, Town Street, Brassington Derbyshire DE4 4HB Clifton And Bradley ENF/16/00009 Breach of pre-commencement conditions relating to planning Moy Park Hatchery Cockshead Lane Snelston Complied Voluntarily 04/05/2016 permission 15/00757/FUL - Extension to hatchery building and Derbyshire DE6 2DP associated works (modifications of 15/00397/FUL) - Moy Park Hatchery, Cockshead Lane, Snelston, Derbyshire for Mr Wayne Shepherd.

ENF/16/00072 Alleged unauthorised building works on Mill Lane at Shirley. Thatch Lodge Mill Lane Shirley Derbyshire DE6 Complaint Unfounded 27/09/2016 3AR Darley Dale ENF/12/00092 Unauthorised building works and siting of caravan on land at Land At Junction Of Back Lane And Flash Lane Complied Voluntarily 15/06/2016 junction of Back Lane and Flash Lane, Darley Moor, Matlock. Darley Moor Matlock Derbyshire

ENF/15/00100 Erection of a wooden building for use as a dog grooming salon. Woodville Northwood Avenue Darley Dale Planning Application 27/06/2016 Derbyshire DE4 2GD Received

Page 1 of 3 149 ENF/16/00005 Use of a domestic garage/premises to run a chemical paint 6 Sunnyside Terrace Farley Hill Matlock Complaint Unfounded 16/08/2016 stripping business. Derbyshire DE4 5LT

ENF/16/00075 Alleged unauthorised garage. Whitworth House Dale Road North Darley Dale Complaint Unfounded 04/10/2016 Derbyshire DE4 2FS

ENF/16/00082 Alleged unauthorised engineering operations. Oker House Moor Lane Darley Dale Derbyshire Complied Voluntarily 19/10/2016 DE4 2HG Doveridge And Sudbury ENF/16/00081 alleged breach of condition 4 of planning permission Abbotsholme Stud Marston Bank Rocester Complied Voluntarily 03/11/2016 16/00419/FUL - cond'n 4 states, No development shall Derbyshire ST14 5BP commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority. Masson ENF/15/00063 Alterations to a Listed Building 26 North Street Cromford Derbyshire DE4 3RG Planning Application 15/06/2016 Received

ENF/16/00039 Problem beginning to cause damage and staining to the historic Greyhound Hotel Market Place Cromford Complied Voluntarily 17/08/2016 fabric of a Listed Building Derbyshire DE4 3QE

ENF/16/00050 Unlawful Banner advertisments on railings around Cromford Various Railings Around Cromford Junction Justification from Officer 22/06/2016 junction.

ENF/16/00070 Alleged engineering operations Land To The South Of Yeats Lane, Cromford. Complaint Unfounded 21/09/2016

ENF/16/00077 Untidy site Promenade Fish And Chip Shop 128 - 132 North Complied Voluntarily 05/10/2016 Parade Matlock Bath Derbyshire DE4 3NS

ENF/16/00083 Alleged change of use for selling tea and coffee. Simon Dunn Chocolatiers 52 - 54 North Parade Complaint Unfounded 12/10/2016 Matlock Bath Derbyshire DE4 3NS

ENF/16/00085 Alleged unauthorised alterations to a Listed Building. Greyhound Hotel Market Place Cromford Complaint Unfounded 18/10/2016 Derbyshire DE4 3QE Matlock All Saints ENF/16/00054 Engineering operations on land the East side of 80 Jackson 80 Jackson Road Matlock Derbyshire DE4 3JQ Complaint Unfounded 16/08/2016 Road.

Page 2 of 3 150 ENF/16/00060 Condition 4 on Planning Permission office code 08/00087/FUL 15 Bank Gardens Matlock Derbyshire DE4 3WA Complied Voluntarily 17/08/2016 "Erection of Conservatory" Matlock St Giles ENF/15/00098 Unauthorised engineering operations on fields to the South Derwent Treescapes Limited Deep Carr Lane Planning Application 16/08/2016 West of Derwent Treescapes. Matlock Derbyshire DE4 3NQ Received

ENF/16/00002 Erection of wooden structure building and untidy site consisting 55 Church Street Matlock Derbyshire DE4 3BY Complied Voluntarily 26/08/2016 of the storage of pipes, pipe fittings, buckets, plastic containers, burnt materials, old car parts, old toilet seat,steel frames, bags of waste and discarded houshold materials.

