Agenda item

Applications for Planning Permission - Plans Determined by the Committee

Meeting of Planning Committee, Monday, 9th October, 2017 3.00 pm (Item 63.)

Minutes:

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

CHE/17/00456/OUT - OUTLINE PLANNING APPLICATION FOR THE DEMOLITION OF THE EXISTING DWELLING AND PROPOSED CONSTRUCTION OF 2 FOUR BEDROOM DETACHED DWELLINGS WITH INTEGRAL GARAGES - DESCRIPTION AND PROPOSALS AMENDED FROM PREVIOUSLY INTENDED ALTERATIONS TO EXISTING DWELLING 10.08.2017 AT 20A AVONDALE ROAD, CHESTERFIELD, DERBYSHIRE S40 4TF FOR SAINT DEVELOPMENTS

In accordance with Minute No.299 (2001/2002) Mr Steve Brunt (objector), Mr M Crawley (objector) and Mr Peter Wilkinson (agent of applicant), addressed the meeting.

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

1. Approval of the details of the access, scale, 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 dwellings 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 dwellings 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 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.

7. Before any other operations are commenced (excluding demolition/ site clearance), space shall be provided within the site curtilage for storage of plant and materials and the parking of site operatives 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.

8. Before any other operations are commenced, a new vehicular and pedestrian access shall be formed to Avondale Road, located, designed, laid out, constructed and provided with visibility splays of 2.4m x maximum achievable over land the subject of the application/highway in both directions, all as agreed in writing with the Local Planning Authority, the area in advance of the sightlines being maintained throughout the life of the development clear of any object greater than 1m in height (0.6m in the case of vegetation) relative to adjoining nearside carriageway channel level.

9. The premises, the subject of the application, shall not be occupied until space has been provided within the site curtilage for the parking of vehicles, located, designed, laid out and constructed all as agreed in writing with the Local Planning Authority and maintained throughout the life of the development free from any impediment to its designated use.

10. The proposed access/driveways to Avondale Road shall be no steeper than 1 in14 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.

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.

CHE/17/00390/OUT - OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT WITH ALL MATTERS RESERVED EXCEPT ACCESS FOR UP TO 17 DWELLINGS (IN ADDITION TO RETENTION OF EXISTING FARMHOUSE AND CONVERSION OF EXISTING CARTSHED TO GARAGING) INCLUDING ASSOCIATED INFRASTRUCTURE WORKS AT PONDHOUSE FARM, 2 TROUGHBROOK ROAD, HOLLINGWOOD, CHESTERFIELD, DERBYSHIRE, S43 2JP FOR CHATSWORTH SETTLEMENT TRUSTEES

In accordance with Minute No.299 (2001/2002) Mr D Peck of Planning & Design Group (agents for 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 considered to be (in part) greenfield land which is protected from development by the allocation of policy EVR2 of 2006 Local Plan which was saved in the adoption of the 2013 Chesterfield Local Plan: Core Strategy 2011 - 2031.

In accordance with provisions of policy CS10 of the Chesterfield Local Plan: Core Strategy 2011 - 2031, the wider provisions of the National Planning Policy Framework and the fact the Local Planning Authority can currently demonstrate a 5 year supply of deliverable housing sites; the principle of residential development on this part greenfield site is contrary to policy CS10 and is therefore considered to be unacceptable.

CHE/17/00237/OUT - THE RETENTION AND CONVERSION OF THORNFIELD HOUSE AND THE DEMOLITION OF OTHER ASSOCIATED BUILDINGS AND REDEVELOPMENT FOR RESIDENTIAL USE – RESUBMISSION OF CHE/16/00653/OUT – AMENDED PLANS AND DESCRIPTION 7/9/17 AT COMMERCE CENTRE, CANAL WHARF, CHESTERFIELD, DERBYSHIRE S41 7NA FOR EAST MIDLAND CHAMBER OF COMMERCE

In accordance with Minute No.299 (2001/2002) Ms Clare Plant of DLP Planning Consultants (agents for the applicant), addressed the meeting.

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

(A) 1. Approval of the details of the access, scale, 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.

4. The reserved matters details shall include existing and proposed land levels and the proposed floor levels of the dwellings hereby approved together with 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.

6. Prior to the commencement of development a detailed enhancement strategy that provides details of enhancement measures for roosting bats and nesting birds shall be submitted to and approved in writing by the LPA. Such approved measures must be implemented in full and maintained thereafter. The scheme shall include provision within the new dwellings (as integral boxes) rather than in retained trees.

7. 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 and the agreed scheme shall be implemented as part of the development hereby agreed.

8. Prior to the commencement of any demolition a Demolition and Construction Management Plan shall be submitted to the Local Planning Authority for consideration and written approval. The Plan shall include measures to mitigate the impacts of the works on noise, dust and pollution.

