Agenda and minutes

11^th October 2022

It was moved by Councillor Jason Atkin, Seconded by Councillor Tom Donnelly and

RESOLVED (unanimously)

That the minutes of the meeting of the Planning Committee held on 11 October 2022 be approved as a correct record.

The Chairman 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 Steve Wain declared a non-pecuniary interest in Item 5.3 Application No. 22/00558/FUL Mad Hatter, 34 Crown Square.

The Chairman moved Item 5.6 Application No 22/00769/FUL and Item 5.7 Application 22/00770/LBALT to the start of the meeting debated as one item.

Conversion and change of use of barn to 1no. dwellinghouse and erection of outbuilding comprising of stables and carport at 1 High Street, Bonsall.

The Development Manager gave a presentation showing details of the application and photographs of the site and its 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, Dr Ann Tobin (Local Resident) and Ms Beverly Van De Griend (Local Resident) spoke against the application. Ms Alexandra Palfreyman (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 clarification of condition one of the Officer’s report.

During debate Councillor Garry Purdy moved to defer the application until a flood risk assessment had been carried out and clarification on parking at the top of the shared access un-adopted lane at the rear of the property and the surface material to be used for the track had been given. This was seconded by Councillor Sue Burfoot and

RESOLVED

That planning permission be DEFERRED.

Voting

14   For

1     Against

0     Abstentions

The Chairman declared the motion CARRIED.

Outline planning application for the erection of 1no. Dwellinghouse with approval being sought for scale and layout at Farmers Garage Limited – Land Adjacent, Smedley Street, Matlock, Derbyshire.

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

In accordance with the procedure for public participation, Mr Jamie Foot (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 attention being drawn to an inaccuracy in the application section of the report.

It was moved by Councillor Garry Purdy, seconded by Councillor David Hughes and

RESOLVED

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

Voting

13   For

2     Against

0     Abstentions

The Chairman declared the motion CARRIED.

Erection of 18 no. Dwellinghouses at Land South West of Normanhurst Park, Darley Dale, Derbyshire.

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

In accordance with the procedure for public participation, Mr Andrew Stock (Agent) spoke in support of the application. Cllr. Jason Farmer (Darley Dale Town Council), Mr Ian Walker (Local Resident), Mr Archie Walker (Local Resident) and Mr Rodney Howlett (Local Resident) spoke against the application.

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

It was moved by Councillor Richard FitzHerbert with an additional condition regarding the linkage of the two play areas for safety, seconded by Councillor Garry Purdy and

RESOLVED

That planning permission be approved subject to the conditions set out in the report and the following additional wording to part j) of recommended Condition 12 following the completion of a S106 planning obligation agreement to secure 2 no. first homes and an off-site affordable housing contribution equivalent to 3.4 units (£154,577.60) and a contribution of £168,198.42 towards secondary and post 16 school places and demarcation of a link between the two areas if sited either side of the access road.

Voting

10   For

4     Against

1     Abstentions

The Chairman declared the motion CARRIED.

Retention of single storey building to rear used in association with existing business at Mad Hatter, 34 Crown Square, Matlock, Derbyshire, DE4 3AT.

At 7:28pm Councillor Wain left the meeting during consideration of this application due to declaring a non-pecuniary interest in 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.

In accordance with the procedure for public participation, Cllr Steve Wain (Ward Member) commented on the application, Ms Wendy Spencer (Applicant) and Mr Steven Murphy spoke in support of the application.

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

During debate Councillor Richard FitzHerbert moved to approve the application providing that the sides of the timber structure would be removable and the owners would put in place a mechanism to remove the structure should access be required by the Environment Agency for maintenance. This was seconded by Councillor Graham Elliott and

RESOLVED

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

Within 28 days of the date of this decision, details of the method and mechanism for the removal of the building (in full or part) when access to the flood defence wall is required for inspection and maintenance purposes following notice from the Environment Agency shall be submitted to and approved in writing by the Local Planning Authority. Access shall thereafter be provided to the flood defence wall for inspection and maintenance purposes in accordance with the approved details.

Voting

12   For

1     Against

1     Abstentions

The Chairman declared the motion CARRIED.

The meeting was adjourned from 8:08pm for 15 minutes following consideration of this item.

At 8:22 pm it was moved by Councillor Jason Atkin, seconded by Councillor Tom Donnelly 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 Chairman declared the motion CARRIED.

Erection of agricultural workers dwelling at Oakfields Farm, North Lane, Brailsford.

The Principal Planning Officer gave a presentation showing details of the application and photographs of the site and surroundings.

In accordance with the procedure for public participation, Cllr Michelle Morley (Ward Member read out by Democratic Services Officer) and Mr Liam Ellis (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 updated information from the agent and a letter of support from the applicant’s vet.

During debate Members agreed the farm unit is viable and sustainable and there was a fundamental need to be on site permanently.

It was moved by Councillor Richard FitzHerbert to approve the application with the following conditions:

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

2.    Samples of all materials to be used in the construction of the external surfaces of the proposed development shall be submitted to and approved in writing by the Local Planning Authority before any work to any external surface is carried out. The development shall thereafter be constructed in accordance with the approved details.

