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/23/00731/FUL - SPECIALIST CARE HOME WITH ASSOCIATED ACCESS, LANDSCAPING, PARKING AND ASSOCIATED WORKS ON LAND OFF HARTFIELD CLOSE, HASLAND, CHESTERFIELD FOR CAIRNWELL DEVELOPMENTS

 

In accordance with Minute No. 299 (2001/2002) Ms Katya Zafiris (objector) addressed the meeting.

 

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

 

In accordance with Minute No. 299 (2001/2002) Councillor Amanda Sergeant (Ward Member) addressed the meeting.

 

In accordance with Minute No. 299 (2001/2002) Mr Matthew Stocks of WSP Planning Consultancy (applicant’s agent) addressed the meeting.

 

*RESOLVED

 

That the officer recommendation not be upheld and the application be refused for the following reason:

 

The proposed development would in the opinion of the Local Planning Authority result in additional traffic disruption on Hartfield Close which is considered to be severely restricted and which would result in serious public and traffic safety issues both during construction and in connection with the operation of the proposed care home. Further the level of onsite parking proposed is considered to be inadequate for the development. As such the proposal is considered to be an unacceptable form of development which would conflict with policies CLP14, CLP20 and CLP22 of the adopted Chesterfield Borough Local Plan 2018-2035 and with part 9 of the NPPF 2023.

 

CHE/23/00786/FUL - RENOVATION AND EXTENSION TO 25 OLD ROAD AND DEMOLITION OF 27 OLD ROAD AT 25-27 OLD ROAD, CHESTERFIELD FOR HERRING INVESTMENT LTD

 

Councillor Brittain was unable to attend the site visit for this application therefore he did not take part in the consideration of this application at the committee meeting.

 

In accordance with Minute No. 299 (2001/2002) Mr Ron Mihaly (County Councillor for Boythorpe and Brampton South (objector) addressed the meeting.

 

In accordance with Minute No. 299 (2001/2002) Mr Tim Stubbins of Mitchell & Proctor Architects (applicant’s agent) 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).

 

-  Proposed plan 23 939 3 Rev A received 25.01.2024

-  Swept Path Analysis 23 939 4 received 25.01.2024

-  Supporting Planning Statement received 21.12.2023

-  Coal Mining Risk Assessment received 21.12.2023

-  Site location plan received 21.12.2023

 

3.  Construction work shall only be carried out between the hours of 8:00 am to 6:00 pm Monday to Friday and 9:00 am to 5:00 pm on a Saturday. Construction work shall not be carried out on Sundays or Public Holidays. The term construction work shall include mobile and fixed plant/machinery, (e.g. generators) radios and the delivery of construction materials.

 

4.  No development shall commence (EXCLUDING DEMOLITION) until;

             a) a scheme of intrusive site investigations has been carried out on site to   establish the risks posed to the development by past coal mining activity,       and;

             b) any remediation works and/or mitigation measures to address land          instability arising from coal mining legacy, as may be necessary, have   been implemented on site in full in order to ensure that the site is made         safe and stable for the development proposed.

             The intrusive site investigations and remedial works shall be carried out in       accordance with authoritative UK guidance.

 

5.  Prior to the development being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.

 

6.  Before any other operations are commenced, within the blue edged land of the commercial truck yard to the north of the site, appropriate 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. Once implemented the facilities shall be retained free from any impediment to their designated use throughout the construction period.

 

7.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and/or re-enacting that Order) There shall be no gates or other barriers on the access unless set back sufficiently such that the largest vehicle to enter the site can be clear of the highway whilst gates are open/closed. Any such gates/barrier shall open inwards only, unless otherwise agreed in writing by the Local Planning Authority.

 

8.  Notwithstanding the submitted information details of all materials to be used in the construction of the external surfaces of the proposed development, including the boundary walls, roofing slates, chimney (where needed), dormer and window details, shall be submitted to and approved in writing by the Local Planning Authority before any work commences on the renovation of the dwelling. The development shall be completed in accordance with the approved details.

 

9.  The biodiversity measures within the submitted Planning Statement shall be installed on site and retained and maintained thereafter throughout the life of the development.

 

10.  The full width of the access road created by the demolition works shall not be brought into use but shall be temporarily fenced off, until the highway improvement works shown on plan 23 939 3 Rev A received 25.01.2024 have been completed.

 

CHE/23/00619/FUL - CONSTRUCTION OF 1 PAIR OF SEMI-DETACHED HOUSES ON LAND ADJACENT TO 5 KING STREET SOUTH, CHESTERFIELD FOR MRS JUNE HIBBERT

 

Councillor Brittain was  unable to attend the site visit for this application therefore he  did not take part in the  consideration of this application at the committee meeting.

