Agenda and minutes

To receive any apologies for absence and notices of substitutions from Members.

Apologies for absence were received from Councillor H Liggett. Councillor P Antcliff substituted for her. Councillor M Foster. Councillor L Deighton substituted for him.  Councillor A Cooper, R Hall, D Hancock and L Hartshorne

Members are 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 of Interest

To approve as a correct record and the Chair to sign the Minutes of Planning Committee held on 29 June 2021.

RESOLVED - The minutes of the meeting held on 29 June 2021 were approved as a true record. 

Application to remove condition 28 (Foothpath Link) of planning application 12/00718/OL - Major Development at The Woolpack, Town End, Shirland

(Planning Manager – Development Management)

The report to Committee explained that an Application had been submitted to remove Condition 28, Footpath Link, of Planning Application 12/00717/OL, a major development at The Woolpack, Town End, Shirland.

The application had been referred to the Committee by Local Ward Member, Councillor H Liggett, who had raised concerns about it.

Committee was recommended to conditionally approve the application, which would remove the condition to have a Footpath Link across the development to the local main road (Birkinstyle Lane). Approval of the change would be subject to the ‘Section 106’ Agreement, or a legal agreement reached between the Council as Planning Authority and the developer to help offset the impact on local people.

The report to Committee explained why Members were asked to approve the application. Committee heard that a section of the Footpath Link route would follow a narrow, unlit path with only limited natural surveillance and so could feel intimidating for those using it to cross the site. The Derbyshire Police ‘Designing Out Crime’ Officer shared these concerns and supported the removal of the Footpath Link. The report contended that removing the link would have very little impact on the local community, as there would another, more open, footpath link that they could use.

Before Members discussed the application those registered to speak were asked to address the Committee. The views of the Chair of Shirland and Higham Parish Council, Cllr A Brown, opposing the application, were read to the Committee. The Applicant, L Evans, spoke in support of it.

Committee considered the application. It took into account the relevant Planning Issues and Planning History. Committee noted that the principle of residential development on the site had been accepted through the granting of outline (NED/12/00718/OL) and reserved matters (NED/16/00524/RM) approvals. Committee heard that the only issue for consideration at this stage was whether the condition for the Footpath Link ought to be retained.

In this context, Committee was informed about the provisions of the Town and Country Planning Act 1990. In particular, when applications can be made for permission to develop, without complying with condition(s) which had previously been imposed on a planning permission.

Members discussed the application. They considered the planning history of the Link. They noted the original proposal for the Footpath, queried who had proposed it and how it had been agreed as a road safety measure. Members also discussed the history of the footpath and whether it was a well-established route used by local people. Members considered the implications for local people if the Link was removed and whether the alternative footpath route would offset any adverse impact.  They also reflected on the concerns about its design and considered whether this would make the Footpath more vulnerable to crime and anti-social behaviour.

Some Members expressed concern that because surrounding houses had been built since the condition was first set, it would be difficult to change the design or route of the footpath to make it less vulnerable to crime and anti-social behaviour.

Committee  ...  view the full minutes text for item PLA/14/21-22

Application for the construction of two agricultural buildings at land to the North East of 17 Main Road, Shirland

(Planning Manager – Development Management)

The report to Committee explained that an Application had been submitted for the construction of two agricultural buildings at land to the North East of 17 Main Road, Shirland. The application had been referred to the Committee by local Ward Member, Councillor H Liggett, who had raised concerns about it.

Committee was recommended to conditionally approve the application, subject to the conditions set out in the report.

The report to Committee explained why Members were asked to approve the application. It advised that the proposed development would be in line with the emerging local plan policies of the Council and the overarching aims of the National Planning Policy Framework (NPPF). In particular, officers had concluded that the scale, design and siting of the building was, on balance, in keeping with the character and appearance of the surrounding countryside. Consequently, it also advised that the proposed development would be appropriate for the location.

Before Members discussed the application the views of the Chair of Shirland and Higham Parish Council, Cllr A Brown, opposing the application, were read to the Committee. No other speakers addressed the Committee.

Committee considered the application It took into account the relevant Planning Issues. As part of this, Committee considered on the Principles of Development and the site’s countryside location, outside of any defined Settlement Development Limit (SDL). Committee also reflected on the grounds for development in the countryside, the heritage implications, as well as the impact on neighbouring properties, highways safety and possible land contamination issues.

Members discussed the application. They sought clarification on what specific agricultural purposes they would be used for. They discussed whether the buildings would be in keeping with the character of the countryside and could be classed as appropriate development.  Members also discussed whether, in the longer term, the buildings might be used for other purposes that would be inappropriate in a countryside setting and what action could be taken to prevent this.

At the conclusion of the discussion, Councillor P Elliot and A Powell moved and seconded a motion to approve the application with the conditions set out in the report and with the addition a further condition requiring the buildings be removed from the site if they were no longer required for agricultural purposes.

The motion was put to the vote and was approved.

RESOLVED -

That the application be approved, in line with officer recommendations, with the following additional condition. The final wording of the conditions delegated to the Planning Manager (Development Management). 

