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/19/00199/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.

 

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:

·        Proposed Site Wide Elevations drawing no.19.010/16 rev G (Brick patterns)

·        Proposed Site Wide Elevations drawing no.19.010/17 rev G (Brick patterns)

·        Proposed Material Study drawing no.19.010/28

·        Proposed Drainage Strategy drawing reference 6600773-MLM-ZZ-XX-DR-C-0100 rev.P02

·        Proposed Site Plan drawing no.19.010/10 rev H

·        Design and Access Statement Rev A

·        Proposed Block B First Floor Plan Drawing no.19.010/13 rev F (notwithstanding landscaping information)

·        Proposed Roof Plan drawing no.19.010/15 Rev F (roof design only, notwithstanding parking and landscaping.

·        Proposed Block A Plan drawing no.19.010/11 rev F

·        Proposed Block B Ground Floor Plan drawing no.19.010/12 rev F (not withstanding landscaping)

·        Existing Site Plan

·        Location Plan

·        Sot Landscaping Plan

 

3.      Before any other operations are commenced, space shall be provided within the site for storage of plant and 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. If this cannot be achieved on site then plans should be 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 designed use throughout the construction period.

 

4.      The site accesses on to Chester Street and Bank Street shall be provided with 2.4m x 33m visibility splays in both directions, the area in advance of the sightlines being 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.

 

5.      The premises, the subject of the application, shall not be taken in to use until both of the vehicular accesses to the site have been constructed in a hard bound material for at least the first 5m in to the site behind the highway boundary.

 

6.      The premises, the subject of the application, shall not be taken into use until space has been provided within the application site in accordance with the revised application drawings for the parking and manoeuvring of residents’, visitors’, staff and service, delivery vehicles and bicycles, laid out, surfaced and maintained throughout the life of the development free from any impediment to its designated use.

 

7.      A detailed management plan for the local residential parking on site shall be provided to the Local Planning Authority for consideration. Only those details, or any amendments to those details as may be required, which receive the written approval of the local planning authority, shall occur on site. These spaces shall be made available prior to first occupation of the development and which shall be utilised by local residents, not including the persons related to the proposed development.

 

8.      There shall be no gates or other barriers within 6m of the nearside highway boundary and any gates shall open inwards only.

 

9.      No part of the development shall be occupied until a bin dwell area is provided in accordance with the submitted plans with the facility being retained for the designated purposes at all times thereafter.

 

10.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and/or re-enacting that Order) the car parking spaces hereby permitted shall be retained as such and shall not be used for any purpose other than the parking or private motor vehicles associated with the residential occupation of the properties without the grant of further specific planning permission from the Local Planning Authority.

 

11.    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.

 

12.    Notwithstanding the provision of the Town and Country Planning (General Permitted) Development Order 1995 (as amended) there shall be no extensions, outbuildings or garages constructed, or additional windows erected or installed, at or in the dwellings hereby approved without the prior written agreement of the Local Planning Authority.

 

13.    Residential charging points shall be provided, as shown in drawing no.19.010/10 rev H, with an IP65 rated domestic socket 13amp socket, directly wired to the consumer unit with 32 amp cable to an appropriate RCD. This socket should be located where it can later be changed to a 32amp EVCP. Non-residential charging points shall be supplied by an independent 32 amp radial circuit and equipped with a type 2, mode 3, 7-pin socket conforming to IEC62196-2. 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.

 

14.    Within 2 months of commencement of development, unless otherwise agreed in writing by the Local Planning Authority, full details of soft landscaping works for the approved development shall be submitted to the Local Planning Authority for consideration. The required soft landscaping 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, or any 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.

 

15.    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 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.

 

16.    Notwithstanding the previously submitted information, before the 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 unless otherwise agreed by the Local Planning Authority in writing.

 

17.    No development shall take place until a detailed design and associated management and maintenance plan of the surface water drainage for the site, in accordance with the principles outlined within:

 

a. Drainage statement – 47. Garage Sites, Bank Street, Chesterfield by MLM. Group dated 09 August 2019, referenced: 6600773-MLM-EW-XX-RP-C-0001, Revision P01 “including any subsequent amendments or updates to those documents as approved by the Flood Risk Management Team”

b. And DEFRA’s Non-statutory technical standards for sustainable drainage systems (March 2015), have 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.

