Council and Democracy

Agenda item

Applications for Planning Permission - Plans Determined by the Committee

Minutes:

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

 

CHE/16/00114/OUT - RESIDENTIAL DEVELOPMENT OF 20 DWELLINGS WITH APPROVAL OF ACCESS FROM WORKSOP ROAD AT LAND TO THE WEST OF CARPENTER AVENUE, MASTIN MOOR, DERBYSHIRE FOR THE NORBRIGGS PARTNERSHIP

 

That consideration of the application be deferred.

 

CHE/19/00729/FUL - DEMOLITION OF EXISTING PRESBYTERY, ALTERATIONS TO THE EXISTING CHURCH BUILDING TO CREATE A NEW ENTRANCE AND NEW ENTRANCE CANOPY, OVER CLADDING OF EXISTING WINDOWS ON THE SOUTH WEST ELEVATION  AND CREATION OF A NEW HARD SURFACED CAR PARK AREA FOR APPROXIMATELY 95 CARS (REVISED PRE-DEVELOPMENT ARBORICULTURAL REPORT, AMENDED DESIGN AND ACCESS STATEMENT, DRAINAGE LAYOUT PLAN, ILLUMINATION LAYOUT PLAN AND PROPOSED LAYOUT AND SURFACING PLAN/SECTION RECEIVED 23.01.2020, BAT AND BIRD SURVEY PRELIMINARY ROOST ASSESSMENT AND REVISED EXTERIOR CAR PARK LIGHTING PLAN RECEIVED 30.01.2020) AT PLYMOUTH BRETHERN CHRISTIAN CHURCH, 135 LITTLEMOOR, NEWBOLD S41 8QP FOR PLYMOUTH BRETHREN CHRISTIAN CHURCH

 

In accordance with Minute No. 299 (2001/2002) Mr Duncan Saxon (objector), Mr Fraser Andrews (applicant’s agent) and Mr Ashly Smith (applicant) addressed the meeting.

 

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

 

Time limit

 

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

 

Approved plans

 

2.  The development hereby approved shall only be carried out in full accordance with the approved plans and documents (listed below). All external dimensions and elevational treatments shall be as shown on the approved plan/s (listed below) with the exception of any approved non material amendment

 

-                     Design and access statement produced by Andrews Allen Associates 580-1622 Revision B (dated 11.01.2020, received 22.11.2020)

 

-                     Bird & Bat Survey – Preliminary Roost Assessment produced by Midland Ecology (dated 16.01.2020, received 23.01.2020)

 

-                     Pre-Development Arboricultural Report 590-1622 revision A (dated 19.01.2020, received 23.01.2020)

 

SITE PLANS

 

-                     Site location plan, drawing number 1622-540 (dated Nov 2019, received 22.11.2019)

 

-                     Proposed plan (church layout), drawing number 560 -1622 (dated 15.11.2019, received 22.11.2019)

 

-                     Proposed elevations drawing number 1622 -570 revision A (dated 14.11.2019, received 22.11.2019)

 

-                     Proposed layout & surfacing plan/sections, drawing number 1622-500 revision F (dated 19.01.2020, received 23.01.2020)

 

DRAINAGE

 

-                     Proposed drainage layout plan, drawing number 1622 – 520 Revision A (dated 13.01.2020, received 23.01.2020)

 

LIGHTING

 

-                     Exterior lighting car park lighting, drawing number ASD-DN-13936-DWG-SHEET 1 of 1 Revision 05 (dated 27.01.2020 received 30.01.2020)

 

-                     Proposed illumination layout plan, drawing number 1622 – 510 revision B (dated 13.01.2019, received 23.01.2020)

 

Construction hours

 

3.  Construction work shall only be carried out between the hours of 8:00 am to 6:00 pm Monday to Friday and 9:00 am to 5:00 pm on a Saturday. Construction work shall not be carried out on Sundays or Public Holidays. The term ‘construction work’ shall include mobile and fixed plant/machinery, (e.g. generators) radios and the delivery of construction materials

Condition regarding timescale for demolition and bats

 

4.  The demolition of the presbytery shall be completed by 16.01.2022, unless otherwise agreed in writing by the Local Planning Authority and supported by a revised up to date ‘Bird and Bat Survey – Preliminary Roost Assessment’ submitted for considered by the Local Planning Authority and formal written approval.

Surface water drainage

 

5.  Prior to the installation of surface water drainage infrastructure, full details, including design calculations and construction details, for the disposal of surface water which shall include the provision and implementation of a surface water regulation system and storage facility shall be submitted to and been approved by the Local Planning Authority in writing. The implementation of such details as approved shall be subject to soil/porosity tests for all soakaways, as deemed necessary by the Local Planning Authority and the development shall not be occupied or used until written confirmation has been received from the Local Planning Authority confirming approval of both the porosity tests and the completed surface water drainage measures.

 

Lighting shroud

 

6.  All the lighting units shall be appropriately shrouded to prevent glare or dazzle to adjacent residential properties.

 

Lighting hours restriction

 

7.  The lighting hereby agreed shall not be used between the hours of 22:00 and 07:00 on any day. Other than security lighting the car parking lighting scheme shall not be used when the premises is not in use.

 

Lighting column further away from RPA of T3 (TP10)

 

8.  Notwithstanding the details shown on the approved lighting plan ‘Exterior lighting car park lighting, drawing number ASD-DN-13936-DWG-SHEET 1 of 1 Revision 05’ (dated 27.01.2020 received 30.01.2020), the single 2m lighting column located to the south east of protected sycamore tree T3 (detailed as T10) shall be located 10m from the stem of the protected sycamore.

 

Soft landscaping

 

9.  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, and 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.

 

Tree protection measures

 

10. Prior to the commencement of any demolition or development, protective fencing conforming to BS 5837 ‘Trees in Relation to Design, demolition and construction - Recommendations’ 2012 should be erected in the location as shown on drawing 1622-500 to provide a construction exclusion zone. The protective fencing as described in the tree report appendix 1 shall be retained intact for the full duration of the development and should not be repositioned or removed without prior written approval from the Local Planning Authority. There shall be no storage of materials within the root protection area unless otherwise agreed in writing by the Local Planning Authority and the tree protection measures outlined in the Pre-Development Arboricultural Report 590-1622 revision A (dated 19.01.2020, received 23.01.2020) produced by Andrews Allen Associates shall be adhered to at all times.

 

11. There shall be no excavation or raising or lowering of levels within the prescribed root protection area of retained trees unless agreed in writing by the Local Planning Authority.

 

12. The removal of the existing hard surface beneath the tree canopy of T3 (TP10)/T2 (TP11) should be carried out without the use of any heavy machinery and care must be taken not to disturb tree roots that may be present beneath it. Hand held tools only should be used to remove the existing surface unless otherwise agreed in writing by the Local Planning Authority. There shall be no excavations deeper than the existing tarmac and sub-base and any roots exposed, should be wrapped in dry, clean hessian sacking to prevent desiccation and to protect from rapid temperature changes. Any wrapping should be removed before back filling which should take place as soon as possible. Roots smaller than 25mm diameter may be pruned back, preferably to a side branch, using a proprietary cutting tool such as secateurs or hand saws. Roots larger than 25mm should only be severed following consultation with the Council’s Tree Officer, as they may be essential to the tree’s health and stability. Prior to back filling, any hessian wrapping should be removed and retained roots should be surrounded with sharp sand (builders sand should not be used because of its high salt content which is harmful to tree roots) or other loose granular fill, before the soil is replaced.

 

13. Details should be submitted of the construction activities around parking bays 1 & 2. The details should be provided in a method statement and drawing to demonstrate how any existing edgings and hard surface will be removed and how the new edgings and hard surface will be installed where they encroaches into the designated root protection area of T3 Sycamore.

 

Replacement planting within 5 years

 

14. 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.

 

Hard landscaping

 

15. Within 2 months of commencement of development, unless otherwise agreed in writing by the Local Planning Authority, 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 surfacing finishes. These works shall be carried out as approved prior to the use of the car park.

 

Cycle Stands

 

16. Before installation of the 6 Cycle stands hereby agreed full details shall be submitted to local planning authority for consideration. The details agreed in writing shall be implemented on site and shall be available concurrent with the use of the new car park and shall be retained as such thereafter.

 

Electric charging provision condition

 

17. Electric Vehicle charging points (EVCPs) shall be provided in accordance with the approved site layout for at least 5 no car parking spaces. The Charging points shall be available for use concurrent with the first use of the car park hereby approved. Thereafter the EVCPs shall be retained and maintained operational for the lifetime of the development.

 

Fencing

 

18. Prior to the construction of the screen fencing in the position shown on drawing 1622-500 rev F, full details of the construction shall be submitted to the local planning authority for consideration. The fencing shall only be constructed in accordance with the details which have been agreed in writing by the Local Planning Authority and which shall be carried out in full prior to the first use of the rear car park. The fencing shall be retained thereafter.

Councillor Marriott left the meeting during consideration of this item and did not participate in the debate and subsequent vote.

 

CHE/19/00670/FUL - PROPOSED CHANGE OF USE OF 197, FROM PART OF THE RETAIL UNIT AT 195, TO A TAKEAWAY, AND ASSOCIATED ALTERATIONS TO THE SHOP FRONT, INSTALLATION OF GLAZING TO FORMER DOORWAY TO SIDE AN INSTALLATION OF AN EXTRACT FLUE (SHOP AT 195 OLD HALL ROAD IS TO BE RETAINED) AT 195 – 197 OLD HALL ROAD, CHESTERFIELD S40 1HG FOR MR KAPILRAJ GANESHALINGAM AND MR KARISAN KANASALINGAM

 

In accordance with Minute No. 299 (2001/2002) Mr Jamie Simpson (objector) and Miss C Stainton (applicant’s agent) addressed the meeting.

 

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

 

1.  The proposal has failed to satisfy the sequential assessment and therefore does not comply with the requirements of the NPPF. In the opinion of the Local Planning Authority, the proposed hot food takeaway is not considered to be a day to day need and therefore conflicts with the provisions of Policy CS16 of the Chesterfield Borough Council Local Plan: Core Strategy 2011 – 2031. The application does not make functional links to an existing use at the application site and therefore does not comply with CS2 of the Chesterfield Borough Council Local Plan: Core Strategy 2011 – 2031.

 

2.  The development is contrary to the best interests of highway safety. The proposed development would increase the likelihood of indiscriminate vehicle parking on the public highway including the extent limited by double yellow line parking restrictions and also on the pavements. This is considered to be harmful to the safe operation of the highway at a road traffic junction and where visibility available will be compromised. The proposal therefore fails to accord with the requirements of Policy CS18 (g) of the Chesterfield Borough Council Local Plan: Core Strategy 2011 – 2031, which expects developments to provide adequate and safe vehicle access and parking. The development would conflict with the wider requirements of the NPPF.

 

Councillor Marriott returned to the meeting.

 

Supporting documents: