Agenda and minutes

12 September 2023

Prior to the beginning of the formal meeting, the Committee were asked to take part in a moment of quiet reflection for those families experiencing difficulties in the Middle East due to the ongoing situation.

It was moved by Councillor Peter Slack, seconded by Councillor David Hughes and

RESOLVED

That the minutes of the meeting of the Planning Committee held on 12 September 2023 be approved as a correct record.

Voting

14 For

0 Against

1 Abstentions

The Chair declared the motion CARRIED.

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.

Councillor Peter Dobbs declared a non-pecuniary interest in Item 5.1 Application No 23/00787/FUL- Alterations to windows and doors (re-submission) at 2 Birchwood Moor Court, Roston, Ashbourne, Derbyshire DE6 2EJ.

Alterations to windows and doors (re-submission) at 2 Birchwood Moor Court, Roston, Ashbourne, Derbyshire, DE6 2EJ.

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, Ms Claire Critchlow (Applicant) spoke in support of the application.

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

It was moved by Councillor David Hughes, seconded by Councillor David Burton and

RESOLVED

That planning permission be approved subject to the conditions as set out below:

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

Reason:

This is a statutory period which is specified in Section 91 of the Town and Country Planning Act 1990.

2.    Notwithstanding the submitted details, the windows and doors hereby approved shall match in terms of design, material, colour and recess the windows and doors in the existing building.

Reason:

To ensure a satisfactory external appearance in accordance with the aims of policy PD1 of the Adopted Derbyshire Dales Local Plan (2017).

Voting:

13 For

01 Against

00 Abstentions

The Chair declared the motion CARRIED.

Approval of reserved matters for the erection of 196 no. dwellings, a café/restaurant (A3 Use) and 4no. Commercial Units (B1 Use) (outline planning application 14/00541/OUT) at Hall Dale Quarry, Matlock Spa Road, Snitterton, 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 Mark Cavell (Applicant) spoke in support of the application. Mr Richard Walker (Matlock Civic Association) spoke against the application.

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

The recommendations as set out in the report, with additional conditions relating to road construction and grey/rainwater recycling, were moved by Councillor Stuart Lees and seconded by Councillor Neil Buttle.

During debate, an amendment was moved by Councillor Peter Slack to defer consideration of this application to a future meeting to allow for the Section 106 agreement to be renegotiated by officers, this was seconded by Councillor David Burton and put to the vote as follows:

Voting

04 For

10 Against

01 Abstention

The Chair declared the amendment LOST.

The substantive motion was then put to the vote and

RESOLVED

That planning permission be approved subject to the conditions set out in section 8 of the report and to cover the following matters:

·         Grey and rainwater recycling

·         Roads being constructed up to adoptable standards

And an advisory footnote to encourage the delivery of affordable housing.

Voting

10 For

03 Against

02 Abstentions

The Chair declared the motion CARRIED.

Mixed use development comprising of 24 no. dwellinghouses and 1535m2 of commercial (Use Class E) floorspace at Hall Dale Quarry, Snitterton Road, Snitterton, 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 Mark Cavell (Applicant) spoke in support of the application. Mr Richard Walker (Matlock Civic Association) spoke against the application, comments as Application 20/00308/REM.

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

The recommendations as set out in the report were moved by Councillor Stuart Lees, with three additional conditions as follows: Road and Footpaths are built to highway standard, use grey water harvesting and the Council to investigate facilitating affordable houses. This was then seconded by Councillor Dermot Murphy.

In accordance with Rule of procedure 19d, a recorded vote was requested by Councillor Mark Wakeman and seconded by Councillor Nick Whitehead. The motion was then put to the vote and the votes were recorded as follows:

For – 8 Councillors: John Bointon, Sue Burfoot, Neil Buttle, Peter Dobbs, Nigel Edwards-Walker, Stuart Lees, Dermot Murphy and Peter O’Brien

Against – 6 Councillors: David Burton, David Hughes, Laura Mellstrom, Peter Slack, Mark Wakeman and Nick Whitehead

Abstention – 1 Councillor: Roger Shelley

It was therefore

RESOLVED

That authority be delegated to officers to grant planning permission, subject to conditions and following the completion of a linking agreement or deed of variation to tie the development to the terms of the s106 agreement secured in respect of outline permission 14/00541/OUT and to secure the long term delivery of biodiversity net gain, and planning permission be approved subject to the conditions set out in section 8 of the report and the following to cover the following matters:

·         Grey and rainwater recycling

·         Roads being constructed up to adoptable standards

And an advisory footnote to encourage the delivery of affordable housing.

