Agenda and minutes

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

Councillor S Fawcett, substituted by Councillor C Gare. Apologies were also received from Councillor P Elliot and Councillor T Lacey.

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.

None.

To approve as a correct record and the Chair to sign the Minutes of Planning Committee held on 5 December 2023.     

The minutes of the meeting held on Tuesday 5 December 2023 were approved as a true record.

Retrospective application for the replacement window frames and doors with uPVC (Conservation Area) at 6-8 Broadleys, Clay Cross

(Planning Manager – Development Management)

The report to Committee explained that a retrospective Application for replacement window frames and doors at 6-8 Broadleys, in the Clay Cross Conservation Area. The Application had been referred to the Committee by Councillor C Cupit, who had raised issues about it.

Planning Committee was asked to approve the Application. The report to Committee explained the reasons for this.

Members were informed that that the premises, which are used as a café, previously had wooden doors and window frames. These had now been replaced by UPVC doors and frames. Officers recognised that using UPVC to replace the wooden doors and window frames would not be in line with the built traditions and general approach taken to buildings located within conservation areas. However, they felt that the change had not adversely impacted on neighbouring residents or land use. Officers concluded that the installation of UPVC doors and window frames had, on balance, preserved the character and appearance of the surrounding Conservation Area and that the installation of the UPVC doors and window frames should receive retrospective Planning Permission.

Committee considered the Application. It took into account the site’s location within the Clay Cross Conservation Area. It considered the relevant local and national planning policies. These included Local Plan Policy SS1, Sustainable Development, Local Plan Policy SP2, Clay Cross, and Local Plan Policy SD5, Development within Conservation areas. It also considered Local Plan Policy SDC12, on High Quality Design and Place Making.

Members discussed the Application. There was a consensus that the new UPVC doors and window frames were a significant improvement on the wooden ones which they had replaced. At the conclusion of the discussion Councillor L Hartshorne and Councillor M Durrant moved and seconded a motion that the Application for retrospective Planning Permission be approved.

RESOLVED -

That the Application be approved in line with officer recommendations and without conditions.

Proposed reconstruction of a two-storey dwelling house, rebuilding of an external WC and the construction of new domestic outbuilding to form a tractor store and workshop (private drainage system) at the site of the Former Hay Lane Cottage, Hay Lane, Milltown.

(Planning Manager – Development Management)

The report to Committee explained that an Application had been submitted for the proposed reconstruction of a two-storey dwelling house, rebuilding of an external WC and the construction of a new domestic outbuilding to form a tractor store and workshop at the site of the former Hay Lane Cottage, Hay Lane, Milltown. The development would have a private drainage system.

The Application had been referred to the Committee by Local Ward Member, Councillor H Wetherall, who had raised issues about it.

Planning Committee was recommended to reject the Application. The report to Committee explained the reasons for this.       

Officers contended that the proposed dwelling would not be line with the permitted grounds for development in the countryside. This is because it would neither replace an existing building, nor be constructed on previously developed or derelict land. The report explained that although there had been a dwelling on the site until the early 1960s, this had long since fallen into ruins and these ruins had blended into surrounding pastoral landscape. Consequently, the dwelling and associated buildings would be an entirely new development, which would have an adverse impact on the surrounding high-quality landscape. In particular, it would be clearly visible but in an isolated location, which would be difficult to access except by motor vehicle. The development would also affect the dark skies of the local rural area and would reduce its tranquillity.

Officers had concluded that the proposed new dwelling would be contrary to the Development Plan, both in terms of its location and the Planning Policies intended to protect the character of the landscape. As there were no considerations that would outweigh this, they felt that the Application ought to be refused.

Before the Committee considered the Application it heard from local ward Member, Councillor H Wetherall. It also heard from T Shiels, who spoke against the Application, as well as R Sharpe, the Applicant, C Clarke, M Howe, K Haywood and the Agent, G Henshaw, who all spoke in support of the Application.

Committee considered the Application. It took into account the site’s location in an Area of Multiple Environmental Sensitivity and outside of any settlement limits. It considered the relevant Local and National Planning Policies. These included Local Plan Policy SS1, on Sustainable Development, Local Plan Policy SS2, on Spatial Strategy and Local Plan Policy SDC3 on Landscape Character. It also took into account Local Policy SS9, restricting Development in the Countryside, and the National Planning Policy Framework (NPFF). In particular, the sections on rural housing (paragraphs 82-84) and the need to avoid the creation of isolated rural dwellings, making effective use of land (Chapter 11) and conserving and enhancing the natural environment. It considered the Ashover Neighbourhood Plan Policies. These included Policy AP2: Development Proposals Outside the Limits to Development, Policy AP13, Landscape Character and Policy AP19, Dark Skies.

Members discussed the Application. Some Members sought clarity on the status of the site and why it had not been classed as either previously developed land or  ...  view the full minutes text for item PLA/63/23-24

(Planning Manager – Development Management)

The report to Committee explained that five appeals had been lodged. One appeal had been dismissed. No appeals had been allowed. 

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

None.