*The Committee considered the under-mentioned applications in light of reports by the Development Management and Conservation Manager and resolved as follows:-
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) Mrs Pam Wright (objector), Mr Kevin Pratt (objector), Councillor Andy Bellamy (ward member), Councillor Tricia Gilby (ward member) and Mr Roland Bolton (agent for the applicant) addressed the meeting. As agreed prior to the meeting, the four parties speaking against, and the one party in support, of the application had the same total amount of time to address the meeting (12 minutes).
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 and it is therefore unacceptable.
2. The development proposals 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 and for this reason they are unacceptable.
3. Overall 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 the Local Planning Authority hold monitoring records that show the Air Quality Standard (AQS) being breached, and the levels of traffic pollution increasing. The LPA dispute the applicants interpretation that the impacts of the development proposed are ‘negligible’. Given this opinion 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 181.
In accordance with Minute No. 299 (2001/2002) Craig Alleston (applicant’s representative) were present to answer questions from the committee.
Time Limit etc
(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 (listed below) with the exception of any approved non material amendment.
2584 0001 - Topographical and Utility Survey
7525-101 – Site Location Plan
Design Statement by CBC Design Services (dated Oct 2018)
Ground Investigation by Nicholls Colton Group (dated August 2018)
Preliminary Ecological Appraisal by Whitcher Wildlife Limited (dated July 2018)
Design Statement Rev A by CBC Design Services (dated Nov 2018)
Arboricultural Report and Impact Assessment by EMEC Arboriculture (dated Oct 2018)
7525-102C – Proposed Site Plan
7525-103C Option 1 – The Rockingham House Type
7525-103C Option 2 – The Rockingham House Type
7525-104C Option 1 – The Thetford House Type
7525-104C Option 2 – The Thetford House Type
7525-105C – The Holt House Type (Style 1)
7525-106C – The Holt House Type (Style 2)
7525-107C – The Thetford House Type (Style 2)
7525-108C – The Cardinham House Type
7525-109C – Proposed
7525-109D – Proposed Site Plan
7525-110 – Existing Site Entrance Layout
7525-111 – Proposed Site Entrance Layout
7525-112 – New Road and Footway Alteration
M2-Sketch Drainage B – Indicative Drainage Details
HEA-AWP-S38-XX-SK-C-0001 P4 VEHICLE TRACKING (SHEET 1) – Fire Appliance
HEA-AWP-S38-XX-SK-C-0002 P5 VEHICLE TRACKING (SHEET 2) – Refuse Vehicle Option 1
HEA-AWP-S38-XX-SK-C-0003 P3 VEHICLE TRACKING (SHEET 3) - Refuse Vehicle Option 2
3. No development shall take place until details of the proposed means of disposal of surface water drainage, including details of any balancing works and off -site works, have been submitted to and approved by the Local Planning Authority.
If discharge to public sewer is proposed, the information shall include, but not be exclusive to:-
a) evidence to demonstrate that surface water disposal via infiltration or watercourse are not reasonably practical;
b) evidence of existing positive drainage to public sewer and the current points of connection;
c) the means of restricting the discharge to public sewer to the existing rate less a minimum 30% reduction, based on the existing peak discharge rate during a 1 in 1 year storm event, to allow for climate change; and
d) details of either the proposed diversion of the public sewer which crosses the site and its easement protection which accords with the requirements of Yorkshire Water Services, or confirmation of a build over agreement approved with Yorkshire Water Services.
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.
4. 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 appropriate interpretation of these results have been agreed. 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.
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. The premises, the subject of the application, shall not be occupied/taken into use until the site access/exit has been modified in accordance with the revised and approved application drawings to be provided with exit visibility sightlines (as shown) to the nearside carriageway channel in each direction and all areas in advance of the sightlines being over controlled land/existing highway and maintained clear of any obstructions greater than 1.0m in height (600mm in the case of vegetation) relative to the same channel level.
7. The premises, the subject of the application, shall not be occupied/taken into use until space has been provided within the application site in accordance with the revised and approved application drawings for the parking/loading and unloading/manoeuvring of residents/visitors/staff/customers/ service and delivery vehicles, laid out, surfaced and maintained throughout the life of the development free from any impediment to its designated use.
8. Prior to the commencement of the development, a scheme for the protection of the retained trees, in accordance with BS 5837:2012, including a tree protection plan(s) (TPP) and an arboricultural method statement (AMS) shall be submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be implemented in strict accordance with the approved details.
Specific issues to be dealt with in the TPP and AMS inc:
a) Location and installation of services/utilities/drainage.
b) Details of construction within the RPA or that may impact on the retained trees.
c) A full specification for the construction of any hard landscaping and footways, including details of any no-dig specification and extent of the areas hard landscaping and footpaths to be constructed using a no-dig specification. Details shall include relevant sections through them.
d) A specification for protective fencing to safeguard trees during construction phases and a plan indicating the alignment of the protective fencing.
e) A specification for scaffolding and ground protection within tree protection zones.
f) Tree protection during construction indicated on a TPP and construction and construction activities clearly identified as prohibited in this area.
g) Details of site access, temporary parking, on site welfare facilities, loading, unloading and storage of equipment, materials, fuels and waste as well concrete mixing and use of fires
9. No vegetation clearance works shall take place between 1st March and 31st August inclusive, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period, and details of measures to protect the nesting bird interest on the site, have first been submitted to and approved in writing by the local planning authority and then implemented as approved.
10. Prior to the commencement of development, a biodiversity enhancement strategy as outlined in the ecology report shall be submitted to and approved in writing by the Council, to ensure no net loss for biodiversity and aim for a net gain (NPPF 2018). Such approved measures should be implemented in full and maintained thereafter. Measures may include:
- details of bird and bat boxes will be clearly shown on a plan (positions/specification/numbers).
- hedgehog connectivity measures will be clearly shown on a plan, such as small fencing gaps (130 mm x 130 mm), railings or hedgerows.
- summary of ecologically beneficial landscaping (full details to be provided in Soft Landscape Plans).
11. Within 2 months of commencement of development 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 dwellings.
12. Within 2 months of commencement of development 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.
13. 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.
14. 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.
15. 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.
16. Upon commencement of development the applicant shall submit a 'Percent For Art' scheme which details the commissioning and provision of public art (up to the value of 1% of the overall development costs) within the application site boundary. Only the approved piece of public art shall be installed on site in accordance with the approved scheme and an approved timescale agreed in writing by the Local Planning Authority. The approved artwork installed on site shall be retained in situ as such for the life of the development.
(B) That a CIL Liability Notice be served for £53,989 as detailed in section 5.9.2 of the officer’s report.