41-home residential development at Land South And East Of 14 To 16 Dark Lane, Calow

What was proposed

The application sought 41 homes with landscaping, infrastructure, access arrangements and associated works.

“The Committee considered an application for full planning application for residential development comprising the erection of 41 dwellings, together with landscaping, infrastructure, access arrangements and associated works (Major Development) (Departure from Development Plan) (Affecting a Public Right of Way)(Amended Plans) at Land South And East Of 14 To 16 Dark Lane, Calow.”

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What officers recommended

Officers recommended approval because the benefits of housing, biodiversity, open space and economic activity outweighed the identified harms.

“The report further highlighted the significant benefits of the scheme, including the delivery of market and affordable housing in a sustainable location, a contribution towards the District's housing supply, biodiversity net gain, public open space and green infrastructure, economic benefits, and the likelihood of early delivery with the applicant having indicated a willingness to accept a shortened commencement period.”

“Having balanced the harms against the benefits, Officers concluded that the adverse impacts would not significantly and demonstrably outweigh the benefits and that the proposal represented sustainable development and was therefore recommended for approval subject to a legal agreement and conditions.”

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Concerns raised by members

Members questioned affordable housing locations, contributions, refuse arrangements and whether the proposed public open space would remain protected.

“7 Committee discussed the application, Members raised concerns regarding the location of the affordable housing provision and also queried the proposed Section 106 contributions and sought confirmation that, should an agreement not be reached with the applicant, the matter would be referred back to the Committee. Officers confirmed that if the Section 106 Agreement could not be agreed, the application would be returned to Members for further consideration.”

“Members were pleased with the amount of Public Open Space but expressed concern that the developer may seek to build on the proposed public open space in the future. Officers advised that the area would be protected through Biodiversity Net Gain (BNG) requirements for a period of 30 years and that the fact that the land would be included within a legal agreement as an area of public open space would be material considerations in assessing any future planning application for…”

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Who spoke

The committee heard from the applicant before considering the application.

The committee’s discussion

Officers said amendments had addressed some concerns and that unresolved matters would return to the committee if the agreement position changed.

“Members also raised concerns regarding the proposed refuse collection and storage arrangements. In response, the Assistant Director of Planning advised that officers had raised issues with the developers during the assessment process and achieved some amendments, but that the report was an honest reflection that not all requests had been met by the application.”

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The vote

A motion to grant planning permission in line with the officer recommendation was approved.

“At the conclusion of the discussion Councillor K Rouse and Councillor D Cheetham moved and seconded a Motion to grant the application, in line with officer recommendation. The Motion was put to a vote and approved.”

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The decision

Planning permission was conditionally approved, subject to a legal agreement, stated conditions and informatives.

“That planning permission be conditionally approved subject to the legal agreement to secure the contributions and the conditions and informatives set out in the report and late reps, with the final wording of the conditions delegated to the Planning Manager (Development Manager).”

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