 

18.   No development shall take place until a detailed assessment has been provided to and approved in writing by the Local Planning Authority, to demonstrate that the proposed destination for surface water accords with the drainage hierarchy as set out in paragraph 80 reference ID: 7-080- 20150323 of the planning practice guidance.

 

19.    Prior to commencement of the development, the applicant shall submit for approval to the LPA, details indicating how additional surface water run-off from the site will be avoided during the construction phase. The applicant may be required to provide collection, balancing and/or settlement systems for these flows. The approved system shall be operating to the satisfaction of the LPA, before the commencement of any works, which would lead to increased surface water run-off from site during the construction phase.

 

20.    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.

 

21.    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 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 stability of the site. Only those details which receive the written approval of the Local Planning Authority shall be carried out on site.

 

22.    Prior to occupation of the development hereby approved, details of any floodlighting and uplighting shall be submitted to and approved by the Local Planning Authority. Such details shall include siting, angles, levels of illumination and any shields. The details shall be implemented in accordance with those approved and should ensure that the light falls wholly within the curtilage of the site and does not significantly impact upon wildlife in the area.

 

23.    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 contamination. Ground gas, ground water and chemical analysis, identified as being appropriate 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.

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 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.

 

(B) That a CIL Liability notice be served for £14,000 as detailed in section 9.0 of the officer’s report.

 

Councillor G Falconer returned to the meeting.

 

Councillor Simmons left the meeting at this point and did not return.

 

CHE/19/00093/REM - RESERVED MATTERS FOR CHE/15/00835/OUT - NEW BUILD RESIDENTIAL DEVELOPMENT CONSISTING OF 13 NO. NEW BUILD DETACHED PROPERTIES (REVISED PLANS RECEIVED 27/08/2019, 03/09/2019, 04/09/2019, 06/09/2019 AND 11/09/2019) LAND WEST OF LOUNDSLEY GREEN ROAD, LOUNDSLEY GREEN, CHESTERFIELD, DERBYSHIRE FOR THE CONSTRUCTION PROJECT LTD

 

In accordance with Minute No. 299 (2001/2002) Mr Richard Merrills (applicants agent) 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.

 

Original Submission

LOUND-WBA-XX-ZZ-DR-A-90_100 P8 – Site Layout Plan

LOUND-WBA-XX-ZZ-DR-A-90_101 - Location Plan

 

LOUND-WBA-XX-ZZ-DR-A-20_100 P5 – HTA Plans and Elevations

LOUND-WBA-XX-ZZ-DR-A-20_101 P7 – HTB Plans and Elevations

LOUND-WBA-XX-ZZ-DR-A-20_103 P6 – HTD Plans and Elevations

LOUND-WBA-XX-ZZ-DR-A-20_104 P5 – HTE Plans and Elevations

LOUND-WBA-XX-ZZ-DR-A-20_105 P3 – Site Sections

LOUND-WBA-XX-ZZ-DR-A-20_106 – Double Garage Plans and Elevations

 

P18-01337-MET-M2-C-001 Rev 2 – Proposed Catchment Area Plan

P18-01337-MET-M2-C-002 Rev 5 – Proposed Drainage Layout Plan

P18-01337-MET-M2-C-003 Rev 2 – Proposed Site Levels Plan

P18-01337-MET-M2-C-005 Rev 1 – Typical Highway Construction Details

P18-01337-MET-M2-C-006 Rev 1- Proposed Coloured S38 Layout Plan

P18-01337-MET-M2-C-007 Rev 1 – Private Surfacing Layout Plan

 

Tree Constraints Plan dated December 2018

SE0866-01_LP1 Rev A – Planting Plan Sheet 1

SE0866-01_LP2 Rev A – Planting Plan Sheet 2

 

Arboricultural Impact Assessment by Biora dated February 2019

Design and Access Statement by Watson Batty Architects

Construction Environmental Management Plan: Biodiversity by Biora dated January 2019

