Agenda and minutes

Venue: Council Chamber, The Arc, Clowne

Contact: Donna Cairns  Senior Governance Officer

Items
No. Item

373.

Apologies For Absence

Minutes:

Apologies for absence were received on behalf of Councillors Anne Clarke and Dan Salt.

374.

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.

375.

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.

 

In relation to Agenda Item 6 (ii) – Application No. 18/00470/FUL, Councillor Graham Parkin declared that he had participated in the discussion at South Normanton Parish Council and the Parish Council had submitted an objection. Councillor Parkin therefore did not take part in the discussion or vote on this application.

376.

Minutes pdf icon PDF 321 KB

To consider the minutes of the last meeting held on 25th September 2019.

Minutes:

Moved by Councillor Derek Adams and seconded by Councillor Duncan McGregor

RESOLVED that, subject to the above amendments, the minutes of a meeting of the Planning Committee held on 25th September 2019 be approved as a true and correct record.

 

377.

Notes of Site Visits

To consider the Notes of the Site Visits held on 21st October 2019

These will follow in the supplementary report.

Minutes:

Moved by Councillor Deborah Watson and seconded by Councillor Liz Smyth

RESOLVED that the notes of the site visit held on 21st October 2019 be approved as a true and correct record.

378.

Applications to be determined under the Town & Country Planning Acts

378a

19/00256/VAR - Variation of Condition 8 (Flood Attenuation Pond), 9 (Surface water drainage details), 20 (new access junction replacing roundabout) of Planning Permission 17/00298/VAR - Rear of 16 to 124 and South West of 124 and Between Brickyard Farm and Barlborough Links Chesterfield Road, Barlborough pdf icon PDF 3 MB

Minutes:

This application was deferred from the meeting of the Planning Committee on 25th September 2019 in order to obtain further advice from an independent Highways Consultant.

                  

Further details relating to the application were included in the Supplementary Report, including an amended recommendation reflecting an additional financial contribution officer by the applicant towards highways improvements in the local area.

 

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.

 

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 only matters for consideration in this application were whether the revised drainage system with underground tank was acceptable and technically feasible, taking into account sustainable drainage principles, and whether the revised access was safe and suitable for the proposed development.

 

On the basis of the independent advice from the highways consultant, it was considered that the T-Junction proposed in the application would provide a safe and suitable access to both the housing site and the commercial site subject to the detailed design considerations that would be considered at the s.278 stage of the development.

 

It was also noted that the applicant offered to safeguard land for the provision of a suitable roundabout to provide for a left-turn solution out of Tally End and a sum of £150,000 was offered to be put towards a suitable roundabout at this location. Alternatively this money could be used towards other highways improvements within the local area.

 

Moved by Councillor Steve Fritchley and seconded by Councillor Janet Tait

RESOLVED that application 19/00256/VAR be approved subject to:

 

  1. prior entry into a legal agreement to secure land for the provision of a roundabout and a combined financial contribution of no less than £150,000 towards highway improvements within the local area;

 

  1. the following varied conditions: 

 

  1. The underground tank for the proposed sustainable drainage system for the housing development shall be located in accordance with the details shown on drawing No. E17/7044/004V (Revision V) produced by Haigh Huddleston and Associates.

 

  1. Prior to the occupation of any dwelling hereby permitted, a fully operational surface water drainage system shall have been completed on site in accordance with detailed plans and specifications first submitted to and agreed in writing by the local planning authority.

 

  1. Before any dwelling or other commercial building is first occupied, the new access junctions shall be formed onto the A619, Chesterfield Road generally in accordance with application drawing number LTP/3383/S1/01.01 Rev 0 produced by Local Transport Projects. 

 

AND

 

  1. the following conditions repeated from the original permission (application no. 17/00298/VAR)

 

Safeguarded Trees and Hedgerows

 

  1. The existing hedgerows and trees identified as to be safeguarded on the Design Concept and Illustrative masterplan drawings as contained within the Design and Access Statement and its addendum by FPCR LLP submitted with the application documents,  ...  view the full minutes text for item 378a

378b

18/00470/FUL - Frontage part of a mixed use retail, leisure and employment development comprising the demolition of existing dwellings and farm buildings and the erection of Class A1 Retail Class A3/A4 food and drink units, and Class C1 hotel with associated car parking, landscaping and service areas (on land also known as Wincobank Farm, North of Cartwright Lane) - Land To The North And West Of Berristow Farm, Mansfield Road, South Normanton pdf icon PDF 2 MB

Minutes:

Further details relating to the application were included in the Supplementary Report.

 

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.

 

Councillors Dexter Bullock, Mary Dooley and Andrew Joesbury attended the meeting and spoke in support of the application.

 

Matthew Williams of Williams Gallagher, representing the owners of Idlewells shopping centre and many other smaller business in the nearby towns, attended the meeting and spoke against the application.

