Agenda and minutes

Apologies for absence were received from Councillors Janet Tait and James Watson.

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.

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

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.

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.

Councillor Graham Parkin declared that he had previously discussed application 20/00185/OUT as a Ward Member for South Normanton West and he would therefore not participate in the consideration of that item.

To consider the minutes of the last meeting held on 30^th September 2020.

Moved by Councillor Duncan McGregor and seconded by Councillor Derek Adams       

RESOLVED - that the minutes of a meeting of the Planning Committee held on 30^th September 2020 be approved as a true and correct record.

The Planning Manager (Development Control) presented the report which gave details of the application and highlighted the location and features of the site and key issues.

Councillor Andrew Joesbury, Ward Member, attended the meeting remotely and spoke against the application.

The agent, Ms Rebecca Booth, on behalf of the applicant attended the meeting remotely and spoke in support of the application.

Committee considered the application having regard to the Bolsover District Local Plan and the National Planning Policy Framework.  This site was allocated by virtue of Policy LC1: Housing Allocations for housing development.

The main issues considered in the determination of this application were:

·         the principle of the development;

·         highway safety considerations, including whether the development would be provided with a safe and suitable access and the impact of the development on the local road network;

·         landscape and visual impact of the development;

·         whether the development could deliver a suitable design and layout and provide sufficient residential amenity;

·         the ecology impacts of the development;

·         potential contamination risks;

·         drainage requirements;

·         impacts on infrastructure, including recreation and leisure, education and health facilities; and

·         heritage and archaeology impacts.

Moved by Councillor Duncan McGregor and seconded by Councillor Liz Smyth

RESOLVED that application 20/00185/OUT be approved subject to prior entry into a s.106 legal agreement containing the following planning obligations:

·         10% on-site affordable housing (for rent) provision (Policies LC2 and II2)*;

·         Leisure contributions*: £858 per dwelling open space contribution; and £1022 contribution to built and outdoor sports facilities (Policies ITCR5, ITCR7 and II2);

·         Off-site ecology mitigation (identification and provision of suitable land, as well as future management and maintenance of that mitigation);

·         Health contribution* to be used to increase clinical capacity for Village Surgery at one or both of their sites - £23,040 is requested based on a 48 dwelling proposal, but given the outline nature of the proposals, this should be expressed as a £480 per dwelling contribution;

·         Investigation into and ; subsequent implementation of traffic management, should this provide necessary, due to the propensity of parking on Lees Lane, taking into account a monitoring period of 5 years post completion of the development. Subject to a maximum sum of £5000*

*All financial contributions would be subject to indexation.

AND subject to the following conditions that are given in draft form, with the final wording to be agreed by the Planning Manager in consultation with the Chair and Vice Chair of Planning Committee: -

1.    Approval of the details of the layout, scale, appearance, landscaping and those remaining access details beyond the main entry point into the site off Lees Lane (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

2.    Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development to which this permission relates shall be begun either before the expiration of three years from the date of this  ...  view the full minutes text for item PL12-20/21

Further details relating to the application were included in the Supplementary Report, which included amended plans.

The Planning Manager (Development Control) presented the report which gave details of the application and highlighted the location and features of the site and key issues.

This application had previously been considered by the Planning Committee in September 2019.  The item had been brought back to the Planning Committee for re-consideration in the light of material amendments to the previously agreed scheme.

The agent, Mr Paul Butler, on behalf of the applicant attended the meeting remotely and spoke in support of the application.

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

The main issues considered in the determination of this application were:

·         the principle of the development;

·         layout and design;

·         landscape and ecology;

·         highway safety;

·         flood risk and drainage;

·         noise.

The principle of development on this site had already been established through the strategic Local Plan allocation and the previous grant of outline planning permission.

It was moved by Councillor Duncan McGregor and seconded by Councillor Deborah Watson that the application be approved in line with the officer recommendation as set out in the report and supplementary papers.

Councillor Nick Clarke moved an amendment to the Motion which was seconded by Councillor Anne Clarke to defer the application until all the information had been received by officers and could be made available to the Planning Committee.  On being put to the vote the amendment was lost.

The substantive Motion was then put to the vote and was carried.

RESOLVED - that application 19/00005/REM be granted planning permission, but the final decision be deferred to the Planning Manager, in consultation with the Chair and Vice Chair of the Planning Committee, subject to the following conditions, or additional conditions considered necessary to resolve outstanding issues where these cannot be satisfactorily resolved through amended details:-

1.    The development hereby permitted shall be carried out in accordance with the following approved drawings and documents:

·         A DETAILED LIST OF PLANS WILL BE INCLUDED HERE TO REFLECT THE FINAL DETAILED DRAWING SUBMISSIONS.

[REASON:For the avoidance of doubt and having regard to the amended and additional documents submitted during the application in order to define the planning permission.]

2.         The submitted hard and soft landscaping details submitted with the planning application, containing full details and specifications for all soft landscaping including replacement hedges, full details of all means of enclosure, highway and footpath surfacing and a detailed specification for the permanent management and maintenance for all public areas, are not hereby approved, and the requirements of conditions 15 and 16 of outline planning permission ref. 14/00080/OUTEA are not hereby discharged.  Revised details must have been submitted to and approved in writing by the Local Planning Authority in accordance with the requirements of conditions 15 and 16 of outline planning permission ref. 14/00080/OUTEA prior to the commencement of any development.

[REASON: To ensure that satisfactory landscaping is provided within a  ...  view the full minutes text for item PL13-20/21

Committee considered the report which gave information on Section 106 Agreements and their status to ensure that the Council had a robust procedure for recording and monitoring Section 106 obligations (also referred to as S106 agreements).

The report detailed the S106 money received in the Bolsover District Council Holding Account and the S106 obligations soon due on active development sites.

The report was intended to be quarterly but as a consequence of Covid-19 and staff changes at the start of 2020 the last S106 update report had been on 8^th January 2020.

It was highlighted at the meeting that the most pressing issues were a site underspend (The Brambles, Doe Lea) that should be returned to the developer and  a site (Woodside Stables, Rotherham Road) that was getting close to its trigger event for monies to be paid back.

Moved by Councillor Tom Munro and seconded by Councillor Duncan McGregor

RESOLVED – That the report be noted.

Committee considered the report which reported on the progress made against the service targets set out in the Local Enforcement Plan for the period 1 July 2019 to 30 June 2020.

The report stated that the Local Enforcement Plan had been adopted by the Planning Committee in 2019.  The Plan set out the following service standards:

·         The site of a high priority case will be visited on the same day the suspected breach of planning control has been identified, wherever possible, and a decision on what further action is required will be taken within 24 hours of that site visit.

·         The site of a medium priority case will be visited within two weeks of identifying a suspected breach of planning control. A decision on what further action to take will be made within four weeks of that site visit.

·         The site of a low priority case will be visited within six weeks of identifying a suspected breach of planning controls. A decision on what further action to take will be made within six weeks of that site visit.

The report detailed the progress against the targets.

Moved by Councillor Tom Munro and seconded by Councillor Liz Smyth

RESOLVED – That the report be noted and that the planning department’s performance against the Service Standards in the Local Enforcement Plan and updates on planning enforcement continue to be reported to Planning Committee on a half-yearly basis.