Agenda and minutes

Apologies for absence were received from Councillors Rob Hiney-Saunders, Janet Tait and Jen Wilson.

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.

To consider the minutes of the last meeting held on 27^th November 2024.

Moved by Councillor Carol Duncan McGregor and seconded by Councillor Phil Smith           

RESOLVED that the minutes of a meeting of the Planning Committee held on

          27 November 2024 be approved as a true and correct record.

Committee considered a detailed report in relation to the above application presented by the Development and Land Charges Manager who gave details of the application and highlighted the location and features of the site and key issues.

This application was a resubmission of application reference 20/00465/OUT which was granted but had now lapsed.  This application sought approval for outline planning permission for a residential development of up to 5 dwellings, with all matters reserved.

In response to Councillor Carol Wood’s question relating to whether access to horse paddock would be retained, the Development and Land Charges Manager stated this level of detail would be included at the next stage when more detailed information would be provided.

Mr S Haslam (agent) attended the meeting and spoke in support of the application

Moved by Councillor Phil Smith and seconded by Councillor John Ritchie and following a unanimous vote in favour of the application

RESOLVED that application be approved subject to the following conditions and the      inclusion of informatives, including an informative relating to the deemed             Biodiversity Gain Plan condition and the requirements of the Development             Management Procedure Order:

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

02.      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 permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

03.      The development hereby permitted shall be carried out in accordance with the following approved drawings and documents unless specifically stated otherwise in the conditions below:

·       21/825/1 – Layout

·       21/825/2.A – Sections

·       21/825/3 – Topographical Survey

·       21/825/04 – Block Plan and Levels

·       26228_08_020_01.2 – Vehicle Tracking (Refuse Vehicle)

·       26228_08_020_01.1 – Site Access and Visibility Extents

·       Design & Access Statement (June 2024)

·       Coal Mining Risk Assessment (Earth Environmental and Geotechnical, November 2020, Report No. A3827/20)

·       Ecological Impact Assessment (LM Ecology, Revision A - September 2024).

Drainage

04.      No development shall take place, other than site clearance works, until a detailed design and associated management and maintenance plan of the surface water drainage for the site have been submitted to and approved in writing by the Local Planning Authority.

05.      No development, other than site clearance works, shall take place until a detailed assessment has been provided to and approved in writing by the Local Planning Authority, to demonstrate that the proposed destination for surface water accords with the drainage hierarchy as set out in Paragraph: 056 Reference ID: 7-056-20220825 of the planning practice guidance.

06.      Prior to commencement  ...  view the full minutes text for item PL132-24/25

Committee considered a detailed report in relation to the above application presented by the Development and Land Charges Manager who gave details of the application and highlighted the location and features of the site and key issues.  The application sought approval for the erection of 74 dwellings (including 7 affordable dwellings) and associated infrastructure including street layout, public open space and drainage.  The Committee was advised of a further representation which had been received from Ms S Nicholls (one of the speakers) which comprised of a photograph and plan copies of which were provided to members.

As a point of clarification the Development and Land Charges Manager advised that a new link road was being provided by the developer on the adjacent Woodhall Homes site.  The applicant’s commitment to contribute £200,000 to a link road could be used to explore options for a link road to be formed through the site in circumstances where this development did not come forward.  If the link road through the adjacent site was to come forward the money would need to be returned to the developer, as it would no longer meet CIL regulation tests.

It was confirmed that any proposed increases to the numbers of affordable properties above 10% was subject to negotiation with developers but could make developments unviable.  This application had to be considered on the Development Plan which currently had a 10% affordable properties criteria and any ambitions to increase this to 15% would need to be explored as part of any review.

In response to Councillor Wood’s comments that this was an ancient habitat which should be retained, the Development and Land Charges Manager confirmed that the application had been submitted before the biodiversity requirements became law.  There would be some loss but there would also be some onsite enhancements and net gains elsewhere.

Ms S Nicholls attended the meeting and spoke against the application.

Mr G Morris attended the meeting and spoke against the application.

Ms C Stainton (agent) attended the meeting and spoke in support of the application.

Ms Stainton provided the following responses to members’ questions:

• in response to Councillor Smith’s question whether the number of affordable properties could be rounded up rather than down, Ms Stainton responded that the application was policy compliant and any changes would be subject to negotiation.