ENF/16/00047 Alleged unauthorised extension to dwelling house and 46 Mornington Rise Matlock Derbyshire DE4 Complaint Unfounded 13/05/2016 boundary fence obstruction. 3EQ Norbury ENF/16/00068 Alleged breach of condition 9 relating to the slurry pit on land Land To The South Of West View Shields Lane Complaint Unfounded 20/09/2016 at Four Oaks Farm, Shields Lane, Roston. 10/00580/FUL - Roston Derbyshire condition 9 "The slurry lagoon hereby approved shall only be used for the storage of slurry arising from the keeping of livestock on the site and livestock kept at Pear Tree Farm, Stubwood. It shall not be used for the storage of slurry or any other waste material imported from elsewhere". Stanton ENF/15/00008 Rebuilding a roadside wall and the use of part of an agricultural 103 Northwood Lane Darley Dale Derbyshire Not in the Public interest to 15/06/2016 building. DE4 2HS pursue Wirksworth ENF/16/00049 Alleged unauthorised building works at the rear of 3 Crabtree 4 Crabtree Close Wirksworth Derbyshire DE4 Complaint Unfounded 21/06/2016 Close Wirksworth 4AP

ENF/16/00088 Alleged unauthorised extension to an existing building. Ecclesbourne Valley Railway Wirksworth Station Complaint Unfounded 31/10/2016 Station Road Wirksworth Derbyshire DE4 4FB

Total Closed Cases 28

Page 3 of 3 151 NOT CONFIDENTIAL - For public release

PLANNING COMMITTEE – 15th November 2016

PLANNING APPEAL – PROGRESS REPORT

Report of the Corporate Director

REFERENCE SITE/DESCRIPTION TYPE DECISION/COMMENT

Southern

North of Viaton Industries Ltd, 14/00224/FUL PI Appeal being processed Manystones Lane, Brassington

The Barn, Somersal House, 15/00062/VCOND WR Appeal being processed Somersal Herbert Aragorn Cabin, Mercaston Lane, 15/00326/CLEUD WR Appeal being processed Mercaston Land located at Aragorn Cabin, ENF/15/00097 WR Appeal being processed Mercaston Lane, Mercaston Appeal dismissed – copy Brailsford House, Main Road, 15/00617/FUL WR of appeal decision Brailsford attached

16/00095/OUT Babbs Lane, Doveridge PI Appeal being processed

16/00206/FUL Orchard View, Yeldersley WR Appeal being processed

16/00467/FUL The Pigsty, Green Lane, Norbury WR Appeal being processed

Ley Hill House, Brocksford, 16/00066/FUL WR Appeal being processed Doveridge The Cedars, Main Street, 16/00178/PDA WR Appeal being processed Hollington The Barn, Somersal Lane, 16/00387/FUL WR Appeal being processed Marston Montgomery

16/00268/FUL 17 Belle Vue Road, Ashbourne WR Appeal being processed

Land between Flakes Barn and Appeal being processed 16/00088/OUT The Cemetery, West End, WR Brassington Central

152 Land at The Gate Inn, The Knoll, Appeal allowed – copy of ENF/15/00088 Tansley, Matlock and Gate Inn, WR appeal decision attached The Knoll, Tansley Land adjacent 11, Little Bolehill, 15/00429/FUL WR Appeal being processed Bolehill

Mor Farm, Foxholes Lane, 15/00863/OUT WR Appeal being processed Tansley Appeal dismissed – copy Former Neil Thompson Nurseries, 16/00005/OUT WR of appeal decision Nottingham Road, Tansley attached

Appeal allowed – copy of 16/00199/VCOND 10 Imperial Road, Matlock WR appeal decision attached

The Sycamores, 2 Wishingstone T/16/00086/TPO WR Appeal being processed Way, Matlock

2, 4 and 6 North Parade, Matlock ENF/16/00041 WR Appeal being processed Bath

WR - Written Representations IH - Informal Hearing PI – Public Inquiry LI - Local Inquiry HH - Householder

OFFICER RECOMMENDATION:

That the report be noted.

