Agenda item

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

 

CHE/22/00828/FUL - ERECTION OF SINGLE STOREY ANNEX TO BE USED IN CONJUNCTION WITH EXISTING HOUSE (AMENDED PLANS AND DESCRIPTION) AT 277 HANDLEY ROAD, NEW WHITTINGTON, CHESTERFIELD, DERBYSHIRE, S43 2ES FOR MR AND MRS KNIGHT.

 

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

 

In accordance with Minute No. 299 (2001/2002) Mrs Phipps (objector) addressed the meeting.

 

In accordance with Minute No. 299 (2001/2002) Mr Fieldhouse (on behalf of the applicant) addressed the meeting.

 

*RESOLVED

 

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

 

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

 

2.  The development hereby approved shall only be carried out in full accordance with the approved plans (listed below) with the exception of any approved non-material amendment. All external dimensions and elevational treatments shall be as shown on the approved plan/s (listed below).

 

-  Drawing Titled ‘Proposed Elevations and Floor Plans’                                                                        (Published 28.03.2023)

 

3.  The self-contained accommodation hereby permitted shall only be occupied in connection with, and incidental to, the occupation of the adjoining dwelling known as 277 Handley Road, in that it shall:

 

-  Only be occupied by persons with a familial link or demonstrable  
relationship to the occupants of the main dwelling;

-  not be identified or addressed as a separate postal address;

-  not be occupied in the event the main dwelling is unoccupied;  and

-  not be occupied under any form of contract.

 

4.  Prior to the ordering of materials, details of the render, stone quoins, roof materials and windows & doors materials shall be submitted to and approved in writing by the Local Planning Authority. Only the materials agreed in writing shall be used at the application site.

 

5.  No construction works, movement of construction traffic, or deliveries to and from the premises, shall occur other than between 0800 and 1800 hours weekdays, and 0800 and 1300 hours on Saturdays, and at no time on Sundays or Public Holidays.

6.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or in any Statutory Instrument revoking or re-enacting that Order with or without modification) no buildings, structures, extensions, fences, gates, walls or other means of enclosure – other than those expressly authorised in this permission –  shall be erected within the curtilage of the dwelling without the prior written approval of the Local Planning Authority upon an application submitted to it.

 

7.  Prior to completion of the development hereby approved; 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. Details shall include:

 

a)  a scaled plan showing vegetation to be retained and trees and plants to be planted along with habitat/wildlife improvements:

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

c)  sufficient specification to ensure successful establishment and survival of new planting.

d)  details of biodiversity and ecological enhancement measures to be installed into the development on site.

 

Any new tree(s) that die(s), are/is removed, 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. Replacement planting shall be in accordance with the approved details (unless the Local Planning Authority gives its written consent to any variation). The ecological enhancement measures shall thereafter be retained and maintained throughout the life of the development.

 

CHE/23/00247/FUL - CHANGE OF USE TO CREATE A LARGER HOUSE IN MULTIPLE OCCUPATION, USE CLASS C4 TO SUI GENERIS AT 32 FAIRFIELD ROAD, BROCKWELL, CHESTERFIELD FOR MR R CUSIMANO

 

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

 

*RESOLVED

 

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

 

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

 

2.  The development hereby approved shall only be carried out in full accordance with the approved plans (listed below) with the exception of any approved non-material amendment. All external dimensions and elevational treatments shall be as shown on the approved plan/s (listed below):

-  Site location plan

-  Existing Floor plans

-  Proposed Floor plans

 

3.  Prior to occupation of the development hereby approved, on site facilities shall be provided within the curtilage of the site for the secure and weatherproof storage for 7 bicycles, in accordance with details to be submitted to and approved by the Local Planning Authority beforehand. Such facilities shall be maintained for use throughout the life of the development.

 

4.  Within 2 months of the occupation of the development hereby approved, biodiversity and ecological enhancement measures shall be installed/integrated into the development and / or planted on site in line with the advice at informative 2.  The ecological enhancement measures shall thereafter be retained and maintained throughout the life of the development.