• the distance between the speaker’s property and the new property was 34 metres which was in excess of the required 12 metres and there had never been any proposal for a bungalow instead of the proposed 4 bedroom property.

• native trees would be planted on the estate as specified by the Derbyshire Wildlife Trust.

Moved by Councillor Duncan McGregor and seconded by Councillor Phil Smith and following a vote

For the motion: 6

Against the motion: 1

It was therefore RESOLVED that application be approved subject to the following conditions and prior entry into a Section 106 Agreement, with delegated authority being granted to officers to grant the final decision on completion of a  ...  view the full minutes text for item PL133-24/25

Committee considered a detailed report in relation to the above application presented by the Development and Land Charges Manager who gave details of the application and highlighted the location and features of the site and key issues.  The planning application sought approval for the erection of 2 industrial buildings for storage associated with existing railway maintenance business.  A video of the site was also shown to members as there had not been a site visit.

Mr D Palos attended the meeting and spoke against the application.

Mr A Redmond (the agent attended the meeting on behalf of the applicant and spoke in support of the application.

Members sought clarity on the location and height of hedging and fencing and proximity to the speaker’s property and it was suggested that this application be deferred until a site visit had taken place.  Members also encouraged the agent to engage with Mr D Palos to look at ways of minimising the impacts of the development on their residential amenity.

Moved by Councillor Duncan McGregor and seconded by Councillor John Ritchie to defer consideration of this application and following a vote

It was RESOLVED that this planning application be deferred to a future meeting.

Councillors Deborah Watson and Carol Wood left the meeting having previously declared interests in the following items.

Committee considered a detailed report in relation to the above application and supplementary paper which confirmed the response from Natural England as presented by the Development and Land Charges Manager who gave details of the application and highlighted the location and features of the site and key issues.  The application sought approval for the erection of 2 industrial units, 22 parking spaces service yard for the loading and unloading of LGV/HGVs and alterations to access.

It was confirmed that any delegated approval to officers would be subject to an acceptable drainage strategy being received.

Moved by Councillor Duncan McGregor and seconded by Councillor John Ritchie and following a unanimous vote

It was RESOLVED that delegated authority be given to the Development Management and Land Charges Manager to approve this planning application subject to submission of an acceptable drainage strategy conditions and ratification of this strategy by the Lead Local Flood Authority:

1.              The development shall be begun before the expiration of three years from the date of this permission.

2.              Approved in accordance with the approved plan numbers.

3.              Samples of materials to be submitted.

4.              Submission, approval and implementation of a Landscaping and Biodiversity Enhancement and Management Plan based on the amended landscaping scheme plan and as described in the small site metric submitted.

5.              Submission, approval and implementation of a construction environmental management plan.

6.              Access, parking and turning to be provided in accordance with the approved plans before the use is first implemented and maintained as such thereafter.

7.              Surface water drainage to be in accordance with the approved scheme and any other associated drainage conditions necessary.

8.              Any information and conditions recommended by Natural England.

An adjournment took place from 11.30 am to 11:50 am.

Committee considered a detailed report in relation to the above application presented by the Development and Land Charges Manager who gave details of the application which sought approval for the construction of 9 dwellings and highlighted the location, features of the site and any key issues. 

Councillor John Ritchie stated that council housing was exactly what was needed.

Moved by Councillor Duncan McGregor and seconded by Councillor Phil Smith and following a unanimous vote

It was RESOLVED that application be approved subject to the following conditions and             the inclusion of informatives, including an informative          relating to the deemed             Biodiversity Gain Plan condition and the requirements of the Development             Management Procedure Order:

1.              The development shall be begun before the expiration of three years from the date of this permission.

2.              The development must be carried out in accordance with plan numbers:

11102 Rev P08: Site plan

10400 Rev P1: 3 Bed semi-detached floor plan

10401 Rev P2: 2 Bed semi-detached floor plan

10402 Rev P2: 1 Bed semi-detached floor plan

10403 Rev P1: 1 Bed terraced floor plan

10600 Rev P1: 1 Bed terraced elevations

10600 Rev P1: 3 Bed semi-detached elevations

10601 Rev P1: 2 Bed semi-detached elevations

10602 Rev P1 1 Bed semi-detached elevations

3.              Prior to construction of the walls of any dwelling, samples of the materials to be used for all external wall and roof areas, including windows and external doors must be submitted to and approved in writing by the Local Planning Authority. The dwelling hereby approved must be constructed in the approved materials and must be maintained as such thereafter.

