Issue - meetings

Committee considered a detailed report in relation to the above application.

The application site was partially outside the settlement framework and so the proposal was contrary to the countryside protection policy SS9 of the local plan.  However, the application was recommended for approval.  Therefore, the decision had to be made by Planning Committee. 

The application had also been referred to Planning Committee by Councillor Donna Hales.

The proposed application offered a means to deliver a distributor road to link Shuttlewood Road through the site to connect to Oxcroft Lane in accordance with the requirement of local plan policy LC1.  A goal which otherwise was unlikely to be delivered for the foreseeable future.  The key issue to consider was whether this benefit, together with the other benefits of the development, outweighed the harm caused by approving the application contrary to SS9 and any other harms with consideration given to issues including:

·         the principle of the development and link road

·         highway safety and the local road network

·         the landscape and visual impact of the proposed development

·         biodiversity

·         design and housing layout

·         local infrastructure capacity

·         other technical issues: stability; archaeology; drainage; telecom mast; noise.

The application was a full planning application comprising proposed link road between Shuttlewood Road and Oxcroft Lane, including the demolition of Boleappleton Farm and associated outbuildings, ground level changes, and construction of 161 dwellings with public open space, access routes, landscaping and associated works.  An extract of the proposed layout plan was set out in the report.

The application was recommended for approval subject to prior entry into a s.106 legal agreement and subject to conditions.

36 objections had been received (plus an additional 6 representations following re-consultation, from people who had already objected following initial consultation).  The majority of objections had been received from residents of Shuttlewood Road.  1 resident had said that they would support the new link road. Details of the objections were set out in the report.

The Supplementary Update Report provided comments from the Leisure Services Officer, further information on the timing of the link road provision and affordable housing.  The report also set out updated recommendations (A, G and an additional recommendation H) and amended wording for conditions 20 and 21.

Councillor Cathy Jeffery, on behalf of Councillor Donna Hales, attended the meeting and spoke against the application.

Nick Clarke attended the meeting and spoke against the application.

Raymond Ford attended the meeting and spoke against the application.

Darren Abbott (Applicant) attended the meeting and spoke for the application.

Members of the Committee asked the applicant a number of questions regarding the construction of the link road, training for local labour, removal of hedgerows and the feasibility of the scheme.

Moved by Councillor Duncan McGregor and seconded by Councillor Phil Smith

RESOLVED that the application be APPROVED subject to prior entry into a s.106 legal agreement containing the following planning obligations (listed in precis form only):-

Provision and maintenance of off-site biodiversity compensation including a requirement for the submission and approval of  ...  view the full minutes text for item 65

Committee considered a detailed report in relation to the above application.

The application had been referred to Planning Committee due to the number of objections received.  The Council’s Delegation Scheme required applications with more than 20 objections to be referred to Planning Committee for determination.

The application sought approval for the change of use from a dwelling (Use class C3) to a care home for children (Use Class C2.)  It was intended to be a specialist care home for up to three children aged from 7 -18 years with emotional and/or behavioural difficulties.  No physical external alterations were proposed to the property.

Further information was contained in the Supplementary Update Report and showed that a revised internal layout plan had been submitted.  The amended layout plan reflected the amended proposal as described and referred to in the main report, but the plan was not received until after the main report was submitted and therefore could not be included in the main report.  The amended plan showed the number of children’s bedrooms reduced to three, as the proposal was now for a maximum of three children.  It should however be noted that the internal layout could alter if the suggested layout did not meet Ofsted’s requirements, and this would not require subsequent planning permission provided it did not alter the total number of residents or staff set out in the suggested conditions in the main report. 

Objections had been received from 42 households, two councillors and Palterton Residents Association, who had also prepared a briefing pack which had been circulated to Members prior to the meeting.  A petition signed by 67 residents had been received and Mark Fletcher MP, had confirmed he had received a number of objections from residents and had asked that the legitimate concerns of the community be considered during the application process. 

Letters of support had also been received for the application and these were detailed in the report.

Concerns regarding on street parking had been raised, however, Derbyshire County Council as the Highway Authority were aware that the proposal would result in on street parking but did not consider this to result in an unacceptable impact on highway safety.

As detailed within the report the Environmental Health Officer had raised concerns over potential noise complaints that may arise and had suggested that if the application was approved it be granted for a 2 year temporary period, so that the impacts of the proposals upon the community could be fully evaluated.  

David Dozwa (Applicant) attended the meeting and spoke for the application.

In response to a Member’s query, the Applicant confirmed that it wasn’t standard practice for staff to use a taxi to travel to and from the site for their shift, however, this had been implemented to reduce the number of vehicles on site to minimise disturbance to neighbours.  Further to this, the majority of meetings and visits would take place away from the home.

In response to another Member’s query, the Applicant, advised that if  ...  view the full minutes text for item 59