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/18/00083/REM1 - CHE/18/00083/REM1 – VARIATION OF CONDITIONS 3,5,8,14,18,24,25,33 AND 45 OF CHE/16/00183/REM1 - DEMOLITION OF EXISTING BUILDINGS AND ERECTION OF A COMPREHENSIVE MIXED USE REGENERATION SCHEME COMPRISING RESIDENTIAL (USE CLASS C3); RETAIL (USE CLASS A1); FINANCIAL/PROFESSIONAL SERVICES (USE CLASS A2); RESTAURANTS, DRINKING ESTABLISHMENTS AND HOT FOOD ESTABLISHMENTS (USE CLASSES A3, A4 AND A5); OFFICES (USE CLASS B1); DOCTORS SURGERY AND CRECHE (USE CLASS D1); TWO HOTELS (USE CLASS C1); HEALTH AND FITNESS (USE CLASS D2); NURSING HOME (USE CLASS C2); ANCILLARY CREATIVE USES INCLUDING A POSSIBLE ARTS CENTRE, A NEW CANAL LINK, NEW OPEN SPACES INCLUDING LINEAR AND ECO PARKS, NEW PUBLIC REALM AND CAR PARKING ARRANGEMENTS INCLUDING TWO MULTI STOREY CAR PARKS AT LAND EAST OF THE A61 KNOWN AS CHESTERFIELD WATERSIDE, BRIMINGTON ROAD, TAPTON, DERBYSHIRE FOR CHESTERFIELD WATERSIDE LTD

 

In accordance with Minute No. 299 (2001/2002) Mr P Swallow (applicant) addressed the meeting.

 

That the officer recommendation be upheld and the conditions be varied as follows:-

 

3.  Outline consent is granted on the basis of the principles (with the exception of the Canal Arm) set out in the approved Indicative Masterplan (drawing no. CWD-BBA-Z0-ZZ-DR-01005 P02) and Design and Access Statement dated August 2009 and updated Design and Access Statement dated March 2016. All reserved matters applications shall demonstrate how any proposed development accords with this Indicative Masterplan, the Environmental Statement dated October 2009 and Environmental Statement Addendums dated March 2016 and February 2018) and Design and Access Statements dated August 2009 and March 2016.

 

5.  Before the development hereby permitted is commenced, a phasing plan shall be submitted to the Local Planning Authority for consideration, identifying the individual Character Areas and the location and programme for the provision of any infrastructure (with the exception of the Canal Arm) related to each Character Area. This shall include details of any infrastructure works to the Canal Basin and River Rother (with the exception of the Canal Arm) and the programme for the improvement of pedestrian/cycle routes through the site and how this will be addressed within the context of the requirements of the Design and Access Statement dated August 2009 and updated Design and Access Statement dated March 2016 and the approved Indicative Masterplan (drawing no. CWD-BBA-Z0-ZZ-DR-01005 P02). Only those details or any amended details approved by the Local Planning Authority shall be implemented on site.

 

8.  Prior to the commencement of development in any Character Area details of a public realm strategy detailing the approach to the design treatment/materials, hard and soft landscaping and the management of the public areas of the development shall be submitted to the Local Planning Authority for consideration. The public realm strategy shall have regard to the principles in the approved Design and Access Statement dated August 2009 and updated Design and Access Statement dated March 2016.

 

14.  No development shall take place within a Character Area or part thereof, until the developer has secured the implementation of a strategy of building recording for that development and if required based on the findings of the approved Environmental Statement dated October 2009 and Environmental Statement Addendum dated February 2018 a programme of archaeological watching brief to be carried out in accordance with a written scheme of investigation (WSI), details of which shall be submitted to the Local Planning Authority for consideration. This scheme shall include on-site work, and off-site work such as the analysis, publication and archiving of the results. Only those details or amended details approved by the Local Planning Authority shall be implemented on site

 

18. The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) dated May 2009 by White Young Green consultants as contained in Appendix 11.2 of the Environmental Statement dated October 2009 and Flood Risk Assessment Statement contained in Appendix 4A of the Environmental Statement Addendum dated February 2018.

The finished floor level of new buildings shall be set no lower than the 'Minimum Ground Floor Levels' as detailed in Appendix 11.2 in the submitted Environmental Statement dated October 2009.

