Agenda and draft minutes

There were no apologies for absence.

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.

Under the provisions of Section 100(B) 4(b) of the Local Government Act 1972, the Chair consented to this report being added to the agenda as an urgent item of business due to the deadline for submissions to the consultation being 29 November 2024.

Committee considered a detailed report presented by the Assistant Director Planning and Planning Policy which related to the scoping consultation received from the Planning Inspectorate for the Chesterfield to Willington overhead line development by National Grid Electricity Transmission (the Applicant). This proposed development was a Nationally Significant Infrastructure Project (NSIP) as defined in the Planning Act 2008 (as amended).

The Council was being consulted as to the scope and level of detail of the information to be provided by the Applicant in the Environmental Statement in its scoping report in support of the application for the overhead electricity line from Chesterfield to Willington.

A Non-Statutory Consultation was carried out by National Grid from 14^th May 2024 to 17^th September 2024 which was considered by the Planning Committee at its meeting on 17^th July 2024. A summary of the Committee’s concerns regarding aspects of the potential route and impact on various heritage aspects (such as Hardwick Hall) from the transmission lines was included in paragraph 1.4 of the report.

Members’ attention was drawn to officers’ draft comments/responses as detailed in the table in paragraph 2.5 of the report to be included as the Council’s response to the consultation.

Moved by Councillor Tom Munro and seconded by Councillor Duncan McGregor and following a vote

For the motion: unanimous

RESOLVED that approval be given to submit the comments included in           paragraph 2 of the report on the information that should be provided in           an Environmental Statement accompanying an application to be made           to the Secretary of State for the Chesterfield to Willington overhead line           (under the NSIP scheme).

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.

To consider the minutes of the last meeting held on 30^th October 2024.

Moved by Councillor Duncan McGregor and seconded by Councillor Rob Hiney-Saunders and following a vote

For the motion: unanimous

RESOLVED that the minutes of a meeting of the Planning Committee held on 30^th October 2024 be approved as a true and correct record subject to the following amendments:

PL107-24/25 Declarations of Interest

Councillors Janet Tait, Deborah Watson and Carol Wood left the meeting having previously declared interests in the following item.

Committee considered a detailed 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 application proposed material amendments to the residential development approved under planning reference 22/00380/FUL which included:

·       revisions to the elevations of the assisted living unit and certain plot numbers;

·       changes to window sizes and styles;

·       enlargement of car park,

·       new electricity substation;

·       an enclosure to the rear independent living building to hour air source heat pumps and a sprinkler taken; and

·       removal of additional trees.

Concern was expressed by Councillor Duncan McGregor that the proposed amendments related solely to reducing costs of the development following receipt of the initial planning approval. The Committee was advised that it was not unusual for changes such as window sizes to be proposed once more detailed plans were drawn up and building regulations were also taken into account.

Moved by Councillor Rob Hiney-Saunders and seconded by Councillor John Ritchie and following a vote

For the motion: 7

Against the motion: 0

Abstentions: 0

RESOLVED that application be approved subject to the following conditions:

1.             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:

Site Plans:

·             12213-WMS-30-ZZ-DR-A-13001-S8-P01- Site Location Plan

·             12213-WMS-30-ZZ-DR-A-13002-S2-P03 - Proposed Block Plan

·             12213 - WMS - 30 - XX - D - A - 10002 - A - C08 – Proposed Site Plan

Dwellings:

·             12213-WMS-30-00-DR-A-13020-S8-P02 - Proposed 1B2P Detached Floor Plans

·             12213-WMS-30-00-DR-A-13040-S8-P02 - Proposed 1B2P Detached Elevations

·             12213-WMS-30-00-DR-A-13021-S8-P02 - Proposed 1B2P Semi-Detached Floor Plans

·             12213-WMS-30-00-DR-A-13041-S8-P02 - Proposed 1B2P Semi-Detached Elevations

·             12213-WMS-30-00-DR-A-13022-S8-P02 - Proposed 2B3P Semi-Detached Bungalow Floor Plans

·             12213-WMS-30-00-DR-A-13042-S8-P02 - Proposed 2B3P Semi-Detached Elevations

