Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council i

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision Site visit made on 3 September 2025 by L N Hughes BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 20 October 2025 Appeal Ref: APP/P1045/W/25/3363697 Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne DE6 2DH • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mrs C Potter against the decision of Derbyshire Dales District Council. • The application Ref is 24/00233/FUL. • The development proposed is the erection of 16 dwellinghouses and 2 apartments with associated works. Decision 1. The appeal is allowed and planning permission is granted for residential development comprising the erection of 16 dwellinghouses and 2 apartments with associated works, at Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH, in accordance with the terms of the application, Ref 24/00233/FUL, subject to the conditions in the attached Schedule. Preliminary Matters 2. The application form description cites ‘residential development comprising of 18 dwellings with associated open space, hard and soft landscaping, highways and drainage infrastructure’.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision The appellant subsequently agreed an alteration to ‘the erection of 16 dwellinghouses and 2 apartments with associated works.’ 3. A new Landscape and Visual Appraisal (LVA) was submitted at appeal stage1. The Council considers it cannot reasonably be expected to appraise this, given the time since the decision and potentially material new nuanced issues. However, the sole reason for refusal is landscape harm, and it is commonly accepted that appellants may provide some additional evidence in rebuttal. The Council and interested parties have had the opportunity to comment upon the LVA, and it does not evolve the scheme parameters. As such, in accepting it within the evidence I find no conflict with paragraph 16.1 of the ‘Procedural Guide: Planning Appeals – England’. Main Issue 4. The main issue is the effect of the proposed development on the character and appearance of the area. Reasons 5. The appeal site comprises a broadly rectangular field, with open pastoral farmland to the north and west, and Clifton Road to the east. It lies adjacent to the rear gardens of Doles Lane dwellings to the south, which form the settlement boundary 1 FPCR Environment & Design, December 2024 https://www.gov.uk/planning-inspectorate

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision Appeal Decision APP/P1045/W/25/3363697 of the village of Clifton, identified within the Derbyshire Dales Local Plan (LP) Policy S2 as an ‘Accessible Settlement with some Facilities – Third Tier’. 6. The main parties agree that the Council can only demonstrate a 1.36 year housing supply. The LP Policy S4(i) therefore supports the principle of housing on the appeal site, because it would be development on a non-allocated site on the edge of a defined settlement development boundary of a third tier settlement, in circumstances where there is no 5 year supply. Policy S4(i) reiterates that this is subject to consideration against the provisions of the National Planning Policy Framework ('the Framework') (2024), and other LP Policies, which would include the other requirements of Policy S4. 7. Local residents and the Parish Council suggest this Tier 3 status is under review for downgrading to Tier 4. However, the most up to date emerging Local Plan evidence base document presented to me is the Derbyshire Dales Local Plan Settlement Hierarchy Report (November 2023). This re-evaluates all the settlements, and recommends that Clifton remains in Tier 3.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision Nonetheless, even were Tier 4 recommended, the Report is not part of the adopted development plan, and so holds less weight at present than Policy S4(i). 8. There are no national, local, or other landscape designations across the appeal site and its wider landscape context, or any public rights of way within it or immediately adjacent. The site is identified by the Landscape Character of Derbyshire report as lying within the ‘Settled Farmlands’ Landscape Character Type, characterised by rolling plateaus, pastoral fields, boundary trees, and hedgerows. 9. At long range, there would only be very limited views of the appeal proposal. The site is very visually contained to the north, east, and west by existing boundary hedging and vegetation, and almost all of this would be retained. This would soften the urban form in the majority of views, with further additional tree and hedgerow planting across the site. The site as a whole would retain verdancy, despite the new built form. 10. The dwellings would be set in a cul-de-sac with a new access formed off Clifton Road, and a pedestrian access to Doles Lane along the western side of Hawthorne House.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision The range and types of dwelling would be of a limited style in comparison to the variety of existing dwellings in Clifton, but would not be untoward in a scheme of this size. They would be of traditional style and would reflect the form of the adjacent 2-storey dwellings. The materials palette would be red facing brickwork under plain tile roofs, with eaves detailing and reconstituted stone heads and cills, timber casement windows, and conservation style velux windows. I find that in isolation, their form would be of sufficiently high quality and appropriately set within the local vernacular. 11. The proposed form and layout would also to some extent replicate that of Doles Lane/The Greenacre. It would not be isolated or overwhelm the existing scale and settlement pattern of Clifton. The density and layout would also be internally cohesive and legible. Nonetheless, as a linear expansion of the village along one side of Clifton Road, accessed off the road, it would form a clear ribbon development and encroachment into the countryside. It would also bring built form visually and physically closer to Ashbourne only a few fields away.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision The LVA assesses the overall landscape effects as being Minor Adverse both at completion and by Year 15. https://www.gov.uk/planning-inspectorate 2

