Agenda item

Applications for Planning Permission - Plans Determined by the Committee

Minutes:

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

 

CHE/17/00257/FUL - DEMOLITION OF EXISTING FARMHOUSE AND DILAPIDATED ANCILLARY BUILDINGS AND REPLACEMENT WITH 5 NO. DWELLINGS - ECOLOGICAL APPRAISAL AND BAT SURVEYS RECEIVED 20/06/2017 AND SPEED SURVEYS/ACCESS SURVEY 14/07/2017 AT OLDFIELD FARM, WETLANDS LANE, BRIMINGTON, CHESTERFIELD, DERBYSHIRE S43 1QG FOR MR PAUL WALTERS

 

In accordance with Minute No.299 (2001/2002) Mr D Hart (objector), Mr John Dawson (objector), Mr Richard Walters and Mr Paul Walters (the applicant), addressed the meeting. 

 

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

 

The application site is located in the Open Countryside, as designated by Policy EVR2 of the 2006 Local Plan, and in an area identified under policy CS1 of the 2013 Core Strategy to serve as a Strategic Gap between Brimington and Tapton

               

In the context of the policy framework above it is considered that the development proposals, by virtue of their scale and mass, are unacceptable. The development proposals are considered to have a far greater impact upon the open character of the countryside as they will occupy an area materially larger than the site of the existing buildings; and the height of the dwellings proposed are in excess of the height of the existing buildings on site such that the visual impact of the development does not reflect the local character and the development is not in keeping with the surrounding area. For these reasons it is considered that the development proposals are contrary to the provisions of policies CS1 of the Chesterfield Local Plan: Core Strategy 2011-2031; policy EVR2 of 2006 Local Plan (which is a retained designation in the Core Strategy); and the wider provisions of the National Planning Policy Framework. 

 

 

 

CHE/17/00263/FUL - ERECTION OF 34 DWELLINGS INCLUDING PRIVATE AMENITY SPACE, CAR PARKING PROVISION, NEW ACCESS ROAD, LANDSCAPING, DRAINAGE SWALE AND ON-SITE OPEN SPACE (ADDITIONAL/REVISED INFORMATION RECEIVED 23/05/2017, 24/05/2017, 26/05/2017, 01/06/2017, 09/06/2017, 16/06/2017, 21/06/2017, 23/06/2017, 30/06/2017, 03/07/2017, 05/07/2017, 06/07/2017, 1707/2017, 20/07/2017, 23/07/2017, 24/07/2017, 26/07/2017 AND 27/07/2017) AT FORMER SALTERGATE HEALTH CENTRE, 107 SALTERGATE, CHESTERFIELD, DERBYSHIRE S40 1LA FOR WOODALL HOMES LTD

 

In accordance with Minute No.299 (2001/2002) Mr Steve Jones of Woodall Homes Ltd (the applicant), addressed the meeting.

 

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 (listed below) with the exception of any approved non material amendment.

         

         

Site Layout

 

·        C00 REV A - SITE LOCATION PLAN

·        C01 REV E - SITE LAYOUT PLAN

·        C02 REV C - SITE LAYOUT PLAN

 

 

House Types/Garages

 

·        C03 REV A – PLOTS 1 AND 26 PETWORTH

·        C04 REV A – PLOTS 2, 5, 6, 12 AND 24 – ROSDENE

·        C05 REV A – PLOTS 3 AND 17 PETWORTH

·        C06 REV B – PLOT 4 LINDISFARNE

·        C07 REV B – PLOTS 7 AND 15 LINDISFARNE

·        C08 REV A – PLOTS 8 – 11 CLAREMONT (FLATS)

·        C09 REV B – PLOT 14 – BUCKINGHAM

·        C10 REV A – PLOT 16 – WYCOMBE

·        C11 REV B – PLOTS 18, 19, 20 AND 21 –         THORNTON

·        C12 REV B – PLOTS 22 AND 23 – HARDWICK

·        C13 REV B – PLOTS 25 AND 31 – WESTBURY

·        C14 REV B – PLOT 28 – KINGSTON

·        C15 REV B – PLOTS 29 AND 30 – THORNTON

·        C16 REV A – PLOTS 31, 32 33 AND 34 – AFFORDABLE

·        C18 – PLOT 27 – ROSEDENE

·        C22 REV B – GARAGES

·        C23 – GARAGE G7

                  

 

 

Landscaping

 

·        C20 REV A – BOUNDARY TREATMENTS PLAN

·        C21 – BOUNDARY TREATMENTS DETAILS

·        SOFT LANDSCAPE PROPOSALS (1) L9008_03 REV        F

·        SOFT LANDSCAPE PROPOSALS (2) L9008_04 REV        F

·        SOFT LANDSCAPE PROPOSALS (3) L9008_05 REV        E

·        SOFT LANDSCAPE PROPOSALS (4) L9008_06 REV        B

 

 

Highways And Drainage

 

·        40337/001 REV A – EXPLORATORY HOLE LOCATION PLAN

·        40337/012 REV B – EXTERNAL WORKS

·        40337/013 REV F – PLOT DRAINAGE

·        40337/014 REV C - LONGITUDINAL SECTIONS (SHEET 1 OF 2)

·        40337/015 REV A – LONGITUDINAL SECTIONS (SHEET 2 OF 2)

·        40337/016 REV A – MANHOLE SCHEDULES

·        40337/018 REV A – S104 (DRAINAGE) LAYOUT

·        40337/019 REV A – S102 (DRAINAGE) LAYOUT

·        40337/020 REV A – FOUNDATION SCHEDULE PLAN 1 OF 2

·        40337/021 REV A – FOUNDATION SCHEDULE PLAN 2 OF 2

·        40337/022 REV A – FOUNDATION SCHEDULE        TABLE

·        40337/023 REV A – FLOOD ROUTING PLAN

·        40337/024 REV A – DRAINAGE DETAILS SHEET 1 OF 2

·        40337/026 REV A – DRAINAGE DETAILS SHEET 2 OF 2

·        40337/035 REV B - S278 WORKS SPENCER STREET

·        40337­/036 REV E – S278 WORKS SALTERGATE

·        40337/038 REV C - HIGHWAYS LAYOUT AND SETTING OUT - 1 OF 2

·        40337/039 REV C - HIGHWAYS LAYOUT AND SETTING OUT - 2 OF 2

·        40337 ATR1 REV A – VEHICLE TRACKING DIAGRAM

·        40337/044 REV A – PRIVATE CATCHPIT DETAIL

·        SA1 INC. STORAGE 100YR+ CC

·        SA2 INC. STORAGE 100YR+ CC

·        SA3 INC. STORAGE 100YR + CC

·        40337/002 - REPORT ON ADDITIONAL INVESTIGATION

·        08321 SITE DRAWING AND WINCAN V8 (SEWER SURVEY)

·        C17 REV D – FRONT BOUNDARY WALL RE-ALIGNMENT

·        C19 – SITE MANAGEMENT PLAN

·        W27 REV B – SITE COMPOUND

·        CONSTRUCTION METHOD STATEMENT REV A – 14TH JUNE 2017 (AS AMENDED TO EXCLUDE CONSTRUCTION TRAFFIC TO SPENCER STREET - 04/08/2017)

 

Trees

 

·        LTP/19 – SECTION THROUGH ROAD AND T19 & T26

·        ‘NO DIG’ CONSTRUCTION METHOD STATEMENT –        14 JUNE 2017

·        DEMOLITION AND CONSTRUCTION OF RETAINING WALL METHOD STATEMENT – 4 JULY 2017

                  

 

Background Documents

 

·        DESIGN AND ACCESS STATEMENT (UPDATED 09/06/2017)

·        PLANNING STATEMENT

·        HERITAGE STATEMENT

·        ECOLOGICAL APPRAISAL

·        TRANSPORT STATEMENT

·        STATEMENT OF COMMUNITY INVOLVEMENT

·        COAL MINING RISK ASSESSMENT

·        PHASE I ENVIRONMENTAL REVIEW AND PHASE II SITE INVESTIGATION REPORT

·        FLOOD RISK ASSESSMENT

·        ECUS TREE SURVEY, ARBORICULTURAL IMPACT

·        ASSESSMENT AND ARBORICULTURAL METHOD STATEMENT DATED JULY 2017

·        ECUS JAPANESE KNOTWEED SURVEY DATED 24TH APRIL 2017

·        VIABILITY APPRAISAL REV A – CONFIDENTIAL (UPDATED 05/07/2017)

