Agenda and draft minutes

Planning Committee - Wednesday, 13th March, 2024 10.00 am

Venue: Council Chamber

Contact: Hannah Douthwaite  Governance Officer

Items
No. Item

PL61-23/24

Apologies For Absence

Minutes:

Apologies for absence had been received on behalf of Councillors Robert Hiney-Saunders and Janet Tait.

PL62-23/24

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 were no urgent items of business to consider.

PL63-23/24

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.

 

There were no declarations of interest made.

PL64-23/24

Minutes pdf icon PDF 368 KB

To consider the minutes of the last meeting held on 14th February 2024.

Minutes:

Moved by Councillor Duncan McGregor and seconded by Councillor John Ritchie

RESOLVED that the Minutes of a Planning Committee held on 14th February 2024 be approved as a correct record.

PL65-23/24

22/00402/FUL - Full planning application comprising proposed link road between Shuttlewood Road and Oxcroft Lane, including demolition of Boleappleton Farm and associated outbuildings, ground level changes, and construction of 161 dwellings with public open spaces, access routes, landscaping and associated works - Land South West Of Brockley Wood Oxcroft Lane Bolsover pdf icon PDF 2 MB

Minutes:

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

 

The application site was partially outside the settlement framework and so the proposal was contrary to the countryside protection policy SS9 of the local plan.  However, the application was recommended for approval.  Therefore, the decision had to be made by Planning Committee. 

 

The application had also been referred to Planning Committee by Councillor Donna Hales.

 

The proposed application offered a means to deliver a distributor road to link Shuttlewood Road through the site to connect to Oxcroft Lane in accordance with the requirement of local plan policy LC1.  A goal which otherwise was unlikely to be delivered for the foreseeable future.  The key issue to consider was whether this benefit, together with the other benefits of the development, outweighed the harm caused by approving the application contrary to SS9 and any other harms with consideration given to issues including:

·         the principle of the development and link road

·         highway safety and the local road network

·         the landscape and visual impact of the proposed development

·         biodiversity

·         design and housing layout

·         local infrastructure capacity

·         other technical issues: stability; archaeology; drainage; telecom mast; noise.

The application was a full planning application comprising proposed link road between Shuttlewood Road and Oxcroft Lane, including the demolition of Boleappleton Farm and associated outbuildings, ground level changes, and construction of 161 dwellings with public open space, access routes, landscaping and associated works.  An extract of the proposed layout plan was set out in the report.

 

The application was recommended for approval subject to prior entry into a s.106 legal agreement and subject to conditions.

 

36 objections had been received (plus an additional 6 representations following re-consultation, from people who had already objected following initial consultation).  The majority of objections had been received from residents of Shuttlewood Road.  1 resident had said that they would support the new link road. Details of the objections were set out in the report.

 

The Supplementary Update Report provided comments from the Leisure Services Officer, further information on the timing of the link road provision and affordable housing.  The report also set out updated recommendations (A, G and an additional recommendation H) and amended wording for conditions 20 and 21.

 

Councillor Cathy Jeffery, on behalf of Councillor Donna Hales, attended the meeting and spoke against the application.

 

Nick Clarke attended the meeting and spoke against the application.

 

Raymond Ford attended the meeting and spoke against the application.

 

Darren Abbott (Applicant) attended the meeting and spoke for the application.

 

Members of the Committee asked the applicant a number of questions regarding the construction of the link road, training for local labour, removal of hedgerows and the feasibility of the scheme.

 

Moved by Councillor Duncan McGregor and seconded by Councillor Phil Smith

RESOLVED that the application be APPROVED subject to prior entry into a s.106 legal agreement containing the following planning obligations (listed in precis form only):-

 

Provision and maintenance of off-site biodiversity compensation including a requirement for the submission and approval of  ...  view the full minutes text for item PL65-23/24

PL66-23/24

Appeal Decisions: July 2023 - December 2023 pdf icon PDF 342 KB

Minutes:

The Assistant Director of Planning and Planning Policy presented a report, which set out the Planning Service’s performance against the Government’s quality of decision-making targets.

 

From July to December 2023 the Council had had no appeals on major planning applications and three appeal decisions on non-major applications.  Two of these appeals had been dismissed and one had been allowed.  The appeal that had been allowed had been refused by Planning Committee, contrary to the officer recommendation.  However, this only equated to 0.57% of the number of non-major applications determined within that period.  Details of the three appeals were attached to the report at Appendices 1, 2 and 3. 

 

The Council had had no appeal decisions against the issue of an enforcement notice.

 

Moved by Councillor Tom Munro and seconded by Councillor Duncan McGregor

RESOLVED that (1) the six-monthly report be noted;

 

(2) the Planning Service continue to report appeal decisions to Planning Committee every six months.

 

PL67-23/24

Quarterly Update on S106 Agreement Monitoring pdf icon PDF 618 KB

Minutes:

Committee considered a report which provided progress in respect of the monitoring of Section 106 Agreements in order to give Members the opportunity to assess the effectiveness of the Council’s monitoring procedures.

 

The Principal Planning Policy Officer provided a further update to the report.

As of the Section 106 Monitoring Group meeting held on 18th January 2024, there were seven sums within their 24-month deadline and details of these had been provided in the report.  With respect to the sums within a 12-month deadline, there was an additional item which was the Outdoor Sport allocation for Mansfield Road, Tibshelf.

 

The Open Space allocation at Station Road, Langwith Junction was now completely spent and had been removed from the Action Plan.

 

The latest information for those sums that fell within the 24-month spend threshold included the following:

 

Rosewood Lodge Farm – Outdoor Sport

 

On the 15th February 2024, the contribution had been paid in full to the Parish Council. 

 

Rosewood Lodge Farm – Health

 

There was around two months left until the money needed to be spent.  The Integrated Care Board had confirmed that the potential for improvements at the surgery at Pinxton was not possible at this time and the internal reconfiguration of the Limes Medical Centre, to provide additional capacity would need to proceed.  The Integrated Care Board had confirmed that residents of both South Normanton and Pinxton were patients of the Medical Centre.

 

Mansfield Road, Tibshelf – Outdoor Sport

 

The Parish Council had extended the works that they wished to be undertaken but expected it to be completed in July 2024.  With progress to date, it was anticipated that the spending of the allocation sum would fall within the spending deadline.

 

Oxcroft Lane – Outdoor Sport

 

This allocation would contribute to a new skatepark in Hornscroft Park and construction was due to start in March 2024 and completion of works was expected in July 2024.

 

High Ash Farm, Clowne – Open Space

 

The Parish Council wished to improve the grassed area in from of Dominoes/the Ashgate Café and would be running a public consultation and request for design ideas. This was planned to take place in the next few months, with works being completed in early Autumn.

 

Station Road, Langwith Junction – Health

 

The Integrated Care Board had advised that they were in discussions with Langwith Medical Centre to agree a suitable scheme and had agreed that they would be able to spend the monies before the January 2025 deadline.

 

In relation of agreement monies held for years three, four and five, there were two new contributions that were now included in year five, with the allocation received from the development at Glapwell Nurseries for Outdoor Sport and the allocation for Open Space received from the development at Mooracre Lane, Bolsover.  In terms of Health, Highways and Biodiversity the spend profiles remained the same as for the previous financial quarter.

 

Moved by Councillor Duncan McGregor and seconded by Councillor Justin Gilbody

RESOLVED that the report be  ...  view the full minutes text for item PL67-23/24