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision The LVA assesses the overall landscape effects as being Minor Adverse both at completion and by Year 15. https://www.gov.uk/planning-inspectorate 2

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision Appeal Decision APP/P1045/W/25/3363697 12. Along Clifton Road at close range, the new access would bring an evident change of character from rural to an urban form, albeit with new planting and greenspace in view around it, and with approaches from the north already having a backdrop of existing dwellings. There would be glimpsed views of the rooftops behind the vegetation, although the large trees on the northern boundary and within the site would remain as a focal point. 13. The properties along Doles Lane incorporate only low rear fencing to the appeal site, and thus from the ground floor and gardens enjoy long range views over the field and beyond. These views would be lost, due to the new mixed native hedge which would run along this boundary. Although it is well established that there is no right to a view, the change from agricultural character would be most visually apparent from this direction, with a majorly adverse impact. 14. Overall, I find that the change in character from an agricultural field to one of burban form, and the ribbon style extension of the village, would cause moderate harm to the intrinsic character and appearance of the local landscape and the setting of Clifton.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision It would thus conflict with the LP Policies S4, PD1, and PD5, which together require for new development to be of high quality design that recognises the intrinsic beauty of the landscape, which respects the character, identity and context of the landscapes and townscapes and their setting, and does not undermine the physical separation and open undeveloped character between nearby settlements. Other Matters Living Conditions 15. The Astbury House residents would be most affected by the proximity of new dwellings, as the whole of the property’s width would be spanned by the built form of Plot 13. The new view at relatively close range would be of a blank 2 storey gable end, and a blank single storey rear/side of the garage under a pitched roof. However, the Council is satisfied that the new dwellings would be situated at a sufficient distance so as not to create close overlooking or be overbearing or cause any loss of sunlight. I similarly find that this relationship would not be unduly harmful in terms of outlook or overshadowing. The new hedgerow along this boundary would provide verdancy, and not create an untoward sense of enclosure. 16.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision Stagsfell House residents have objected on privacy grounds, due to the proposed adjacent new footpath to Doles Lane which would be at a much higher ground level. However, this would be bounded by new mixed native hedgerow, which once matured would provide sufficient privacy from pedestrians on the footpath. Their gable end contains no windows, so any passing window views would only be oblique. Some oblique views over the Stagsfell House rear garden are already possible from the existing Hawthorne House windows. 17. Nonetheless, this hedgerow would take time to mature. To account for the need to maximise privacy levels as soon as possible, the landscaping condition therefore requires specific attention to details of this boundary treatment. For example, additional temporary screening may be needed, or the hedgerow could be established with mature plants. Although the residents also suggest that any such fence or hedge would be excessively high when viewed from their property, and also block light, planting in this location by the Hawthorne House owners would be possible in any event. Overall, I find no undue harm to their living conditions. https://www.gov.uk/planning-inspectorate 3

