In accordance with Council Procedure Rule No 10 to consider Motions on notice from Members. Motions must be received in writing or by email to the Monitoring Officer by 12 noon twelve clear working days before the meeting.
The following Motions had been received.
Motion ‘A’
Motion submitted by Councillor R Shipman and seconded by Councillor D Hancock
Council notes:
- Planning application 20/00221/FL was approved for the erection of 34 dwellings on land opposite 24 to 44 Clay Lane, Clay Cross.
- at the time of the original planning application decision, Derbyshire County Council carried out a desktop assessment and didn’t submit any objections or concerns.
- at the time of the original application, concerns were raised by residents and councillors about flooding from Smithy Brook.
- Planning enforcement issued a temporary stop notice on the site which ended at the beginning of August after the developer failed to comply with planning conditions.
- Subsequent planning applications to discharge conditions on the site has resulted in Derbyshire County Council raising flooding concerns about a part of the original planning application.
- The developer has declined to undertake a survey requested by Derbyshire County Council as it is outside the scope of their current application.
- after the
last debate to revoke at full council, DCC have carried out an
assessment of the levels, which agreed with what residents were
saying all along, that Woodall Homes were using incorrect
information
- the duties and responsibilities of North East Derbyshire District Council as the planning authority
Council resolves:
That planning application 20/00221/FL be referred back to the Planning Committee to determine whether permission be revoked in respect of the flooding concerns raised by Derbyshire County Council.
Motion ‘B’
Motion submitted by Councillor N Barker
Council notes:
That residents of NED are facing the worst cost of living crisis in decades. Rising food, utilities and petrol bills together with the governments freeze to income tax allowances, rise in national insurance, cuts to Universal Credit and rises in council tax are placing many families in financial difficulties.
Council resolves to:
a) Call upon the Cabinet to undertake a review of all current charges and fees to determine whether any assistance can be given to families struggling financially.
b) Call upon the Cabinet to support local welfare rights and debt management services in NED to increase their capacity to help residents living within the district.
c) Call upon the Leader of the Council to write to Lee Rowley MP and Mark Fletcher MP expressing Council’s belief that the government’s response to the cost-of-living crisis has been inadequate and to request that they lobby the government to take further measures to prevent people falling into poverty.
Minutes:
Council considered a motion, marked as Motion ‘A’ moved and seconded by Councillor R Shipman and Councillor D Hancock:
“Council notes:
· Planning application 20/00221/FL was approved for the erection of 34 dwellings on land opposite to 24 to 44 Clay Lane, Clay Cross.
· At the time of the original planning application decision, Derbyshire County Council carried out a desktop assessment and didn’t submit any objections or concerns.
· At the time of the original application, concerns were raised by residents and Councillors about flooding from Smithy Brook.
· Planning enforcement issued a temporary stop notice on the site which ended at the beginning of August after the developer failed to comply with planning conditions.
· Subsequent planning applications to discharge conditions on the site has resulted in Derbyshire County Council raising flooding concerns about a part of the original planning application.
· The developer has declined to undertake a survey requested by Derbyshire County Council as it is outside the scope of their current application.
· After the last debate to revoke at full council, DCC have carried out an assessment of the levels, which agreed with what residents were saying all along, that Woodall Homes were using incorrect information.
· The duties and responsibilities of North East Derbyshire District Council as the planning authority.
Council resolves:
That planning application 20/00221/FL be referred back to the Planning Committee to determine whether permission be revoked in respect of the flooding concerns raised by Derbyshire County Council.”
Members discussed the motion. Councillor R Shipman argued that the Planning Committee should be given the opportunity to reassess the application, but that it should be able to take into account additional information about the site, which had not been available when the Committee originally considered and determined the application. Councillor T Reader indicated that she would support for the motion. She stressed that Clay Cross Parish Council had supported local residents and shared their concerns about possible flood risks as a result of the application.
The Deputy Leader of the Council and Portfolio Holder for Environmental services, Councillor C Cupit, responded to the motion and the work which had taken place to address the concerns about possible flood risks. In this context, she highlighted the additional water tank which the developer had agreed to place on site. She made clear that the Council took the concerns of the residents seriously and would seek to encourage the provision of the additional information required, in a way which did not apportion blame for what had occurred.
Councillor C Cupit and A Dale then moved and seconded an amendment to the motion:
Council notes:
- Planning application 20/00221/FL was approved for the erection of 34 dwellings on land opposite 24 to 44 Clay Lane, Clay Cross.
