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/19/00251/OUT - OUTLINE APPLICATION FOR THE CONSTRUCTION OF UP TO 120 DWELLINGS WITH ALL MATTERS RESERVED EXCEPT FOR POINT OF ACCESS.  REVISED DRAWINGS AND NOISE ASSESSMENT REPORT RECEIVED 29 JULY 2019.  REVISED MASTERPLAN RECEIVED 5 SEPTEMBER 2019 AND EXTRA INFORMATION RE BERM VIEW ON LAND SOUTH OF CALOW LANE, HASLAND, DERBYSHIRE

 

In accordance with Minute No. 299 (2001/2002) Steve Jones (applicant) addressed the meeting.

 

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

 

1.  Having regard to the requirements of policy CS1 of the Chesterfield Local Plan: Core Strategy 2011 – 2031 the site is not located within an acceptable walking distance to local services, including primary education provision, and a local centre via a safe, convenient route and therefore the development fails to meet the provisions set out in the CS1 Spatial Strategy to ‘concentrate new development within walking and cycling distances of centres’ and is not considered Sustainable Development.  Furthermore the development proposals fails on the majority of the criteria set out in policy CS2 of the Chesterfield Local Plan: Core Strategy 2011 – 2031 (the exceptions being (c) and (g)), and there is no evidence to suggest that the proposal meets the exception tests set out in CS2 (i) and (ii).

 

In respect of policy CS10 of the Chesterfield Local Plan: Core Strategy 2011 – 2031 the policy requirement is clear in its aim that greenfield led housing development will not be accepted where the Local Planning Authority is able to demonstrate a 5 year housing land supply. 

 

Overall on the basis that the Local Planning Authority is currently able to demonstrate a 5 year housing land supply the development would be contrary to the provisions of policy CS1, CS2 and CS10 of the Chesterfield Local Plan: Core Strategy 2011 – 2031 and the wider provisions of the National Planning Policy Framework and it is therefore unacceptable.

 

2.  Having regard to paragraph 50 of the NPPF, the proposed development, would undermine the plan-making process by predetermining decisions about the scale, location or phasing of the emerging Chesterfield Local Plan (2018-2035) by enabling substantial development of a scale and location not supported by the emerging strategy when taken cumulatively with other development proposals.

 

3.  The site falls within the open countryside and will be prominent from various view-points particularly the Calow Lane bridge over the A617 and the elevated public footpath to the east.

 

Whilst the proposed noise bund would not be prominent from the A617, it would appear as an alien intrusion in to the countryside from other views and together with the landscape impact of the development, this would constitute an intrusion in to the countryside contrary to Core Strategy Policies CS9(e) CS18 and the N.P.P.F.

 

CHE/19/00498/FUL - CONSTRUCTION OF NEW FOUR BEDROOM, ONE AND A HALF STOREY DETACHED DWELLING, SERVED FROM NEW ACCESS DRIVE - REVISED DRAWINGS RECEIVED 4.11.2019 AND 11.11.2019, AT TREVILLA, 73 HADY HILL, HADY S41 0EE

 

In accordance with Minute No. 299 (2001/2002) Adam Slade (applicant’s agent) was available to answer questions.

                             

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.

 

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

 

Drawing Number - 110-01 Rev C – Location Plan - Received 04.11.2019;

Drawing Number - 210-03 Rev F - Proposed Site Plan - Received 04.11.2019;

Drawing Number - 210-03 Rev C - Proposed levels and Service Trench - Received 04.11.2019;

Drawing Number - 210-4 Rev C - Tracking Plan - Received 04.11.2019;

Drawing Number - 210-5 Rev D  - Proposed Floor Plans - Received 04.11.2019;

Drawing Number - 210-6 Rev C  - Proposed Roof Plan - Received 04.11.2019;

Drawing Number - 210-07 Rev B – Highway Splays - 210-03 Rev C - Received 11.11.2019;

Drawing Number - 310-01 Rev D - Proposed Elevations - Received 04.11.2019;

Drawing Number - 410-01 Rev B - Existing and Proposed Sections - Received 04.11.2019, and

Drawing Number - HHC 03 Rev A - Tree Protection Plan – Received on 19.09.2019.

 

3.  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 point shall be provided in accordance with the stated criteria prior to occupation and shall be maintained for the life of the approved development.

 

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.  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 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.

 

6.  Prior to occupation of the dwelling, the existing vehicular access to the Hady Hill service road shall be provided with maximum achievable visibility from a distance 2.0m back taken from the highway boundary across the site frontage, including the existing dwelling No. 73. The sightlines shall be maintained clear of all obstructions greater than 1 metre in height (0.6 metre in the case of vegetation) relative to nearside carriageway channel level for the life of the development.

