Agenda and minutes

Regulatory - Planning Committee - Monday, 31 October 2022 12.45 pm

Venue: Committee Room 1, County Hall, Matlock, DE4 3AG

Contact: Ivan Walters  01629 538328

Note: Members of the Committee will be undertaking a site visit in the morning in relation to the Application detailed at Item 6 on the Agenda, prior to the commencement of the meeting 

No. Item


Declarations of Interest

To receive declarations of interest (if any)


There were no declarations of interest


Declarations of Significant Lobbying

To receive declarations of significant lobbying (if any)


There were no declarations of significant lobbying.



To receive petitions (if any)


No petitions were received.


Minutes pdf icon PDF 60 KB

To confirm the non-exempt minutes of the meeting of the Regulatory – Planning Committee held on 10 October 2022


RESOLVED thatthe minutesof themeeting ofthe Committee held on 10 October 2022 be confirmed as a correct record and signed by the Chairman.



Application for Importation and Stockpiling of 50,000 Tonnes of Pulverised Fuel Ash (PFA) within Existing Clay Stockpiling Area of Waingroves Quarry at Whiteley Road, Ripley, Derbyshire, DE5 3QL - Applicant: Forterra Building Products Ltd - Planning Application Code No: CM6/0522/5 pdf icon PDF 532 KB


An application had been received from Forterra Building Products Ltd, the owner and operator of Waingroves Quarry (a brick clay quarry near Ripley) and was seeking planning permission to import and stockpile temporarily 50,000 tonnes of Pulverised Fuel Ash (PFA) at the current clay stockpiling area at Waingroves Quarry.


A report on the application by the Executive Director for Place had been

published with the agenda, which explained that the applicant sought to

use, on a temporary basis, part of the existing clay stockpiling area

within the site to import 50,000 tonnes of Pulverised Fuel Ash (PFA) for

stockpiling before exporting to brickworks for production of Thermalite

blocks. The PFA would be transported from Ratcliffe-on-Soar Power

Station which was due to close and provided an opportunity to ensure

the ongoing supply of the applicant’s brickworks interests by storage of

the PFA at the Waingroves Quarry site.


The report also referred to the PFA being imported over a 12 week period.

The location of the PFA stockpile would be within the established clay

stocking areas with the clay stockpiles reduced in scale during its use.

The PFA would then be exported on an ‘as need’ basis to the

applicant’s Thermalite factories. The PFA would be fully exported by the

end of 2024 and, as such, temporary permission was sought for this



The report also included details of the consultation process, publicity, objections, observations, comments received, and commentary on the planning considerations.


The site was located within the Green Belt. Amenity and landscape

impacts had been considered and no significant adverse impacts were

identified. The proposal is considered to comply with development plan

policies in the Amber Valley Borough Local Plan (AVBLP) and the

Derby and Derbyshire Minerals Local Plan (DDMLP).


In the morning of 31 October (the day of the meeting), members of the Committee had carried out a visit to the site.


The Development Management Team Leader provided an oral

summary of the main aspects of the proposal, including a presentation of

slides showing plans and views of the site, and informed members of a

further consultation response that had been received by email

following publication of the report, from Amber Valley Borough Council

(Principal Pollution Officer) on Environmental Health matters, copies of

which were circulated at the meeting. The consultation response

drew attention to existing environmental controls at the quarry, of which

officers had been aware when preparing the report.


Councillor D Williams, Ripley Town Council attended the meeting and

commented on the potential for increased daily volume of traffic and the

need for traffic management, with other ongoing developments already

in the area.


Members in discussion referred to some aspects of the application that were mentioned in the report. Particular reference was made to the importation period being referred to as 12 weeks in the body of the report but as 4 months in the conditions listed. The Team Leader Development Management explained that whilst the applicant was working towards a 12 week target for importation  ...  view the full minutes text for item 39/22


To consider the report of the Director of Legal and Democratic Services on Application to register land known as Norbriggs Field, Woodthorpe, Derbyshire as a Town or Village Green (VG128) pdf icon PDF 1 MB


Members were asked to determine an application made pursuant to

section 15 of the Commons Act 2006 (“the 2006 Act”) to register land

known as Norbriggs Field, Woodthorpe (“the Application Land”) as a town

or village green (TVG). A report on the application by the Director of Legal

and Democratic Services had been published with the agenda, which

included a detailed account of the nature of the application; relevant legal

considerations; the submissions provided by the applicant; objections

received from the County Council as landowner; and on behalf of the

governors of Norbriggs Primary School; submissions by the applicant

in response to those objections; and appended a report by Counsel which

concerned the principle of statutory incompatibility.  


The report concluded with a reasoned recommendation that the

Committee should resolve to refuse the application, with particular

reference to the statutory purpose for which the application land was

held being incompatible with its registration as a TVG.


RESOLVED to refuse the application to register the land known as

Norbriggs Field in Woodthorpe as a TVG.







Current Enforcement Action pdf icon PDF 98 KB


RESOLVED to receive the report on current enforcement action.


Outstanding Application List pdf icon PDF 176 KB


RESOLVED toreceive the list on decisions outstanding on 19 October 2022 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.



Current Appeals/Called in Applications pdf icon PDF 58 KB


There were currently no appeals lodged with the Planning Inspectorate.


Matters Determined by the Executive Director - Place under Delegated Powers pdf icon PDF 79 KB


RESOLVED to note applications that had been approved by the Executive Director – Place under delegated powers as detailed in the report.