Coal Mining Risk Assessment by BWB dated March 2016

Drainage Calculations and Simulation Results by MET Engineers Ltd dated January 2019

Employment and Training Scheme by Starfish Group dated 11^th February 2019

External Materials Schedule by Starfish Group Re: Condition 3 of CHE/15/00835/OUT

Phase I Geo-Environmental Assessment by BWB dated October 2016

Phase II Geo-Environmental Assessment by BWB dated January 2017

Groundsure Reports

Landscape and Ecological Management Plan (LEMP) by Biora dated February 2019

Maintenance Details by Starfish Group Re: Condition 26 of CHE/15/00835/OUT

Supplementary Site Investigations Letter from MET Consultancy Group dated 30 January 2019

Site Waste Management Plan by Starfish Group

Traffic Management Plan by Starfish Group

Waste Audit by Starfish Group dated 25/01/2019 re: Condition 23 of CHE/15/00835/OUT

 

Revisions / Additional Info Rec’d 26/03/2019

Arboricultural Impact Assessment by Biora dated February 2019

 

Revisions / Additional Info Rec’d 03/05/2019

Coal Mining Risk Assessment by BWB dated March 2016

Phase III Remediation Statement by MET Consultancy Group dated May 2019

 

Revisions / Additional Info Rec’d 27/08/2019

LOUND-WBA-XX-ZZ-DR-A-90_100 P14 – Site Layout Plan

LOUND-WBA-XX-ZZ-DR-A-20_101 P8 - HTB - Plot 4 Plans and Elevations

LOUND-WBA-XX-ZZ-DR-A-20_103 P7 - HTD - Plot 2 Plans and Elevations

LOUND-WBA-XX-ZZ-DR-A-20_105 P4 - Site Sections

LOUND-WBA-XX-ZZ-DR-A-20_107 – HTB Plots 10 & 12 Plans and Elevations

LOUND-WBA-XX-ZZ-DR-A-20_108 – HTD Plot 3 Plans and Elevations

LOUND-WBA-XX-ZZ-DR-A-20_109 – HTD Plot 7 Plans and Elevations

LOUND-WBA-XX-ZZ-DR-A-20_110 – HTD Plot 13 Plans and Elevations

 

SE0866-01_LP1 Rev B – Planting Plan Sheet 1

SE0866-01_LP2 Rev B – Planting Plan Sheet 2

 

Arboricultural Impact Assessment (AIA) dated 26^th July 2019

-        Appendix 3 Tree Constraints Plan

-        Appendix 4 Arboricultural Method Statement

-        Appendix 5 Tree Protection Plan

 

Revisions / Additional Info Rec’d 30/08/2019

Phase III Remediation Statement by MET Consultancy Group dated May 2019

 

Revisions / Additional Info Rec’d 03/09/2019

P18-01337-M2-C-006 Rev 3 - S278 Entrance Access Layout

 

Revisions / Additional Info Rec’d 04/09/2019

LOUND-WBA-XX-ZZ-DR-A-90_100 P16 – Site Layout Plan

P18-01337-M2-C-007 Rev 2 - Carriageway Surfacing Layout

Woodland Management Proposals by Biora dated September 2019

 

Revisions / Additional Info Rec’d 06/09/2019

LOUND-WBA-XX-ZZ-DR-A-90_101 P1 – Site Location Plan

 

Revisions / Additional Info Rec’d 11/09/2019

Waste Audit by Starfish Group dated 11/09/2019 re: Condition 23 of CHE/15/00835/OUT

LOUND-WBA-XX-ZZ-DR-A-20_102 – HTC Plot 9 Plans and Elevations

LOUND-WBA-XX-ZZ-DR-A-20_111 – Single Garage Plot 2 Plans and Elevations

 

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

 

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

 

In accordance with Minute No. 299 (2001/2002) Mr Michael Lane (objector) and Reuben Spears (applicants agent) 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

