Agenda and draft minutes

To receive declarations of interest (if any)

None received.

To receive declarations of significant lobbying (if any)

None.

To receive petitions (if any)

None received.

To confirm the non-exempt minutes of the meeting of the Regulatory – Planning Committee held on 6 September 2021

Section 119 of the Highways Act 1980: Proposed Diversion of Public Footpath No 39 (Part) – Parish of Barlow. (Minute 36/21 refers) Councillor Mihaly asked whether clarification had yet been received that officers had been satisfied that the diversion would not impede accessibility over the footpath by people with disabilities. The Head of Planning Services had contacted colleagues in Rights of Way to provide an answer to this but to date an answer had not been received. A further reminder would be sent with a view to a response being made available to the next meeting.   

RESOLVED that the minutes of the meeting of the Committee held on 6 September 2021 be confirmed as a correct record and signed by the Chairman.

A report by the Director of Legal and Democratic Services was presented on this item, which informed Members of a Supreme Court judgment of 2019 that concerned the law on town or village greens (TVG) and consequentially recommended an amendment to the scheme of prioritisation employed by the Council in relation to applications for TVG registration.

The report explained that in light of the judgment (Lancashire County Council v Secretary of State for the Environment, Food and Rural Affairs [2019] UKSC 58), registration authorities in considering any application for registration of land as TVG in which the land was held by a public body for statutory purposes, had to assess whether a TVG would be incompatible with the statutory purposes for which the land is held.

The report also explained how several TVG Applications awaiting determination by the Council were for land owned by a public body and were considered low priority within the current prioritisation scheme, and how it was considered prudent for the scheme to be amended to enable those applications ahead of other applications (other than those relating to imminent development that were in the current top Priority 1). The Director in the report therefore recommended approval of an amendment to the scheme which featured the insertion of a new level or priority, to read as ‘priority 1B – Applications where the subject land is owned by a public body and therefore statutory incompatibility may prevent the registration of land as a TVG.    

RESOLVED to note the report and approve the amendment to the current scheme of prioritisation proposed by the Director of Legal and Democratic Services.

A report on this item by the Director of Legal and Democratic Services was presented to the Committee to enable it to determine an application made under the Commons Act 2006 to register land known as Dale Crescent, The Dale, Hathersage as a town or village green. The former Regulatory, Licencing and Appeals Committee had authorised the appointment of an independent Inspector to make recommendations to the Council as to its determination.

Miss Annabel Graham Paul of Counsel had been appointed as Inspector on 11 February 2019 and her report had been provided to the Council on 4 October 2019. This report formed Appendix 2 to the Director’s report and set out the evidence presented to her and her conclusions in relation to the application.She had found that the legal test for registration as a town or village green had been met; that the land had been used by a significant number of inhabitants of a neighbourhood within a locality for lawful sports and pastimes for a period of 20 years; and that use had been as of right. On account of the reasons for the Inspector’s recommendation for the application to succeed in respect of the entire application that were set out in her report, the officer recommendation was accordingly in favour of registration of all the land at Dale Crescent, The Dale, Hathersage that was under the application as a Town or Village Green.

RESOLVED that the Inspector’s recommendation in relation to the application to register the land at Dale Crescent, The Dale, Hathersage as a Town or Village Green (VG145) be accepted, and that the land be registered as a Town or Village Green.

The report to the Committee by the Director of Legal and Democratic Services for this item referred to how the main powers for enforcement under the Town and Country Planning Act 1990 were within the existing  specific delegations of functions to the Head of Planning Services, but that the powers under sections 102 171C and 196A of the Act (which were also under the remit of the Committee) were not.

The report also explained that although there was a general allowance in the scheme of delegations for functions to be exercised by officers directly, both for day-to-day administration and operational management, and for urgency, it was considered that specific delegation of those powers to Head of Planning Services would make the constitutional position firmer and more transparent. The officer recommendation was accordingly for such a resolution.

RESOLVED to delegate to the Head of Planning Services the exercise of the following functions under the Town and County Planning Act 1990.

An application had been received from Derbyshire County Council for planning permission for the removal of three wooden sheds and the erection of a garage for storage at Ridgeway Primary School, Main Road, Ridgeway. The applicant sought permission to replace existing storage facilities that were in disrepair, and to improve security of school property.

The Executive Director had provided a detailed report published with the agenda, which included details of the consultation process and publicity, following which no objections had been received, and commentary on planning considerations, leading to a recommendation for authorising a grant of permission subject to a set of conditions, detailed in the Executive Director’s report.

Members asked a number of observations and asked questions which were duly noted or answered by the Team Leader Development Management.

In conclusion the Team Leader Development Management commented that a clear need for development had been demonstrated and justified. The new development would play a vital role in enhancing sport and recreation facilities and activities at Ridgeway Primary School. This would be an acceptable development within the designated Green Belt. On balance, whilst the openness of the Green Belt would be affected to a limited extent, he considered that this would have a very negligible effect upon the purposes of the Green Belt designation, particularly given that the development would be within the established school site. He was satisfied that the design of the building would be appropriate within the context of the locality, and Moss Valley Conservation Area designation.

RESOLVED that planning permission be granted subject to conditions substantially similar to the draft conditions contained in the Executive Director’s report.

Members were notified of the intention to publish a revised Local List of Information Requirements for planning applications with effect from 15 January 2022.

In accordance with guidance issued by the Department for Levelling Up, Housing and Communities (DLUHC), a draft revised list of County Council information requirements for planning applications, had been prepared for publication and implementation by the Council.

On 12 April 2021, this Committee authorised the commencement of consultations on a draft revised Local List of information requirements for planning applications. The draft Local List had been prepared in accordance with guidance issued by the DLUHC which also required the County Council to consider and take account of any representations received prior to publication and implementation of the Local List. The report summarised the representations that had been received and the amendments which were proposed to be made to the Local List in response to those representations. The revised draft final Local List was attached at Appendix B to the report of the Executive Director Place.

RESOLVED:

To note that the adopted Local List of information requirements for planning applications had been revised in light of the consultation responses and was to be published from 15 January 2022.

RESOLVED:

To receive the report on current enforcement action.

(to be circulated at the meeting)

RESOLVED:

To receive the list on decisions outstanding on 22 December 2021 relating to EIA applications outstanding for more than sixteen weeks, major applications outstanding for more than thirteen weeks and minor applications outstanding for more than eight weeks.

RESOLVED:

To note that the following appeal has been lodged with the Planning Inspectorate:

Appeal Reference APP/U1050/C/20/3257919

Land at Lady Lea Road, Horsley, Ilkeston

Appeal against Enforcement Notice Issues on 16 July 2020

Appeal Start Date – 8 September 2020

RESOLVED to note that the following applications had been approved by the Executive Director – Place under delegated powers on:

RESOLVED to receive the Planning Services Development Management Performance Management Statistics for 1 July 2021 to 31 December 2021.