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.
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.
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.
A very good article in this weeks Derbyshire Times by Councillor Ted Mansbridge, chair of Clay Cross Parish Council’s planning and environmental working group.
He warns that regeneration work in Clay Cross is being threatened by the bid for opencast coal mining on the Hilltop site.
Bryn Hopkinson, Provectus’s project co-ordinator for the Hilltop development, trots out his usual nonsense about how there cannot possibly be any negative environmental impacts to harm local residents and the fantastic community benefits.
Read more: Derbyshire Times article
We still don’t know when the Planning Meeting will be, but Monday 9 May still seems very likely. We should find out on either Friday 29 April or Tuesday 3 May. We’ll let you know either way as soon as we’re sure.
No decision this month
The April DCC Planning Committee Meeting has now passed and the Hilltop application was not dealt with. As the application should be dealt with within 16 weeks, the next meeting on Monday 9 May 2016 seems the likely date for a decision.
More problems for Provectus
An objection has been submitted on behalf of the owners of the Incomol yard. Provectus say in their application that this will be their access to the site – off the new roundabout being installed by St Modwen. The objection says that no consultation has taken place between the site’s owner and Provectus regarding this access and they see no reason to agree to such a proposal.
The letter states ‘…it is my client’s opinion that certain detail contained in the Application, … , could be misleading to the Planning Authority and may not be a deliverable part of the proposed project.’
It looks as though the are going to have problems getting on and off the site!
The DCC Flood Risk Management Team have also raised a number of concerns about the scheme including:
- an ongoing flooding issue located in the northern part of the proposed development boundary
- the watercourse (that we identified) located in the centre of the site that has been ignored by Provectus despite it running through the proposed coal processing area.
As soon as we know whether the Hilltop Application is on the agenda for the next meeting we will announce it on this website. At that time we will also have seen the Planning Officers report and will know what their recommendations are.