Agenda and draft minutes

Planning Committee - Monday, 6th December, 2021 1.00 pm

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

Contact: Amanda Clayton  01246 345237

Items
No. Item

64.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Callan, Catt, Falconer and Marriott

65.

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

Minutes:

Diversion of Public Rights of Way (footpaths) at Northmoor View, Brimington, Chesterfield (P850):

 

Councillor Terry Gilby declared an interest in this matter as he is a nearby resident.

 

66.

Minutes of Planning Committee pdf icon PDF 132 KB

Planning Committee                                       15th November, 2021

Minutes:

RESOLVED -

 

That the Minutes of the meeting of the Planning Committee held on 15th November, 2021 be signed by the Chair as a true record.

67.

Applications for Planning Permission - Plans Determined by the Committee pdf icon PDF 99 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/20/00017/FUL - CONVERSION AND CHANGE OF USE OF BRAMPTON MANOR TO FORM 4 APARTMENTS, CONVERSION AND CHANGE OF USE OF THE CLUB HOUSE TO A SINGLE APARTMENT AND CONVERSION OF THE BARN TO THREE GARAGES AND DEMOLITION OF THE EXISTING REAR KITCHEN EXTENSION TO BRAMPTON MANOR. REVISED DOCUMENTS AND DESCRIPTION 23.02.2020. REVISED DRAWINGS RECEIVED 12.02.2021 AT BRAMPTON MANOR, 107 OLD ROAD FOR HP GENERAL PARTNER LTD.

 

AND

 

CHE/20/00018/LBC - LISTED BUILDING CONSENT FOR CONVERSION AND CHANGE OF USE OF BRAMPTON MANOR TO FORM 4 APARTMENTS, CONVERSION AND CHANGE OF USE OF THE CLUB HOUSE TO A SINGLE APARTMENT AND CONVERSION OF THE BARN TO THREE GARAGES AND DEMOLITION OF THE EXISTING REAR KITCHEN EXTENSION TO BRAMPTON MANOR.  REVISED DOCUMENTS AND DESCRIPTION 23.02.2020.  REVISED DRAWINGS RECEIVED 12.02.2021 AT BRAMPTON MANOR, 107 OLD ROAD FOR HP GENERAL PARTNER LTD.

 

In accordance with Minute No. 299 (2001/2002) Mr Craig Lynch (tenant) addressed the meeting

 

In accordance with Minute No. 299 (2001/2002) Mr Simon White (applicant’s agent) addressed the meeting

 

That the officer recommendation be upheld and the application be approved subject to the following conditions and that a CIL liability notice be issued as per section 5.11 of the officer’s report:-

 

PLANNING PERMISSION CHE/20/00017/FUL 

 

A.

 

1.  The development hereby permitted 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 plans (listed below) with the exception of any approved non material amendment or condition on this planning permission or associated listed building consent CHE/20/00018/LBC. All external dimensions and elevational treatments shall be as shown on the approved plan/s (listed below).

 

        Heritage Statement received 02.06.2021 dated May 2021

        Stud wall and Fireplace Investigation Methodology dated August

2021 received 06.08.2021

        Phase 1 Environmental Assessment dated 24.07.2018 received 23.02.2020

        Extended Phase 1 Habitat Survey dated September 2018 received 09.01.2020

        Day Time Bat Survey dated 2018 received 09.01.2020

        Archaeological Desk Top Assessment received 09.01.2020

        Site location plan 00001 Rev P01

        Proposed first floor fire strategy 111 Rev P03 received 06.08.2021

        Proposed second floor plan 1310 Rev P02 received 06.08.2021

        Proposed second floor fire strategy plan 1311 received 06.08.2021

 

3.  Notwithstanding the submitted plans works to Brampton Barn shall take place in strict accordance with the Scheduled Monument Consent only and shall be completed prior to any other works taking place on the wider site including the buildings to which this permission relates.

 

4.  Prior to any works commencing, other than to Brampton Barn (Condition 3 above), a structural survey shall be carried out, by a suitably qualified heritage expert, on the Grade II* Gazebo and a schedule of repairs submitted to and approved in writing by the Local Planning Authority. The agreed repair works shall be completed prior to the occupation of any of the  ...  view the full minutes text for item 67.

68.

Applications for Planning Permission - Plans Determined by the Development Management and Conservation Manager (P140D) pdf icon PDF 6 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/21/00256/FUL     Side extension to existing factory at Highlands Place, Units 1 - 4 Foxwood Road, Sheepbridge S41 9RN for Direct Engineering Ltd.

CHE/21/00338/FUL     Demolition of garage and porch; erection of side extension containing; glazed link and double garage; erection of a single-storey extension attached to the rear of the garage (providing utility, WC and garden room) and alterations to front wall. (Revised Car Port Drawings received 22.10.2021) at Long Cottage 79 High Street Old Whittington S41 9LA for Mr Jon Carr.

