Agenda item

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

 

Councillors Caulfield and Simmons left the meeting at this point as they had not attended the site visits so were precluded from participating in the debate and making decisions on the applications to be determined by Committee.

 

The Principal Planner had declared an interest in the following item and left the meeting at this point.

 

CHE/19/00394/REM AND CHE/19/00456/REM1 -

 

(A)  CHE/19/00394/REM – APPROVAL OF RESERVED MATTERS FOLLOWING CHE/0389/0210 AND CHE/0892/0496 AS VARIED BY CHE/16/00219/NMA; CHE/16/00317/REM1, CHE/16/00318/REM1, CHE/16/00319/REM1 AND CHE/16/00320/REM1 AT LAND AT THE BRUSHES, SHEFFIELD ROAD, CHESTERFIELD FOR DAVID LLOYD DEVELOPMENTS LTD.

 

(B)  CHE/19/00456/REM1 - VARIATION OF CONDITION 52 ON APPLICATION CHE/0892/0496 AS VARIED BY CHE/16/00219/NMA; CHE/16/00317/REM1, CHE/16/00318/REM1, CHE/16/00319/REM1 AND CHE/16/00320/REM1 TO SUBSTITUTE DRAWINGS TO ENABLE RELOCATION OF APPROVED PHASE 1 COMPONENTS WITHIN THE CONSENTED DEVELOPMENT AREAS AND FACILITATE REVISED PHASING AT LAND AT THE BRUSHES, SHEFFIELD ROAD, CHESTERFIELD FOR BIRCHALL PROPERTIES LTD.

 

In accordance with Minute No. 299 (2001/2002) Geoff Musgrove (objector), Jim Allsop (objector), Alex Dale on behalf of Unstone Parish Council (objector) and Rupert Carr (applicant’s agent) addressed the meeting.

 

(A)  CHE/19/00394/REM

 

Approve subject to the conditions of the outline planning permission CHE/0389/0210 and CHE/0892/0496 as varied by CHE/16/00219/NMA; CHE/16/00317/REM1, CHE/16/00318/REM1, CHE/16/00319/REM1 and CHE/16/00320/REM1and subject to the following additional conditions:

 

1.  Prior to commencement of development on the site a full ecological survey of the application site shall be undertaken by a suitably qualified ecologist and which shall be submitted to the local planning authority for consideration with the Derbyshire Wildlife Trust. The submission shall include any necessary mitigation measures and the use of an Ecological Clerk of Works to oversee the site works. The details subsequently agreed in writing shall be carried out as part of the development hereby agreed.

 

2.  Only the proposed phase 1 car parking area shown on drawing 2018-02-PL-100B is approved by this permission subject to the submission of the further following details being submitted to the local planning authority for consideration:

 

·        Screen bunding;

·        Soft landscaping;

·        Drainage;

·        Hard surfacing and mitigation of potential gas migration;

·        Lighting.

 

The car parking area shall thereafter be implemented on site in accord with the details, or any amendment to those details which may be required, which are agreed in writing by the local planning authority and which shall thereafter be retained.

 

3.  There shall be no vehicular or pedestrian access to the proposed car parking area from the golf course access from Sheffield Road to the north of the site.

 

4.  The karting track facility shall not be used by petrol or diesel motorised vehicles.

 

5.  No payment shall be made to park in the proposed car park. A Management Plan setting out how the car park is to operate shall be submitted to the local planning authority for consideration. The agreed details shall be implemented as part of the development and the parking area shall be made available for use in accordance with the agreed Management Plan concurrent with the first occupation of the buildings on site.

 

6.  Full details of security measures to be installed at the site shall be submitted to the local planning authority for consideration. The agreed details shall be implemented as part of the development and shall be installed and made available concurrent with the first occupation of the buildings on site.

 

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 and minor structures such as furniture, refuse or other storage units, signs and lighting. The details agreed in writing by the local planning authority shall be carried out as approved prior to the occupation of the development. 

 

8.  Within 2 months of commencement of development details of a full 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

 

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 commencement of the development of the e-karting and adventure golf facility full details of the layout of the track shall be submitted to the local planning authority for consideration. The agreed details shall be implemented as part of the development and shall be installed and retained thereafter.

