Agenda and minutes

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

Apologies were received from Councillor W Armitage, who was substituted by Councillor P Antcliff and Councillor M Foster, who was substituted by Councillor S Clough. Apologies were also received from Councillor R Hall. 

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 18 January 2022.    

The minutes of the meeting held on 18 January 2022 were approved as a true record.

Application to manage various trees under NEDDC Tree Preservation Order (TPO) 276 Area A1 at land opposite 24 to 44 Clay Lane, Clay Cross

(Planning Manager – Development Management)

The report to Planning Committee explained that an Application had been submitted to carry out work on trees covered by Tree Preservation Order (TPO) 276, at land opposite 24 to 44 Clay Lane, Clay Cross. The Application had been referred to the Committee at the request of Cllr R Shipman, who had raised concerns about it.

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

The report to Committee explained why Members were asked to approve the recommendations. As part of this, they were informed that although the proposals to fell two trees (T1) and (T2) had been included in the Application, this work had now taken place, as allowed by law, so that the previously agreed permission for a residential development on the site could be progressed. Officers felt that the proposals for managing the remaining trees would help repair the damage caused to them by storms and the construction work on the site, and so should be approved.

Before Members discussed the Application, those registered to speak were asked to address the Committee. Cllr R Shipman, as the Member who had referred the Application to Committee spoke against the Application, as did R Eden. J Kirk and the applicant, D Abbott, spoke in support of it.

Committee considered the Application. It took into account the location of the trees covered by the TPO and the implications of the planning permission already granted for the development on the site and which had allowed trees T1 and T2 to be removed. Committee considered the relevant national and local planning policies. It took into account the account the National Policy Framework and Council polices, SDC3 – Landscape Character and SDC2, Trees, Woodlands and Hedgerows. It also considered the impact of the proposed works on the amenity of the trees as a group.

Members discussed the Application. Some Members expressed regret that the Committee had not been asked to determine whether trees T1 and T2 should be removed. They sought clarification and expressed concern about the method by which they had been felled. They also sought clarification about the proposed Crowning of specific trees and whether alternative approaches might be possible. Some Members expressed concern about the damage which had taken place as a result of the construction work on the residential development, which made necessary the proposed, retrospective, remedial measures. 

Members noted that the site had been affected by recent heavy rainfall and that photographs showing the impact of this rainfall had been emailed to Planning Committee Members from outside of the Council. The Planning Manager (Development Management) explained that these photographs had been prepared in relation to the residential development and the flood risk. They did not deal with the proposals in the Application to carry out works on trees covered by the TPO. Consequently, they had not been included in the Late Representations report, which had been published as part of the Committee’s agenda and circulated to Members.

Some Members expressed their  ...  view the full minutes text for item PLA/71/21-22

Application pursuant of 21/00834/FL toallow for 4 mid-terrace bungalows to be 1.5 storey dwellings at The Old Station, Station Road, Killamarsh

(Planning Manager – Development Management)

The report to Planning Committee explained that an Application had been submitted to allow for four, mid-terrace bungalows, to be constructed as 1.5 storey dwellings. This would form part of the existing planning permission, under NED/21/00834/FL, to build 13 bungalows at The Old Station, Station Road Killamarsh.

The Application had been submitted by Local Ward Member, Councillor S Clough, who had raised concerns about it.

Committee was asked to approve the Application, subject to the conditions set out in the report.

The report to Committee explained why Members were asked to approve the recommendations. Officers felt the proposal would only require a minor alteration to the existing scheme. They contended that it would not have a greater material impact and so should be approved.

Before Members discussed the Application those registered to speak were asked to address the Committee. The Agent, Daniel Bull spoke in support of the Application. There were no other speakers.

Committee considered the Application. It took into account the relevant Planning Issues. It considered the Principle of Development, the site’s location within the Killamarsh settlement development limits and its allocation for housing within the adopted Local Plan.

Members discussed the Application. They sought and received clarification that the proposed changes would only affect the specified four dwellings. They discussed what impact the changes might have on the amenity on neighbouring properties and if this would be different to the impact of the existing application.

At the conclusion of the discussion Councillor A Cooper and P Antcliff moved and seconded a motion to approve the Application, in line with officer recommendations.

The motion was put to the vote and was agreed.

RESOLVED -

(1)  That Planning permission is conditionally approved in accordance with officer recommendations.

(2)  That the final wording and content of the conditions be delegated to the Planning Manager (Development Manager).

Conditions.

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

Reason:  Required to be imposed pursuant to Section 91 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 following plans:-

2801-001   CURRENT LEVELS SITE PLAN A1  

2801-002   CURRENT SITE PLAN A1  

2801-003   CURRENT SITE SECTIONS & 3D VIEW A1  

2801-004   CURRENT HOUSE TYPE C A1  

2801-005   CURRENT HOUSE TYPE D A1  

2801-006   PROPOSED SITE LEVELS

2801-007   PROPOSED SITE PLAN

2801-008   PROPOSED SITE SECTIONS & 3D VIEW 

2801-009   PROPOSED HOUSE TYPE C A1  

2801-010   PROPOSED HOUSE TYPE D A1  

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.

REASON: For Clarity and the avoidance of doubt. 

3.                 Before any above ground works commence, the following shall be submitted to and approved in writing by the Local Planning Authority:

o       a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land,

o       the details of any trees and  ...  view the full minutes text for item PLA/72/21-22

(Planning Manager – Development Management)

The report to Committee informed Members that 2 appeals had been lodged, 3 appeals had been withdrawn and 2 had been dismissed.

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

None.

The Chair to Move:

“That the public be excluded from the meeting during the discussion of the following item of business to avoid the disclosure to them of exempt information as defined in Paragraphs 2, 3 and 5, Part 1 of Schedule 12A to the Local Government Act 1972”.  (As amended by the Local Government (Access to Information)(Variation) Order 2008).   The category of exempt information is stated after each agenda item.

RESOLVED – That the public be excluded from the meeting during the discussion of the following items of business to avoid the disclosure to them of exempt information as defined in Paragraphs 2, 3 and 5, Part 1 of Schedule 12A to the Local Government Act 1972, (as amended by the Local Government (Access to Information) (Variation) Order 2006.

(Planning Manager – Development Management)

(Paragraphs 2 & 5)

The report to Committee provided information on specific ‘Section 106’ Agreements, or agreements reached between the Council as Planning Authority with developers to carry out specific work to help offset the impact of new developments on local people. This information had been requested by Committee at is meeting on 18 January 2022.

By Acclamation

RESOLVED -

That Committee noted the information.

Report of Councillor C Cupit, Portfolio Holder for Environmental Services

                                                                                              (Paragraphs 3 & 5)

The report to Committee sought approval not to pursue a specific Section 106 Agreement Debt.  Members noted and accepted the reasons for not approving the debt.

By Acclamation

RESOLVED -

That Planning Committee agreed that no further action be taken to recover the outstanding monies under the Section 106 Agreement referred to in the report.

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

None.