Agenda and minutes

There were no apologies for absence

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

Committee considered a detailed report and presentation slides in relation to the above application, presented by the Consultant Senior Planning Officer.

The planning application sought outline planning permission (all matters reserved) for up to 24 ha of employment land for uses that fell within use classes B1, B2 & B8 and up to 1,800 new homes.  The development also included 57.75 hectares of new Green Infrastructure, along with a range of other uses, which included educational and recreational uses, a retirement village, neighbourhood centre, hotel / restaurant, health and care, and leisure uses.  The proposal also involved the demolition of the buildings within the industrial estate at Station Road, which was needed to deliver a new link road from Clowne through to the site.  The development was shown as being divided into two phases (residential and commercial), albeit it would probably be delivered in several sub phases.

Matters such as access, layout, scale, appearance, and landscaping were reserved for future consideration.  If the application was approved, these matters would be considered in detail as part of future reserved matters applications, and not as part of this outline planning application.

The planning application related to the site often referred to as Clowne North but was also known as Clowne Garden Village (“the site”).  The application was previously given a resolution to grant planning permission by Planning Committee in June 2018, and this was subject to a signed Section 106 (“S.106”) legal agreement.  The S.106 agreement was needed to ensure that any off-site mitigation measures, financial contributions, and improvements agreed during the application process to make the development acceptable were delivered. 

Despite there being an agreement in principle on what matters should be included in the S.106 agreement, issues arose in respect of the highway improvement works.  The issues centred on agreeing an appropriate improvement scheme for the Treble Bob Roundabout (“TBR”).  As a result, the S.106 was never completed, and because the S.106 was never signed, the decision notice for the planning application was never issued and the application had not been formally determined since.

Over the period since the application was previously given a resolution to grant by Planning Committee in 2018, there had been extensive ongoing discussions between the applicant, National Highways (“NH”), and Derbyshire County Council Highways (“DCC Highways”).  These discussions had taken place to try and agree the highway improvement work details for the TBR.  Following these extensive discussions, an agreement had now been reached between DCC Highways, NH, and the applicant, in relation to the overall highway improvement schemes (discussed in detail later in the report).  With that considered, the applicant now wished to move the application forward to a formal determination. 

Since the application was previously considered by Planning Committee in June 2018, there had been some fundamental changes in planning policy at both a national and local level, which included an updated National Planning Policy Framework (December 2023) (“NPPF”), and a new Development Plan for Bolsover District Council, which was adopted in March 2020 (“the  ...  view the full minutes text for item PL102-23/24

As the time was approaching 1240 hours the meeting adjourned for a one hour lunch break.

Members raised further queries relating to the following matters to which BDC officers responded;

·       The proposal to widen and clear the culvert on Creswell Road, Clowne

·       Environmental Impact Assessment 2017 and Addendum

·       Viability of the site – amounts of funding under S106 monies

·       Sewage flood risk (STWA)

·       Treble Bob roundabout improvements if the proposed development did not go ahead

·       Clarity on greenbelt area

Councillor Duncan McGregor referred to the key matters as set out in the report and that Reserved Matters would cover most of the concerns raised at this meeting, and he gave notice of motion.

Councillor Rob Hiney-Saunders felt that some issues had not been given enough weight to, for example, the unassessed traffic and parking in Clowne, and based on the data that underpinned it he felt it should be given more weight.  He added that Active Travel England, the experts in non-car travel from a statutory point of view, had severe concerns.  There was also no confirmation on the culvert expansion, and in terms of material impacts that were not planning issues, there was unassessed material impact of the community infrastructure, particular the community centre and the cemetery.

Councillor Deborah Watson raised that if the application were refused, housing in Clowne would still be needed and this could ultimately be done in piece meal.

Councillor John Ritchie referred to the wording in relation to Development Plan Policy SS2 under the heading of Principle of Development in the report, and echoed Councillor Watson’s comments.

Councillor Phil Smith acknowledged the S106 solution and the fact that additional reports had been undertaken, noting the planning considerations had been met.

Moved by Councillor Duncan McGregor and seconded by Councillor John Ritchie that the application be approved.

Members requested a recorded vote be taken. 

For the motion: 8.  Against the motion: 2 (Councillors Rob Hiney-Saunders and Carol Wood). 

The motion was carried and it was therefore RESOLVED that the application be approved subject to prior entry into a s.106 legal agreement containing the following planning obligations:

                       A: Highways

·       The delivery of Treble Bob Roundabout Scheme

·       The delivery of the M1 Jct 30 Interim and Full Schemes

                       B: Active Travel & Passenger Transport Strategy

                       C: Travel Plan

·       £50,000 to Derbyshire County Council as a Travel Plan contribution for the implementation of a site wide Travel Plan

                       D: Affordable Housing

·       10% Provision and Tenure Type

                       E: Education

·       The transfer of serviced and accessible land to Derbyshire Country Council Education

·       The delivery of a new primary school by the applicant or a full contribution of £9,500,000 to Derbyshire Council Education for the delivery a new Primary School

·       Secondary School Contribution of £8,258,879

                       F: Health Care

·       £1,800,000 contribution towards to the Integrated Care Board to improve health care facilities.

                       G: Open Space Management Provisions

                       H: Provision for delivery of Skylark Mitigation

                       I: Viability Reappraisal & Deferred Contributions

·       A Viability Reappraisal requirement to establish the amount (if any) which is available for calculation of the Deferred Contributions.

                       Deferred Contributions:

·       SEND Contribution: Payment of £1,463,597 to Derbyshire County Council  ...  view the full minutes text for item PL104-23/24