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision Appeal Decision APP/P1045/W/25/3363697 18. Doles Lane residents are concerned that the drop in level from the appeal site down to their rear gardens is not reflected or identified in the plans, such that raised levels on the appeal site will exacerbate the outlook impact of the new dwellings. The Site Sections Plan2 does identify existing and proposed levels, but does not show those across the middle of the site in line with Astbury House and No. 4 Doles Lane. As such, it is appropriate for the landscaping condition to include the requirement for further details of the proposed site levels prior to construction. 19. I have paid regard to the multiple other objections raised by local residents, including matters of highways, drainage, and biodiversity and tree protection. However, although local experience provides valuable input to my considerations, the Council’s officer report considered these matters and found them to be acceptable subject to imposition of suitable conditions, with no outstanding objections from relevant technical consultees. This includes assessment that the Tree Preservation Order trees and highway safety would not be impacted, subject to conditions.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision I thus find no reason to conclude differently on these matters. Housing Mix and Contributions 20. The Council’s Officer Report raised concern that the proposal would depart from the housing mix LP Policy HC11, due to an undersupply of 2 bed and oversupply of 4 bedroom market dwellings. However, the Council concludes that in isolation this would not be sufficient to warrant refusal. The appellant suggests that the mix broadly aligns with HC11 when considering both market and affordable dwellings together, and would provide a diverse range of housing sizes and types to address housing needs. As the proposal would provide a range from 1 to 4 bedroom dwellings, incorporating two apartments, and that Policy HC11 recognises that the final site mix may vary for various reasons, I find nothing before me to indicate that undue harm or policy conflict would arise. 21. The appellant highlights a discrepancy in the required open space off-site contribution figure cited in the Council’s Statement of Case. I am satisfied that this appears to have erroneously double counted the contribution for allotments, and provision for children and young people, as these have already been incorporated within the £6,755.40 for open space. 22.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision Affordable housing is required in order to contribute towards the creation of sustainable, balanced, and inclusive communities. The LP Policy HC4 requires 30% affordable housing, which in this instance would be 5.4 dwellings. The proposal would provide 5 affordable dwellings on-site plus an off-site contribution equivalent to 0.4 housing units, bringing the total to 30%. 23. The completed S106 legal agreement provides a primary education contribution of £60,898.83, an open space contribution of £6,755.40, an off-site affordable housing contribution of £17,887.60, and a monitoring fee of £77 per trigger. I am satisfied that the provision of these measures and financial contributions within the planning obligation are necessary to make the development acceptable in planning terms, are directly related to the development, and fairly and reasonably related in scale and kind. They therefore meet the relevant tests, and align with the requirements of the LP Policy S10 and the Planning Obligations Supplementary Planning Document, and I have given them weight accordingly. 2 2023-2781-40 Rev A https://www.gov.uk/planning-inspectorate 4

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision Appeal Decision APP/P1045/W/25/3363697 24. In order to provide sufficient statutory Biodiversity Net Gain (BNG), an additional 0.82 habitat units would be required of any distinctiveness type. This would be additional to the on-site 51% hedgerow gain. Environmental Trading Platform Ltd specialises in providing matchmaking services for BNG. They have confirmed that sourcing 0.82 habitat units locally as off-site compensation would be realistic and achievable, via a proposal for habitat creation on arable land within the Derbyshire Dales Local Planning Authority area. On this basis, alongside the statutory BNG condition and the imposition of relevant conditions, I am satisfied that sufficient BNG would be provided. Protection for Bats 25. Bats are a European Protected Species, afforded protection under Regulation 9(3) of the Conservation of Habitats and Species Regulations 2017 (as amended). This requires that the competent authority, in exercising any of its functions, must have regard to the requirements of the associated Directive so far as they may be affected by the exercise of those functions. This includes any proposal that might lead to the deterioration or destruction of bat breeding sites and resting places. 26.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision The Courts3 have established that planning permission should ordinarily be granted save only in cases where a proposed development would either be likely to offend Article 12(1), or unlikely to be licensed pursuant to the derogation powers. There remains the duty to have regard to the requirements of the Directive as set out in Regulation 9(1), but the judgement establishes no need for a detailed assessment as to whether there would be any Article 12(1) breach, or whether derogation from that article would be permitted and a European Protected Species licence granted. Nonetheless, I am still required to consider the likelihood of gaining such a license, and adequate mitigation for any potential harm to bats and their roosts. 27. The Bat Survey4 identified a bat roost in the stable building proposed for demolition. The other buildings were identified as having negligible potential for roosting bats, and the one mature tree identified as having moderate roost potential would be retained. The Survey recommended mitigatory bat roosts being placed around the site. The Council’s Wildlife Officer thus requested conditions for an updated bat survey, and a Construction Environment Management Plan. 28.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision By imposing such mitigation measures via conditions, I find that the proposal would not offend Article 12(1). On the evidence before me, I have no reason to doubt that a Natural England mitigation license would be issued. I am satisfied that the mitigation hierarchy has been followed and that there would be no significant harm to the long-term conservation status of bats. Conditions 29. I have imposed conditions which reflect paragraph 56 of the Framework and the PPG, based on the Council’s suggested list. The appellant has confirmed acceptance, including those which are pre-commencement, which need imposition at that stage in order to provide essential protection or mitigation from the effects of construction. The statutory condition (1) will limit the lifespan of the planning permission, and specifying the approved plans will provide clarity for the terms of the permission (2). 3 Morge v Hampshire County Council [2011] UKSC 2 4 FRCR Environment and Design Ltd, August 2023 https://www.gov.uk/planning-inspectorate 5

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision Appeal Decision APP/P1045/W/25/3363697 30. A Construction Method Statement (3) is necessary to limit the potential for noise, nuisance, and disturbance for surrounding occupiers. 31. A Biodiversity Method Statement including provision for swift internal nesting bricks (6), and a Bat Mitigation Strategy (7), will ensure the provision of appropriate habitat compensation and no adverse effect on any protected species. A Habitat Management and Maintenance Plan (8) will secure the effective ongoing management of the created habitat features for a period of 30 years. Other ecological conditions will provide protection and enhancement during construction and beyond; a Construction Environmental Management Plan (4), and protective tree fencing and detailed specification of construction of the footpath area over the root protection areas of trees T11 and T12 (5). 32. Details of hard and soft landscape works (9), site levels (10), and management and maintenance of the landscaped areas and footpaths (12) will provide control over character and appearance, and the impact on living conditions. Details of proposed materials (11) are also in the interests of character and appearance. 33.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision Conditions for details of refuse and recycling storage (13) and cycle parking (14) are necessary to ensure appropriate provision of these necessary facilities, and a travel welcome pack for new residents (15) will assist in promoting sustainable transport. The requirement for construction of internal turning and manoeuvring areas and the Clifton Road visibility splays in accordance with the submitted details (16), will ensure a satisfactory standard of engineering works. Planning Balance 34. The appeal proposal would result in moderate harm to the character and appearance of the area, and thus would conflict with the LP Policies S4, PD1, and PD5. This brings it in conflict with the development plan considered as a whole. 35. However, the parties have agreed that the Council can only demonstrate a 1.36 years housing land supply.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision As such, Paragraph 11(d)(ii) of the Framework requires granting permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole, having particular regard to key policies for directing development to sustainable locations, making effective use of land, securing well-designed places, and providing affordable homes. 36. The Council’s Officer Report refers that despite the lack of a 5 year housing land supply, there are nevertheless substantial allocations, permissions, and new housing provision in the locality, particularly Ashbourne, such that a further 18 dwellings on this site are deemed unnecessary. Many local residents make the same point, with reference to hundreds of nearby dwellings granted permission since the application was refused. Nonetheless, the Council’s overall supply figure, the LP Policy S4(i), and the Framework paragraph 11(d), do not differentiate in this manner with reference to individual areas.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision The suggestion that the dwellings are not needed locally, is therefore outweighed by their very evident need across the District, such that this does not affect my position with regard to the acceptability of the proposal in principle for housing under Policy S4(i). 37. As such, I similarly find under the terms of the Framework that as the site is adjacent to the edge of a defined settlement development boundary of an accessible settlement with some facilities, it would likewise gain support as a https://www.gov.uk/planning-inspectorate 6

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision The suggestion that the dwellings are not needed locally, is therefore outweighed by their very evident need across the District, such that this does not affect my position with regard to the acceptability of the proposal in principle for housing under Policy S4(i). 37. As such, I similarly find under the terms of the Framework that as the site is adjacent to the edge of a defined settlement development boundary of an accessible settlement with some facilities, it would likewise gain support as a https://www.gov.uk/planning-inspectorate 6

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision Appeal Decision APP/P1045/W/25/3363697 relatively sustainable location. It would thus to a partial extent, limit the need to travel, as identified in the Framework paragraphs 109, 110, and 115(a). 38. The Framework as a whole seeks to significantly boost the supply of homes generally, and I give the proposal significant weight in this regard. Its affordable housing provision would also be a benefit, to which I give moderate weight as supported by the Framework paragraphs 63 and 66. There would be moderate economic benefits from construction spending and jobs, and local expenditure from the new residents, and I give this moderate weight. 39. Paragraph 73 reinforces that small and medium sized sites can make an important contribution to meeting housing requirements, and are essential for small and medium enterprise housebuilders to deliver new homes. Paragraph 89 identifies that planning decisions should recognise that sites to meet local community needs in rural areas may have to be found adjacent to or beyond existing settlements, and in locations that are not well served by public transport. I give minor weight to the proposed biodiversity net gain. 40.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision I give moderate weight to the moderate harm to the character and appearance of the area, which conflicts with the Framework paragraphs 135 and 139 which highlights the need to achieve well-designed places, and for development to be sympathetic to local character. 41. Taking the policies of the Framework as a whole, overall, I find that the adverse impacts of granting permission would not significantly and demonstrably outweigh the benefits in this case, most compellingly the benefit of new housing to meet the Council’s overwhelming need for such delivery. Accordingly, the proposal benefits from the presumption in favour of sustainable development as a material consideration under paragraph 11 of the Framework. Conclusion 42. For the reasons given above, and having regard to all other matters raised, I conclude the proposal would result in development plan conflict with regard to its impact on character. However, I find the material consideration of the overall support from the Framework, which indicates that planning permission should be granted otherwise than in accordance with the development plan, to weigh in its favour to the extent of outweighing the development plan conflict and the harm.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — Appeal Decision I therefore allow the appeal.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — L N Hughes INSPECTOR https://www.gov.uk/planning-inspectorate 7 Appeal Decision APP/P1045/W/25/3363697 ***SCHEDULE OF CONDITIONS*** 1) The development hereby permitted shall begin not later than three years from the date of this decision.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — L N Hughes Appeal Decision APP/P1045/W/25/3363697 ***SCHEDULE OF CONDITIONS*** 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following plans; • 2023-2781-04B Location Plan • 2023-2781-40A Site Sections • 2023-2781-23M Site Plan • 2023-2781-39A Landscaping Plan • 2023-2781-40A Site Sections • 2023-2781-25B Plot 1 + 2 Plans and Elevations • 2023-2781-26B Plot 3 + 4 Plans and Elevations • 2023-2781-27B Plot 5 + 6 Plans and Elevations • 2023-2781-28B Plot 7 + 8 Plans and Elevations • 2023-2781-29A Plot 9 Plans and Elevations • 2023-2781-30A Plot 10 Plans and Elevations • 2023-2781-31A Plot 11 Plans and Elevations • 2023-2781-32B Plot 12a + 12b Plans and Elevations • 2023-2781-33A Plot 13 Plans and Elevations 2023-2781-34B • Plot 14 + 15 Plans and Elevations • 2023-2781-35B Plot 16 Plans and Elevations • 2023-2781-36A Plot 17 Plans and Elevations • 2023-2781-07B Garage - Plans and Elevations Plots 9, 10, 11 + 13 3) No development including any works of demolition shall commence until a Construction Method Statement (CMS) has been submitted to, and approved in writing by the Local Planning Authority.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — L N Hughes The CMS shall include the following details: (a) Hours and days of work for site preparation, delivery of materials and construction; (b) Measures to protect vulnerable road users (pedestrians and cyclists); (c) The parking of vehicles of site operatives and visitors; (d) Loading and unloading and storage of plant and materials; (e) The erection and maintenance of any security hoarding; (f) Measures to control the emission of dust and dirt during construction, including arrangements for the provision of wheel washing and road sweeping facilities to minimise the deposit of mud and other similar debris on adjacent highways; (g) A scheme for recycling/disposing of waste resulting from demolition and construction works; (h) Measures to monitor, mitigate and control noise and vibration during the construction period, including the management of complaints; (i) A nominated person who will act as the 24 hour point of contact in the event of any emergencies; (j) The siting, luminance and design of any external lighting to be used during the construction period. The development hereby permitted shall be implemented in accordance with the approved CMS for the entirety of the construction period.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — L N Hughes https://www.gov.uk/planning-inspectorate 8

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — L N Hughes https://www.gov.uk/planning-inspectorate 8 Appeal Decision APP/P1045/W/25/3363697 4) No development including any works of demolition shall commence until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include the following details: (a) A risk assessment of potentially damaging construction-type activities; (b) Full details of practical measures to include physical measures and sensitive working practices, to avoid or reduce impacts during construction, including action to be taken if any protected species are found during construction works; (c) The location and timing of sensitive works to avoid harm to biodiversity features; (d) Use of protective fences, exclusion barriers, and warning signs; (e) Details of a lighting strategy which secures dark corridors for foraging bats and nesting birds on the boundaries of the site; (f) Details of site induction information and toolbox talks for all relevant on-site working practices.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — L N Hughes (g) Protocols to demonstrate that the site work force will be briefed about potential ecological issues on the site prior to commencement of construction; (h) Details of personnel responsible for over-seeing the implementation of measures detailed in the CEMP. The construction of the development shall be carried out in accordance with the approved CEMP. 5) No development including any works of demolition shall commence until the location and type of protective fencing for all the trees and hedges coloured green on the approved Site Plan (reference 2023-2781-23M), and detailed specification of construction of the footpath area over the root protection areas of trees T11 and T12, have been submitted to and approved in writing by the Local Planning Authority. The fencing shall be erected in accordance with the approved details before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed within any fenced area, and the ground levels within those areas shall not be altered, nor shall any excavation be made.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — L N Hughes The footpath works shall be undertaken in accordance with the approved details. 6) No development including any works of demolition shall commence until a Biodiversity Method Statement has been submitted to and approved in writing by the local planning authority. The statement shall include details of: (a) How appropriate biodiversity mitigation measures including habitat compensation and enhancement are to be incorporated into the development; (b) The installation of swift internal nest bricks at 1 brick per dwelling; (c) A timetable for implementation including that the development shall not be occupied until any biodiversity mitigation and enhancement measures are fully implemented. The development hereby permitted shall be implemented in accordance with the details within the approved Biodiversity Method Statement, and retained as such thereafter. https://www.gov.uk/planning-inspectorate 9

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — L N Hughes Appeal Decision APP/P1045/W/25/3363697 7) No development including any works of demolition shall commence until a Bat Mitigation Strategy (BMS) has been submitted to and approved in writing by the Local Planning Authority, and any necessary European Protected Species Licence has been obtained from Natural England. The BMS shall be informed by up-to-date bat surveys and shall include details of: (a) Identified bat roosts and species present; (b) Measures to avoid disturbance during sensitive periods; (c) Design and location of compensatory roosting features; (d) A lighting strategy to minimise impact on bat commuting and foraging routes, including its height, design, location, and intensity; (d) Monitoring and reporting arrangements post-development. The development hereby permitted shall be implemented in accordance with the details within the approved BMS, and retained as such thereafter. 8) No development including any works of demolition shall commence until a Habitat Management and Monitoring Plan (HMMP), prepared in accordance with the approved Biodiversity Gain Plan, has been submitted to and approved in writing by the Local Planning Authority.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — L N Hughes The HMMP shall include details of: (a) The roles and responsibilities of the people or organisation(s) delivering the HMMP; (b) The planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan; (c) The management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; (d) The monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the Local Planning Authority. Notice in writing shall be given to the Local Planning Authority when the HMMP works have started. No development shall commence until: (a) The habitat creation and enhancement works set out in the approved HMMP have been completed; and (b) A completion report, evidencing the completed habitat enhancements, has been submitted to, and approved in writing by the Local Planning Authority. The created and/or enhanced habitat specified in the approved HMMP shall be managed and maintained in accordance with the approved HMMP.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — L N Hughes Monitoring reports shall be submitted to the Local Planning Authority in writing in accordance with the methodology and frequency specified in the approved HMMP. 9) No development shall commence until full details of both hard and soft landscape works and implementation programme have been submitted to and approved in writing by the Local Planning Authority. These details shall include the number, size, species, siting, planting distances/densities, and the programme of planting, of trees, hedges and shrubs, including specific detail on the boundary to the proposed footpath through to Doles Lane, and that any topsoil or other materials to be imported is of a suitable standard. The landscaping works shall be carried out in accordance with the approved details and the agreed implementation programme. https://www.gov.uk/planning-inspectorate 10

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — L N Hughes Appeal Decision APP/P1045/W/25/3363697 If within a period of five years from the date of the planting or establishment of any tree, or shrub or plant, that tree, shrub, or plant or any replacement is removed, uprooted or destroyed or dies or becomes seriously damaged or defective, another tree or shrub, or plant of the same species and size as that originally planted, shall be planted at the same place by the end of the first available planting season. The areas which are landscaped shall be retained as landscaped areas thereafter. 10) No development shall commence until full details of the finished levels above ordnance datum of the ground floors of the proposed buildings in relation to existing ground levels, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved levels. 11) No development above ground level shall take place until details of all materials to be used on the external surfaces of the dwellings have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details, and maintained as such thereafter.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — L N Hughes 12) The development hereby permitted shall not be occupied until details of ongoing management and maintenance for the landscaped areas and public open space features and footpaths including boundary treatments, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and maintained in accordance with the approved details. 13) The development hereby permitted shall not be occupied until details of refuse and recycling storage have been submitted to and approved in writing by the Local Planning Authority, and the refuse and recycling storage has been implemented in accordance with these details. It shall be maintained thereafter for the life of the development in accordance with the approved details. 14) The development hereby permitted shall not be occupied until details of secure, covered cycle parking facilities for each property have been submitted to and approved in writing by the Local Planning Authority, and the cycle parking has been implemented in accordance with these details. It shall be maintained thereafter for the life of the development in accordance with the approved details.

Land adjacent to Hawthorn House, Clifton Road, Clifton, Ashbourne, DE6 2DH — Derbyshire Dales District Council — L N Hughes 15) The development hereby permitted shall not be occupied until details of a sustainable transports welcome pack for new residents has been submitted to and approved in writing by the Local Planning Authority. The approved Welcome Pack shall then be provided to the first occupiers of each dwelling on first occupation. 16) The development hereby permitted shall not be occupied until the internal turning and manoeuvring areas and the visibility splays to Clifton Road have been constructed in accordance with the details shown on the approved plans, and shall be retained thereafter. ***END OF SCHEDULE*** https://www.gov.uk/planning-inspectorate 11