Agenda item

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

 

CHE/17/00059/DEM - APPLICATION GIVING PRIOR NOTIFICATION OF THE PROPOSED DEMOLITION OF VACANT/FORMER OFFICE ACCOMMODATION AT THE SHRUBBERIES, 46 NEWBOLD ROAD, CHESTERFIELD, DERBYSHIRE S41 7PL

 

In accordance with Minute No.299 (2001/2002), Mr Steve Markus (objector) and Ms Lesley Matthews (objector), addressed the meeting.

 

*RESOLVED –

 

1.   That the application giving prior notification of the proposed demolition of vacant / former office accommodation at The Shrubberies, 46 Newbold Road, Chesterfield, be approved.

 

2.   That the details and methods submitted by the applicant for the demolition of the building and for the restoration of the site, as detailed at paragraph 5.2 of the officer’s report, satisfactorily meet requirements to ensure that there is no significant adverse effect on local amenity during the demolition process.

 

CHE/17/00017/OUT - PROPOSED OUTLINE PLANNING APPLICATION WITH ALL MATTERS RESERVED FOR ONE HOUSE JOINING ONTO 1 BRANTON CLOSE AT 1 BRANTON CLOSE, BOYTHORPE, DERBYSHIRE S40 2NL, ADDITIONAL INFORMATION RECEIVED ON 14/03/2017

 

In accordance with Minute No.299 (2001/2002), Mr Wils Brady (objector) and Councillor Jenny Flood (ward member, and objector, on behalf of local residents), addressed the meeting.

 

That the officer recommendation be overruled and the application be refused for the following reasons:

 

It is considered that the introduction of a built form on this current piece of open grass verge would be at odds with the character of the area, where the prevailing streetscene is set back and includes a consistent building line. Furthermore the visual impact of the development proposed would be detrimental to the character and appearance of the streetscene, which is enjoyed by local residents as an area of open grass verge, and subsequently it is considered for these reasons the development is contrary to the provisions of policies CS2 and CS18 of the Chesterfield Local Plan: Core Strategy 2011 – 2031.

 

CHE/16/00046/LBC and CHE/16/00045/FUL

 

LISTED BUILDING CONSENT – EXTENSION AND RE-MODELLING OF OUTBUILDING TO ALLOW FOR CONVERSION AND EXTENSION TO CREATE 1. NO.3-BED DWELLING, INTERNAL ALTERATIONS AND CHANGE OF USE TO ASHTON LODGE TO CREATE 4-BED DWELLING AND ERECTION OF DETACHED GARAGE/ANNEX BUILDING (REVISION TO APPLICATION CHE/15/0079/LBC).

 

and

 

PLANNING PERMISSION - EXTENSION AND RE-MODELLING OF OUTBUILDING TO ALLOW FOR CONVERSION AND EXTENSION TO CREATE 1. NO.3-BED DWELLING, INTERNAL ALTERATIONS AND CHANGE OF USE TO 28 ABERCROMBIE STREET (ASHTON LODGE), CHESTERFIELD TO CREATE 4-BED DWELLING AND ERECTION OF DETACHED GARAGE/ANNEX BUILDING (REVISION TO APPLICATIONS CHE/15/00078/FUL

 

In accordance with Minute No.299 (2001/2002), Mr Mathew Short (objector) and Mr Will Brearley of CT Planning (agent for the applicant), addressed the meeting.

 

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

 

CHE/16/00045/FUL

 

A.  Time limit

 

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

 

Plans

 

2.  All external dimensions and elevational treatments shall be as shown on the approved revised plans:

 

-  P2315.401 Proposed Ground Floor

-  P2314.402 Proposed First Floor

-  P2315.403 Proposed Elevations

-  P2315.404 Proposed Elevations

-  P2315.421 Tree Protection Plan

-  Design, Access and Heritage Statement

with the exception of any approved non material amendment.

 

Construction times

 

3.  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.

 

Coal mining risk

 

4.  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 and contamination 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 remediation/stability of the site. Only those details which receive the written approval of the Local Planning Authority shall be carried out on site.

 

Storage of plant and materials

 

5.  Unless otherwise agreed in writing by the Local Planning Authority, development shall not commence until a plan has been submitted to the Local Planning Authority for consideration and written approval showing  the proposed 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 designed use throughout the construction period.

 

Tree protection

 

6.  Unless otherwise agreed in writing by the Local Planning Authority, development shall be in accordance with The Tree Protection Plan (ref P2315.421) in the applicant’s Arboricultural Impact Assessment prepared by Ben Bennet, Tree and Woodland Consultancy, February 2017. Tree protection measures, including any pruning works, will follow the method statement contained in Appendix 2 of the same document. The Council will require notification to inspect the root trial excavations within the RPA of TPO T28 Sycamore (T9 on the applicant’s Tree Protection Plan) as stated in paragraph A2.1.11 of the same document. 

 

Terrace construction

 

7.  Unless otherwise agreed in writing by the Local Planning Authority, construction of any terracing on site shall not commence until details of materials and construction methods have been submitted to the Local Planning Authority for consideration and written approval. Only the approved details shall be incorporated as part of the development, unless otherwise agreed in writing by the Local Planning Authority.

Reason: in the interests of tree protection and to protect the special character of the listed building and wider conservation area.

 

Bird and bat activity

 

8.  No removal of vegetation shall take place between 1^st March and 31^st August inclusive, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period, and details of measures to protect the nesting bird interest on the site have first been submitted to and approved in writing by the local planning authority and then implemented as approved.

 

9.  Prior to the commencement of development a bat roosting and bird nesting enhancement strategy shall be submitted to and approved in writing by the Local Planning Authority.

 

Surface water drainage

 

10. Development shall not commence until full details of proposed surface water drainage scheme have been submitted in writing to the Local Planning Authority for approval. Only those details which receive the written approval of the Local Planning Authority shall be carried out on site.

 

Ownership of ancillary building

 

11. The two self-contained ancillary granny annexes and garages hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the two proposed dwellings within Ashton Lodge. The self-contained ancillary granny annexes shall:

 

-       Only be occupied by persons with a familial link or 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.

-      Not be occupied under any form of contract.

 

Removal of permitted development rights

 

12. Notwithstanding the provisions 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.

 

CHE/16/00046/LBC

 

Time limit

 

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

 

Plans

 

2.  All external dimensions and elevational treatments shall be as shown on the approved revised plans:

 

-      P.2315.401 Proposed Ground Floor

-      P2314.402 Proposed First Floor

-      P2315.403 Proposed Elevations

-      P2315.404 Proposed Elevations

-      P2315.421 Tree Protection Plan

-      Design, Access and Heritage Statement

 

Windows and doors

 

3.  Unless otherwise agreed in writing by the local planning authority, development shall not commence until details of the proposed windows and doors (including garage doors) with cross sections have been submitted to the Local Planning Authority for consideration and written approval. Only the approved details shall be incorporated as part of the development, unless otherwise agreed in writing by the Local Planning Authority.

 

Stone, brick and mortar

 

4.  Unless otherwise agreed in writing by the Local Planning Authority, development shall not commence until details of the proposed stone (including quoins, cills and heads), brick work and mortar types, have been submitted to the Local Planning Authority for consideration and written approval. Only the approved details shall be incorporated as part of the development, unless otherwise agreed in writing by the Local Planning Authority.

 

Guttering

 

4.  Unless otherwise agreed in writing by the Local Planning Authority, development shall not commence until details of the proposed details of rainwater gutters, brackets, hoppers and down pipes to be used shall be submitted to the Local Planning Authority for consideration and written approval. Only the approved details shall be incorporated as part of the development, unless otherwise agreed in writing by the Local Planning Authority.

 

B.  That a CIL Liability notice be issued for £2,700 as per section 5.51 of the officer’s report.

 

Councillors Davenport and T Gilby who had declared an interest in this item left the meeting at this point and did not take part in the subsequent discussion and vote.

 

CHE/16/00831/FUL - PROPOSED NEW DETACHED DWELLING AT LAND ADJACENT TO 21 CLARENCE ROAD, CHESTERFIELD, - ADDITIONAL INFORMATION RECEIVED ON 07/03/17 AND 21/03/2017

 

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

 

A.  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 GR-PL-001.1 Rev E with the exception of any approved non material amendment.

 

3.  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.

 

4.  There shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

 

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.

 

6.  Unless otherwise agreed in writing by the local planning authority, development shall not commence until details of the proposed windows and doors with cross sections have been submitted to the Local Planning Authority for consideration and written approval. Only the approved details shall be incorporated as part of the development, unless otherwise agreed in writing by the Local Planning Authority.

 

7.  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.

 

8.  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.

 

9.  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. 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

 

10. Details of the proposed site cross sections showing existing and proposed land levels and the proposed finished floor level of the dwelling shall be submitted to the Local Planning Authority for consideration and written approval. Only the approved details shall be incorporated as part of the development, unless otherwise agreed in writing by the Local Planning Authority.

 

11. No development shall take place until full details of both hard and soft landscape works, bin storage and boundary treatments have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved.

 

12. Prior to occupation of the development hereby approved the windows in the South elevation and the windows in the first and second floor of the North elevation shall be obscure glazed with a minimum obscurity level of 3 as referred to in the Pilkington Texture Glass Range leaflet, or nearest equivalent as may be agreed in writing by the Local Planning Authority.  The obscured glazing shall be maintained as such thereafter.

 

B. That a CIL Liability notice be issued for £7,150, as per section 5.8 of the officer’s report.

 

Councillors Davenport and T Gilby returned to the meeting at this point.

 

Councillor Brittain who had declared an interest in this item, vacated the Chair, left the room and did not take part in the subsequent discussion and vote. Councillor Simmons then took the Chair for the item.

 

CHE/17/00067/COU - PROPOSED CHANGE OF USE FROM MEDICAL CENTRE TO 5 NO. RESIDENTIAL UNITS AT 1 TENNYSON AVENUE, CHESTERFIELD, DERBYSHIRE S40 4SN

 

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

 

3.  Prior to commencement of development a plan shall be submitted to the Local Planning Authority for written approval showing the rear hardstanding laid out with a least 5 no. dedicated parking spaces of minimum dimensions 2.4m x 5.5m and manoeuvring to allow vehicles to enter and exit the site in a forward gear.  Prior to the occupation of any of the dwellings hereby approved the space shall be laid out in accordance with the approved scheme, with the spaces marked out on site, and thereafter they shall be maintained free from any impediment to their designated use.  

 

4.  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.

 

5.  Prior to commencement of development details shall be submitted to the Local Planning Authority for written approval showing how the first floor doorway to Flat 3 shall be secured to prevent access onto the flat roof of the single storey extension for occupants (measures considered to be acceptable include the installation of a Juliette balcony railing, or replacement of the doorway with a window).  Only those details agreed in writing shall be implemented prior to the occupation of Flat 3; and any measures thereafter shall be maintained as approved in perpetuity. 

 

Councillor Brittain returned to the meeting and retook the Chair from Councillor Simmons.

 

CHE/17/00054/COU - FULL PLANNING APPLICATION FOR THE CHANGE OF USE TO COFFEE SHOP/REFRESHMENTS/FOOD OUTLET AT SAVE THE CHILDREN, 5 STEPHENSON PLACE, CHESTERFIELD S40 1XL

 

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

 

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

 

2.  Development shall be carried out in complete accordance with the approved plans.