CHE/21/00339/LBC     Demolition of an existing garage and lean-to glazed porch; erection of a new side extension containing a glazed link and double garage; erection of a single-storey extension attached to the rear of the garage (providing utility, WC and garden room), and alterations to the existing front wall. (Revised Car port drawings received 22.10.2021.) at Long Cottage, 79 High Street, Old Whittington S41 9LA for Mr Jon Carr.

CHE/21/00407/FUL     Construction of a retaining wall to level off area of scrub/wasteland to provide a level area for storage at the rear of the building at Bio8 Ltd, Mcgregors Way, Chesterfield S40 2WB for Bio8 Ltd.

CHE/21/00496/FUL     Two storey side extension forming enlarged kitchen living area at ground floor with additional bedroom at first floor and relocated bathroom at 34 Acacia Avenue, Hollingwood S43 2JE for Simone Bradbury.

CHE/21/00522/FUL     Change of use of Unit A from previous motor trade/retail use to a storage facility with trade counter for trade and retail sales (B8 use), with associated alterations and extension at 450 Sheffield Road, Whittington Moor S41 8LF for Peppermint Grove Ltd.

CHE/21/00530/LBC     Replacement of windows and render at Manor House, 84 Whittington Hill, Old Whittington S41 9HA for Mrs Linda Banks.

CHE/21/00542/FUL     Change of use of the former Rising Sun restaurant (Class E formerly A3) to a bar ( Sui Generis-Formerly Class A4) with ancillary food, new shop front, alterations to existing lean to rear extension and development of existing rear garden  -  Revised Drawings received 08.10.2021 at 3 Holywell Street, Chesterfield S41 7SA for Mr David Gaine.

CHE/21/00543/ADV     Internally illuminated fascia sign, illuminated projecting sign and window film signage  -  Revised Drawings received 08.10.2021 at 3 Holywell Street, Chesterfield S41 7SA for Mr David Gaine.

CHE/21/00552/FUL     First floor side extension, pitched roof over existing garage and erection of a front porch (amended plans received 24.09.2021) at 35 Netherfield Road, Somersall, Derbyshire S40 3LS for Mr D Fitzparick.

CHE/21/00560/FUL     Installation of a wood fired pizza oven, to include a flu to extract from the ground floor, through the first floor and out of the roof of the building. At Unit 25 Vicar Lane, Chesterfield, Derbyshire S40 1PY for Mr Ricky Marples.

CHE/21/00590/FUL     Replacement of flat roof over existing two storey side extension with new pitched roof and single storey rear extension at 53 The Green, Hasland, Derbyshire  ...  view the full minutes text for item 68.

69.

Applications to Fell or Prune Trees (P620D) pdf icon PDF 6 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/21/00812/TPO

 

Consent is granted to the pruning of one London Plane tree reference T1 on the Order map for Mr Handley at Stand Road Industrial Estate, Whittington Moor.

 

CHE/21/00756/TPO

 

Consent is granted to the pruning of Oak trees within W1 on the Order map which are located along the west boundary of 25 Aviemore, Close, New Whittington for CBC Leisure Services.

 

CHE/21/00745/TPO

 

Consent is granted to the pruning of trees within G2 & G3 on the Order map for Mr Hunt at land to the rear of 57 Moorland View Road, Walton.

 

CHE/21/00773/TPO

 

Consent is granted to the pruning of 9 trees reference T1 & T3 Lime, T2 Horsechestnut and T4-9 Sycamore on the Order Map and which are situated in the grounds of the Chesterfield Lawn Tennis Club, Hawksley Avenue.

 

CHE/21/00733/TPO

 

Consent is granted to the felling of one Copper Beech tree reference T1 on the Order map for Mr Hooper of 1 Oakfield Avenue, Somersall, with a duty to plant a new tree in the first available planting season after felling

 

CHE/21/00718/TPO

 

Consent is refused to the felling of one Ash tree reference T1 on the Order map for Acme Arb Ltd on behalf of 96 Boythorpe Road, Chesterfield. It is agreed that the tree does have Ash dieback but not to such a degree that the tree requires felling at this stage.

 

 

 

 

 

 

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

 

CHE/21/00767/CA

The pruning of one London Plane tree to the frontage of 6 Central Pavements

Agreement to the pruning of one London Plane tree.  The pruning of the tree will have no adverse effect on the amenity value and character of the area.

 

The tree is within the Town Centre Conservation Area and the applicant wishes to reduce branches growing towards the property to give a 2 metre clearance from the structure. 

