Agenda and minutes

Venue: Council Chamber, The Arc, Clowne

Contact: Donna Cairns  Senior Governance Officer

Items
No. Item

634.

Apologies For Absence

Minutes:

Apologies for absence were received from Councillors Paul Cooper and Tom Munro.

635.

Urgent Items of Business

To note any urgent items of business which the Chairman has consented to being considered under the provisions of Section 100(B) 4(b) of the Local Government Act 1972.

Minutes:

There was no urgent business to be considered at the meeting.

636.

Declarations of Interest

Members should declare the existence and nature of any Disclosable Pecuniary Interest and Non Statutory Interest as defined by the Members’ Code of Conduct in respect of:

 

a)  any business on the agenda

b)  any urgent additional items to be considered

c)  any matters arising out of those items

and if appropriate, withdraw from the meeting at the relevant time.

Minutes:

Members were requested to declare the existence and nature of any disclosable pecuniary interests and/or other interests, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time.

 

There were no declarations made at the meeting.

637.

Minutes pdf icon PDF 309 KB

To consider the minutes of the last meeting held on 8th January 2020.

Minutes:

Moved by Councillor Steve Fritchley and seconded by Councillor Duncan McGregor

RESOLVED that the minutes of a meeting of the Planning Committee held on 8th January 2020 be approved as a true and correct record.

638.

Notes of Site Visits

To consider the Notes of the Site Visits held on 5th February 2020.

These will follow in the supplementary report.

Minutes:

Moved by Councillor Deborah Watson and seconded by Councillor Nick Clarke

RESOLVED that the notes of the site visits held on 5th February 2020 be approved as a true and correct record.

639.

19/00583/OUT. - Residential development for up to 62 dwellings with all matters reserved except for access - Land off Blacksmiths Close and Park Avenue, to the Rear of 7 - 53 Mansfield Road, Glapwell pdf icon PDF 1001 KB

Minutes:

The Planning Officer presented the report which gave details of the application and highlighted the location and features of the site and key issues.

 

Councillor Tricia Clough, Ward Member, spoke against the application.

 

Councillor Tony Trafford on behalf of Glapwell Parish Council spoke against the application.

 

Ms. Jacqueline Hole attended the meeting and spoke against the application on behalf of herself and other local residents.

 

Mr Chris Waumsley, the agent on behalf of the applicant, attended the meeting and spoke in support of the application.

 

Committee considered the application having regard to the Bolsover District Local Plan, the emerging Local Plan and the National Planning Policy Framework.

 

The key issues considered in determining the application were:

 

·         The principle of development.

·         The sustainability of the site in relation to local services and facilities.

·         Landscape character and visual impact of the proposed development.

·         Residential amenity.

·         Access and highway safety.

·         Ecological impacts, including biodiversity, trees and hedges.

·         Social Infrastructure and planning obligations.

·         Other – including archaeology, drainage, contamination, stability.

 

Councillor Duncan McGregor outlined the reasons that he supported the approval of the application. Although it was recognised that the proposal was contrary to Saved Policies ENV3 and HOU9 of the adopted Local Plan, and Policies SS3 and SS9 of the emerging Local Plan and paragraph 79 of the Framework insofar as this site was outside the settlement framework/development envelope, material considerations outweighed this position. It was considered that the proposal did not contravene the policies to protect the countryside. The proposals could be considered as infill and did not encroach into the countryside beyond existing developments.

 

Further, the officer assessment of the land as grade 2 agricultural land that should be protected, was not supported. In the Member’s view the proposal was not contrary to Saved Policy ENV2, Emerging Policy SC5 or Paragraph 170b of the Framework. The land did not appear to be good quality land and did not appear to be intrinsic to or a valuable component of any farm business or ongoing agricultural operations. There was no evidence that the land had any significant ecological interest. In this case, housing was considered to be a more productive use of the land giving rise to socio-economic benefits through providing jobs and more homes than retaining the currently unproductive land that had limited utility for farming.

Councillor Duncan McGregor also outlined his view that there were no obvious reasons why development of this land would diminish physical and visual separation of Glapwell from the nearest neighbouring settlements contrary to Policy SS11 of the emerging Local Plan. There was also no case made that this development would result in coalescence of Glapwell with any neighbouring settlements. Therefore approval of this application would not undermine the planning purpose of important open breaks which were intended to retain and maintain the individual and locally distinctive identity of the District’s unique settlements, villages and towns.

 

The wider visual impact of the proposal on the landscape was perceived to be limited because the site was  ...  view the full minutes text for item 639.

640.

19/00475/FUL - Residential development of 88 dwellings including access, infrastructure and associated works - Land To The Rear Of 64 To 74 Skinner Street, Creswell pdf icon PDF 1 MB

Minutes:

Further details relating to the application were included in the Supplementary Report relating to suggested amendments to the proposed Section 106 legal agreement and the proposed conditions.

 

The Principal Planning Officer presented the report which gave details of the application and highlighted the location and features of the site and key issues.

 

Mr John Deakin attended the meeting and spoke against the application.

 

Ms Sarah Clark, the agent on behalf of the applicant, attended the meeting and spoke in support of the application.

 

Committee considered the application having regard to the Bolsover District Local Plan, the emerging Local Plan and the National Planning Policy Framework.

 

The key issues considered in determining the application were:

 

      Principle of the development;

      Section 106 requirements including:

o   Affordable housing; and

o   The ability to provide relevant infrastructure requirements.

 

 

It was considered that the development proposed in this application could be made acceptable in planning terms subject to appropriate planning conditions and subject to planning obligations securing affordable housing provision and financial contributions towards leisure facilities, local medical provision and biodiversity enhancements.

 

Further discussions and negotiations were still needed with the applicant and consultees to agree the final conditions, generally following the recommendations in the report, as addressed in the Supplementary Report.

 

Flexibility with the provision of affordable housing was also put forward due to difficulty in securing a registered provider to deliver the rental housing. If agreed this would have required amendment to the proposed S106 legal agreement, also addressed in the Supplementary Report.

 

Moved by Councillor Duncan McGregor and seconded by Councillor Jim Clifton

RESOLVED that application 19/00475/FUL approved, subject to the prior entry into a S106 legal agreement and subject to conditions, and that delegated authority be granted to the Head of Planning to agree the terms of the S106 legal agreement and the conditions.

 

 

 

 

 

641.

Local Plan for Bolsover District pdf icon PDF 193 KB

Additional documents:

Minutes:

Committee considered a report of the Head of Planning which reported the findings of the Inspector’s Report on the new Local Plan for Bolsover District and the recommended Main Modifications. The report also proposed that the Inspector’s recommended Main Modifications and identified Additional Modifications be incorporated into the version of the Local Plan for Bolsover District approved in April 2018 and that it be recommended to Council that the Local Plan for Bolsover District be adopted as the development plan for Bolsover District and replace the Bolsover District Local Plan (February 2000) and the saved policies within it.

 

The report set out the process followed by the Council in developing the required evidence base to shape and inform its potential planning strategy and policies for the period up to 2033, as well as the public engagement and consultation carried out.

 

In April 2018, the Council approved the proposed Local Plan for Bolsover District, which was followed by further consultation. Following submission of the Local Plan for Bolsover District in August 2018, Inspector Karen Baker DIPTP MA DIPMP MRTPI was appointed to undertake an independent examination of the document. The Local Plan Examination Hearing Sessions took place between Tuesday 21st January to Wednesday 6th February 2019 with an additional and final session on Tuesday 12th March 2019.

 

The Inspector provided her judgement on the necessary Main Modifications on 14th May 2019 and these were approved for public consultation by Planning Committee at its meeting on 5th June 2019. Consultation on the necessary Main Modifications then took place, following which the Council submitted the representations received to the Inspector.

 

The Planning Inspectorate issued the Inspector’s Report to the Council on 15th January 2020, which was then published and notice of its publication was given to those persons who requested to be notified, as well as to those who had submitted representations during the 2018 and 2019 consultations.

 

The Inspector’s Report set out the findings of the Examination and concluded that, with the recommended Main Modifications set out in the Appendix, the Local Plan for Bolsover District satisfied the requirements of Section 20(5) of the 2004 Act and met the criteria for soundness in the National Planning Policy Framework.

 

Additional modifications set out a number of changes that did not materially affect the Policies of the Local Plan and did not fall within the scope of the Examination. It was recommended that these changes be agreed by the Council to correct typographical and factual errors within its approved Local Plan.

 

The Council was also required to maintain an adopted Policies Map which illustrates geographically the application of the policies in the adopted development plan. A decision to adopt the Local Plan for Bolsover District would therefore necessitate an update to the Adopted Policies Map that accompanied the Bolsover District Local Plan that was adopted in February 2000.

 

Objections to a proposal to remove the Wildlife Corridors and Stepping Stones designation from a site at Ball Hill,  ...  view the full minutes text for item 641.