·             12213-WMS-30-00-DR-A-13023-S8-P02 - Proposed 2B3P Semi-Detached Bungalow with Bay Window - Floor Plans

·             12213-WMS-30-00-DR-A-13043-S8-P02 - Proposed 2B3P Semi-Detached Bungalow with Bay Window - Elevations

·             12213-WMS-30-00-DR-A-13024-S8-P02 - Proposed 2B3P L-Shape Semi-Detached Bungalow - Floor Plans

·             12213-WMS-30-00-DR-A-13044-S8-P02 - Proposed 2B3P L-Shape Semi-Detached Bungalow - Elevations

·             12213-WMS-30-00-DR-A-13026-S8-P02 - Proposed 2B3P Narrow Front Semi-Detached Bungalow - Floor Plans

·             12213-WMS-30-00-DR-A-13046-S8-P02 - Proposed 2B3P Narrow Front Semi-Detached Bungalow - Elevations

·             12213-WMS-30-ZZ-D-A-10420-A-C04_3B5P_House_Semi Detached _ GA _ Plans _ Plots_9,10,13,14

·             12213-WMS-30-ZZ-D-A-10620-A-C05_3B5P_House_Semi-Detached _ Elevations _ Plots_9,10

·             12213-WMS-30-ZZ-D-A-10625-A-C04_3B5P_House_Semi-Detached _ Elevations _ Plots _ 13,14

·             12213-WMS-30-00-DR-A-13028-S8-P02 - Proposed 3B5P Detached House - Floor Plans

·             12213-WMS-30-00-DR-A-13048-S8-P02 - Proposed 3B5P Detached House - Elevations

·             12213-WMS-30-00-DR-A-13029-S8-P01 - Proposed 4B7P Detached House - Floor Plans

·             12213-WMS-30-00-DR-A-13049-S8-P01 - Proposed 4B7P Detached House - Elevations

Independent Living Scheme:

·             12213-WMS-30-00-D-A-10400-A-C08_Proposed_ILS_Ground_Floor_Plan

·             12213-WMS-30-01-D-A-10401-A-C07_Proposed_ILS_First_Floor_Plan

·             12213-WMS-30-XX-DR-A-13034-S8-P01 - Proposed ILS - 1B2P Flat Types

·             12213-WMS-30-XX-DR-A-13035-S8-P01 - Proposed ILS - 2B3P Flat Types

·             12213-WMS-30-XX-D-A-10600-A-C07_Proposed_ILS_Elevations

Engineering:

·             12213-WMS-30-XX-DR-C-39201-S3-P2 - DRAINAGE_TO_BE_ABANDONED

·             12213-WMS-30-XX-DR-C-39202-S3-P3 - DRAINAGE_LAYOUT

·             12213-WMS-30-XX-DR-C-39203-S3-P2 - EXISTING_IMPERMEABLE_AREAS- 22.12.20

·             12213-WMS-30-XX-DR-C-39204-S3-P2 - PROPOSED_IMPERMEABLE_AREAS

·             12213-WMS-30-XX-DR-C-39205-S3-P2 - FLOOD_FLOW_ROUTES

·             12213-WMS-30-XX-DR-C-39001-S3-P2 - LEVELS_LAYOUT

·             12213-WMS-30-XX-DR-C-39501-S3-P3 - STOPPING_UP

·             12213-WMS-30-XX-DR-C-39502-S3-P4 - VISIBILITY_SPLAYS

·             12213-WMS-30-XX-T-C-32101-S8-P3 - DRAINAGE_STATEMENT

Other plans:

·             NC1V-004 1.0 – Ground mounted transformer – Foundation layout and details.  Option 4

·             12213-WMS-30-XX-D-A-17700-A-C2 – Proposed ILS External Enclosure Details.

2                 The development hereby approved shall be carried out in accordance with the  ...  view the full minutes text for item PL120-24/25

Committee considered a detailed report and update sheet which included a late submission from the Derbyshire Wildlife Trust in relation to the above application. The Development Management and Land Charges Manager presented the report and provided details of the application and highlighted the location and features of the site and key issues which included:

·       Application code 18/00411/OUT had previously been approved by Planning Committee in March 2019, contrary to officer recommendation but this approval had lapsed as the development had not taken place.

