Agenda and minutes

Planning Committee
Monday, 23rd September, 2019 3.00 pm

Venue: Committee Room 1, Town Hall, Rose Hill, Chesterfield S40 1LP

Contact: Charlotte Kearsey  01246 345236

Items
No. Item

43.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Brady and Gilby.

44.

Declarations of Members' and Officers' Interests Relating to Items on the Agenda

Minutes:

Councillor G Falconer declared an interest in agenda item 4(3) (CHE/19/00341/FUL - Removal of multiple garages and erection of 6 self contained single storey assisted living bungalows and 6 self contained assisted living apartments over 2 storeys with through road linking Bank Street and Chester Street at Garage Site, Bank Steet, Chesterfield) as she had a closed mind on the application.

 

Councillor P Mann declared an interest in item 4(7) (CHE/19/00159/REM - Approval of reserved matters of CHE/15/00755/OUT - residential development of 29 dwellings – revised plans received 08/05/2019, 13/05/2019, 13/06/2019, 23/08/2019 and 10/09/2019 at land to the west of Bevan Drive, Inkersall, Chesterfield, Derbyshire for Wildgoose Homes) as he had been strongly opposed to development at this site.

 

45.

Minutes of Planning Committee pdf icon PDF 106 KB

Minutes:

RESOLVED -

 

That the Minutes of the meeting of the Planning Committee held on 12 August, 2019 be signed by the Chair as a true record.

46.

Applications for Planning Permission - Plans Determined by the Committee pdf icon PDF 30 KB

Additional documents:

Minutes:

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

 

CHE/19/00199/FUL - PROPOSED ERECTION OF A FREESTANDING TWO STOREY RESTAURANT WITH DRIVE-THRU (A3/A5), CAR PARKING, LANDSCAPING AND ASSOCIATED WORKS INC. INSTALLATION OF 2 NO. COD (CUSTOMER ORDER DISPLAYS) WITH ASSOCIATED CANOPIES (REVISED PLANS / DETAILS RECEIVED 24/06/2019, 08/08/2019, 16/08/2019, 28/08/2019 AND 03/09/2019) AT LAND ADJ TO THE ROYAL MAIL DEPOT, WEST BARS, CHESTERFIELD, DERBYSHIRE FOR MCDONALDS RESTAURANTS LTD

 

In accordance with Minute No. 299 (2001/2002) Councillor Nick Redihough (objector) and Mr Mathew Carpenter (applicant’s agent) addressed the meeting.

 

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

 

In the opinion of the local planning authority the development is not acceptable having regard to the following likely impacts:

 

a.   The impact on highway safety having regard to the free flow of traffic on the West Bars roundabout and the adjacent roads taking account of how busy the site is likely to be and the space available on site for vehicle stacking;

b.   The environmental problem arising from an increase in littering in the local area;

c.   The contribution to a social health and wellbeing concern arising from a fast food outlet and the likely impact on obesity within the Borough of Chesterfield.

 

The development is thereby considered to be contrary to the Chesterfield Core Strategy policy CS2 and CS18 and the wider requirements of the 2019 National Planning Policy Guidance.

 

CHE/19/00457/FUL-  PROPOSED REMOVAL OF GARDEN WALL TO CREATE HARD STANDING DRIVEWAY AT 599 CHATSWORTH ROAD, CHESTERFIELD S40 3JY, FOR MR STEVEN HUMPHREYS

 

In accordance with Minute No. 299 (2001/2002) Mrs Carol Sadler (objector) 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.  The development hereby approved shall only be carried out in full accordance with the approved plan with the exception of any approved non material amendment.

 

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

 

4.  No development hereby approved by this permission shall be commenced until a scheme for the provision of surface water drainage has been submitted to and approved in writing by the Local Planning Authority. The hardstanding shall not be brought in to use until the drainage is completed in accordance with the details agreed and will remain in place for the lifetime of the development.

 

Councillor G Falconer had declared an interest in the following item and left the meeting at this point.

 

CHE/19/00341/FUL - REMOVAL OF MULTIPLE GARAGES AND ERECTION OF 6 SELF CONTAINED SINGLE STOREY ASSISTED LIVING BUNGALOWS AND 6 SELF CONTAINED ASSISTED LIVING APARTMENTS OVER 2 STOREYS WITH THROUGH ROAD LINKING BANK STREET AND CHESTER STREET AT GARAGE SITE, BANK STEET, CHESTERFIELD

 

In accordance with Minute No. 299 (2001/2002) Mr Ashton (objector) and Councillor Keith Falconer (objector) addressed the meeting.  ...  view the full minutes text for item 46.

47.

Applications for Planning Permission - Plans Determined by the Development Management and Conservation Manager (P140D) pdf icon PDF 43 KB

Additional documents:

Minutes:

*The Development Management and Conservation Manager reported that pursuant to the authority delegated to him, he had determined the under-mentioned applications subject to the necessary conditions:-

 

(a)   Approvals

 

CHE/19/00016/RET

Retention of installation of ATM installed through a steel security panel to the left-hand side of the shop front at 227 Manor Road Brimington Derbyshire S43 1NS for Notemachine UK Ltd

 

CHE/19/00017/ADV

Integral illumination and screen to the ATM fascia and internally illuminated Free Cash Withdrawals sign above the ATM and blue LED halo illumination to the surround at 227 Manor Road Brimington Derbyshire S43 1NS for Notemachine UK Ltd

 

CHE/19/00157/FUL

Erection of a mixed use retail/leisure development comprising of a main leisure/retail bar and restaurant (use classes A1, A2, A3, A4 & A5), business centre and associated offices/office facilities (use classes B1, D1, D2 with access, and car parking/servicing, landscaping and provision of a new public walkway along the southern boundary.  (Additional information received 25th July 2019, 05 August 2019, 15 August and 22 August 2019) at former Derbyshire Fire and Rescue Station Sheffield Road Whittington Moor S41 8LF for Blue Deer Ltd

 

CHE/19/00252/ADV

Halo lit triple aspect aluminium composite fascia panels at 33 St Marys Gate Chesterfield Derbyshire S41 7TJ for Martin and Co Chesterfield

 

CHE/19/00253/FUL

Single storey rear extension with balcony over at 43 Woodmere Drive Old Whittington Derbyshire S41 9TE for Mr Gavin Leverett

 

CHE/19/00284/LBC

Listed Building Consent for installation of temporary internal ply security screens to the ground floor and easily accessible first floor windows at Tapton House Brimington Road Tapton S41 0TD for Chesterfield Borough Council

 

CHE/19/00310/FUL

Single storey attached garage to the side at 7 Raneld Mount Walton S40 3RE for Mr Stephen Pledger

 

CHE/19/00319/REM1

Variation of condition 2 (changes to internal layout) of CHE/18/00144/FUL (Conversion of the Grade II listedbuilding to 10 residential apartments at first and second floor and refurbishment of ground floor (former Post Office) A1 unit with change of use to include A1- A3 uses. Works to include partial demolition of rear single storey structures and brick service flue, internal alterations and upgrades, with proposed new residential access stair to the rear courtyard to connect to the existing stairs at first floor level at former Chesterfield Post Office 1 Market Place Chesterfield Derbyshire S40 1TL for Mr Nav Kalkat

 

CHE/19/00320/LBC

Listed Building Consent for the conversion of the Grade II listed building to 10 residential apartments at first and second floor. Works to include internal alterations and upgrades, with proposed new residential access stair to the rear courtyard to connect to the existing stairs at first floor level (revised window strategy received 13.08.2019) at former Chesterfield Post Office 1 Market Place Chesterfield Derbyshire S40 1TL for Mr Nav Kalkat

 

CHE/19/00334/RET

Widening of existing entrance to the driveway (already approved) and creation of a second opening at the opposite side; addition of small (open sided) entrance porch for ease of access and egress with corresponding smaller pitch front addition to garage; 3 smaller roof windows installed to replace the previously approved  ...  view the full minutes text for item 47.

48.

Applications to Fell or Prune Trees (P620D) pdf icon PDF 43 KB

Additional documents:

Minutes:

*The Development Management and Conservation Manager reported that pursuant to the powers delegated to him he had determined the under-mentioned applications in respect of:-

 

 

(a)   The felling and pruning of trees:-

 

  CHE/19/00420/TPO

 

Consent is refused to the pruning of one Oak tree reference T2 on the Order map for Mrs Riley of 10 Dorothy Vale, Ashgate.

 

Consent is granted to the crown lifting of the tree by 4 metres and the crown thinning by 25%.

 

CHE/19/00454/TPO

 

Consent is granted to the pruning of one Oak tree reference T1 on the Order map for Mrs Marper of 14 Dorothy Vale, Ashgate.

 

CHE/19/00463/TPO

 

Consent is refused to the crown reduction of two Lawson Cypress trees reference T9 and T10 on the Order map for Mrs Wagstaffe of 11 Westfield Close, Brampton.

 

CHE/19/00522/TPO

 

Consent is granted to the coppicing of 5 Willow trees within W1 on the Order map for Miss Ward on land adjacent to 7 Marine Drive, Piccadilly.

 

CHE/19/00480/TPO

 

Consent is refused to the felling of two Ash trees and the crown reduction of four Ash trees within G1 on the Order map for Mr Walters of Oldfield Farm, Wetlands Lane, Brimington.

 

CHE/19/00499/TPO

 

Consent is granted to the pruning of one Poplar tree reference T1 on the Order map for Gary McCarthy on behalf of Chesterfield Borough Council on land to the rear of 36 Bellhouse Lane, Lowgates.

 

CHE/19/00516/TPO

 

Consent is granted to the pruning of one Oak tree reference T2 on the Order map for Ted Firth on behalf of Chesterfield Borough Council at 21 Spring Wood Close, Dunston.

 

CHE/19/00500/TPO

 

Consent is granted to the pruning of three Ash trees reference T13, T14 & T15 on the Order map for Gary McCarthy on behalf of Chesterfield Borough Council at Staveley War Memorial Gardens.

 

CHE/19/00488/TPO

 

Consent is granted to the felling of two Yew trees and the pruning of two Yew trees within G2 on the Order map for Mr Kirby of 96 Mansfield Road, Hasland.

 

CHE/19/00484/TPO

 

Consent is granted to the pruning of 3 tree reference T11, T12 and T13 Ash on the Order Map and which are situated to the rear of 42 The Meadows and 2 Foxbrook Close, Ashgate for Taylor Wimpey Yorkshire.

 

(b)   Notification of Intent to Affect Trees in a Conservation Area

 

CHE/19/00529/CA

The felling of one Sycamore tree due to the decline in the trees health for Mr Mark Wilson on behalf of Derbyshire County Council Highways.

Agreement to the felling of one Sycamore tree. The felling will have no adverse effect on the amenity value of the area.

 

The tree is within the Town Centre Conservation Area and the applicant wishes to fell the tree which is located in public footpath on Holywell Street due to its slow decline and safety issues.

 

CHE/19/00545/CA

The re-pollarding of one Willow tree for Heathscapes at 63 Rutland Road.

Agreement to the re-pollarding of one Willow tree. The pruning will have no adverse effect on the amenity value of the area.

 

The tree is within the  ...  view the full minutes text for item 48.

49.

Appeals Report (P000) pdf icon PDF 45 KB

Additional documents:

Minutes:

The Development Management and Conservation Manager reported on the current position in respect of appeals which had been received.

 

*RESOLVED -

 

That the report be noted.

50.

Enforcement Report (P410) pdf icon PDF 83 KB

Minutes:

The Local Government and Regulatory Law Manager and the Development Management and Conservation Manager submitted a joint report on the current position regarding enforcement action which had been authorised by the Council.

 

*RESOLVED -

 

That the report be noted.

51.

Planning Agreement Report pdf icon PDF 405 KB

Minutes:

The Local Government and Regulatory Law Manager and the Development Management and Conservation Manager submitted a joint report to inform members about outcome of planning agreements which had been authorised and to summarise the terms of completed agreements.

 

*RESOLVED –

 

That the report be noted.

52.

Local Government Act 1972 - Exclusion of Public

To move “That under Section 100(A)(4) of the Local Government Act, 1972 the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph   of Part I of Schedule 12A of the Act.”

 

Part 2 (Non Public Information)

Minutes:

RESOLVED –

 

That under Section 100(A)(4) of the Local Government Act 1972 the public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 6a of Part 1 of Schedule 12A of the Act.

53.

Northmoor View Appeal Decision

Minutes:

The Local Government and Regulatory Law Manager submitted a report considering legal advice obtained on the appeal decision relating to the planning application CHE/18/00532/OUT – Residential development of 150 dwellings on land west of Northmoor View, Brimington.

 

RESOLVED –

 

That the report be noted.

54.

Unauthorised works associated with loft conversion/extension at 2 York Street, Hasland, Chesterfield

Minutes:

The Development Management and Conservation Manager submitted a report on the unauthorised developments at 2 York Street, Hasland.

 

*RESOLVED –

 

1.   That authority be granted for the issue of a Breach of Condition Notice requiring the removal of the balcony, canopy and french doors at 2 York Street, Hasland, Chesterfield, Derbyshire in compliance with conditions 1 and 2 of CHE/17/00800/FUL.

 

2.   That the period for compliance be three months.

55.

Unauthorised development at 10 Pottery Lane West, Chesterfield, Derbyshire

Minutes:

The Development Management and Conservation Manager submitted a report on the unauthorised developments at 10 Pottery Lane West, Chesterfield, Derbyshire.

 

*RESOLVED –

 

1.   That authority be granted for the issue of an Enforcement Notice requiring the removal of the unauthorised metal structure mounted on top of the structural concrete block located in the rear garden area of 10 Pottery Lane West, Chesterfield, Derbyshire.

 

2.   That the period for compliance be 28 days.