Agenda item

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 contained within the National Planning Policy Framework (2023).

2.              The siting of the development, beyond the settlement limits and its layout and appearance would have an urbanising impact on the rural character of the landscape and would not respect the character, setting and distinctiveness of the settlement contrary to Policies SS1, SC2 and SC3 of the Local Plan for Bolsover (2020) and policy contained within the National Planning Policy Framework (2023).

3.              The proposed development will introduce an urban/suburban character to the edge of the settlement and entrance to the rural village, which will be visible from several locations throughout and surrounding the conservation area resulting in less than substantial harm to this designated heritage asset. This harm would not be outweighed by the modest public benefits to be derived from the delivery of five dwellinghouses, contrary the requirements of Policies SC16 and SC21 of the Local Plan for Bolsover District and paragraph 208 of the National Planning Policy Framework (2023).

4.              The proposal results in a net loss for biodiversity, the extent of which has not been accurately calculated, nor has it been demonstrated that such loss can be appropriately compensated for to satisfy the requirements of Policy SC9 of the Local Plan for Bolsover District (2020) and the requirements of the Environment Act 2021.

Statement of Decision Process

The proposal does not comply with the policies and guidelines adopted by the Council and the decision has been taken in accord with these Policies and the guidelines of the National Planning Policy Framework.

There are not considered to be any minor amendments that could be made which would make this proposal acceptable in this location. It may be possible to address one of the reasons for refusal by the submission of further information in relation to biodiversity which could then be conditioned. However, such information and conditions would not overcome the fundamental reasons for refusal in terms of unsustainable location and impact on the countryside and historic assets. It was therefore considered unreasonable to insist the applicant go to the expense of additional reports and plans to potentially address one of the issues given that such reports would not overcome the fundamental issues relating to the location of the development.

Councillor John Ritchie returned to the meeting for consideration of the following items of business.