Agenda and minutes

An apology for absence was received on behalf of Councillor 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 were no urgent items of business to consider.

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.

There were no declarations of interest made.

To consider the minutes of the last meeting held on 30^th June 2021

Moved by Councillor Duncan McGregor and seconded by Councillor Chris Kane

RESOLVED that the Minutes of a Planning Committee held on 30^th June 2021 be approved as a correct record.

No site visits had taken place on 10^th September 2021, however, the Chair had independently visited the site in relation to application 21/00301/FUL.

21/00350/FUL - Conversion of the existing playing field with an artificial grass surface with associated fencing, floodlighting, access paths, and a landscaped earth bund. Land South East Of The Arc, High Street, Clowne

i)          21/00350/FUL - Conversion of the existing playing field with an artificial grass surface with associated fencing, floodlighting, access paths, and a landscaped earth bund.  Land South East Of The Arc, High Street, Clowne

Committee considered a report presented by the Assistant Director - Development and Planning in relation to the above application submitted by Bolsover District Council. 

The application had been referred to Planning Committee as it was a ‘major’ development proposal and a small number of representations had been received from adjacent residents.  

The report provided details of the application and highlighted the key issues.

Further information was included in the Supplementary Report regarding a suggested amendment to the officer recommendation to allow the applicant to deal with any potential land slide issues, an outstanding consultation response from the Lead Local Flood Authority and their subsequent comment on the 8th September 2021 and two further representations received from adjacent residents were the Supplementary Report concluded that the proposed mitigation measures would address their concerns.

In response to a query from Councillor Allan Bailey, the Assistant Director – Development and Planning noted that there were no archaeology issues of concern in relation to the site.

In response to a query from Councillor Derek Adams, the Assistant Director – Development and Planning noted that the 3G artificial turf was recommended by the Football Association and any future cleaning issues of the turf would have previously been taken into consideration.

Moved by Councillor Duncan McGregor and seconded by Councillor Derek Adams

RESOLVED that the final decision on the application be delegated to the Planning Manager, in consultation with the Chair and Vice Chair of Planning Committee, subject to the receipt of the required topographical plan and confirmation that this is acceptable to the Council’s land stability advisors, Eastwoods.  The permission being subject to the conditions as detailed below, including any additional conditions that may be required through the Eastwoods consultation, and with the inclusion of the additional advisory notes suggested by the Lead Local Flood Authority (Derbyshire County Council).

Conditions

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

2.         The development hereby permitted shall be carried out in accordance with the following plans and documents and shall be retained as such for the life of the development:

·         Proposed drainage - 07 Rev 00; received on the 26th August 2021

·         Revised proposed site layout - 03 Rev 01; received on the 23rd August 2021

·         Revised proposed AGP layout - 04 Rev 02; received on the 23rd August 2021

·         Revised proposed AGP Elevations - 06 Rev 02; received on the 23rd August 2021

·         Landscaping planting plan - 780 Rev P03; received on the 23rd August 2021

·         Construction Phase Health and Safety Plan - Compiled for: Football Foundation (28/7/21); received on the 28th July 2021

·         Revised site location plan - 01 Rev 02; received on the 24th June 2021

·         Appendix D - Proposed materials and appearance - Surfacing Standards Ltd; received on the 11th  ...  view the full minutes text for item PL13-21/22

21/00301/FUL - Construction of 19 dwellings, Land Rear Of 39 To 59 The Woodlands, Whaley Thorns.

ii)         21/00301/FUL - Construction of 19 dwellings, Land Rear Of 39 To 59 The Woodlands, Whaley Thorns

Committee considered a report in relation to the above application presented by the Assistant Director – Development and Planning submitted by Bolsover District Council.

The application had been referred to Planning Committee given the financial viability issues raised in the submission, meaning normal S106 contributions towards recreation and leisure provisions were not being made.

The report provided details of the application and highlighted the key issues. 

Further information was included in the Supplementary Report regarding minor amendments to the Officer’s recommendation and details of the Wildlife Trust’s comments on the application were the Trust had no overriding objections to the scheme.

This was a previously developed site that was considered to represent sustainable development and accord with most policy requirements.  Whilst the normally required leisure contributions were not being provided, it was considered that the public benefit provided through the delivery of this fully affordable housing scheme outweighed the requirement in this case, evidenced by suitable financial viability assessment.

Dave Pearson and Stuart Downs, representatives from the Woodhead Group,

Chris Dawkins from William Saunders Architects, and the Council’s Property and Estates Manager, Katie Walters, were in attendance at the meeting to answer Members’ questions. 

Councillor Duncan McGregor welcomed the report and noted that it was a good report that explicitly set out the need of the types of houses that the Council wanted to develop.  He also noted the comment of the Strategic Housing Officer in the report in relation to the North Derbyshire and Bassetlaw Strategic Housing Market Assessment (2017), which had objectively assessed that an estimated 126 affordable homes should be brought forward each year to 2035, in order to meet all affordable housing need in the District.  This application was for affordable homes and would help to meet the need in the District in line with the Council’s Local Plan.  He also drew Members’ attention to the Planning balance conclusion in the report which he stated was important.

In response to a query from Councillor Jim Clifton, the Council’s Property and Estates Manager clarified that it would be the Council who would own and manage the properties and not a registered provider. 

In response to a query from the Chair, Stuart Downes from the Woodhead Group confirmed that the intention was to build the properties with a timber frame and the outside skin in brick.  This was because more sustainable construction was being looked at for this site and the application was actually going beyond meeting the Code for Sustainable Homes Level 3, and would meet the proposed building regulations for 2025.  The properties would produce 80% less carbon than properties being developed under current building regulations.

Moved by Councillor Duncan McGregor and seconded by Councillor Derek Adams

RESOLVED that the application be APPROVED subject to the following conditions;

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

Reason: To comply  ...  view the full minutes text for item PL14-21/22

Appeal Decisions – January 2021 to June 2021

Committee considered a report presented by the Assistant Director – Development and Planning in relation to appeal decisions for the period January 2021 to June 2021.

In November 2016, the Department for Communities and Local Government produced guidance entitled “Improving Planning Performance”.  This included guidance on the speed of planning decisions and also the quality of planning decisions.  This report related to the quality of decision making targets.

Following the first report of appeal decisions to Planning Committee in January 2019, Members agreed that appeal decisions continued to be reported to Committee every 6 months.

During the 6 months since the last monitoring period, the Council had had no appeals on Major planning applications determined.  The Council had only had two appeals on non-major applications, one of which included an application for costs.  Each of these appeals were allowed.  However, this only equated to 0.9% of the number of non-major applications determined within that period.  The Council was therefore still exceeding its appeal decision targets.  One appeal against an enforcement notice was also determined during this period, which was allowed and the enforcement notice quashed.

Although the last three appeal decisions had been allowed, overall, the low number of appeals against decisions indicated current decision making was still sound.

Moved by Councillor Tom Munro and seconded by Councillor Duncan McGregor

RESOLVED that the report be noted.

Update on Section 106 Agreement Monitoring

Committee considered a report presented by the Principal Planning Officer in relation to Section 106 agreement monitoring.

The report was the quarterly progress report following the meeting of the Section 106 Monitoring Group held on 27^th July 2021.

Members would recall that three sums had been identified in the June 2021 report as being at risk of clawback and which required spending within 12 months.  These were:

a.    The Brambles, Doe Lea - Art £4,361.11 (spend by date expired)

b.    Sterry House Farm - Informal POS £12,107 by 06.02.22

c.    Sterry House Farm - Art £3,045 by 18.04.22

Updates on these three sums recorded at the Section 106 Monitoring Group were detailed in the report and at the time of writing remained unspent.  However, work was ongoing to deliver the specified works in the required time and it was expected that the risk of clawback was guarded against. 

Moved by Councillor Tom Munro and seconded by Councillor Duncan McGregor

RESOLVED that the report be noted.

The meeting concluded at 1030 hours.