·       This application 24/00264/FUL was recommended for refusal and was considered contrary to the requirements of Policies SS1 and SS9 of the Local Plan for Bolsover (2020) and policy contained within the National Planning Policy Framework (2023).

Mr A Dodds attended the meeting and spoke against the application.

Mr M Worrall attended the meeting and spoke against the application.

Mr J Church on behalf of the applicant attended the meeting and spoke in support of the application.

During discussion Members made the following comments and additional information was provided in response to their questions:

·       The previous planning permission had lapsed and since the original approval was given there had been legislative and planning changes including the approval of the Local Plan for Bolsover in 2020 and policy changes in the National Planning Policy Framework (2023).

·       Councillor Carol Wood acknowledged that notwithstanding the Council’s current planning policies the proposed application would not have detrimental impact on parking and overlooking etc. It was questioned whether a S106 agreement could include the gifting of the land to existing property owners. This was confirmed to be a private matter and not a planning issue. 

·       It was confirmed that the reasons for refusal were defendable in the event of an appeal being made by the applicant. There would be a negative impact on the character of the village.  It would introduce a suburban form of development and be harmful to the setting of the existing settlement and pattern of development.

·       The boundary for the village was set in the Local Plan to define where urban areas ended and countryside began.  The feedback on the public consultation during the development of the Local Plan for Bolsover was that the countryside should be retained with development focusing on urban areas.

·       Approval of the application would mean the character of the settlement and its landscape setting would change and may set a precedent for future planning applications.

Moved by Councillor Duncan McGregor and seconded by Councillor Phil Smith and following a vote

For the motion: 6

Against the motion: 3

It was therefore RESOLVED that application be refused for the following           reasons:

1.              The site lies outside of the development envelope for Scarcliffe, within an area of open countryside. The proposal does not meet the spatial strategy for the distribution of housing development and results in unwarranted encroachment and unsustainable development in the countryside that is contrary to the requirements of Policies SS1 and SS9 of the Local Plan for Bolsover (2020) and policy  ...  view the full minutes text for item PL121-24/25

Consideration was given to a report of the Assistant Director of Planning and Planning Policy relating to the preparation of a draft consultation on a local validation checklist (Local List) for planning applications. The report was presented by the Development Management and Land Charges Manager who confirmed that:

·       One key driver for a Local List for Bolsover was that it would enable planning applications to be considered in a timely manner in line with key performance indicators by ensuring applicants provided all the necessary information at the validation stage.  By having a Local List this could avoid delays by officers having to request additional or supporting information.  

·       A Local List would set out all the information that would be required when submitting planning applications. Under paragraph 44 of the National Planning Policy Framework authorities were required to publish their list of information requirements for applications for planning applications but these should be kept to a minimum, must be relevant and material to the application to make decisions. The Local List should be reviewed at least every two years.

·       Proposals to adopt a Local List would be presented to a future planning committee and include the outcome of the consultation exercise, Equality Impact Assessments and final adoption draft of the document.

During discussion Members suggested that further research be undertaken which could provide additional guidance to applicants in relation to the increasing number of applications for change of use from residential dwellings to children’s homes and the conversion of family homes to Houses of Multiple Occupation.

Moved by Councillor Duncan McGregor and seconded by Councillor John Ritchie and following a vote

For the motion: unanimous

Against the motion: 0

RESOLVED that (1) approval be given for the preparation of the draft Validation Checklist (Local List) for planning applications for the purposes of the consultation exercise as outlined in the report; and

          (2) delegated authority be given to the Assistant Director of Planning and Planning Policy in consultation with the Chair and Vice-Chair of Planning Committee to finalise the text of the consultation draft Validation Checklist prior to commencing the planned consultation exercise.

An adjournment took place from 11.23 am to 11.40 am and Councillor Chris Kane left the meeting at this point.

