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/18/00605/FUL - REFURBISH AND EXTEND EXISTING PROPERTY AND CHANGE USE TO RESIDENTIAL CARE HOME FACILITY AND DEMOLITION OF EXISTING ANCILLARY BUILDING TO THE REAR AND ERECTION OF THREE STOREY BUILDING TO CREATE ASSISTED LIVING FACILITY (REVISED PLANS RECEIVED 05/11/2018, 16/11/2018 AND 22/11/2018) AT 6 ASHGATE ROAD, ASHGATE, CHESTERFIELD, DERBYSHIRE S40 4AA FOR WILLIAM MAY DEVELOPMENTS LTD

 

In accordance with Minute No. 299 (2001/2002) Simon Redding (objector), Lisa Hopkinson (objector), Steve Sansom (objector), Sean Lammiman (the applicant’s architectural consultant) and Dr Ivan Bakaltchev (applicant) addressed the meeting. As agreed prior to the meeting, the three parties speaking against, and the two parties in support, of the application had the same total amount of time to address the meeting (9 minutes).

 

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.

 

WM/AR/LP1 – Site Location Plan

WM/AR/6EX – Existing Plans

WM/AR/SL1 Rev D – Proposed Site Layout (rec’d 22/11/2018)

WM/AR/AL1 Rev B – Proposed Assisted Living Elevations & Floor Plans (rec’d 22/11/2018)

WM/AR/CH1 Rev B – Proposed Care Home Elevations & Plans (rec’d 16/11/2018)

WM/AR/LEV Rev A – Proposed Site Sections (rec’d 22/11/2018)

Design and Access Statement by Carlton Design Architecture Ltd

Asbestos Management Survey by Environmental Essentials Ltd dated August 2016.

Asbestos Management Report by Environmental Essentials Ltd dated January 2017.

Demolition Method Statement by WMD Limited dated July 2018

Sustainability Statement by Carlton Design Architecture Ltd

Ecological Appraisal by Encon Associates dated July 2017

Bat Survey Report by Encon Associates dated September 2017

Desk Study Report by Nicholls Colton Geotechnical dated October 2014.

Geoenvironmental Appraisal by iD GeoEnvironmental Consulting Engineers dated April 2017

Aspire Health Care Introductions

 

Drainage

 

3.  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.

 

If discharge to public sewer is proposed, the information shall include, but not be exclusive to:-

 

a) evidence to demonstrate that surface water disposal via infiltration or watercourse are not reasonably practical;

 

b) evidence of existing positive drainage to public sewer and the current points of connection; and

 

c) the means of restricting the discharge to public sewer to the existing rate less a minimum 30% reduction, based on the existing peak discharge rate during a 1 in 1 year storm event, to allow for climate change.

 

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.

           

Land Condition

 

4.  Development shall not commence until a scheme of site remedial works (informed by the Desk Study Report dated October 2014 and prepared by Nicholls Colton Geotechnical and a Geoenvironmental Appraisal, dated April 2017 and prepared by iD GeoEnvironmental) have been submitted to and approved in writing by the Local Planning Authority. Only those details which receive the written approval of the Local Planning Authority shall be carried out on site.

 

Highways

 

5.  Before any other operations are commenced space shall be provided within the site for storage of plant and materials, site accommodation, loading, unloading and manoeuvring of goods vehicles, parking and manoeuvring of employees and visitors vehicles, laid out and constructed in accordance with detailed designs first submitted to and approved in writing by the Local Planning Authority.  Once implemented the facilities shall be retained free from any impediment to their designated use throughout the construction period.

 

6.  The premises, the subject of the application, shall not be occupied/ taken into use until the site access/exit has been modified in accordance with the revised and approved application drawings to be provided with exit visibility sightlines of 2.4m x 47m to the nearside carriageway channel in each direction and all areas in advance of the sightlines being over controlled land/existing highway and maintained clear of any obstructions greater than 1.0m in height (600mm in the case of vegetation) relative to the same channel level.