The Chair declared the motion CARRIED.

8.08 pm Councillor Mark Wakeman left the meeting.

8.08 pm – The Chair adjourned the meeting.

8.17 pm – The meeting reconvened.

Brief description of item.

At 8.17pm, it was moved by Councillor David Hughes, seconded by Councillor David Burton and

RESOLVED (Unanimously)

That in accordance with Rule of Procedure 13, the meeting continues until 10pm to allow for the completion of business.

The Chair declared the motion CARRIED.

Erection of 27 no. affordable dwellinghouses, open space, landscaping, highway improvements and associated works at Land North of Old Hackney Lane, Hackney, Matlock.

The Senior Planning Officer 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, Ms Beverley Moss (Agent) spoke in support of the application. Ms Diana Woodhouse (Local Resident) spoke against the application. Ms Carol Taylor (Old Hackney Lane/Darley House Estate Group) commented on the application.

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 further comments from Derbyshire Wildlife Trust.

During debate, Members asked that the Development Manager write to Derbyshire County Council on behalf of the Planning Committee asking them to consider 20 mile per hour highway restrictions on inadequate roads such as Hackney Lane.

It was moved by Councillor David Burton, seconded by Councillor Nick Whitehead and

RESOLVED

That planning permission be refused for the reasons set out in section 8 (excluding No 4 as this no longer applied) of the report:

1.    The proposal constitutes piecemeal development of an allocated housing site that would prevent the efficient use of land and delivers sub-optimal outcomes in terms of matters such as layout, design, landscaping, open space and sustainable drainage which need designing on a comprehensive basis across the site, contrary to Policy S1 of the Adopted Derbyshire Dales Local Plan (2017).

2.    The proposed scale and appearance and land level of the dwellings would dominate the street scene of Old Hackney Road and the layout is dominated by the estate road, both of which fail to reflect the character of the surrounding area identified as having a high landscape sensitivity, contrary to Policies S3, PD1, PD5 of the Adopted Derbyshire Dales Local Plan (2017) and Policies NP1, NP8 and NP11 of the Darley Dale Neighbourhood Plan Jan 2020.

3.    Insufficient information has been supplied in order to demonstrate that the proposed site is able to drain and that due consideration has been given to the space required on site Page 2 of 5 23/00535/FUL for surface water storage to accord with the SUDS hierarchy contrary to Policy PD8 of the Adopted Derbyshire Dales Local Plan (2017).

That the Development Manager is to write to Derbyshire County Council on behalf of the Planning Committee asking them to consider 20 mile per hour highway restrictions on inadequate roads such as Hackney Lane.

Voting

13 For

0 Against

1 Abstentions

The Chair declared the motion CARRIED.

Erection of 41no. dwellinghouses including garages, provision of public open space, green infrastructure and access at Land to rear of Farm Cottage, Old Hackney Lane, Hackney.

Erection 11 no. dwellings within castle grounds, conversion of existing outbuildings and gatehouse to form 7no.dwellings, reconstruction of gatehouse to form 2no.dwellings, erection of orangery and covered parking area at Riber Castle, Riber Road, Riber, Matlock

The Principal Planning Officer 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 Robert Wright (Applicant) spoke in support of the application. Mr Ian Dixon (Local Resident), Ms Sandra Dixon (Local Resident) and Mr Richard Walker (Matlock Civic Association) spoke against the application. Mr Doug Pealing (Local Resident) had a statement read on his behalf.

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 a correction to a typo in the recommendation section on the front page of the report:  This application is for full planning permission and therefore the reference to ‘outline’ is in error and is omitted from the report.

During debate Councillor David Hughes moved the recommendations as set out within the report and asked that consideration be given to the following issues when assessing details submitted to discharge the conditions as set out in the report:

·         Plot 1; a recessive roof colour to be used.

·         Emergency access to the site.

This motion was then seconded by Councillor Nigel Edwards-Walker and

RESOLVED

That authority be delegated to the Development Manager or Principal Planning Officer to grant planning permission upon completion of a S.106 planning obligation to secure:

·         approval and implementation of a management plan for the site;

·         provision of transport facilities;

·         provision and maintenance of footpath for use by the public and public access;

·         approval and implementation of construction access strategy; and

·         approval and implementation of road management scheme.

And subject to the conditions as set out in section 8 of the report.

Voting

12 For

0 Against

2 Abstentions

The Chair declared the motion CARRIED.