 

*RESOLVED

 

A. That the officer recommendation be upheld and the application be approved subject to the following conditions and that a CIL Liability Notice be issued as per Schedule 6.8 of the Officer’s Report:

 

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 and documents (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 (Rev B)

-  Proposed Floor plans (Rev C)

-  Fencing/bin store details (Rev A)

-  Proposed elevations (Rev C)

-  Materials specification document

 

3.  No development above floor-slab/D.P.C level shall take place until a scheme (including a programme of implementation and maintenance) to demonstrate a net measurable gain in biodiversity through the development, shall have been submitted to include:

a) a scaled plan showing the trees and plants to be planted:

b) a scaled plan showing the trees and plants to be removed:

c) proposed hardstanding and boundary treatment (including details of variations to levels on site):

d) a schedule detailing species (to encourage wildlife), sizes and numbers of all proposed trees/plants

e) Sufficient specification to ensure successful establishment and survival of new planting.

f) Details of the types of bird boxes, bat boxes and bee bricks that are proposed.

g) Planting method of the trees and shrubs.

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 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 net measurable gain shall be implemented, retained and maintained thereafter in accordance with the scheme and programme so approved.

 

4.  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.

 

5.  No individual dwelling hereby approved shall be occupied until the optional requirement for water consumption (110 litres use per person per day) in Part G of the Building Regulations has been complied with for that dwelling.

 

6.  At the commencement of operations on site (excluding demolition/ site clearance), space shall be provided within the site curtilage for storage of plant and materials, site accommodation, loading and unloading of goods vehicles, parking and manoeuvring of site operatives and visitors vehicles, laid out and constructed in accordance with detailed designs to be submitted in advance to the Local Planning Authority for written approval and maintained throughout the contract period in accordance with the approved designs free from any impediment to its designated use.

 

7.  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, or additional windows erected or installed at or in the dwellings hereby approved without the prior written agreement of the Local Planning Authority.

 

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

 

9.  The development shall include a scheme for the provision of surface water run-off on site, either via the use of a SUDs channel or permeable block paving. If this is not possible the applicant is required to contact the Local Planning Authority to discuss alternative options; and then not complete works until an alternative solution has been agreed in writing by the LPA. The scheme shall incorporate sustainable drainage principles and shall be implemented in full. The submitted information shall include full details of the infiltration results and proposed location of the soakaway on site.

 

10.  No development shall take place until a construction management plan or construction method statement has been submitted to and been approved in writing by the Local Planning Authority. The approved plan/statement shall be adhered to throughout the construction period. The statement shall provide for but not necessarily be restricted to the following as appropriate.

-  Parking of vehicles of site operatives and visitors 

-  Routes for construction traffic, including abnormal loads/cranes etc

-  Hours of operation

-  Method of prevention of debris being carried onto highway

-  Pedestrian and cyclist protection

-  Proposed temporary traffic restrictions

-  Arrangements for turning vehicles

 

B.  That a CIL liability notice be issued for £8,467 as per section 6.8 of the officer’s report.

 

CHE/23/00353/FUL - CONSTRUCTION OF 13 DWELLINGS WITH ASSOCIATED LANDSCAPING, A NEW PRIVATE HIGHWAY, AND ASSOCIATED WORKS AT GARAGES SITE, MILLER AVENUE, MASTIN MOOR, CHESTERFIELD FOR CHESTERFIELD BOROUGH COUNCIL

 

*RESOLVED

 

A. That the officer recommendation be upheld and the application be approved subject to the following conditions and that a CIL Liability Notice be issued as per Schedule 6.15 of the Officer’s Report:

 

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/documents (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).

 

-  MMHD01-PKA-MA-XX-DR-A-PL01 REV P2  Site Location Plan

-  MMHD01-PKA-MA-XX-DR-A-PL02 REV P2  Existing Site Plan

-  MMHD01-PKA-MA-XX-DR-A-PL03 REV P2  Existing Sections

-  MMHD01-PKA-MA-XX-DR-A-PL12 REV P2  Proposed Site Plan – Levels

-  MMHD01-PKA-MA-XX-DR-A-PL13 REV P2  Proposed Site Sections 01

-  MMHD01-PKA-MA-XX-DR-A-PL14 REV P2  Proposed Site Sections 02

-  Attenuation Tank Indicative Sections

-  MMHD01-PKA-MA-XX-DR-A-PL20 REV P2  Proposed House Type - 2B4P Detached

-  MMHD01-PKA-MA-XX-DR-A-PL21 REV P2  Proposed House Type - 2B4P Semi detached

-  MMHD01-PKA-MA-XX-DR-A-PL22 REV P2  Proposed House Type – 4B7P

-  YWS-DS-SD-WW-003 YW Standard Pump Station GA Plan

-  MMHD01-DCA-MA-XX-DR-C-190-P01 Refuse Collection Vehicle Swept Path Analysis

-  MMHD01-PKA-MA-XX-DR-A_9000 REV P3 Proposed Site Plan

-  Aboricultural Report, Impact Assessment and Method Statement prepared by Ecus dated January 2023