             2019_585_01C - Site Location Plan

             2019_585-02M - Proposed Site Layout Plan

             F14209/03 C - Proposed Site Access Layout

             F14209/04 C - Vertical Visibility for Proposed Site Access

             43454_003 B - Proposed Drainage Layout

             43454_004 C - Proposed Levels

             GL1104 01 - Proposed Soft Landscaping

             2019_585_15 - Single and Twin Garages

             2019_585_16B - Site Enclosure Details

             2019_585_17 - Proposed Site Sections

            

             House Types

             2019_585_03C - Cedar Plans

             2019_585_04C - Cedar Elevations

             2019_585_05D - Hornbeam Plans

             2019_585_06D - Hornbeam Elevations

             2019_585_07C - Hornbeam N Plans

             2019_585_08C - Hornbeam N Elevations

             2019_585_09C - Hazel Plans

             2019_585_10C - Hazel Elevations

             2019_585_11D - Maples Plans

             2019_585_12E - Maple Elevations

             2019_585_13A - Bungalow Plans

             2019_585_14A - Bungalow Elevations

             Design and Access Statement

             SuDS Details

 

2.   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.

3.   Before any other operations are commenced, excluding demolition/ site clearance, a temporary access for construction purposes shall be formed to Bevan Drive, laid out, constructed and provided with 2.4m x 43m visibility splays in either direction in accordance with detailed designs to be submitted in advance to the Local Planning Authority and approved in writing, the area in advance of the sightlines being cleared of all obstructions greater than 1m in height (0.6m in the case of vegetation) and maintained in accordance with the approved scheme throughout the contract period free from any impediment to its designated use.

 

4.   The proposed accesses to Bevan Drive shall be laid out generally in accordance with drawing number 2019-585-02 Rev M Proposed Site Layout Plan and provided with minimum 2.4m x 43m visibility sightlines in each direction, the area in advance of the sightlines forming part of the estate street and not part of any plot or other sub-division of the site. The accesses shall be fully constructed in accordance with details first submitted to and approved in writing with the Local Planning Authority prior to any property it serves being occupied.

 

5.   Bevan Drive shall be widened to provide a carriageway width not less than 5.5m between the primary site access (serving plots 7-29) and the junction with Attlee Road, in accordance with details first submitted to and approved in writing with the Local Planning Authority. The widening works being fully constructed in a timescale to be agreed in advance with the Local Planning Authority or prior to any residential dwelling, the subject of the application, being occupied.

 

6.   Pedestrian footways alongside Bevan Drive, with associated pedestrian crossing facilities, shall be laid out generally in accordance with drawing number 2019-585-02 Rev M and constructed in accordance with details first submitted to the Local Planning Authority for written approval. The works being fully constructed in accordance with the approved details in a timescale agreed with the Local Planning Authority or prior to any residential dwelling, the subject of the application, being occupied.

 

7.   Prior to commencement of development, in association with the provision of the 2 no. new access points to Bevan Drive, a revised access plan shall be provided demonstrating the provision of a 2m wide footway margin connecting the private driveway to plots 1-6 with the new access onto Bevan Drive serving plots 7-29.  The 2m wide footway margin shall include an appropriate method of construction and surface finish which is compatible with the necessary Root Protection Areas of G1 of TPO 4901.349 (and the necessary requirements of condition 2 set out above).  Only those details which are subsequently agreed in writing by the Local Planning Authority shall be implemented on site (prior to occupation of any of the dwellings hereby approved).

 

8.   Notwithstanding the details accompanying this reserved matters application, within 2 months of the commencement of development revised soft landscaping details shall be submitted to the Local Planning Authority for consideration and subsequent approval in writing.  Only those details agreed shall be implemented on site.

 

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.    Prior to the commencement of development, alongside the LEMP required by condition 13 of the outline planning permission CHE/15/00755/OUT) a biodiversity enhancement strategy 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).

 

Councillor Mann returned to the meeting.

