Agenda and minutes

Apologies for absence were received from Councillors Brady, Caulfield, Elliott and Hill.

Councillor T Gilby declared an interest in agenda item 4, item 1 (CHE/16/00614/OUT – Outline application for proposed housing development with all matters reserved except the access at Land to the north west of Northmoor View, Brimington) due to the proximity of his house to the application site.

Councillor P Barr declared an interest in agenda item 4, item 2 (CHE/17/00344/FUL – Installation of storage containers for use as a storage yard, installation of security fencing and a new vehicular access at Land to the west side of Thompson Street, Chesterfield) as an objector was personally known to him.

Councillor Callan did not attend the site visits of agenda item 4, items 2 and 3 and did not take part in the debates or subsequent votes.

RESOLVED -

That the Minutes of the meeting of the Planning Committee held on 7 August, 2017 be signed by the Chair as a true record.

Councillor T Gilby who had declared an interest in this item left the meeting at this point and did not return.

*The Committee considered the under-mentioned applications in light of reports by the Development Management and Conservation Manager

and resolved as follows:-

CHE/16/00614/OUT - OUTLINE PLANNING APPLICATION WITH ALL MATTERS EXCEPT ACCESS RESERVED FOR PROPOSED HOUSING DEVELOPMENT INCLUDING LAND ALLOCATED FOR A PRIMARY SCHOOL (ADDITIONAL INFORMATION RECEIVED - HERITAGE IMPACT ASSESSMENT AND GEOPHYSICAL SURVEY REC'D ON 19/04/2017; AND TRANSPORT ASSESSMENT ADDENDUM REC'D ON 02/05/2017) ON LAND TO THE NORTH WEST OF NORTHMOOR VIEW, BRIMINGTON, CHESTERFIELD, DERBYSHIRE FOR FG SISSONS (CHESTERFIELD) LTD

In accordance with Minute No.299 (2001/2002) Councillor Bellamy (objector), Councillor P Gilby (objector), Mr K Pratt (objector) and Mrs P Wright (objector), addressed the meeting.

That the officer recommendation be upheld and the application be refused for the following reasons:-

Principle of Development

1.  The site the subject of the application is on land allocated under policy EVR2 of the 2006 Local Plan (a saved designation of the Chesterfield Local Plan: Core Strategy 2011 – 2031) as open countryside and land located under policy CS1 as a Strategic Gap between Brimington and Tapton. Policy CS10 of the Chesterfield Local Plan: Core Strategy 2011 – 2031 states that greenfield led housing development will not be accepted where the Local Planning Authority is able to demonstrate a 5 year housing land supply. 

On the basis that the Local Planning Authority is currently able to demonstrate a 5 year housing land supply the development would be contrary to the provisions of policy CS10 and EVR2 of the Chesterfield Local Plan: Core Strategy 2011 – 2031, the wider provisions of the National Planning Policy Framework. 

Strategic Gap

2.  The development would introduce an extension to the built settlement of Brimington which would encroach into land which is Open Countryside and has been identified to form part of the Strategic Gap between Tapton and Brimington under the provisions of policies CS1, CS2 and CS9 of the Chesterfield Local Plan: Core Strategy 2011 – 2031 and the wider National Planning Policy Framework.  The development proposals are considered to be contrary to the provisions of these policies which seek to maintain open land between neighboring settlements to prevent merging (perceptual and physical) and protect the setting and separate identity of settlements; support appreciation and wider perceptual benefits of open countryside; and maintain existing or influence form and direction of settlements. 

Archaeology

3.  It is a requirement of the National Planning Policy Framework, paragraphs 128-129 that the applicant demonstrates to the satisfaction of the Local Planning Authority that appropriate desk-based assessment and, where necessary, field evaluation has been undertaken to determine the potential impact of the development proposals upon any heritage assets, including those with archaeological interest. On the basis of expert advice provided to the Local Planning Authority it is considered that insufficient information has been provided to properly assess the impact of these development proposals upon potential archaeological features which have been identified by  ...  view the full minutes text for item 43.

*The Chief Building Control Officer reported that pursuant to the authority delegated to him he had determined the under-mentioned plans under the Building Regulations:-

Councillor Davenport left the meeting at this point and did not return.

*The Development Management and Conservation Manager reported that pursuant to the authority delegated to him, he had determined the under-mentioned applications subject to the necessary conditions:-

*The Development Management and Conservation Manager reported that pursuant to the powers delegated to him he had determined the under-mentioned applications in respect of:-

The Development Management and Conservation Manager reported on the current position in respect of appeals which had been received.

*RESOLVED -

That the report be noted.

To move “That under Section 100(A)(4) of the Local Government Act, 1972 the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 6 of Part I of Schedule 12A of the Act.”

RESOLVED –

That under Section 100(A)(4) of the Local Government Act 1972 the public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 6 of Part 1 of Schedule 12A of the Act.

The Development Management and Conservation Manager submitted a report requesting that the committee consider for inclusion in a Tree Preservation Order six trees, including three Sycamore trees, two Cherry trees and an Ash tree, in the grounds of the former Chamber of Commerce, Wharf Canal, Stonegravels and one Copper Beech tree on a small strip of land between the southern boundary corner of the former Chamber of Commerce and Canal Mews, Stonegravels.

*RESOLVED –

That the seven trees be included in a Tree Preservation Order made under sections 198, 201 and 203 of the Town and Country Planning Act 1990, and that the order is served with immediate effect.