Conditions

1      The development hereby permitted shall be started within 3 years from the date of this permission.

 2     The development hereby approved shall be carried out in accordance with the following submitted plans, unless otherwise subsequently agreed through a formal submission under the Non Material Amendment procedures and unless otherwise required by any condition contained in this decision notice.

·         Drawing No. 102-12-02 Building 1 Tractor Shed Plans and Elevations (date published 16.02.2021)

·         Drawing No. 102-12-03 Building 2 Hay Barn Plans and Elevations (date published  ...  view the full minutes text for item PLA/15/21-22

Proposed loft conversion with two front formers, one rear dormer, and hips converted to gables. Single storey rear extension at 95 Windsor Drive, Wingerworth, Chesterfield

(Planning Manager – Development Management)

The report to Committee explained that an Application had been submitted, with amended plans, for a loft conversion and single storey rear extension at 95 Windsor Drive, Wingerworth.

The application had been referred to Committee by local Ward Member Councillor D Ruff, who had raised concerns about it.

Committee was recommended to grant planning permission, subject to the conditions set out in the report.  The final wording of these conditions to be delegated to the Planning manager (Development Management).

The report to Committee explained why Members were asked to approve the application. In particular, they were informed of the changes which had been made to the original proposals. The report contended that these changes now meant that the loft conversion and single storey extension would be in keeping with the local street scene and that their size and configuration would not result in a significant loss of privacy and amenity for the residents of neighbouring properties.

Before Members discussed the application those registered to speak were asked to address the Committee. M Tagg spoke in opposition to the application. C McNally, on behalf of the applicant, spoke in support of it.

Committee considered the application. It took into account the relevant Planning Issues. Committee considered if the loft conversion and single storey extension would in line with existing and Public Draft Development Plans, what its impact would be the amenity of existing residential property occupiers and its impact on the character of the area.

Members discussed the application. They sought clarity of the height to which the loft conversion and how far it would overlook the neighbouring property. Members heard that although the loft conversion now proposed would still have some impact on the neighbouring property; the reduction in height and width of the loft conversion now proposed meant that the impact on the neighbouring property had been reduced to a level which Officers considered to be acceptable. They also considered whether the proposal would be in keeping with the surrounding street scene. 

At the conclusion of the discussion, Councillor D Ruff and P Elliot moved and seconded a motion to approve officer recommendations.

The motion was put to the vote and was approved.

RESOLVED –

That the application be approved, in line with officer recommendations, subject to the conditions set out in the report with the final wording delegated to the Planning Manager (Development Management). 

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

[Reason: To comply with the provision of Section 91 (as amended) of the Town and Country Planning Act 1990.]

2.   The development hereby approved shall be carried out in accordance with the details shown on the submitted plans and elevations drawings plan no: bd 3/2021 and bd 4/2021 (received 23/06/2021); unless otherwise agreed subsequently through a formal submission under the Non Material Amendment procedures and unless otherwise required by any condition contained in this decision notice.

[Reason: For clarity and the avoidance of doubt.]  ...  view the full minutes text for item PLA/16/21-22

Application for the conversion of existing public house and manager's residence to 5 two-bedroom apartments (Conservation Area) (affecting the setting of a Listed Building), 37, Market Street, Eckington

(Planning Manager - Development Management)

The report to Committee explained that an application had been submitted for the conversion of an existing public house and manager’s residence into five, two-bedroom apartments, at 37 Market Street, Eckington.

The application had been referred to Committee by local Ward Member, Councillor J Kenyon, who had raised concerns about it.

Committee was recommended to grant planning permission, subject to the conditions set out in the report.

The report to Committee explained why Members were asked to approve the application. The report contended that the proposed conversion would be in keeping with the existing building and surrounding area and that it would be in line with existing Development Plan polices. Although the building was lost as a community facility, it had been closed for several years, with no indication that it would re-open and that there were other public houses within proximity of the site. Its conversion would not adversely impact on the overall viability of the town centre or harm the heritage asset.

Before Members discussed the application those registered to speak were asked to address the Committee. L Trollope, Agent for the Application, spoke in support of it. There were no other speakers.

Committee considered the application. It took into account the Planning Issues. These included the Principle of Development. Committee heard how changes of use which did not have an adverse impact on the character of the area or neighbouring land uses were permissible. It also took into account the implications for the wider town centre, heritage considerations, the impact on neighbouring properties and highway safety issues.

Members discussed the application.  They noted the length of time that the public house had been closed. They also reflected on the contribution which the proposed apartments could make to the vitality of the Town Centre. Members also discussed the car parking arrangements for the proposed apartments.

At the conclusion of the discussion Councillor P Elliot and W Armitage moved and seconded a motion to approve officer recommendations.

The motion was put to the vote and was approved.

RESOLVED -

That the application be approved in line with officer recommendations, with the final wording of conditions delegated to the Planning Manager (Development Management). 

Conditions

      The development hereby permitted shall be started within 3 years from the date of this permission.

2      The development hereby approved shall be carried out in accordance with the details shown on the following drawings unless otherwise subsequently agreed through a formal submission under the Non Material Amendment procedures and unless otherwise required by any condition contained in this decision notice:

·         Proposed Ground Floor Plan (PL04) uploaded to the Council’s website on 06.01.2021

·         Proposed First Floor Plan (PL05) uploaded to the Council’s website on 06.01.2021

·         Proposed Elevations (PL06A) uploaded to the Council’s website on 19.01.2021

·         Revised Site Plan (PL01) uploaded to the Council’s website on 11.03.2021

3    The proposed windows on the south-west facing side elevation of the building shall be of a non-opening design and shall be fitted with obscure glazing prior to the  ...  view the full minutes text for item PLA/17/21-22

Demolition of existing single storey outbuilding and erection of a detached dwelling with associated garden and parking (Conservation Area) at 2 Stretton Road, Morton, Alfreton

(Planning Manager – Development Management)

The report to Committee explained that an Application had been submitted for the demolition of an existing single storey outbuilding and the erection of a detached dwelling with associated garden and parking at 2 Stretton Road, Morton. The site lay within a conservation area.

In line with normal practice, the application had been referred to the Committee as the applicant was an elected member of North East Derbyshire District Council.

Committee was recommended to approve the application in line with officer recommendations and subject to the conditions set out in the report.

The report to Committee explained why Members were asked to approve the application. Committee heard that the proposed development would accord with Local and National Planning Policy. It would be in keeping with the character and appearance of the site and surrounding street scene. The report also contended that the development would not have a detrimental impact upon the privacy or amenity of the neighbouring properties or on the surrounding Conservation Area.

Committee was informed that no representations had been made on the application and no one had registered to speak on it.

Some Members expressed concern that further progress had been made on the construction of the detached dwelling than had originally been indicated. Members were advised by the Planning Manager (Development Management) that this would not be material to their decision. Rather, they were asked to focus on determining whether the principle of the development would be appropriate in Planning terms, and if the application should be approved.

Committee considered the application.  It took into account the relevant Planning Issues. These included the Principle of Development and how the application site was situated within the Settlement Development Limit for Morton.  Committee also took into account Design and Impact on the Character of the Area Considerations Conservation Area Considerations, as well as Privacy and Amenity Considerations.

Members discussed the application. They reflected on the advice that the development would be acceptable, provided that it was not be detrimental to the character and appearance of the site and it surrounding environment. They also reflected on whether it would have a detrimental impact on the amenities of neighbouring occupiers and uses. Some Members made it clear that they would find it difficult to make this assessment as they had not seen the new building and its relationship to surrounding properties and the streetscape.

At the conclusion of the discussion Councillor P Elliot and Councillor D Ruff moved and seconded a motion to approve the application in line with officer recommendations.

The motion was put to the vote and was approved.

RESOLVED -

That the application be approved in line with officer recommendations, with final wording of the conditions to be determined by the Planning Manager (Development Management)

Conditions

1.    The development hereby permitted shall be started within 3 years from the date of this permission.

2.    The development hereby approved shall be carried out in accordance with the following submitted plans, unless otherwise subsequently agreed through a formal submission  ...  view the full minutes text for item PLA/18/21-22

To advise Planning Committee of the making, provisionally, of Tree Preservation Order No.276 – Land off Clay Lane, Clay Cross.

(Planning Manager – Development Management)

The report to Committee explained that a Provisional Tree Preservation Order (TPO) had been made at land off Clay Lane, Clay Cross. Members were advised that representations had received on the Provisional Tree Preservation Order. Committee was asked to decide if it wished to confirm the Order without modification, confirm the order with modifications or to not confirm it, in which case the Order would then lapse.

Members were informed of the reasons why the Provisional Tree Preservation Order had been made. They heard that following the decision to grant planning permission for development of the land, concern had been raised about the potential removal of certain trees on the site. It was explained that in order to ensure the retention of the remaining trees on the site, a provisional tree preservation order on two areas of trees had been made under Officer delegated powers on the 25^th February 2021.  The trees were identified in the approved application details to be retained, post development taking place

Before Members discussed the Provisional TPO they heard from R Bargh and R Eden who spoke in favour of confirming the Order. There were no other speakers.

Planning Committee then considered the Provisional Order. As part of this, Members discussed the possible flooding impact if the trees were removed and the potential implication for wildlife in the area if this was to happen. They also discussed the loss of trees which had had taken place. Some Members also emphasised how important it would be for any mature trees that had been removed be replaced by similar mature trees. Members noted that this provision could only apply to those trees covered by the Order.

At the conclusion of the discussion Councillor W Armitage and Councillor P Elliot moved and seconded a motion to confirm the Provisional Tree Preservation Order with modification relating to the replacement of trees covered by the Order

RESOLVED -

That Tree Preservation Order (TPO) 276 – Land off Clay Lane, Clay Cross be approved with modifications relating to the replacement of trees covered by the Order. The final wording of the modifications to be determined by the Planning Manager (Development Management).  

(Planning Manager – Development Management)

The report to Committee informed Members that one appeals had been lodged. Three appeals had been allowed and eight had been dismissed.

To consider any other matter which the Chair is of the opinion should be considered as a matter of urgency.

None