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DCC supports refusal of planning permission

At today’s Regulatory Planning Committee members voted unanimously to accept the Planning Officers report and it’s recommendation to refuse Planning permission.

There was also a vote on the Head of Plannings recommendation for a full public enquiry for the appeal to be heard by HM Planning Inspectorate. This was also passed unanimously.

It was noted that, although Provectus attended the meeting, they chose not to speak in support of their application.

We must now wait for HM Planning Inspectorate to announce the date and format of the Planning appeal.

We’ll let you know as soon as we find out anything.

Planning Department Report Published

The Report of the Strategic Director – Economy, Transport and Communities was published on the Derbyshire County Council website this morning.

[Click here to read the full report]

We have had a quick read through it and make the following comments:

  • The report strongly recommends REFUSAL of planning permission
  • Most of the objections raised by Hilltop Action Group and local residents are upheld by the Strategic Director’s report.
  • The report will be presented to the Regulatory Planning Committee at 10am on Friday 17 March 2017 in the Council Chamber, County Hall, Matlock.
  • The following extracts from the report explain what will now happen:

Purpose of Report (Page 2)

To enable the Committee, on behalf of the County Council as Mineral Planning Authority (MPA), to express a view concerning the application, which may be referred to in submissions for the appeal application which the applicant has made under Section 78 of the Town and Country Planning Act 1990 against non-determination of the application.

Appeal Submission (Page 8)

In December 2016, the applicant, on the basis that the application had not been determined within the time allowed for under regulations, made an appeal submission to the Planning Inspectorate with a statement of case and supporting documents.

In a subsequent letter on behalf of the Council to the Inspectorate, the Inspectorate was asked to consider whether any appeal should proceed, since officers believed that, as a consequence of its October 2016 request for further information and Regulation 22, the Council at the time of the submission was unable to reach a determination of the application. However, a message of 3 March 2017 from the Inspectorate has indicated that the applicant does have a right to appeal at this time.

Consequently the the committee will not be making a final decision at this meeting. This will be determined by HM Planning Inspectorate at some future date.

More documents, more consultation!

Determination meeting some way off yet

During the last few months the Planning Authority have requested further information from Provectus and whilst waiting for them to respond progress stalled.

Provectus recently responded and the Planning Authority have now put up site notices announcing a further 3 week consultation period (ending 2 September 2016).

The request for further information covered:

  • matters relating to the need for the development with respects to the current market need for coal extraction and also the potential impacts that coal extraction may have in relation to attracting inward investment into Clay Cross and the subsequent delivery of the Clay Cross Regeneration Framework.
  • a Regulation 22 request covering matters relating to Flood Risk and potential impacts on Network Rail’s Assets.

The following are links to the new documents recently submitted by Provectus Remediation Ltd:

Application Document Supp 2016 07 28 Reg 22 Response

Application Document sup 2016 07 01 Hilltop Farm FRA Final Report

Application Document sup 2016 07 27 Further Info Letter 02 CM4-1215-125

Application Document sup 2016 06 29 Regeneration Response v2 02 CM4-1215-125

Application Document sup 2016 07 26 Network Rail – cons response CM4-1215-125

Hilltop Action Group will be submitting comments on these new documents in the next few weeks.