Agenda and minutes

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 that time.

There were no declarations of interest.

Hybrid Planning Application, accompanied by an Environmental Statement comprising of an Outline Planning Application with approval being sought for site access for up to 345 Residential Units, Class E 'Commercial' uses including Retail and a Restaurant / Cafe, a Hot Food Takeaway (Sui Generis) Unit and Open Space including a Country Park and Play Area and associated landscaping and surface water attenuation and a Full Planning Application for 78 residential units with associated access, open space, landscaping and surface water attenuation at Land Between Sandy Lane, Bent Land and Gritstone Road, Matlock.

The Development Manager gave a presentation showing details of the application and photographs of the site and surroundings.

The Committee visited the site prior to the meeting to allow Members to appreciate the proposal in the context of its surroundings.

In accordance with the procedure for public participation, Mr Tom Dillarstone (Planning Manager - Applicant) spoke in support of the application. Cllr Jason Farmer (Darley Dale Town Council), Sarah Dines MP and Ken Parker (Matlock Civic Association) commented on the application and the following spoke against the application:

Cllr David Hughes (Matlock Town Council)

Julie Atkin (Wolds Community) - Overview

John Youatt (Wolds Community) - Planners Overview

Sharon Briddon – Wolds Community -Viability

Nigel Carter (Wolds Community) - Landscape

Rob Atkin (Wolds Community) - Drainage Proposals

Jenni Fellow (Wolds Community) - Highway Safety Concerns

Christine Gregory (Wolds Community) - Ecology

Professor Steve Martin (Wolds Community) - Sustainability and Climate Change.

John Tresadern (Wolds Community) - Geology and Hydrogeology.

Cllr Steve Wain on behalf of Colleen Marples (Wolds Community) -Planning History of the site.

Christine Martin (Wolds Community) - Present petitions and summarise.

Peter Wild (Wolds Community) - Access

David Ball (Wolds Community) - Ancient water network and pipe capacity.

Heather Clifton Smith (Wolds Community) - Mental health and sitting attenuation.

Nick Elliott (Matlock Community Land Trust)

David Elsworth (Local Resident)

Laura Stevens (Dales Climate Hub)

Paul Hibbitt (Local Resident)

Neil Fray (Local Resident)

Cllr Steve Wain (Ward Member)

Cllr Martin Burfoot (Ward Member)

Cllr Sue Burfoot (Ward Member)

5.10 pm Councillor Nick Whitehead joined the meeting.

6.00 pm Councillor Nigel Edwards-Walker joined the meeting.

Christine Martin (Wolds Community) after her presentation presented the petition with 2,662 signatures to the Chair, the chair asked for her to read out the petition – ‘Refuse the Wolds application and remove it from the Derbyshire Dales Local Plan’ the Chair then formally accepted the petition.

6.45 pm the meeting adjourned.

7.00 pm the meeting reconvened.

Consultation responses were set out in section 5 of the report.

Correspondence received after publication of the agenda was distributed at the meeting. This comprised of an email from the applicant via their agent, a letter received from Legal Counsel representing the applicant representations from Local Residents.

In the Officers comments in response to the email received from the applicant via their agent with regard to RfR no. 1 there was a typographical error in the officer’s report in that Policy S8, rather than PD8 (which deals with Flood Risk Management) is cited. If members were minded to refuse planning permission Reasons for Refusal no. 1 should read:

1.     The application lacks sufficient detail in order for the Local Planning Authority to be satisfied that the development can be delivered without resulting in flood risk on site, elsewhere or presenting unacceptable risk to public safety contrary to the requirements of Policies S1 and PD8 of the Adopted Derbyshire Dales Local Plan (2017) and the objectives of paragraphs 157, 173 and 175 of the National Planning Policy Framework (2023).

Brief description of item.

At 7.30 pm, it was moved by Councillor David Burton, seconded by Councillor Peter Slack and

RESOLVED (Unanimously)

That in accordance with Rule of Procedure 13, the meeting continue to enable the business on the agenda to be concluded.

The Chair declared the motion CARRIED.

It was moved by Councillor David Burton with the replacement wording for No1 Reasons for Refusal as given in the correspondence received after preparation of the agenda, seconded by Councillor Peter Slack and

The Chair informed Members the two Councillors who were late to the meeting were not eligible to vote.

RESOLVED (unanimously)

That planning permission be refused for the reasons set out in section 8.0 of the report with the replacement wording for No1:

1. The application lacks sufficient detail in order for the Local Planning Authority to be satisfied that the development can be delivered without resulting in flood risk on site, elsewhere or presenting unacceptable risk to public safety contrary to the requirements of Policies S1 and PD8 of the Adopted Derbyshire Dales Local Plan (2017) and the objectives of paragraphs 157, 173 and 175 of the National Planning Policy Framework (2023). Page 2 of 7 18/01242/EIA

2. Without any understanding of the final design and construction of the surface water attenuation features proposed to accommodate habitat of very high distinctiveness / principal importance to be translocated, the Local Planning Authority cannot be satisfied that the development would not result in an unacceptable loss of biodiversity. The development is therefore contrary to the requirements of Policies S1, PD3 of the Adopted Derbyshire Dales Local Plan (2017) and paragraph 180 of the National Planning Policy Framework (2023).

3. Insufficient information has been submitted to demonstrate that the surface water attenuation features serving phases 2 - 4 and link road crossing the valley feature can be delivered in a manner that would not result in harm to the character and appearance of this part of Matlock, contrary to the requirements of Policies S1, S7, PD1 and PD5 of the Adopted Derbyshire Dales Local Plan (2017) and Policy contained in the National Planning Policy Framework (2023).

4. The application does not consider or include a mechanism to secure the level of affordable housing across the different phases of the development that can potentially be viably made, and the applicant is not willing to include review mechanisms and clawback provisions in any legal agreement. The development therefore fails to maximise the delivery of affordable housing on this strategically important site and across the plan area contrary to the requirements of Policies S10 and HC4 of the Adopted Derbyshire Dales Local Plan (2017).

The Chair declared the motion CARRIED.