4.              If during the construction works associated with the development hereby approved, any suspected areas of contamination are discovered, then all works must be suspended until the nature and extent of the contamination is assessed and a report is submitted and approved in writing by the Local Planning Authority which addresses the risk identified. The Local Planning Authority must be notified as soon as is reasonably practicable of the discovery of any suspected areas of contamination.

Any investigation required must be undertaken in accordance with a scheme submitted to and approved in writing by the Local Planning Authority and must comply with current Government Guidance to achieve the appropriate standard at completion. Upon completion of the remediation works a validation report prepared by a competent person must be submitted to and approved in writing by the Local Planning Authority. The validation report must include details of the remediation works and Quality Assurance/Quality Control results to show that the works have been carried out in full and in accordance with the approved methodology. Details of any validation sampling and analysis to show the site has achieved the approved remediation standard, together with the necessary waste management documentation must be included.

5.              Before the dwellings hereby approved are first occupied, the boundary treatments for each of the site boundaries must be provided on site in accordance with the approved plans and must be maintained as  ...  view the full minutes text for item PL136-24/25

The Principal Planning Policy Officer presented the report to the Committee.

The Monitoring Report 2023/24 covered 1^st April 2023 to 31^st March 2024, and was attached at Appendix 1.  This was the fourth Monitoring Report completed and included performance the classifications of ‘Target Met’ and ‘Target Exceeded’ to reflect the progress made.

The preparation of the Shirebrook and Creswell Growth Plans was taking longer than envisaged due to greater public engagement and involvement – they were now classified as ongoing behind target.

Housing permissions had increased steadily, peaking in 2022/23.  Although the number of permissions had fallen in 2023/24, the total of 194 permissions aligned with the yearly average of 191 permissions during the life of the plan.

Housing completions continued to surpass the Local Plan Target of 272 units per annum, standing at 359 for 2023/24.

Employment permissions had seenthe lowest number of employment permissions granted since 2020 – a 31% drop on 2022/23.  The hectarage covered by new employment permissions indicated a reduction of over 50%.

The number of completions across the 23 allocated housing sites had not met the predicted numbers since 2020.  For 2023/24, the number of completions was 25% lower than 2022/23.  However, in 2023/24 the rate of delivery across 3 of the sites remained ahead of both their forecast for the year and their overall trajectory.

The Principal Planning Policy Officer informed the Committee on the Bolsover North and Clowne Garden Village sites.  It was noted all projects were performing as intended.

Some areas, such as customer self-build plots, did not have data available but would be reviewed.

Following the meeting, the Authority Monitoring Report would be published on the Council’s website.

A Member stated that while the of number of completions with regards construction were not quite delivering, the Council remained in a strong position with spare capacity.

To a question on the supply and demand of properties in the District with regards the number of completions, a Principal Planning Policy Officer stated the analysis in 2023 had to consider the following 3 years of development as established by the UK National Government.

As of October 2023, there remained a surplus of plots available.

The Senior Devolution Lead for Planning Policy, Strategic Growth and Housing added, in terms of context, some applicants who had registered in the previous year had no serious interest in construction.

The Council needed applicants with genuine interest to realistically meet demand.  An exercise to investigate this was required to help better shape the Local Plan Review.

Moved by Councillor Tom Munro and seconded by Councillor John Ritchie

RESOLVED that Planning Committee note the contents of the Authority Monitoring     Report 2023/24 and endorse its publication.

The Senior Planning Policy Officer presented the report to the Committee.

The Town and Country Planning (Brownfield Land Register) Regulations 2017 required local planning authorities to prepare and maintain a register of previously developed land within their area annually.

Regulations required this information to be published in a ‘spreadsheet’ format to provide standardisation across the country and enable easier data analysis.  However, this format did not suit easy reading by the public.

Key highlights included:

·       368 dwellings built on brownfield land since 2017;

·       3 new sites added in 2024 which could deliver 15 dwellings on brownfield land; and,

·       in total there were now 29 live sites on the register – if developed they could deliver a minimum of 1,060 dwellings on brownfield land.

Former industrial sites had also been brought forward – the Council had taken steps to make use of these.

