Agenda and minutes

An apology for absence was received from Councillor Catt.

No declarations of interest were received.

RESOLVED -

That the Minutes of the meeting of the Planning Committee held on 9 October, 2017 be signed by the Chair as a true record.

*The Committee considered the under-mentioned applications in light of reports by the Development Management and Conservation Manager and resolved as follows:-

CHE/17/00209/FUL - PROPOSED - DEMOLITION OF EXISTING BUILDINGS AND STRUCTURES (SUNDAY SCHOOL BUILDING RETAINED); AND ERECTION OF A FOOD STORE AND CREATION OF NEW/ALTERATIONS TO EXISTING ACCESSES WITH ASSOCIATED PARKING, SERVICING AND LANDSCAPING (REVISED DETAILS RECEIVED ON 24/04/2017, 04/05/2017, 15/06/2017, 28/06/2017, 13/07/2017, 07/08/2017, 08/08/2017, 14/08/2017, 04/09/2017 AND 04/10/2017) AT PERRYS GROUP (FORD), CHATSWORTH ROAD, CHESTERFIELD, DERBYSHIRE, S40 2BJ FOR LIDL UK GMBH

In accordance with Minute No.299 (2001/2002) Mr A Meikle (objector), Ms L Hopkinson (objector) and Mr C Darley (agent of applicant), addressed the meeting.

That the officer recommendations be upheld and the application be approved subject to the following conditions:-

(A)  Time Limit etc

1.  The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2.  All external dimensions and elevational treatments shall be as shown on the approved plans (listed below) with the exception of any approved non material amendment.

-  Site Location Plan 1831 P401

-  Proposed Site Plan 1831 P409 REV F

-  Proposed Surfacing Plan 1831 P411 REV D

-  Proposed Boundary Treatments Plan 1831 P412 REV D

-  Landscape Details R-1972-2B

-  Landscape Masterplan R-1972-1B

-  Proposed Elevations 1831 P202

-  Proposed Floorplans 1831 P102

-  Design and Access Statement

-  Planning and Retail Statement

-  Ecology Report

-  Geo-environmental Appraisal and Additional Ground Reports

-  Flood Risk Assessment and Flood History

-  Transport Assessment and Travel Plan

-  Noise Impact Assessment

-  Drainage Strategy (revised 04/05/2017)

-  Heritage Statement

-  Tree Survey

-  Statement of Community Involvement

-  Archaeological Desk-Based Assessment (submitted   28/06/2017 and updated 08/08/2017)

-  Transport Assessment Addendum (submitted 01/08/2017)

-  Bat Surveys (submitted 14/08/2017)

-  S106 Pro-Rata Calculation – Highways

Drainage

3.  No development shall take place until a detailed design and associated management and maintenance plan of surface water drainage for the site, in accordance with DEFRA Non-statutory technical standards for sustainable drainage systems (March 2015), has been submitted to and approved in writing by the Local Planning Authority.  The approved drainage system shall be implemented in accordance with the approved detailed design prior to the use of the building commencing.

4.  No building or other obstruction including landscape features shall be located over or within 3.0 (three) metres either side of the centre line of the 100mm/150mm/225mm/450mm/525mm sewers i.e. a protected strip width of (6) metres, that traverse the site, and no building or other obstruction including landscape features shall be located over or within 4.0 (four) metres either side of the centre line of the 450mm sewer i.e. a protected strip width of (8) metres. If the required stand-off distance is to be achieved via diversion or closure of the sewer, the developer shall submit evidence to the Local Planning Authority that the diversion or closure has been agreed with the relevant statutory undertaker.

5.  No piped discharge of surface water from the application site shall  ...  view the full minutes text for item 74.

No report was submitted for consideration.

*The Development Management and Conservation Manager reported that pursuant to the authority delegated to him, he had determined the under-mentioned applications subject to the necessary conditions:-

*The Development Management and Conservation Manager reported that pursuant to the powers delegated to him he had determined the under-mentioned applications in respect of:-

The Development Management and Conservation Manager reported on the current position in respect of appeals which had been received.

*RESOLVED -

That the report be noted.

The Local Government and Regulatory Law Manager and the Development Management and Conservation Manager submitted a joint report on the current position regarding enforcement action which had been authorised by the Council.

*RESOLVED -

That the report be noted.

The Development Management and Conservation Manager submitted a report on a review of the Council’s agreed delegation scheme relating to application determination and planning committee procedures including public speaking and site visits.

The report set out the government approach and expectations to planning performance and decision making and included an analysis of planning decisions over the last three years along with comparisons with other Derbyshire authorities’ delegation schemes.

* RESOLVED

That it be recommended to the Cabinet Member for Economic Growth:

(1)         That the delegation scheme be amended to include the following addition for determination by the Planning Committee:  

‘Where a local MP makes a written or e-mail request for any application to be considered by planning committee.’

(2)     That the general reference to objectors in the existing scheme be amended as follows:

.

. (3)   That the delegation reference at P760D concerning EIA Development be changed to the Development Management & Conservation Manager and be updated to include the latest regulations as follows: 

in connection with any application for planning permission, to carry out any function of the Council as local planning authority under the TCP (Environmental Impact Assessment) Regulations 2017, including:

• determining whether any development is Environmental Impact Assessment development;

• requiring an Environmental Statement.

(4)     That the Planning Committee site visits guidance note and the Planning Committee procedures guidance note be amended as attached at Appendix A and B to the report.

The Development Management and Conservation Manager submitted a report to consider works undertaken in relation to the 2014 Stopping Up Order which closes and diverts the bridleway and footpaths crossing the Peak Resort site and the creation of new routes on the site perimeter and to consider the need for a further Diversion Order.

The report outlined work undertaken on the footpath and bridle path diversions undertaken since the Stopping Up and Diversion Order had been made in December 2014 and confirmed in 2015 and referred to counsel’s opinion on certification of the Stopping Up Order. The report also detailed issues in respect of the proposed further diversion of the bridle path route to Sheffield Road to enhance safe access.

* RESOLVED

(1)         That the Chesterfield Borough Council - The Peak Resort Site, Unstone, Chesterfield (Bridleway BW39 (Part) and Public Footpaths FP40, FP41, FP43, FP44, FP45, FP47 and FP178 (Part) Public Path Stopping Up Order 2014 be certified as being satisfactorily provided;

(2)         (a) That bridle route BR39 be diverted as described in the report, subject to agreement of the precise route being delegated to the Development Management and Conservation Manager, and subject to the carrying out of the statutory consultation exercise and;

(b) That any unresolved objections to the Order be considered by Planning Sub Committee and referred to the Secretary of State for a decision;

(c) If there are no unresolved objections to the Order that it be confirmed by the Local Government and Regulatory Law Manager.