Agenda and draft minutes

Apologies for absence were received on behalf of Councillors Chris Kane, Duncan McGregor, Janet Tait, Deborah Watson and Carol Wood.

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.

There were no declarations made at the meeting.

To consider the minutes of the last meeting held on 16^th April 2025.

Moved by Councillor Phil Smith and seconded by Councillor John Ritchie  

RESOLVED that the minutes of a meeting of the Planning Committee held on 16^th April 2025 be approved as a true and correct record.

The Development Management and Land Charges Manager presented the report to update the Committee on events that had taken place since the resolution to approve planning application code ref. 17/00640/OUT on 17^th September 2024.

Attention was brought to the supplementary document containing a response from the Bolsover Governance & Planning Association which sought reassurances regarding the application.

The report and supplementary document sought to detail the progress made on residual matters relating to the S.106 agreement and provide an update on the materiality of the changes to the National Planning Policy Framework (NPPF) made in December 2024 on the decision that was taken, the validity of the viability appraisal work that was undertaken in August 2024, and the duty under Regulation 30 of The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 to inform the public and the secretary of state of the final decision.

The intention of the report was to inform the Committee of the progress made – it was not to propose changes or deviation from the 17^th September 2024 resolution.

The S.106 legal agreement contained planning obligations including:

Significant progress had been made on drafting the obligations within a S.106 agreement in favour of both the Council and DCC to secure contributions as listed above.  The latest draft of the agreement was attached at Appendix 1.

The triggers within the agreement had been drafted to reflect the assumptions that fed into the viability review modelling work undertaken on behalf of the Council, including:

• Treble Bob Improvement: £5,293,907 – trigger point was prior to occupation of any phase of development;
• M1 Jct. 30: £535,764 – trigger point was prior to occupation of any phase of development;
• Healthcare Contribution: £1,800,000 – trigger point proposed was the occupation of the 600^th unit for the entire contribution;
• Travel Plan: £50,000 – divided into the ten instalments triggered on year 6 of the development;
• Primary School: £9,500,000 – divided into 3 instalments on occupation of the 375^th, 600^th and 800^th dwelling; and,
• Secondary School: £8,258,679  ...  view the full minutes text for item PL167-23/24

Committee considered a report in relation to the above application presented by the Development Management and Land Charges Manager, who gave details of the application and highlighted the location and features of the site and key issues.  The planning application sought approval for 2 three-storey buildings and 1 two-storey building that would deliver 9 one-bedroom flats at the ground floor and 9 two-bedroom two-storey flats, that would be delivered on the second and third floors of the building.

The application had been deferred from the Committee’s 16^th April 2025 meeting to allow officers to negotiate further contributions if viability increased.

Stephen K. Haslam spoke in favour of the application (on behalf of Mitchell Proctor Architects, the agent).

To a question on the enforcement of contributions following any increased viability, the Development Management and Land Charges Manager noted this was a complex area as assumptions were prescriptive regarding viability and were included in the agreement – any profit margin above 20% was seen as reasonable and would result in a 70% / 30% split of shared additional profit, with the Council prioritised.

This protocol would also entice all developers to seek additional profits above 20%.

A Member stated the current site was not attractive and the proposed development was desirable, but shared reservations on the 20% profit threshold before additional contributions would be sought.

Moved by Councillor John Ritchie and seconded by Councillor Rob Hiney-Saunders

RESOLVED that application no. 23/00439/FUL be APPROVED upon no objections being received from the Lead Local Flood Authority (LLFA), subject to the following             conditions, any other conditions recommended by the LLFA, and upon completion    of a S.106 agreement to secure a viability review mechanism at a suitable stage in       the build out of the site, to enable the education, open space and playing pitch      developer contributions to be made in circumstances where the development      proves to be more profitable than envisaged in the viability appraisal:

            Conditions

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

2. The development hereby approved shall be implemented in accordance with the following plans unless specifically stated otherwise in the conditions below:

·       Revised Location Plan (received 17^th January 2025);

·       Site Plan and Ground Floor Plan Plots 1-6 (Drawing no. 23 946 2 Rev. B, received 17^th January 2025);

·       Ground Floor Plots 7-9 and First Floor Plots 10-15 (Drawing no. 23 946 3 Rev. A, received 28^th March 2025);

·       Rooms in Roof Plots 10-15 and First Floor Plots 16-18 (Drawing no. 23 946 4 Rev. A, received 28^th March 2025);

·       Elevations (Drawing no. 23 946 5 Rev. C, received 28^th March 2025);

·       Sections (Drawing no. 23 946 6 Rev. A, received 28^th March 2025);

·       Hard and Soft Landscaping (Drawing no. 23 946 7 Rev. D, received 17^th January 2025).