153 Appeal Decision Site visit made on 19 September 2016 by Anne Jordan BA (Hons) MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government

Decision date: 12 October 2016

Appeal Ref: APP/P1045/W/16/3148727 Brailsford House, Main House, Brailsford, Derbyshire, DE6 3DA  The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission.  The appeal is made by Mr E, Mrs E and Miss A Beadsmoore against the decision of Derbyshire Dales District Council.  The application Ref 15/00617/FUL, dated 20 August 2015, was refused by notice dated 29 October 2015.  The development proposed is a house and garage.

Decision

1. The appeal is dismissed.

Procedural Matter

2. The Council have referred to the alteration of the curtilage listed gateway. The appeal is made only on the basis of the submitted planning application and not in relation to any application for listed building consent.

Main Issue

3. The main issue for the appeal is the effect of the proposal on the setting of the Grade II Listed Buildings, Brailsford House and The Old Coach House.

Reasons

4. The site lies within the curtilage of Brailsford House, a Grade II listed building, and to the rear of a further listed building, The Old Coach House. Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that in considering whether to grant planning permission for development which affects a listed building or its setting, the decision maker shall 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.

5. The appeal site lies within a ribbon of residential development which stretches from the centre of the village into open countryside. Properties vary in age and style and in how they address the road. In front of the appeal site, but set back from the road, sits Brailsford House. It is a 2 storey brick building which has been painted white, and which has a plain tile hipped roof. I am told that the adjacent Old Coach House is contemporaneous with Brailsford House and has since been extended. It is immediately adjoined by Brailsford Cottage which is a later addition to the listed Coach House and both are also

154 Appeal Decision APP/P1045/W/16/3148727

painted white with tiled roofs. The Coach House has more ornamentation then Brailsford House, with some stone banding and arched windows. Nevertheless, Brailsford House appears as a larger and historically more “important” building that the associated Coach House. Both listed buildings sit within well established gardens and although they appear to have been much altered from their original form, they nonetheless form a cohesive group and are listed for their group value. The close juxtaposition of the dwellings, their similar appearance, and their established gardens contributes much to their attractiveness. The significance of the assets lies in their relationship with each other, and in the contribution that the group makes to the character of the area and the wider streetscene.

6. The appeal site comprises an area of lawn which sits at a higher level than the dwellings and is enclosed by mature hedging and trees. It would be accessed via the existing access between the two dwellings, which would be widened at the road entrance. The site originally formed part of a much larger plot, which provided an extended curtilage to Brailsford House, but now has the appearance of a large domestic garden.

7. The proposed dwelling would be of considerable size. Although the level of the site would be lowered by around a metre, it would nonetheless appear as a large dwelling which would visually compete with Brailsford House in views into the site. I note that the proposal takes some architectural references from the adjoining buildings. Nevertheless, due to the proportions of the dwelling and its large detached garage, and its position on the site, it would introduce a suburban form of development within the setting of the listed assets, which would erode the hierarchical character of the cluster. This effect would be compounded by the extension and intensification in use of the existing access, which would also have a further slight erosive effect on the relationship between the existing listed assets. As the 2 buildings are listed due to their group value, of which the relationship between the assets is an intrinsic part, the proposal would fail to preserve their setting by diminishing a key aspect of how they are enjoyed.

8. I am also mindful that although the existing garden no longer reflects the historic setting of the assets, it provides openness in which the buildings can be appreciated, and contributes to the attractive spacious character of the building’s setting. The amount of built form proposed would have a harmful erosive effect on the qualities of the space in which the buildings are viewed, reducing their attractiveness in public views from Main Road. As the proposal would diminish the contribution the assets make to the streetscene, it would also fail to preserve their setting.

9. The Council have raised concerns in relation to the repositioning of the existing gate piers, which I am told are curtilage listed. I noted on site that these appeared to be of relatively recent construction and so I do not consider that their removal would lead to a loss of historic fabric. The widening of the access would open up the existing frontage to a small degree. I am satisfied that this would not be detrimental to the appearance of the frontage, or cause any significant alteration to the setting of the heritage assets. As the works would allow better views of the listed buildings from the Main Road, this would have a small positive effect on the listed assets.

155 Appeal Decision APP/P1045/W/16/3148727

10. I take into account the Council’s concerns that the proposal would lead to a loss of trees along the rear boundary. Due to the extent of excavation close to the multi-stemmed sycamore I consider it is likely that the proposal would lead to the loss of the tree. However, the tree is not subject to any protective designations, and whilst it contributes to the established rural backdrop of the site, it could be removed at any time. It also forms only a very small part of the setting of the listed buildings. This diminishes the weight I can attribute to its retention in this case.

11. Taken together the proposal would have a negative and harmful effect on the setting of the identified listed buildings. The National Planning Policy Framework (the Framework) advises that the significance of a heritage asset can be harmed as a result of development within its setting. I therefore conclude that the harm identified to the setting of Brailsford House and The Old Coach House would also harm the significance of the heritage asset. The proposal would not preserve the special interest or setting of Brailsford House and the Old Coach House, and would conflict with guidance within the Framework which seeks to conserve heritage assets in a manner appropriate to their significance. The harm identified would amount to “less than substantial harm” which the Framework advises must be weighed against the public benefits of the scheme.

12. The proposal would provide a single dwelling which I am advised is in a sustainable location, and which would be constructed to high environmental standards in a manner which would deter crime. The Council is currently unable to demonstrate a five year housing land supply. It follows that the provision of an additional dwelling must carry substantial weight. Nevertheless, heritage assets are an irreplaceable resource and the Framework is also clear that in considering the impact of development on the significance of heritage assets, great weight should be given to the asset’s conservation. Consequently I conclude that the small contribution the proposal would make to housing supply would be insufficient to outweigh the harm the proposal would cause to the setting of the listed building, and its significance as a heritage asset.

13. I therefore conclude the proposal would fail to comply with national policy outlined in the Framework and with policy NBE16 of the adopted Derbyshire Dales Local Plan which has similar aims. I also find that of the other policies put forward by the Council the proposal would conflict with policies SF1(c), SF5 and H1 which together seek to ensure that new residential development respects the character and appearance of the settlement and respects local distinctiveness.

Conclusion

14. The proposal fails to preserve the setting of Brailsford House and The Old Coach House, which are Grade II Listed Buildings. The stated benefits of the proposal would not outweigh this harm. Therefore having regard to all matters raised, the appeal is dismissed. Anne Jordan

INSPECTOR

156 Appeal Decision Site visit made on 26 September 2016 by A U Ghafoor BSc (Hons) MA MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 24 October 2016

Appeal Ref: APP/P1045/C/16/3144864 The Gate Inn, The Knoll, Tansley DE4 5FN  The appeal is made under section 174 of the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991.  The appeal is made by Mr James Neville against an enforcement notice issued by Derbyshire Dales District Council.  The enforcement notice, numbered PLS/AJ/JP/030.11, was issued on 13 January 2016.  The breach of planning control as alleged in the notice is without planning permission, the construction of play equipment.  The requirements of the notice are to: (1) Permanently remove the play equipment in its entirety from the land; (2) Carefully remove the current surface treatment by hand; (3) Employ a specialist contractor to aerate the soil to a depth of 200 mm introducing organic matter, fertiliser and mycorrhizae fungi using an air spade or terravent machine, and (4) Reinstate the land in accordance with the details of planning permission 15/00453/FUL which is currently being implemented on site and the conditions attached thereto.  The period for compliance with the requirements is 56 days with steps (1), (2) and (3), and four months with step (4).  The appeal is proceeding on the grounds set out in section 174(2) (a) of the Town and Country Planning Act 1990 as amended.

Decision

1. The appeal is allowed, the enforcement notice is quashed and planning permission is granted on the application deemed to have been made under section 177(5) of the 1990 Act as amended for the development already carried out, namely the construction of play equipment on land at The Gate Inn, The Knoll, Tansley DE4 5FN referred to in the notice.

Reasons

2. The main issue is the effect of the development upon the health and well- being of a tree, which is subject to tree preservation order number 114 – tree adjacent to The Gate Inn, Tansley (TPO)1.

3. The site is a Public House with garden and car park. It is situated within a mainly residential area at the edge of settlement. The children’s play equipment is about 2 m in overall height and comprises a climbing frame and slide. It is positioned within an enclosed area beneath the canopy of a protected ash tree.

1 The TPO was issued 14 July 1995.

157 Appeal Decision APP/P1045/C/16/3144864

4. The Council does not object to the siting of the play equipment in the root zone. It claims that the location of the apparatus would cause pressure to either fell or drastically prune the tree. The concern is that shed foliage, especially falling branches and deposits, would give rise to safety concern. For the following reasons I profoundly disagree with this planning assessment.