 

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.

 

Members considered the identified conflict with the adopted Local Plan was diminished by the site allocation in the new Local Plan, which meant that the Council had already accepted the principle of development on this land through the plan making process.

 

An objection based on the site being outside of the settlement framework as defined by the adopted Local Plan would be unsustainable if any weight were to be attached to the new Local Plan.

 

Taking into account the status of the new Local Plan having been through examination in public and modifications, Members gave the new Local Plan significant weight and considered that the proposal would conflict with the allocation of this site for B1 and B2 uses in the new Local Plan.

 

However, Members were aware of additional but unallocated employment land coming forward in the local area and considered this would offset the loss of employment land in this particular location. This would also ensure the loss of this employment land would not compromise land availability for employment uses over the plan period across the District.

 

Members were also aware of proposals to locate employment buildings on the rear part of the site allocation which also provided some mitigation for the loss of part of this land for B2 and B8 uses.

 

In considering the relevant merits of local employment opportunities provided by the proposals (primarily retail and service industry) and by the site allocation (primarily industry and logistics), Members considered that they were of equal value and were mindful the Council’s Economic Development Team had advised the Council currently has no evidence to prioritise one sector over the over.

 

Members were also especially mindful of the fact that the Council’s independent and impartial consultants had advised that both the sequential tests and retail impact tests had been passed and the advice offered on the retail impact assessment was confirmed to be correct with reference to the changed situation in Sutton in Ashfield as reported by objectors to the proposals.

 

With this in mind, Members acknowledged that the proposals would have adverse impacts on Mansfield and Sutton town centres and that these impacts were of grave concern to many objecting to the proposals but were satisfied the impacts of the proposals would not  ...  view the full minutes text for item 378b

378c

19/00549/OTHER - Variation of the wording of S106 Planning Obligations agreed for Outline planning permission 14/00518/OUT relating to the community facilities contribution and play area contribution - Land to the North West of Broad Lane, Hodthorpe pdf icon PDF 423 KB

Minutes:

Further details relating to the application were included in the Supplementary Report.

 

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 was to vary the planning obligations in a completed S.106 legal agreement that was attached to an outline planning permission for residential development in Hodthorpe (14/00518/OUT).

 

Primarily for viability reasons, the applicant sought to delete the obligation to provide a new community building and proposed to provide a sum of £50,000 to Hodthorpe and Belph Parish Council to fund improvements of facilities to Hodthorpe Community Social Club and for ongoing maintenance and administration costs associated with the running of this Social Club. The report set out the other committed sums in the S.106 legal agreement.

 

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

                   

It was moved and seconded that the application be approved.

 

Councillor Jim Clifton moved an amendment that the application be deferred in order to allow officers to explore whether the agreed contribution to public art could be redirected to the NHS Derby and Derbyshire Clinical Commissioning Group (‘the CCG’) to provide funding to the Whitwell GP surgery being the closest to the development.

 

On being put to the vote, the vote on the amendment was tied. The Chair exercised his casting vote to vote against the amendment. The amendment was therefore lost.

 

A further amendment was proposed that the current application be approved but that officers also be asked to explore the possibility to redirect the funds for public arts to the CCG and bring back a further report on this proposal if successful. The mover and seconded of the original motion agreed to incorporate this amendment to the motion.

 

Moved by Councillor Duncan McGregor and seconded by Councillor Natalie Hoy

RESOLVED that

 

(1)        the proposed changes to the wording of the S.106 obligations for outline planning permission 14/00518/OUT be approved and that the draft deed of variation be signed and completed by the Council with the effect of:

 

A.   deleting the original obligation to provide a community building;

 

B.   adding an additional obligation to provide a commuted sum for use on the existing Hodthorpe Community Social Club; and

 

C.   to vary the obligation to provide an on-site play area.

 

(2)        that officers consult with the NHS Derby and Derbyshire Clinical Commissioning Group and negotiate with the applicant regarding the possibility to redirect the agreed contribution to public arts to the CCG to support the Whitwell GP surgery.

 

 

378d

19/00113/REM - Residential development of 101 dwellings and associated work (approval of reserved matters following outline planning permission 14/00518/OUT) - Land to the North West of Broad Lane, Hodthorpe pdf icon PDF 537 KB

Minutes:

Further details relating to the application were included in the Supplementary Report which included an amended recommendation which included a full set of proposed conditions.

 

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.

 

Roy Butterfield attended the meeting and spoke against the application.

 

This application was submitted solely for approval of reserved matters which included scale, layout, appearance and landscaping.

 

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

 

Members discussed concerns relating to the potential overlooking of plots 30 and 31 and the potential impact on the amenity of neighbouring properties to this part of the development. Plots 31 and 32 were proposed to be 2.5 storeys.

 

It was proposed that any approval of the application be contingent upon these plots being replaced with 2 storey equivalent dwellings.

