Agenda item

Applications for Planning Permission - Plans Determined by the Committee

Meeting of Planning Committee, Monday, 30th October, 2017 3.00 pm (Item 74.)

Minutes:

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

CHE/17/00209/FUL - PROPOSED - DEMOLITION OF EXISTING BUILDINGS AND STRUCTURES (SUNDAY SCHOOL BUILDING RETAINED); AND ERECTION OF A FOOD STORE AND CREATION OF NEW/ALTERATIONS TO EXISTING ACCESSES WITH ASSOCIATED PARKING, SERVICING AND LANDSCAPING (REVISED DETAILS RECEIVED ON 24/04/2017, 04/05/2017, 15/06/2017, 28/06/2017, 13/07/2017, 07/08/2017, 08/08/2017, 14/08/2017, 04/09/2017 AND 04/10/2017) AT PERRYS GROUP (FORD), CHATSWORTH ROAD, CHESTERFIELD, DERBYSHIRE, S40 2BJ FOR LIDL UK GMBH

In accordance with Minute No.299 (2001/2002) Mr A Meikle (objector), Ms L Hopkinson (objector) and Mr C Darley (agent of applicant), addressed the meeting.

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

(A) Time Limit etc

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 Location Plan 1831 P401

- Proposed Site Plan 1831 P409 REV F

- Proposed Surfacing Plan 1831 P411 REV D

- Proposed Boundary Treatments Plan 1831 P412 REV D

- Landscape Details R-1972-2B

- Landscape Masterplan R-1972-1B

- Proposed Elevations 1831 P202

- Proposed Floorplans 1831 P102

- Design and Access Statement

- Planning and Retail Statement

- Ecology Report

- Geo-environmental Appraisal and Additional Ground Reports

- Flood Risk Assessment and Flood History

- Transport Assessment and Travel Plan

- Noise Impact Assessment

- Drainage Strategy (revised 04/05/2017)

- Heritage Statement

- Tree Survey

- Statement of Community Involvement

- Archaeological Desk-Based Assessment (submitted 28/06/2017 and updated 08/08/2017)

- Transport Assessment Addendum (submitted 01/08/2017)

- Bat Surveys (submitted 14/08/2017)

- S106 Pro-Rata Calculation – Highways

Drainage

3. No development shall take place until a detailed design and associated management and maintenance plan of surface water drainage for the site, in accordance with DEFRA Non-statutory technical standards for sustainable drainage systems (March 2015), has been submitted to and approved in writing by the Local Planning Authority. The approved drainage system shall be implemented in accordance with the approved detailed design prior to the use of the building commencing.

4. No building or other obstruction including landscape features shall be located over or within 3.0 (three) metres either side of the centre line of the 100mm/150mm/225mm/450mm/525mm sewers i.e. a protected strip width of (6) metres, that traverse the site, and no building or other obstruction including landscape features shall be located over or within 4.0 (four) metres either side of the centre line of the 450mm sewer i.e. a protected strip width of (8) metres. 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.

5. No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.

6. Surface water from vehicle parking and hardstanding areas shall be passed through an interceptor of adequate capacity prior to discharge. Roof drainage should not be passed through any interceptor.

Site Investigations

7. 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.

Ecology/Lighting

8. Prior to the installation of any external lighting a detailed lighting strategy shall be submitted to and approved in writing by the LPA. Such approved measures must be implemented in full and maintained thereafter.

This is to ensure that a sensitive lighting strategy is designed in line with guidance within Paragraph 125 of the NPPF.

9. Prior to occupation a detailed enhancement strategy that provides details of enhancement measures for 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.

Land Condition/Contamination

10. A. In accordance with the recommendations of the Geo-environmental Appraisal and Additional Ground Reports (prepared by HBPW LLP September 2016 and GD Pickles Ltd dated December 2016 submitted with the application) no development shall commence, with the exception of the demolition of the existing buildings on site, 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. Further site investigation/Phase 2 report (as recommended in the Geo-environmental Appraisal and Additional Ground Reports) to 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 submitted studies, shall be carried out in accordance with current guidance using UKAS accredited methods. All technical data must be submitted to the Local Planning Authority.

ii. 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 i and A ii 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.

Highways

11. Before any other operations are commenced detailed designs for the proposed vehicular and pedestrian access arrangements shall be submitted to the Local Planning Authority for written approval.