5. Firstly, due to the height of the children’s play equipment, there is sufficient distance and clearance of the tree’s lower branches. The design of the apparatus does not significantly protrude into the canopy. Secondly, the tree appeared to be in good health and vigour; there were no obvious signs of decay. In my experience, good arboricultural management can be encouraged particularly when determining an application for consent to carry out work. If an application is made for pruning or felling, the Council will have an opportunity to assess any potential impact on public amenity and consider reasons for the proposed work.

6. Thirdly, there is no suggestion that the tree is structurally unsafe. No tree is free from falling branches or leaves and the owner is responsible for maintaining the protected tree. Removal of dead branches or clearance of leaves would reduce risk from slippery surfaces. There is no statutory requirement setting out how often or to what standard the tree needs to be maintained.

7. I therefore find that the siting of the children’s play equipment is unlikely to have a direct or indirect adverse impact upon the tree. Accordingly, the development would comply with the main aims and objectives of policy NBE6 of the Derbyshire Dales Local Plan 2005, which is saved by Direction of the Secretary of State, and is broadly consistent with policies found in section 11, conserving and enhancing the natural environment, to the National Planning Policy Framework.

8. The Council has not suggested any conditions for my consideration. In the light of national guidance, it is unnecessary to impose stipulations. This is because the development is acceptable in planning terms.

Conclusion

9. For all of the above reasons, I find that the development is unlikely to have a harmful effect upon the health and well-being of the tree.

10. Having regard to all other matters, my conclusion is that the appeal should succeed on ground (a) and planning permission is granted as set out in my Decision above. A U Ghafoor

Inspector

158 Appeal Decision Site visit made on 30 August 2016 by D M Young BSc (Hons) MA MRTPI MIHE an Inspector appointed by the Secretary of State for Communities and Local Government

Decision date: 30 September 2016

Appeal Ref: APP/P1045/W/16/3152291 Former Neil Thompson Nurseries, Nottingham Road, Tansley, Matlock DE4 5FR.  The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission.  The appeal is made by Mrs S Wood against the decision of Derbyshire Dales District Council.  The application Ref 16/00005/OUT, dated 5 January 2016, was refused by notice dated 13 April 2016.  The development proposed is a residential development comprising 10 houses.

Decision

1. The appeal is dismissed.

Procedural Matters

2. The planning application was submitted in outline, with only access to be determined at this stage. I have dealt with the appeal on that basis, treating the site plan as illustrative.

3. I have taken the site address from the Appeal Form as this is more precise than the version provided on the Application Form.

4. There is no dispute between the parties that the Council cannot demonstrate a 5 year supply of housing. In such situations paragraphs 47 and 49 of the “National Planning Policy Framework” (the Framework) states that the relevant policies for the supply of housing should not be considered up to date and that permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits.

Main Issues

5. The main issues are; the effect of the development on the character and appearance of the area, highway safety, and whether the site could be adequately drained.

Reasons

Character and appearance

6. The appeal site comprises a rectangular plot of land to the south of Nottingham Road on the eastern edge of Tansley. It is located beyond the built-up section of the village and the surrounding area is characterised by a combination of

159 Appeal Decision APP/P1045/W/16/3152291

open fields affording long distance views of the countryside interspersed by sporadic development arranged in loose linear form along Nottingham Road. There are a range of house types in the immediate area including traditional stone-built cottages, a more modern bungalow and large detached residences. Whilst most dwellings address Nottingham Road there is considerable variety in their set-back from it. Nonetheless, the low-density and generous spacing between plots combined with the proximity of open countryside lend the area a semi-rural quality.

7. The site is mainly laid to grass and contains an assortment of trees. It is therefore an intrinsically open and green space. Due to the low stone wall and hedge fronting Nottingham Road, there is significant visual exposure of the site. Although there is a ribbon of residential properties on the opposite side of the road, a marked transition from village to countryside is evident at this point on the southern side of the road and the appeal site makes a significant contribution in that regard.