 

CHE/19/00239/FUL - RESIDENTIAL DEVELOPMENT COMPRISING THE ERECTION OF 21NO TWO, THREE AND 4 BEDROOMED DWELLINGS ACCESSED BY A NEW ESTATE ROAD FROM CHEEDALE AVENUE, WITH ASSOCIATED FOOTPATHS AND PARKING COURT/PARKING SPACES, BOUNDARY WALLS AND FENCES, RETAINING WALLS AND AREA FOR PUBLIC ART, REVISED DRAWINGS RECEIVED 12.08.2019, 28.08.2019 & 02.09.2019, AT FORMER BROCKWELL COURT, BROCKWELL LANE, BROCKWELL. CHESTERFIELD. DERBYSHIRE. S40 4PJ

 

In accordance with Minute No. 299 (2001/2002) Mr Richard Merrills (applicants agent) addressed the meeting.

 

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.      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 - BROCK WBA-XX-ZZ-DR-A-PL020 - Site Location Plan - received on 18.04.2019;

         Drawing Number - BROCK WBA-XX-ZZ-DR-A-PL023 Rev H - Site Layout Option 3- received on 28.08.2019;

         Drawing Number - BROCK WBA-XX-ZZ-DR-A-PL024 Rev G - Site Sections - received on 28.08.2019;

         Drawing Number - BROCK WBA-XX-ZZ-DR-A-PL101 Rev F - Elevations and Floor Plans Plots 6, 7 & 8 - received on 28.08.2019;

         Drawing Number - BROCK WBA-XX-ZZ-DR-A-PL111 Rev F - Elevations and Floor Plans Plots 4 & 5 - received on 28.08.2019;

         Drawing Number - BROCK WBA-XX-ZZ-DR-A-PL121 Rev E - Elevations and Floor Plans Plots 2, 3, 10 &11 - received on 28.08.2019;

         Drawing Number - BROCK WBA-XX-ZZ-DR-A-PL131 Rev E - Elevations and Floor Plans Plot 9 - received on 28.08.2019;

         Drawing Number - BROCK WBA-XX-ZZ-DR-A-PL141 Rev D - Elevations and Floor Plan Plot 1 - received on 28.08.2019;

         Drawing Number - BROCK WBA-XX-ZZ-DR-A-PL151 Rev C - Elevations and Floor Plans Plots 15 & 16 - received on 28.08.2019;

         Drawing Number - BROCK WBA-XX-ZZ-DR-A-PL161 Rev C - Elevations and Floor Plans Plots 12, 13 & 14 - received on 28.08.2019;

         Drawing Number - BROCK WBA-XX-ZZ-DR-A-PL181 Rev B - Elevations and Floor Plans Plots 17 & 18 - received on 28.08.2019;

         Drawing Number - BROCK WBA-XX-ZZ-DR-A-PL191 Rev B - Elevations and Floor Plans Plots 19, 20 & 21 - received on 28.08.2019;

         Drawing Number - SE 0869-01 _SL01 Rev G - Soft Landscaping Plan - received on 28.08.2019;

         Drawing Number - P18-1554-M2-C-01 Rev… Drainage Strategy Plan - Received on 28.08.2019;

         Drawing Number - P18-1554-M2-C-02 Rev… Drainage Catchment Plan - Received on 28.08.2019;

         Drawing Number - P18-1554-M2-C-03 Rev… Site Levels Plan - Received on 28.08.2019;

         Drawing Number SE0869-02_BOM_J01b_BP  - Biora Bio-diversity offsetting Metric and Enhancement Report, received on 09.09.2019, and

         Arboricultural Assessment and BS5837 Arboricultural Method Statement dated Feb 2019 by EMBC Arboricultural - Received on 18.04.2019.

        

3.      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.

 

4.      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.

 

5.      A residential charging point shall be provided for the additional dwelling with an IP65 rated domestic 13amp socket, directly wired to the consumer unit with 32 amp cable to an appropriate RCD. The 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.

 

6.      Prior to any works exceeding demolition or site clearance taking place, space shall be provided within the site for storage of plant and 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.

 

7.      Prior to any works exceeding demolition or site clearance taking place, the existing vehicular junction to Cheedale Avenue shall be provided in accordance with the application drawing and provided with visibility sightlines extending from a point 2.4 metres from the carriageway edge, measured along the centreline of the nearside carriageway edge. The land in advance of the visibility sightlines being laid out as part of the street (extended footway width) and not part of any adjoining plot or other sub-division of the site.

 

8.      Throughout the period of development vehicle wheel cleaning facilities shall be provided and retained within the site. All construction vehicles shall have their wheels cleaned before leaving the site in order to prevent the deposition of mud and other extraneous material on the public highway.

 

9.      Prior to the commencement of building operations full engineering, drainage, street lighting and constructional details of the streets proposed for adoption shall be submitted to and approved in writing by the Local Planning Authority. The development shall, thereafter, be constructed in accordance with the approved details, unless otherwise agreed in writing with the Local Planning Authority.

 

10.    The carriageway(s) of the proposed estate road(s) shall be constructed in accordance with condition 9 above up to and including at least road base level, prior to the commencement of the erection of any dwelling intended to take access from that road(s). The carriageways and footways shall be constructed up to and including base course surfacing to ensure that each dwelling prior to occupation has a properly consolidated and surfaced carriageway and footway, between the dwelling and the existing highway. Until final surfacing is completed, the footway base course shall be provided in a manner to avoid any upstands to gullies, covers, kerbs or other such obstructions within or abutting the footway. The carriageways, footways and footpaths in front of each dwelling shall be completed with the final surface course within twelve months (or three months in the case of a shared surface road) from the occupation of such dwelling, unless otherwise agreed in writing by the Local Planning Authority.

 

11.    No dwelling shall be occupied until space has been laid out within the site in accordance with the approved drawing for cars to be parked and for vehicles to turn so that they may enter and leave the site in a forward gear.

 

12.    The proposed access to Cheedale Avenue shall be no steeper than 1:20 for the first 10 metres from the nearside highway boundary and shall not exceed 1:12 thereafter.

 

13.    No development shall be commenced until details of the proposed arrangements for future management and maintenance of the proposed streets within the development have been submitted to and approved by the local planning authority. The streets shall thereafter be maintained in accordance with the approved management and maintenance details until such time as an agreement has been entered into under section 38 of the Highways Act 1980 or a private management and maintenance company has been established.

 

14.    Construction work and deliveries of construction materials shall only take place between 8:00 am and 5:00 pm in any one day, Monday to Friday and between 9:00 am and 2:00 pm on a Saturday. No deliveries shall take place on a Sunday or Public Holiday. The term 'construction work'

         shall include mobile and fixed plant/machinery, (e.g. generators) radios and the delivery of construction materials.

        

15.    No development shall take place until site investigation works have been undertaken in order to establish the exact situation regarding coal mining legacy issues on the site. Details of the site investigation works shall be submitted to and approved in writing by The Local Planning Authority. The details shall include;

·                   The submission of a scheme of intrusive site investigations for approval;

·                   The undertaking of that scheme of intrusive site investigations;       

·                   The submission of a report of findings arising from the intrusive site investigations;

·                   The submission of a scheme of remedial works for approval; and

·                   Implementation of those remedial works.

 

16.    No development above d.p.c/floor-slab level 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 unless otherwise agreed by the Local Planning Authority in writing.

 

17.    The development hereby approved shall only be undertaken in accordance with the following:-

        

·        The tree protection measures within the Arboricultural Assessment (AIA), Aboricultural Method Statement (AMS) and Tree Protection Plan (TPP) by EMEC Arboriculture shall be adhered to at all times from the commencement of the development including any land stripping to the end of the development

·        There shall be no excavations for the retaining walls (including foundations) within the Root Protection Areas (RPA's) as calculated within the Tree Protection Plan (TPP) by EMEC Arboriculture of trees (T2 & T3 within the report) T3 & T4 Oak of Tree Preservation Order 4901.32 Loundsley Green Road/Cheedale Avenue (1984) to the rear of Plots 10 to 12.

·        No part of the 1.8m palisade fencing dividing plots 10 and 11 be attached to the protected tree T4 Oak of TPO 32. All fence post holes within the root protection areas of (T2 & T3 within the report) T3 & T4 Oak of Tree Preservation Order 4901.32 shall be dug by hand and no heavy machinery used for the Landscaping phase within the designated RPA's of all the retained trees.