·        PLOT MATERIALS SCHEDULE AND SITE PLAN WITH BRICK CHOICES – 20/07/2017

 

 

Highways

 

3.  Prior to the occupation of the first dwelling the access with Saltergate shall be modified in accordance with the details contained on Drawing No. 40337/036 REV E – S278 WORKS SALTERGATE (unless any further revisions required under the S278 Agreement are jointly agreed in writing by the Local Planning Authority and Local Highways Authority).  The area in advance of the visibility sightlines shall be retained throughout the life of the development free of any object above ground level. 

 

4.  Prior to any other construction works taking place, the Saltergate driveway shall be upgraded to base course level (in accordance with the agreed construction details) to allow for use by construction traffic. Thereafter throughout the construction period works shall only take place in accordance with the Construction Method Statement Rev A dated 14th June 2017 and Site Compound drawing no.16-553-W27 REV B with the exception that Construction Traffic not be permitted along Spencer Street. Any deviation from this agreed methodology shall first need to be agreed in writing by the Local Planning Authority. 

 

5.  Prior to the occupation of the first dwelling the access to Spencer Street shall be modified in accordance with the details contained on Drawing No. 40337/035 REV B - S278 WORKS SPENCER STREET (unless any further revisions required under the S278 Agreement are jointly agreed in writing by the Local Planning Authority and Local Highways Authority). 

 

6.  The carriageways of the proposed private estate roads shall be constructed in accordance with the approved layout 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.

 

7.  There shall be no means of vehicular access between Spencer Street and the proposed private estate street and to this end, a permanent physical barrier shall be erected and thereafter maintained for the life of the development, all in accordance with a scheme first submitted to and approved in writing with the Local Planning Authority.

         

8.  No dwelling shall be occupied until space has been provided within the application site in accordance with the revised application drawings for the parking/loading and unloading/manoeuvring of residents/visitors/ service and delivery vehicles, laid out, surfaced and maintained throughout the life of the development free from any impediment to its designated use.

 

9.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and/or re-enacting that Order) the garage/car parking space(s) hereby permitted shall be retained as such and shall not be used for any purpose other than the garaging of private motor vehicles associated with the residential occupation of the property without the grant of further specific planning permission from the Local Planning Authority.

 

10. There shall be no gates or other barriers within 6m of the nearside highway boundary and any gates shall open inwards only, unless otherwise agreed in writing by the Local Planning Authority.

 

11. 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.

 

 

Trees and Ecology

 

12. Prior to the commencement of development Root Protection Areas (RPAs) shall be established to all protected and retained trees in accordance with the ECUS report dated July 2017.  The tree protection measures outlined therein shall be carried out and adhered to at all times throughout the construction phases in strict accordance with BS 5837:2012 Trees in relation to design, demolition and construction – Recommendations.  Any deviation thereto shall first be agreed in writing by the Local Planning Authority.   

 

13. The realignment and construction of the boundary wall at the Saltergate access shall be carried out in accordance with the revised drawings16-553-C17 Rev D and any excavations for the concrete foundations in section AA and CC at the ends of the existing wall are hand dug and the first 100mm of soil in the garden area for the through beam are hand dug to avoid any root damage. If any roots are exposed advice should be sought from an arboriculturalist and the Council’s Tree Officer immediately before any root severance or disturbance takes place.  Only intervention measures agreed in writing shall be undertaken on site. 

 

14. The areas as shown on Drawing LTP/21 – No Dig Areas Saltergate should be excluded from any excavations and land level changes and a ‘no dig’ method of construction carried out as shown in drawing 19008/07and outlined in the ECUS report dated July 2017.

