Agenda item

Hybrid planning application comprising of a full application for the erection of 5 no. dwellinghouses and an outline planning application for the erection of 12 no. dwellinghouses with approval being sought for access, layout, scale and landscaping at Land Off Thatchers Croft, Thatchers Lane, Tansley.

The Senior Planning Officer gave a presentation showing details of the application and photographs of the site and surroundings. Members were advised that as a requirement of the Section 106 Agreement (required with the granting of planning permission), a financial contribution towards affordable housing would be required to off-site provision amounting to the equivalent of 1.1 dwelling. Members were also informed of the additional conditions requested by the Lead Local Flood Authority and with respect to tree protection.

 

In accordance with the procedure for public participation, Mr Richard Pigott (Agent) spoke in support of the application. Cllrs Vicki Raynes and Ian Strange (Tansley Parish Council), Mr Stephen Walton (Local Resident), Mr Richard Walsh (Local Resident), Ms Alayne Howard (Local Resident), Ms Samantha Wood (Local Resident) and Mr Geoffrey Prentice (Local Residents) spoke against the application. Cllr Paul Cruise (Ward Member) commented on the application on behalf of the local residents.

 

There followed a short adjournment at 7:53pm, returning at 8:02pm

 

Consultation responses were set out in section 5 of the report and supplementary late representations received after the Agenda publication.

 

Following publication of the agenda:

 

One letter of representation submitted to Sarah Dines MP and Local Ward Members has been received objecting to the proposals which is summarised as follows:

 

DCC Highways as a Statutory Consultee they recommend refusal. Derbyshire Fire and Rescues response says it expects New Builds to comply with B5 Approved Doc B Vol 1 Dwellings and access, a fire engine should not have to reverse more than 20mtrs – question whether there is enough space for a fire engine to turn and, if it cannot turn, then there is more than 20 mtrs of new road, from the turning area to the junction with Thatchers Croft - therefore question if there is compliance

Why do planners think they can ignore this advice, compliance is required with Fire Service access, it is not advisor

Likewise DCC engineers obviously have expert knowledge related to highway safety, why would our planners consider they are able to ignore this advice?

also note that the required 106 contributions which have been requested by DCC for Education have been significantly reduced by the planning department,  and off site contributions to Play Equipment are required - surely Planners have seen the sorry state of the existing play area, where there is no rubber surface matting to ensure children's safety - surely any monies for play areas should be used to make safe this on site facility

there is no assessment related to the Bentley Brook catchment and the fact this site sits above the Bentley Brook tributary and  is to have SUDS - there is no indication of management of the SUD's

DDDC know DCC do not adopt SUDS

there is no indication of the tenure of the new streets, how are they to be maintained or managed - sure we would all like to know , bearing in mind the access road Thatchers Croft is not financially secure and conditions related to street lighting and access road were never enforced by our Local Authority appears to be rather too many unanswered questions related to this site, for it to be going to a planning meeting in June.

 

Two letters of representation submitted have been received objecting to the proposals which are summarised as follows:

 

access road turning head does not appear to be able to accommodate HGV or emergency services vehicles without reversing to egress the site in a forward gear contrary to Derbyshire Fire and Rescues expectation that new development complies with B5 Approved Doc B Vol 1 Dwellings

does not appear to be an indication of the tenure of the internal streets or any written confirmation related to any legal agreements the developer intends to enter into to ensure future residents have security of tenure and future maintenance

developer has had 10 years in which to financially secure the roads and to date this has not happened and DDDC have not enforced previous conditions in the interim

on page 18 of the Storm Drainage Strategy the plan clearly shows there are five properties with four entrance points opening out onto Thatchers Lane, three of them being primary entrances - there is no other access to these properties other than Thatchers Lane

is this a genuine oversight or are the DDDC ignoring local resident concerns and dismissing experts such as the Highways Agency who have made it completely clear in their instruction that no dwelling access should be granted from Thatchers Lane

anyone who is a resident in the village knows the lane, knows how difficult it is if two cars meet on the lane, has seen refuse lorries unable to access the full length of the lane and knows the lane is used as a safer pedestrian route as the pavement on the A615 is too narrow for a parent and their children

extremely concerned that this Strategy has been accepted for consideration by the DDDC when the development plans have not been approved and still shows four entrances to and from Thatchers Lane - has resident and Local Highway Authority feedback been dismissed?

if yes, please provide a full explanation and justification as to why this should be the case

if no, please explain why this has not been fed back to the Developer with the request to resubmit plans based on no entrances/driveways opening out onto Thatchers Lane

clearly this has not happened as the Drainage Strategy still refers to the development plans Ref: 20/00037/FUL

urge DDDC Planning to uphold the original Highways Agency and DDDC consultation reply and legal agreement that no dwelling access should be granted to and from Thatchers Lane

appears developer needs to go back to the drawing board and to ensure plans conform with recommendations of DCC highways

surprising that DDDC planners have advised that the narrow lane is unsuitable for more access points

should this development go forward for Officers recommendation, would seriously question the integrity of the decision

Applicant has “Arboricultural assessments by our Consultants and DDDC accept that the tree does not require a tree protection area on the development site in its current form.”

in his statement below, and circulated via Tansley Hotwire, applicant states that:

 

Arboricultural assessments by our Consultants and DDDC accept that the tree does not require a tree protection area on the development site in its current form.

as the owner of the TPO ash in question, would appreciate your clarification as to

 

DDDC accept that the tree does not require a tree protection area on the development site in its current form”

 

do not believe it to be DDDC’s position as the Case Officers Report to Planning Committee appears to support tree protection to BS5837 standard.

 

Response

the response of the Local Highway Authority has been considered in the Officer’s report with respect to vehicular access onto Thatchers Lane

the access will enable fire engines to drive up the road and have the ability to reverse back or vice versa

the education contribution is based on that of the previous, and extant, outline planning permission as set out in the Officer’s report

monies with respect to play space upgrade are being required through a Section 106 Agreement

the land drainage has been assessed by the Lead Local Flood Authority and will need to be compliant with Building Regulations

the tenure of the new streets will need to be determined by the Local Highway Authority and the developer

a condition will need to be added as follows with respect to tree protection:

 

Prior to the development commencing, a detailed plan of all trees to be retained shall be submitted to and approved in writing by the Local Planning Authority.  Thereafter, and prior to any further materials or machinery being brought onto the site, a 2 metre high fence of Weldmesh, securely attached to scaffolding poles, inserted into the ground shall be erected in a continuous length, one metre beyond the crown spread of the trees to be retained (or such other fencing and positioning as may be agreed in writing with the Local Planning Authority). The fencing must remain throughout the period of construction and no materials or equipment shall be stored, no rubbish dumped, no fires lit or any excavation or changes in level take place within the fenced area.

Reason:

To protect trees during the construction period and in the interests of visual amenity in accordance with policies S1, S3, PD1, PD3, PD5 and PD6 of the Adopted Derbyshire Dales Local Plan (2017).

 

Further comments from the Lead Local Flood Authority:

 

since the response to the consultation dated 31 May 2022, which included conditions, have received information from Chair of Tansley Parish Council suggesting that there is a sough/culvert crossing the west of site, potentially underneath proposed house/access locations

request further conditions be attached as follows:

No development shall take place until the location and depth of the existing culvert within and adjacent to the site have been established and measures to protect it during construction have been submitted to and approved by the Local Planning Authority. If the culvert is within 3m of a proposed dwelling, measures to protect the structure of the culvert shall be submitted to and approved in writing by the Local Planning Authority

 

Reason:

To ensure that the culvert is located prior to construction and can be protected during construction to comply with Policy PD8 of the Adopted Derbyshire Dales local Plan (2017).

 

No development shall take place until a management and maintenance plan for the section of the existing culvert within the site, including how access to the culvert will be ensured, has been submitted to and approved in writing by the Local Planning Authority to comply with Policy PD8 of the Adopted Derbyshire Dales local Plan (2017).

 

Reason:

To ensure that the culvert is maintained in perpetuity and does not pose a flood risk to new or existing properties to comply with Policy PD8 of the Adopted Derbyshire Dales local Plan (2017).

 

Response

 

With regard to the sough/culvert, the applicant has advised that this is small in size (approximately 350mm x 350mm) and carries a low volume of water.  The culvert crosses through the site between the Thoresby garden and the field, along the boundary detailed on a plan which has been submitted.  The applicant advises that the dwellings have been located to avoid any need to alter the culvert and the applicant believes the development will have no detriment on it. 