9. Demolition and Construction 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.

10. Prior to development commencing a suitable noise assessment, such as BS4142 shall be submitted. The noise assessment shall be submitted to the council and approved in writing. If the noise assessment determines that the properties should be include noise mitigation; these proposals should set out in a report format, submitted in writing to the council and approved prior to commencement of development.

11. A. Development shall not commence until details as

specified in this condition have been submitted to the Local Planning Authority for consideration and those details, or any amendments to those details as may be required, have received the written approval of the Local Planning Authority.

I. A desktop study/Phase 1 report documenting the previous land use history of the site.

II. A site investigation/Phase 2 report where the previous use of the site indicates contaminative use(s). The site investigation/Phase 2 report shall document the ground conditions of the site. The site investigation shall establish the full extent, depth and cross-section, nature and composition of the contamination. Ground gas, groundwater and chemical analysis, identified as being appropriate by the desktop study, shall be carried out in accordance with current guidance using UKAS accredited methods. All technical data must be submitted to the Local Planning Authority.

III. A detailed scheme of remedial works should the investigation reveal the presence of ground gas or other contamination. The scheme shall include a Remediation Method Statement and Risk Assessment Strategy to avoid any risk arising when the site is developed or occupied.

B. If, during remediation works any contamination is identified that has not been considered in the Remediation Method Statement, then additional remediation proposals for this material shall be submitted to the Local Planning Authority for written approval. Any approved proposals shall thereafter form part of the Remediation Method Statement.

C. The development hereby approved shall not be occupied until a written Validation Report (pursuant to A II and A III only) has been submitted to and approved in writing by the Local Planning Authority. A Validation Report is required to confirm that all remedial works have been completed and validated in accordance with the agreed Remediation Method Statement.

12. 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.

13. No development shall be commenced 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, or such other period of time as may be agreed in writing by the Local Planning Authority, free from any impediment to its designated use.

14. Before any other operations are commenced, excluding construction of the temporary access referred to in Condition 13 above, 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, laid out and constructed in accordance with detailed designs first submitted to and approved in writing by the Local Planning Authority. Once implemented the facilities shall be retained free from any impediment to their designated use throughout the construction period.

15. Notwithstanding the submitted information a subsequent reserved matters or full application shall include design of the internal layout of the site in accordance with the guidance contained in the 6 C’s Highways document.

16. No development shall take place until construction details of the residential estate road(s) and footway(s) (including layout, levels, gradients, surfacing and means of surface water drainage) have been submitted to and approved in writing by the Local Planning Authority.

17. The carriageway(s) of the proposed estate road(s) shall be constructed in accordance with Condition 16 above 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.

18. Before any other operations are commenced a new vehicular junction shall be formed to Canal Wharf and provided with visibility sightlines extending from a point 2.4 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 in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority. 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) above ground level.

19. Before any other operations are commenced (excluding creation of the new access, the subject of condition 18 above), any redundant vehicular and pedestrian accesses to Canal Wharf shall be permanently closed with a physical barrier and the existing vehicle crossover reinstated as footway in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority.

20. No dwelling shall be occupied until space has been laid out within the site in accordance with details submitted and agreed under a reserved or full matters application for cars to be parked and for the loading and unloading of vehicles and for vehicles to turn so that they may enter and leave the site in forward gear.

21. 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.

22. Prior to the commencement of the development details shall be submitted to and approved in writing by the Local Planning Authority showing the means to prevent the discharge of water from the development onto the highway. The approved scheme shall be undertaken and completed prior to the first use of the access and retained as such thereafter.

23. No development shall be commenced until details of the proposed arrangements for future management and maintenance of the proposed streets within the development have been submitted to and approved by the local planning authority. The streets shall thereafter be maintained in accordance with the approved management and maintenance details until such time as an agreement has been entered into under section 38 of the Highways Act 1980 or a private management and Maintenance Company has been established.

24. 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.

25. A detailed tree protection plan shall be submitted conforming to BS 5837 ‘Trees in Relation to Design, demolition and construction - Recommendations’ 2012 for the consideration of the Council and approval in writing. The scheme shall include Root Protection Areas for all trees to be retained on the site and a Method Statement in respect of development in the proximity to the trees to be retained. There shall be no structures built within the Root Protection Areas of the trees retained on the site. The development shall only proceed on the basis of the agreed details.

26. 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. 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.

27. 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.

(B) That a Section 106 Agreement shall be negotiated and signed concurrent with the planning permission and relating to:

· A percent for Art scheme.

· Clauses to secure the retention of Thornfield House in the scheme on the basis of no affordable housing provision.Contribution to Clinical Commissioning Group of £11,412

Councillor Hill left the meeting at this point and did not return.