 

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

 

Hours

 

8.  Construction work (inc. demolition works) 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.

 

Local Labour

 

9.  Prior to development commencing an Employment and Training Scheme shall be submitted to the Local Planning Authority for consideration and written approval. The Scheme shall include a strategy to promote local supply chain, employment and training opportunities throughout the construction of the development.

 

Ecology and Trees

 

10. Prior to the installation of any external lighting a detailed lighting strategy shall be submitted to and approved in writing by the LPA. Such approved measures must be implemented in full and maintained thereafter. 

 

This is to ensure that a sensitive lighting strategy is designed in line with guidance within Paragraph 180 of the NPPF.

 

11. Prior to the commencement of development a biodiversity enhancement strategy that includes the provision of integral bird and bat boxes within the building and native landscaping (based on Section 5.4 of the ecology report (July 2018) should be submitted to and approved in writing by the Council. Such approved measures should be implemented in full.

 

12. Prior to completion or first occupation of the development hereby approved, whichever is the sooner; details of treatment of all parts on the site not covered by buildings shall be submitted to and approved in writing by the Local Planning Authority. The site shall be landscaped strictly in accordance with the approved details in the first planting season after completion or first occupation of the development, whichever is the sooner. Details shall include:

 

a) a scaled plan showing plants to be planted

 

b) a schedule detailing sizes and numbers of all proposed trees/plants

 

c) sufficient specification to ensure successful establishment and survival of new planting. Unless required by a separate landscape management condition, all soft landscaping shall have a written five year maintenance programme following planting. Any new tree(s) or plants that die(s), are/is removed or become(s) severely damaged or diseased shall be replaced and any new planting (other than trees) which dies, is removed, becomes severely damaged or diseased within five years of planting shall be replaced. Unless further specific permission has been given by the Local Planning Authority, replacement planting shall be in accordance with the approved details.

 

Other

 

13. 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.

 

14.  Within 3 years of commencement of development the applicant shall submit a 'Percent For Art' scheme which details the commissioning and provision of public art on the application site or on the adjacent site (also in the applicants ownership). The scheme shall include the renovation and rebuilding of the feature entrance / archway of the former Goldwell Rooms / Drill Hall; or as an alternative the developer shall propose a commuted sum to be paid / pooled by the Local Planning Authority for an alternative scheme off site if the former is found to be unviable. Only the approved piece of public art shall be installed in accordance with the approved scheme and an approved timescale agreed in writing by the Local Planning Authority. The approved artwork installed shall be retained in situ as such for the life of the development associated therewith.

 

Councillor Callan left the meeting at this point.

 

CHE/18/00606/MA - MATERIAL AMENDMENT TO PREVIOUSLY APPROVED APPLICATION CHE/15/00442/FUL TO INCORPORATE CHANGES TO THE DESIGN (APPROVED PLANS - CONDITION 2) - SITE OF THE FORMER POOLSBROOK HOTEL, STAVELEY ROAD, POOLSBROOK, DERBYSHIRE S43 3LF FOR NOBLE D AND B LTD

 

In accordance with Minute No. 299 (2001/2002) Daniel Collins (architect for applicant) and Chris Clarke (applicant) were present to answer questions from the committee.

 

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

 

1.  All external dimensions and elevational treatments shall be as shown on the approved plans, with the exception of any approved non material amendment.

 

CHE/17/00385/OUT - OUTLINE APPLICATION FOR 50 APARTMENTS AT FORMER STAGECOACH LTD, SHEFFIELD ROAD, STONEGRAVELS, CHESTERFIELD, DERBYSHIRE S41 7JN FOR CAPLAND PROPERTIES LIMITED

 

In accordance with Minute No. 299 (2001/2002) Matt Davies (objector) and Jim Lomas (agent of applicant) addressed the meeting.

 

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

 

A.  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.  The reserved matters details shall include existing and proposed land levels and the proposed floor levels of the dwellings hereby approved together with sufficient cross sections to fully assess the relationship between the proposed levels and immediately adjacent land/dwellings. The dwelling shall be constructed at the levels approved under this condition unless otherwise agreed, in writing, by the Local Planning Authority.

 

5.  As part of the reserved matters submission, 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.  As part of the reserved matters submission a Biodiversity Enhancement Strategy shall be submitted to and approved in writing by the Local Planning Authority to achieve a net gain in biodiversity in accordance with the NPPF 2018. Such approved measures should be implemented in full and maintained thereafter. Measures shall include:

 

·        details of bird and/or bat boxes will be clearly shown on a plan (positions/specification/numbers).

 

·        hedgehog connectivity measures will be clearly shown on a plan, such as small fencing gaps (130 mm x 130 mm), railings or hedgerows.

 

·        summary of ecologically beneficial landscaping, contributing to local green infrastructure (full details to be provided in Landscape Plans).         

 

7.  As part of the reserved matters submission an Employment and Training Scheme shall be submitted to the Local Planning Authority for consideration and written approval. The Scheme shall include a strategy to promote local supply chain, employment and training opportunities throughout the construction of the development and the agreed scheme shall be implemented as part of the development hereby agreed.

 

8.  As part of the reserved matters submission a Demolition and Construction Management Plan shall be submitted to the Local Planning Authority for consideration and written approval. The Plan shall include measures to mitigate the impacts of the works on noise, dust and pollution.

 

9.  Demolition and 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.

 

10. As part of the reserved matters submission details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, shall be submitted to and approved in writing by The Local Planning Authority.

 

11. As part of the reserved matters submission a temporary access for construction purposes shall be provided in accordance with a detailed design submitted to and approved in writing by the Local Planning Authority. The access shall be retained in accordance with the approved scheme throughout the construction period, or such other period of time as may be agreed in writing by the Local Planning Authority, free from any impediment to its designated use.

 

12. Before any other operations are commenced, excluding construction of the temporary access referred, space shall be provided within the site for storage of plant and materials, site accommodation, loading, unloading and manoeuvring of goods vehicles, parking and manoeuvring of employees and visitors vehicles, laid out and constructed in accordance with detailed designs first submitted to and approved in writing by the Local Planning Authority. Once implemented the facilities shall be retained free from any impediment to their designated use throughout the construction period.

 

13. Notwithstanding the submitted information a subsequent reserved matters or full application shall include design of the internal layout of the site in accordance with the guidance contained in the 6 C’s Highways document.

 

14. As part of the reserved matters submission construction details of the residential estate road(s) and footway(s) (including layout, levels, gradients, surfacing and means of surface water drainage) shall be submitted to and approved in writing by the Local Planning Authority.

 

15. The carriageway(s) of the proposed estate road(s) shall be constructed in accordance with Condition 14 above up to and including at least road base level, prior to the commencement of the erection of any dwelling intended to take access from that road(s). The carriageways and footways shall be constructed up to and including base course surfacing to ensure that each dwelling prior to occupation has a properly consolidated and surfaced carriageway and footway, between the dwelling and the existing highway. Until final surfacing is completed, the footway base course shall be provided in a manner to avoid any upstands to gullies, covers, kerbs or other such obstructions within or abutting the footway. The carriageways, footways and footpaths in front of each dwelling shall be completed with final surface course within twelve months (or three months in the case of a shared surface road) from the occupation of such dwelling, unless otherwise agreed in writing by the Local Planning Authority.

 

16. Before any other operations are commenced a new vehicular junction shall be formed to Sheffield Road and provided with visibility sightlines extending from a point 2.4 metres from the carriageway edge, measured along the centreline of the access, for a distance of 43 metres in both directions measured along the nearside carriageway. The area in advance of the visibility sightlines shall be retained throughout the life of the development free of any object greater than 1m in height (0.6m in the case of vegetation) above ground level.

 

17. No dwelling shall be occupied until space has been laid out within the site in accordance with details submitted and agreed under a reserved or full matters application for cars to be parked and for the loading and unloading of vehicles and for vehicles to turn so that they may enter and leave the site in forward gear.

 

18. 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.

 

19. As part of the reserved matters submission details shall be submitted to and approved in writing by the Local Planning Authority showing the means to prevent the discharge of water from the development onto the highway. The approved scheme shall be undertaken and completed prior to the first use of the access and retained as such thereafter.

 

20. Prior to first occupation details of the proposed arrangements for future management and maintenance of the proposed streets within the development have been submitted to and approved by the local planning authority. The streets shall thereafter be maintained in accordance with the approved management and maintenance details until such time as an agreement has been entered into under section 38 of the Highways Act 1980 or a private management and Maintenance Company has been established.

 

21. No development shall take place until site investigation works have been 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 as part of the reserved matters submission. The details shall include;

 

·        The submission of a scheme of intrusive site investigations for approval;

 

·        The undertaking of that scheme of intrusive site investigations;

 

·        The submission of a report of findings arising from the intrusive site investigations;

 

·        The submission of a scheme of remedial works for approval; and

 

·        Implementation of those remedial works.

 

22. The development hereby approved shall include the provision of appropriate infrastructure to enable the dwellings to have high speed broadband, in accordance with details to be submitted to, and approved in writing, by the Local Planning Authority. 

 

23. The residential accommodation hereby permitted shall not be occupied unless a scheme of sound insulation works has been installed and thereafter retained. Such scheme of works shall: a) Be based on the findings of the approved noise survey of the application site, b) Be capable of achieving the following noise levels: Bedrooms: Noise Rating Curve NR25 (2300 to 0700 hours); Living Rooms & Bedrooms: Noise Rating Curve NR30 (0700 to 2300 hours); Other Habitable Rooms: Noise Rating Curve NR35 (0700 to 2300 hours); Bedrooms: LAFmax 45dB (2300 to 0700 hours). c) Where the above noise criteria cannot be achieved with windows partially open, include a system of alternative acoustically treated ventilation to all habitable rooms. Before the scheme of sound insulation works is installed full details thereof shall first have been submitted to and approved in writing by the Local Planning Authority. [Noise Rating Curves should be measured as an LZeq at octave band centre frequencies 31.5 Hz to 8 kHz.]  

 

24. Before the use of the residential accommodation is commenced, Validation Testing of the sound attenuation works shall have been carried out and the results submitted to and approved by the Local Planning Authority. Such Validation Testing shall: a) Be carried out in accordance with an approved method statement. b) Demonstrate that the specified noise levels have been achieved. In the event that the specified noise levels have not been achieved then, notwithstanding the sound attenuation works thus far approved, a further scheme of sound attenuation works capable of achieving the specified noise levels and recommended by an acoustic consultant shall be submitted to and approved by the Local Planning Authority before the use of the development is commenced.  Such further scheme of works shall be installed as approved in writing by the Local Planning Authority before the use is commenced and shall thereafter be retained.   

 

25. No development approved by this planning permission shall commence until a remediation strategy to deal with the risks associated with contamination of the site has been submitted to, and approved in writing by, the Local Planning Authority. This strategy will include the following components:

 

1.  A preliminary risk assessment which has identified:

 

·        all previous uses;

 

·        potential contaminants associated with those uses;

 

·        a conceptual model of the site indicating sources, pathways and receptors; and

 

·        potentially unacceptable risks arising from contamination at the site.

 

2.  A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

 

3.  The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

 

4.  A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. We confirm receiving a desk study report prepared by Structural Soils Limited and dated 2007. It is recommended that the report is updated and rewritten to incorporate any changes which occurred since the report was issued.

 

Any changes to these components require the written consent of the local planning authority. The scheme shall be implemented as approved.

 

26. Prior to any part of the permitted development being brought into use a verification report demonstrating the completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to, and approved in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

 

27. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The remediation strategy shall be implemented as approved.

 

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

 

29. As part of the reserved matters details of the proposed means of disposal of surface water drainage, including but not exclusive to:-

 

a) evidence to demonstrate that surface water disposal via infiltration or watercourse are not reasonably practical ; and c) the means of restricting the discharge to public sewer to rate to be agreed with relevant authority(ies) 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.

 

30. A residential sprinkler system complying with the current UK or European standard shall be installed as part of the build phase.

 

31. 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.

 

B.  That a Section 106 Agreement be negotiated to secure:

 

·        10% affordable housing.

·        Percent for Art.

·        Contribution to CCG of £15,977.