:CODE No.

NP/DDD/11 *05/1* 073
P.FILE No.

_~REF
421455 1367716
07111/2005

CERTIFICATE
A

J Ball A R. Yarwood REGISTERED
20 Yeld Road Wheatley Barn AT PDNPA
Bakewell Wheatley Road
19/01/2006
Two Dales MATLOCK
Tel No.

Derbyshire DE42FF
Tel No.

Full Plannin9 Permission
APPL TYPE
PROPOSED
LAND USE
Householder
PROPOSAL
Retention of development without complying with with condition no.2 on
NP/DDD/1199/555
EXISTING
LAND USE
Householder
PREVIOUS
APPLICATION NO.
51/51a Burton Edge
Bakewell
LOCATION
Bakewell
PLANNING
OFFICER
Chris Thorpe
ALlVERT DATE
03/02/2006
LAST ADVERT DATE
24/02/2006
TCP3 DRAFT
CONSTRAINT(S) Planning Application Conditions
Plot File Boundary
Plot File Boundary
NP/DDD/1199/555
6737
11130
DELEGATED
Yes
DATE SENT
DATE REPLY
07111/2005
07111/2005
).- 1.- 0,'
07/11/2005
CONSULTATIONS
Bakewell Town Council
Derbyshire County Council (Highways)
Derbyshire Dales District Council
DEEMED REFUSAL DATE
16/03/2006
13 WEEKS
DATE
20i04/2006
13 WEEKS
DATE
20/04/2006

## Planning Decision Notice

Tel: 01629816200
Fax: 01629 816310
E-mail: aldem@pcakdislrict-npa.gov.uk
Web: www.peakdistrict.org
Minicom: 01629 816319
A1dem House. Baslow Road. Bakewell. Derbyshire. DE45 IAE

To:
J Ball c/o A. R. Yarwood Wheatley Barn Wheatley Road Two Dales MATLOCK
Derbyshire DE42FF
THIS NOTICE RELATES TO PLANNING CONTROL ONLY, ANY OTHER STATUTORY CONSENT
MUST BE OBTAINED FROM THE APPROPRIATE AUTHORITY

## Town & Country Planning Acts & General Development Order

In pursuance of the powers vested in the Peak District National Park Authority under the above Acts and Order, and with reference to your application for Full Planning Permission, details of which are as follows:
Office Code No.

Date received: Proposal:
Location:
Parish:

NP/DDD/1105/1073
07 November 2005
Retention of development without complying with with condition no.2 on
NP/DDD/1199/555
51 Burton Edge
Bakewell
Bakewell

## The Decision

NOTICE IS HEREBY GIVEN THAT PERMISSION FOR THE PROPOSED DEVELOPMENT in the manner described on the application and shown on the accompanying plans and drawings is REFUSED for the following reasons:
The National Park Authority has a statutory purpose under the Environment Act 1995 to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park and to promote opportunities for understanding and enjoyment of the Park's special qualities. Where these aims conflict, the conservation of the Park takes precedence.

In pursuing them, the Authority has a duty to foster the economic and social well being of local communities.

Consequently it is the policy of the Authority, as set out in the Development Plan ( consisting of the 1994 Structure Plan and the 2001 Local Plan ), to ensure that the valued characteristics of the National Park will be conserved and enhanced now and for future generations. [Structure Plan {SPP} GS1 and Local Plan {LPP} LC4]. Therefore development incompatible with policies in the Development Plan will not normally be permitted.

For the purposes of the development plan, this site is located in the within the limits of Bakewell, which is a designated Local Plan Settlement as defined in Policy LC3 of the Peak District National Park Local Plan. Under Peak National Park Structure Plan Policy C3(ii) there is a presumption in favour of development provided that the scale, siting, landscaping and building materials are appropriate. Under Structure Plan Policy HC1(a) residential development will be permitted in the designated town and villages provided that it is for the conversion of an existing building of traditional design and material in accordance with Structure Plan Policy C3. Under Policy LC4(iv)
of the Local Plan, where development is acceptable in principle, particular attention will be paid to the amenity, privacy and security of the development and of nearby properties. Under Policy LC6(iv) permission will not be granted for the conversion of an outbuilding to residential use if the new accommodation would not remain under the control of the occupier of the main dwelling. The proposed development would conflict with these policies for reasons that are given below.

Policy HC1 of the Peak Park Structure Plan permits the conversion of buildings of traditional design and materials for residential use, but does not permit the erection of new dwellings for unrestricted, open market housing. Although the building in question has been clad in traditional materials it is of recent origin, no more than 7 years old, and to release the building from its current restriction for open market housing would be tantamount to approving a new dwelling for that purpose. The application is accordingly contrary to Policy HC1 of the Peak National Park Structure Plan.

The application has been expressed as being for the removal of Condition (2) on permission NP/DDD/1999/555 to permit the site to be occupied as 2 separate dwellings. Policy HC1 allows the conversion of buildings of traditional design and materials, but this is not considered to be a building of traditional design, and the proposed development is not considered to be necessary to conserve the building or the character of the National Park.

Policy LH6 of the Peak District National Park Local Plan expressly precludes the conversion of an outbuilding in the curtilage of a dwelling to form a separate dwelling. It is considered that conversion of this building to form a separate dwelling would result in a seriously over-intensive.use of a restricted site and would
~?uILi~oorJevels of external ameiifu sp~2..-serv~~he occup",nts_ o(both-existing and proposed dwellings,. particularlY-for the proposed .. dwelling where the potential private spacEl would 'b1fbotli':YeryJlmited and could notbepr6tected from public view' Moreover, the-proposed dwelling itself8[1d its garden would sufferfrom-avery poor outlook;and'would' be seriously overlooked ,by_th~r$ting-dwelling:- Furtlie-rmore;-;-tne--proposed 'parking/access area would be likely to result in conflict of movements and parking between the users of the proposed and existing dwellings, and the proposed dwelling in particular would suffer loss of enjoyment arising from vehicular movements and general disturbance in close proximity associated with the use of the existing dwelling. The application is therefore contrary to the requirements of Policies C3(ii)
and HC1(a) of the Peak National Park Structure Plan, and Policies LC4(iv) and LH6 of the Peak District National Park Local Plan.

'

## Statement Of Applicant'S Rights Arising From The Refusal Of Planning Permission Or From The Grant Of Permission Subject To Conditions Appeals To The Secretary Of State

If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it sUbject to conditions, then you can appeal to the Secretary of State for the Environment under Section 78 of the Town and Country Planning Act 1990.

If you want to appeal, then you must do so within 6 months of the date of this notice, using a form which you can get from the Planning Inspectorate at Customer Support Unit, Temple Quay House,
2 The Square, Temple Quay, Bristol BS1 6PN, telephone No. 0117 372 8000 or www.planninginspectorate.gov.uk.

The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.

The Secretary of State need not consider an appeal if it seems to him that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.

In practice, the Secretary of State does not refuse to consider appeals soiely because the local planning authority based its decision on a direction given by him.

## Purchase Notices

If either the local planning authority or the Secretary of State for the Environment refuses permission to develop land or grants it sUbject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted.

In these circumstances, the owner may serve a purchase notice on the Council (District Council, London Borough Councilor Common Council of the City of London) or, where the land is situated in a National Park, the National Park Authority for that Park in whose area the land is situated.

This notice will require the Councilor Authority to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.

## 52/06 2. Neighbouring Authority Consultation - Proposed Extensions T And Continuation Of Extraction And Processing At Brassing! N Moor Quarry Near Longcllffe Derbyshire Application Cod No. Cm3/1205/156 (A93128/Apb)

member of s employed a Clr Mrs B J Wilson declared a personal, non-prejudicial interest as Derbyshire County Council and a prejudicial interest as Longcliffe Quarr'
relation. She therefore left the room.

RESOLVED:
That the Authority recommends that the application sho d be REFUSED on the basis of adverse impact upon the landscape and unce inties over phasing and restoration proposals, and that alternative method of working, phasing and landscaping of the development are available t t are less damaging to the landscape setting of the National Park.

## 53/06 3. Application For Hazardous Subst Ces Consent Fine Grinding Ltd, Near Eyam *(Hazl05/1.* P3917/Jh)

Mr D Hollis, the applicant's Health and S
ety representative, was present to answer Members' questions.

In response to Members' queries M
Hollis stated that all materials were now stored inside and under cover.

The Minerals Team Manager r orted that the application had been made due to advice from the Health and Safety xecutive and that it was a specific application to which normal planning conditions ould not be attached.

It was agreed that a letter could be sent to the applicant requ ting enhancement of the site.

RESOLVED:
That the applic on be APPROVED and added to the Authority's register of Hazardous Sub tances Consents, subject to the following conditions:

1.
The
aXimum quantity of the material 'recovered cryolite' processed and
sto
d on site at any time shall not exceed 800 tonnes.
2.
he Authority shall be notified of any proposed changes to the sources of
supply, the quantities stored or the nature of the processing of the material
'recovered cryolite' at the site.
Clr Mrs J A Twigg declared a personal, non-prejudicial interest in this item as she knew the applicant.

Mr Ball, the Applicant, spoke in favour of the application.

In response to Members'
queries he stated that he would be willing to accept a local occupancy condition.

The Head of Development Control stated that the previous consent for the garage to be turned into living accommodation was for ancillary accommodation only.

A motion for refusal, on the grounds of over intensification and property not being for sale long enough, was moved and seconded.

An amendment to the motion for a site visit to assess the impact of the proposal on the area and amenity was then proposed and seconded. This was voted on and accepted.

The motion for a site visit was then voted on and carried.

RESOLVED:
That consideration of the application be deferred pending a site visit to assess the impact of the proposal on the area and amenity.

## 55/06 5. Full Application - Proposed Demolition Of Pre-Fab Classroo And Erection Of Replacement Permanent Classroom At T. Anselms School Stanedge Rd Bakewell Npiddd/0106/0038 :4911

17.01.06, 421380/368714/ALN)

Clr Mrs J A Twigg declared a personal, non-prejudicial interest in this ite as she knew the objector who had given notice to speak.

It was reported that a fax had been received from C A Walker f Conifer Cottage, Bagshawe Hill, Bakewell, dated 20 April 2006, expressing conc ns of local residents and this was summarised for the Committee.

It was also reported that a petition against the application ha been received, containing
74 signatures of residents of the area.

Mr R Bridge, an objector, spoke against the applicatio . He alleged that the application was void as the certificate of ownership, submitted Ith the application, had the wrong name on it.

Mr I Bourke, St Anslems School Finance Direct
,spoke in favour of the application.

In view of the allegation regarding the 0
ership certificate a motion for deferral to clarify the situation was proposed and se onded.

However the Officers stated that the Agent had submitted the certificate on half of the applicants and as far as they were aware the applicants owned the Ian relating to the planning application.

They also stated that it was the applicant's res nsibility to ensure the certificate was correct.

The motion for deferral was then oted on but lost.

