Agenda item

The following declarations of interest were made:

 

Mr P Ancell declared that he had not been involved in preparation or discussion of the planning application.  He had received emails from Foolow Parish Council, Mr Vickers, Mr Molyneux, Mr Martin, Mr Wills and Mr Hardwick.

 

Cllr D Chapman declared that he had not been involved in preparation or discussion of the planning application.  He had received emails from Foolow Parish Council, Mr Vickers, Mr Molyneux, Mr Martin, Mr Wills and Mr Hardwick.

 

Cllr Mrs L Roberts declared that she had not been involved in preparation or discussion of the planning application.  She had received emails from Foolow Parish Council, Mr Vickers, Mr Molyneux, Mr Martin, Mr Wills and Mr Hardwick.  She also stated that she was present at the Authority meeting on 24 May 2013 but she had not discussed or voted on the issue.

 

Cllr D Williams declared that he had received emails from Mr Vickers and Mr Wills.

 

Cllr A Hart stated that he would only be observing this meeting as he had not completed the refresher planning training and therefore would not speak or vote on the item.

 

Cllr Mrs K Potter declared that she had received emails from Mr Molyneux, Mr Martin, Mr Vickers, Mr Wills and Dr Owens.  She also declared that she was a member of CPRE and knew one of the speakers, Mr Youatt, as he is an ex-member of the Authority’s staff.  Cllr Mrs Potter stated that she was present at the Authority meeting on 24 May 2013 but she had not discussed or voted on the issue.

 

Cllr H Laws declared that he had not been involved in preparation or discussion of the planning application.  He had received emails from Foolow Parish Council, Mr Vickers, Mr Molyneux, Mr Martin, Mr Wills and Mr Hardwick.

 

Ms S McGuire declared that she had received 2 letters from Dr Owens and emails from Mr Vickers and Mr Wills.  She also stated that she knew 3 of the speakers Dr A Tickle, Dr Owens through discussions of National Park issues and Mr Folkard as he is involved in the Stanage Forum, Eastern Moors Partnership and Sheffield Moors Partnership as is Ms McGuire.

 

Cllr P Brady declared that he had not been involved in preparation or discussion of the planning application.  He had received emails from Foolow Parish Council, Mr Vickers, Mr Molyneux, Mr Martin, Mr Wills, Mr Hardwick and Dr Owens.  He also declared that he knew 2 of the speakers – Mr Youatt and Mr Hardwick.  Cllr Brady stated that he was present at the Authority meeting on 24 May 2013 but he had not discussed or voted on the issue.

 

Cllr J A Twigg declared that she had received the same emails as other Members and that she knew most of the speakers as their County Councillor.

 

Cllr C Howe declared she had received emails from Mr Martin, Mr Molyneux, Mr Wills, Mr Vickers, Mr Hardwick and a letter from Dr Owens.

 

Cllr J Macrae declared he had received emails from Mr Martin, Mr Molyneux, Mr Wills, Mr Vickers, Mr Hardwick and a letter from Dr Owens.  He also stated that he was a member of CPRE and the Authority.

 

Cllr C Carr declared he had received email from Mr Vickers and a letter from Dr Owens.

 

Mr R Helliwell declared he had received letters from Dr Owens and emails from Mr Molyneux,  Mr Vickers and Mr Wills.  He also declared that he knew 4 of the speakers – Mr Youatt, Dr Tickle, Mr Folkard and Mr Marsden.  Mr Helliwell stated he was a Member of the Authority.

 

Cllr D Birkinshaw declared that he had not been involved in preparation or discussion of the planning application.  He had received emails from Foolow Parish Council, Mr Vickers, Mr Molyneux, Mr Martin, Mr Wills and Mr Hardwick.

 

Mr John Scott, Director of Conservation and Planning declared that he had represented local objectors at the 2010 planning appeal inquiry and had been instructed by Mr Molyneux and Mr Vickers.  He had stated his views on the 1998 application at the inquiry and supported the Authority’s position.  He considered that his interest was non-prejudicial.

 

The Planning Manager introduced the report and stated that since the report had been written as further 12 letters of objection had been received giving 108 in total.  A consultation response had been received from Natural England stating that they had no objections and did not recommend any conditions.

 

The Planning Manager stated that officers considered that it was clear that the 1998 planning permission had been implemented as landscaping and fencing had been put in, caravans had been using the site and there was evidence of provision of a passing place.  The certificate of proposed lawful use was also clear.  He stated that the discontinuance order would reduce harm to the site and the landscape by amending the conditions of the 1998 permission, subject to confirmation by the Secretary of State.  It was noted that the Secretary of State had received a request to call this application in, so in the event of the Committee resolving to approve the application, DCLG would require notification of the resolution before a decision notice could be issued.

 

The following spoke under the public participation at meetings scheme.  Mr Wills requested a change to the order of the speakers but this was refused by the Chair:

 

·         Mr S Hardwick, Peak Park Watch, Objector

·         Mr J Youatt, Objector

·         Mr S Molyneux, Objector

·         Ms E Nancolas, Village Resident and Objector

·         Mr A Marsden, Objector

·         Mr J Church, Objector

·         Mrs J Vickers, representing Mr R Vickers, Objector

·         Mr D Martin, Objector

·         Mr S Slater, representing Mr P Slater, Objector

·         Mrs J Wills, Objector

·         Dr A Tickle, Friends of the Peak District, Objector

·         Mr H Folkard, Objector

·         Dr P Owens, Objector

·         Mr S Wills, Chair of Foolow Parish Meeting, Objector

·         Ms T Shirley, Applicant

 

The Director of Conservation and Planning stated that the 1998 planning permission had included several conditions and condition 5 referred to the provision of a vehicle passing place on the private road prior to implementation.  Other conditions related to foul drainage, use of the site over the season and landscaping.   He referred to correspondence in 1999 with an agent working for the landowner which stated that passing spaces were already available at either end of the private road and there was correspondence on the file which shows that this was agreed, therefore officers believe the permission was implemented and it is extant. The 1998 planning consent is a realistic fall back position. The Assistant Solicitor stated that no evidence to refute the existence in 1999 of a parking space as a passing place as referred to in the agent’s letter and use by caravans had been presented and the Committee should make a fair and reasonable decision as to implementation on the evidence available to it.

 

The Committee voted to continue the meeting beyond 3 hours.

 

In response to Members’ queries the Director confirmed that a landscape assessment had been submitted with the application and was available to view on the Authority’s website.  He also stated that officers had looked at the site and that the applicant had been treated neutrally as any other applicant would be treated.

 

The Chair stated that the recommendation as set out in the report had been moved but was not seconded.  A motion for refusal due to the scale of development, impact on the landscape, and impact on the Foolow community due to traffic and disturbance was moved and seconded. 

 

Members queried if the discontinuance notice could be dealt with separately or deferred.  Officers stated that it could be deferred.

 

The motion for refusal was then voted on and carried.

 

RESOLVED:

 

1.    That the application by REFUSED for the following reasons:

 

a.    Scale of development resulting in an adverse impact on landscape

b.    Impact on the local community through traffic and disturbance

 

 

2.    That consideration of a Discontinuance Order be DEFERRED.