To comply with regulations, the 2024 report and ‘spreadsheet’ were published on the Council’s website before the end of 2024.  It was considered appropriate to formally notify the Committee on the findings of the 2024 update.

A Member commented Officers had done a fantastic job with 1,000 potential homes allocated for the District.

To a question on the illegible item attached at Appendix a, the Senior Devolution Lead for Planning Policy, Strategic Growth and Housing confirmed this was the ‘spreadsheet’ Brownfield Land Register, hence the need to make it accessible for the public to understand.

The Chair stated it was an excellent report.

Moved by Councillor John Ritchie and seconded by Councillor Phil Smith

RESOLVED that the Planning Committee notes: 1) the information within the Brownfield Land Register Summary Report and Formal Register Spreadsheet as set out in Appendix A and B respectively; and,

2)    that the Council’s Brownfield Land Register monitoring return was published on its website before the 31^st  December 2024 deadline.

The Principal Planning Policy Officer presented the report to the Committee.

The Council’s Annual Position Statement on the Five-Year Housing Land Supply for the period 1^st April 2024 to 31^st March 2029 was approved by the Planning Committee at the meeting of 27^th November 2024.

The local housing need identified by the UK National Government for the District had been approximately 200 new homes a year.  The Local Plan had set out 272 new homes a year.

The Council could show 8.35 years of deliverable housing land supply for the period 2024/25 to 2028/29.

Following the UK National Government’s consultation in 2024, the figure had been revised to 353 new homes a year without the 5% buffer.  With the buffer, this figure would be 371 new homes a year.

This would see a deliverable housing land supply of 6.12 years for the period 2024/25 to 2028/29 (based on the housing monitoring figures at 1^st April 2024).

A Member thanked the Planning team for their work – the Council was still in a good position when compared to other local authorities both regionally and nationally.  The Chair echoed this sentiment.

The Senior Devolution Lead for Planning Policy, Strategic Growth and Housing agreed and thanked the Members of the Committee in return – the Council was in a strong position in comparison with other local authorities primarily because of the capability of Members of the Committee.

Moved by Councillor Tom Munro and seconded by Councillor John Ritchie

RESOLVED that the Committee: 1) Notes the detailed issues set out in the           report;

2)    Re-approves the assessment of the Council’s Annual Position Statement of Five-Year Housing Land Supply (January 2025) as set out at Appendix A;

3)    Re-authorises the publication of the Report and Annual Position Statement of Five-Year Housing Land Supply (Appendix A) and List of Major Development Sites and their contribution to the Council’s Five-Year Housing Land Supply (Appendix B) on the Council’s website; and,

4)    Gives delegated authority to the Assistant Director of Planning and Planning Policy in consultation with the Chair and Vice Chair of Planning Committee to make any minor changes to the text or information referred to in recommendation 3) prior to publication.

The Senior Devolution Lead for Planning Policy, Strategic Growth and Housing presented the report to the Committee.

Derbyshire County Council was the responsible authority for the preparation of the Local Nature Recovery Strategy (the ‘Strategy) for Derbyshire.

The Strategy covered the District and would become a statutory plan FOR THE Council to consider (within its planning function and wider decision-making).

The initial consultation exercise events held during September 2024 were attached at Appendix A.

In accordance with the Environment (Local Nature Recovery Strategies) (Procedure) Regulations 2023, Derbyshire County Council had to provide the  Council, as a ‘Supporting Authority’, with the proposed consultation draft of the Strategy in advance of formal publication and request their comments.

The proposed consultation draft, received on 6^th January 2025, was attached at Appendix B

The Council could raise an objection with the responsible authority about:

·       the local nature recovery strategy; or,

·       the responsible authority’s preparation of the local nature recovery strategy, including the extent to which the responsible authority has involved the supporting authority in that preparation.

The consultation draft of the Strategy was structured in four written sections and accompanied by a mapping GIS website – the District lay primarily on a southern Magnesium Limestone plateau.

A number of habitats lay within the District, including woodlands and green corridors.  The Strategy identified that the Character Area of the District was likely to see pressure for new development, and thus may see benefits from Biodiversity Net Gain delivering investment in local nature recovery.

Existing environmental assets could be protected and expanded.

The report detailed the nine priority areas of the Strategy, with the most relevant for the District being: Woodlands and Trees; Grassland; Rivers, river corridors and other watercourses; Farmland; Urban environment and infrastructure; and People and wildlife.