The Head of Development C
trol emphasised that the application was for replacement of a temporary building with ome upgrading and not an expansion.

The recommendation fo approval subject to conditions was moved and seconded.

It was agreed to add co ditions covering submission of a green travel plan and use of renewable energy w re possible and to strengthen recommendation 2. The motion for approval was then v ted on and carried.

## Resolved:

1.
That t e application be APPROVED subject to the following conditions:
(i)
Adopt amended plans
. )
Roofs to be in 'Hardrow' tiles to match or natural blue slate
(iii)
Design details
Some Members also raised concerns about the visibility of the proposed roof lights and felt they would be better situated on the rear of the barn. The Planning Officer stated that the applicant would prefer to keep them where proposed due to the lighting within the barn.

A request was made that Officers look into practices for thermal effi . ncy of Listed
~. Buildings.

A
otion for approval subject to conditions and subject to an ternative access being agree from the front of the barn was moved and seconded.

It was agr d that the position of the roof lights coul e agreed under minor design conditions.

Members agreed t t they needed further infor ation regarding the alternative access proposals; therefore motion for approval as withdrawn.

A motion for deferral for further information, inclu . g full visual infor ation, to be obtained and presented to the next meeting was moved, s onded and jed.

RESOLVED:
That consideration of the appl' ati be DEFERRED to enable further information on the alternative access to obtaine and presented to the next meeting.

75/06
r:.2,-.---!::!.2,;!.E:!....E~::.!::!.!.~.,a!=::!..!:!.~!.!:!.!:!....=.~~V!!.!E=..!R~S~I~O~N~O~F-,!B:!!A~R~N~T,?O~DO!-W;.!E::!:L~L:!,!IN~G

| ACCESS DRIVE   | NETHER FARM   |
|----------------|---------------|
| L              | BRADFIELD     |
| NP/S/1005/1037 |               |

It was agreed defer this application in line with the previo related application (see Minute 74/0
above).

RESOL
D:
Th consideration of the application be DEFERRED to enable further i rmation the alternative access to be obtained and presented to the next meeting.

## 76/06 3. Full Application - Retention Of Development Without Complying With Condition 2 On *Np/Ddd/1999/0555* To Allow Occupation As Two Separate Dwellings. 51 Burton Edge, Bakewell (Npiddd/1105/1073, P.11130. 7,11.05, 421455/367716/Ct\

Mrs K Potter declared a personal and prejudicial interest in this application as the Agent, who had given notice to speak at the meeting, had sponsored her for a charity event she was taking part in at the weekend. Mrs Potter therefore left the room.

The Planning Officer showed photos of the site and reported that after further discussions with the Authority's Policy Planning Manager he would like to add an additional reason for refusal stating that a new open market dwelling was contrary to the intention of the development plan.

Therefore if Members were minded to approve the application it would need to be referred to the Authority meeting as a policy issue.

Mr Hams reported that Members had visited the site the previous day and that they had viewed the estate.

He stated that most of the estate was similar with semi-detached housing, garages, outbuildings and large gardens.

The property the application related to had a substantial annex at the rear, which had taken up approximately a third of the garden.

It was noted that the submitted plans did not show a defined curtilage for the annex and there was insufficient residential curtilage for 2 dwellings with a shared access.

Mr A R Yarwood, the Agent, spoke in favour of the application.

A motion for refusal for the reason set out in the report and the additional reason given by Officers at the meeting was moved and seconded. This was then voted on and carried.

In response to Member queries regarding the re-numbering of the property, the Planning Officer reported that he had contacted the Local Authority and they were not aware of the re-numbering of the property.

RESOLVED:
That the application be REFUSED for the following reason:

1.
Over development harming the character and amenity of the area
2.
A new open market dwelling is contrary to the intention of the development
plan

## 77/06 4. Full Application - Proposed Extensions And Alteratio . To Dwelling And Construction Of New Vehicular Access ~T The Cotiage Cannon Street/Bessie Lane The Hills Radwell P/Ddd/1205/1172 P.10226 2.12.05 17138108/Kw

The lanning Officer reported that an email had been received) om Bradwell Parish Counci dated 17 May 2006, which stated that they did not SURpOrt the proposal unless off-road p king was provided consistent with the size of th~Alwelling. Any increase in on-street pa ing would seriously impact on the thorougtffa~e which is already over parked.

/
He also reported tha the applicant had handed a ~er to him at the Member site visit held the previous day, ich was from a neigh ur regarding the disputed right of way.

The Planning Officer confir ed that this letter ad also been received at the office on 3
May 2006, but as it related a legal tter and not planning matters he did not summarise it.

An email had also been received fro C Furness, an Authority Member, reporting that the wall across the disputed acces had b constructed on 15 May.

Clr R Priestley declared a per nal, non-prejudic interest in this application as he knew the applicant.

Members reported that ey had received corresponden from the applicant dated 15
May 2006.

Wing Commander 7I.lan Jones, MBE, an Objector, spoke on be If of Mr P Downing, another Objector and himself against the application.

Mr A D Hams eclared a personal, non-prejudicial interest in this applicati as he knew the applican s architect.

Mr A Yat
,an Objector, spoke against the application.

Mrs 5i pson, the Applicant, spoke in favour of the application.

This item was deferred at the last Committee meeting for a members' site visit.

The site is located within the limits of the designated Local Plan Settlement of Bakewell. The site, lies at the corner of Yeld Road and Burton Edge, and forms a semi-detached dwelling together with a detached outbuilding that provides ancillary living accommodation. The main bUilding is random coursed gritstone under a roof of plain dark roof tiles, and the outbuilding has gritstone walls with a blue slate roof. There is access direct off Yeld Road to a hardstanding for two cars.

The outbuilding has been given its own address (51A Burton Edge), has its own post box and telephone line. The building sits in the corner of the plot.

## Proposal

An application has been made under Section 73 of the 1991 Act to retain development without
•
complying with a condition that has been imposed on a previous permission.

Planning
~ permission NP/DDD/~555 allowed the conversion of a garage with loft over to proVide additional living accommodation. Condition (2) reads as follows:
"The accommodation hereby approved shall be ancillary to the residential use of 51
Burton Edge and shall not be occupied as an independent dwelling. The existing dwelling and the garage conversion shall be maintained as single planning unit".

The reason given for the condition is:
"The accommodation is considered to be unsuitable for independent occupation because of its relationship with the existing property".

A brief supporting letter from the agent says that release from the condition would enable the outbuilding to be marketed separateiy to form 2 separate dwellings. This letter ciaims that the applicant has been trying to market the house as a single property at a price which reflects the restrictive condition, but without success. The agent says that the "properties" i.e. 51 and 51A
Burton Edge were marketed in 2005 for a period of 3 months, reSUlting in 4 viewings but no offers. No evidence of this exercise, or the marketing details, has been proVided.

## History

1994 - Pianning permission granted for the erection of a detached garage with loft over
1999 - Planning permission granted for the conversion of a garage with loft over to provide additional living accommodation.

## Key Issues

1.
The principle of establishing a new dwelling on an existing plot, and the adequacy of
space about the proposed dwelling and existing dwellings to cater for the reasonable
needs of future occupants
2.
The relationship of the proposed dwelling to nearby dwellings, and the potential impact of
the proposed development on their amenities
3.
The adequacy of parking and access arrangements for the existing and proposed
dwellings on the site.

## Consultations

Highway Authority - Assumes there will be a total of 3 parking spaces, not 2 plus 3 (as indicated on the application form). Would not wish to object to this application subject to a condition as per a previous approval requiring the provision of car parking for 3 vehicles.

District Council - Recommends approval.

Town Council- Recommends approval.

## Representations

4 representations received from nearby residents, all objecting to the application. Reasons may
be summarised as follows:
•
Will cause parking problems
•
Over-intensive
•
Adverse visual impact of greater hardstanding
•
Loss of residential amenity
•
No privacy for future residents
•
Insufficient curtilage space
•
Set an unacceptable precedent
•
Progressive unacceptable changes
•
Policy objections
•
Non-planning reasons (loss of value)

## Main Policies •

Relevant Structure Plan policies include: GS1, C3, HC1, T8.

Relevant Local Plan policies include: LC2, LC3, LC4, LH6, LT11.

## Comment •

Policies GS1 of the Structure Pian and LC4 of the Local Plan seek to ensure that where new development is permitted its detailed treatment is to a high standard that conserves and where possible enhances the valued characteristics of the National Park.

Local Plan Policy LC4(iv)
says that particular attention will be paid to matters of detail including the amenity, privacy and security of the development and of nearby properties.

Structure Plan Policy C3 permits development generally with the designated settlements provided that there would be no adverse effects on the valued characteristics of the area, and that such matters as scale, siting, landscaping and building materials are appropriate, and design is to a high standard. Structure Plan Policy HC1 permits the conversion of existing buildings of traditional design and materials to residential use provided it is in accordance with Policy C3. Local Plan Policy LH6 says that the conversion of an outbuilding within the curtilage of a dwelling to ancillary use is acceptable provided that the new accommodation would remain under the control of the occupier of the main dwelling.

Although clad in traditional materials the bUilding is no more than 7 years old, therefore it is not considered to fall within policy HC1.

To do otherwise would undermine prevailing housing policies.

As indicated above, the agent says that "release from the condition would enable the outbuilding to be marketed separately to form 2 separate dwellings." This is not strictly true, as even if the terms of the condition were to be released, it would still then be necessary for planning permission to be obtained to form two separate planning units as separate dwellings. However, release from the condition would make it effectively impossible for the National Park Authority to decline an application for a change of use. This application has therefore been treated as though it is for conversion of the outbuilding to a separate dwelling. For reasons that are given below, it is considered that lifting the terms of the condition would be wholly unacceptable from a planning point of view.

The existing outbuilding that is in use as ancillary residential accommodation is located between about 5 and 7 metres away from the original dwelling. There is effectively no space to the side or rear of the outbuilding, and the proposed side garden would be only 2-4 metres in width, The remaining rear garden for the original dwelling would be only 3 metres in depth. The remaining garden area would be split between the two, but all that garden area would be between the dwellings and the highway and very open to public gaze. There would effectively be little or no private amenity space for either dwelling, The outbuilding is at a lower level than the house, and it is possible to look directly down into the two side windows of the outbUilding and its entire garden area. The agent recognises that there is an amenity issue to overcome, and suggests that measures can be put in place to address the problem comprising the provision of obscure, fixed glazing to the west facing first floor window, However, no floor plans have been submitted to show how the conversion would take place, and it is considered that the first floor window could be required to prOVide living accommodation.

There is a ground floor Window to be protected as well, but it is considered that the proposed 2-
metre screen fence would not be sufficient to overcome overlooking. Moreover, the fence would be in such close proximity to the outbuilding that there would be an extremely poor outlook from that side of the proposed dwelling.

