Agenda item

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

 

CHE/19/00116/REM - RESERVED MATTER APPLICATION FOR APPROVAL OF LAYOUT, SCALE, APPEARANCE AND LANDSCAPING OF THE OFFICE BUILDING WITHIN BASIN SQUARE PURSUANT TO CHE/18/00626/REM1 ON LAND EAST OF A61 KNOWN AS CHESTERFIELD WATERSIDE, BRIMINGTON ROAD, TAPTON, CHESTERFIELD, DERBYSHIRE FOR CHESTERFIELD WATERSIDE LTD.

 

In accordance with Minute No. 299 (2001/2002) Mr Peter Swallow of Chesterfield Waterside (applicant) addressed the meeting.

 

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

 

1.  All external dimensions and elevational treatments shall be as shown on the approved plans/documents (listed below) with the exception of any approved non material amendment.

 

Site Layout

 

·          Site Location Plan – CWD-BBA-01-ZZ-DR-A-1100 rev P01

·          Floor Plans (levels 00,01,02,03) – CWD-BBA-01-ZZ-DR-A-2100 rev P01

·          Floor Plans (levels 04,05,06,RF) – CWD-BBA-01-ZZ-DR-A-2101 rev P03

·          Proposed Site Plan – CWD-ALA-00-XX-DR-L-0004 rev P01

·          Elevations Sheet 2 - CWD-BBA-01-ZZ-DR-A-3102 rev P03

·          Elevations Sheet 1 - CWD-BBA-01-ZZ-DR-A-3101 rev P03

·          Site Sections - CWD-BBA-01-ZZ-DR-A-4101 rev P02

·          Site Sections - CWD-BBA-01-ZZ-DR-A-4102 rev P02

·          Illustrative Plan - CWD-ALA-00-XX-DR-L-0004 rev P02

·          Landscaping Plan - XXX-ALA-00-XX-DR-L-0001 rev P01

·          Planting Plan - CWD-ALA-00-XX-DR-L-0002 rev P01

·          Proposed Highway Works A – 05/004 rev V06

·          Proposed Highway Works B – 05/005 rev V05

·          Access junction Swept Path Analysis – 05/006 rev V04

 

Supporting Documents

 

·          BREEAM Pre Assessment Summary report  by 3 Planets dated 27/02/18

·          Preliminary Energy Assessment report by SDA dated Oct 2017

·          EIA Screening report by Avison Young dated Feb 2019

·          Planning Statement by Avison Young dated Feb 2019

·          Design and Access Statement by Bond Bryan Architects dated 17/05/2019

·          Landscape Design and Access Statement  by Ares Landscape Architects dated April 2018

·          Technical Note – access proposal and car park strategy by Curtins dated 15/02/19

·          Ecology Advice Note by Bowland Ecology Ltd dated 25/01/18

 

2.  Before ordering of external materials takes place, precise specifications or samples of the walling, podium roofing and glazing 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.

 

3.  Prior to any works taking place a Construction Management Plan shall be submitted showing space to be provided for storage of plant and construction 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.

 

4.  Throughout the construction period vehicle wheel cleaning facilities shall be provided and retained within the site for use at appropriate times, in order to prevent the deposition of mud or other extraneous material on the public highway.

 

5.  The highway works shown on Curtins drawings 05/005-V05 and 05/004-V06 as phase 1A shall have been completed prior to first occupation of the building hereby approved.

 

6.  The onsite manoeuvring and turning spaces shown on Ares drawing CWD-ALA-00-XX-DR-L-0004 S2 REV P02 shall have been completed and be available for use prior to first occupation of the building hereby approved and shall be retained available for use thereafter.

 

7.  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 first occupation of the office building. 

 

8.  The soft landscape scheme detailed on drawing CWD-ALA-00-XX-DR-L-0002 S2 REVP01 shall be implemented within the first planting season following completion of the development in accord with an implementation programme which has previously been agreed in writing by the local planning authority. The implementation programme shall include a schedule of landscape maintenance for a minimum period of five years. The agreed details, or any approved amendments to those details shall be carried out in accordance with the implementation programme.