CHE/17/00384/FUL - CONVERSION OF EXISTING BUILDINGS TO 4 TWO BEDROOM DWELLINGS, 2 GROUND FLOOR ONE BED APARTMENTS AND 2 TWO BED DUPLEXES AT JUBILEE WORKS, MIDDLECROFT ROAD, STAVELEY S43 3XN

In accordance with Minute No.299 (2001/2002) Ms Linda Trollope (on behalf of 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:

· Boundary Wall Drawing no.P-473.11

· Location Drawing no.P-473.6 rev.E

· Planning Elevations no.P-473.1 rev.B

· Design and Access Statement

· Planning – Layouts GF Drawing no.P-473.4

· Planning – Layouts Drawing no.P-473.5 rev.A.

with the exception of any approved non material amendment.

3. Before any operations are commenced, 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, laid out and constructed in accordance with detailed designs first submitted to and approved in writing by the Local Planning Authority. Once implemented the facilities shall be retained free from any impediment to their designed use throughout the construction period.

4. No dwelling shall be occupied until space has been laid out within the site in accordance with the approved drawings for vehicles to be parked and for vehicles to turn so that they may enter and leave the site in forward gear.

5. 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 car parking spaces hereby permitted shall be retained as such and shall not be used for any purpose other than the parking or private motor vehicles associated with the residential occupation of the properties without the grant of further specific planning permission from the Local Planning Authority.

6. Before construction works commence or ordering of external materials takes place, precise specifications or samples of the cladding 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.

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

9. 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.

10. No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. The details shall include proposed finished levels; means of enclosure; gates; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials and bin storage areas. The agreed details shall be implemented as part of the development and be retained thereafter.

B. That a CIL Liability Notice be served for £6,800 as per section 9.0 of the officer’s report.

CHE/17/00546/FUL - PROPOSED CONSTRUCTION OF A THREE BEDROOM BUNGALOW WITH GARAGE AT LAND TO REAR OF 11 CHESTERFIELD ROAD, BRIMINGTON, CHESTERFIELD, DERBYSHIRE FOR MR JAMES CHAPMAN

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 plan/s (see list below), with the exception of any approved non material amendment;

§ 17.15.02 Rev A (dated 28.07.17) proposed site and

floorplan

§ 17.15.03 (dated 28.07.17) proposed elevations

§ 17.15.01 (dated 03.07.17) Site survey

§ Design and Access Statement

3. 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.

4. Before any operations are commenced, space shall be provided within the site curtilage for site accommodation, storage of plant and materials, designed, laid out and constructed all as may be agreed with the Local Planning Authority in advance of construction work commencing and maintained free from impediment throughout the duration of construction works.

5. The dwelling subject of the application shall not be occupied until on-site parking spaces have been provided and laid out in accordance with application drawing 17.15.02 Rev A and maintained thereafter free from any impediment to designated use.

6. Prior to the occupation of the dwelling, adequate bin storage and a bin dwell area for use on refuse collection days shall be provided on site in accordance with the application drawing 17.15.02 Rev A and retained thereafter free from impediment to designated use.

7. No development approved by this permission shall be commenced until a scheme for the provision and implementation of surface water run-off limitation has been submitted to and approved in writing by the Local Planning Authority. The scheme shall incorporate sustainable drainage principles and shall be implemented in accordance with the approved programme and details

8. 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 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.

9. The land in advance of the visibility sightlines (within the ownership of the applicant) detailed in ‘Drawing 1 Visibility Sightlines (27.09.2017)’ shall be retained throughout the life of the development free of any obstruction greater than 1m in height (0.6m in the case of vegetation).

10. There shall be no gates or other barriers unless otherwise agreed in writing by the Local Planning Authority.

11. 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.

B. That a CIL Liability Notice be served for £6,050 as per section 5.10 of the officer’s report.

CHE/17/00590/HAZ - APPLICATION TO AMEND EXISTING HAZARDOUS SUBSTANCES CONSENT (CHE/16/00535/HAZ) TO STORE 750 TONNES OF SODIUM HYPOCHLORITE (H400 AND <5%), 3,200 TONNES OF FLAMMABLE AEROSOLS; 220 TONNES OF FLAMMABLE LIQUIDS; 40 TONNES OF FLAMMABLE LIQUIDS WITH HAZARD TO AQUATIC ENVIRONMENT IN CATEGORY CHRONIC 2; 300 TONNES OF HAZARD TO AQUATIC ENVIRONMENT IN CATEGORY CHRONIC 1; AND 30 TONNES OF HAZARD TO AQUATIC ENVIRONMENT IN CATEGORY CHRONIC 2 AT GREAT BEAR, PLOT 1 SOUTH, MARKHAM VALE, CHESTERFIELD, DERBYSHIRE FOR GREAT BEAR DISTRIBUTION

That the officer recommendation be upheld and the application for hazardous substances consent for the storage of up to 750 tonnes of sodium hypochlorite (H400 and <5%), 3,200 tonnes of flammable aerosols; 220 tonnes of flammable liquids; 40 tonnes of flammable liquids with hazard to aquatic environment in category chronic 2; 300 tonnes of hazard to aquatic environment in category chronic 1; and 30 tonnes of hazard to aquatic environment in category chronic 2 be approved.

Supporting documents: