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/19/00600/RET - RETENTION OF COVERED STORAGE AREA TO THE REAR AND SIDE OF THE PREMISES AND CHANGE OF USE FROM LIGHT INDUSTRIAL USE (B1 CLASS) TO A SHOP (A1 CLASS) AT 1 WHARF LANE, STAVELEY, CHESTERFIELD

In accordance with Minute No. 299 (2001/2002) Mrs Wallhead (objector), Mr Paul Jacobs (objector) and Mr Khan (applicant) addressed the meeting.

 

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

 

1.  The constraints of the site and the addition of the rear extension result in no parking for vehicles on site with very limited parking for staff and customers either on site or in the immediate vicinity. The area is characterised by terraced dwellings which depend on the street for parking.  As a result staff, deliveries and customers to the site are forced to park on the surrounding highway including on the pavement, at a location which has double yellow lines in place to prevent parking and to protect the visibility of road users in the area. The extension intensifies the business activity at the site, where there is already a deficiency in available parking, and therefore leads to a proliferation of inappropriate parking and highway obstruction that is against the best interests of highway safety. In this context it is considered that the development is contrary to policies CS2, CS18 and CS20 of the Chesterfield Local Plan: Core Strategy 2011 – 2031 and the wider provisions of the NPPF.    

 

2.  The rear extension is considered to have an unsympathetic relationship with the existing building and surrounding character. The style and materials of the extension do not harmonise with the existing palette of the surrounding area and the metal sheeting finish appears to be of a temporary industrial nature. The structure protrudes above the domestic boundary treatments of no. 3 Wharf Lane and no. 23 Lowgates to the detriment of their outlook. It is considered that the development is out of keeping and incongruous in the local area, and which harms visual amenity, which is contrary to Policy CS18 of the Chesterfield Local Plan: Core Strategy 2011 – 2031, paragraph 130 of the revised National Planning Policy Framework and the new National Design Guide 2019. 

 

CHE/19/00606/FUL - CHANGE OF USE FROM HOTEL (USE CLASS C1) TO A HOUSE IN MULTIPLE OCCUPATION INVOLVING SHARED ACCOMMODATION, ASSOCIATED ALTERATIONS AND PROVISION OF PARKING SPACES AT 85-87 NEWBOLD ROAD, NEWBOLD, CHESTERFIELD

 

In accordance with Minute No. 299 (2001/2002) Mr Perkins (applicant) and Mr James Norton (applicant’s 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.  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.

 

·        Drawing Numbers Bck.01 rev B; Bck.10 rev L; Bck.11 rev J; Bck.12; Bck.13 rev A; Bck.14;

 

·        Planning and Sustainability Statement rev B

 

3.  The proposed frontage car parking and cycle parking within the application site boundary shall be available for the use hereby approved and shall be maintained and be available for parking for the life of the development.

 

4.  The 16 No units shall each be occupied only by 1 person.

 

CHE/16/00229/OUT - OUTLINE APPLICATION FOR DEVELOPMENET OF 14 No RESIDENTIAL UNITS WITH NEW ACCESS AT BANK CLOSE HOUSE, HASLAND ROAD, HASLAND, CHESTERFIELD FOR VITAL BALANCE LTD

 

In accordance with Minute No. 299 (2001/2002) Mr Peter Hill (applicant) addressed the meeting.

That the officer recommendation be upheld and that concurrent with the signing of the s106 agreement as now drafted, the application CHE/16/00229/OUT be approvedsubject to the conditions and notes set out in the original report and the addition of the following additional condition:-

 

Condition 23

 

Residential charging points shall be provided for each 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 shall 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 of the dwelling to which they relate and shall be maintained for the life of the approved development.

 

CHE/19/00634/FUL - PROPOSED CHANGE OF USE AND ELEVATIONAL ALTERATIONS OF PART OF PREMISES FROM CLASS A1 TO D1 USE FOR SALVATION ARMY CHURCH (ADDITIONAL INFORMATION PROVIDED 10/12/2019) AT FORMER LIDL, FOLJAMBE ROAD, CHESTERFIELD, DERBYSHIRE S40 1NJ FOR MR MARTIN WAY

 

In accordance with Minute No. 299 (2001/2002) Lindsay Allen (objector) 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.  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.

 

Site Location Plan – Rev A

19-026-01 P1 – Existing Floor Plans

19-026-02 P1 – Existing Elevations

19-026-03 P1 – Proposed Floor Plans

9-026-04 P1 – Proposed Elevations

9-026-Site P1 – Proposed Site Plan

Covering Letter dated 11^th October 2019

Additional information provided by email (3 of 3) dated 11^th December 2019. 

 

3.  Opening and delivery hours of the A1 retail use shall be restricted to between the hours of 07:30 – 20:00 Monday – Friday, 07:30 – 18:30 Saturday, and 10:00 – 16:00 Sunday.

 

4.  Opening hours of the D1 use shall be restricted to between the hours of 07:30 - 20:00 Monday - Friday, 07:30 - 18:30 Saturday, and 08:00 - 16:00 Sunday. 

 

5.  Prior to their installation, further details of any freestanding donation banks and the machine masking kiosk shall be submitted to the Local Planning Authority for further consideration and written approval.  Only those details which are subsequently approved in writing shall be installed on site.  

 

CHE/19/00593/FUL - PROPOSED ERECTION OF 4 NO SEMI-DETACHED 2/3 BEDROOMED DWELLINGS WITH ASSOCIATED CAR PARKING AND EXTERNAL WORKS SERVED FROM WIDENED ACCESS DRIVE (ADDITIONAL INFORMATION RECEIVED 04/11/2019 AND 24/11/2019) AT LAND TO THE SIDE AND REAR OF 102 HIGHFIELD LANE, NEWBOLD, CHESTERFIELD, DERBYSHIRE FOR LAKELAND DEVELOPMENTS LIMITED

 

In accordance with Minute No. 299 (2001/2002) James Evans (applicant) attended the meeting to answer any questions but no questions were raised.

 

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.  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.

 

2019-14-28 - Site Location Plan, Block Plan and Site Plan (superceded by 21 and 28A below)

2019-14-20 - Site Layout As Existing

2019-14-11 Rev D Typical Floor Plans, Sections and Partical 3D Perspective

2019-14-21 Rev C - Site Layout As Proposed

2019-14-22 Rev A - Proposed Ground Floor

2019-14-23 Rev A - Proposed First Floor

2019-14-24 Rev A - Proposed Second Floor

2019-14-25 Rev A - Proposed Roof Plan

2019-14-26 Rev A - Proposed Elevations 1 of 2

2019-14-27 Rev A - Proposed Elevations 2 of 2 and Typical Section

2019-14-28 Rev A - Proposed Site Layout with Delivery Vehicle Tracking

2019-14-29 Rev - Proposed Rendering Perspectives

Phase I Desk Study and Coal Mining Risk Assessment

 

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:

 

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

 

ii)  the means of discharging to the public sewer network at a rate to be agreed by the Local Planning Authority in consultation with the statutory sewerage undertaker.

 

Land Condition/Contamination

 

5.  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 appropriate interpretation of these results have been agreed.  The investigation and conclusions shall include any remedial works and mitigation measures required/proposed for the remediation/stability of the site.  Only those details which receive the written approval of the Local Planning Authority shall be carried out on site.

 

6.  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.

 

Highway

 

7.  No development shall take place including any works of demolition until a construction management plan or construction method statement has been submitted to and been approved in writing by the Local Planning Authority. The approved plan/statement shall be adhered to throughout the construction period. The statement shall provide for but not necessarily be restricted to the following as appropriate.

 

-    Parking of vehicles of site operatives and visitors

-    Routes for construction traffic, including abnormal loads/cranes etc.

-    Hours of operation

-    Method of prevention of debris being carried onto highway

-    Pedestrian and cyclist protection

-    Proposed temporary traffic restrictions

-    Arrangements for turning vehicles

 

8.  Prior to occupation of the dwellings, the subject of the application, the existing access to Highfield Lane shall be modified in accordance with the revised application drawings. 

 

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

 

10. There shall be no gates or other barriers on the access. 

 

Ecology

 

11. Prior to the commencement of development a detailed enhancement strategy that provides details of enhancement measures for roosting bats and nesting birds shall be submitted to and approved in writing by the LPA. Such approved measures must be implemented in full and maintained thereafter.

 

Please note that it is expected that provision is made within the new dwellings (as integral boxes) rather than in retained trees to ensure that the roost and nest boxes cannot be tampered with and are secure in the long-term.

 

Tree Protection

 

12. Prior to the commencement of the development hereby approved (including demolition and all preparatory work), a scheme for the protection of the retained trees on the adjacent land, in accordance with BS 5837:2012, including a tree protection plan(s) (TPP) and an arboricultural method statement (AMS) shall be submitted to and approved in writing by the Local Planning Authority.

 

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

 

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

 

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

 

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

 

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

 

e)  a full specification for the construction of any hard  surfaces including details of the no-dig specification and extent of the areas of hardsurfaces to be constructed using a no-dig specification. Details shall include relevant sections through them.

 

f)  Detailed levels and cross-sections to show that the raised levels of surfacing, where the installation of no-dig surfacing within Root Protection Areas is proposed, demonstrating that they can be accommodated where they meet with any adjacent building damp proof courses.

 

g)  A specification for protective fencing/ground protection to safeguard trees during both demolition and construction phases and a plan indicating the alignment of the protective fencing or ground protection.

 

h)  A specification for scaffolding and ground protection within tree protection zones.

 

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

 

j)  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

 

k)  Boundary treatments within the RPA

 

l)  Methodology and detailed assessment of root pruning

 

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

 

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

 

13. Prior to completion or first occupation of the development hereby approved, whichever is the sooner; details of 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 vegetation to be retained and 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.

 

14. There shall be no excavation or raising or lowering of levels within the prescribed root protection area of retained trees located on the adjacent land unless agreed in writing by the Local Planning Authority. 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 (unless the Local Planning Authority gives its written consent to any variation).

 

Others

 

15. 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.

 

16. Before construction works commence or ordering of external materials takes place, precise specifications or samples of the walling and roofing materials to be used shall be submitted to the Local Planning Authority for consideration. Only those materials approved in writing by the Local Planning Authority shall be used as part of the development.

 

17. 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 (other than garden sheds or greenhouses of a volume less than 10 cubic metre) or additional windows erected or installed at or in the dwelling hereby approved without the prior written agreement of the Local Planning Authority.

 

18. 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.

 

(B) That a CIL Liability notice be served for £23,484 as detailed in section 5.8 of the officer’s report, updated in accordance with the January 2020 CIL Indexation.