One amended dwelling at Land rear of 21 Market Place, Melbourne, Derby

What was proposed

The application sought amended plans for one dwelling, including a larger footprint, altered position, additional bedroom, solar panels and substantially more replacement planting.

“Development onsite commenced in 2024, however the dwelling footprint was not constructed in accordance with the 2023 approved plans and more trees were felled than the extant permission allowed (without the appropriate procedural notification having taken place). The works were stopped on request of planning enforcement. An application for minor material amendment was submitted to regularise the changes. This was reported to Planning Committee (ref.”

“Compared to the extant permission, the varied scheme would have a larger, Z-shaped footprint and would be positioned further to the west and south, (i.e. more centrally) within the site, resulting in more amenity space to the east of the built form. There would be more hard landscaping around the footprint of the dwelling, with parking to the west and a low retaining wall aligned in parallel with the southern boundary.”

Officer report

The site

The site is in Melbourne Conservation Area behind Market Place, bordered by neighbouring properties, a public path and Lothian Gardens.

“The current application seeks to overcome the reason for refusal. Site Description The application site is located within Melbourne Conservation Area on land to the rear (south) of Market Place. It comprises a rectangular parcel of land that is bordered by the rear of properties on Market Place to the north, a public path to the west, Lothian Gardens to the south, and no. Market Place to the east. Access is provided from an existing point immediately to the west of no.”

Officer report

Why officers supported it

Officers considered the additional planting would restore the site’s wooded character, address the previous refusal reason and provide biodiversity compensation.

“The application seeks to address the reason for refusal of the previous planning permission for…”

Officer report

What consultees said

The parish council did not object, while conservation, tree, wildlife and highways consultees raised no objection subject to specified matters.

“DMOT/2024/1494 Approval of details reserved by conditions 3 (boundary treatments), 4 (construction management plan), 7 (ecological mitigation) and 8 (landscape and biodiversity plan) relating to planning permission DMPA/2022/0122 (Demolition of 1 outbuilding and the erection of 1 dwelling and associated works) – withdrawn December 2024 Responses to consultations and publicity Melbourne Parish Council Having considered this application, parish councillors do not object to it,…”

“Conservation Officer The additional planting provides mitigation for the previous tree losses and reinstates the visual amenity provided by the site. Overall, no further harm to the character and appearance of the Conservation Area compared to the original scheme. (27/01/2026)”

Officer report

Who spoke

The Planning Delivery Team Leader presented the application, and the local ward member addressed the committee with concerns about its retrospective nature.

What members discussed

Members asked whether the newly planted trees could receive Tree Preservation Orders, and officers explained their available protection.

“Councillor A Wheelton enquired as to whether the newly planted trees could be made subject to Tree Preservation Orders.”

“The Planning Delivery Team clarified that the new planting would be protected by the Conservation Area status and noted that the new trees could be subject to Tree Preservation Orders.”

Minutes

The committee’s decision

Planning permission was approved in accordance with the officer recommendation.

“RESOLVED: That planning permission be approved as per the recommendations in the report of the Executive Director – Place and Prosperity.”

Minutes