Agenda and minutes

An apology for absence was received on behalf of Councillor Lisa Powell.

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.

As set out in the Supplementary Update report, since the publication of the agenda, the Planning Inspectorate had notified the Council of a planning appeal relating to Willow Tree Family Farm, Langwith Road, Shirebrook (application number 22/00333/FUL).

At the Planning Committee held on 21st December 2022, this application had been refused contrary to officer recommendations.

The Appeal was to be heard via written representations and the start date was the 28th June 2023.

The timetable for the submission of the Council’s appeal questionnaire and case was set by the Planning Inspectorate as follows:

5th July 2023 – completion / submission of the appeal questionnaire and notification to all interested parties.

2nd August 2023 – submission of the Council’s statement of case.

16th August 2023 – submission of any final comments.

Given the tight timescale this meeting was the only one scheduled before the deadline for the submission of the Council’s statement of case. It was therefore requested that Members delegate authority to the Interim Head of Planning Development to produce the wording for the documentation in order to meet the deadlines set by the Planning Inspectorate.

Members agreed that as some new Councillors were not on the Planning Committee at the time the application was heard, the final wording should be signed off by the Chair and Vice Chair of the Committee.

Moved by Councillor Duncan McGregor and seconded by Councillor Phil Smith

RESOLVED that the final wording for the Council’s statement of case be produced by the Interim Head of Development Management in consultation with the Chair and Vice Chair prior to submission.

(Interim Head of Development Management)

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.

Councillor John Ritchie advised the meeting that he had been previously contacted directly by the applicant, therefore, he would take no part in discussing the application but would remain in the meeting.

To consider the minutes of the last meeting held on 7^th June 2023.

Moved by Councillor Duncan McGregor and seconded by Councillor John Ritchie

RESOLVED that the Minutes of a Planning Committee held on 7th June 2023 be approved as a correct record.

Committee considered a detailed report in relation to the above application.

The application had been referred to Planning Committee by Councillor John Ritchie on the basis that it was being made retrospectively, and he wanted the planning considerations for this specific case (development in the open countryside / sustainable development) to be discussed at committee level.

The Supplementary Update report noted two corrections to the main report being;

The recommendation is to refuse the application because the site is within the open countryside and the proposal does not meet the requirements of Local Plan Policies SS9 (Development in the Countryside,) LC7 (Agricultural, Forestry and Other Occupational Dwellings in the Countryside) and SS1 (Sustainable Development).

The speed limit on Mansfield Road was 50mph and not 60mph.

The proposed site location was set slightly lower than the road and formed part of a larger grass field, rising very slightly to the east, with a mature hedge along the northern site boundary.

Previous planning permission had been granted in 2021, to change the use of the site from agricultural to equestrian. It was also noted that the access to the site was substandard in terms of visibility.

The application was seeking permission for the siting of a three-bedroom, static caravan to be occupied as a dwelling. The location of the caravan was proposed to be sited in the northwest corner of the site, adjacent to Mansfield Road.

Derbyshire County Council Highways had submitted concerns relating to the severely

restricted visibility when emerging from the site, and the increase in vehicular movement in and out due to the remote location. Overall, the highways department recommended that the application be refused.

The site was outside the development envelope for Scarcliffe within an area of open

countryside where new development was restricted by the requirements of Policy SS9 of the Local Plan for Bolsover District. The Officer recommendation as detailed in the report, was for the application to be refused.

Danielle Hobson (applicant) attended the meeting and spoke for the application.

Members were reminded that the issue of the applicant’s personal circumstances and financial position should not be considered as this was not a material planning

consideration.

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

RESOLVED that the application be REFUSED for the following reasons:

1.     The site is outside the development envelope for Scarcliffe within an area of open countryside where new development is restricted by the requirements of Policy SS9 of the Local Plan for Bolsover District. This policy states that development in the countryside will only be granted where it meets one of a number of criteria. The proposal is not considered to fall within any of the criteria set out in this policy and as such the proposal is contrary to the requirements of Policy SS9 of the Local Plan.

2.     Policy LC7 of the Local Plan for Bolsover District makes allowance for new dwellings in the countryside based on the essential needs of agriculture, forestry or other rural  ...  view the full minutes text for item PL34-21/22