 

24.  CONDITION DELETED

 

25.  Prior to the commencement of development in the following area, details of a scheme for the provision of fish passage around the weir at grid reference E438800 N372279 shall be submitted to the Local Planning Authority for consideration. Only those details or any amended details approved by the Local Planning Authority shall be implemented on site.

 

33.  Prior to the commencement of development within a Character Area or part thereof, a highway and access infrastructure staging plan highlighting the phasing of highways infrastructure for that Character Area or part thereof, shall be submitted to the Local Planning Authority for consideration in consultation with the Highway Authority and approval in writing . This plan will also highlight indicatively how the infrastructure relates to wider development as shown on the Indicative Masterplan reference (drawing no. CWD-BBA-ZO-ZZ-DR-01005 P02).

 

45.  The development hereby permitted shall be carried out in accordance with the following approved plans, unless otherwise approved in writing by the Local Planning Authority:

 

·        Site Plan Edged Red (MM001 Rev C)

·        Building Heights Parameters Plan (reference no. CWD-BBA-Z0-ZZ-DR-01006 P02)

·        Character Area Plan (drawing no. CWD-Z0-ZZ-DR-A-01008 P01)

·        3P6240/SK200/B Proposed Staging Master Plan

 

CHE/18/00079/OUT - OUTLINE APPLICATION FOR THE ERECTION OF THREE 2.5 STOREY HOUSES WITH ATTACHED GARAGES AND RAISED DRIVES AT LAND BETWEEN GEORGE STREET AND VICTORIA STREET NORTH, BROOMHILL ROAD, OLD WHITTINGTON, CHESTERFIELD, DERBYSHIRE FOR MR MICHAEL DAVIDSON

 

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

 

Time Limit etc

 

1.  Approval of the details of the scale and external appearance of the building(s) and the 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 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.

 

Drainage

 

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

 

5.  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.

 

Site Investigations/Contamination/Noise

 

6.  A.  Development shall not commence until details as specified in this condition have been submitted to the Local Planning Authority for consideration and those details, or any amendments to those details as may be required, have received the written approval of the Local Planning Authority.

 

I.   A desktop study/Phase 1 report documenting the previous land use history of the site.

 

II.  A site investigation/Phase 2 report where the previous use of the site indicates contaminative use(s). The site investigation/Phase 2 report shall document the ground conditions of the site. The site investigation shall establish the full extent, depth and cross-section, nature and composition of the contamination. Ground gas, groundwater and chemical analysis, identified as being appropriate by the desktop study, shall be carried out in accordance with current guidance using UKAS accredited methods. All technical data must be submitted to the Local Planning Authority.

 

III. A detailed scheme of remedial works should the investigation reveal the presence of ground gas or other contamination. The scheme shall include a Remediation Method Statement and Risk Assessment Strategy to avoid any risk arising when the site is developed or occupied.

 

B.  If, during remediation works any contamination is identified that has not been considered in the Remediation Method Statement, then additional remediation proposals for this material shall be submitted to the Local Planning Authority for written approval. Any approved proposals shall thereafter form part of the Remediation Method Statement.

 

C.  The development hereby approved shall not be occupied until a written Validation Report (pursuant to A II and A III only) has been submitted to and approved in writing by the Local Planning Authority. A Validation Report is required to confirm that all remedial works have been completed and validated in accordance with the agreed Remediation Method Statement.

 

7.  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.

 

Ecology

 

8.  Prior to the commencement of development details of ecological enhancement measures that shall include details of bird and bat boxes (positions/specification/numbers) shall be submitted to and approved in writing by the LPA. Replacement native tree planting should also be included, along with other ecologically beneficial landscaping. Such approved measures shall be implemented in full and maintained thereafter.

 

9.  No removal of vegetation that may be used by breeding birds shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of the vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.

 

10. No open trenches or holes should be left open overnight to ensure that mammals such as badger, fox or hedgehog are not trapped. If the holes or trenches cannot be back filled then a ramp should be installed to allow animals to escape.

 

Others

 

11. Concurrent with the first reserved matters submission the application shall be accompanied by a design statement which sets out how and where the development will incorporate electric vehicle charging facilities. Only those details which receive subsequent approval shall be implemented, as approved, and retained in perpetuity.

 

12. 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.

 

13. Within 2 months of commencement of development, unless otherwise agreed in writing by the Local Planning Authority, full details of hard and soft landscape works for the approved development shall be submitted to the Local Planning Authority for consideration. 

Hard landscaping includes proposed finished land levels or contours; means of enclosure; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.) retained historic landscape features and proposals for restoration, where relevant. These works shall be carried out as approved prior to the occupation of the dwelling. 

 

14. Before any operations are commenced, space shall be 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, designed, laid out and constructed all as may be agreed with the Local Planning Authority in advance of construction work commencing and maintained free from impediment throughout the duration of construction works.

 

15. At any reserved matters or full application stage, the applicant shall submit detailed drawings demonstrating the location of all vehicular accesses to Broomhill Road which should comprise of exit visibility sightlines of 2.4m x 47m, gradients of no more than 1 in 15 and the details of should include details of any retaining structures where they are to be located within 4m of the carriageway edge.  The approved scheme shall be implemented in full prior to any works commencing on site including site clearance.

 

16. At any reserved matters or full application stage, the applicant shall submit detailed drawings demonstrating the location of an appropriate level of on-site parking and turning clear of the public highway.  The approved scheme shall be implemented in full prior to occupation and retained thereafter free from impediment to designated use.

 

17. At any reserved matters or full application stage, the applicant shall submit detailed drawings demonstrating the location of adequate bin storage and a bin dwell area for use on refuse collection days, clear of the public highway, within the site curtilage clear of all access, parking and turning provision.  The approved scheme shall be implemented in full prior to occupation and retained thereafter free from impediment to designated use.

 

CHE/18/00012/OUT - OUTLINE APPLICATION FOR REDEVELOPMENT OF EXISTING SITE FOR ONE RESIDENTIAL UNIT (REVISED ON 08/02/18) - LAND AT MIDDLECROFT ROAD, STAVELEY, DERBYSHIRE FOR MR MATTHEW PASK

 

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

 

1.  Approval of the details of the 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.  Prior to commencement of the development, 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.  Unless otherwise approved in writing by the Local Planning Authority 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 1:00pm 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.  The detail to be provided at reserved matters application stage, shall include drawings showing the proposed new driveway and visibility splays of 2.4m x 43m over land the subject of the application/highway in both directions. The area in advance of the sightlines shall be maintained throughout the life of the development clear of any obstruction greater than 1m in height (0.6m in the case of vegetation) relative to adjoining nearside carriageway channel level.

 

8.  The proposed access driveway to Middlecroft Road shall be no steeper than 1 in 14 over its entire length. 

 

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. An Electric Vehicle Charging Point shall be installed as part of the build phase and which shall be retained available for use for the life of the development.

 

11. There shall be no gates or other barriers on the accesses/driveways. 

 

12. 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.

 

13. A.  Development shall not commence until details as specified in this condition have been submitted to the Local Planning Authority for consideration and those details, or any amendments to those details as may be required, have received the written approval of the Local Planning Authority.

 

I.   A desktop study/Phase 1 report documenting the previous land use history of the site.

 

II.  A site investigation/phase 2 report where the previous use of the site indicates contaminative use(s). The site investigation/phase 2 report shall document the ground conditions of the site. The site investigation shall establish the full extent, depth and cross-section, nature and composition of contamination. Ground gas, ground water and chemical analysis, identified as being appropriate desktop study, shall be carried out in accordance with current guidance using UKAS accredited methods. All technical data must be submitted to the Local Planning Authority.

 

III. A detailed scheme of remedial works should the investigation reveal the presence of ground gas or other contamination. The scheme shall include a Remediation Method Statement and Risk Assessment Strategy to avoid any risk arising when the site is developed or occupied.

 

B.  If, during remediation works any contamination is identified that has not been considered in the Remediation Method Statement, then additional remediation proposals for this material shall be submitted to the Local Planning Authority for written approval. Any approved proposals shall thereafter form part of the Remediation Method Statement.

 

C.  The development hereby approved shall not be occupied until a written Validation Report (pursuant to A II and A III only) has been submitted to and approved in writing by the Local Planning Authority. A Validation Report is required to confirm that all remedial works have been completed and validated in accordance with the agreed Remediation Method Statement.

 

14.  Development shall not commence until intrusive site investigations have been carried out by the developer to establish the exact situation regarding coal mining legacy issues on the site and approval for commencement of development given in writing by the Local Planning Authority. The investigation and conclusions shall include any remedial works and mitigation measures required/proposed for the stability of the site.  Only those details which receive the written approval of the Local Planning Authority shall be carried out on site.