 

 

 

 

 

 

Moved by Councillor Duncan McGregor and seconded by Councillor Jim Clifton

RESOLVED that application 19/00113/REM be approved subject to:

 

 

A.        the prior approval and completion of the Deed of Variation subject of the parallel application 19/00549/OTHER;

 

B.        Plots 30 and 31 being replaced with an appropriate two-storey equivalents; and

C.        the following conditions:

 

1.         Except where specifically stated or otherwise approved through the discharge of the conditions below, the development hereby permitted shall be carried out in accordance with the following approved drawings and documents:-

 

Site Layout Plan 00979-D02-R

Boundary Treatment 00979 D03 REV B

Materials Schedule 00979 D04 REV C

Street Scenes  00979 D22 REV C

Street Scenes  00979 D23 REV B

Landscape Masterplan C-1656-01 REV E  

Landscape Proposals 1 C-1656-02 REV E

Landscape Proposals 2 C-1656-03 REV E

Landscape Proposals 3 C-1656-04 REV D

Landscape Proposals 4 C-1656-05 REV E

Drainage and Levels Strategy 0163 1 REV E

Pond Sections 0163 – 9A

Environmental Noise Survey 28 Aug 2019

Supplementary Transport Assessment 22 Aug 2019

Design and Access Statement Rev B

House Types:-

House type Caddington 00979 D12 REV B

House type Lumley 00979 D21 REV 0

Halstead 00979 D10 REV C

Warwick 00979 D13 REV B

Windsor 00979 D14 REV B

Bamburgh 00979 D15 REV C

Rothway 00979 D16 REV B

Hardwick 00979 D17 REV A

Eaton 00979 D18 REV B

Staveley 00979 D19 REV A

Wentworth 00979 D20 REV A

 

R. To define the form of the development approved and for the avoidance of any doubt.

 

2.         Further to condition 3 of the outline planning permission requiring the provision of a pedestrian/cycle link from the western end of the site to the existing settlement, the 3m wide footpath/cycle link shown on the approved site layout plan (00979 D02 Rev R) to St Martin’s Walk shall be surfaced to an adoptable standard up to and linked with the carriageway on St Martins Walk beyond the southern boundary of the site and provided with dropped kerbs, all prior to the commencement of any other development on site.  ...  view the full minutes text for item 378d

379.

Proposals to include the former Bolsover Hospital site on Part 2 of the Brownfield Register pdf icon PDF 778 KB

Minutes:

Committee considered the report of the Planning Manager (Development Control) which explained the process of granting permission in principle for residential development on previously developed land through the Brownfield Land Register and sought approval for granting permission in principle for residential development on the former Bolsover Hospital site located off Welbeck Road in Bolsover.

 

The report explained the reasons that the former Bolsover Hospital site should be entered on to Part 1 of the Brownfield Land Register. It was considered that as ‘a matter of principle’; the site was available and suitable for housing and residential development of at least 5 dwellings could have been achieved on this site.

 

Committee were advised of the Council’s power to grant permission in principle for residential development on sites listed in Part 1 of the Register, which the Council wished to allocate for housing. Part 2 of a Brownfield Land Register would comprise of sites listed in Part 1 of the Register that have subsequently been granted ‘permission in principle’ for residential development.

 

Once a site had been entered on to Part 2 of a Brownfield Land Register it would have also been granted ‘permission in principle’ by the Council. A developer would then need to apply for a technical details consent before starting any development on site. This was similar to the two stage process for an outline permission followed by a reserved matters application.

 

It was considered that listing the former Bolsover Hospital site on Part 2 of a Brownfield Land Register would promote and accelerate housing delivery within the District by reducing the risk and cost to the developer of first submitting an application for outline planning permission and then submitting a reserved matters application.  It was proposed that the site be given permission for a minimum of 50 new houses and a maximum of 70 houses.

 

A completed s.106 legal agreement would also be needed to support an application for technical details consent which should include contributions towards local infrastructure, including on-site provision of 10% affordable housing and contributions to off-site open space and recreation provision education and health. Details of what was proposed in respect of the former Bolsover Hospital site contributions was set out in the report.

 

Before the site could be listed in Part 2 of the Brownfield Lane Register, consultation needed to be carried out with publicity by way of a site notice and information published on the Council’s website. The Council also needed to consult with Old Bolsover Town Council and Derbyshire County Council.

 

It was therefore recommended that before any resolution to approve the proposal to enter the former Bolsover Hospital site on to Part 2 of the Council’s Brownfield Land Register is taken into effect; public consultation is carried out and the permission only be granted if there are no overriding objections nor any significant amount of adverse representations arising from consultation on these proposals.  

 

 

Moved by Councillor Steve Fritchley and seconded by Councillor Jen Wilson

RESOLVED that-

 

(1)       Subject to the  ...  view the full minutes text for item 379.