 

CHE/21/00746/RET - RETROSPECTIVE CONSENT FOR CANOPY AND DECKING TO SIDE OF PREMISES FOR OUTSIDE DINING, INSTALLATION OF WOODEN POSTS ON FRONT BOUNDARY AND RETRACTABLE CANOPY TO FRONTAGE AT THE BIRDCAGE, 35 DERBY ROAD, CHESTERFIELD FOR THE BIRDCAGE

 

*RESOLVED

 

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

 

1.  The development hereby approved shall only be carried out in full accordance with the approved plans: Site Location Plan, Site Plan, Elevation Plans; with the exception of any approved non-material amendment.

 

2.  The outdoor area of the premises shall not be used for external seating in connection with the operation of the café before 8.00am and after 9.00pm Sunday to Thursday and before 8am and after 10pm on Friday and Saturday.

 

3.  The planting provided on site for biodiversity benefits shall be retained and maintained throughout the life of the development.

 

CHE/22/00422/FUL - CHANGE OF USE FROM TV REPAIR SHOP TO AUTO GARAGE AND SINGLE STOREY REAR EXTENSION AND COVERED AREA AT THE OLD STATION, STATION ROAD, OLD WHITTINGTON, CHESTERFIELD FOR MR B LALLI

 

*RESOLVED

 

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

 

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

 

2.  The development hereby approved shall only be carried out in full accordance with the approved plans: Site Location Plan, Revised Parking layout (11/04/23), Vehicle Tracking (04/05/23), Proposed Elevations (24/05/23), Lintel Details, Proposed Floor plans and Elevations (15/09/22); with the exception of any approved non-material amendment.

 

3.  Prior to the ordering of external materials taking place, precise specifications and /or samples of; all fenestration including the large door opening and its detailed junction with the brick coursing and header detail, brick for the external wall and all roofing materials to be used shall be submitted to and agreed in writing by the Local Planning Authority. 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.

 

4.  No part of the development hereby approved shall be occupied until space has been laid out within the site in accordance with the approved plan for cars to be parked, and for vehicles to turn so that they may enter and leave the site in forward gear. The 3 external parking spaces should be clearly marked out, with no parking in front of the access gate. This is in line with the submitted drawings for the parking layout plan (11/04/23) and vehicular tracking (04/05/23).

 

5.  The business shall be operated on an appointment only basis and there shall be no more than 2 staff present at the premises per day and 3 customers per day. No more than 3 customers’ vehicles shall be at the site at any one time.

 

6.  The premises shall not be used for the purposes authorised by this permission (including deliveries) other than between the following hours: 0800 to 1800 Monday to Friday, 0800 to 1300 on Saturdays and no opening on Sundays and Bank Holidays.

 

7.  Unless otherwise agreed by the Local Planning Authority construction work 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.

 

8.  The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) produced by RAB dated 19^th August 2022 and the following mitigation measures detailed within the FRA shall be implemented:

-  The finished floor level of the extension should be set no lower than the existing,

-  Implement a scheme of flood resilience within the extension (and to the existing building as far as possible) in line with recommendations given in Section 4.1.3,

-  The site manager should register to receive Environment Agency Flood Alert provide useful information about local flood conditions as outlined in Section 4.2.2.

-  Review the use of small retrofit SuDS components when making any modification to the existing surface water drainage scheme (refer to Section 4.3.2).

-  Construction (Design and Management) Regulations 2015

The revised CDM Regulations came into force in April 2015 to update certain duties on all parties involved in a construction project, including those promoting the development. One of the Designer’s responsibilities is to ensure that the Client organisation, in this instance Sukhbinder Singh Lalli, is made aware of their duties under the CDM Regulations.

 

9.  The Solid Masonry Wall insulation details submitted 22.02.2023 and the email content from the agent dated 15.09.2022 noting the 225mm masonry wall and 50mm gap from the party wall, shall all be fully installed along the length and sull internal height of the existing and proposed south eastern party wall prior to the occupation of the premises.

 

10.  Notwithstanding the provisions of the Town and Country Planning (Uses Classes) Order 1987, (or any Order revoking or re-enacting that Order with or without modifications), this permission shall relate solely to the use of the land and buildings for a car repair garage within Use Class B2 and for no other purpose, including any other activity within the same class of the schedule to that Order.

 

11.  The development shall be competed in accordance with the mitigation strategy and conclusions of the Coal Mining Risk Assessment by Envirosolution dated 11.11.2022.