 

11. Prior to commencement of the development of the e-karting facility a background noise survey shall be undertaken, measured at the boundaries of the Peak Resort site to the east and north. The submission shall include a fully detailed scheme of noise mitigation measures to be installed and future monitoring for the consideration by the local planning authority. The agreed details shall be implemented as part of the development and which shall be installed and retained thereafter.

 

12. There shall be no use of external tannoys, claxons or piped music at the site.

 

13. The external karting and adventure golf facility shall not operate beyond 22:00 hours on any day.

 

14. Full details of a lighting scheme for the site including design and hours of operation shall be submitted to the local planning authority for consideration. The scheme shall include lighting generally across the site and for each component.  The details agreed in writing shall be implemented as part of the development and shall be retained thereafter.

 

15. Full details of the cycle lockers to be installed on site shall be submitted to the local planning authority for consideration. The details agreed in writing shall be implemented as part of the development and shall be provided prior to first occupation of the site and retained thereafter.

 

16. A scheme showing 12 additional Sheffield style cycle racks to be provided on the site shall be submitted to the local planning authority for consideration. The details agreed in writing shall be implemented as part of the development and shall be provided prior to first occupation of the site and retained thereafter.

 

17. A scheme showing 10% of the parking spaces to be provided on site with Electric Vehicle charging points shall be submitted to the local planning authority for consideration. The details agreed in writing shall be implemented as part of the development and shall be provided prior to first occupation of the site and retained thereafter. 

 

(B)  CHE/19/00456/REM1

 

That the condition variation be GRANTEDsubject to the following replacement condition:

 

52. All external dimensions and elevational treatments shall be as shown on drawings 496_003P1; 007P1; 007aP1; 008P1; 008aP1; 009P1; 012P1; 013P1; 014P1; 016P1; 021P1; 022P1; 023P1; 024P1; 025P1; 026P1; 026aP1; 026bP1; 026cP12; 026dP1; 027P1; 028P1; 029P1; 029aP1; 029bP1; 030P0 and 046P1 with the exception of any approved none material amendment.

 

The Principal Planner returned to the meeting.

 

The Development Management and Conservation Manager had declared an interest in the following item and left the meeting at this point.

 

CHE/17/00469/OUT - RESIDENTIAL DEVELOPMENT OF UP TO 650 DWELLING (INC. ELDERLY CARE AND SPECIALIST ACCOMMODATION), A LOCAL CENTRE (INC. LOCAL RETAIL, HEALTH FACILITIES AND SERVICES), OPEN SPACE, COMMUNITY GARDEN EXTENSION (INC. COMMUNITY BUILDING AND PARKING) AND ASSOCIATED INFRASTRUCTURE - REVISED INFORMATION RECEIVED (FLOOD RISK ASSESSMENT APRIL 2018, VIABILITY ASSESSMENT JULY 2018, ARCHAEOLOGICAL ASSESSMENT NOVEMBER 2018, DESIGN & ACCESS STATEMENT/ MASTERPLAN FEBRUARY 2019, REVISED MASTERPLAN JUNE 2019 AND OVERARCHING WSI FOR ARCHAEOLOGY SEPTEMBER 2019) AT LAND SOUTH OF WORKSOP ROAD, MASTIN MOOR, CHESTERFIELD, DERBYSHIRE FOR CHATSWORTH SETTLEMENT TRUSTEES

 

In accordance with Minute No. 299 (2001/2002) Vanessa Wright (objector), Nyree Clark (objector), Councillor Lisa Collins (objector), Will Kemp (applicant) and David Peck (applicant’s agent) addressed the meeting.

 

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

 

The site is greenfield development and Policy CS10 of the Chesterfield Local Plan: Core Strategy 2011 - 2031 states that residential development on greenfield sites that are not in an adopted Local Plan will not normally be permitted whilst the Council is able to demonstrate a supply of housing sites sufficient for five years. 

                 

Given that the Council is currently able to demonstrate a five year supply of housing, the scale of development proposed is considered to be in excess of that which is allowed for under the provisions of policy CS1 of the Chesterfield Local Plan: Core Strategy 2011 - 2031 at Mastin Moor.  As a result the development proposals will impose an adverse and detrimental impact upon the communities of Woodthorpe and Mastin Moor, to the detriment of their amenity and upon local services.

 

The Development Management and Conservation Manager returned to the meeting.

 

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

 

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

 

CHE/19/00242/FUL - USE OF LAND AS OPEN STORAGE (USE CLASS B8), RETENTION OF FILL MATERIAL AND ASSOCIATED LANDSCAPING WORKS. (FLOOD RISK STATEMENT RECIEVED 26.06.2019, EX AND PROPOSED SECTIONS RECEIVED ON 16.07.2019 AND LANDSCAPE MASTER PLAN RECEIVED ON 12.08.2019), ON LAND AT WHITTINGTON INDUSTRIAL ESTATE, STATION LANE, NEW WHITTINGTON. DERBYSHIRE S43 2BP

 

That the officer recommendation be upheld and the application be approved subject to completion of the Section 106 Obligation referred to in (B) below and subject the following conditions:-

 

(A)  1.   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 - 881-CC02 Rev A - Landscape Master-Plan - received on 12.08.2019;

·        Drawing Number - 881-CC03 Rev A - Existing and Proposed

·        Section A - received on 16.07.2019;

·        Drawing Number - 881-CC04 Rev A - Existing and Proposed

·        Section B - received on 16.07.2019;

·        Drawing Number - 881-CC05 Rev A - Existing and Proposed

·        Section C - received on 16.07.2019;

·        Drawing Number - D5161 - D01 - Location Plan;

·        Drawing Number - Un-numbered - Landscape and Ecological Management Plan – By Weddle Landscape Design dated July 2019, and

·        Drawing Number - MP.05161 - Flood Risk statement - Received 26.06.2019.

 

2.  Works involved in the removal or movement of fill material and any ground-works 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 3:30pm 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.

 

3.  The hard-standing area hereby approved shall only be used for open storage falling within use-class B8 to the Schedule to the Town and Country Planning (Use Classes) Order 1987) or in any provision equivalent to that Class in any Statutory Instrument revoking and re-enacting that order, and for no other purpose.

 

4.  There shall be no storage of items in excess of 15m in height above ground level on the part of the site that falls between the proposed habitat planting and the edge of the Local Plan Employment Designation, the extent of which is shown as a dotted pink line on the submitted Landscape Master-Plan.

 

5.  Prior to the installation of the lighting column shown on the Landscape Master-Plan, full details of the column including height, strength of illumination, and manner in which its impact on the habitat area would be controlled (by cowl and/or imitation on time of illumination), shall be submitted to and approved in writing by the Local Planning Authority. The lighting column shall be installed in accordance with the agreed specification, and thereafter retained in the agreed form. No other lighting shall be installed that would illuminate the storage area or adjacent habitat/ecology area.

 

(B)  That a Section 106 Obligation be negotiated covering:

 

·        A programme for delivery of the new wildlife habitat area together with the required funding and maintenance. 

 

Councillor Bingham returned to the meeting.

 

CHE/19/00469/REM1 - VARIATION OF CONDITION 3 IN RELATION TO CHE/18/00816/FUL (WHICH RESTRICTS THE OCCUPATION OF THE PREMISES TO 8 RESIDENTS) TO ALLOW OCCUPATION BY 10 RESIDENTS AND ASSOCIATED WORKS

 

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

 

1.  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. All external dimensions and elevational treatments shall be as shown on the approved plans which are:

 

Drawing Number - h/19/01 - Location Plan, and

Drawing Number - h/19/03 - Floor Plans as Proposed.

 

2.  Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (As Amended), the site shall only be used as a managed hostel for young people at risk of homelessness (aged between 18 and 24 years of age) with ancillary staff office and shall not be used as a direct access homeless person's hostel, or for any other use.

 

3.  There shall be no more than 10 residents residing at the property at any one time.

 

CHE/19/00357/FUL - PROPOSED ERECTION OF A DETACHED DWELLING (REVISED DRAWINGS RECEIVED 23.08.2019 AND 16.09.2019) AT LAND ADJACENT TO 11 BRIDLE ROAD, WOODTHORPE, DERBYSHIRE S43 3BY FOR MR JOSHUA GREAVESON

 

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 plan, drawing un-numbered (received 16.09.2019)

-      Site section and street scene view, drawing un-numbered (received 16.09.2019)

-      Proposed elevations and floor plans, drawing numbered (received 16.09.2019)

 

3.  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.

 

4.  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 17:00pm 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.

 

5.  Before any other operations are commenced, a revised plan detailing the vehicular access to Bridle Road with optimum visibility splays in both directions shall be submitted to the Local Planning Authority for written approval. The revised plan shall include the retention of the stone wall where possible. Only the approved access to Bridle Road shall be implemented on site, created in accordance with the application drawings, laid out, constructed and provided with optimum visibility splays in both directions, the area in advance of the sightlines being maintained in perpetuity clear of any object greater than 1m in height (0.6m in the case of vegetation) relative to the adjoining nearside carriageway channel level.

 

6.  The proposed dwelling shall not be occupied until space has been laid out within the site in accordance with the application drawing for the parking of three vehicles for the proposed dwelling including two spaces in the integral garage. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any Order revoking or re-enacting that Order with or without modification) the garage accommodation and parking/turning space shall not be used other than for the above stated purpose.

 

7.  Before any other operations are commenced (excluding demolition/site clearance), space shall be provided within the site curtilage for the storage or plant and materials, site accommodation and parking and manoeuvring of site operatives vehicles, laid out and constructed in accordance with detailed designs to be submitted in advance to the Local Planning Authority for written approval and maintained throughout the contract period in accordance with the approved designs free from any impediment to its designated use.

 

8.  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.

 

9.  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.

 

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 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 until proper provision has been made for its disposal.

 

12. 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.

 

13. As part of the landscaping condition referred to above, suitable habitat shall be created that enhances the ecological interest of the site, in line with guidance within Paragraph 175d of the NPPF. This could include native landscaping, retention of existing features of ecological value (such as the hedgerow) and incorporation of bat and bird boxes into the new dwellings.

 

14. A residential charging point shall be provided for the proposed 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.

 

15. 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 metre) shall be erected, and no additional windows shall be installed at or in the dwelling hereby approved without the prior written agreement of the Local Planning Authority.

 

16. 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.

 

17. A.  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 the contamination. Ground gas, groundwater and chemical analysis, identified as being appropriate by the 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.

18. Notwithstanding the details shown on the approved plans the first floor bathroom window proposed in the side elevation facing No 15 Bridle Road to the west shall be only be fitted with an opening above 1.7m high (measured internally) and shall be installed obscurely glazed with a minimum level 4 obscurity and shall thereafter be retained as such in perpetuity. 

 

(B) That a CIL Liability notice be served for £6,950 as detailed in section 5.12 of the officer’s report.

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

 

CHE/19/00401/FUL - CHANGE OF USE FROM STORAGE TO PROVIDE FITNESS FACILITIES AT A-ROCK HOUSE, 133 BADEN POWELL ROAD, CHESTERFIELD, S40 2RL

 

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

 

1.  The use hereby permitted shall cease within 24 months of the approval of the planning application, unless another planning permission has been granted for a further period.

2.  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.

 

·        Clarifications document (received 05/09/19)

·        Proposed Site Block Plan (car parking and cycle parking received 20/08/19).

·        Existing Ground and First floor plan

·        Site location plan

·        Planning Statement

 

3.  The proposed car parking and cycle parking within the site shall be available for the use of the boxing facility during their hours of operation and maintained as such for the life of the development. The parking facilities shall be marked out clearly on site to show the individual parking spaces.

 

4.  Obscure glazing to a minimum Pilkington Scale level 4 shall be installed on the west front first floor windows of the proposed fitness facility. The obscure glazing shall be installed within 28 days of this consent and shall be retained as such thereafter unless otherwise agreed in writing by the Local Planning Authority.

 

5.  The hours of operation for the boxing club shall be restricted to 16.30 hours to 20.30 hours Monday to Friday, 9.15 hours to 12.00 hours on a Saturday, Sunday and Bank Holidays. The 1 to 1 boxing training shall only be open on site between 9.00 hours to 16.30 hours Monday to Friday. The windows and external doors on the 1^st floor of the northern and western elevations (not including the shutter) shall not be open during the above opening hours.

 

6.  The boxing/fitness classes shall operate with a minimum of 10 minutes between class times to avoid overlapping of users and parking demand.

 

7.  The boxing/fitness classes (club) shall operate with no more than 20 persons. The 1 to 1 boxing training shall operate with no more than 4 persons in the fitness facility.

 

8.  During the hours of operation, no amplified music shall be played and no public address systems shall be used. 

 

Councillor Brady returned to the meeting.