Agenda and minutes

14 November 2023

It was moved by Councillor Neil Buttle, seconded by Councillor Peter Dobbs and

RESOLVED

That the minutes of the meeting of the Planning Committee held on 14 November 2023 be approved as a correct record.

Voting

11 For

00 Against

01 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.

Item 5.9 - APPLICATION NO. 23/01092/FUL – Ashbourne Methodist Church, Church Street, Ashbourne - Construction of link extension, extensions to new garden entrance, Gateway accommodation and Chapel House, demolition of lean-to extension to Chapel House and new community garden with ramped access.

And

Item 5.10 - APPLICATION NO. 23/01093/LBALT – Ashbourne Methodist Church, Church Street, Ashbourne - Construction of extensions, internal and external alterations to existing church, associated buildings and Chapel House including demolition, creation of community garden and associated works.

Councillor David Hughes declared a non-pecuniary interest in Items 5.9 and 5.10 due to being Chair of the Ashbourne Reborn Programme Board.

Councillor Peter Dobbs declared a non-pecuniary interest in Items 5.9 and 5.10 due to being a member of the Ashbourne Reborn Programme Board.

Residential development of 87no. dwellinghouses with associated landscaping, infrastructure and access at Lot 2, Leys Farm, Wyaston Road, Ashbourne, 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 Darren Abbott (Applicant) spoke in support of the application. Mr Martin Bottomley (Local Resident), Mr Stephen Prince (Local Resident), and Mr David Tyers (Local Resident) spoke against 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 Local Residents and further information received from the applicant’s agent regarding the Noise Impact Assessment, the installation of the play area and further information from their drainage consultants on the drainage strategy proposed. Officers had responded with the following amendments to conditions:

Condition 2 shall be amended to include reference to the Noise Impact Assessment for clarity and Condition 23 shall be amended in accordance with the above to allow the play area to be installed at an appropriate time in accordance with the build out programme.

It was moved by Councillor Peter Dobbs, seconded by Councillor Robert Archer and

RESOLVED (unanimously)

That planning permission be refused for the following reasons:

1.    The development would be served by an access off a narrow country lane, where vehicle speeds and visibility are such that movements to and from the site would be detrimental to highway safety, and cumulatively with other recent development in the area have severe impacts on the transport network contrary to the requirements of Policy S4 and HC19 of the Adopted Derbyshire Dales Local Plan (2017).

2.    The development fails to facilitate choice of travel and safe and easy viable access to the facilities within the town to encourage walking and cycling contrary to the aims of Policy HC19 of the Adopted Derbyshire Dales Local Plan (2017) and Policy TRA1 of Ashbourne Neighbourhood Plan (2021).

3.    Insufficient information has been submitted to demonstrate that surface and foul water flows from the development can be accommodated without adversely affecting the environment and increasing the risk of flooding elsewhere contrary to the aims of Policies S1 and PD8 of the Adopted Derbyshire Dales Local Plan (2017).

4.    The proposed development delivers a blended housing mix that is skewed towards larger house types. Without clear and convincing justification, this does not meet the housing needs of the district contrary to the aims of policies S1 and HC11 of the Adopted Derbyshire Dales Local Plan (2017) and Policy HOU1 of Ashbourne Neighbourhood Plan (2021).

5.    The layout of the development does not respond positively to the context, character and identity of this part of the town and constitutes poor design contrary to the aims of Policy PD1 of the Adopted Derbyshire Dales Local Plan (2017), Policy DES1 of the Ashbourne Neighbourhood Plan (2021) and policy contained in the National Planning Policy Framework (2023).

6.    The  ...  view the full minutes text for item 254/23a

Erection in rear yard of 2no. retail unit (Use Class E – Commercial), associated hard and soft landscaping works and reinstatement / repair of existing boundary walls (resubmission) at Land to Rear of 38-40 St John Street, Ashbourne, Derbyshire, DE6 1GH.

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 David Breakwell (Agent) spoke in support of the application.

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

Councillor David Hughes proposed a motion to approve the application for planning permission, this was seconded by Councillor Peter O’Brien and put to the vote as follows:

Voting

02 For

09 Against

01 Abstention

The Chair declared the motion LOST.

It was then moved by Councillor Robert Archer, seconded by Councillor Peter Dobbs and

RESOLVED

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

Voting

10 For

01 Against

01 Abstentions

The Chair declared the motion CARRIED.

Works to boundary walls in association with development in rear yard (resubmission) at Land to Rear of 38-40 St John Street, Ashbourne, Derbyshire, DE6 1GH.

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 David Breakwell (Agent) spoke in support of the application.

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

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

RESOLVED

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

Voting

9 For

2 Against

1 Abstentions

The Chair declared the motion CARRIED.

Cladding of static caravan and installation of decking and screening with associated engineering works to from 1no. holiday let (part-retrospective) at Atlow Mill, Mill Lane, Hognaston, 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, Mrs Monteith (Atlow Parish Council) and Mr James Jarvis (Applicant) spoke in support of the application.

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

It was moved by Councillor Peter O’Brien, seconded by Councillor Sue Burfoot and

RESOLVED (Unanimously)

That planning permission be approved subject to the following conditions:

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

2.    The development hereby permitted shall not be carried out other than in accordance with the following approved plans and documents, subject to the following conditions:

·         Drawing Nos. 4598 - 001, 004, 005, 006 and 007 received on 18th October 2023

·         Design and Access Statement received on 18th October 2023.

3.    The accommodation hereby approved shall be used solely for the purposes of temporary holiday accommodation and shall not at any time be occupied as permanent residential accommodation. No person shall occupy the holiday accommodation for a continuous period of more than 28 days in any calendar year or more than a total of 8 weeks in a calendar year and it shall not be reoccupied by the same person/s within 28 days following the end of that period. A register of all occupiers of the holiday accommodation, detailing dates of occupation, names and usual addresses, shall be maintained by the owner(s) and a copy shall be provided to Local Authority upon written request.

4.    Prior to the installation of lighting fixtures, a detailed lighting strategy shall be submitted to and approved in writing by the LPA to safeguard bats and other nocturnal wildlife. This should provide details of the chosen luminaires, their locations and any mitigating features such as dimmers, PIR sensors and timers. Dependent on the scale of proposed lighting, a lux contour plan may be required to demonstrate acceptable levels of lightspill to any sensitive ecological zones/features. Guidelines can be found in Guidance Note 08/23 - Bats and Artificial Lighting at Night (BCT and ILP, 2023). Such approved measures shall thereafter be implemented in full.

5.    Prior to first occupation of the holiday let hereby approved, details of the measures to help mitigate the effects of and adapt to climate change and timetable for delivery shall be submitted to and approved in writing by the Local Planning Authority. The measures shall thereafter be provided in accordance with the approved details.

The Chair declared the motion CARRIED.

8.14 pm – The Chair adjourned the meeting and Councillor Wakeman left the meeting.

8.29 pm – The meeting reconvened.

Brief description of item.

At 8:30 pm, it was moved by Councillor David Burton, seconded by Councillor Robert Archer and

RESOLVED (Unanimously)

That in accordance with Rule of Procedure 13, the meeting continue to 10.00 pm to enable the business on the agenda to be concluded.

The Chair declared the motion CARRIED.

Erection of 9 no. dwellinghouses and associated works at Land North of Hawthorn House, Clifton Road, Clifton, 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 David Breakwell (Agent) spoke in support of the application. Cllr. Paul Siddall (Clifton Parish Council) commented on the application. Mr Anthony Jones (Local Resident), Ms Lucy Cook (Local Resident), Mr John Griffiths (Local Resident) and Mr Graham Elliott (Local Resident) spoke against 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 information from the applicant’s agent relating to Biodiversity Net Gain and information from emails sent by local residents to the Local Highway Authority (LHA) questioning the visibility and the LHA’s response.

It was moved by Councillor David Hughes, seconded by Councillor Robert Archer 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.

Retention of 5m amateur radio aerial mast holding a rotator with 3m aerial mounting pole at 33 Rockside View, Matlock, Derbyshire, DE4 3GP.

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 Richard Longville (Local Resident) spoke against 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 a summary of late representations and clarification from Environmental Health of the nature of transmission and licensing, informing Members that Radio operators are licensed by Ofcom who are the regulators.