3.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification) no external alterations or additions shall be made to the hereby approved dwelling and no buildings, extensions, gates, hardstanding, fences or walls (other than those expressly authorised by this permission) shall be carried out within the curtilage of the dwelling without the prior written approval of the Local Planning Authority upon an application submitted to it.

4.    The occupation of the dwelling shall be limited to a person solely or mainly employed, or last employed, in the locality in agriculture as defined in Section 336 of the Town and Country Planning Act 1990, or any subsequent equivalent statutory provision, or a dependent of such a person residing with him or her, or a widow or widower of such a person.

Reason: The site lies in an area where permission for development unrelated to the essential needs of agriculture is prohibited.

5.    Prior to the works beginning on the superstructure of the dwelling a programme for the delivery of the measures to mitigate the effects of and adapt to climate change shall be submitted to and approved in writing by the Local Planning Authority. The measures shall thereafter be carried out in accordance with the approved programme.

6.    Following the successful completion of a legal agreement to tie the dwelling to the land and buildings controlled by the applicant

This was seconded by Councillor Stuart Lees and

RESOLVED

That planning permission be approved subject to the conditions as shown above.

Voting

14   For

1     Against

0     Abstentions

The Chairman declared the motion CARRIED.

At 8:58 pm Councillor Graham Elliott left the meeting.

Approval of reserved matters for the erection of 12no. dwellinghouses (outline planning consent 19/00455/OUT) at Land Off Millers Green Wirksworth 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 Richard Pigott (Agent) spoke in support of the application. Mr Eric Andrew (Local Resident) and Mr Paul Whitehead (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 amended wording to Conditions 1 and 10.

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

RESOLVED

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

Voting

10   For

1     Against

1     Abstentions

The Chairman declared the motion CARRIED.

Erection of two storey rear extension at 7 Collingwood Crescent, Matlock, Derbyshire, DE4 3TB.

The Development 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.

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 Tom Donnelly to approve with an additional condition:

That there shall be no storage of materials or machinery / equipment associated with the construction of the extension on the access or shared garaging area to the north of the site. Materials and machinery / equipment associated with the construction of the extension shall be stored within the application site unless otherwise agreed in writing by the Local Planning Authority.

This was seconded by Councillor Helen Froggatt and

RESOLVED (unanimously)

That planning permission be approved subject to the conditions set out in the report and the additional condition as detailed previously.

The Chairman declared the motion CARRIED.

Erection of free standing pergola with retractable roof to cover rear terrace area at The Miners Arms Public House, Miners Hill, Brassington, Matlock, Derbyshire, DE4 4HA.

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.

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

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

RESOLVED

That planning permission be approved.

Voting

9     For

3     Against

2     Abstentions

The Chairman declared the motion CARRIED.

Change of use from garage block to dwellinghouse (retrospective) at Cotonwood Lodge, Muse Land, Boylestone, Ashbourne, DE6 5AB.

The Principal Planning Officer gave a presentation showing details of the application and photographs of the site and surroundings.

In accordance with the procedure for public participation, Ms Hannah Street (Applicant) and Mr Rob Watson (Chair of Boylestone Parish Council) spoke in support of the application. Cllr Tony Morley (Ward Member) 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. The applicant had submitted an amended plan showing the building ‘as built’ this plan had been added to the application and included in the presentation.

It was moved by Councillor Sue Burfoot, seconded by Councillor Garry Purdy and

RESOLVED

That planning permission be approved.

Voting

12   For

1     Against

1     Abstentions

The Chairman declared the motion CARRIED.

Erection of temporary rural workers dwelling for a period of 3 years at Land East of Turlowfields Lane, Hognaston.

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 Chris Stait (Local Resident) spoke against the application.  Mr Tom Gardener (Local Resident) and Ms Dawn Lewis (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 two local residents.

It was moved by Councillor David Hughes, seconded by Councillor Janet Rose and

RESOLVED

That planning permission be refused for the following reason:

The development involves the establishment of a new agricultural enterprise, which requires additional land in order to be able to accommodate the amount of livestock necessary to warrant a full time agricultural worker and ensure that the enterprise would be profitable and capable of sustaining such a person. The applicant has therefore failed to demonstrate that the temporary dwelling is necessary to meet the needs of agriculture and would constitute an acceptable form of residential development in the countryside.

Voting

13   For

1     Against

1     Abstentions

The Chairman declared the motion CARRIED.

Reconstruction of Bandstand, Ashbourne Memorial Gardens, Cokayne Avenue, Ashbourne.

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

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 Tom Donnelly, seconded by Councillor Stuart Lees and

RESOLVED (unanimously)

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

The Chairman declared the motion CARRIED.

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

It was moved by Councillor Tom Donnelly, seconded by Councillor Jason Atkin and

RESOLVED (unanimously)

That the report be noted.

The Chairman declared the motion CARRIED.