Agenda and minutes

Apologies for absence were received on behalf of Councillors Natalie Hoy.

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.

In relation to Agenda Item 6 – Application No. 18/00471/OUT 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.

In relation to Agenda Item 7 – Application No. 19/00432/OUT, Councillor Janet Tait declared a significant other interest arising from the application site being close to her home. She did not take part in consideration of the application, however she would speak during public speaking and then leave the room.

In relation to Agenda Item 7 – Application No. 19/00432/OUT, Councillor Jen Wilson declared an interest arising from her personal right of way across the application site. Councillor J. Wilson withdrew from the meeting for consideration of this item and did not participate in the discussion or vote.

To consider the minutes of the last meeting held on 23^rd October 2019

Moved by Councillor Duncan McGregor and seconded by Councillor Derek Adams.

RESOLVED that the minutes of a meeting of the Planning Committee held on 23rd October 2019 be approved as a true and correct record.

To consider the Notes of the Site Visits held on 22^nd November 2019

These will follow in the supplementary report.

It was noted that site visits scheduled for 22^nd November 2019 were cancelled because of the nature of the development proposals on the agenda.

Moved by Councillor Steve Fritchley and seconded by Councillor Duncan McGregor

RESOLVED that the cancellation of the site visits be noted.

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.

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

This application was one of two submitted together for a total of 15.37ha of land on the eastern side of South Normanton. 

A separate but related application for full planning permission for retail and hotel uses (application no. 18/00470/FUL) on the southern part of the site utilising the same access off the enlarged Berristow Lane/Carter Lane East/A38 roundabout, had been considered by the Planning Committee on 23^rd October 2019 which resolved to approve the application subject to referral to the Secretary of State. 

This application related to the northern part of the site which sought outline planning permission for the erection of Class B8 employment units with provision for trade counter and/or Class D2 Gymnasium Uses, with all matters reserved for future approval other than the means of access.  Class B8 was use for storage or as a distribution centre.

As a result of discussions with the applicant, the proposals for trade counter and leisure uses were deleted from the application and Members considered the appropriateness of the use of the site for B8 employment uses only, which would accord with the new Local Plan allocation set out in policy WC1.

In the absence of any other overriding planning considerations, the Planning Committee resolved to approve the application subject to an appropriate condition that would restrict the use of any buildings on the site to B8 uses and the full range of conditions suggested in the officer report.

Moved by Councillor Steve Fritchleyand seconded by Councillor Duncan McGregor

RESOLVED that application 18/00471/OUT be approved subject to the following conditions:

Reserved Matters

1. Details of the appearance, landscaping, layout, and scale  (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved.  (Reason: To comply with the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004.)

2. Application for approval of the reserved matters shall be made to the local planning authority not later than 3 years from the date of this permission.  (Reason: To comply with the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004.)

3.    The development hereby permitted shall commence within 3 years from the date of this permission or not later than 2 years from the date of approval of the last of the reserved matters, whichever is the later.  (Reason: To comply with the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004.)

Approved Plans and Specifications

4.    The development hereby permitted shall be carried  ...  view the full minutes text for item 475.

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.

Councillor Janet Tait spoke against the application and the left the room for the remainder of this item.

County Councillor Christine Dale attended the meeting and spoke against 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 had regard to the principle of development on the site for residential purposes; any benefits that would arise from the proposal, the effects of the development on the character of and appearance of the area; impacts on the amenities of neighbouring residents; impact on heritage asses; impact on biodiversity interests and impact on highway safety.

Moved by Councillor Tom Munro and seconded by Councillor Duncan McGregor

RESOLVED that application 19/00432/OUT be approved subject to:

A.  The prior completion of a S106 obligation requiring the dwellings to be 100% affordable rent; and

B.  The following conditions:

Reserved Matters

1.         Approval of the details of the layout, scale, appearance, and landscaping (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 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.

3.         This permission shall relate to the application an access location as amended by the revised Indicative layout Plan 18/2143/SK003 Rev D.

Archaeology

4. (a)    No development resulting in ground disturbance shall take place until a Written Scheme of Investigation for archaeological work has been submitted to and approved by the local planning authority in writing, and until any pre-start element of the approved scheme has been completed to the written satisfaction of the local planning authority.  The scheme shall include an assessment of significance and research questions; and

                      i.        The programme and methodology of site investigation and recording

                    ii.        The programme for post investigation assessment

                   iii.        Provision to be made for analysis of the site investigation and recording

                   iv.        Provision to be made for publication and dissemination of the analysis and records of the site investigation

                    v.        Provision to be made for archive deposition of the analysis and records of the site investigation

                   vi.        Nomination of a competent person or persons/organization to undertake the works set out within the Written Scheme of Investigation

4. (b)    No development shall take place other than in accordance with the archaeological Written Scheme of Investigation approved under condition (a)."

4. (c)    The development shall not be occupied until the site investigation and post investigation assessment  ...  view the full minutes text for item 476.