It was noted that when new developments in a future plan were being developed, the Council would be able to deliver Biodiversity Net Gains (BNG).

To a question on BNG, the Senior Devolution Lead for Planning Policy, Strategic Growth and Housing explained new sites had to be registered first before they could be utilised, but they could generate significant income for the Council.

The Chair welcomed the update – some Wards would benefit financially and environmentally from the Strategy for BNG development.

A Member noted the site with most opportunity would Pleasley Vale (water credits were worth more).

Moved by Councillor Phil Smith and seconded by Councillor Jeanne Raspin

RESOLVED that the Committee: 1) Notes the update on the preparation of the           Local Nature Recovery Strategy for Derbyshire set out in the report; and,

2)    Agrees to raise no objection with Derbyshire County Council about:

a)    the proposed consultation draft Local Nature Recovery Strategy for Derbyshire; or

b)    their preparation of the proposed consultation draft Local Nature Recovery Strategy for Derbyshire, including the extent to which the responsible authority has involved the supporting authority in that preparation.

The Development Management and Land Charges Manager presented the report to the Committee.

During the period 1^st July 2024 – 31^st December 2024, 121 unauthorised activity  enquiries were received; down 14% on the previous 6 months review period.  A graph showing the number of cases visited within target per priority was available in the report.

The Local Enforcement Plan had been last refreshed in May 2022.

The report listed the Enforcement Notices Served over the period 1^st July 2024 – 31^st December 2024.

It was noted the Development Management team had successfully obtained an Interim Injunction from the High Court relating to a planning matter (breach of contract), which prohibited any additional dwellings being constructed or disposed of on land at Chesterfield Road, Barlborough following non-compliance with obligations contained within s106 legal agreements dated 7^th March 2011, 13^th December 2016 and 29^th January 2020.

Officers considered that the Local Enforcement Plan had worked well, insofar as ensuring that breaches of planning control were investigated in a timely manner in accordance with environmental impacts of any breach.

The Chair asked the Committee’s thanks be passed to Officers for their work – the enforcement policy was being well handled.

Moved by Councillor Phil Smith and seconded by Councillor John Ritchie

RESOLVED that: 1) the report is noted; and,

2)    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.

The Development Management and Land Charges Manager presented the report to the Committee.

During July to December 2024, the Council had received no appeals on major planning applications and five appeal decisions on non-major planning applications (two were dismissed, three allowed). However, this only equated to 1.66% of the number of non-major applications determined from July to December 2024.

For the application at 16 The Chine, Broadmeadows, South Normanton, Alfreton, DE55 3AN, Members had gone against the Officer recommendation and refused the application.  However, this was successfully upheld at appeal and Members had made the correct decision.

For the application at the land adjacent 1 Park Street, Barlborough, S43 4ES, the main issues were the effect of the development on the setting of nearby heritage assets and the living conditions of future residents.  The appeal was allowed subject to conditions relating to: materials of construction; landscaping; ecological enhancements; removal of permitted development rights; widening of the access; parking and garage to be provided and retained for parking; submission of an archaeological written scheme of investigation; and submission of details of windows and doors.

To a question on the South Normanton application setting a precedent for future decisions, the Development Management and Land Charges Manager explained UK National Government policy would take precedence in the future.  While the unsuccessful application would provide a case precedent, it would not set a policy precedent.  The Senior Devolution Lead for Planning Policy, Strategic Growth and Housing added the inspector would take a decision on existing policy, not on a single case.

To a question on why Officers had recommended the 16 The Chine, Broadmeadows, South Normanton, Alfreton, DE55 3AN application, when the inspector had agreed with Members to refuse during the appeal, the Development Management and Land Charges Manager explained the site had been a sustainable location.  However, the inspector had agreed with Members on the lack of available public transport and the need for personal car travel to access the site – this went against the application.  However, Officers could consider the inspector’s decision in the future.

A Member stated this was one of the reasons Members made the decisions on Planning applications, as they could use their own first-hand knowledge and views of applications like the one above.

Moved by Councillor Deborah Watson and seconded by Councillor Duncan McGregor

RESOLVED that: 1)  This report be noted; and,

2)    Recommend appeal decisions continue to be reported to Committee Members every 6 months