It is proposed to provide an additional parking space for the existing house. There are no objections from the local highways authority to the level of parking proposed, but the turning area fo~ the parking for the eXisting dwelling would be directly in front of, and in very close proximity to, the proposed dwelling. The occupants would have no control over comings and goings to the adjoining parking area, and it is clear that a car parked in front of the proposed dwelling would severely hinder access to the parking area for the existing dwelling, There is therefore great potential for conflict to arise between users of the separate dwellings, and great potential for loss of amenity to the proposed dwelling arising from uncontrolled vehicle movements and general disturbance associated with comings and goings.

With regard to the marketing exercise, it is considered that either the asking price has been too high, or else the occupant has over-invested in the property making it too expensive, Had the outbuilding been retained as a garage with living accommodation above, it is probably more likely that a buyer could have been found.

The objections identified above clearly indicate that the proposed development would result in a very over-intensive use of this restricted site which would be seriously lacking in private amenity space for both existing and proposed dwellings, and result in unacceptably low levels of amenity for both of them. It is conCluded that the proposal is in conflict with the National Park Authority's development plan policies and that the condition was correctly imposed, The application is accordingly recommended for refusal.

## Human Rights

Any human rights issues have been considered and addressed in the preparation of this report.

## Commendation:

hat the application be REFUSED for the following reason:
Over development harming the character and amenity of the area A I'eVU c::fC,r\ N'eLrt:Q:k; ~ v1.Lt ~ cC7\.bOl vU 1-0 Cv\C. ~
List of Background Papers (not previously ptrtrlished)
. .::.J
cQ ~
Gevc. Pku\.. .

Nil Title:
Committee Oate:
Item Number:
P-File Number:
Application number:
Grid Reference:

19/05/06
3
11130
00011051073
421455367716

Tel: 01629 816200
Fox: 01629 81.6310
E-l1lu iI: aldern@peakdistriet.go\'.uk
'Wch: www.pcakclistrict,org Minicom: 01629 816319
Aldern House. Baslow Road. Bakewell. Derbyshire. DE45 lAE
---~-~
NATIONAL PARK AUTHORITY
Your ref:
Our ref:
RC/A.11432
Dale:
Date as postmark FIRST CLASS
J Ball c/o A R Yarwood Wheatley Barn Wheatley Road Two Dales Matlock Derbyshire DE42FF
Dear Sir/Madam

## Planning Application - Determination Full Application - Retention Of Development Without Complying With Condition 2 On Np/Ddd/1999/0555 To Atlow Occupation As Two Separate Dwetlings, 51 Burton Edge, Bakewell (Npiddd/11 05/1 073, P.11130, 7.11.05, 421455/367716/Cti

The above application will be considered by Planning Committee on Friday 19 May 2006 at 10.00 am in the Conference Room, Agricultural Business Centre, Agricultural Way, Bakewell (copy report enclosed).

Should you wish to speak at the meeting under the Authority's 'Public Participation Scheme' (copy attached), please nOlify Democratic Services either in writing, bye-mail democraticservices@peakdistrictnpa.qov.uk, fax 01629 816311 or by telephone 01629 816362 or 01629816382 by 12 noon two working days before the meeting. If no notification is received by this deadline you will not be allowed to speak.

If you do give notice to speak please telephone Democratic Services after 2.00 pm on the Wednesday prior to the meeting when you will be advised as to the estimated time that your item will be heard.

If you do not wish to speak but just wish to attend the meeting to listen to the debate please telephone Democratic Services after 10.00 am on the Thursday prior to the meeting for the estimated time that your item will be considered by the Committee.

If you require further help or advice regarding the Public Participation Scheme or committee procedure, please telephone Democratic Services on 01629 816362 or 01629 816382.

Please note that your planning application may be subject to an informal site visit by Members of the Committee on the Thursday preceding the Friday Committee meeting. These visits are purely fact finding visits and no decisions will be made at the site visit. You will not be notified of the visit unless there is a need to gain entry to your land.

Yours faithfully

## Democratic Services Encs

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Tel: 01629 816200
Fax: 01629816310
E-mail: aldern@peakdislricl.gov.uk

\Vcb: www.pcakdistricl.org
MinicOll1: 01629 816319
Atdern House. Bastow Road. Bakewell . Derbyshire. OE45 lAE

      -
NATIONAL PARK AUTHORITY

Your ref:

Ourrer:
            RC/A.11432

Date:
            Date as postmark

FIRST CLASS

J Ball
c/o A R Yarwood
Wheatley Barn
Wheatley Road
Two Dales
Matlock
Derbyshire
DE42FF

Dear Sir/Madam

## Planning Application. Determination Revocation Of Condition Application - Retention Of Development Without Complying 2Ith Condition 2 On Np/Ddd/1999/0555 To Allow Occupation As Two Separate Dwellings, 51 Burton Edge, Bakewell (Np/Ddd/1105/1073 P,11130/Ctl

The above application will be considered by Planning Committee on Friday 21 April 2006 at 10.00 am in the Board Room, Aldern House, Baslow Road, Bakewell, DE45 1AE (copy report enclosed).

Should you wish to speak at the meeting under the Authority's 'Public Participation Scheme' (copy attached), please notify Democratic Services either in writing, bye-mail democraticservices@peakdistrictnpa.gov.uk, fax 01629 816311 or by telephone 01629 816362 or 01629816382 by 12 noon two working days before the meeting. If no notification is received by this deadline you will not be allowed to speak.

If you do give notice to speak please telephone Democratic Services after 2.00 pm on the Wednesday prior to the meeting when you will be advised as to the estimated time that your item will be heard.

If you do not wish to speak but just wish to attend the meeting to listen to the debate please telephone Democratic Services after 10.00 am on the Thursday prior to the meeting for the estimated time that your item will be considered by the Committee.

If you require further help or advice regarding the Public Participation Scheme or committee procedure, please telephone Democratic Services on 01629 816362 or 01629 816382.

Please note that your planning application may be subject to an informal site visit by Members of the Committee on the Thursday preceding the Friday Committee meeting. These visits are purely fact finding visits and no decisions will be made at the site visit. You will not be notified of the visit unless there is a need to gain entry to your land.

Yours faithfully

## Democratic Services Encs

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The site is located within the limits of the designated Local Plan Settlement of Bakewell. The site, lies at the corner of Yeld Road and Burton Edge, and forms a semi-detached dwelling together with a detached outbuilding that provides ancillary living accommodation. The main building is random coursed gritstone under a roof of plain dark roof tiles, and the outbuilding has gritstone walls with a blue slate roof. There is access direct off Yeld Road to a hardstanding for two cars.

The outbuilding has been given its own address (51A Burton Edge), has its own post box and telephone line. The building sits in the corner of the plot.

## Proposal

An application has been made under Section 73 of the 1991 Act to retain development without complying with a condition that has been imposed on a previous permission.

Planning permission NP/DDD/1999/555 allowed the conversion of a garage with loft over to provide additional living accommodation. Condition (2) reads as follows:
"The accommodation hereby approved shall be ancillary to the residential use of 51
Burton Edge and shall not be occupied as an independent dwelling. The existing dwelling and the garage conversion shall be maintained as single planning unit".

The reason given for the condition is:
"The accommodation is considered to be unsuitable for independent occupation because of its relationship with the existing property".

A brief supporting letter from the agent says that release from the condition would enable the outbUilding to be marketed separately to form 2 separate dwellings. This letter claims that the applicant has been trying to market the house as a single property at a price which reflects the restrictive condition, but without success. The agent says that the "properties" i.e. 51 and 51A
Burton Edge were marketed in 2005 for a period of 3 months, resulting in 4 viewings but no offers. No evidence of this exercise, or the marketing details, has been provided.

## History

1994 - Planning permission granted for the erection of a detached garage with loft over
1999 - Planning permission granted for the conversion of a garage with loft over to provide additional/iving accommodation.

## Key Issues

1.
The principle of establishing a new dwelling on an existing plot, and the adequacy of
space about the proposed dwelling and existing dwellings to cater for the reasonable
needs of future occupants
2.
The relationship of the proposed dwelling to nearby dwellings, and the potential impact of
the proposed development on their amenities
3.
The adequacy of parking and access arrangements for the existing and proposed
dwellings on the site.

## Consultations

Highway Authority - Assumes there will be a total of 3 parking spaces, not 2 plus 3 (as indicated on the application form). Would not wish to object to this application subject to a condition as per a previous approval reqUiring the provision of car parking for 3 vehicles.

District Council - Recommends approval.

Town Council - Recommends approval.

## Representations

4 representations received from nearby residents, all objecting to the application. Reasons may
be summarised as follows:
•
Will cause parking problems
•
Over-intensive
•
Adverse visual impact of greater hardstanding
•
Loss of residential amenity
•
No privacy for future residents
•
Insufficient curtilage space
•
Set an unacceptable precedent
•
Progressive unacceptable changes
•
Policy objections
•
•
Non-planning reasons (loss of value)

## Main Policies

Relevant Structure Plan policies include: GS1, C3, HC1, T8.

Relevant Local Plan policies include: LC2, LC3, LC4, LH6, LT11.

## Comment •

Policies GS1 of the Structure Plan and LC4 of the Local Plan seek to ensure that where new development is permitted its detailed treatment is to a high standard that conserves and where possible enhances the valued characteristics of the National Park.

Local Plan Policy LC4(iv)
says that particular attention will be paid to matters of detail including the amenity, privacy and security of the development and of nearby properties. Structure Plan Policy C3 permits development generally with the designated settlements provided that there would be no adverse effects on the valued characteristics of the area, and that such matters as scale, siting, landscaping and building materials are appropriate, and design is to a high standard. Structure Plan Policy HC1 permits the conversion of existing buildings of traditional design and materials to residential use provided it is in accordance with Policy C3. Local Plan Policy LH6 says that the conversion of an outbuilding within the curtilage of a dwelling to ancillary use is acceptable provided that the new accommodation would remain under the control of the occupier of the main dwelling.

Although clad in traditional materials the building is no more than 7 years old, therefore it is not considered to fall within policy HC1.

To do otherwise would undermine prevailing housing policies.

As indicated above, the agent says that "release from the condition would enable the outbuilding to be marketed separately to form 2 separate dwellings." This is not strictly true, as even if the terms of the condition were to be released, it would still then be necessary for planning permission to be obtained to form two separate planning units as separate dwellings. However, release from the condition would make it effectively impossible for the National Park Authority to decline an application for a change of use. This application has therefore been treated as though it is for conversion of the outbuilding to a separate dwelling. For reasons that are given below, it is considered that lifting the terms of the condition would be Wholly unacceptable from a planning point of view.

.

The existing outbuilding that is in use as ancillary residential accommodation is located between about 5 and 7 metres away from the original dwelling. There is effectively no space to the side or rear of the outbuilding, and the proposed side garden would be only 2-4 metres in width. The remaining rear garden for the original dwelling would be only 3 metres in depth. The remaining garden area would be split between the two, but all that garden area would be between the dwellings and the highway and very open to public gaze. There would effectively be little or no private amenity space for either dwelling.

The outbuilding is at a lower level than the house, and it is possible to look directly down into the two side windows of the outbuilding and its entire garden area. The agent recognises that there is an amenity iss'ue to overcome, and suggests that measures can be put in place to address the problem comprising the provision of obscure, fixed glazing to the west facing first floor window.

However, no floor plans have been submitted to show how the conversion would take place, and it is considered that the first floor window could be required to provide living accommodation.

There is a ground floor window to be protected as well, but it is considered that the proposed 2-
metre screen fence would not be sufficient to overcome overlooking. Moreover, the fence would be in such close proximity to the outbuilding that there would be an extremely poor outlook from that side of the proposed dwelling.

It is proposed to provide an additional parking space for the existing house. There are no objections from the local highways authority to the level of parking proposed, but the turning area for the parking for the existing dwelling would be directly in front of, and in very close proximity to, the proposed dwelling. The occupants would have no control 'over comings and goings to the adjoining parking area, and it is clear that a car parked in front of the proposed dwelling would severely hinder access to the parking area for the existing dwelling. There is therefore great potential for conflict to arise between users of the separate dwellings, and great potential for loss of amenity to the proposed dwelling arising from uncontrolled vehicle movements and general disturbance associated with comings and goings. That might be acceptable when the two buildings are in separate ownership, but not as two planning units.

With regard to the marketing exercise, it is considered that either the asking price has been too high, or else the occupant has over-invested in the property making it too expensive. Had the outbuilding been retained as a garage with living accommodation above, it is probably more likely that a buyer could have been found. In the circumstances, it is not an option for the National Park Authority to release'the building from the terms of the restrictive condition.

The objections identified above clearly indicate that the proposed development would result in a very over-intensive use of this restricted site which would be seriously lacking in private amenity space for both existing and proposed dwellings, and result in unacceptably low levels of amenity for both of them. It is concluded that the proposal is in conflict with the National Park Authority's development plan policies and that the condition was correctly imposed. The application is accordingly recommended for refusal.

## Human Rights

Any human rights issues have been considered and addressed in the preparation of this report.

RECOMMENDATION:
0~
.

That the application be **RErD** for the following reason:
Over development harming the character and amenity of the area, List of Background Papers (not previously published)
Nil Committee Date:
Item Number:
P-File Number:
Application number:
Grid Reference:
21/04/2006
4
11130
NP/DDD/11 05/1 073
421455367716
Letter to:
Mr J Davies Head of Development Control Peak District National Park Authority Aldern House Baslow Road Bakewell Derbyshire NWD/PFI 115140
NP/DDD/11 05/1 073
1st February 2006
Dear Mr Davies

## Proposed Retention Of Development Without Compliance With Condition 2 Of Permitted Application Np/Ddd/1999/555 - *51/51A* Burton Edge (N/C), Bakewell

Our Ref:
Your Ref:
Date:
I refer to the above application which was received by this Authority on 2th January 2006 for highway comments, I note from my files that a~plication number *NP/DDD/1999/555* was commented on by this Authority on 17 h January 2000, and no objections were raised in principle from a highway safety viewpoint provided that the proposed car parking area was constructed prior to occupation of the dwelling, The decision to grant this application was made, according to my files, on 26th January 2000, with Condition No 2 being that the accommodation shall be ancillary to the residential use of No 51 Burton Edge and shall not be occupied as an independent dwelling.

On the application form, the applicant has stated that there are currently 2 car parking spaces within the site curtilage and intends to create 3 additional spaces? However, I presume the applicant intends to create 1 additional space, making a total of 3 spaces, can this be confirmed?

Access to the above site is off Upper Yeld Road, which is unclassified highway with a 30mph speed limit. Visibility from this access is satisfactory in both directions and therefore, if I am correct in presuming there will be 3 car parking spaces in total within the site curtilage and given the proposed conversion is for a one bedroomed dwelling, the Highway Authority would not wish to object to the proposals in principle, subject to the previous condition the Highway Authority asked to be appended to any consent in the best interests of highway safety
(Condition 3 on the decision notice on 26th January 2000).

Yours sincerely Graham Hill Area Development Manager Copy to Graham Hill - Area Development Manager NW
District Highway Care Manager NW - David Carr
•

## Delegated Item Report

P·File No: 11130
NP Number: 000/1105/1073
Planning Case Officer: CT
Authorised By:
Date of Report: 08 March 2006

## Structure Plan Codes: Gs1, C3, Hc1, T8 Local Plan Codes: Lc2, Lc3, Lc4, Lh6, Lt11 List Of Background Papers (Not Previously Published): Nil

Human Rights:
Any Human Rights issues have been considered and addressed in the preparation of this report.

## •

Report:
The site is located within the limits of the designated Local Plan Settlement of Bakewell. The site, which is located at the corner of Yeld Road and Burton Edge, comprises a semi-detached dwelling together with an outbuilding that provides ancillary living accommodation. The main building is comprised of random coursed gritstone under a roof of plain dark concrete roof tiles, and the outbuilding has gritstone walls with a blue slate roof. There is access direct off Yeld Road to a hardstanding for two cars. The outbuilding has been given its own address (51A Burton Edge), has its own post box and telephone line. The building sits in the corner of the plot.

An application has been made under Section 73 of the Principal 1991 Act to retain development without complying with a condition that has been imposed on a previous permission. Planning permission NP/DDD/1999/555 allowed the conversion of a garage with loft over to provide additional living accommodation. Condition (2) reads as follows:
"The accommodation hereby approved shall be ancillary to the residential use of 51 Burton Edge and shall not be occupied as an independent dwelling.

The existing dwelling and the garage conversion shall be maintained as single planning unit".

The reason given for the condition is:
The accommodation is considered to be unsuitable for independent occupation because of its relationship with the existing property".

A supporting letter from the agent says that release from the condition would enable the outbuilding to be marketed separately to form 2 separate dwellings.

This letter claims that the applicant has been trying to market the house as a single property at a price which reflects the restrictive condition, but without success. The agent says that the "properties" Le. 51 and 51A Burton Edge have been marketed in 2005 for a period of 3 months, resulting in 4 viewings but no offers. No evidence of this or the marketing details has been provided.

•
Policies GS1 of the Structure Plan and LC4 of the Local Plan seek to ensure that where new development is permitted its detailed treatment is to a high standard that conserves and where possible enhances the valued characteristics of the National Park.

Local Plan Policy LC4(iv) says that particular attention will be paid to matters of detail including the amenity, privacy and security of the development and of nearby properties. Structure Plan Policy C3 permits development generally with the designated settlements provided that there would be no adverse effects on the valued characteristics of the area, and that such matters as scale, siting, landscaping and building materials are appropriate, and design is to a high standard. Structure Plan Policy HC1
permits the conversion of existing buildings of traditional design and materials to residential use provided it is in accordance with Policy C3. Local Plan Policy LH6 says that the conversion of an outbuilding within the curtilage of a dwelling to ancillary use is acceptable provided that the new accommodation would remain under the control of the occupier of the main dwelling.

As indicated above, the agent says that "release from the condition would enable the outbuilding to be marketed separately to form 2 separate dwellings."
This is not strictly true, as even if the terms of the condition were to be released, it would still then be necessary for planning permission to be obtained to form two separate planning units as separate dwellings. However, release from the condition would make it effectively impossible for the National Park Authority to decline a application for a change of use. This application has therefore been treated as though it is for conversion of the outbuilding to a separate dwelling.

•
For reasons that are given below, it is considered that lifting the terms of the condition would be wholly unacceptable from a planning point of view.

The existing outbuilding that is in use as ancillary residential accommodation is located between about 5 and 7 metres away from the original dwelling. There is effectively no space to the side or rear of the outbuilding, and the proposed side garden would be only 24 metres in width. The remaining rear garden for the original dwelling would be only 3 metres in depth. The remaining garden area would be split between the two, but all that garden area would be between the dwellings and the highway and very open to public gaze. There would effectively be little or no private amenity space for either dwelling.

The outbuilding is at a lower level than the house, and it is possible to look directly down into the two side windows of the outbuilding and its entire garden area. The agent recognises that there is an amenity issue to overcome, and suggests that measures can be put in place to address the problem comprising the provision of obscure, fixed glazing to the west facing first floor window.

However, no floor plans have been submitted to show how the conversion would take place, and it is considered that the first floor window could be required to provide living accommodation. There is a ground floor window to be protected as well, but it is considered that the proposed 2-metre screen fence would not be sufficient to overcome overlooking. Moreover, the fence would be in such close proximity to the outbuilding that there would be an extremely poor outlook from that side of the proposed dwelling.

•
It is proposed to provide an additional parking space for the existing house.

There are no objections from the local highways authority to the level of parking proposed, but the turning area for the parking for the existing dwelling would be directly in front of, and in very close proximity to, the proposed dwelling. The occupants would have no control over comings and goings to the adjoining parking area, and it is clear that a car parked in front of the proposed dwelling would severely hinder access to the parking area for the existing dwelling.

There is therefore great potential for conflict to arise between users of the separate dwellings, and great potential for loss of amenity to the proposed dwelling arising from uncontrolled vehicle movements and general disturbance associated with comings and goings. That might be acceptable when the two buildings are in separate ownership, but not as two planning units.

With regard to the marketing exercise, it is considered that either the asking
price has been too high, or else the occupant has over-invested in the property
making it too expensive. Had the outbuilding been retained as a garage with
living accommodation above, it is probably more likely that a buyer could have
been found. In the circumstances, it is not an option for the National Park
Authority to release the building from the terms of the restrictive condition.
- Whilst the proposed development is acceptable in principle under Policies C3
and LC3, the objections identified above clearly indicate that the proposed
development would result in a very over-intensive use of this restricted site
which would be seriously lacking in private amenity space for both existing and
proposed dwellings, and result in unacceptably low levels of amenity for both of
them. It is concluded that the proposal is in conflict with the National park
Authority's development plan policies, and is accordingly recommended for
refusal.
District Council: Would not support a refusal in principle.

Highway Authority: Assumes there will be a total of 3 parking spaces, not 2
plus 3 (as indicated on the application form). Would not wish to object to this

application subject to a condition as per a previous approval requiring the
provision of car parking for 3 vehicles
Town Council: Approval recommended.
Neighbours: 4 representations received,
all objecting.
Reasons may be
summarised as follows:
•
Will cause parking problems
•
Over-intensive
•
Adverse visual impact of greater hardstanding
•
Loss of residential amenity
•
No privacy for future residents
•
Insufficient curtilage space
•
Set an unacceptable precedent
•
Progressive unacceptable changes
•
Policy objections
•
Non-planning reasons (loss of value)

## •

Recommendation: Refuse permission:
Over-intensive development
Inadequate amenity space for existing and proposed dwellings
Inadequate levels of amenity for existing and proposed dwellings
•
1 6 FEB 2006
I
.011/ 2-/Or, pLII2>O.

ACKNOWLEDGEMENT;
REPLY;
FILE ALLOCATION:
COPtEDTO:

MCGrandy
Fawnsdale
YeldRoad
Bakewell
Derbyshire

DE451FJ

15th February 2006

Peak District National Park Authority
Aldern House
BaslowRoad
Bakewell
Derbyshire
DE45IAE

For the attention of Chris Thorp Dear Sirs,

## Ref: *Npiddd/1L99/Sss* - So/Sla Burton Edge

Our property shares its western. boundary with the abovementioned properties and we would like to object to the application to relax Condition 2 on the following grounds:

1.
Over-intensive development: The proposal is incompatible and out-of-keeping
with the character ofthis area of Bakewell and is likely to degrade the value of
adjacent properties,
2.
Parking conflicts are likely to arise: the current hard standing and access facing
Yeld Road will be inadequate to allow for manoeuvring vehicles belonging to two
families. This will result in additional on-street parking and potential obstruction
near the junction of Yeld Road and Burton Edge.
3.
Adverse visual impact: Ifadditional hard-standing areas were to be created to
accommodate more vehicles then what little garden there is would become a carpark.
4.
Loss ofamenity: Splitting the existing "back" garden as proposed will create two
very small areas providing little amenity for either property. The resulting
"gardens" being open to Yeld Road will have no privacy and are likely to detract
from the general appearance of the area, which has improved greatly over the last
few years.
5.
Allowing this application could set a precedent in the area for property owners to
create a "wendy house" within a small garden and later selling it off.
I appreciate that past events are not a basis for an objection. Nevertheless I remain very concerned that the Authority has allowed the progressive changes to this development to proceed. The original building has been the subject of incremental "mission creep" that has corrupted the apparent original intention, namely: to create a detached garage with workshop over. Following original construction, the owner ofthe property has been able to manipulate subsequent development, culminating in the current application. If the original application had been to create a two-bedroomed detached house then it seems likely that it would have been rejected. Certainly had this intention been declared at the outset it would have raised more forceful objections from neighbollTs, In consideration of the reasons above I urge you to reject this application.

Yours faithfully, MCGrandy
2, Stanton View Bakewell Derbyshire DE451FS
01629813037
i h February 2006
Mr Chris Thorp Aldern House Baslow Road Bakewell DE451AE
RE: - Application NP/DDD/11 05/1 073
We wish to strongly object to Mr Balls proposal to separate 51 &51A Burton Edge Bakewell, on the grounds that when permission was granted to convert the garage and store into a dwelling (51A), condition No 2 was entered that 51 &
51A would remain one property, which protects us, in the future event of the property being sold or rented out.

With that safeguard in place for us at Nos 1 & 2 Stanton View (Directly opposite)
we saw no reason to object at that time.

If the new proposal was to be granted it would affect us and we are now unable to go back to that period of time to object and Peak Park Planning would be going against its own decision and policy, something we sincerely hope does not occur.

In addition there is insufficient grounds on the property to allow enough ground area for each property and this in turn would create further parking problems on Stanton ViewNeld Road to the existing ones Caused by people from out of Bakewell parking here to go to work in the town, plus visitors to Bakewell parking.

We have already lost some of our view due to this building and we face further problems if the proposal is granted.

We therefore strongly oppose the proposal and hope you keep to your original decision and retain condition No 2.

PE,.\K DtSTRJ.CL~j':'lfl.mRK AUTHORITY
Y
DATE REeD
- 7 FEB 2006
David Rookes ALLOGATW: GROUP
OffiCER
'ACKNOWLEDGEMENT:~
C78/Uz/t REPLY:
f
11 2 0
FILE ALLOCATION:
. I
J
COPIED TO:
1, Stanton View Bakewell Derbyshire DE451FS
8th February 2006
Mr Chris Thorp AldernWay Baslow Road Bakewell DE451AE
RE:- Application NP/DDD/1105/1073
I would like to appeal to Peak Park Planning, to adhere to their original decision on Nos 51 & 51A Burton Edge. to keep them as one property.

Your decision has been made and it was one I did not object to. with condition No 2 in place.

Had I known at the time this decision may be changed in the future. I would have objected in the first instance.

To grant this new proposal would incur further parking problems to the ones we already have on Stanton ViewlYeld road Yours Sincerely E'..I;8!illSTRI(J ~AT:QNtJJ'L5,WltiQlillY'
DATE REC'D
- 7 FEB 2006
B Stevenson AlLOCATED: GROUP
OFFICE
ACKNOWLEDGEME~
O'S/OlJO!. .

REPLY:
FILE ALLOCATION: P. J1/3 0
COPIED TO:

## Bakewe{{Town Counci{

Town Hall, Bakewell, Derbyshire DE45 1BW
Tel: 01629 813525
e-mail: townclerk@bakewelltowncouncil.gov.uk Peak District National Park Authfion~·tyliiiiiaiiWiii.lu Aldern House
11!EAK!l!8JB1CTI!!1!'!W
ALLOCATED :GROUP \J C.

Baslow Road Bakewell DE451AE
OF!'Ir.eR
•
1 5 FEB 2006
14th February 2006
Dear Sir, Below are the observations and comments made by Bakewell To Council at the planning meeting of 13th February 2006 on the planning applic ons received.

.

/Property
Details of proposals
Address
if differentl
~
Temporary Parking on the
margins of the existing
access drive
13'"
2475
12051
PDNPA Y Same
Jan
1183
Aldem House
Baslow Road
Bakewell
APPROVAL RECOMMENDED
Date
Rec.
BWTC
Ref
PDNPA
Ref
Applicant
Proposed two storey
extension of domestic
dwelling
19'h
2476
01061
Mr A Vicari
Same
Jan
0031
Hawthoo/House
Station ,Road
BakeWell
Same
Proposed demolition of
existing pre-fabricated
classroom and erection of
replacement classrooom
APPROVAL RECOMMENDED
I
19th
2477
01061
StAnselms
Jan
0038
§Chool,
:;tanage Road
IBakewell
APPROVAL RECOMMENDEb
19
tn
2478
12051/
Dales Housing
Jan
1226/
Dimple Mill
Hoyle Court
Dagnall Gardens
Bakewell
Replacement of extemal
doors with polyester
powder coated aluminium
doors
/
1
Dimple Road
Matlock
APPROVAL RECOMMENDED
25'"
2479
.01061
Mr & Mrs P
Jan
/0049
Newbould
Construction of new
dwelling
Coombs Road
Bakewell
ic
Variation of condition
relating to hours of
operation (Restaurant)
Marble Works
Rutland Mill
Bakewell

## 10Pm In May, June. July,

5 Vernon Green
Bakewell
APPROVAL R COMMENDED
25
tt
2~0
01061
Status
Jan
./
0052
Investments
.
~i~
Abbeydale Road
Sheffield
IT WAS RESOLVED TO AGREE TO OUTSIDE SERVICE TO

## Bakewell Town Council - Planning Meeting 13Th February 2006 August But With Reservations That This May Be Accompanied By Music Being Played Outside

2SU'
2481
11051
J Ball
51/51 a Burton
Retention of development
Jan
1073
20 Yeld Close
Edge
without compliance with
Bakewell
Bakewell
condition 2 of permission
NP/DDD/1999/555 to allow
occupation of site as 2
separate dwellings
APPROVAL RECOMMENDED

## It Was Resolved To Accept The Following As Emergency Items, The Applications Were Received After The Agenda Was Set Require Response Within The Timescale

| 7"                                             | 2482                   |
|------------------------------------------------|------------------------|
| 01061                                          |                        |
| Dr Bartlett &                                  | Same                   |
| Feb                                            | 0060                   |
| Partners                                       | storage                |
| The Medical                                    |                        |
| Centre                                         |                        |
| Butts Road                                     |                        |
| Bakewell                                       |                        |
| APPROVAL RECOMMENDED                           |                        |
| 7"-                                            |                        |
| 2483                                           |                        |
| 01061                                          |                        |
| All Saints Church                              |                        |
| Same                                           | Renewal of heating oil |
| Feb                                            |                        |
| 0071                                           | South Church           |
| Street                                         |                        |
| APPROVAL RECOMMENDED WITH THE REQUEST THAT THE |                        |
| TANK                                           | BE AN APPROPRIATE      |
| COLOUR TO MINIMISE IMPACT                      |                        |
| SU'                                            |                        |
| 2484                                           |                        |
| 02061                                          |                        |
| Mr&                                            | Mrs A                  |
| Same                                           |                        |
| Listed Building Consent                        |                        |
| Feb                                            |                        |
| 0083                                           | Twelves                |
| 5 Castle Street                                | internal alterations   |
| Bakewell                                       |                        |
| APPROVAL RECOMMENDED                           |                        |
| SU'                                            |                        |
| 2485                                           |                        |
| 02061                                          |                        |
| Mr&                                            | Mrs A                  |
| Feb                                            |                        |
| 0082                                           | Twelves                |
| internal alterations                           |                        |
| 5 Castle Street                                |                        |
| Bakewell                                       |                        |
| APPROVAL RECOMMENDED                           |                        |
| SU'                                            |                        |
| 2486                                           |                        |
| 02061                                          |                        |
| MrT                                            | Foxlow                 |
| Same                                           |                        |
| Proposed extension to                          |                        |
| Feb                                            |                        |
| 0110                                           | The Mullions           |
| dwelling                                       |                        |
| Baslow Road                                    |                        |
| Bakewell                                       |                        |
| APPROVAL RECOMMENDED                           |                        |
| 8"                                             |                        |
| 2487                                           |                        |
| 02061                                          |                        |
| Mr & Mrs                                       | RT                     |
| Same                                           |                        |
| Extension to eXisting                          |                        |
| Feb                                            |                        |
| 0088                                           |                        |
| Schofield                                      | dwelling               |
| Sandringham                                    |                        |
| 6 Haddon Drive                                 |                        |
| Bakewell                                       |                        |
| APPROVAL RECOMMENDED                           |                        |
| 8"                                             |                        |
| 2488                                           |                        |
| 01061                                          |                        |
| Tamsin Brooks                                  |                        |
| Unit 7                                         |                        |
| Change of use from B1/B2                       |                        |
| Feb                                            |                        |
| 0034                                           |                        |
| Hollyhurst                                     | Deepdale               |
| Office to                                      | D1                     |

## Approval Recommended

I trust this meets with your approval Yours faithfully,

## Derbyshire

PLS/NJP/FC

## District Council

Mr. N.J. Parker
01629 761332
01629761163
planning@derbyshiredales.gov.uk Our ref:
Your ref:
Enquiries to: Direct Lines:
Facsimile:
E-mail:
24th February 2006
Peak District National Park Authority, Aldern House, Baslow Road, Bakewell, Derbyshire, DE451AE.

## - Dear Sirs, Consultation Responses From Derbyshire Dales District Council

The following applications are to be recommended for approval subject to no overriding objections being raised by the Highway Authority.

For the avoidance of doubt, whilst the District Council would not object to amendments to design or materials, or conditions regarding landscaping matters where appropriate, it would not support a refusal of the principle of the applications listed.

| Retention                                        |  of   |
|--------------------------------------------------|-------|
| Development Without Complying with Condition     | No.2  |
| on NP/DDD/1199/555, 51/51a Burton Edge, Bakewell | forJ. |
| NP/DDD/11 05/1 073                               |       |
| (Bakewell)                                       |       |
| NPIDDD/1105/1.147                                |       |
| (Curbar)                                         |       |
| Erection                                         | of    |
| PVCU Conservatory to Rear                        | of    |
| The Bent, Curbar for Mr. Irvine                  |       |

## E

NPIDDD/1205/1177
(Baslow & Bubnell &
Chatsworth)
Improvements to Site Access Road, Including Construction of New
Lay-By's,
Chatsworth
Caravan
Club
Site,
Chatsworth
for The
Caravan Club
NP/DDD/1205/1196
(Tideswell)
Erection of Agricultural Building for Agricultural Use, W. Shirt & Son,
Holmelacy Farm, Tideswell for W. Shirt & Son
NP/DDD/1205/1200
(Ashford)
Listed
Building
Consent
-
Reinstate
Previously
Demolished
Chimney Stack to Same Design and Size of Existing Chimneys at
the Property and to Add Glazing Panels to Front and Rear Doors,
Old Elms, Vicarage Lane, Ashford-in-the-Water for A. Middleton

## Dave Brooks Bsc (Eng), Msc (Econdev), C.Eng, Mice, Mcmi, Mied, Head Of Planning And Development Services

For general enquiries telephone 01629 761100 or visit www.derbyshiredales.gov.uk Information communicated to the District Council may be disclosed to the public under the Freedom of Information Act 2000
David Harvey Director of Environmental Services County Hall Matlock Derbyshire DE4 3AG

## I~ ~ Derbyshire County Council Improving Life For Local People

Telephone (0162fl) 580000
Extension
7644
Ask for Paul Froggatt Our ref NWD/PFNC/15140
Your ref NP/DDD/11 05/1 073
Date
3 February 2006

•
Mr J Davies
Head of Development Control
Peak District National Park Authority
Aldern House
Baslow Road Bakewell
•
Derbyshire
Dear Mr Davies

## I Proposed Retention Of *Development* Without Compliance With Condition 2 Of Permitted Application Npiddd/1999/555 - *51/51A* Burton Edge (N/C) Bakewell

I refer to the above application which was received by this Authority on
27 January 2006 for highway comments.

I
note from my files that application number NP/DDD/1999/555
was commented on by this Authority on 17 January 2000, and no objections were raised in principle from a highway safety viewpoint provided that the proposed car parking area was constructed prior to occupation of the dwelling.

The decision to grant this application was made, according to my files, on
26 January 2000, with Condition NO.2 being that the accommodation shall be ancillary to the residential use of No. 51
Burton Edge and shall not be occupied as an independent dwelling.

On the application form, the applicant. has stated that there are currently two car parking spaces within the site curtilage and intends to create three additional spaces?

However, I presume the applicant intends to create one additional space, making a total of three spaces, can this be confirmed?

Access to the *above* site is off Upper Yeld Road, which is unclassified highway with a 30 mph speed limit. Visibility from this access is satisfactory in both directions and therefore, if I am correct in presuming there will be three car parking spaces in total within the site curtilage and *given* the proposed conversion is for a one bedroomed dwelling, the Highway Authority would not wish to object to the proposals in principle, subject to the previous condition the Highway Authority asked to be appended to any consent in the best interests of highway safety (Condition 3 on the decision notice on 26 January
2000).

Yours sincerel Tel: 01629 816200
Fax: 01629 816310
E-mail: aJdem@peakdistrictorg

Web: www.peakdistrictorg
Minicom: 01629 816319
Aldem House. Baslow Road. Bakewell. Derbyshire. DE45 lAE
                                                                                                             -
                                                                              NATIONAL PARK AUTHORITY

To:
J Ball
51 Burton Edge Bakewell Derbyshire DE45 1FQ
THIS NOTICE RELATES TO PLANNING CONTROL ONLY, ANY OTHER STATUTORY CONSENT
MUST BE OBTAINED FROM THE APPROPRIATE AUTHORITY

## Town & Country Planning Acts & General Development Order

In pursuance of the powers vested in the Peak District National Park Authority under the above Acts and Order, and with reference to your application for full planning permission, details of which are as follows:
Office Code No.

Date received: Proposal:
Location:
Parish:
NP/DDD/1199/555
26 November 1999
Conversion of garage to additional liVing accommodation
51 Burton Edge Bakewell

## The Decision

NOTICE IS HEREBY GIVEN THAT PERMISSION FOR THE PROPOSED DEVELOPMENT in the manner described on the application and shown on the accompanying plans and drawings is GRANTED subject to the following conditions:

1.
The development hereby permitted shall be begun within 5 years from the date of this permission.
3.
The premises, the subject of the application, shall not be taken into use until the proposed
modified residentlvisitor parking area has been provided within the site curtilage in accordance
with the relevant application plan, laid out and constructed
with a solid bound material (ie not
loose chippings), all to the satisfaction of the National Park Authority; the facility being maintained
in perpetuity free from any impediment to its designated use.
2.
The accommodation hereby approved shall be ancillary to the residential use of 51 Burton Edge
and shall not be occupied as an independent dwelling.
The existing dwelling and the garage
conversion shall be maintained as a single planning unit.

## Reasons For Conditions:

1.
To comply with Sections 91, 92, and 93 of the Town and Country Planning Act 1990 (which
requires the National Park Authority to reconsider the proposal afresh after a period of years).
2.
The accommodation is considered to be unsuitable for independent occupation because of its
relationship with the existing property.
3.
In the interests of highway safety.
~6 JAN 2000
Signed Authorised oliJ;1O?the

## Bryan 1. Hc1(A) Np/Dodi '; '. U:> •0 73

Policy HC1(a) permits residential development where it is the conversion of an existing building of traditional design and materials, in accordance with policy C3.

To some extent this seems the wrong policy to use because the building has already been converted to residential use. It could perhaps be argued, however, that the application is for a single dwellinghouse, which is "residential development".

If you had been considering an application for a separate dwelling under HC1 (a) without the intervening step of conversion to an ancillary building, would the garage have been an
"existing building of traditional design"?

Would you have permitted an application for the garage to be used as a separate dwelling?

To do so would set a terrible precedent.

I
suspect that the answer to that would have been "no" and I don't think that the fact that conversion works have taken place as an intermediate step changes the position.

I note that the explanatory notes to HC1 (a) in the local plan talk about "traditional farm and other buildings often make a valuable contribution" to settlements ..... I don't know what criteria you use to determine '1raditional design" but it seems to me unlikely that this building makes a valuable contribution as is envisaged by the policy.

What is clearly relevant is that Policy LH6 only allows conversion of outbuildings if the new accommodation would remain under the control of the occupier of the main dwelling.

This must have been for a good policy reason (although I'm not exactly sure of the rationale).

My conclusion is that it is clearly arguable that this is not a case where the development would comply with Policy HC1(a).

## 2. 573

With regard to s73, as you know the resulting permission stands as an entirely separate planning permission.

It is not clear whether this allows a s106 agreement to be required, although I see no reason why it cannot if it is clearly necessary to allow the ancillary condition to be removed.

I think that if you feel that local needs is an option you can raise the issue with the agent as part of the s73 application. The alternative would be to determine the s73 and sllggest they make a fresh planning application.

BP
7/12/05

## Highways Comments Notice Of Planning Proposal

J Ball

AN APPLICATION HAS BEEN MADE BY :

FOR:
Retention of development without complying
with with condition nO.2 on NP/DDD/1199/555
AT:
51/51 a Burton Edge
Bakewell
PARISH:
Bakewell
Standard Site Notice

REASONS FOR ADVERT:

| NP/DDD/11          |  05/1   |
|--------------------|---------|
| OFFICE CODE NO     |         |
| :                  |         |
| P FILE             | NO:     |
| 03/0212006         |         |
| ADVERT START DATE: |         |
| 24/02/2006         |         |

## Comments To Be Received By :

A copy of the application and the plans may be inspected during office hours for the next 21
days following the date of this notice at the National Park Authority Office.

A copy has also been sent to the District 1 Borough council and parish council 1 meeting for comment.

If you wish to make any comments please write to the National Park Authority Office before the expiry date, please note the authority now permits members of the public and consultees to address its committees, including those which determine planning applications. Please contact Committee Services if you require details.

01629816200 01629816310
devcon@peakdistrict.gov.uk www.peakdistrict.org Tel:
Fax:
Email:
www:
Head of Development Control Peak District National Park Authority Aldern House, Baslow Road, Bakewell Derbyshire DE451AE
ILJuUJ
NP'.....---
Tel: 01629 816200
Fax: 01629 816310
ERmail: aldcrn@pt:akdistricl.gov.uk Web: www.peakdistrict.org Minicom: Ot629 816319
Aldern House, Baslow Road, Bakewell, Derbyshire, DE45 IAE
~--------
NATIONAL PARK AUTHORITY
Your ref:
Ou"et DC1,2/KZ1
Date'
07 November 2005
AR Yarwood Wheatley Barn Wheatley Road Two Dales Darley Dales Matlock Derbyshire DE42FF
Dear Sir Re:Retention of development without complying with with condition no.2 on NP/DDD/1199/555 at 51/51a Burton Edge, Bakewell Unfortunately, the information supplied is not adequate for proper consideration of the application' and I
am therefore requesting the following from you, Please provide 4 copies of an Ordnance survey based site plan at a scale of 1:2500, outlining the application site in red and any adjoining land owned by the applicant in blue, the plan must be no smaller than A4 in size,
'
Yours faithfully Karen Zubertowski Administration Officer Development Control
"Under Article 4 of the Town and Country Planning (Applications) Regulations 1988, the Peak District National Park Authority as a local planning authority is entitled to ask for such drawings and other information as are necessary for the determination of an application.

Holder of Council of Europe Diploma

Directors: Conservation & Development John lomas
                                                           Corporate Resources & Monitoring Officer: Ruth Marchington
                Directors: Recreation & Education: John Thompson
                                                                           National Projects: Ken Parker

..... ",..... C;"~.... ~n
                                                    r\f~,~.......
                                                                                0 .......... c:" .......,

Fax: 01629 816310
E-mail: aldem@pcakdistrict.gov.uk Web: www.peakdistrict.org Minicom: 01629 816319
Aldem House. Baslow Road. Bakewell. Derbyshire. DE45 1AE
Your ref:
Ourret DC1.2/KZI
Oat.:
07 November 2005
A R Yarwood Wheatley Barn Wheatley Road Two Dales Darley Dales Matlock Derbyshire DE42FF
Dear Sir Re:Retention of development without complying with with condition no.2 on NPIDDD/1199/555 at 51/51a Burton Edge, Bakewell Unfortunately, the information supplied is not adequate for proper consideration of the application" and I
am therefore requesting the following from you.

Please provide 4 copies of an Ordnance survey based site plan at a scale of 1:2500, outlining the application site in red and any adjoining land owned by the applicant in blue, the plan must be no smaller than A4 in size, Yours faithfully Karen Zubertowski Administration Officer Development Control

## 'D5 ~ \'Lfwl~ ~Co\Es0

CcP'1 Of1Ul S~
l7/bIIDb( (aPIEf> :.f-
&NI CU"l'\t>Df'\'-1
ntt:>\\Oc"
Member ofthe Association of National Park Authorities Holder of Council ofEurope Diploma

                                  Chief Executive: Jim Dixon
Directors: Conservation & Development: John Lomas
                                             Corporate Resources & Monitoring Officer: Ruth Marchington
            Directors: Recreation & Education: John Thompson
                                                         National Projects: Ken Par1<er

Chief Finance Officer: Peter Swaby

Working together to care for a living landscape for everyone

Tel: (01629) 816200 Fax: (01629) 816310 Minicom: (01629) 816319
e-mail: aldern@peakdistrict-npa.gov.uk Web: www.pcakdistrict.org Aldern House VAT. No. GB 1272481 78

|                                      |            | Tax      |  Point   |
|--------------------------------------|------------|----------|----------|
| Our                                  | Ref        | Your     | Ref      |
| Ale                                  | No.        |          |          |
| 03/11/2005                           |            |          |          |
| BALL                                 |            |          |          |
| PLAN50                               |            |          |          |
| -                                    |            |          |          |
| .                                    | . .. _     |          |          |
| ·~_··M"'·                            | ~          |          |          |
| __                                   |            |          |          |
| Description                          | Unit Price | Discount | Total    |
| Planning Fee - Removal of condition, |            |          |          |
| 51/51a                               |            |          |          |
| 265.00                               | 265.00     |          |          |
| Burton Edge,bakewell                 |            |          |          |
| chq                                  |            |          |          |
| 265.00                               |            |          |          |
| 0.00                                 |            |          |          |
| 265.00                               |            |          |          |

## Paid With Thanks Peak District National Park Authority

# Roger Ya~~~~ 11P4R~;' ~~Lpj[ Chartered Town Pllanner Wheatley Baro. Wheatle Road. Two Dales, Matlock, De42Ff Tele Hone:

Fax:
: ffAK DISffilCTNADONALfAllKAYTHORITY
ALLOCATED :QRDUP 0
- 3 *NOV* 2U05
Peak District National Park Authority Aldern House Baslow Road Bakewell DE451DS
31 October 2005
Dear Sir Removal of Condition - *51/51a* Burton Edge, Bakewell My client, Mr Ball, has been attempting to sell the above site as a single property, at a price that reflects the restrictive terms of the planning permission, but, as confirmed by the attached letter from his selling agents, no purchaser has been found.

I am therefore submitting a planning application for the retention of the converted garage, granted permission for use as living accommodation on 26 January 2000
under code *NPIDDD/1199/555,* without compliance with condition number 2. This will enable the 2 dwellings to be marketed separately, each at a more affordable price.

The planning considerations, which gave rise to the imposition of this condition, can readily be overcome by three measures. Firstly, the provision of fixed obscure glazing to the west facing first floor window, which serves only a storage area, secondly, the enlargement of the hardstanding to provide an additional parking space and, thirdly, the provision of a 2 metre high boundary fence between the dwellings on the site.

These measures will ensure that each dwelling has satisfactory amenity space and parking facilities and there is no loss of privacy arising from overlooking.

## Np*Idod/* 1105 1073 Sales And Lettings

--&>.. ".0:; [tifT IYAlIQNALfABk j ,-\LLfJCATED :GROUP
~
,"I""~\r-r:.q
:~~i:!b
- 3 NOV 2UU5
i
! ACKNOWLl:::UGl:.MENT:
," Hfh,V
24th September 05
.II ·'Lf .'LLOCATION,
. GOPIE"O..;T.;;O,;,,'-------__.J
To Whom It May Concern:

## Re: 51 And 51A Burton Edge, Bakewell

We write to confirm that the above properties have been on the open market since
24/06/05, with an asking price of£249,950.

During the period it has been on the market we have had 4 viewings on the properties, and no offers.

In our opinion the properties would be better split and sold as two separate dwellings.

Should you require any further information please do not hesitate to contact us.

Beechwood Lettings Limited
7 Matlock Street, Bakewell, Derbyshire DE4S 1EE
e-mail:
website: VWI/W.beechwDodresidential,co.uk
- 3 NOV 2U05
Please read the guidance notes before you fill in anYIll$l~~~~~
Please send four completed copies of this form and fourcopies of the plans to the Peak District National Park Authority, Aldern House, Baslow Road, Bakewell, Derbyshire DE45 1AE.

## Part 1

1
Applicant (BLOCK CAPITALS PLEASE)
Agent (if any) to whom - correspondence should be sent (BLOCK CAPITALS PLEASE)
~
,~l'\l-L

'2.0 'I f: L.-i)
c-t..orl?
Address WIiCll.TLe'( 1J~ i ~\-I.Cl\-n£..... (C~

1) AL-€J - cV\ WI LQ<'..(C, 1) (K15'IfH I fl..G

## Proposals For Which Permission Is Sought - 2.

a.
Full address or location of the land to which this
5\ /51 "-- "B <A C2--To N
tDCjI::

| application relates and site area (hectares   |  or                |
|-----------------------------------------------|--------------------|
| n,                                            |                    |
| R\~~€.L'-                                     |                    |
| ,                                             |                    |
| 1)~4'5                                        |                    |
| I                                             | f'GL               |
| acres)                                        |                    |
| O·                                            | 0'3                |
| Iv>                                           |                    |
| I                                             |                    |
| b,                                            |                    |
| Brief                                         | particulars        |
| ~E:T~loN                                      |                    |
| O~                                            |                    |
| llaJ                                          |                    |
| ELo<><,,<;~T                                  | ~                  |
| 11'\-1"                                       | u..T               |
| I                                             |                    |
| including                                     | the                |
| andlor                                        |                    |
| Co                                            |                    |
| r<l                                           |                    |
| f'LI                                          |                    |
| ~c..~                                         |                    |
| '--"'\11--\                                   |                    |
| G:>",»                                        |                    |
| ,T,t:>N                                       |                    |
| 2-                                            |                    |
| ,,<,                                          |                    |
| buildings                                     | aiB                |
| ,                                             |                    |
| \?                                            |                    |
| o<-.{")                                       | \                  |
| rJ                                            |                    |
| I'                                            |                    |
| N                                             |                    |
| Nt"                                           |                    |
| \i)MII"\'-I'l                                 | \                  |
| 1<>                                           |                    |
| i\1-LOc,..,:)                                 |                    |
| c:rc.e.                                       |                    |
| v..p                                          |                    |
| l'ITluN                                       |                    |
| o't                                           |                    |
| SI'TE;                                        |                    |
| f\S                                           |                    |
| 7-                                            |                    |
| S'C(?~PlT£                                    |                    |
| -:D~<i::LLJ                                   |                    |
| r-->c:;..\'                                   |                    |
| c.                                            |                    |
| State                                         | whether            |
| 'I!e5INo                                      |                    |
| adjoining-land,                               | if                 |
| !                                             |                    |
| in blue on submitted plans                    |                    |
| i                                             |                    |
| d.                                            |                    |
| State Whether the proposal involves:          |                    |
| I                                             | New building(s)    |
| >¥m/No                                        |                    |
| If                                            |                    |
| residential development, state                | number             |
| units                                         | proposed           |
| and                                           | type               |
| If                                            |                    |
| known                                         |                    |
| eg,                                           |                    |
| houses,                                       |                    |
| bungalows, flats                              |                    |
| ii                                            |                    |
| Retention                                     | of                 |
| :#ea/No                                       |                    |
| I                                             |                    |
| iii                                           |                    |
| Alteration                                    | or                 |
| "-/No                                         |                    |
| iv                                            |                    |
| Change                                        | of                 |
| '#wINo                                        |                    |
| v                                             |                    |
| Construction of a new accesS                  | to                 |
| a                                             |                    |
| vehicular                                     |                    |
| "/No                                          |                    |
| highway                                       |                    |
| pedestrian                                    |                    |
| 'AHl/No                                       |                    |
| vi                                            |                    |
| Alteration                                    | of                 |
| an                                            | existing           |
| "INa                                          |                    |
| highway                                       |                    |
| pedestrian                                    |                    |
| 'lIIeINo                                      |                    |
| vii                                           |                    |
| Removal                                       | of                 |
| ~.                                            |                    |
| If                                            |                    |
| Yes,                                          |                    |
| give                                          | date and reference |
| ~                                             |                    |
| i1C\«I,fS-                                    |                    |
| viii                                          |                    |
| Mineral                                       | working            |
| Vw/No                                         |                    |
| ix                                            | Waste disposal     |
| Y4!lIl/No                                     |                    |
| "                                             |                    |
| \                                             |                    |
| Other operations                              |                    |
| x "                                           |                    |
| 'l!:lii;/No                                   |                    |

## I. Particulars Of Application

| Are                         |  y,?u      |  applying       |  for:      |
|-----------------------------|------------|-----------------|------------|
| I                           |            |                 |            |
| Full                        | planning   | permission      |            |
| ii                          |            |                 |            |
| Outline planning permission |            |                 |            |
| NPIDIJDI                    |            |                 |            |
| 1                           |            |                 |            |
| 105 10 73                   |            |                 |            |
| -..tNo                      |            |                 |            |
| ~                           |            |                 |            |
| If                          | Yes,       | tick            | the Items  |
| approval                    |            |                 |            |
| In                          | this       | application:    |            |
| 1.                          |            |                 |            |
| Siting                      |            |                 |            |
| 0                           |            |                 |            |
| 3.                          |            |                 |            |
| Extemal                     |            |                 |            |
| 0                           |            |                 |            |
| appearance                  |            |                 |            |
| 2.                          |            |                 |            |
| Design                      |            |                 |            |
| 0                           |            |                 |            |
| 4.                          |            |                 |            |
| Means                       | of         |                 |            |
| 0                           |            |                 |            |
| access                      |            |                 |            |
| 5.                          |            |                 |            |
| Landscaping                 |            |                 |            |
| 0                           |            |                 |            |
| Approval                    | of         |                 |            |
| reserved matters            | following  | the grant       |            |
| ¥t!J;/No                    |            |                 |            |
| iii                         |            |                 |            |
| of                          | outline    | permission      |            |
| ~                           |            |                 |            |
| If                          | Yes,       | state           | the        |
| pennission                  |            |                 |            |
| Date                        | Number     |                 |            |
| NPI                         |            |                 |            |
| Renewal                     | of         | a temporary     | permission |
| Iv                          |            |                 |            |
| ~                           |            |                 |            |
| If                          | Yes,       | state           | the        |
| permission                  | and        | identify        | the        |
| Date                        |            |                 |            |
| 2G                          | 101        | 11=0            |            |
| Number                      | NP/:!>llD  |                 |            |
| Ilct9"11                    |            |                 |            |
| n",                         |            |                 |            |
| permission                  | for        | retention       | of         |
| continuance                 | of         | use             | without    |
| condition SUbject           |            |                 |            |
| to                          | which      | planning        | permission |
| has been granted            |            |                 |            |
| The                         | condition' |                 |            |
| ~                           |            |                 |            |
| 0                           |            |                 |            |
| 2.                          | '          |                 |            |
| 4.                          |            |                 |            |
| Please                      | state      |                 |            |
| I                           |            |                 |            |
| Present use                 | of         | buildlngsnandj) |            |
| l-:liJ..l..llI.l1           |            |                 |            |
| Ii                          | If         | vacant, tl)e    | last       |

## .~==========================================~ 5, Additional Information

| a.                                | Materials:            |  Existing       |  ..                 | Roof     |
|-----------------------------------|-----------------------|-----------------|---------------------|----------|
| Wall                              |                       |                 |                     |          |
| Proposed..                        | -,-,R",oo,,-f'-----t  |                 |                     |          |
| --t'<                             | ...                   |                 |                     |          |
| 'h:<---'<':::t--\-f-~;::-------_j |                       |                 |                     |          |
| Wall                              |                       |                 |                     |          |
| 5'                                |                       |                 |                     |          |
| ~                                 |                       |                 |                     |          |
| ...,No                            | If                    | Yes, please     | complete            |          |
| extra                             |                       |                 |                     |          |
| form                              | b.                    |                 |                     |          |
| Is                                |                       |                 |                     |          |
| the                               | application           | for             | industrial, office, |          |
| warehouse,                        |                       |                 |                     |          |
| storage                           | or                    | shopping        | purposes?           |          |
| If                                | Yes,indlcate          | their           | position            | on       |
| felling                           | of                    | any             | trees?              |          |
| d.                                | i                     | How             | will                | surface  |
| ea                                | mains, soakawav. etc. |                 |                     |          |
| II                                |                       |                 |                     |          |
| Is                                | this                  | system          | existing            | or       |
| Existing                          |                       |                 |                     |          |
| I                                 |                       |                 |                     |          |
| Pr                                |                       |                 |                     |          |
| i                                 |                       |                 |                     |          |
| !                                 |                       |                 |                     |          |
| iii                               |                       |                 |                     |          |
| How                               | will                  | foul sewage     | be                  | dealt    |
| mains,                            |                       |                 |                     |          |
| septic                            | tank,                 |                 |                     |          |
| etc.                              |                       |                 |                     |          |
| Iv                                | Is                    | this            | system              | existing |
| Existing                          |                       |                 |                     |          |
| I                                 |                       |                 |                     |          |
| P                                 | ..                    |                 |                     |          |
| ,.!                               |                       |                 |                     |          |
| ad                                | -If                   | proposed        | piesse              | mark     |
| 'I!lollfNo                        | If                    | Yes,            | indicate            | on       |
| e.                                | Are there any         | public          | rights              | of       |
| site?                             |                       |                 |                     |          |
| f.                                |                       |                 |                     |          |
| How                               | many                  | vehicle parking | spaces              | do       |
| to                                | proVide?              | .               |                     |          |
| Existing                          | spaces                | within          | site                |          |
| 2-                                |                       |                 |                     |          |
| New                               | or                    | additional      | spaces 3            |          |
| g.                                |                       |                 |                     |          |
| Are                               | there                 | any             | bUildings           | to       |
| If                                | Yes, please           | indicate        | positions           | on       |
| .                                 |                       |                 |                     |          |
| Fee                               |                       |                 |                     |          |
| Slate                             | the                   |                 |                     |          |
| amount                            | of                    | fee             | submitted           | with     |

## 6. Liwe Apply For: (Tick Appropriate Box)

~ a,
Planning permillsion to carry out the development described in this application and the attached plans, and
in accordance therewith.
o
b.
Planning perm~ionto retain buildings or works alf\llldy constructed or carried out, or a use of land already
instltu1ed as described on this application and the attached pians.
.
o
c.
Approval of details of such matters as were reserved in the outline permission specified herein and are
described in this application and the attached plans.

lIWe understand that this is·an application for planning permission only· and not for any other form of a~~lication which may be required.

.i On behalf of
<..!. 1?> l'\ L-L.-
Data ~ Sig
(insert applicant's name If signed by an "agent)
Town and Cou ry Planning (General Development Procedure) Order 1995
Certificate under Article 7
Certificate A
I certify that:-
on the day 21
days before the date of the accompanying application nobody, except the applicant, was the owner (a) of any part of the land to which the application relates.

## This Must Be Completed In Every Case Agricultural Holdings Certificate Instructions

One of the following alternative paragraphs must form part of this certificate.

(a) "owner"
means a person having a freehold Interest or a leasehold interest, the unexpired term of which is not less than
7 yearS.

If the site is not part of an agricultural holding cross out the 2nd paragraph and sign and date the form.

If it is part of an agricultural holding, firstly cross out the 1st paragraph.
                                                                                                        Secondly is
there a tenant?
                       If no, enter 'not applicable' in the space allowed on the form for the
applicant's name, address and date of service of Notice, then sign and date the form.

ff yes, enter their name, full postal address where you have served the Notice and date
you served the Notice on them, then sign and date the form.
                                                                                        You need to use the Notice
attached to Certificate B.
                                       Complete it and serve it on the tenant.
                                                                                                    You can serve the
Notice· by either handing it to the tenant in person or by post.

, None of the land to which the application relates is, or is part of, an agricultural holding.

or,

~"'~y my/him/her'
   an agricultural

Tenant's name Address at which notice was served Date on which notice was served

··..··..·····.. ····.3··\··I·~.. !·~··5.··· ..··....·
··..····..·· .

* Delete where inappropriate
0 Crown ("opo.T'¢1I:!OOo All ngt1l5 (rliCtHJ(1 1.•«nU llumbel lOOO2OJ4Q PInned Scalf
1 2500
This map was created with Promap nLlOCATED CiAOUP
LlFFI("Fq I
l DATE
! AEC"O
- 3 NOV 2UU5
1ACKNnWLEOGEMENT:
FIlt:. ALLOCATION:
COPIEO TO:
t RFI'1 Y
l
-
1051073

## 52/06 2. Neighbouring Authority Consultation - Proposed Extensions To, And Continuation Of Extraction And Processing At Brassington Moor Quarry, Near Longcllffe, Derbyshire, Application Code No. Cm3/1205/156 A93128/Apb

Clr rs B J Wilson declared a personal, non-prejudicial interest as a melJlber of Derby ~e County Council and a prejudicial interest as LongCliffeZQuarries employed a relation.

he therefore left the room.

RESOLVED:
That the Authorit ecommends that the application should/be REFUSED on the basis of adverse im ct upon the landscape and uncertainties over phasing and restoration proposals, nd that alternative met/hOdSof working, phasing and landscaping of the dev opment are available that are less damaging to the landscape setting of the Na i~al Park.

## 53/06 3. Application For Hazardous Substances Consent, Fine Grinding Lto, Near Eyam *(Hazl05/1,* P391 'Tt.Ihi /

Mr D Hollis, the applicant's Health and~f ~ representative, was present to answer Members' questions.

In response to Members' queries Mr ollis state that all materials were now stored inside and under cover.

"'"
The Minerals Team Manager re orted that the apPlication"ha~ee~ made due to advice from the Health and Safety EJ<ecutive and that it was a speclf~c application to which normal planning condition~lould not be attached.

It was agreecf'.that a letter could be sent to the applicant req esting enhancement of the site.

RESOLVED:
That the appli tion be APPROVED and added to the Authority's r gister of Hazardous S
stances Consents, subject to the following conditions:
'\.

1.
T
maximum quantity of the material 'recovered cryolite' processed\nd
ored on site at any time shall not exceed 800 tonnes.
\
2.
The Authority shall be notified of any proposed changes to the sources of\
supply, the quantities stored or the nature of the processing of the material
'recovered cryolite' at the site,
54/06

## 4, Full Application - Retention Of Development Without Complying With Condition 2 On *Np/Ddd/1999/0555* To Allow Occupation As Two Separate Dwellings, 51 Burton Edge, Bakewell (Np/Ddd/1105/1073,

f-1113017.11,05, 421455/367716/CP
•
Clr Mrs J A Twigg declared a personal, non-prejUdicial interest in this item as she knew the applicant.

Mr Ball, the Applicant, spoke in favour of the application.

In response to Members'
queries he stated that he would be willing to accept a local occupancy condition.

The Head of Development Control stated that the previous consent for the garage to be turned into living accommodation was for ancillary accommodation only.

A motion for refusal, on the grounds of over intensification and property not being for sale long enough, was moved and seconded.

An amendment to the motion for a site visit to assess the impact of the proposal on the area and amenity was then proposed and seconded. This was voted on and accepted.

The motion for a site visit was then voted on and carried.

## Resolved:

That consideration of the application be deferred pending a site visit to asses he impact of the proposal on the area and amenity, Clr Mrs J
Twigg declared a personal, non-prejudicialzinteres In this item as she knew the objecto who had given notice to speak.

It was reporte that a fax had been received from A Walker of Conifer Cottage, Bagshawe Hili, akewell, dated 20 April 2006, expre§sing concerns of local residents and this was sum arised for the Committee.

/

## 55/06 . Full Application - Proposed Demolition Of Pre-Fab C Assroom A D Erection Of Replacement Permanent Classr M At St. An Lms School Stanedgerd Bakewell Np/Ddd/O 610038 P4911 17.01. 6 421380/368714/Aln

It was also reported t t a petition against the P;;-IiCation had been received, containing
74 signatures of reside s of the area.

"
oke against e application.

He alleged that the application ownershi , submitted with the application, had the wrong Mr R Bridge, an objector, was void as the certificate name on it.

Mr I Bourke, St Anslems School
. ance Director, spoke in favour of the application.

In view of the allegation rega din the ownership certificate a motion for deferral to clarify the situation was prop,6sed a d seconded.

However the Officers stated that the Agent had submitted the certificate 0
behalf of the applicants and as far as they were aware the applicants own~d the land elating to the planning application.

They also stated that it was the aPf~cant's respons' ility to ensure the certificate was correct.

The motion for deferriwas then voted on D t lost.

The Head of Devel~mentControl emphasise that the application was for replacement of a temporary bufiding with some upgrading an~ot an expansion.

The recomm7
£ation for approval subject to conditions was moved and seconded.

It was agreed to add conditions covering submission\>f a green travel plan and use of renewable e~ergy where possible and to strengthen n~ ommendation 2. The motion for approval wJs then voted on and carried.

## Resolv/D:

1.
T:~at the application be APPROVED subject to the fo lowing conditions:
(;)
Adopt 'me""'" p'",'
~
;:::)
:::i:nt::t:ii,: 'Hardrow' tiles to match or natural blue ~