8. The appeal site lies some 180 metres outside the Settlement Framework Boundary defined by the “Derbyshire Dales Local Plan 2005” (the LP) and is therefore countryside where a restrictive approach to further development applies. Policies SF4 and H4 of the LP state that housing in the countryside will not be permitted unless it is in connection with agriculture or forestry and consists of affordable housing for an identified need. The appeal scheme does not fall into any of these categories and therefore it would conflict with the LP.

9. The supporting text to Policies SF4 and H4 makes it clear that their primary purpose is to preserve areas of attractive countryside. In that regard the policies are not concerned with the supply of housing. However, in seeking to control the principle of development beyond settlement boundaries, they are inconsistent with advice in paragraph 55 of the Framework. Given this inconsistency, I attach less weight to the LP and consider the more recent Framework should take precedence on this particular issue. As a result, the relevant provisions of the presumption in favour of sustainable development under paragraph 14 of the Framework are engaged, should the scheme be found to constitute sustainable development.

10. Amongst other things the Framework identifies the legitimacy of promoting or reinforcing local distinctiveness, seeks to encourage high quality design, and which establishes a core principle to recognise the intrinsic character and beauty of the countryside. It further states that the planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes. At the local level, these objectives are reflected in Policies SF5 and H9 of the LP. Accordingly, I attach considerable weight to them.

11. Whilst only illustrative, the layout plan shows how the dwellings might be arranged around a short cul-de sac. It shows an enclosed, relatively high- density physically distinct development of 10 dwellings served from the existing single point of access. The scheme includes additional planting in the strip of land directly south of Nottingham Road. I acknowledge that this in addition to the existing landscaping along the eastern site boundary would assist in softening the visual appearance of the development. However, it is inevitable that the erection of 10 dwellings, together with domestic boundary treatments would completely change the open and green character of the land.

160 Appeal Decision APP/P1045/W/16/3152291

12. The self-contained layout would contrast markedly with the open character to the south of Nottingham Road and impose an unduly urbanised built form on the landscape. It would effectively introduce a substantial and largely self- contained enclave of development which, in landscape terms, would have little resonance with the more conventional and established arrangement of dwellings along Nottingham Road.

13. Based on the foregoing, I find the scheme would introduce a harmful change in the character and appearance of the site from an open rural setting to a highly urbanised one, and one jarring in its physical form with the existing immediate pattern of built development. I therefore conclude that the proposed development would cause unacceptable harm to the character and appearance of the surrounding area. Accordingly, it would be contrary to Policies SF5 and H9 of the LP and the aims and objectives of the Framework.

Highway Safety

14. When I conducted my site visit, I noted that visibility in both directions was good, something which is supported by the Appellant’s plan which shows a 75 metre splay drawn to nearside carriageway edge. The only obstruction to visibility in the westwards direction was the bus stop flagpole and public footpath waymarker. However, these only occupied a small proportion of the overall visibility envelope. In these circumstances Section 10.7 of “Manual for Streets 2” advises that there will not be a significant impact on road safety and I see no reason to take a contrary view in this instance.

15. I have noted the Highway Authority’s concerns about land ownership. However both sightlines appear to be contained wholly within the Public Highway which is generally accepted to include verges at the back of the carriageway. The Highway Authority has not submitted any evidence, such as a plan of the public highway, to support its view that third party land is required to secure the sightlines. Even if I am wrong on the land ownership issue, there is an agreement with the adjacent landowner to maintain visibility and the erection of any new structures, which might obstruct visibility, would be outside of the scope of the GPDO and require planning permission. So irrespective of the extent of the red-line boundary, it is inconceivable that visibility to the left would be obstructed at some future point. Accordingly, I consider that visibility from the site access would be within acceptable limits.

16. In terms of pedestrian safety, there is a small section of footway to the left of the site access which accommodates the west-bound bus stop as well as an informal crossing point which in turn provides access to the east-bound bus stop and footway which continues uninterrupted into the village centre. The crossing is fitted with dropped kerbs and tactile paving and appears to have been installed relatively recently. There is good visibility in both directions and the street lighting extends past this point. Therefore given the scale of the development and the limited numbers of journeys on foot likely to be generated, I have no reason to consider that pedestrians would be put at unacceptable risk. Accordingly there would be no conflict with Policy TR1 of the LP or advice in the Framework both of which promote safe access to the road network.