It was moved by Councillor Nick Whitehead, seconded by Councillor Dermot Murphy and

RESOLVED

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

Voting

08 For

01 Against

03 Abstentions

The Chair declared the motion CARRIED.

Brief description of item.

At 9:56 pm, it was moved by Councillor Sue Burfoot, seconded by Councillor Peter Dobbs and

RESOLVED (Unanimously)

That in accordance with Rule of Procedure 13, the meeting continue for 30 minutes to enable the business on the agenda to be concluded.

The Chair declared the motion CARRIED.

Approval of Reserved Matters for the erection of up to 75no. dwellings (Outline planning permission 22/01044/OUT) at Land off Chesterfield Road and Quarry Lane, 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 Sarah Willis (Agent) spoke in support of the application.  Councillor Joanne Linthwaite (Ward Member) and Mr Richard Walker (Local Resident) 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 comments received from Matlock Civic Association and concerns raised by Councillor David Hughes on the foul water drainage.

It was moved by Councillor David Hughes, seconded by Councillor Peter O’Brien and

RESOLVED

That consideration of this application be deferred to a future meeting in order to allow for:

-       re-evaluation of drainage proposals;

-       confirmation to be sought from Severn Trent Water that they can facilitate the anticipated foul water drainage from the proposed development;

-       confirmation to be sought that housing minimum space standards will be adhered to.

Voting

11 For

00 Against

01 Abstentions

The Chair declared the motion CARRIED.

To fell approximately 108 trees at Woodland between River Derwent and A6 road in area around Recycling Centre, Darley Dale.

10:17 pm Councillor David Burton left the meeting and Councillor Sue Burfoot took over as Chair.

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.

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

It was moved by Councillor Nick Whitehead, seconded by Councillor Peter O’Brien and

RESOLVED

That planning permission be approved subject to the following conditions:

1.    The work shall be carried out within two years of the date of this consent.

2.    Within one months of the first felling of any tree, a replanting scheme (including timetable for delivery) shall be submitted to and approved in writing by the Local Planning Authority. The approved replanting scheme shall thereafter be carried out in accordance with the approved details.

3.    A felling programme to minimise disturbance to the woodland shall be submitted to and approved in writing by the Local Planning Authority. The felling shall thereafter be carried out in accordance with the approved programmed.

Voting

10 For

00 Against

01 Abstentions

The Chair declared the motion CARRIED.

Construction of link extension, extensions to new garden entrance, Gateway accommodation and Chapel House, demolition of lean-to-extension to Chapel House and new community garden with ramped access at Ashbourne Methodist Church, Church Street, Ashbourne.

Councillor David Hughes and Councillor Peter Dobbs left the meeting due to previously declaring interests in this item.

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 Tony Walker (Ashbourne Methodist Church) spoke in support of the application.

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

It was moved by Councillor Nick Whitehead, seconded by Councillor Neil Buttle and

RESOLVED (unanimously)

That authority be delegated to the Development Manager or Principal Planning Officer, to grant planning permission subject to conditions set out in section 8.0 of this report, following confirmation from Derbyshire Wildlife Trust, the EA and the LLFA that they raise no objections with or without changes that do not materially alter the development being applied for and any additional conditions that they deem appropriate.

The Chair declared the motion CARRIED.

Construction of extensions, internal and external alterations to existing church, associated buildings and Chapel House including demolition, creation of community garden and associated works at Ashbourne Methodist Church, Church Street, Ashbourne.

Councillor David Hughes and Councillor Peter Dobbs had registered a non-pecuniary interest and sat out for this application.

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.

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

It was moved by Councillor Nick Whitehead, seconded by Councillor Robert Archer and

RESOLVED (unanimously)

That authority be delegated to the Development Manager or Principal Planning Officer to grant listed building consent, following confirmation from Derbyshire Wildlife Trust in respect of the associated full application (code ref. 23/01092/FUL) that the works are acceptable with or without changes that do not require listed building consent, subject to the conditions as set out in section 8.0 of this report and any additional conditions recommended by the Trust that are relevant to this application.

The Chair declared the motion CARRIED.

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

It was moved by Councillor Sue Burfoot, seconded by Councillor Robert Archer and

RESOLVED (unanimously)

That the report be noted.

The Chair declared the motion CARRIED.