3. Before the commencement of construction works including any demolition in connection with the development hereby approved, a programme of measures to minimise the spread of airborne dust from  ...  view the full minutes text for item PL168-23/24

Committee considered a report in relation to the above application presented by the Development Management and Land Charges Manager, who gave details of the application and highlighted the location and features of the site and key issues.  The planning application sought approval for mixed-use development comprising of up to 6,500 sqm of employment units, retention of existing 2,270 sqm offices, 2 retail units (total gross area up to 3,200 sqm, one being for discount food retail), and a drive-thru takeout unit including associated parking, infrastructure and access.

The Committee was adjourned at 10:41 hours to allow reading of the supplementary document which included formally submitted to and approved in writing representations made by Mr. Turner and Cllr. Donna Hales, as well as a further consultation response received from the Derbyshire Wildlife Trust.

The meeting was reconvened at 10:44 hours.

The Development Management and Land Charges Manager informed the recommended condition 29 of the supplementary document had an omission of phasing and it was requested, if approved by Committee, figure 29 would be amended to read: “29.Before the development hereby approved commences on an approved phase of the development, an employment scheme to enhance and maximise employment and training opportunities during the construction of that phase shall be formally submitted to and approved in writing by the Local Planning Authority.  The approved Scheme shall then be implemented in full unless in accordance with any such subsequent variations as shall have been formally submitted to and approved in writing by the Local Planning Authority”.

Bob Woollard spoke in favour of the application (the agent).

To a question regarding Mr. Turner’s representation in the supplementary document, the agent informed current tenants would have their accommodation prioritised and their transition to a new unit would not occur instantaneously.

The new units would also prove highly efficient, reducing future tenants’ energy usage and costs.

It was stated the applicant’s intentions was not to prioritise short-term profit, but to promote and support local businesses and local communities throughout the long-term.

In response to the representations in the supplementary document, a Member stated the view of the site from Bolsover Castle would likely improve from its current appearance.

To a question on the application’s effect on the Council’s Local Plan, the Senior Devolution Lead for Planning Policy, Strategic Growth and Housing informed the Council maintained its evaluation of its Local Plan and would keep under review the strategy and impact of the size and benefit of the application on Bolsover Town.

The Chair agreed with the previous statement the development would likely improve the current appearance of the site from Bolsover Castle.  It was added, due to other local developments in the District and in North East Derbyshire District, the development would provide additional incentive to make use of existing businesses and services in Bolsover Town and not detract from them.

Moved by Councillor Tom Munro and seconded by Councillor Rob Hiney-Saunders

RESOLVED that application no. 23/00180/OUT be APPROVED with the below             conditions following  ...  view the full minutes text for item PL169-23/24

Committee considered a report in relation to the above application presented by the Development Management and Land Charges Manager, who gave details of the application and highlighted the location and features of the site and key issues.  The planning application sought approval for mixed-use development comprising of up to 6,500 sqm of employment units, retention of existing 2,270 sqm offices, 2 retail units (total gross area up to 3,200 sqm, one being for discount food retail), and a drive-thru takeout unit including associated parking, infrastructure and access.

Chris Quinsee spoke in favour of the application (the agent, on behalf of Marcus Jolly – Limes Development, the applicant).

To a question on the process if the Committee approved the officer’s recommendation and Ashfield District Council’s Planning Committee did not, the agent informed it was not common developments like this straddled two districts, but that if one Local Planning Authority authorised development and the other did not, the applicant would seek to challenge the refused decision.

A Member noted part of the site had been allocated to HS2 before the East Midlands’ line was cancelled – while open countryside, it had been marked for development.  The agent stated the application would have been brought forward earlier had it not been for HS2.

To a question on the current vacancy of a neighbouring unit, the agent stated a tenant would be confirmed in the near future for the empty unit, and that there was demand for additional units that the proposed development would accommodate.

Moved by Councillor Phil Smith and seconded by Councillor John Ritchie

RESOLVED that application no. 23/00562/OUT be APPROVED following no objections      being received from the Lead Local Flood Authority (LLFA), subject to the following         conditions and any other conditions recommended by the LLFA:

1. Approval of the details of the 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. The development hereby permitted shall be carried out in accordance with the following approved drawings and documents unless specifically stated otherwise in the conditions below:

·       Proposed Masterplan Drawing Ref 22688-300-P-02;

·       Proposed Site Sections Drawing Ref 22688-301-P-00;

·       Proposed Masterplan B2 Drawing Ref 22688-302-P-02;

·       Highways General Arrangement Drawing Ref SNE-BWB-HGW-OO-DR-TR- 101;

·       HGV Tracking Drawing Ref SNE-BWB-HGW-OO-DR-TR-110;

·       Large Car Tracking Unit 1 Drawing Ref SNE-BWB-HGW-OO-DR-TR-111;

·       Large Car Tracking Unit 2 Drawing Ref SNE-BWB-HGW-OO-DR-TR-112;

·       Design and Access Statement Corstorphine + Wright July 2023;

·       Planning Statement Q+A Planning Ltd October 2023;

·       Transport Assessment BWB Consulting October 2023;

·       Framework Travel Plan BWB Consulting October 2023;  ...  view the full minutes text for item PL170-23/24