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Drainage

17. I concur with the Appellant that the Council’s third reason for refusal is unreasonable. Given the Appellant’s considerable land holding in the area there is little doubt that the appropriate infrastructure could be provided in a satisfactory manner. Given the application was made in outline, I agree that these matters could be dealt with by a suitable planning condition in the event I am minded to allow the appeal.

Overall Conclusions and Planning Balance

18. The scheme would undoubtedly provide considerable benefits in terms of fulfilling the social dimensions of sustainable development through a contribution towards the Council’s housing stock. Given the Council’s acknowledged housing land supply position and the aims of the Framework to significantly boost the supply of housing, I attach considerable weight to this benefit.

19. The development would also support the economic role through the purchase of materials and services in connection with the construction of the dwellings, an increase in local household expenditure as well as revenues to the Council from the New Homes Bonus.

20. In environmental terms, the scheme would incur loss of a field in the countryside. It would impose a considerable extent of discordant built development upon open countryside contrary to the Framework’s aspirations for planning to recognise the intrinsic character and beauty of the countryside, and to promote local distinctiveness and high quality design.

21. Taking all these considerations in the round, the development would deliver considerable benefits consistent with the Framework. Of particular weight would be 10 new homes in a District which is unable to demonstrate a five-year housing land supply. Nevertheless, either on their own or in combination, these considerations do not outweigh the significant environmental harm I have identified to the character and appearance of the area arising from the scale and form of development. On balance, I therefore find that the adverse impacts of the proposal would significantly and demonstrably out-weigh the benefits such that the scheme would not constitute sustainable development for which there is a presumption in favour.

22. For the reasons given above and taking into account all other matters raised, I conclude that the appeal should be dismissed.

D. M. Young Inspector

162 Appeal Decision Site visit made on 10 October 2016 by Martin Whitehead LLB BSc(Hons) CEng MICE an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 20 October 2016

Appeal Ref: APP/P1045/W/16/3154569 10 Imperial Road, Matlock, Derbyshire DE4 3NL  The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 for the development of land without complying with conditions subject to which a previous planning permission was granted.  The appeal is made by Granwood Holdings Ltd against the decision of Derbyshire Dales District Council.  The application Ref 16/00199/VCOND, dated 16 March 2016, was refused by notice dated 19 May 2016.  The application sought planning permission for a change of use of dwelling to office and erection of a garage without complying with conditions attached to planning permission granted on appeal Ref APP/P1045/W/14/3001748, dated 27 April 2015.  The conditions in dispute are Nos 4 and 5 which state that: 4) ‘No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority. These details shall include hard surfacing materials, surface water drainage, indications of all existing trees and hedgerows on the land or overhanging the site, and details of any to be retained, together with measures for their protection in the course of development. These works shall be carried out as approved and in accordance with the programme agreed with the local planning authority and shall be retained thereafter.’ 5) ‘All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written approval to any variation.’  The reason given for the conditions is that they are ‘necessary to enhance the character and appearance of the area’.

Decision

1. The appeal is allowed and planning permission is granted for a change of use of dwelling to office and erection of a garage at 10 Imperial Road, Matlock, Derbyshire DE4 3NL in accordance with the application Ref 16/00199/VCOND, dated 16 March 2016, without compliance with condition numbers 4 and 5 previously imposed on planning permission granted on appeal Ref APP/P1045/W/14/3001748, dated 27 April 2015, but subject to the other conditions imposed therein, so far as the same are still subsisting and capable of taking effect, and subject to the following new condition:

163 Appeal Decision APP/P1045/W/16/3154569

1) Those trees or plants that have been retained or have been planted as part of the landscape works which within a period of 5 years from the date of this decision die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written approval to any variation.

Main Issues

2. The main issues are whether conditions 4 and 5 are reasonable and necessary to enhance the character and appearance of the area and protect highway safety.

Reasons

3. The planning permission has been implemented and a black asphalt hardstanding area has been provided at the front and side of the building, which was formerly a detached dwelling. It appears to me that the appellant D has submitted Drawing No N6227-05 , which shows drainage and landscaping details that have not been carried out, in order to avoid a Breach of Condition Notice but does not consider that these works are necessary. Therefore, I have determined this appeal on the basis of whether the landscaping and drainage works that have already been completed would make conditions 4 and 5 unnecessary.

Character and Appearance

4. Although the appeal site is adjacent to residential properties along Imperial Road to the north west, opposite is an entrance to a roof top car park above a supermarket and to the south east is a doctors’ surgery. This gives the surrounding area a mixed commercial and residential character and appearance.

5. The appeal property has retained a mature stone wall and some of the planting along its front boundary and a stone post has been provided on the opposite side of the wide entrance to the property. Whilst I observed at my site visit that there are clear views of the open hardstanding area from immediately in front of the entrance, the front boundary wall and fence and planting along the boundary with the surgery obscure views of this area when travelling along Imperial Road. Therefore, the paving has a limited impact on the street scene. Furthermore, I observed that trees/shrubs have been planted at various intervals along the stone strip inside the boundary fence with the surgery. When fully established, this new planting would help to break up the expanse of paving and provide additional screening when looking from the entrance.

6. Although Drawing No N6227-05D shows an area of planting adjacent to the entrance post on the boundary with the surgery, it would be too small an area to make any significant difference to the planting that has already been provided. Any material increase in this area of planting along that boundary has been shown by the appellant in Drawing No N6227-100 to be an obstacle to vehicles manoeuvring which could prevent them from entering and leave in forward gear. As such, this planting would potentially be a highway safety hazard. Therefore, given the constraints of the site as a result of the provision of safe and adequate parking and access, I am satisfied that the landscaping

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that has been provided would be sufficient, when fully established, to prevent any adverse effect on the character and appearance of the area.

Highway Safety

7. With regard to drainage, Drawing No N6227-05D shows a cut off drain across the entrance. However, the paved area has a relatively steep gradient on it towards the south east of the site where there is a stone strip which should take much of the surface water before it reaches the highway. Furthermore, Imperial Road has a relatively steep gradient which should prevent any pooling of water. Therefore, I am not convinced by the Council’s arguments that the appeal site requires further drainage to prevent any highway safety problems from occurring due to water runoff.

Other Matters

8. In terms of Condition 6, which the previous appeal Inspector has indicated is necessary for highway safety reasons, the Council has accepted that the demarcation of the parking bays on the site could detract from the hardstanding area and draw more attention to the office use. However, I have been given insufficient evidence to show that this is unnecessary, given that the condition has not been the subject of this appeal application. Also, Drawing No N6227-03C, which forms part of the previous approval, shows that a disabled parking space would be delineated and it seems to me that to secure and retain such a space would be necessary for equality reasons. Furthermore, the condition is necessary to ensure that the space provided for parking and manoeuvring would be retained for these purposes in the interests of highway safety.

Conclusions

9. I have found that the development does not have a harmful effect on the character and appearance of the surrounding area or on highway safety. Therefore, conditions 4 and 5 are neither reasonable nor necessary to enhance the character and appearance of the area or to ensure that the development complies with Derbyshire Dales Local Plan, 2005, policies SF1, SF5, EDT5, EDT6 and NBE26, regarding character and appearance, and TR1, regarding highway safety. However, a new condition to ensure that the retained planting and the new planting that has been provided would be adequately maintained is necessary to safeguard the character and appearance of the area. As such, the development would comply with the National Planning Policy Framework and the development plan as a whole.

10. Therefore, for the reasons given above and having regard to all relevant matters raised, I conclude that the appeal should succeed. I will grant a new planning permission without the disputed conditions but substituting another condition and retaining the relevant other conditions from the previous permission. M J Whitehead

INSPECTOR

165 BACKGROUND PAPERS

The following documents have been identified in accordance with the provisions of Section 100(d) (5) (a) of the Local Government Act 1972 and are listed for inspection by members of the public.

Background papers used in compiling reports to this Agenda consist of:

• The individual planning application, (including any supplementary information supplied by or on behalf of the applicant) and representations received from persons or bodies consulted upon the application by the Local Planning Authority and from members of the public and interested bodies by the time of preparation of the Agenda. • The Town and Country Planning Act 1990 (as amended), the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended) and related Acts, Orders and Regulation and Circulars published by or on behalf of the Secretary of State for the Department for Communities and Local Government. • The National Planning Policy Framework • The Planning Practice Guidance

These documents are available for inspection and will remain available for a period of up to 4 years from the date of the meeting, during normal office hours. Requests to see them should be made to our Business Support Unit on 01629 761336 and arrangements will be made to comply with the request as soon as practicable.

BACK TO AGENDA

166 Issued 04 April 2016