- at the time of the original planning application decision, Derbyshire County Council carried out a desktop assessment and didn’t submit any objections or concerns.
- at the time of the original application, concerns were raised by residents and councillors about flooding from Smithy Brook.
- Planning enforcement
issued a temporary stop notice on the site which ended at the
beginning of August after the developer failed to comply
with planning conditions.
- Subsequent planning applications to discharge conditions on the site has resulted in Derbyshire County Council raising flooding concerns about a part of the original planning application.
- The developer has declined to undertake a survey requested by Derbyshire County Council as it is outside the scope of their current application.
- after the last debate
to revoke at full council, DCC have carried out an assessment of
the levels, which agreed with what residents were saying
all along, that Woodall Homes were using incorrect
information
- the duties and responsibilities of North East Derbyshire District Council as the planning authority, which do not relate to flooding matters.
Council resolves:
To urge external parties to carry out a survey or
hydraulic model of the adjacent Press Brook in light of the
flooding concerns raised by residents. If that
modelling is then completed, Council resolves to
refer planning application 20/00221/FL be
referred back to the Planning Committee to review
this data and discuss whether
permission should be amended
or revoked in respect of the flooding concerns
raised by
Derbyshire County Council
Council discussed the amendment. Concern was raised by Councillor R Shipman, D Hancock and N Barker about the proposal in the amended motion to refer the application to Planning Contingent if a survey or hydraulic modelling exercise takes place. Councillor C Cupit, reiterated her aim that the amended motion should provide an effective way forward and to this end would be prepared to change the wording to when rather than if a survey or hydraulic modelling survey takes place.
The amendment was put to a vote and approved.
The amended substantive motion was put to the vote and was agreed.
RESOLVED
Council notes:
- Planning application 20/00221/FL was approved for the erection of 34 dwellings on land opposite 24 to 44 Clay Lane, Clay Cross.
- at the time of the original planning application decision, Derbyshire County Council carried out a desktop assessment and didn’t submit any objections or concerns.
- at the time of the original application, concerns were raised by residents and councillors about flooding from Smithy Brook.
- Planning enforcement issued a temporary stop notice on the site which ended at the beginning of August
- Subsequent planning applications to discharge conditions on the site has resulted in Derbyshire County Council raising flooding concerns about a part of the original planning application.
- The developer has declined to undertake a survey requested by Derbyshire County Council as it is outside the scope of their current application.
- after the last debate to revoke at full council, DCC have carried out an assessment of the levels.
- the duties and responsibilities of North East Derbyshire District Council as the planning authority, which do not relate to flooding matters.
Council resolves:
To urge external parties to carry out a survey or hydraulic model of the adjacent Press Brook in light of the flooding concerns raised by residents. When that modelling is then completed, Council resolves to refer planning application 20/00221/FL
Council considered a motion moved and seconded by Councillor N Barker and Councillor T Reader marked as Motion ‘B’ That:
“Council notes:
That residents of NED are facing the worst cost of living crisis in decades. Rising food, utilities and petrol bills together with the governments freeze to income tax allowances, rise in national insurance, cuts to Universal Credit and rises in council tax are placing many families in financial difficulties.
Council resolves to:
a) Call upon the Cabinet to undertake a review of all current charges and fees to determine whether any assistance can be given to families struggling financially.
b) Call upon the Cabinet to support local welfare rights and debt management services in NED to increase their capacity to help residents living within the District.
c) Call upon the Leader of the Council to write to Lee Rowley MP and Mark Fletcher MP expressing Council’s belief that the government’s response to the cost-of-living crisis has been inadequate and to request that they lobby the government to take further measures to prevent people falling into poverty”
Council discussed the motion. Councillor N Barker highlighted the cost of living difficulties facing many people in the District. He felt it important that local Councillors should express these concerns to Government and the need for further action to assist residents.
Councillors R Shipman, D Hancock, J Ridgway, L Hartshorne and J Barry indicated their support for this motion. Some Members raised concerns over residents that were unable to pay their rent and Council tax.
Councillor A Dale responded to the motion. He highlighted the extensive support which the Council provides to community groups in the District and the specific help focused on those most in need. In this context, he explained the support provided to the Citizens Advice Bureau. He also highlighted that many of the Council’s services were provided free or at a reduced cost to those on low income.
Councillor M Foster expressed his concern that the motion was not clear about which Council fees and charges should be reassessed.
At the conclusion of the discussion the motion was put to a vote and was rejected.