Agenda and draft minutes

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

Councillors P Elliot, M Foster, D Hancock and K Rouse.

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 Tuesday 19 March 2024.   

The minutes of the meeting held on Tuesday 19 March 2024 were approved as a true record.

Change of use of land to use as a residential caravan site for 4 Gypsy households with 5 caravans, including no more than 4 static caravans/mobile homes, together with the construction of driveway, laying of hardstanding and erection of ancillary amenity building, at land approximately 50 metres east of Stretton View, Padley Wood Lane, Pilsley.

(Planning Manager – Development Management)

The report to Committee explained that an Application had been submitted for the change of use of land to use as a residential caravan site for four Gypsy (the preferred nomenclature of the Applicant, rather than the term Traveller) households, together with the construction of a driveway, laying of hardstanding and the erection of an ancillary amenity building at land approximately fifty metres east of Padley Wood Lane, Pilsley. 

The Application had been referred to Committee by Local Ward Member, Councillor A Cooper, who had raised concerns about it.

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

Officers stated that the location was already being used as a caravan site for Gypsy/Traveller accommodation. Hard surfacing had been laid upon the field, fencing had been installed on either side of a new access point and caravans were in place. 

Officers highlighted the contribution which the Development would make towards increasing Gypsey/Traveller accommodation in the District. They pointed out that although the Council could currently demonstrate that it had the required number of Gypsy / Traveller accommodation sites  for the next five years, this did not preclude other sites from being established.  In this context, they referred to the personal difficulties which the Applicant and their family had had in finding suitable Gypsy/Traveller accommodation sites locally and the problems which this had caused them.

Officers concluded that the benefits of providing additional Gypsy/Traveller accomodation would outweigh any other harm identifed. They recommended, therefore, that the Application be approved, subject to appropriate conditions.

Before the Committee considered the Application it heard from Local Ward Member, Councillor K Gillott. It also heard from the Applicant, K Sykes, who spoke in support of the Application.

Committee considered the Application. It took into account the site’s location in open countryside. It considered the relevant Local and National Planning Policies. These included the provisions of Local Plan Policy SS9, on the use of land in the countryside for Gypsy/Traveller accommodation, if it was in accordance with Local Plan Policy LC9 on the provision of Gypsy/Traveller sites.

Members discussed the Application. They discussed the improvements that would be required at the site. These included appropriate screening of the Development, replacing the current gravel entrance to the site and the installation of appropriate sanitation arrangements. They also heard about the measures to encourage biodiversity and to protect the nearby Local Wildlife site. Committee was informed how these issues would be addressed through the imposition of appropriate conditions.

Members discussed what weight ought to be given to the additional provision of Gypsy/Traveller accommodation in determining the Application. They took into account the officer assessment that the proposed Development would be in line with Local Plan Policy LC9 on the provision of Gypsy/Traveller sites and that it accords with the overall advice contained in the National Planning Policy Framework (NPPF) and in particular, the Planning Policy for Gypsy/Traveller Sites (PPTS).

At the conclusion of the discussion, Councillor T Lacey and L  ...  view the full minutes text for item PLA/87/23-24

Section 73 application to vary Condition 4 (parameters plan) pursuant of planning approval 20/00532/OL to rearrange the uses on parcels 7, 8A, 9 and 11 (Major Development/Affecting Setting of Listed Building/Affecting Public Rights of Way) at Egstow Park, Clay Cross.

(Planning Manager – Development Management)

The report to Committee explained that a ‘Section 73’ Application had been submitted to vary Condition 4 (Parameters Plan) pursuant to planning approval NED20/00532/OL, to rearrange the use of parcels 7,8A, 9 and 11 at Egstow Park, Clay Cross. This was a major development, affecting the setting of a Listed Building and Public Rights of Way. 

The Application had been referred to Planning Committee for determination by the Planning Manager (Development Management), due to the strategic importance of the Development.

Planning Committee was recommended to approve the Application. The report to Committee explained the reasons for this. Officers accepted that the proposal as a whole would result in the loss of some designated employment land, and so not accord with the Development Plan. However, they contended that there were other material matters in favour of approving the Application. These matters were the overall viability of delivering employment uses on the site, the greater benefits that the additional housing would bring and the certainty which the changes would give in terms of enabling the proposed link road to now be constructed. They concluded, therefore, that the Application should be approved, in order to allow the proposed changes to the parameters plan to take place.

Committee considered the Application and discussed the proposed changes. Some Members asked for and received clarification about the reasons for the loss of employment land as a result of the changes. Some Members sought clarification for specific changes of use and the impact these would have.

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

RESOLVED - That the Application be approved subject to conditions.

That the wording of the conditions and any amendments to the section 106 agreement be delegated to the Planning Manager (Development Management) in consultation with the Chair of Planning Committee: -

Conditions

1        Applications for approval of reserved matters are required for each part of the site before development can start on that part of the site. The Application(s) for approval of reserved matters shall be made to the Local Planning Authority (LPA) before 10th August 2026. The development hereby permitted shall be started within three years from the date of approval of the last of the reserved matters to be approved.

2        Approval of the details of the layout, scale and appearance of the building(s) and the landscaping of the site (called "the reserved matters") for each part of the site shall be obtained from the Local Planning Authority in writing before any development is started on that part of the site.

3        The development hereby approved shall be restricted to the following land uses and maximum levels of development:

·         825 dwellings including a minimum of 11% affordable units (25.2 hectares of residential)

·         Employment generating uses (B1, B2 and B8 uses (5 hectares); a local centre A1, A2, A3, A4 and A5 (2 hectares); Hotel and/or care home  ...  view the full minutes text for item PLA/88/23-24

Residential development of the former Derbyshire County Council (DCC) Highways storage depot to erect 5 detached two storey dwellings and the creation of a new access (Amended Plans) at Highways Storage land, Chesterfield Road, Grassmoor.

(Planning Manager – Development Management)

With the agreement of the Chair, the Application was deferred until the next meeting of the Committee so that issues that had been raised recently by the Lead Local Flood Authority could be addressed.

(Planning Manager – Development Management)

The report to Committee explained that one Appeal had been lodged, one Appeal had been allowed and one Appeal 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 3 & 5, Part 1 of Schedule 12A to the Local Government Act 1972”.  (As amended by the Local Government (Access to Information)(Variation) Order 2008).  

RESOLVED - 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 3 & 5, Part 1 of Schedule 12A to the Local Government Act 1972”.  (As amended by the Local Government (Access to Information)(Variation) Order 2008). 

(Planning Manager – Development Management)

Committee received an update on the current ‘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.

The report set out details of those agreements where the funding had now been secured. It also included information about Section 106 agreements where the funding had not yet been received or written-off and those where payments have yet to be made as the relevant trigger points for these payments had not yet occurred.

Members discussed the report. As part of this they received updates on specific agreements.

RESOLVED -

(1)           That the information contained within Appendices A, B and C of the report is noted.

(2)            That the contents of paragraphs 2.1 to 2.2 of the report is noted.

(3)            That the Committee receives further updates on the matter approximately every three months.

By Acclamation

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

None.