Agenda and minutes

Venue: Council Chamber, Civic Office, Waterdale, Doncaster DN1 3BU. View directions

Link: Click here to view audio visual recording of the meeting

Items
No. Item

42.

Declarations of Interest, if any.

Minutes:

In accordance with Members Code of Conduct, Councillor Sophie Liu declared an interest in Application No. 23/01702/COU Agenda Item 5(4) by virtue of being a Local Ward Member.

 

In accordance with Members Code of Conduct, the Vice-Chair Councillor Sue Farmer declared an interest in Application No. 22/02382/OUT Agenda Item 5(5) by virtue that a family member was speaking on the item. She took no part in the discussion and left the meeting for the duration of the consideration of the application.

 

In accordance with Members Code of Conduct, Councillor Steve Cox declared an interest in Application No. 23/01305/4FULM Agenda Item 5(1). He stated that he had read all the information provided and would listen to proceedings today and form an opinion following the debate. His opinion had not been predetermined.

 

In accordance with Members Code of Conduct, Councillor Gary Stapleton declared an interest in Application Nos. 23/01305/4FULM and 22/02382/OUT Agenda Item 5(1 and 5) stating that regarding Application 1, any decision he would be making would be based on the information presented and discussed in the Chamber today. He had not predetermined his decision. Regarding Application 5 he stated that he would be speaking in support of the application on behalf of the applicant. He took no part in the debate on the application and did not vote.

 

 

43.

Minutes of the Planning Committee Meeting held on 17th October, 2023 pdf icon PDF 103 KB

Minutes:

RESOLVED that the minutes of the meeting held on 17th October, 2023 be approved as a correct record and signed by the Chair.

44.

Schedule of Applications pdf icon PDF 88 KB

Additional documents:

Minutes:

RESOLVED that upon consideration of a Schedule of Planning and Other Application received, together with the recommendations in respect thereof, the recommendations be approved in accordance with Schedule and marked Appendix ‘A’.

45.

Exclusion of Public and Press

Minutes:

The Committee heard from the planning officer presenting Application No.1 (23/01305/4FULM and speakers. Prior to the Committee entering debate, the Committee undertook a vote to exclude the public and press to enable Members to receive privileged legal advice.

 

It was moved by Councillor Iris Beech and seconded by Councillor Steve Cox

 

The voted was declared as follows:-

 

For                  -           9

Against          -           0

Abstain          -           0

 

It was agreed that Committee Members would move to a private room to avoid disruption with removng the public from the Civic Chamber.

 

RESOLVED that the public and press be excluded from part of the agenda item in accordance with Paragraph 5 of Part 1 of Schedule 12A of the Local Government Act 1972 (Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings).

46.

TOWN AND COUNTRY PLANNING ACT 1990, SECTION 106 AGREEMENTS.

Minutes:

RESOLVED that prior to the issue of planning permission in respect of the following planning application, which is included in the Schedule of Planning and Other Applications marked Appendix ‘A’ and attached hereto, the applicants be required to enter into an Agreement under Section 106 of the Town and Country Planning Act 1990, regulating the developments:-

 

Application No.

Description and Location

 

23/01305/4FULM

Erection of residential development with public open space and associated landscaping, drainage, and infrastructure. (Being resubmission of application 22/01710/4FULM refused on 14/04/2023.) at land north of The Railway Line, Rose Hill Rise, Rose Hill, Doncaster DN4 5LE

 

22/00848/FULM

Erection of 38 residential units and 56 retirement living homes, including landscaping and access and land on the north east side of Sandford Road, Balby.

 

22/01032/FULM

Erection of building with commercial units at ground floor level and office space on upper levels (Use Class E) with landscaping; creation of car park area and associated works at Herten Way, Doncaster DN4 7NW

 

47.

Adjournment of Meeting

Minutes:

RESOLVED that in accordance with Council Procedure Rule 17(l), the meeting stand adjourned at 3.20 p.m. and 4.32 pm respectively, to be reconvened on this day at 3.30 pm and 4.40 pm.

48.

Reconvening of Meeting

Minutes:

The meeting reconvened at 3.30pm and 4.40 pm.

49.

Duration of Meeting.

Minutes:

RESOLVED that in accordance with Council Procedure Rule 33.1, the

Committee, having sat continuously for 3 hours, continue to consider the

remaining items of business on the agenda

 

50.

Deed of Variation pdf icon PDF 266 KB

Additional documents:

Minutes:

The Committee received a report seeking approval for the variation to the Section 106 Agreement for a development of residential housing at Owston Road, Carcroft. The report was previously presented to Members at the 17th October Planning Committee but was deferred to provide further education information.

 

An officer from Education was present at the meeting and an update was provided stating that a revised education calculation had been provided which advises that based on the reduced number of dwellings, this along with a post covid birth rate drop, a change to parental preference and removing any out of catchment children from the calculations there is sufficient space at Carcroft Primary and Outwood Academy Adwick to accommodate any children arriving from this development, therefore no education contribution would be required.

 

During debate, further discussion took place regarding education contributions and who was responsible for picking up the places i.e. Local Authority, the school or Department for Education (DfE). Members were advised that as a consultee on a planning application, the service will carry out their own assessment and where insufficient of places are found, a contribution would be sought through S106 Agreement. It was acknowledged that in some cases that contribution has not come forward and in these cases, it would be the Local Authorities responsibility to ensure that places are available. The Local Authority have a small amount of capital funding provided through the DfE which would be used in addition to the funding from the S106 monies received. It was advised that where it is a significant development and the creation of a new school was required, a request would be made to the DfE to supply that funding.

 

It was subsequently MOVED by Councillor Iris Beech and SECONDED by Councillor Gary Stapleton that authorisation be given to Head of Planning to agree the Deed of Variation to vary the terms of the Section 106 Agreement dated 13th December, 2019.

 

A vote was taken on the proposal made by Councillor Iris Beech which was declared as follows:-

 

For                  -           7

Against          -           0

Abstain          -           0

 

On being put to the vote the proposal made by Councillor Iris Beech and seconded by Councillor Gary Stapleton was CARRIED.

 

            RESOLVED that the Head of Planning be authorised to agree a Deed        of Variation to vary the terms of the Section 106 Agreement dated 13th         December, 2019, to remove the requirement to provide affordable             housing and to remove the requirement for a commuted sum in lieu of            education in accordance with the terms of this report. The provisions             relating to POS are unchanged.

51.

Appeal Decisions pdf icon PDF 227 KB

Additional documents:

Minutes:

In response to a query made in relation sale of caravans at Bethel House, Moss Road, Moss, Doncaster, officers would investigate this outside of the meeting and an update would be provided.

 

RESOLVED that the following decisions of the Secretary of State and/or his inspector, in respect of the undermentioned Planning Appeals against the decisions of the Council, be noted:-

 

Application No.

Application Description & Location

Appeal Decision

Ward

Decision Type

Committee Overturn

21/00565/INJ

Appeal against alleged unauthorised change of use of green belt land for the creation of 4 caravan/mobile home plots under grounds A and G. at Land West Of, Peastack Lane, Tickhill, Doncaster

 

ENF- Appeal Dismissed, ENF Notice Upheld

 

04/10/2023

Tickhill And Wadworth

 

No

22/01034/FUL

Regularise the sale of caravans. at Bethel House, Moss Road, Moss, Doncaster

 

Appeal Dismissed

04/10/2023

Norton And Askern

Delegated

No

21/00321/M

Appeal against enforcement action for selling of caravans and display of advertisements under grounds (g) at Bethel House, Moss Road, Moss, Doncaster

 

ENF-App Dis/Upheld Sub to Correction/Var

04/10/2023

Norton And Askern

 

No

22/02432/FUL

Erection of a single dwelling including associated external works at Land Between 2 & 2B Devonshire Road, Intake, Doncaster, DN2 6LA

 

Appeal Dismissed

18/10/2023

Wheatley Hills And Intake

Delegated

No

22/02566/FUL

Erection of 2 shops with 2 flats above at 24 The Circle, New Rossington, Doncaster, DN11 0QR

 

Appeal Dismissed

10/10/2023

Rossington And Bawtry

Delegated

No

22/00043/FUL

Erection of two single storey terraced dwellings following demolition of existing outbuildings and conversion and extension of attached outbuilding to form third unit. at 4 St Marys Road, Wheatley, Doncaster, DN1 2NP

Appeal Dismissed

09/10/2023

Town

Delegated

No