 

18.    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.

        

         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.

        

19.    No development above floor-slab/D.P.C level shall take place until a scheme for the treatment of all fences and other boundary treatments on the site, and the design of the refuse bin-stores for Plots 6, 7 and 13 has been submitted to and approved in writing by the Local Planning Authority. The fencing/boundary treatment and bin-stores shall only be constructed in accordance with the agreed scheme and retained in that form thereafter.

 

20.    The site shall be developed in accordance with the recommendations of the Bio-diversity offsetting Metric and Enhancement Report Ref SE0869-02_BOM_J01b_BP - by Biora, received on 09.09.2019 The ecological requirements shall be provided prior to the occupation of the dwellings and shall thereafter be so retained.

 

21.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(England) Order 2015, or any Order revoking and re-enacting that Order, no windows, other than those hereby permitted, shall be installed above ground floor ceiling height, for the western elevation of Plot 5, or the north-eastern elevation of plot 13, without the prior express consent of the Local Planning Authority.

 

22.    Notwithstanding the provision of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) there shall be no extensions outbuildings or garages constructed (other than garden sheds or greenhouses of a volume less than 10 cubic metres) erected within the Root Protection of any trees, without the prior written agreement of the Local Planning Authority.

 

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

 

24.    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

          i) evidence that other means of surface water drainage have been properly considered and why they have been discounted; and

          ii) the means by which the discharge rate shall be restricted to a maximum rate of 3.5 litres per second.

 

CHE/19/00481/FUL - PROPOSED EXTENSION TO FRONT AND SIDE OF HOUSE AT 16 ROCKINGHAM CLOSE, CHESTERFIELD, S40 1JE FOR MR EYRE

 

That the officer recommendation be upheld and the application be refused for the following reasons:-

 

The proposal does not comply with policies CS2 and CS18 of the Chesterfield Local Plan: Core Strategy 2011 - 2031 and therefore the wider National Planning Policy Framework. Overall the proposed development fails to respond to the local context by virtue of its appearance, design and materials resulting in an incongruous feature which would be unduly dominant, adversely impacting the visual amenity and character of the streetscene.

The proposed side extension would further disrupt the character and pattern of the street by introducing a terracing effect which is not subservient to the design of the host building and which is at odds with the prevailing character of the area.

 

CHE/19/00437/FUL - PROPOSED CHANGE OF USE OF PUBLIC HOUSE INTO 4 ONE BEDROOMED APARTMENTS (REVISED PLANS RECEIVED 22.08.2019) AT DEVONSHIRE HOTEL, 17 OCCUPATION ROAD, NEWBOLD, DERBYSHIRE, S41 8TH

 

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.

§  G A Plans as Proposed, drawing Number AH/DPH/02 (dated 11.07.2019)

 

3.   Before any other operations are commenced, space shall be provided within the site for storage of plant and 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 drawing AH/DPH/02 Revision A Block Plan (only). Once implemented the facilities shall be retained free from any impediment to their designated use throughout the construction period.

 

4.   The site the subject of the application shall not be occupied until space has been provided within the application site in accordance with the application drawing G A Plans as Proposed, drawing Number AH/DPH/02 (dated 11.07.2019) for the parking of 3 vehicles, laid out, surfaced and maintained throughout the life of the development free from any impediment to its designated use. 

 

5.   The cycle storage shall be provided prior to the residential occupation of the site and maintained throughout the life of the development free from any impediment to its designated use. 

 

6.   A residential charging point shall be provided for the additional dwelling with an IP65 rated domestic 13amp socket, directly wired to the consumer unit with 32 amp cable to an appropriate RCD. The 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.

 

7.   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 rear courtyard area shall be submitted to the Local Planning Authority for consideration. Hard landscaping includes proposed finished land levels or contours; surface materials, drainage scheme, means of enclosure; and structures (e.g. furniture, refuse or other storage units, lighting etc.). These works shall be carried out as approved prior to the first occupation of the building. 

 

8.   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.

 

(B) That a CIL Liability notice be served for £12,700 as detailed in section 5.9 of the officer’s report.