Agenda item

Councillor T Gilby who had declared an interest in this item left the meeting at this point and did not return.

 

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

and resolved as follows:-

 

CHE/16/00614/OUT - OUTLINE PLANNING APPLICATION WITH ALL MATTERS EXCEPT ACCESS RESERVED FOR PROPOSED HOUSING DEVELOPMENT INCLUDING LAND ALLOCATED FOR A PRIMARY SCHOOL (ADDITIONAL INFORMATION RECEIVED - HERITAGE IMPACT ASSESSMENT AND GEOPHYSICAL SURVEY REC'D ON 19/04/2017; AND TRANSPORT ASSESSMENT ADDENDUM REC'D ON 02/05/2017) ON LAND TO THE NORTH WEST OF NORTHMOOR VIEW, BRIMINGTON, CHESTERFIELD, DERBYSHIRE FOR FG SISSONS (CHESTERFIELD) LTD

 

In accordance with Minute No.299 (2001/2002) Councillor Bellamy (objector), Councillor P Gilby (objector), Mr K Pratt (objector) and Mrs P Wright (objector), addressed the meeting.

 

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

 

Principle of Development

 

1.  The site the subject of the application is on land allocated under policy EVR2 of the 2006 Local Plan (a saved designation of the Chesterfield Local Plan: Core Strategy 2011 – 2031) as open countryside and land located under policy CS1 as a Strategic Gap between Brimington and Tapton. Policy CS10 of the Chesterfield Local Plan: Core Strategy 2011 – 2031 states that greenfield led housing development will not be accepted where the Local Planning Authority is able to demonstrate a 5 year housing land supply. 

 

On the basis that the Local Planning Authority is currently able to demonstrate a 5 year housing land supply the development would be contrary to the provisions of policy CS10 and EVR2 of the Chesterfield Local Plan: Core Strategy 2011 – 2031, the wider provisions of the National Planning Policy Framework. 

 

Strategic Gap

 

2.  The development would introduce an extension to the built settlement of Brimington which would encroach into land which is Open Countryside and has been identified to form part of the Strategic Gap between Tapton and Brimington under the provisions of policies CS1, CS2 and CS9 of the Chesterfield Local Plan: Core Strategy 2011 – 2031 and the wider National Planning Policy Framework.  The development proposals are considered to be contrary to the provisions of these policies which seek to maintain open land between neighboring settlements to prevent merging (perceptual and physical) and protect the setting and separate identity of settlements; support appreciation and wider perceptual benefits of open countryside; and maintain existing or influence form and direction of settlements. 

 

Archaeology

 

3.  It is a requirement of the National Planning Policy Framework, paragraphs 128-129 that the applicant demonstrates to the satisfaction of the Local Planning Authority that appropriate desk-based assessment and, where necessary, field evaluation has been undertaken to determine the potential impact of the development proposals upon any heritage assets, including those with archaeological interest. On the basis of expert advice provided to the Local Planning Authority it is considered that insufficient information has been provided to properly assess the impact of these development proposals upon potential archaeological features which have been identified by geophysical survey results.  A significant number of anomalies of possible archaeological origin identified by the geophysical survey results exist which require further investigation to advise confidently on an appropriate scheme of post-permission archaeological recording and a more clear indication of the potential extent and costs of post-permission archaeological mitigation for the site. Therefore the proposed development does not accord with the requirements of the National Planning Policy Framework, Planning Practice Guidance and the provisions of policy CS19 of the Chesterfield Local Plan: Core Strategy 2011-2031. 

 

Ecology

 

4.  It is a requirement of the National Planning Policy Framework paragraph 117 that the Local Planning Authority promote the protection and recovery of priority species populations and policy CS9 of the Chesterfield Local Plan: Core Strategy 2011 – 2031 states that development proposals will be expected to demonstrate that they will not adversely affect, or result in the loss of, features of recognised importance. In this context it is considered on the basis of expert advice provided to the Local Planning Authority that insufficient information has been submitted to determine the potential impacts of accepting the principle of development on this site upon ground nesting birds and a UK BAP priority species and Therefore the proposed development does not fully accord with the requirements of the National Planning Policy Framework, Planning Practice Guidance and the provisions of policy CS9 of the Chesterfield Local Plan: Core Strategy 2011-2031. 