The committee considered a report of the Assistant Director Planning and Planning Policy presented by the Principal Planning Policy Officer. The report provided an update to members on the housing land supply and sought approval for the publication of the Council’s Annual Position Statement on the Five-Year Housing Land Supply. The Annual Statement had been prepared covering the position for the period from 1^st April 2024 to 31^st March 2029.

The Local Plan for Bolsover District set out a 272 new homes figure per year for the period from 1^st April 2014 to 31^st March 2024. The number of dwellings ‘ready for occupation’ had exceed the annual requirement over that period by 959 dwellings.

The Five-Year Housing Supply from 1^st April 2024 identified a supply of 2,272 dwellings so that the Council could show 8.35 years of deliverable housing land supply for the period 2024/25 to 2028/29.  Appendix A set out the Council’s annual position statement of its Five-Year Housing Land Supply.  Appendix B set out a full list of major development sites and their contribution to the Council’s Five-Year Housing Land Supply.

A series of changes to the National Planning Policy Framework (NPPF) proposed by Government may mean that the local housing need under standard method is amended to 404 dwellings per annum plus a buffer of at least 5%. The new target equated to 424 proposed for Bolsover District which would result in a reduction of deliverable Bolsover housing supply reducing from 8.35 years (272 dwellings) to 5.35 year (424 dwellings).

During discussion concern was expressed on the increased targets from government and factors over which the Council had no control including uncertainty in the housing market, mortgage interest rates or developments stalling and failing. Officers confirmed that at present the Council was in a strong position, the situation would be monitored and many of the major development sites had already commenced.

Moved by Councillor John Ritchie and seconded by Councillor Duncan McGregor and following a vote

For the motion: unanimous

RESOLVED that (1) the detailed issues set out in the report be noted;

(2) the assessment of the Council’s Annual Position Statement of Five-Year Housing Land Supply 2024 as set out in Appendix A to the report be approved;

(3) authority be given for the publication to the Council’s website of the Annual Position Statement of Five-Year Housing Land Supply (Appendix A) and List of Major Development Sites and their contribution to the Council’s Five-Year Housing Land Supply (Appendix B); and

(4) delegated authority be given to the Assistant Director of Planning and Planning Policy in consultation with the Chair and Vice-Chair of Planning Committee to make any minor changes to the text or information referred to in resolution 3 prior to publication.

The Committee considered a report of the Assistant Director Planning and Planning Policy presented by the Senior Planning Policy Officer which provided Members with an update on the preparation of the Shirebrook Growth Plan: Preferred Option briefing note and sought approval for the next stage of the preparation process.

It was confirmed that at its meeting in July, Members of the Local Plan Implementation and Advisory Group had provided a steer that their preferred growth option for Shirebrook was option C: High Growth, with the proviso that any growth met and was accompanied by the necessary increase in infrastructure capacity and delivered increased levels of affordable housing, ie greater than the Local Plan for Bolsover District policy requirement of 10% affordable housing provision. Appendix 1 to the report included the briefing note for engagement with infrastructure providers and site promoters which would be undertaken. Then a final Shirebrook Growth Plan would be submitted to the March meeting of the Planning Committee for approval.

Moved by Councillor John Ritchie and seconded by Councillor McGregor

RESOLVED that the Shirebrook Growth Option: Preferred Growth Option be approved and that engagement with infrastructure providers and site promoters commence to inform the preparation of the final Growth Plan.

The Community Arts Development Officer and Leisure Facilities Planning & Development Manager entered the meeting.

The Committee considered a report of the Assistant Director of Planning and Planning Policy which provided an update on the Internal Audit of the Council’s Section 106 Agreement Procedure and resulting proposed revisions to the Procedure.

An Internal Audit review of the Council’s S106 Agreement monitoring procedure was undertaken between June and October 2024 with the Audit Report and recommendations attached as Appendix 1 to the report. Whilst the reliability of the controls or managing risk were assessed as reasonable with the majority of controls considered to be in place working effectively, some improvements had been identified.

The Principal Planning Policy Officer highlighted the progress made against the recommendations as detailed in the report and confirmed that the redaction of signatures in the planning database had been completed.  Members were asked to approve the proposed revisions to the monitoring procedure at Appendix 2.

Moved by Councillor Duncan McGregor and seconded by Councillor Tom Munro

RESOLVED that (1) the Section 106 Audit Report (October 2024) be noted;

          (2) that the Section 106 Agreement Monitoring Procedure (as attached at Appendix 2 to the report) be approved.

The Committee considered a report of the Assistant Director of Planning and Planning Policy presented by the Principal Planning Policy Officer, which provided Members with an update on Section 106 (S106) Agreements and progress made in spending the allocated sums. 

In addition to the information provided in the report the following updates were provided at the meeting by the Principal Planning Policy Officer, the Community Arts Development Officer and Leisure Facilities Planning & Development Manager:

·       Item 8 - Mansfield Road, Tibshelf – provision of outdoor sports infrastructure focused on youth recreation and installation of a multi-use games area (MUGA).  The project was complete with the official opening on Saturday 12 October 2024. Members were advised that there was a residual sum of £2,500 and not £5,112 as stated in the report which was to be used for repair of play equipment at another site in Tibshelf.

·       Item 11 - Station Road, Langwith Junction – it was confirmed that Gleesons had responded positively to the following proposals and that the Langwith Practice were seeking the quotes to convert a meeting room into a clinical room and an administration room to be converted into a clinical support room.  This would increase patient capacity and fulfil the requirements of the S106 agreement and leave approximately £9,000 unspent which could be used as a contribution towards the new health centre at Cresswell which would also increase capacity at the Langwith Practice.

·       Item 4 - Spa Croft, Tibshelf – it was confirmed that seven artists had shown an interest in considering the commission for an artwork based on a stone pillar.  The Artists Contract and Request for Quote have been completed and the quotation open date was 2^nd December 2024 with the closing date being 14^th January 2025.  The project start date will be week commencing 20^th January 2025 and completion date 30^th September 2025.

·       Item 16 - Creswell Road, Clowne – the Parish Council was out for public consultation as to whether the community wanted a skatepark with the deadline being 2 January 2025.  It was confirmed that if the skatepark was not to proceed then the alternative scheme for additional play equipment would be progressed.  However, if the decision was to progress with the skatepark a preferred contractor had already been identified.

·       Item 17 – Land at Thornhill Drive, South Normanton – Art – S106 requires that the art should be related to the site and there was no space for this.  This will now focus on a pilot project in that area which will last for one year April 2025 to March 2026 with targeted marketing and information for the residents of this development and the wider South Normanton Area to develop several initiatives such as youth arts and technology sessions, a feasibility study for the connectivity to cultural corridors in the district and an artist in residence for a part of that year.  In response to a question relating to future S106 arts contribution then further checks would  ...  view the full minutes text for item PL126-24/25

Members considered a detailed report of the Assistant Director Planning and Planning Policy presented by the Principal Planning Policy Officer relating to the Annual Infrastructure Funding Statement 2023/24.

The publishing of the Annual Infrastructure Funding Statement ensure that the developer contributions towards infrastructure were more transparent and accountable.  Infrastructure in this context defines all the requirements needed to make places function efficiently and create sustainable communities.

The Annual Infrastructure Statement was appended to the report and included detailed information relating to receipts and spend of S106 monies.

The summary key headlines for the 2023/24 financial year were as follows:

It was confirmed that the balance held by the Council demonstrated the need to have effective delivery and monitoring systems in place to ensure that the planned local infrastructure was delivered and that the full benefits of new development were achieved. The S106 Monitoring Procedure as amended by the recent Audit underpinned this aim.

Moved by Councillor Duncan McGregor and seconded by Councillor Rob Hiney-Saunders

RESOLVED (1) that the requirements of the Community Infrastructure Levy

          (Amendment) (England) (No 2) Regulations 2019 in relation to Annual           Infrastructure Funding Statements be noted; and

          (2) that the Annual Infrastructure Funding Statement 2023/24 be           approved and published to comply with regulations.

The Chair expressed his thanks to officers for their support and members and the public for their attendance during the long meeting.