 

9.  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.

 

10. That the Principal Planner be granted delegated authority to agree the finalised wording of the condition in relation to the amount of development to take place before details of the proposed shop frontages have been submitted to and approved in writing by the Local Planning Authority.

 

11. That the Principal Planner be granted delegated authority to agree the finalised wording of the condition in relation to the amount of development to take place before details of the raised decorative brickwork panels and /or replacement of some spandrel panels with coloured brick panels have been submitted to and approved in writing by the Local Planning Authority. 

 

12. Prior to the construction of the Electricity Sub Station, full details of the external appearance and materials of construction shall be submitted to the local planning authority for consideration. The Electricity Sub Station shall only be constructed in accordance with the details which have been agreed in writing by the Local Planning Authority.

 

13. Prior to the implementation of a lighting scheme for the site, full details of the lighting scheme shall be submitted to the local planning authority for consideration. The lighting scheme shall only be constructed in accordance with the details which have been agreed in writing by the Local Planning Authority and which shall be retained as such thereafter.

 

14. Prior to the construction of the cycle parking facility, full details of the proposed building shall be submitted to the local planning authority for consideration. The cycle parking facility shall only be constructed in accordance with the details which have been agreed in writing by the Local Planning Authority and which shall be available for use concurrent with the first occupation of the office building. The cycle parking facility shall be retained available for use thereafter.

 

CHE/19/00297/FUL - GROUND FLOOR REAR EXTENSION AT 4 THE DELL, ASHGATE, CHESTERFIELD FOR MR AND MRS RENSHAW

 

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

 

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 01; 02A and 03A with the exception of any approved non material amendment.

 

3.  The external walling materials for the extension shall match the existing dwelling unless otherwise agreed by the Local Planning Authority in writing.

 

CHE/19/00166/COU - CHANGE OF USE FROM ENGINEERING UNIT TO PLACE OF WORSHIP AT BRITISH TELECOM TELEPHONE EXCHANGE, HOLBECK CLOSE CHESTERFIELD FOR IKON CHURCH

 

In accordance with Minute No. 299 (2001/2002) Mr Peter Swallow of Chesterfield Waterside (objector) and Mr Mark Wilkins (applicant) addressed the meeting.

 

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

 

1.  In the opinion of the Local Planning Authority the development proposals are contrary to the provisions of policy PS3 of the Chesterfield Local Plan: Core Strategy 2011 – 2031.

 

     The development proposals seek a piecemeal permission to change the use of an existing building which lies within the Chesterfield Waterside area, which has been identified under the provisions of policy PS3 as a component to the Chesterfield Waterside Regeneration Masterplan.  Acceptance of the development proposals will jeopardise and undermine the ability to deliver the specific objectives of policy PS3, which seeks to comprehensively redevelopment Chesterfield Waterside in accordance with the site’s wider Masterplan.

 

2.  Given the scale of the development proposals the operation of the building as a D1 use class will lead to an influx in unpredictable traffic movements on the nearby highway network, which is already under pressure, against the best interests of highway safety and policy CS20 of the Chesterfield Local Plan: Core Strategy 2011 – 2031.  

 

CHE/19/00156/FUL - CONSTRUCTION OF 9 NEW DETACHED DWELLINGS AND ACCESS ROAD. NOISE IMPACT ASSESSMENT RECEIVED 20.05.2019 - COAL MINING REPORT, COAL MINING RISK ASSESSMENT, GEO-TECHNICAL & GEO ENVIRONMENTAL RISK ASSESSMENT, DESK TOP STUDY AND SITE PHOTOGRAPHS RECEIVED 03.06.19 AND REVISED LAYOUT PLAN RECEIVED ON 03.07.2019 ON LAND AT WHITEBANK CLOSE, HASLAND, DERBYSHIRE S41 0TS

 

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.  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.

 

Drawing Number - 201 P01 - Location Plan;

Drawing Number - 201 P02 Rev C (Amended Plan received on 03.07.2019) – Proposed Block Plan;

Drawing Number - 201 P11 - Dwelling Type A1 and Garage - Proposed Plans;

Drawing Number - 201 P12 - Dwelling Type A1 and Garage - Proposed Elevations;

Drawing Number - 201 P13 - Dwelling Type A2 - Proposed Plans;

Drawing Number - 201 P14 - Dwelling Type A2 - Proposed Elevations;

Drawing Number - 201 P15 Rev A (Amended Plan received on 28.03.2019) - Dwelling Type D and Garage - Proposed Plans;

Drawing Number - 201 P16 Rev A - Dwelling Type D and Garage - Proposed Elevations; Drawing Number - 201 P17 - Dwelling Type F - Proposed Plans and Elevations;

Drawing Number - 201 P18 - Dwelling Type G - Proposed Plans and Elevations, and

Drawing Number - 201 P19 - Proposed Street Scene.

 

3.  The development hereby approved shall not be commenced until such time as the replacement car-parking facilities for the Bowling Club have been provided to the satisfaction of the Local Planning Authority.

 

4.  No development above floor-slab/D.P.C level shall be carried out until the precise specifications or samples of the walling and roofing materials to be used shall be submitted to and approved in writing by the Local Planning Authority. Only those materials approved in writing by the Local Planning Authority shall be used as part of the development.

 

5.  Demolition, remediation or construction work to implement the permission hereby granted shall only be carried out on site between 8:00am and 6:00pm in any one day on Monday to Friday, 9:00am to 5.00pm on a Saturday and at no time on a Sunday or Public Holiday. The term "work" will also apply to the operation of plant, machinery and equipment.

 

6. Prior to the commencement of the development hereby approved (including demolition and all preparatory work), 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.

 

Specific issues to be dealt with in the TPP and AMS:

 

a) Location and installation of services/utilities/drainage.

b) Methods of demolition within the root protection area (RPA as defined in BS 5837: 2012) of the retained trees.

c) Details of construction within the RPA or that may impact on the retained trees.

d) a full specification for the installation of boundary treatment works.

e) A specification for protective fencing to safeguard trees during both demolition and construction phases and a plan indicating the alignment of the protective fencing.

f) a specification for scaffolding and ground protection within tree protection zones.

g) Tree protection during construction indicated on a TPP and construction and construction activities clearly identified as prohibited in this area.

h) 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

i) Boundary treatments within the RPA

j) Methodology and detailed assessment of root pruning

k) Methods to improve the rooting environment for retained and proposed trees and landscaping

The development thereafter shall be implemented in strict accordance with the approved details.

 

7.  No development above floor-slab/D.P.C level shall take place until details for the treatment of all parts on the site not covered by buildings shall be submitted to and approved in writing by the Local Planning Authority. The site shall be landscaped strictly in accordance with the approved details in the first planting season after completion or first occupation of the development, whichever is the sooner. Details shall include:

 

a) a scaled plan showing trees and plants to be planted:

b) proposed hardstanding and boundary treatment:

c) a schedule detailing sizes and numbers of all proposed trees/plants

d) Sufficient specification to ensure successful establishment and survival of new planting.

Any new tree(s) that die(s), are/is removed, become(s) severely damaged or diseased shall be replaced and any new planting (other than trees) which dies, is removed, becomes severely damaged or diseased within five years of planting shall be replaced. Replacement planting shall be in accordance with the approved details.

 

8.  No development shall occur above floor-slab/D.P.C level until details of the existing and proposed land levels and the proposed floor levels of the dwellings hereby approved have been submitted to, and approved in writing by the Local Planning Authority. 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.

 

9.  A residential charging point shall be provided for each proposed dwelling with an IP65 rated domestic 13amp socket, directly wired to the consumer unit with 32 amp cable to an appropriate RCD. Each socket shall be located where it can later be changed to a 32amp EVCP. Alternative provision to this specification must be approved in writing, by the local planning authority. The electric vehicle charging points shall be provided in accordance with the stated criteria prior to occupation and shall be maintained for the life of the approved development.

 

10. The site shall be developed with separate systems of drainage for foul and surface water on and off site.

 

11. There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will 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; and

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. If an existing connection for surface water drainage to public sewer cannot be evidentially proven, surface water discharge to public sewer shall be restricted to a maximum of 3.5 litres a second.

 

12. No development above floor-slab/D.P.C level 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. These details shall conform to the Chesterfield Borough Council Minimum Development Control Standards for Flood Risk.

 

13. Prior to building works commencing above foundation level, a Biodiversity Mitigation and Enhancement Plan shall be submitted to and approved in writing by the Local Planning Authority to achieve a net gain in biodiversity in accordance with the NPPF 2019. Such approved measures shall be implemented in full prior to occupation of any dwelling, and maintained thereafter for the life of the development.

 

Measures shall include (but are not limited to):

 

•   three woodcrete (or similar) bird boxes shall be installed within the scheme, with positions/specification/numbers clearly shown on a plan.

•   three integrated bat boxes shall be installed within the scheme, with positions/specification/numbers clearly shown on a plan.

•   small fencing gaps (130 mm x 130 mm) in boundary treatments will be clearly shown on a plan to maintain hedgehog connectivity.

 

14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(England) Order 2015 (or any order revoking and/or re-enacting that Order with or without modification), no fences, gates or walls shall be erected within the curtilage of any dwelling-house.

 

15. No dwelling shall be occupied until such time as the turning head and works to Whitebank Close have been carried out as shown on the submitted plan No 201-P02 Rev C, and the access drive and the areas shown on the approved plans as reserved for parking, garaging, circulation and standing of vehicles have be provided in accordance with the approved details. Thereafter the area shall be used for those purposes only and maintained free from any impediment to its designated use.

 

16. There shall be no gates or other barriers within 5m of the nearside highway boundary at the vehicular access and all gates shall open inwards only. Prior to their installation, full details of the entrance gate feature shown on Plan No 210-P-02 Rev C shall be submitted to and approved in writing by the Local Planning Authority. The entrance gates shall be constructed in accordance with the approved scheme, and thereafter retained in the agreed form.

 

17. Notwithstanding the provision of the Town and Country Planning (General Permitted)(England) Development Order 2015 (as amended) there shall be no extensions outbuildings or garages constructed (other than those shown on the submitted plans) to the side or rear of the dwellings on plots 4 or 5, or to the rear of dwellings on plots 1-3, without the prior written agreement of the Local Planning Authority.

 

(B) That a CIL Liability notice be served for £80,214.40 as detailed in section 6.0 of the officer’s report.

 

CHE/19/00216/OUT - OUTLINE APPLICATION WITH ALL MATTERS RESERVED FOR THE ERECTION OF A NEW DWELLING-HOUSE OVER 2 FLOORS AT 33 BROOKE DRIVE, BRIMINGTON, CHESTERFIELD

 

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.  Concurrent with the submission of a reserved matters application, 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.

 

5.  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.

 

6.  Concurrent with a reserved matters application, drawings shall be provided which show the possibility of the proposed new driveway to have visibility splays of 2.4m x 43m over land the subject of the application/highway in both directions, and then agreed in writing with the Local Planning Authority. The area in advance of the sightlines shall be 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.

 

7.  The Reserved Matters submission shall include full details of the provision of 2 parking spaces each for No 33 Brooke Drive and the new dwelling and which shall be provided and be available for use concurrent with the first occupation of the new dwelling. The parking spaces shall be retained available for use thereafter.

 

8.  The Reserved Matters submission shall include drawings which show details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works.

 

9.  The Reserved Matters submission shall include full details of a residential electric vehicle charging point which shall be provided as part of the development prior to first occupation of the dwelling and which shall be maintained for the life of the approved development.