57 homes at Land To The North Of Jacksons Ley, Middleton By Wirksworth

What was proposed

The application sought 57 homes with access, landscaping, drainage, affordable housing and a children’s play area.

“The application has previously been referred to Planning Committee and on 14 November 2023 members resolved to give officers delegated authority to approve the application subject to completion of a legal agreement to secure planning obligations. The S106 was intended to secure 17 affordable homes (including 5 first homes), a contribution of £51,300 for healthcare, a contribution of £8,327.70 for parks and gardens and a contribution of £3,368.70 for allotments.”

“MATERIAL PLANNING ISSUES • Whether residential development on this site is acceptable in principle • Impact on cultural heritage • Landscape impact and impact upon the character and appearance of the area • Transport and impact on highway safety • Impact upon the amenity of neighbouring properties • Sustainable building and climate change • Flood risk and drainage • Impact on trees and biodiversity • Affordable housing, housing mix and developer contributions…”

Officer report

The site and surroundings

The site included land within and outside the settlement boundary, alongside Jacksons Ley and partly within the conservation area.

“This site straddles the settlement boundary for Middleton-by-Wirksworth. The western most part of the site is allocated for residential development in the adopted Derbyshire Dales Local Plan (2017) with an allocation of 45 dwellings and is located within the designated Middleton-by-Wirksworth Conservation Area. The southern and easternmost part of the site is not allocated for housing.”

“The site is within an area known as Rise End which is a hamlet of dwellings and other premises centred around the cross-roads at the southern end of Middleton. The site surrounds the recent residential development known as ‘Jacksons Ley’ on two sides. Jacksons Ley was a former industrial site re-developed to 47 dwellings following the grant of outline planning permission at appeal.”

Officer report

What officers recommended

Officers recommended refusal because the required legal agreement had stalled, leaving affordable homes and infrastructure contributions unsecured.

“Collectively the planning obligations which were being sought helped to mitigate the impact of the 57 dwellings. Without the legal agreement no affordable homes will be provided and the financial contributions towards health care, parks and gardens and allotments would be lost. This makes the development unacceptable in planning terms and contrary to the development plan.”

Officer report

Who spoke

Two local residents spoke against the application, after the development management team leader presented the proposal and the committee visited the site.

The committee vote

Councillor Peter Slack moved refusal, Councillor Stuart Lees seconded it, and the committee agreed unanimously.

“It was moved by Councillor Peter Slack, seconded by Councillor Stuart Lees and…”

Minutes

The decision and reason

Planning permission was refused because no completed legal mechanism secured affordable housing, healthcare, parks, gardens and allotments.

“That planning permission be refused for the following reasons:”

“In the absence of a completed legal mechanism to secure adequate provision for affordable housing, health care, parks and garden and allotments, the proposal is contrary to Policies S10, HC4 and HC14 of the Derbyshire Dales Local Plan, and the Derbyshire Dales Developer Contributions Supplementary Planning Document.”

Minutes