385-home scheme amendments at Land at SK2130 8875, South of Derby Road, Hatton, Derby

What was proposed

The application sought changes to four conditions so the construction compound could move, road access could continue, and construction controls could be updated.

“Proposal: The variation of condition 1 (approved plans) , condition 20 (Site compound) , condition 27 (construction management plan) and condition 34 (new roundabout) of permission ref. DMPA/2020/0521 to facilitate amendments to road alignments, updating of housetypes, re-planning of plot layouts and to accommodate previous approvals of details required by conditions (relating to the demolition of the existing residential property (Cherry Cottage) and agricultural barn and…”

“The request would allow for the construction compound to be located within the existing location until the start of the exit strategy begins where the compound will be relocated to Windsor Avenue. It is acknowledged that there are effects on the residents surrounding the compound at present as it has not been relocated following completion of the phase one development of the site as originally proposed.”

Officer report

Earlier permissions and progress

Earlier permissions approved the housing development and later amendments, while construction had delivered hundreds of homes and the compound remained in its existing location.

“9/2012/0132 – The construction of new flood embankments and wall and improvement works to existing flood defences – Approved with Conditions 26/06/2012”

“DMPA/2020/0521 - The variation of conditions nos. 2, 5, 8, 10, 18, 19, 20 and 45 and removal of conditions nos. 7 and 9 of permission ref. 9/2015/1108 to facilitate amendments to road alignments, updating of housetypes, re-planning of plot layouts and to accommodate previous approvals of details required by conditions (relating to the demolition of the existing residential property (Cherry Cottage) and agricultural barn and development for 385 residential dwellings (use…”

Officer report

What officers recommended

Officers recommended approval because the smaller compound and exit strategy would address the breach, reduce amenity impacts and raise no consultee objections.

“As this is a Section 73 planning application to vary conditions of a permission granted prior to the introduction to Biodiversity Net Gain, therefore this application is exempt from Biodiversity Net Gain. Conclusion and Planning Balance Whilst it is noted that the developer is currently in breach of planning conditions, this proposal seeks to address this with an alterative compound location and exit strategy. There are no objections from statutory consultees.”

Officer report

What consultees said

Environmental Health and the highway authority had no objections, while the parish council had no comments.

“Responses to consultations and publicity Environmental Health Officer - No objections…”

“The Local Highway Authority (LHA) has no objections to the variation of Condition 1 (approved plans), Condition 27 (construction management plan) and Condition 34 (new roundabout) of permission ref. DMPA/2020/0521.”

Officer report

What residents said

Three public representations objected to the compound’s location, construction impacts, traffic management and the failure to move it earlier.

“Three representations have been received from members of the public, their comments can be summarised as follows: • Object that the proposal to leave the compound approximately one kilometre from the current works phase is wholly inappropriate and fails to address critical issues of construction management, traffic, and community impact.”

Officer report

Who spoke

The Planning Delivery Team Leader outlined the application, and the local ward member raised concerns about disruption to residents.

What members discussed

Members discussed disruption to residents and asked what enforcement options would be available if another breach occurred.

“Members discussed the Application and raised concerns regarding the disruption for resident’s and enquired what steps could be taken if there was another breach.”

“The Head of Planning advised that the Council had options available of enforcement to ensure the Developer concluded the relocation by the agreed date.”

Minutes

The committee’s decision

The committee approved permission as recommended, subject to additional conditions concerning a Section 106 deed of variation and permission conditions.

“A) That the Committee delegated authority to the Head of Planning to complete a Section 106 Deed of Variation Agreement to bind the Section 73 application identified in the above-mentioned report.”

“That planning permission be approved as per the recommendations in the report of the Executive Director – Place and Prosperity subject to the additional conditions A and B.”

Minutes