Contact: Alison Bluff Governance Officer
Apologies For Absence
There were no apologies for absence.
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.
To consider the minutes of the last meeting held on ####
Moved by Councillor Derek Adams and seconded by Councillor Duncan McGregor
RESOLVED that the Minutes of a Planning Committee held on 15th September 2021 be approved as a correct record.
Applications to be considered under the Town & Country Planning Acts
20/00499/DETA2R – Change of use of agricultural buildings to granny flat and two holiday lets at Mill Pond House, Whaley Road, Langwith, Mansfield, NG20 9HS.
Committee considered a report presented by the Assistant Director - Development in relation to the above application.
Officers had referred the application to Planning Committee to allow Members the opportunity to consider any potential flood risk issues associated with the site and proposed development given an outstanding Environment Agency objection.
The report provided details of the application and highlighted the key issues, and noted that the Local Planning Authority had worked proactively with the applicant for several months during processing of the application but had not been able to overcome the fundamental issues associated with the sites location in an area that was at risk of flooding.
The Supplementary Report noted at the time of the committee agenda publication there was an outstanding consultation response from the Environment Agency (EA). Following an email sent to them on the 21st September 2021, querying whether the EA would support the Council’s decision should the application be refused and subsequently appealed, the EA had provided a response on 11th October 2021, confirming that they maintained their objection on the basis that the applicant had failed to provide sufficient information to enable the EA to confirm that the site would be safe in a flood event, and would support, provide guidance and comments to Bolsover District Council should the application be taken to appeal.
Mr Timothy Barker (Applicant) attended the meeting and spoke for the application.
It was noted by Members that the Environment Agency had not visited the site further to requests from the applicant.
Moved by Councillor Duncan McGregor and seconded by Councillor Chris Kane
RESOLVED that the Application be REFUSED
Reason for Refusal
1. Part Q.2 (1) of Class Q, Part 3, Schedule 2 of the Town and Country Planning General Permitted Development Order 2015 as amended, requires that where the development proposed is development under Class Q(a) together with development under Class Q(b), development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to 'flood risks on the site' (sub section d).
The building proposed for conversion, along with the site access and part of the driveway is sited within Flood Zones 2 and 3. The submitted Flood Risk Assessment which is deemed to be inadequate by the Environment Agency, does not comply with the requirements for site-specific flood risk assessments, as set out in paragraphs 30 to 32 of the Flood Risk and Coastal Change section of the planning practice guidance, and therefore fails to adequately assess the flood risks posed by the development. Without the submission of necessary information by the applicant, the proposal is considered to be contrary to the provision of Class Q as potential flood depths are at this ... view the full minutes text for item PL19-20/21