 

The applicant advises that any culverts damaged during construction works will be easily repairable and that they have the skills, plant and equipment to undertake such.  It is advised by the applicant that culverts are often found unexpectedly during development works but he is fully aware of the position of this culvert and will be able to avoid breaking into it with services, etc.,

 

The culvert is advised to be located 3.25m from proposed house A1 and 4.2m from house F1.  The applicant advises he has spoken to DCC (13^th June 2022 post the Planning Committee site visit) and has been advised the following:

no legal agreement is required

a common sense approach is required

there is no risk from the culvert with no history of blockage

the culvert is not an issue for development to take place.

 

It is the Officers’ view that the applicant will wish to avoid damage to the sough/culvert and that the layout does not require building over it, save for the access, but drains are often provided under roads.  Officers recommend the additional conditions requested by the Lead Local Flood Authority be attached to any grant of planning permission.

 

Additional Information submitted by the applicant with regards to a response made to him previously by the Local Highway Authority as follows:

the pedestrian access onto Thatchers Lane remains unacceptable to the Highway Authority

consider that Thatchers Lane with its narrow width and no footways or street lighting is unsuitable to serve an increase in use of pedestrian movements and therefore do not consider it should be encouraged by providing a pedestrian link.

clarification still needs to be provided as to how the proposal will be served on refuse collection days?  As the refuse vehicle cannot enter the proposed cul-de-sac due to the lack of turning, it is likely that refuse bins will be collected from the existing cul-de-sac and therefore a bin storage area will need to be provided at the point the refuse vehicle will collect from.

it still needs to be demonstrated that service vehicles like supermarket delivery vans can manoeuvre within the site.

in view that the Highway Authority did not raise any objections to 16/00913OUT for five dwellings to be served from Thatcher Lane I consider it will be difficult to sustain an objection to the principle of the proposed 3 dwellings from Thatchers Lane, however, in line with the previous application the access points will need to be provided with 2.4m x 43m visibility sightlines along Thatchers Lane.  Without suitable visibility sightline the Highway Authority will not look favourable on these access points.

it should also be confirmed that all parking spaces are a minimum size of 5.5m x 2.5m with an additional 0.5m if the space is bounded by a solid boundary.

The applicant advises the following in response to the above and other concerns raised:

 

DCC advised "happy to accept 2.4m x 17m visibility splay ......... but parking bays will obstruct the visibility sightlines. 

have revised the drawings to address this concern and submitted to Gemma Statham and copied to DDDC on 12/10/20.  The required visibility will be provided.

 

DCC advised "Turning head not sufficient size for refuse vehicles" and "swept drawings are still required". 

Swept Drawings and demonstration of adequate sized turning heads provided on 12/10/22 to DCC and copied to DDDC.  DCC confirmed acceptable but recommended that consideration be given to bin storage nearer the turning head on collection day. 

 

DCC - maintain that Thatchers Lane is not suitable to serve the proposed dwellings and would not wish to see a pedestrian link..... and would not want to encourage pedestrian use" Also notes, "outline consent conditioned no access off Thatchers Lane"

after discussions, DCC confirmed on 16/12/20 by email that, "in view the Highway Authority did not raise objections to 16/00913/OUT for five dwellings to be served off Thatchers Lane, it will be difficult to sustain an objection to the principle of the proposed 3 dwellings from Thatchers Lane." DCC maintain objection to the pedestrian link without the introduction of footways and street lighting.  Have discussed the introduction of footways/street lights or the removal of the pedestrian link with Jon Bradbury and Gareth Griffiths and it was deemed that the pedestrian link should be retained and that the grass verges were adequate for pedestrian safety along with the numerous other hard surfaced areas on Thatchers Lane where pedestrians can safely stand whilst cars pass. 

 

The applicant advises that a design and drawing has been produced by DCC specifying two street lights on Thatchers Croft (one outside no. 4 and one near the play area).  It is advised that these will be installed before the occupation of any of the 17 dwellings proposed and that this would be acceptable by the applicant as a condition of any planning permission.

 

It is advised that, during the first phase of the Thatchers Croft development, that construction approval is in place, inspections were undertaken and that the applicant is at the stage with DCC that he can enter into a legal agreement for a Section 38 adoption. 

 

There are private roads and communal areas which require maintenance and these will be transferred into a management company for future maintenance and it may be concluded that it is better for the whole road to be within the Management Company rather than part S38 and part private.