Committee considered the report of the Head of Planning which sought approval for a Local Development Order to grant planning permission for residential development on five Council-owned sites. The report also recommended the adoption of Local Development Orders for custom and self-build on these five sites subject to conditions.

Dorothy Platts attended the meeting and spoke against the Local Development Order Application – 19/00398/OTHER – Garage Block, Hawthorne Avenue, Tibshelf.

The location of the proposed sites were:

·         Hawthorne Avenue, Tibshelf  (Appendix 1);

·         Hazel Grove B, South Normanton (Appendix 2);

·         Baker Street, Creswell (Appendix 3);

·         Blind Lane, Bolsover (Appendix 4);

·         263A Creswell Road, Clowne (Appendix 5).

The sites were chosen because they were within the settlement framework where housing was acceptable in principle, had safe and suitable accesses and residential development on these sites was unlikely to have a harmful impact on the character, appearance and amenities of their local areas, subject to the following standard conditions:

·        Prior approval of: external appearance, landscaping, layout and scale must be obtained from the Local Planning Authority prior to the commencement of any development;

·        The design of the proposed development of the dwelling house/s must be in accordance with the design principles set out in the Successful Places Design Guide;

·        Any new build dwelling granted prior approval under this order must be built in accordance with the approved plans;

·        Each dwelling must be provided with a minimum of two parking spaces and any designated parking spaces, manoeuvring areas for vehicles off the public highway and access to the public highway shall be maintained free of any obstruction throughout the lifetime of any new house granted prior approval under this Order; and

·        site specific conditions set out in the detailed planning analysis of each site.

Appendices 1-5 to the report provided a further detailed planning analysis of each of these sites and these reports included any site-specific conditions and the reasons for those conditions.

The following condition was also proposed to be applied imposed to ensure that the Local Development Orders were prioritised for custom and self-build in accordance with the principal reasons for their adoption:  

Any new build dwelling granted prior approval under this order must meet the statutory definition of self build and custom housebuilding as defined in the Self-build and Custom Housebuilding Act 2015 (as amended by the Housing and Planning Act 2016)

Moved by Councillor Duncan McGregor and seconded by Councillor Steve Fritchley

RESOLVED that

(1)       Local Development Orders be adopted to grant planning permission for residential development on the following sites:

·           Hawthorne Avenue, Tibshelf

·           Hazel Grove B, South Normanton

·           Baker Street, Creswell

·           Blind Lane, Bolsover

·           263A Creswell Road, Clowne

subject to the following standard conditions:

1.    Prior approval of: external appearance, landscaping, layout and scale must be obtained from the Local Planning Authority prior to the commencement of any development

2.    The design of the proposed development of the dwelling house/s must be in accordance with the design principles set out in the Successful Places Design Guide

3.  ...  view the full minutes text for item 477.

Committee considered the report of the Head of Planning which sought approval for the adoption of the following 6 Conservation Area Appraisals:

·         Pleasley Village

·         Barlborough

·         Bolsover

·         Palterton

·         Tibshelf

·         Clowne

The report also sought approval for amendments to the Conservation Area boundaries of the designated Tibshelf and Barlborough Conservation Areas and approval to carry out an appraisal of the suitability of the Oxcroft settlement for Conservation Area status.

A Conservation Area Appraisal was a statement of significance that provided the supporting justification for a Conservation Area designation. It was a statement of what defined the character and appearance of a Conservation Area, identifying those elements in particular which were significant. 

An appraisal gave a conservation area designation greater weight in appeals. It informed the Local Plan, providing the necessary detail to support Conservation policies. In providing an understanding of the particular significance of an area, an appraisal supported the Council in its obligation to ‘preserve or enhance’ when making decisions on development proposals.

The report outlined the 27 Conservation Areas in the Bolsover District and the number with adopted appraisals, those proposed in this report and those proposed to be developed next. It was also proposed that an appraisal of Oxcroft be carried out to assess the suitability for the designation as a Conservation Area.

Boundary changes were proposed to Tibshelf and Barlborough Conservation Areas.

Moved by Councillor Duncan McGregor and seconded by Councillor Jim Clifton

RESOLVED  that

(1)       the Conservation Area Appraisal documents for Barlborough, Bolsover, Clowne, Pleasley Village, Tibshelf and Palterton, be adopted by the Council and the authority to make any minor amendments to these documents is delegated to the Heritage Conservation Manager.

(2)       the proposed amendments to the Conservation Area of Tibshelf as shown in Appendix 1 to the report, be designated as a conservation area, as an extension to the Tibshelf Conservation Area to be known as Extension No. 1.

(3)       the proposed amendment to the Conservation Area of Barlborough as shown in Appendix 2 to the report, be designated as a conservation area, as an extension to the Barlborough Conservation Area to be known as Extension No. 3.

(4)       That approval be given for the formal appraisal of Oxcroft settlement to assess whether it has the special architectural or historic interest to justify designation following the completion of the appraisals for the existing designated conservation areas.

(Heritage Conservation Manager)