Agenda and minutes

Planning Committee - Wednesday, 21st December, 2022 10.00 am

Venue: Council Chamber

Contact: Hannah Douthwaite  Governance Officer

No. Item


Apologies For Absence


No apologies for absence had been received.


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.


There were no urgent items of business to consider.


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.


There were no declarations of interest made at the meeting.


Minutes pdf icon PDF 241 KB

To consider the minutes of the last meeting held on 26th October 2022.


Moved by Councillor Nick Clarke and seconded by Councillor Duncan McGregor

RESOLVED that the Minutes of a Planning Committee held on 26th October 2022 be approved as a true and correct record.


22/00333/FUL - Erection of 2 marquee's and toilets re-surfacing of existing access lane in association with mixed use of the site and an extension of the family farm for the keeping of animals - Willow Tree Farm, Langwith Road, Shirebrook pdf icon PDF 403 KB


The Planning Manager presented a detailed report in relation to the above application. The application had been referred to the Planning Committee by the Planning Manager as the Environmental Health Officer had recommended that the application be refused.


Due to the nature of the application a temporary, two year planning permission had been recommended for approval to allow the impacts of the proposal to be fully assessed.


Letters of both support and objection had been received following public consultation and were detailed within the report.


The Environmental Health Officer had recommended that the application be refused, even if acoustic linings were installed in the marquee, additional mitigation measures would mean that the music levels would still need to be low and would not be suitable for the intended use.


Sports England had also objected to the application as it does not accord with any of the exceptions set out in Sports England’s playing fields policy, paragraph 99 of the National Planning Policy Framework or Policy ITCR7 of the Local Plan as the proposal would result in the loss of a playing field.


The Highway Authority had submitted no objections for the application to be granted for the temporary two year period as this would allow them to fully assess any highway concerns that may arise.


Mr Adam Hind (applicant) attended the meeting and spoke for the application.


Councillor Brian Murray-Carr attended the meeting and spoke against the application.


Mr Andrew hay attended the meeting and spoke against the application on behalf of

Mr Basil Hill.


Moved by Councillor Duncan McGregor and seconded by Councillor Natalie Hoy

RESOLVED that the application be REFUSED


Reasons for Refusal


1.     The proposal does not accord with any of the exceptions to Sport England’s playing fields policy or with paragraph 99 of the National Planning Policy Framework or Policy ITCR7 (Playing Pitches) in the Local Plan for Bolsover District (2020). As a result the proposal will lead to the loss of an allocated  playing field known as the Shirebrook Recreation Ground, contrary to the  provisions of the development plan.


2.     The noise report submitted with the application recognises there could be issues if the event plays music at the levels found typically with this sort of venue, and it proposes very low internal maximum noise limits, which are unlikely to make the venue viable for the proposed use. There is also no consideration of the noise levels from guests singing and shouting at the venue, only raised voices has been assessed. This is a significant source of noise at entertainment venues, and it is one that is not possible to reasonably mitigate given the nature of the venue. It is not considered possible to use reasonable and enforceable planning conditions that would safeguard neighbouring amenity and the proposal is therefore contrary to the requirements of Policy SC1 of the Local Plan for Bolsover District.


Statement of Decision Process


Officers have worked positively and pro-actively with the applicant to address issues raised during the consideration of  ...  view the full minutes text for item PL5-21/22


Proposed Conservation Area for Oxcroft Settlement pdf icon PDF 317 KB

Additional documents:


The Planning Manager presented a detailed report in relation to the proposed

Conservation Area for the Oxcroft Settlement.


The Oxcroft Settlers Association submitted a proposal for a designated conservation area for Oxcroft Settlement to the Council. An appraisal of the area/proposal was subsequently undertaken by the Conservation Manager and details of this were detailed within the report and associated appendices.


The proposed area included the original 18th and 19th century farmsteads, the

Oxcroft Settlers’ cottages from the 1930’s and 40’s and the areas of land that were the Settlement allotments. Although much of the fabric of the Settlement had changed over the years, Oxcroft has historic significance as a national heritage asset.


Members thanked the officers for the work they had undertaken so far on the



Moved by Councillor and seconded by Councillor

RESOLVED that the draft Conservation Area Appraisal for Oxcroft Settlement as detailed in Appendix 1 to the report be approved for public consultation.


Statement of Community Involvement pdf icon PDF 348 KB

Additional documents:


The Senior Planning Officer presented the report which was seeking approval of the Council’s Statement of Community Involvement.


Work commenced on the review of the Statement of Community Involvement in February 2022 and at its meeting in April the Planning Committee approved a 6 week public consultation exercise on a prepared draft Statement of Community Involvement.


During the consultation exercise 209 responses were received, 201 of which were made using the prepared online survey with a further 8 written submissions. The full set of responses were detailed within Appendix A to the report.


Moved by Councillor Duncan McGregor and seconded by Councillor Tom Munro

RESOLVED that the new Statement of Community Involvement as attached at

Appendix B to the report be approved and subsequently published.


Quarterly Update on Section 106 Agreement Monitoring pdf icon PDF 463 KB


The Community Arts Development Officer and the Leisure Special Projects Officer entered the meeting.


The Principal Planning Policy Officer presented the quarterly progress report in

respect of the monitoring of Section 106 Agreements. In line with the approved

Procedure the progress report is required to highlight any sums at risk of clawback that need spending within 24 months.


In the last update to the Planning Committee it was identified that there were 6 sums within the 12 month spend period, since this meeting that number had now reduced to 5 as the Thurgaton Way project had now been handed over to the CCG.


It was noted that a hand over event was currently being planned for the 31st March 2023 for the Art work project at The Brambles Doe Lea. Currently, the Parish Council had advised that they were in discussions with high level management at several energy companies to push the agenda for the unmetered supply to the site. It was expected that the Council may end up taking on the supply and would then invoice the Parish Council.


The Carter Lane West project had progressed and officers were currently waiting for invoices to be received.


A Working Group meeting had been scheduled for early 2023 to progress the Spa Croft project further so more information would be provided within the next update.


The report also detailed the 9 sums that were within their 24 month spend period and a detailed breakdown was provided for each, with Members given the opportunity to ask the lead officer questions.


Moved by Councillor Duncan McGregor and seconded by Councillor Natalie Hoy

RESOLVED that the update report be noted.


The meeting closed at 11:12 hours.