Alterations in association with conversion of outbuildings to dwellings and reconstruction of gatehouse to form dwelling at Riber Castle, Riber Road, Riber, Matlock.

The Principal Planning Officer 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 Robert Wright (Applicant) spoke in support of the application. Mr Ian Dixon (Local Resident) and Ms Sandra Dixon (Local Resident) spoke against the application.

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

It was moved by Councillor Nick Whitehead, seconded by Councillor Peter Slack and

RESOLVED

That listed building consent be approved subject to the conditions set out in section 8 of the report.

Voting

12 For

1 Against

1 Abstentions

The Chair declared the motion CARRIED.

Brief description of item.

At 9.37pm, 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 continues to enable the business on the agenda to be concluded.

The Chair declared the motion CARRIED.

Change of use of agricultural field for use as a driver training facility for excavators and conversion of mobile chicken shed to form classrooms at Brooklands House, Grove Lane, Doveridge, Derbyshire, DE6 5PB.

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, Ms Katie Baker (Trainer for the facility) and Mr David Poyser (Applicant) spoke in support of the application.

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 comments received from a local resident.

It was moved by Councillor Peter Slack, seconded by Councillor David Burton and

RESOLVED (unanimously)

That planning permission be approved subject to the conditions as set out in section 8 of the report.

The Chair declared the motion CARRIED.

9.55 pm Councillor Murphy left the meeting.

Outline planning application for the erection of up to 3no. dwellinghouses with approval being sought for access (resubmission) at Land to the West Side of Derby Lane, Ednaston, Derbyshire.

The Senior Planning Officer 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 James Filer (Agent) spoke in support of the application.

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 comments received from the Local Highway Authority.

It was moved by Councillor David Burton, seconded by Councillor Peter Dobbs and

RESOLVED (unanimously)

That planning permission be refused for the reasons set out in section 8 of the report.

The Chair declared the motion CARRIED.

10.08 pm Councillor Nick Whitehead left the meeting.

Demolition of 1no. dwellinghouse and erection of 4no. apartments with associated parking and access at 82 Oker Avenue, Darley Dale, Derbyshire, DE4 2GP.

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 Matt Hubbard (Agent) spoke in support of the application.

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

It was moved by Councillor Sue Burfoot to refuse the application, this was seconded by Councillor David Burton and put to the vote as follows:

Voting

5 For

6 Against

1 Abstentions

The Chair declared the motion LOST

It was then moved by Councillor Neil Buttle to approve the application subject to the conditions as set out in the report, this was then seconded by Councillor Nigel Edwards-Walker.

In accordance with Rule of procedure 19d, a recorded vote was requested by Councillor David Burton and seconded by Councillor Neil Buttle. The motion was put to the vote and the votes recorded as follows:

For – 6 Councillors: John Bointon, Neil Buttle, Nigel Edwards-Walker, David Hughes, Laura Mellstrom and Peter Slack

Against – 5 Councillors: Sue Burfoot, David Burton, Stuart Lees, Peter O’Brien and Roger Shelley

Abstention – 1 Councillor: Peter Dobbs

It was therefore

RESOLVED

That planning permission be approved subject to the conditions set out in section 8 of the report.

The Chair declared the motion CARRIED.

Conversion and alteration of attached outbuilding and installation of new and replacement roof lights at 31 Bank Road, Matlock, Derbyshire.

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 Benjamin Parker (Applicant) spoke in support of the application, and Mr Paul Kemp (Local Resident) spoke against the application.

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

It was moved by Councillor Sue Burfoot to defer consideration of the application to allow for officers to negotiate the potential adverse impact on neighbouring properties, this was seconded by Councillor Neil Buttle and put to the vote as follows:

Voting

04 For

07 Against

01 Abstentions

The Chair declared the motion LOST.

It was then moved by Councillor David Hughes to approve the application subject to a condition regarding the treatment of the wall between the two properties to reduce any potential adverse impact, this was seconded by Councillor Roger Shelley and put to the vote as follows:

Voting

04 For

07 Against

01 Abstentions

The Chair declared the motion LOST.

It was then moved by Councillor Peter Slack, seconded by Councillor Nigel Edwards-Walker and

RESOLVED

That planning permission be approved subject to the conditions set out in section 8 of the report.

Voting

07 For

02 Against

03 Abstentions

The Chair declared the motion CARRIED.

To consider a status report on appeals made to the Planning Inspectorate.

It was moved by Councillor Stuart Lees, seconded by Councillor Peter Dobbs and

RESOLVED (unanimously)

That the report be noted.

The Chair declared the motion CARRIED.