Agenda and minutes

07 September 2023

It was moved by Councillor Peter O’Brien, Seconded by Councillor Peter Dobbs and

RESOLVED (unanimously)

That the minutes of the meeting of the Community and Environment Committee held on 07 September 2023 be approved as a correct record.

The Chair declared the motion CARRIED.

To enable members of the public to ask questions, express views or present petitions, IF NOTICE HAS BEEN GIVEN, (by telephone, in writing or by email) BY NO LATER THAN 12 NOON OF THE WORKING DAY PRECEDING THE MEETING. As per Procedural Rule 14.4 at any one meeting no person may submit more than 3 questions and no more than 1 such question may be asked on behalf of one organisation.

There was no public participation.

Members are required to declare the existence and nature of any interests they may have in subsequent agenda items in accordance with the District Council’s Code of Conduct. Those interests are matters that relate to money or that which can be valued in money, affecting the Member, her/his partner, extended family and close friends. Interests that become apparent at a later stage in the proceedings may be declared at the time.

Item 8 – Biodiversity Action Plan Specification.

Councillor Matt Buckler declared a non-pecuniary interest in Item 8 due to his position at Derbyshire Wildlife Trust and so did not vote on the item.

18:03 – Councillor Kelda Boothroyd entered the meeting.

To answer questions from Members who have given the appropriate notice.

Councillor Steve Wain put forward the following questions to Councillor Martin Burfoot, Chair of the Community and Environment Committee:

“Chair.

Matlock has once again recently featured in the media regarding yet another flooding event and the serious issues the town has with parts of its ineffective infrastructure, exposed by, excessive housing development, inadequate planning assessment and a lack of knowledge of its hydrology and geology.

In July 2023 there was a Public Health incident around Presentation Avenue, Matlock, where the foul and surface drainage infrastructure surcharged during a significant rain fall event. A Care Centre was flooded with human waste and an adjacent Academy had human waste discharged into its Play Area. Later pupils were seen playing in the human waste. 

This is abhorrent and unacceptable.

Currently the foul waste from 300 homes is channelled through this drainage network. This includes properties on Bentley Close, Gritstone Road and Asker Lane. The waste water flow is exacerbated by joining combined surface and foul water flows on Chesterfield Road and the gradient on to Presentation Avenue.

It must be noted that the foul waste from an additional 78 houses proposed to be built adjacent to Gritstone Road, are projected to flow through the infrastructure under the Care Home and Academy.

Are you surprised, or shocked by this increased risk? I was, but not apparently the Derbyshire County Council LLFA, who appear to have failed to mention this in their most recent consultation response regarding the protracted Gritstone Road planning application.

In this document the LLFA also rescinded a holding objection relating to excessive water flows from the site, which they had imposed, in 2022.  Again, no rationale was provided, in justification for this action.

Furthermore, in the same consultation they appear to abdicate responsibility and pass responsibility to our LPA, by recommending six conditions. Regularly these conditions appear to say, “construction shall not commence until a detailed assessment has been provided to, and approved by the LPA”. 

Who are the experts here? I know DDDC have qualified Planners, but by their own admission they are not drainage specialists!

In the above consultation response, the LLFA have also failed to specifically mention, or comprehensively comment upon, other significant issues highlighted by the community including:-

• the significant increase in size and safety concerns of the attenuation dams, which are now so large that they require a Panel Engineer to assess them, 
• continuing to allow excessive surface water flows from the developed area (phase1), against original STW instruction,
• their willingness to proceed with culverting a significant length (230m) of surface water flow, against both their own and Environment Agency policy,
• culverting increased surface water flows under existing homes on Bentley Close, without knowledge of where the flows actually outfall,
• not commenting upon, or apparently assessing the increased impact of deforestation above the proposed site.
• Failing to fully take account of the risk to the recently reviewed, highly sensitive, Bentley Brook catchment and the impact upon the Knowleston Place Pump Station.

I sincerely hope that  ...  view the full minutes text for item 186/23

This report summarises discussions at the first meeting of the Air Quality Action Plan Working Group core group and proposes that further updating reports are provided to future meetings of this Committee.

The Director of Regulatory Services introduced a report which summarised discussions at the first meeting of the Air Quality Action Plan Working Group core group, the report also proposed that further updating reports be provided to future meetings of this Committee.

At the meeting of the Community and Environment Committee held on 7 September 2023, it was resolved that an air quality action plan working group be re-established with a core group consisting of at least one officer from the District Council and two elected Members taken from the list set out in the report. It was also resolved at that meeting that the preliminary findings of that group be reported to the next meeting of the Community and Environment Committee.

It was noted within the report that the core group met on 4 October 2023 and the discussions which took place were detailed. These discussions included the position regarding actions for inclusion within the action plan following public consultation, the public support for a 20-mph zone within the town, and the potential synergies between the air quality action plan and the ambitions of the Ashbourne Reborn programme. The timescales for the development of further discussions and preparation of an updated suite of options for the final draft action plan were also detailed within the report.

It was moved by Councillor Peter Dobbs, Seconded by Councillor Steve Wain and

RESOLVED (unanimously)

1.    That the first meeting of the Air Quality Action Plan Working Group core group be noted.

2.    That a further updating report be submitted to the December meeting of this Committee.

The Chair declared the motion CARRIED.

The report presents a specialist professional services quotation brief for the approval of Members.  The resulting action plan will allow the Council to meet the requirements of the enhanced Biodiversity Duty as set out in the Environment Act 2021.  The quotation brief was approved by the Biodiversity Sub-Committee on 13 September 2023.

The Director of Regulatory Services introduced a report which sought Member approval for a specialist professional services quotation brief for the delivery of a Derbyshire Dales Biodiversity Action Plan. It was noted within the report that the resulting action plan would allow the Council to meet the requirements of the enhanced Biodiversity Duty as set out in the Environment Act 2021.

At a meeting of Council on 26 January 2023, it was resolved to support the recovery of nature across the Derbyshire Dales. A subsequent report to Council on 16 March 2023 advised Members of the Biodiversity Duty, and set out the activities being undertaken by the District Council which contributed to meeting the new requirement. This report also recommended that a plan be prepared to set out further actions which should be undertaken to meet the requirements of the newly enhanced Biodiversity Duty. Following this decision, the Biodiversity Sub-Committee agreed that a specification be prepared for a new biodiversity ‘action plan’.

The quotation brief was approved by the Biodiversity Sub-Committee on 13 September 2023, following which it was referred to this meeting of the Community and Environment Committee for the appropriate approval.

It was moved by Councillor Steve Wain, Seconded by Councillor David Chapman and

RESOLVED (unanimously)

1.    That the specialist professional services quotation brief at Appendix 1 be approved.

2.    That the funding mechanism for the plan, as set out in paragraph 7, be approved.

3.    That Council be recommended to approve a supplementary revenue budget in 2023/24 to reflect the proposed expenditure of £58,791 associated with the action plan for nature specification and work to prepare for the delivery of Biodiversity Net Gain (BNG). This would be financed by the transfer of £11,984 from the grants unapplied reserve, £26,807 grant receivable in 2023/24 and £20,000 from the General Reserve.

The Chair declared the motion CARRIED.

19:15 – Councillor Andy Nash left the meeting.

Derbyshire Dales DC and Amber Valley BC secured a £25,000 grant from the Local Government Association (LGA) and their Housing Advisers Programme at the end of 2021/22. The grant award followed a successful bid for funding to undertake research into the private rented sector across both council areas. Altair were appointed to undertake the research which took place between April 2022 and March 2023. The final report was received prior to the local elections in May, hence the delay in reporting to Members. Altair have put forward several recommendations for Derbyshire Dales DC to consider and these are set out in the report.

The Director of Housing introduced a report which sought Member approval to recruit an additional Home-Options Officer on a temporary basis, and to engage consultants to develop an initial business plan for an Ethical Lettings Agency and direct provision of private rented homes.

The District Council, in partnership with Amber Valley Borough Council, received a £25,000 grant from the Local Government Association (LGA) and their Housing Advisors Programme at the end of 2021/22. The grant award followed a successful bid for funding to undertake research into the private rented sector across the areas covered by both authorities. Altair were appointed to undertake the research which took place between April 2022 and March 2023. The final report was received prior to the local elections in May, which resulted in a delay in reporting this information to Members. The recommendations proposed by Altair were set out in the report for Members to consider.

It was moved by Councillor Peter O’Brien, Seconded by Councillor Matt Buckler and

RESOLVED (unanimously)

1.    That an additional Home-Options Officer be recruited on a temporary basis, funded by an earmarked reserve.

2.    That the Director of Housing engage suitable consultants to develop an initial business plan for an Ethical Lettings Agency and direct provision of private rented homes that can be brought back to Members for further consideration.

The Chair declared the motion CARRIED.