 

15. Any utility service runs located in the root protection areas (RPA’s) of the retained trees on the site shall be carried out in line with drawing 16-553-C02 Rev C and typical section through no dig construction by Windle Cook Architects which proposes that no route services or utilities will require excavations within the RPA’s and that all services will be above the existing sub base along the proposed driveway off Saltergate.

 

16. The foundations for garage G7 shall be constructed as shown on drawing 16-553-C23 showing the piling foundation system to protect the neighbouring tree root system.

 

17. The ecological enhancement measures as set out in section 4.0 of the ECUS Ecological Appraisal dated January 2017 and as detailed on the associated landscaping proposals (listed in condition 2 above) shall be implemented in full and maintained thereafter respective of the relevant construction phase and prior to the occupation of each respective dwelling.  

 

18. 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.

 

 

Others

 

19. 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.

 

20. 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. 

 

21. 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.

 

Drainage

 

22. The means of draining foul and surface water arising from the development shall be constructed and operated in accordance with details shown on the submitted drawing 40337/013 (Revision F) prepared by Eastwood and Partners. The rate of discharge of surface water to public sewer shall not exceed 11.7 litres per second.  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 dwelling shall be occupied until the respective drainage works for each plot has been fully implemented.    

         

(B)  It is therefore recommended that the application be approved subject to:

 

·        Signing of a S106 Agreement/Unilateral Undertaking covering Affordable Housing (4 units), Percent for Art (£44,325), the CCG Contribution (£12,934) and a Management Company being set to handle open space and highways which are not adopted;

 

·        That a CIL Liability Notice be served for £198,000 or £183,250 if the social housing exemption is claimed, as per section 5.9 of the officer’s report.

 

 

CHE/17/00459/FUL - RE-SUBMISSION OF CHE/17/00135/FUL – NEW DWELLING ON LAND ADJACENT TO 82 WALTON ROAD INC. RECONFIGURING OF BOUNDARY BETWEEN NO 82 AND THE NEW DWELLING ALONG WITH A NEW SITE CROSSOVER AT 82 WALTON ROAD, WALTON, CHESTERFIELD, DERBYSHIRE S40 3BY FOR MS ANDREA COLLIN

 

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 (listed below) 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.  The site shall be developed with separate systems of drainage for foul and surface water on and off site.

 

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.  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.

 

6.  Before any other operations are commenced the new access to Delves Close shall be formed with visibility splays measuring 2.4m x 43m in both directions.  The land in advance of the sightlines shall be retained throughout the life of the development free from any object greater than 1m in height (0.6m in the case of vegetation) relative to the adjoining nearside carriageway channel level. 

 

7.  The dwelling shall not be occupied until space has been laid out within the site in accordance with the approved drawing for cars to parked. 

 

8.  The driveway/car spaces hereby permitted shall be kept available for the parking of motor vehicles at all times.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1992 (or any Order revoking and/or re-enacting that Order) the driveway/car parking spaces hereby permitted shall be retained as such and shall not be used for any purpose other than the parking of private motor vehicles associated with the residential occupation of the property without the grant of further specific planning permission from the Local Planning Authority.

 

9.  There shall be no gates or other barriers on the access/driveway. 

 

10. The proposed driveway/access to Delves Close shall be no steeper than 1 in 14 over its entire length.

 

11. 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.

 

12. 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.

 

13. In the event it is proposed to import soil onto site in connection with the development the proposed soil shall be sampled at source and analysed in a MCERT certified laboratory, the results of which shall be submitted to the Local Planning Authority for consideration. Only the soil approved in writing by the Local Planning Authority shall be used on site.

 

14. 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.

 

15. 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.  The hard landscaping scheme shall take account of any root protection areas to retained trees/hedgerows on site and may require alternative measures of construction and finishes to be considered. 

 

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. 

 

16. The side elevation windows serving the ground floor and first floor shower rooms and the entrance lobby doorway shall be fitted with obscure glazing (to a minimum obscurity level 4 or 5) prior to occupation of the dwelling hereby approved.  Only glazing meeting this specification shall be installed and retained thereafter in perpetuity. 

 

(B)  That a CIL Liability Notice be served for £7,200, as per section 5.4.8 of the officer’s report.

 

Supporting documents: