Agenda item

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

 

CHE/16/00567/OUT - OUTLINE APPLICATION FOR THE DEVELOPMENT OF THREE NEW TOWN HOUSES, UPDATED COAL MINING RISK ASSESSMENT RECEIVED 10.01.18, AT ADJACENT TO 46 FLINTSON AVENUE, NEW WHITTINGTON, CHESTERFIELD, DERBYSHIRE FOR STONEWALL DEVELOPMENTS LTD

 

In accordance with Minute No.299 (2001/2002) Mr Timms (objector), addressed the meeting.

 

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

 

1.    Approval of the details of the access, scale, layout, external appearance and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

 

2.    Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

3.    The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

 

4.    Details of the existing and proposed land levels and the proposed floor levels of the dwellings hereby approved shall be submitted in writing concurrently with any application for the reserved matters being submitted to the Local Planning Authority for consideration.  The details submitted shall include sufficient cross sections to fully assess the relationship between the proposed levels and immediately adjacent land/dwellings.  The dwellings shall be constructed at the levels approved under this condition unless otherwise agreed, in writing, by the Local Planning Authority.

 

5.    Before construction works commence or ordering of external materials takes place, precise specifications or samples of the walling and roofing 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 shall be used as part of the development unless otherwise agreed by the Local Planning Authority in writing.

 

6.    Demolition, remediation or construction work to implement the permission hereby granted shall only be carried out on site between 8:00am and 6:00pm Monday to Friday, 9:00am to 5:00pm on a Saturday and no work on a Sunday or Public Holiday.  The term "work" will also apply to the operation of plant, machinery and equipment.

 

7.    Before any other operations are commenced, a new vehicular and pedestrian access shall be formed to Flintson Avenue, located, designed, laid out, constructed and provided with visibility splays of 2.4m x maximum achievable over land the subject of the application and/or highway in both directions, all as agreed in writing with the Local Planning Authority, the area in advance of the sightlines being maintained throughout the life of the development clear of any object greater than 1m in height (0.6m in the case of vegetation) relative to adjoining nearside carriageway channel level.

 

8.    The premises, the subject of the application, shall not be occupied until space has been provided within the site curtilage for the parking of vehicles, located, designed, laid out and constructed all as agreed in writing with the Local Planning Authority and maintained throughout the life of the development free from any impediment to its designated use.

 

9.    No development shall take place until details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved in writing by The Local Planning Authority.

 

10.    Prior to the submission of the reserved matters, site investigation works shall be undertaken in order to establish the exact situation regarding coal mining legacy issues on the site. Details of the site investigation works shall be submitted to and approved in writing by The Local Planning Authority. The details shall include;

 

•   The submission of a scheme of intrusive site investigations for the mine entries (adits) and shallow coal workings for approval;

 

•       The undertaking of both of these schemes of intrusive site investigations;

 

•       As part of the reserved matters application the submission of a report of findings arising from both of the intrusive site investigations;

 

•       As part of the reserved matters application the submission of a layout plan which identifies the location of the adits, if found to be present on the site, and how these relate to the development layout;

 

•       As part of the reserved matters application the submission of a scheme of treatment for the mine entries on site for approval;

 

•       As part of the reserved matters the submission of a scheme of remedial works for approval; and

 

•       Implementation of those remedial works prior to the commencement of development.

 

11.    Electric vehicle charging points shall be installed as part of the build phase and which shall be retained available for use for the life of the development.

 

CHE/17/00189/FUL - PROPOSED ERECTION OF ONE 3 NO. BEDROOM BUNGALOW AND THREE 2 NO. BEDROOM DWELLINGS ON LAND ADJACENT TO 31 MANOR DRIVE, BRIMINGTON, CHESTERFIELD, DERBYSHIRE FOR CHESTERFIELD BOROUGH COUNCIL

 

In accordance with Minute No.299 (2001/2002) Councillor P Gilby

(ward member), addressed the meeting.

 

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

 

(A)

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

 

02.  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.

        7477 05 - Site Location Plan, Proposed Block Plan and Bungalow Elevations / Floorplans

        7477 06 - Proposed Town House Elevations / Floorplans

 

03.  The site shall be developed with separate systems of drainage for foul and surface water on and off site.

 

04.  No development shall take place until details of the proposed means of disposal of surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved by the local planning authority.  Furthermore, unless otherwise approved in writing by the local planning authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works.

 

05.  Construction work shall only be carried out on site between 8:00am and 6:00pm Monday to Friday, 9:00am to 5:00pm on a Saturday and no work on a Sunday or Public Holiday.  The term "work" will also apply to the operation of plant, machinery and equipment.

 

06.  Before construction works commence or ordering of external materials takes place, precise specifications or samples of the walling and roofing 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 shall be used as part of the development unless otherwise agreed by the Local Planning Authority in writing.

 

07. No development shall take place until space is provided within the site curtilage, for site accommodation, storage of plant and materials, parking and manoeuvring of site operative's and visitor's vehicles together with the loading/unloading and manoeuvring of goods vehicles. The space shall be constructed and laid out to enable vehicles to enter and leave the site in a forward gear, in surface materials suitable for use in inclement weather and maintained free from impediment throughout the duration of construction works.

 

08. Before any other operations are commenced a new access and replacement off-street parking for 31 Manor Drive shall be laid out and constructed in accordance with the approved drawings, the parking area maintained clear from any obstruction to its designated use for the life of the development.

 

09. Before any other operations are commenced, excluding Conditions 8 and 9 above, the existing vehicular and pedestrian access to Manor Drive shall be modified in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority.

 

10. The premises, the subject of the application, shall not be occupied until space has been provided within the application site in accordance with the approved application drawings for the parking/ loading and unloading/ manoeuvring of residents/ visitors/ service and delivery vehicles, laid out, surfaced and maintained throughout the life of the development free from any impediment to its designated use.

 

11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and/or re-enacting that Order) the car parking spaces hereby permitted shall be retained as such and shall not be used for any purpose other than the parking of private motor vehicles associated with the residential occupation of the property without the grant of further specific planning permission from the Local Planning Authority.

 

12. There shall be no gates or other barriers within 6.0m of the nearside highway boundary and any gates shall open inwards only, unless otherwise agreed in writing by the Local Planning Authority.

 

13. No part of the development shall be occupied until details of arrangements for storage of bins and collection of waste have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the agreed details and the facilities retained for the designated purposes at all times thereafter.

 

14. Notwithstanding the provision of the Town and Country Planning (General Permitted) Development Order 1995 (as amended) there shall be no extensions outbuildings or garages constructed (other than garden sheds or greenhouses of a volume less than 10 cubic metre) or additional windows erected or installed at or in the dwelling hereby approved without the prior written agreement of the Local Planning Authority.

 

15. The entire length of the shared driveway and turning area located in advance of the 3 no. new dwellings and adjacent to No 31 Manor Drive shall not be used for the parking of vehicles and shall in perpetuity be kept clear at all times free from any impediment to its designated use as access to the designated parking spaces provided at each dwelling and associated turning area.

 

16. If during development contamination not previously identified is found to be present at the site then not further development (unless otherwise agreed in writing by the Local Planning Authority) shall be carried out until the developer has submitted a remediation strategy to the Local Planning Authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the Local Planning Authority. The remediation strategy shall be implanted as approved.

 

17.  Electric vehicle charging points shall be installed as part of the build phase and which shall be retained available for use for the life of the development.

(B) That a CIL Liability Notice be served for £15,550, as per section 5.7.2 of the officer’s report.