 

The first phase of the development  has been pending adoption because of the need to connect gas, water and electric into the road area and it is not advisable to complete adoption (if this is the route taken) until these works have been completed.  There will be normal management procedures in place for the development covering both existing and yet to be constructed houses.

 

Response

 

The initial concerns of the Local Highway Authority are noted, and respected, but they have since made no objection to the accesses onto Thatchers Lane given that they raised no objection to 5 dwellings proposed to the south of the road in 2016, albeit the planning application was refused for other reasons. 

 

The applicant’s proposal is for 3 properties to access Thatchers Lane, which is less than that of the refused scheme.  Officers consider that whilst there may be some concerns, the balance lies with improving the relationship of the development to Thatchers Lane rather than the whole development turning its back to it and that, given the Local Highway Authority’s revised position, that a refusal on highway safety grounds could not be substantiated at Appeal.

 

The Local Highway Authority maintain their objection to the pedestrian access onto Thatchers Lane.  However, Officers consider that this will allow persons to access onto Thatchers Lane in an alternative manner to exiting Thatchers Croft and then turning onto Thatchers Lane and provides improved interconnectivity to the countryside.  This would also provide an alternative access for Tansley villagers to access Thatchers Lane by foot or cycling.

 

Councillor Sue Burfoot formally moved to defer the decision to get advice and clarification from DCC Highways on the access and the fuller details on the Tree preservation from the Tree Preservation Officer. This was seconded by Councillor Robert Archer and put to the vote, the voting was as follows:

 

Voting

 

5 For

7 Against

0 Abstentions

 

The Chairman declared the motion FALLEN.

 

It was then moved by Councillor Garry Purdy that planning permission be approved subject to the inclusion of an off-site contribution towards affordable housing equivalent to 1.1 units, this was seconded by Councillor Richard FitzHerbert and

 

RESOLVED

 

That planning permission be approved subject to the conditions set out in the report and the additional conditions as set out below:

 

That subject to the applicant entering into a Section 106 Legal Agreement for on-site affordable housing provision, an off-site financial contribution towards affordable housing provision based on 1.1 dwelling, open space/play area provision comprising a financial contribution of £6,500 towards offsite play provision, a payment of £22,798.02 towards education provision and payment towards affordable housing should an RSL not be identified to take up the proposed on-site affordable housing, that outline planning permission be granted for the erection of 12 no. dwellinghouses, with approval being sought for access, layout, scale and landscaping, subject to the following conditions:

 

Prior to the development commencing, a detailed plan of all trees to be retained shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to any further materials or machinery being brought onto the site, a 2 metre high fence of Weldmesh, securely attached to scaffolding poles, inserted into the ground shall be erected in a continuous length, one metre beyond the crown spread of the trees to be retained (or such other fencing and positioning as may be agreed in writing with the Local Planning Authority). The fencing must remain throughout the period of construction and no materials or equipment shall be stored, no rubbish dumped, no fires lit or any excavation or changes in level take place within the fenced area.

 

Reason:

To protect trees during the construction period and in the interests of visual amenity in accordance with policies S1, S3, PD1, PD3, PD5 and PD6 of the Adopted Derbyshire Dales Local Plan (2017).

 

No development shall take place until the location and depth of the existing culvert within and adjacent to the site have been established and measures to protect it during construction have been submitted to and approved by the Local Planning Authority. If the culvert is within 3m of a proposed dwelling, measures to protect the structure of the culvert shall be submitted to and approved in writing by the Local Planning Authority

 

Reason:

 

To ensure that the culvert is located prior to construction and can be protected during construction to comply with Policy PD8 of the Adopted Derbyshire Dales local Plan (2017).

 

No development shall take place until a management and maintenance plan for the section of the existing culvert within the site, including how access to the culvert will be ensured, has been submitted to and approved in writing by the Local Planning Authority to comply with Policy PD8 of the Adopted Derbyshire Dales local Plan (2017).

 

Reason:

To ensure that the culvert is maintained in perpetuity and does not pose a flood risk to new or existing properties to comply with Policy PD8 of the Adopted Derbyshire Dales local Plan (2017).

 

Voting

 

7 For

5 Against

0 Abstentions

 

The Chairman declared the motion CARRIED.