 

Air Quality

 

5.  It is considered that the development proposals fail to adequately address the provisions of Policy CS8 of the Chesterfield Local Plan: Core Strategy 2011 – 2031 in so far as they do not incorporate measures to avoid or mitigate increases in air pollution where the development proposals would clearly have a demonstrable impact (worsening)upon an area designated as an Air Quality Management Area.  Contrary to the conclusions reached in the Air Quality Assessment that air quality standard (AQS) for nitrogen dioxide are not being breached, monitoring data over the last few years show the AQS being breached, and the levels of traffic pollution gradually increasing.  Given this evidence it is considered that a development of this scale should include appropriate mitigation measures and failure to do so conflicts with the provisions of Policy CS8 and the wider aspirations of the National Planning Policy Framework paragraph 124.  

 

Highways

 

6.  The development raises significant concerns regarding the impact of the development upon highway safety contrary to the provisions of policy CS2 and CS20 of the Chesterfield Local Plan: Core Strategy 2011 – 2031 and the wider National Planning Policy Framework. The development proposals do not demonstrate a safe or satisfactory access to / from the site for the scale and nature of the development proposed and despite a predicted adverse impact upon the existing highway network, no mitigation measures have been demonstrated or proposed. The development would be contrary to the best interests of highway safety and the safe and efficient operation of the public highway.

 

Infrastructure Delivery

 

7.  The proposed development would require the provision of additional primary school capacity however the application submission does not adequately examine or conclude a mechanism by which this capacity can be provided.  Under the provisions of policy CS4 of the Chesterfield Local Plan: Core Strategy 2011 – 2031 it is a requirement to demonstrate how the provision can be locally provided in a timely manner and therefore given that a satisfactory solution has not been reached the development is likely to result in inadequate education facilities to cater for the increased demand.  

 

Councillor P Barr who had declared an interest in this item left the meeting at this point.

 

CHE/17/00344/FUL - FULL PLANNING APPLICATION FOR THE INSTALLATION OF STORAGE CONTAINERS FOR USE AS A STORAGE YARD, INSTALLATION OF SECURITY FENCING AND A NEW VEHICULAR ACCESS WITH DROP KERB – REVISED PLANS RECEIVED 6.7.2017 AT LAND TO THE WEST SIDE OF THOMPSON STREET, CHESTERFIELD FOR MR MATTHEW FOLLON

 

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

 

That the item be deferred to allow further information to be obtained from Derbyshire County Council, the Highway Authority, regarding its intentions and timescales for the introduction of a Traffic Regulation Order on Thompson Street and to allow an informed decision to be taken on the current development proposal.

 

Councillor P Barr returned to the meeting.

 

CHE/17/00123/OUT - ERECTION OF A SINGLE DWELLING ON THE SITE WHICH IS PART OF THE FORMER REAR GARDEN OF 35 ASHGATE ROAD - ACCESS TO BE FROM BROCKWELL LANE AT 35 ASHGATE ROAD, CHESTERFIELD, DERBYSHIRE, S40 4AG FOR MR BEN JOHNSTONE - AMENDED PLANS RECEIVED ON 10.07.2017 AND 20.07.2017

 

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

 

(A)  1.  Approval of the details of the 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.  Details of the existing and proposed land levels and the proposed floor levels of the dwelling hereby approved shall be submitted in writing concurrently with any application for the reserved matters being submitted to the Local Planning Authority for consideration.  The details submitted shall include 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.  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 unless otherwise agreed by the Local Planning Authority in writing.

 

6.  Unless otherwise approved in writing by the Local Planning Authority demolition, remediation or construction work to implement the permission hereby granted shall only be carried out on site between 8:00am and 6:00pm Monday to Friday, 9:00am to 3:30pm 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.

 

7.   Before any other operations are commenced a new vehicular and pedestrian access shall be formed to Brockwell Lane and provided with visibility sightlines extending from a point 2.4m 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 edge.  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) relative to adjoining nearside carriageway channel level.

 

8.  The proposed dwelling shall not be occupied until space has been laid out within the site for 2 No. cars to be parked in accordance with a plan first to be submitted and agreed, in writing, by the Local Planning Authority in consultation with the Highway Authority.  

 

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

 

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

 

11. 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. These details shall conform to the Chesterfield Borough Council Minimum Development Control Standards for Flood Risk.

 

12. 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

 

(B)  That as the site lies in the medium CIL zone the full CIL Liability will be determined at the reserved matters stage on the basis of a cumulative charge of £50 per sqm of gross internal floor area created.