 

CHE/21/00808/CA

The pruning of one Conifer tree to the frontage of 27 Porter Street, Staveley

 

 

 

 

 

 

 

CHE/21/00701/CA & CHE/21/00702/CA The felling and replacement of 4 Hornbeam trees and 2 Apple trees.

Also the pruning of 4 Hornbeam, 1 Whitebeam, 4 Rowan, 2 Plum, 2 Birch and 1 Apple at Portland Close, Chesterfield.

 

 

 

 

Agreement to the pruning of one Conifer tree.  The pruning of the tree will have no adverse effect on the amenity value and character of the area.

 

The tree is within the Staveley Conservation Area and the applicant wishes to reduce the tree by 50% and trim the sides away from the property.

 

Agreement to the felling/pruning of trees.  The felling and pruning of the trees will have no adverse effect on the amenity value and character of the area and new tree and shrub planting in different locations will add to the visual amenity of the area.

 

The trees are within the Abercrombie Street Conservation Area and the applicant wishes to fell  ...  view the full minutes text for item 69.

70.

Appeals Report (P000) pdf icon PDF 7 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.

71.

Enforcement Report (P410) pdf icon PDF 175 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.

72.

Diversion of Public Rights of Way (footpaths) at Chesterfield Canal, Chesterfield (P850) pdf icon PDF 144 KB

Additional documents:

Minutes:

The Development and Conservation Manager submitted a report to consider routes of the footpaths and bridleway known as the Trans Pennine Trail in Staveley which had been affected by the restoration of the Chesterfield Canal and to seek permission for formal diversion orders.

 

*RESOLVED –

 

1. That the Council makes two orders under Section 257 of the Town and Country Planning Act 1990 as described in this report to divert:


Order 1: routes to east of Staveley Basin and Eckington Over bridge
(a) the public footpath Staveley FP1(part), Staveley FP50 and Trans Pennine Trail (part);
(b) the public footpath Staveley FP71 (part);
(c) the Trans Pennine Trail (part) and Staveley Bridleway 48 (part).

Order 2: routes in vicinity of River Doe Lea and Norbriggs Cutting
(a) The public footpath Staveley FP71 (part) and
(b) The public footpath Staveley FP21 (part)

2. That the Development Management & Conservation Manager be authorised to adjust the path routes within the proposed diversion orders as appropriate following Derbyshire County Council comments as Highway Authority.

 

73.

Diversion of Public Rights of Way (footpaths) at Peak Resort, Chesterfield (P850) pdf icon PDF 148 KB

Additional documents:

Minutes:

The Development and Conservation Manager submitted a report to consider works undertaken in relation to the Stopping Up Order which closes and diverts the bridleway and footpaths crossing the Peak Resort site and the creation of new routes on the site perimeter and to consider the need for a further Diversion Order.

 

*RESOLVED –

 

1.     That the Council makes an order under Section 257 of the Town and Country Planning Act 1990 as described in this report to divert:

(a) the Chesterfield bridleway BW208 (part) which runs into NEDDC at the north west corner of the Peak Resort site and

(b) the Chesterfield bridleway BW208 (part) located at the former golf course entrance in the north east corner of the Peak Resort site and

(c) the Chesterfield bridleway BW207 (part), Chesterfield Footpath FP178 and Chesterfield bridleway BW39 (part) located at the Peak Resort site entrance at the south east corner of the site.

 

2. That subject to approval by North East Derbyshire District Council the part of the proposed order within that authority’s area be included in the order made by this Council.

 

3. That the Development Management & Conservation Manager be authorised to adjust the path routes within the proposed diversion order as appropriate following comments of North East Derbyshire District Council as the authority for that area and/or Derbyshire County Council as Highway Authority.

 

4. That the public path Order made on 29th May 2018 be withdrawn.

 

74.

Diversion of Public Rights of Way (footpaths) at Northmoor View, Brimington, Chesterfield (P850) pdf icon PDF 137 KB

Additional documents:

Minutes:

Councillor Gilby left the room for this item.

 

The Development and Conservation Manager submitted a report to consider routes of the Footpaths Brimington FP16 and FP17 which had been affected by the development of 150 houses on land off Chesterfield Road and Northmoor View and to seek permission for formal diversion orders.

 

*RESOLVED –

 

1.    That the Council makes an order under Section 257 of the Town and Country Planning Act 1990 as described in this report to divert:


(a) the public footpath Brimington FP17 (part) which runs between Northmoor View and Chesterfield Road and

(b) the public footpath Brimington FP16 (part) which runs between Cotterhill Lane to where it joins Brimington FP 17.

 

2.    That the Development Management & Conservation Manager be authorised to adjust the path routes within the proposed diversion orders as appropriate following Derbyshire County Council comments as Highway Authority.