-  Phase I Desk Study Report Ref: P22-00751-Met-RP-GE-001 Rev 1 prepared by Met Engineers dated 02.12.2022

-  Phase II Site Investigation Report Ref: P22-00751-Met-RP-GE-003 Rev 2 prepared by Met Engineers dated 14.04.2023

-  Preliminary Ecological Appraisal prepared by Ecus dated January 2023

-  Biodiversity Net Gain Assessment prepared by Ecus dated November 2023

-  BNG Calculation dated January 2024

-  MMHD01-DCE-MA-XX-DR-C-100 -P01 Drainage Strategy

-  Drainage Strategy & Calculations Report Ref: CALC01(-) prepared by Dudleys Consulting Engineers dated October 2023

 

3.  No construction or demolition 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.

 

4.  Prior to commencement of the development hereby permitted details of a construction management plan shall be submitted to and approved in writing by the Local Planning Authority. The approved plan shall be adhered to throughout the demolition/construction period. The plan/statement shall include but not be restricted to:

 

-  Parking of vehicle of site operatives and visitors (including measures taken to ensure satisfactory access and movement for existing occupiers of neighboring properties during construction).

-  Locations for loading/unloading and storage of plant, waste and construction materials.

-  Method of preventing mud and dust being carried onto the highway.

-  Arrangements for turning vehicles.

Methods of communicating the Construction Management Plan to staff, visitors and neighboring residents and businesses.

 

5.  The Development hereby approved shall not be occupied until the works comprising - The private road / shared access driveway, associated footways and tactile crossing points shown on drawing: MMHD01-PKA-MA-XX-DR-A-9000 have been constructed and completed.

 

6.  No development of the pump station shall commence until a temporary access for construction purposes has been provided in accordance with a detailed design first 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 free from any impediment to its designated use.

 

7.  Prior to the pump station being taken into use, a new vehicular access shall be formed to Rose Crescent in accordance with the application drawing: MMHD01-DCE-MA-XX-DR-C-100 -P01.

 

8.  Plot 5 and 6’s frontage to the development access road (Miller Avenue) shall be clear of any obstruction exceeding 1m in height (0.6m in the case of vegetation) for a distance of 2m into the site from the carriageway edge, in order to maximise visibility for drivers emerging onto the highway.

 

9.  The vehicular access to Plot 6 shall be provided with pedestrian visibility splays of 2m x 2m measured perpendicularly back from the back of footway on both sides of the access. These splays shall thereafter be permanently kept free of all obstructions to visibility over 1m (0.6m in the case of vegetation) in height above the adjoining ground level.

 

10.  The Development hereby approved shall not be occupied until the parking and turning facilities have been provided as shown on drawing: MMHD01-PKA-MA-XX-DR-A-9000 Rev P3.

 

11.  The gradient of the private access road shall not exceed 1:12 for its entire length.

 

12.  No individual dwelling hereby approved shall be occupied until the optional requirement for water consumption (110 litres use per person per day) in Part G of the Building Regulations has been complied with for that dwelling.

 

13.  No development shall commence until:

a) a scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past coal mining activity; and

b) any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed.

 

The intrusive site investigations and remedial works shall be carried out in accordance with authoritative K guidance.

 

14.  Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is or has been made safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.

 

15.  No development above floor-slab/D.P.C level shall take place until details for the 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 vegetation to be retained and trees and 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.

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).

 

16.  A Landscape and Ecological Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the development. The LEMP shall cover all retained and created habitats within the red edged land, as identified in the Biodiversity Net Gain Assessment by Ecus to meet the percentage and numerical unit habitat gains set out therein and the landscaping of the site agreed under condition 15. 

The content of the LEMP shall include the following;

a) Description and evaluation of features to be managed;

b) Ecological trends and constraints on site that might influence management;

c) Aims and objectives of management;

d) Appropriate management options for achieving aims and objectives;

e) Prescriptions for management actions;

f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a thirty-year period);

g) Details of the body or organisation responsible for implementation of the plan;

h) Ongoing monitoring and remedial measures,

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term (30 Years +) implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan shall be implemented in accordance with the approved details.

 

17.  Before the ordering of external materials takes place, a schedule of external materials of construction of buildings and hard surfaced areas  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.

 

18.  Prior to the installation of lighting fixtures, a detailed lighting strategy shall be submitted to and approved in writing by the LPA to safeguard bats and other nocturnal wildlife. This should provide details of the chosen luminaires, their locations and any mitigating features such as dimmers, PIR sensors and timers. Dependent on the scale of proposed lighting, a lux contour plan may be required to demonstrate acceptable levels of light spill to any sensitive ecological zones/features. Guidelines can be found in Guidance Note 08/18 - Bats and Artificial Lighting in the UK (BCT and ILP, 2023). Such approved measures will be implemented in full. The lighting design should avoid introduced lighting to boundary and adjacent habitats and any new bat/bird enhancement features provided as part of the enhancement of the site.

 

19.  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.

 

20.  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.

 

21.  No development above floor-slab/D.P.C level shall take place until a species enhancement plan has been submitted to and agreed in writing by the Local Planning Authority. It is advised the submitted plan includes:

-1 x integral Universal Bird Brick to each dwelling at eaves level (avoiding southern elevations)

-a minimum of 4 bat boxes or bricks

-the inclusion of hedgehog gaps in boundary fencing.

The development shall be carried out in accordance with the agreed species enhancement plan.

 

22.  No building or other obstruction including landscape features shall be located over or within 3 (three) metres either side of the centre line of the public sewer i.e. a protected strip width of 6 (six) metres, that crosses the site. If the required stand-off distance is to be achieved via diversion or closure of the sewer, the developer shall submit evidence to the Local Planning Authority that the diversion or closure has been agreed with the relevant statutory undertaker and that prior to construction in the affected area, the approved works have been undertaken.

 

23. There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will 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: i) evidence that other means of surface water drainage have been properly considered and why they have been discounted; and ii) the means of discharging to the public sewer network at a rate to not exceed 3.5 litres per second.

 

24.  No development shall take place until details of the proposed means of disposal of foul water drainage for the whole site, including details of any balancing works, off-site works have been submitted to and approved by the local planning authority. If sewage pumping is required from any part of the site, the peak pumped foul water discharge must not exceed 4.75 (four point seven five) litres per second. Furthermore, unless otherwise approved in writing by the local planning authority, no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

 

25.  No dwelling shall be occupied until provision for a secure, covered, convenient space to store at least two bicycles has been provided in accordance with details which shall first be submitted to and agreed in writing by the Local Planning Authority. The approved bicycle storage shall thereafter be retained.

 

26.  The development hereby permitted shall not be commenced until a Phase III remediation statement detailing all remedial measures for the site as well as detailed guidance on the verification of the measures employed, and a standalone detailed gas protection design, installation and verification plan shall be submitted to and approved in writing by the local Planning Authority.

No deviation shall be made from the approved details without the express written agreement of the Local Planning Authority. If during development contamination not previously considered is identified, then the Local Planning Authority shall be notified immediately, and no further work should be carried out until a method statement detailing a scheme for dealing with the suspected contamination has been submitted to and agreed in writing by the Local Planning Authority.

 

B.  That a CIL liability notice be issued for £32,004.00 as per section 6.15 of the officer’s report.

 

CHE/23/00658/RET - RETENTION OF TIMBER OUTBUILDING IN REAR GARDEN, WOODEN TRELLIS TO BE MOUNTED ON TOP OF THE WALL AT THE SIDE OF THE PROPERTY AT 1 SMITH AVENUE, INKERSALL, CHESTERFIELD, S43 3SL FOR MR JACK PRIDEAUX

 

Councillor Brittain was  unable to attend the site visit for this application therefore he  did not take part in the  consideration of this application at the committee meeting.

 

*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 (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).

-  Proposed front and left studio elevation – scale 1:20 @ A4 – Dated 24/10/2023

-  Proposed rear and right studio elevation – scale 1:20 @ A4 – Dated 24/10/2023

-  Proposed trellis elevation and site plan – scale 1:50 @ A4 – Dated 24/10/2023

 

2.  Within 2 months of the planning permission date, a scheme for biodiversity and ecological enhancement measures shall be installed/integrated into the development site in accordance with a scheme previous agreed in writing by the local planning authority. The ecological enhancement measures shall thereafter be retained and maintained throughout the life of the development.