12. No development shall take place including any works of demolition 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:

- parking of vehicles of site operatives and visitors

- routes for construction traffic

- hours of operation

- method of prevention of debris being carried onto highway

- pedestrian and cyclist protection

- proposed temporary traffic restrictions

- arrangements for turning vehicles

13. Prior to the development, the subject of the application, being brought into use, the vehicular and pedestrian accesses shall be created/modified in accordance with the approved designs, the subject of Condition 11 above, all areas 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.

14. All existing vehicular and pedestrian accesses to the existing highway made redundant as a result of the proposed development shall be permanently closed with a physical barrier and the footway reinstated in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority.

15. No part of the development shall be taken into use until space has been provided within the site curtilage for the parking/loading and unloading/manoeuvring of staff/customers/service and delivery vehicles (including secure/covered cycle parking), located, designed, laid out and constructed all in accordance with a scheme first submitted to and agreed in writing with the Local Planning Authority and maintained throughout the life of the development free from any impediment to its designated use.

16. The development hereby permitted shall not be commenced until details of secure cycle parking facilities for the occupants of, and visitors to, each phase of development hereby approved have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be fully implemented and made available for use prior to the occupation of the development hereby permitted and shall thereafter be retained for use at all times.

17. There shall be no gates or other barriers within 6.0m of the nearside highway boundary and any gates shall be locked in an open position whilst ever any operations are ongoing on site. Any gates shall also open inwards only, unless otherwise agreed in writing by the Local Planning Authority.

18. No part of the development shall be brought into use 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.

19. 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.

20. No building or use hereby permitted shall be occupied or the use commenced until the Framework Travel Plan (as submitted) comprising immediate, continuing and long-term measures to promote and encourage alternatives to single-occupancy car use has been updated to meet site specific operational requirements, and has been submitted to and been approved in writing by the Local Planning Authority. The approved Travel Plans shall then be implemented, monitored and reviewed in accordance with the agreed Travel Plan Targets.

Others

21. Construction work (inc. demolition works) 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.

22. Deliveries to the food store shall only be made between the hours of 07.00am and 11.00pm Monday to Saturday and between the hours of 08.00am and 5.00pm Sundays/Public Holidays.

23. 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.

24. Within 2 months of commencement of development, unless otherwise agreed in writing by the Local Planning Authority, details of a soft landscaping scheme for the approved development shall be submitted to the Local Planning Authority for consideration.

The required soft landscape scheme shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers; densities where appropriate, an implementation programme and a schedule of landscape maintenance for a minimum period of five years. Those details, or any approved amendments to those details shall be carried out in accordance with the implementation programme.

25. If, within a period of five years from the date of the planting of any tree or plant, that tree or plant, or any tree or plant planted as a replacement for it, is removed, uprooted or destroyed or dies, or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

26. Within 2 months of commencement of development, unless otherwise agreed in writing by the Local Planning Authority, full details of hard 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 building.

27. 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.

28. Development shall not commence until a scheme to provide a shared cycle / footpath connection from the new store cycle park through to Goyt Side Road has been submitted to the Local Planning Authority for consideration. The shared connection route shall be solid bound surfaced and lit. The details agreed in writing by the local planning authority shall be implemented on site and be available for use prior to the store hereby approved being opened. Thereafter the route shall be maintained fit for purpose and free from any impediment to its intended use. Only those details which receive the written approval of the Local Planning Authority shall be carried out on site.

(B) That a CIL Liability Notice be served for £31,280 as per section 5.9.1 of the officer’s report.

· Percent for Art scheme (up to 1% of development costs);

· Appointment of a Management Company to manage and maintain any drainage infrastructure and highways which are not adopted; and

· Highway Contributions consisting of:

- Off-site maximum highway mitigation contribution of £2,650 for modification of the junction of Chatsworth Road with Factory Street.

- Maximum funding of £5000 for investigation into, and any subsequent implementation of, modifications to existing Traffic Regulation Orders.

- Trigger points for payment of contributions.

- Extent of network over which contributions can be applied.

- Indexation, draw-down arrangements and location of account.

- Timeframe over which funds will be available.

- Accumulation of contribution with other developer or public funds.

- Travel Plan monitoring contribution sum of £1,000 per annum for 5 years to a maximum of £5,000.

CHE/17/00625/COU - FULL PLANNING APPLICATION FOR THE CHANGE OF USE TO A HAND CAR WASH AT UNIT 2, WHITTING VALLEY ROAD, OLD WHITTINGTON, CHESTERFIELD, DERBYSHIRE FOR MR MAJED ALI

In accordance with Minute No.299 (2001/2002) Ms S Law (on behalf of the applicant) addressed the meeting.

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. 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 the facility being brought into use, the applicant shall submit a scheme to the local authority for written approval showing parking, turning, bin storage/dwell area and means to prevent water from escaping out onto the public highway. The approved details shall be implemented in full prior to the proposed car wash facility being brought into use.

4. No development shall take place until details of the proposed means of disposal of surface water drainage, including but not exclusive to :-

a) evidence of existing positive drainage to public sewer and the current points of connection; and

b) the means of storing and attenuating the restricting the surface water discharge to public sewer have been submitted to and approved by the Local Planning Authority. Furthermore, unless otherwise approved in writing by the Local Planning Authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works.

5. Surface water run-off from the forecourt of petrol stations, areas used for the delivery of fuel , areas used for and immediately adjacent to vehicle washing facilities and/or other similar areas where detergent is likely to be used shall not discharge to any public surface water sewer network . Surface water from such areas must pass through an oil, petrol and grit interceptor/separator of adequate design that has been submitted to and approved by the Local Planning Authority, before discharge to the public foul or combined sewer network.

6. No development shall take place until amended drainage details have been submitted to the local authority for approval in writing. The submitted details shall show the following;

a) foul and surface water drainage proposals both on and off site;

b) evidence of existing impermeable areas positively draining to the public sewer to prove rate of discharge; and

c) surface water storage and the flow control rate.

CHE/17/00327/FUL - ERECTION OF MOTOR RETAIL DEALERSHIP COMPRISING MOTOR VEHICLE SALES SHOWROOM, MOTOR VEHICLE MAINTENANCE WORKSHOP AND ANCILLARY ROOMS, DETACHED VALET BUILDING, FORMATION OF ACCESS ROADS AND ASSOCIATED HARD AND SOFT LANDSCAPING (REVISED PLANS RECEIVED 24/08/2017) AT VERTU LANDROVER, DISCOVERY WAY, WHITTINGTON MOOR, CHESTERFIELD, DERBYSHIRE S41 9EG FOR VERTU MOTORS PLC

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

(A) Time Limit etc

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.

- Proposed Site Plan - 2711(PL)05.RevB

- Proposed GF and FF Plans – 2711(PL)06.RevB

- Proposed Elevations – 2711(PL)07.RevB

- Indicative 3D Visualisation – 2711(PL)08

- Proposed Valet – 2711(PL)09

- Proposed Drainage - 119669/2003

- Proposed Site levels and Drainage H132-103 Rev C

- CCTV Plan – Q1758-R1

- Design and Access Statement (prepared by McLaren Murdoch & Hamilton Chartered Architects April 2017)

- Flood Risk Assessment (prepared by Fairhurst August 2017)

- Coal Mining Risk Assessment (prepared by Fairhurst August 2017)

- Due Diligence Report (prepared by Remedios March 2016)

Site Investigations

3. 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.

Land Condition/Contamination

4. 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.

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.

Highways

5. No development shall take place including any works of demolition 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:

- parking of vehicles of site operatives and visitors

- routes for construction traffic

- hours of operation

- method of prevention of debris being carried onto highway

- pedestrian and cyclist protection

- proposed temporary traffic restrictions

- arrangements for turning vehicles

6. Prior to the development, the subject of the application, being brought into use, the vehicular and pedestrian accesses shall be created/modified in accordance with the approved designs all areas 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.

7. No part of the development shall be taken into use until space has been provided within the site curtilage for the parking/loading and unloading/manoeuvring of staff/customers/service and delivery vehicles (including secure/covered cycle parking), located, designed, laid out and constructed all in accordance with a scheme first submitted to and agreed in writing with the Local Planning Authority and maintained throughout the life of the development free from any impediment to its designated use.

8. The development hereby permitted shall not be occupied until the cycle parking facilities have been fully implemented and made available for use prior to the occupation of the development hereby permitted and shall thereafter be retained for use at all times.

Landscaping

9. 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.

Other

10. 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.

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. 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.

(B) That a S106 agreement be negotiated and signed concurrent with the planning permission and relating to:

· Percent for Art scheme (up to 1% of development costs).

Supporting documents: