Agenda and minutes

Apologies were received from Councillors Callan, Davenport, Elliot, Hill and Miles.

Councillors Barr, Catt, Caulfield and Simmons declared an interest in agenda item 4(2) (CHE/18/00411/FUL - Proposed artificial turf pitch and associated landscaping, boundary treatments, footpaths, fencing and lighting on the site of the former leisure centre within Queens Park (revised plans received on the 03/08/2018 and 07/08/2018) at Former Queens Park Sports Centre, Boythorpe Road, Boythorpe, Chesterfield, Derbyshire for Chesterfield Borough Council as they were members of the scrutiny project group which had contributed to the development of the project business case. 

RESOLVED -

That the Minutes of the meeting of the Planning Committee held on 6 August, 2018 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/18/00225/FUL - ERECTION OF 5 DETACHED DWELLINGS AND DEMOLITION OF REDUNDANT DUTCH BARN (COAL MINING RISK ASSESSMENT REC’D 11/05/2018 AND PRELIMINARY ECOLOGICAL APPRAISAL REC'D 08/07/2018) AT CHESTERFIELD CATTERY, CROW LANE, CHESTERFIELD, DERBYSHIRE S41 0EQ FOR D THOMAS AND K HEARN

In accordance with Minute No. 299 (2001/2002) Mr Kevin Hearn (applicant) and Ms Debbie Thomas (applicant) addressed the meeting.

That the officer recommendation be upheld and the application be refused subject to the following reasons:-

1.  The site the subject of the application is on land allocated under policy EVR2 of the 2006 Local Plan (a saved designation of the Chesterfield Local Plan: Core Strategy 2011 – 2031) as open countryside.  Policy CS10 of the Chesterfield Local Plan: Core Strategy 2011 – 2031 states that greenfield led housing development will not be accepted where the Local Planning Authority is able to demonstrate a 5 year housing land supply. 

On the basis that the Local Planning Authority is currently able to demonstrate a 5 year housing land supply the development would be contrary to the provisions of policy CS10 and EVR2 and the wider provisions of the National Planning Policy Framework 2018. 

2.  The site is situated in a rural location and having regard to its specific characteristics, under the provisions of Policy CS1, the new dwellings would not be within walking distance of a centre (the nearest being Chesterfield Town Centre, approximately 1.5km away, with a significant proportion via unlit roads without pavements).  On this basis the proposals fail to meet the provisions of Policy CS1 of the Chesterfield Local Plan: Core Strategy 2011 – 2031 and the wider provisions of the 2018 National Planning Policy Framework. 

CHE/17/00496/FUL - CONVERSION OF THE TRAVELLERS REST INTO 12 RESIDENTIAL APARTMENTS INCLUDING CONVERSION OF THE ATTACHED RETAIL UNIT LINKED TO THE ORIGINAL BUILDING, TOGETHER WITH A NEW THREE STOREY REAR EXTENSION AND NEW ROOF OVER THE EXISTING BUILDING TO INCORPORATE ADDITIONAL ROOMS WITHIN THE ROOF SPACE – AMENDED NOISE, ODOUR AND AIR QUALITY ASSESSMENT RECEIVED 29.05.2018, AMENDED PLANS RECEIVED 29.05.2018 AND 10.07.2018 AT THE TRAVELLERS REST , 425 SHEFFIELD ROAD, WHITTINGTON MOOR S41 8LT FOR MR SHRIMPTON

In accordance with Minute No. 299 (2001/2002) Mr Andrew Green of Spire Environmental Consultants (on behalf of applicants) addressed the meeting.

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

(A)  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 with the exception of any approved non material amendment.

3.  Before construction works commence or ordering of external materials takes place, precise specifications or samples of the materials to be used shall be submitted to the Local Planning Authority for consideration. Only those materials approved in writing by the Local Planning Authority  ...  view the full minutes text for item 42.

*The Chief Building Control Officer reported that pursuant to the authority delegated to him he had determined the under-mentioned plans under the Building Regulations:-

*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 felling and pruning of trees:-

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.

To move “That under Section 100(A)(4) of the Local Government Act, 1972 the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 6 of Part I of Schedule 12A of the Act.”

RESOLVED –

That under Section 100(A)(4) of the Local Government Act 1972 the public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 6 of Part 1 of Schedule 12A of the Act.

The Development Management and Conservation Manager submitted a report to provide an update on progress in relation to compliance with an Enforcement Notice concerning the unauthorised excavation of earth from the rear garden area of the residential dwelling at 10 Pottery Lane West, Chesterfield and to consider the need for any further action.

*RESOLVED –

1.   That the reinstatement of the land to former levels on the section of garden closest to the dwelling be accepted as the Enforcement Notice being complied with.

2.   That on the basis of the works undertaken to date on the rear section of the garden area further enforcement requiring the reinstatement of the land to former levels not be pursued.