Agenda and minutes

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

Apologies were received from Councillors C Gare, A Cooper, substituted by H Liggett, and M Foster, substituted by S Clough.

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.

Councillor K Rouse declared an interest in Item 6 of the agenda, NED/24/00502 – Clay Cross, as a Local Ward Member. She indicated that she would leave the meeting at the appropriate time and would not participate in the Committee’s consideration or determination of the Application.

Any Member who cannot determine an Application solely on the information presented to Committee at the meeting today is asked declare that they are ‘Predetermined’ on that item on the agenda and to 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 3 September 2024.   

RESOLVED –

That the minutes of the meeting held on 3 September 2024 were approved as a true record.

Erection of self-build dwelling plus associated hard and soft landscaping at Fall Hill Quarry, Ashover.

(Planning Manager – Development Management)

The Chair of the Committee informed Members that he had agreed to defer item 5 on the Agenda, NED/24/00253/FL – ASHOVER. He had done this on the advice of Officers, to enable further work to take place. The Planning Manager (Development Management) clarified that late comments had been received from the Derbyshire Wildlife Trust. As such, and with the support of Officers, the Applicant had asked for a deferral in order to resolve the comments.

Construction of two storey 5 bed detached dwelling at The Bungalow, Station Road, Pilsley.

(Planning Manager – Development Management)

With the agreement of the Chair, Item 7 - NED/24/00521/FL – PILSLEY, was taken next.

The report to Committee explained that an Application had been submitted for the construction of a two storey 5 bed detached dwelling at The Bungalow, Station Road, Pilsley. The Application had been referred to committee by Local Ward Member, Councillor A Cooper, who had raised some concerns about it.

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

Officers felt that the proposal, being a 5-bed dwelling, fits well with the planning policies aimed at supporting development within settlements. The report suggested that the design of the proposal fits into the existing street scene and secured the privacy and amenity of neighbouring properties. In this context, Officers considered that the proposal meets the guidelines contained within the Council’s Successful Places Guidance. Whereas issues such as access to services were seen as private legal matters between landowners.

Officers concluded that the proposal meets the requirements of the policies of the North East Derbyshire Local Plan. They recommended, therefore, that the application be approved, subject to conditions and legal agreement.

Before the Committee considered the application it heard from Local Ward Member, Councillor A Cooper, L Booth and K Goodwin who spoke against the Application. It also heard from the Applicant, P Hartill.

Committee considered the application. It took into account the type of occupancy being applied for and its location on a narrow access track. It considered the relevant Local and National Planning Policies. These included Local Plan Policy SS7 concerning development within the settlement development limits, and Local Plan Policy SDC12 concerning high quality design and place making.

Members discussed the application. Committee welcomed the proposal being on a vacant site within the Pilsley settlement development limits. Some Members questioned the impact of the building works on the neighbouring properties using the access Lane, it was felt that conditions limiting the hours in which works could take place would be sufficient to address this. Some Members felt the proposal lacked adequate parking provisions but understood that it would take a fresh application to address this issue.

At the conclusion of the discussion Councillor D Hancock and Councillor S Clough moved and seconded a Motion to approve the Application. The motion was put to a vote and agreed.

RESOLVED –

That the Application be approved, in line with Officer recommendations.

That the final wording of the conditions and legal agreement be delegated to the Planning Manager (Development Management).

Conditions

1. The development hereby permitted shall be started within three years from the date of this permission.
2. The development hereby approved shall be carried out in accordance with the details shown on drawing numbers: 2241-02D, 2241-3-D, 2241- 500 uploaded 27/6/2024; unless otherwise subsequently agreed through a formal submission under the Non Material Amendment procedures.
3. Before the commencement of the development hereby approved: a. A Phase I contaminated land assessment (desk-study) shall be undertaken and approved in writing by  ...  view the full minutes text for item PLA/22/24-25

Change of use of the existing building from its current use for B2 General Industrial to mixed use for use as cafe and as a hot food takeaway at Unit 10, Upper Mantle Close, Clay Cross.

(Planning Manager – Development Management)

 Councillor K Rouse left the meeting.

The report to Committee explained that an Application had been submitted for the change of use of the existing building from its current use for B2 General Industrial to mixed use, for use as cafe and as a hot food takeaway at Unit 10, Upper Mantle Close, Clay Cross. The Application had been referred to committee by Local Ward Member, Councillor K Rouse, due to the significance of the site.

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

Officers accepted that matters relating to design, amenity, highway safety and flood risk are satisfactory. However, they explained that the proposal lay on a site designated as a Principal Employment Area. In this context, the proposal was deemed as unacceptable as it would conflict with the Council’s policy on delivering commercial development on appropriate sites. Additionally, the report contended that the lack of vacant premises surrounding the proposal should be taken as evidence that there is a demand for Use Class B2 sites in the area.

Officers concluded that the proposal would not accord with Local and National Planning Policies. They recommended, therefore, that the application be refused.

Before the Committee considered the application it heard from local business owner L Barnes who spoke in support of the Application as well as the Applicant, L Bell and the Agent, C Retford.

Committee considered the application. It took into account the changing needs and characteristics of Clay Cross. It considered the relevant Local and National Planning Policies. These included Local Plan Policy WC2 concerning Principal Employment Areas, and Local Plan Policy SP2 concerning Clay Cross. Committee also considered the social and economic effects of the café on the local area.

Members discussed the application. Committee acknowledged that permitting the change of use would be contrary to Local Planning Policy. The dangers of the precedent set, should permission be granted, were highlighted. However, some Members deemed that substantial weight should also be put on the social and economic benefits of the proposal. It was felt that the café functioned as a hub for the community as it served workers from the industrial estate and several regular older customers on a daily basis. With this came several gains to the local area. For instance, the use of local suppliers, the amenity provided to the industrial estate and the employment of nine people. In this context, some Members suggested that the café could be seen as ancillary to the Principal Employment Area. It was highlighted that these benefits were not secured by the change of use of land as they were singular to the café in question. Committee agreed that personal permission should be given to the Applicant, in order to mitigate these concerns.

At the conclusion of the discussion Councillor H Liggett and Councillor D Hancock moved and seconded a Motion to approve the Application. The Motion was put to a vote and agreed.

RESOLVED –

That the Application  ...  view the full minutes text for item PLA/23/24-25

(Planning Manager – Development Management)

Councillor K Rouse returned to the meeting.

The report to Committee explained that three appeals had been lodged and one had been dismissed.  

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

None.