 

7.  The proposed dwelling shall not be occupied until space has been laid out within the site in accordance with the revised application drawing for cars to be parked and for vehicles (including smaller service/delivery vehicles e.g. supermarket delivery) to turn so that they may enter and leave the site in a forward gear. Once provided, the spaces shall be maintained free from any impediment to their designated use for the life of the development.

 

8.  The proposed dwelling shall not be occupied until parking and manoeuvring is available for the existing dwelling which shall be retained thereafter free from any impediment to its designated use for the life of the development.

 

9.  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 gates or other barriers (other than that already existing on site) shall be erected within 6m of the entrance to the site, where it meets the public highway.

 

10. The access/drive to the Hady Hill service road shall be no steeper than 1:14.

 

11. 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 dormer windows, new windows or roof-lights, other than those hereby permitted, shall be installed above ground floor ceiling height, without the prior express consent of the Local Planning Authority.

 

12. No 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, 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.

 

13. 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.

 

14. 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.

 

15. The details within the Tree Protection plan (TPP) reference HHC 03 Rev A by Weddle Landscape Design shall be adhered to at all times throughout any land stripping and development. A method statement should be submitted and approved with details of the ground preparation process for the installation of the new 'no dig' driveway within the designated root protection area before any heavy construction vehicles are brought onto the site. Details and specifications for the construction any alterations to the track/roadway to the frontage of the site where the track runs parallel with Hady Hill and meets the new driveway to the proposed dwelling should be submitted and approved which should include details of the no-dig specification and extent of the areas of the roads and driveway to be constructed using a no-dig specification. Details shall include relevant sections through them.

 

16. The site shall be developed with separate systems of drainage for foul and surface water on and off site and no piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority .

 

(B) That a CIL Liability notice be served for £12,045 as detailed in section 5.10 of the officer’s report.

 

CHE/19/00163/FUL - PROPOSED ENVIRONMENTAL IMPROVEMENTS TO THE SOUTHERN AREA OF LONDON BOROUGH’S ESTATE, BARROW HILL - THE IMPROVEMENTS TO INCLUDE RESURFACING ROAD/PARKING COURTS, PAVING, STREET LIGHTING AND BOUNDARY TREATMENTS WITHIN THE AREA IDENTIFIED AS PHASE 2 (REVISED PLANS REC’D 30/07/2019) AT THE LONDON BOROUGH’S ESTATE, BARROW HILL, DERBYSHIRE FOR CBC HOUSING SERVICES

 

That the officer recommendation be upheld and the application be approved subject to the following conditions and that the Principal Planner be delegated authority to amend or remove conditions 3, 4, 5 and 6 upon receipt of consultee response from the Lead Local Flood Authority:-

 

Time Limit etc

 

1.  The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

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

 

17037 CO-LP-0-02 REV-0 – Location Plan

17037 CO-LP-1-01 REV-0 – Env. Improvements – Landscape Plan

17037 CO-LP-2-01 REV-0 – Env. Improvements – Pathways Plan

17037 CO-LP-2-02 REV-0 – Env. Improvements – Streets Plan

17037 CO-LP-2-03 REV-0 – Env. Improvements – Green Space Plan

17037 CO-LP-2-04 REV-0 – Env. Improvements – Gardens Plan

17037 CO-LP-3-01 REV-0 – Landscape Plan with Topo Overlay

17037 DD-LN-1-01 REV-3 – General Notes and Legends

17037 DD-LP-0-01 REV-3 – Key Plan

17037 DD-LP-1-01 REV-3 – Site Plan 1 of 4

17037 DD-LP-1-02 REV-3 – Site Plan 2 of 4

17037 DD-LP-1-03 REV-3 – Site Plan 3 of 4

17037 DD-LP-1-04 REV-3 – Site Plan 4 of 4

17037 DD-LD-0-01 REV-0 – Boundary Details

17037 DD-LD-0-02 REV-0 – Boundary Details

17037 DD-LD-0-03 REV-0 – Boundary Details

17037 DD-LD-0-04 REV-0 – Boundary Details

17037 DD-LD-0-05 REV-0 – Boundary Details

17037 DD-PB-4-01 REV-0 – Play Equipment Image Board

2514-D-01 – Proposed Street Lighting and Service Works Layout

2514-D-02 – Proposed Street Lighting and Illuminance Layout

22622-KWS-00-XX-DR-D-1150 P05 D2 – Existing Highway Clearance Works 

22622-KWS-00-XX-DR-D-2001 P03 D2 – Proposed Highway Levels

22622-KWS-00-XX-DR-D-2002 P03 D2 – Proposed Highway Levels

22622-KWS-00-XX-DR-D-2003 P03 D2 – Proposed Highway Levels

22622-KWS-00-XX-DR-D-2010 P03 D2 – Junction Visibility Splays

22622-KWS-00-XX-DR-D-2014 P02 S1 – Swept Path Analysis Large Refuse

22622-KWS-00-XX-DR-D-4001 P04 D2 - Proposed Highway Drainage

22622-KWS-00-XX-DR-D-4002 P02 D2 - Proposed Drainage Areas

22622-KWS-00-XX-DR-D-4003 P07 D2 - Work Extents in Public Highway

22622-KWS-00-XX-DR-D-4010 P04 D2 - Proposed Private Drainage

22622-KWS-00-XX-DR-D-4011 P03 D2 - Footpath Levels Swales

22622-KWS-00-XX-DR-D-4401 P04 D2 - Highway Standard Details

22622-KWS-00-XX-DR-D-4402 P03 D2 - Private Drainage Standard Details

22622-KWS-00-XX-DR-D-4403 P03 D2 - Private Highway Standard Details

22622-KWS-00-XX-CA-D-0400 P02 S1 - Highway Drainage Calculations

22622-KWS-00-XX-CA-D-0500 P02 S1 - Private Drainage Calculations

22622-KWS-00-XX-DR-S-4450 P02 D2 – Boundary Wall Details

22622-KWS-00-XX-DR-S-4451 P01 D2 – Retaining Wall Details

22622-KWS-00-XX-DR-S-4452 P01 D2 – Retaining Wall Details

22622-KWS-00-XX-DR-S-4453 P01 D2 – Retaining Wall Notes

22622-KWS-00-XX-DR-D-4012 P01 S1 – Existing Impermeable Areas

22622-KWS-00-XX-DR-S-4454 – External Steps Notes P01 D2

22622-KWS-XX-XX-CO-D-0401 P01 S1 – Planning Correspondence

22622-KWS-XX-XX-SP-D-0200 P03 D2 – Engineering Specification

22622-KWS-XX-XX-RP-D-0400 P01 S1 – Flood Risk Assessment

 

Design and Access Statement by EBLA dated March 2019

Soils Contamination Report entitled ‘Basic Human Health Report’ by CMT testing dated 23rd October 2019

 

Drainage

 

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

 

4.  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 not exceed the total site discharge rate of 32.2 (thirty-two point two) litres a second.

 

5.  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.  London Boroughs Estate - Environmental Improvements Phase 2 Flood Risk Assessment Issue P01 (July 2019 by Kier Business Services Ltd) and 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.

 

6.  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.

 

Highways

 

7.  Prior to any works exceeding demolition or site clearance taking place space shall be provided within the site for storage of plant and materials and site accommodation, loading, unloading and manoeuvring of goods 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.

 

8.  Prior to any works exceeding demolition or site clearance taking place a construction management plan or construction method statement shall be submitted to and been approved in writing by the Local Planning Authority. The approved plan/statement shall be adhered to throughout the construction period. The statement shall provide for:

 

a.      Parking of vehicles of site operatives and visitors,

b.      routes for construction traffic,

c.       method of prevention of debris being carried onto highway,

d.      pedestrian and cyclist protection,

e.      proposed temporary traffic restrictions,

f.       roadside hoarding/highway boundary treatment.

 

9.  Prior to any works exceeding demolition or site clearance taking place an Estate Street Phasing and Completion Plan shall be submitted to and approved in writing by the Local Planning Authority. The Estate Street Phasing and Completion Plan shall set out the development phases/program and the standards that estate streets serving each part of the development will be completed to. The development shall thereafter proceed in accordance with the approved details.

 

10. Within 2 months of commencement of development, unless otherwise agreed in writing by the Local Planning Authority, details of a soft landscaping scheme for the highway areas shall be submitted to the Local Planning Authority for approval. The 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.

 

11. No gates or barriers, or any part of their opening arc, shall be permitted to open outwards over the proposed public highway. Any gates or barriers should be physically prevented from opening outwards or be set back a sufficient distance within the site to accommodate the opening requirements, all as may be agreed in writing with the Local Planning Authority.

 

12. Prior to the commencement of the development details shall be submitted to and approved in writing by the Local Planning Authority showing the means to prevent the discharge of water from private areas of the development onto the highway. The approved scheme shall be undertaken and accordance with the approved details and timescale agreed in advance with the Local Planning Authority. The approved details being retained as such thereafter.

 

Landscaping

 

13. The Landscaping details set out drawing no. 17037-CO-LP-1-01 Landscape Plan shall be implemented in full in the first planting season following commencement of development. 

 

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.

 

Others

 

14. 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.

 

15. Before construction works commence or ordering of external materials takes place, precise specifications or samples of the colour and finish of all surface materials and hard landscaping 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.