Agenda item

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

 

Councillor Gilby took no part in the items relating to Chesterfield Hotel and left the meeting before the debate on the item relating to Albion Road and as he had not attended the site visits so was precluded from participating in the debate and making decisions on the applications to be determined by Committee.

 

CHE/20/00054/OUT - OUTLINE APPLICATION FOR ERECTION OF B1 OFFICES WITH CAR PARK OF APPROXIMATELY 41 SPACES AT CHESTERFIELD HOTEL, MALKIN STREET, CHESTERFIELD, DERBYSHIRE S41 7UA FOR CHESTERFIELD BOROUGH COUNCIL

 

In accordance with Minute No. 299 (2001/2002) Ryan Fish of Whittam Cox Architects (applicant’s agent) addressed the meeting.

 

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

 

Time Limit etc

 

1.  Approval of the details of the access, layout, scale, external appearance of the building(s), and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

 

2.  Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

3.  The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

 

Drainage

 

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

 

5.  No development shall take place until details of the proposed means of disposal of surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved by the local planning authority. Furthermore, unless otherwise approved in writing by the local planning authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works.

 

Land Condition

 

6.  No development shall commence until intrusive site investigations have been carried out on site to establish the exact situation in respect of coal mining legacy features. The findings of the intrusive site investigations shall be submitted to the Local Planning Authority for consideration and approval in writing. The intrusive site investigations shall be carried out in accordance with authoritative UK guidance.

 

7.  Where the findings of the intrusive site investigations (required by condition 6 above) identify that coal mining legacy on the site poses a risk to surface stability, no development shall commence until a detailed remediation scheme to protect the development from the effects of such land instability has been submitted to the Local Planning Authority for consideration and approval in writing.  Following approval, the remedial works shall be implemented on site in complete accordance with the approved details.

 

Electric Vehicle Charing Points

 

8.  Electric Vehicle charging points (EVCPs) shall be provided in accordance with the approved site layout for at least 10 percent of the car parking spaces on the site. The Charging points shall be available for use concurrent with the first use of the office building hereby approved. Thereafter the EVCPs shall be retained and maintained operational for the lifetime of the development.

 

Cycle Parking

 

9.  The development hereby approved shall include provision for cycle parking at the rate of 10% of the number of car parking spaces and full details shall be submitted to local planning authority for consideration as part of the reserved matters submission. The details agreed in writing shall be implemented on site and shall be available concurrent with the use of the new office building and shall be retained as such thereafter.

 

CHE/19/00784/FUL - CHANGE OF USE FROM DWELLING-HOUSE (USE CLASS C3) TO HOUSE IN MULTIPLE OCCUPANCY (USE CLASS C4) AT 20 ALBION ROAD, CHESTERFIELD FOR MR R CUSIMANO

 

In accordance with Minute No. 299 (2001/2002) Mr G Campbell (objector), Councillor Fordham (ward councillor and objector), Mr Cusimano (applicant) and Mr J Church (applicant’s agent) addressed the meeting.

 

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

 

1.  The development is contrary to the best interests of the amenity of local residents. The proposed conversion to a property in multiple occupation would increase the likelihood of the property being occupied by short term tenancies which are more likely to attract a higher proportion of residents with social problems, chaotic lifestyles and no connection or affinity for their surroundings. The street is already suffering from serious anti-social behaviour issues which are causing significant impacts on the existing residents who fear for their safety and the proposal brings with it the prospects of a worsening situation. This is considered to be harmful to the safety of the local community and residential amenity in general and is considered to be contrary to the requirements of Policy CS2, CS15 and CS18 of the Chesterfield Borough Council Local Plan: Core Strategy 2011 – 2031 and the wider requirements of the NPPF 2019.

 

2.  The development is contrary to the best interests of pedestrian and highway safety. The proposed development would increase the likelihood of indiscriminate vehicle parking on the pavement and cycle route. This is considered to be harmful to the safe operation of the highway on a one way road of limited width. 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 Barr left the meeting at this point as he had not attended the site visits so was precluded from participating in the debate and making decisions on the applications to be determined by Committee.

 

Councillor Gilby returned to the meeting as he had attended the site visit for the following item.

 

CHE/19/00790/FUL - DETACHED DORMER DWELLING AND DETACHED GARAGE (REVISED LAYOUT PLAN RECEIVED 13.02.2020 SHOWING AMENDED PARKING LAYOUT AND DETACHED GARAGE REMOVED, AMENDED ELEVATIONS AND FLOOR PLANS RECEIVED 26.02.2020) AT LAND TO THE REAR OF 68 STORRS ROAD, CHESTERFIELD, DERBYSHIRE FOR MR STEPHEN MARTSCHENKO

 

In accordance with Minute No. 299 (2001/2002) Mrs Bradley (objector), Miss Johnson (objector) and Mr Martschenko (agent) addressed the meeting.

 

That the officer recommendation be upheld and the application be refused on the basis of the following:-

 

1.  The proposal does not comply with policies CS2 and CS18 of the Chesterfield Local Plan: Core Strategy 2011 – 2031 and the wider National Planning Policy Framework. The proposal will increase the density of development resulting in an overdevelopment of the plot in a manner which is at odds with the character and grain of the area and which does not accord with policy CS18 b and c and which is contrary to the ‘Successful Places’ SPD which requires development to reflect the character and grain of the settlement by virtue of layout and density. The development also conflicts with paragraph 122 d of the NPPF.

 

2.  The proposal will introduce an irregular built form within the defined building line of Storrs Road. Due to the height, scale and massing of the proposal and presence of a first floor window in the rear elevation, the proposed development is considered to have an adverse impact on the amenity of the adjoining neighbours at 1 Brookfield View Drive and does not accord with the principles of CS2, CS18 and the Successful Places SPD which states that proposal should not cause a loss of daylight, overshadowing or create overbearing relationships between buildings where this would be detrimental to residential amenity.

 

3.  The proposal will have an adverse impact on highway safety due to the lack of turning facility on site for larger service vehicles which may result in either vehicles reversing down the length of the driveway or vehicles waiting on Storrs Road for longer periods than usual contrary to the best interests of highway safety . The proposal therefore does not accord with the provisions of Core Strategy CS18 g) provide adequate and safe vehicle access and parking.

 

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

 

Councillor Barr returned to the meeting.

 

CHE/19/00719/FUL - TWO STOREY DETACHED HOUSE WITH ATTACHED GARAGE 152 HADY LANE, HADY, CHESTERFIELD, DERBYSHIRE FOR MR AND MRS BAILEY

 

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

 

That the officer recommendation be upheld and the application be approved after 19 March, 2020 subject to the following conditions.

 

Public notice had been given that the application was a departure from the local plan, with last date for representations being 19 March, 2020. Any new issues raised in representations received to be considered by the Development Management Manager:-

 

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; 30 revC; 40 revA; 41; 42 revA; 43; 44; 45 revA; 46; 50; KBH/51 and KBH/52

 

3.  There shall be no gates within 5m of the nearside highway boundary and any gates shall open inwards only.

 

4.  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 designed use throughout the construction period.

 

5.  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.

 

6.  Before any other operations are commenced a new vehicular access shall be created to Hady Lane in accordance with the application drawings no’s: KBH 51(visibility splay south) and KBH 52 (visibility splay north) as dated 26.02.20, laid out, constructed and provided with visibility sightlines extending from a point 2.4m from the carriageway edge, measured along the centre line of the access, to the extremities of the site frontage abutting the highway in each direction. The land in advance of the sightlines shall be maintained thereafter in perpetuity clear of any object greater than 1m in height (0.6m in the case of vegetation) relative to the adjoining nearside carriageway edge.

 

7.  The premises, the subject of the application, shall not be occupied until the on-site parking spaces have been provided for in accordance with the application drawings laid out and constructed as may be agreed with the Local Planning Authority and maintained thereafter free from any impediment to designated use.

 

8.  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.

 

9.  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.

 

10. A residential charging point shall be provided 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.

 

10. The development shall include a scheme for the provision of surface water run-off on site, either via the use of a SUDs channel or permeable block paving. If this is not possible the applicant is required to contact the Local Planning Authority to discuss alternative options; and then not complete works until an alternative solution has been agreed in writing by the LPA. The scheme shall incorporate sustainable drainage principles and shall be implemented in full.

 

11. Prior to occupation a scheme of separate foul and surface water drainage which demonstrates that sustainable techniques have been used where feasible and viable shall be submitted to and approved in writing to the Local Planning Authority.  This shall include precise details of the soakaway infiltration rates if soakaways are intended to be used. The development shall be carried out in accordance with the approved scheme.

 

12. No development shall commence until intrusive site investigations have been carried out on site to establish the exact situation in respect of coal mining legacy features. The findings of the intrusive site investigations shall be submitted to the Local Planning Authority for consideration and approval in writing. The intrusive site investigations shall be carried out in accordance with authoritative UK guidance.

 

13. Where the findings of the intrusive site investigations (required by the condition 12 above) identify that coal mining legacy on the site poses a risk to surface stability, no development shall commence until a detailed remediation scheme to protect the development from the effects of such land instability has been submitted to the Local Planning Authority for consideration and approval in writing.  Following approval, the remedial works shall be implemented on site in complete accordance with the approved details.

 

14. A tree protection plan (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/soakaways.

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

c) a full specification for the installation of boundary treatment works and boundary treatments within the RPA.

d) A specification for protective fencing to safeguard trees during land stripping and 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

 

18. Before the ordering of external materials takes place, precise specifications or samples of the walling and roofing materials to be used on the dwelling and garage 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.

 

19. 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.

 

20. A landscape and biodiversity enhancement and management plan (LBEMP) shall be submitted to, and be approved in writing by, the LPA prior to the commencement of the development. The LBEMP should combine both the ecology and landscape disciplines and include the following:-

 

a) Description and location of features to be created, planted, enhanced and managed.

b) Aims and objectives of management.

d) Appropriate management methods and practices to achieve aims and objectives.

e) Prescriptions for management actions.

f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a ten-year period).

g) Details of the body or organization responsible for implementation of the plan.

h) Ongoing monitoring visits, targets and remedial measures when conservation aims and objectives of the plan are not being met.

i) Locations of bat boxes, bird boxes, hedgehog holes and habitat piles (include specifications/installation guidance/numbers).

The LBEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The approved plan will be implemented in accordance with the approved details.

 

21. No removal of hedgerows, trees, shrubs or brambles shall take place between 1st March and 31st August inclusive, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period, and details of measures to protect the nesting bird interest on the site, have first been submitted to and approved in writing by the local planning authority and then implemented as approved.

 

22. 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.

 

23. As part of the landscaping condition (condition 22), 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 and hedgehog gaps in the fences. These shall be installed prior to the occupation of the development hereby approved in accordance with details to have been submitted to and approved by the Local Planning Authority beforehand. These features shall be maintained in accordance with the approved details.

 

B. That a CIL Liability notice be served for £17,558.33 as detailed in section 5.12 of the officer’s report.

 

CHE/19/00131/OUT - UPDATE/ADDENDUM REPORT - OUTLINE PLANNING PERMISSION FOR UP TO 400 DWELLINGS AND PROVISION OF AN AREA OF PUBLIC OPEN SPACE WITH ASSOCIATED LANDSCAPING AND ACCESS FROM INKERSALL ROAD AND INKERSALL GREEN ROAD AT LAND WEST OF INKERSALL ROAD, INKERSALL, CHESTERFIELD, DERBYSHIRE FOR HOLLINS STRATEGIC LAND LLP

 

That the list of planning conditions, previously agreed by planning committee on the 19 November 2019 be amended with advisory notes as set out below.

 

That the officer recommendations be upheld and delegated authority be granted to the Principal Planner to agree any further revisions to conditions and Section 106 planning obligation drafting.

 

1.  Approval of the details of the layout, scale, appearance, landscaping and those remaining access details beyond the 2 no. key entry points at Inkersall Road and Inkersall Green Road approved by this permission (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development or phase of development is commenced on site or on that phase of development.

 

2.  Applications for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three (3) years from the date of this permission. 

 

3.  The development hereby approved shall be begun either before the expiration of five (5) years from the date of this permission or before the expiration of two (2) years from the date of approval of the reserved matters whichever is the later. 

 

4.  Prior to or no later than concurrent with the first reserved matters application submitted for the site the subject of this permission, a supplementary Development Framework Masterplan shall be submitted to the Local Planning Authority for approval in writing.  The Framework shall seek to establish the overarching design approach for the entire site to inform any phased reserved matters proposals.  The Framework should be compatible and expand upon the principles set in the Design and Access Statement (DAS) and those of the adopted Supplementary Planning Document ‘Successful Places: Housing Layout and Design’.   

 

5.  The submission of the reserved matters applications shall be broadly in accordance with the details shown in the Design and Access Statement (DAS) and the Development Framework Masterplan (agreed under the provisions of condition 4 above). 

 

6.  Prior to or no later than concurrent with the first reserved matters application submitted for the site the subject of this permission, a site wide phasing programme (that shall be generally in accordance with the submitted outline application) shall be submitted to the Local Planning Authority for approval in writing. 

 

The phasing programme shall include details of the proposed sequence of development across the entire site, strategic drainage and SuDS infrastructure, the extent and location of individual development phases and the associated access arrangements and timescales for implementation of all the off-site highway improvements works (as required by conditions 8, 11, 12 and 13 below). 

 

7.  No development shall commence until the site wide phasing programme required by condition 6 has been approved in writing by the Local Planning Authority and thereafter each subsequent reserved matters application for any phase (or part thereof) shall be accompanied by an updated programme or statement of compliance for approval by the Local Planning Authority.  Thereafter the development shall be carried out in accordance with the phasing programme as approved and/or updated. 

 

8.  No development shall take place within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above) until detailed designs for the following works has been submitted to the Local Planning Authority for written approval:-

 

• Proposed new estate street junction with Inkersall Road

• Proposed new estate street junction with Inkersall Green Road

• Proposed multi-user links with the Trans-Pennine-Trail, including upgrade of existing links where applicable

• Proposed mitigation Works to footways on Inkersall Road north of the proposed development site

 

The Works shall thereafter be completed in accordance with the agreed sequencing/phasing programme (agreed under the terms of condition 6 and 7) unless otherwise agreed in writing by the Local Planning Authority.

 

9.  No development shall take place within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), including any works of demolition until a construction management plan or construction method statement for the proposed phase of development 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:

 

• parking of vehicles of site operatives and visitors

• routes for construction traffic

• hours of operation

• method of prevention of debris being carried onto highway

• pedestrian and cyclist protection

• proposed temporary traffic restrictions

• arrangements for turning vehicles

• details indicating how additional surface water run-off from the site will be avoided (as requested by the Lead Local Flood Authority - comments dated 09/05/2019). 

 

10. Development shall not be commenced within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), until a detailed scheme of highway improvement works for the signalisation of the existing junction of Inkersall Road with Inkersall Green Road together with a programme for the implementation and completion of the works has been submitted to and approved in writing by the Local Planning Authority.

 

Thereafter the required highway improvement works shall be constructed in accordance with the approved details and shall be completed in accordance with the agreed programme for the implementation and completion of the works which should accord with the phasing/sequencing of development agreed under the terms of condition 6 and 7 above.  

 

For the avoidance of doubt the developer will be required to enter into a 1980 Highways Act S278 Agreement with the Highway Authority in order to comply with the requirements of this Condition.

 

11. Development shall not be commenced within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), until a detailed scheme of highway improvement works for the provision of a pedestrian and cycle crossing facility of Inkersall Road together with a programme for the implementation and completion of the works has been submitted to and approved in writing by the Local Planning Authority.

 

Thereafter the required highway improvement works shall be constructed in accordance with the approved details and shall be completed in accordance with the agreed programme for the implementation and completion of the works which should accord with the phasing/sequencing of development agreed under the terms of condition 6 and 7 above.  

 

For the avoidance of doubt the developer will be required to enter into a 1980 Highways Act S278 Agreement with the Highway Authority in order to comply with the requirements of this Condition.

 

12. Development shall not be commenced within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), until a review of existing street lighting adjacent to the application Site on Inkersall Road and Inkersall Green Road has been carried out with a detailed scheme of improvement works to upgrade to the appropriate standards any lengths not meeting current design criteria together with a programme for the implementation and completion of the works has been submitted to and approved in writing by the Local Planning Authority.

 

Thereafter the required highway improvement works shall be constructed in accordance with the approved details and shall be completed in accordance with the agreed programme for the implementation and completion of the works which should accord with the phasing/sequencing of development agreed under the terms of condition 6 and 7 above.  

 

For the avoidance of doubt the developer will be required to enter into a 1980 Highways Act S278 Agreement with the Highway Authority in order to comply with the requirements of this Condition.

 

13. Before any other operations are commenced within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), (excluding creation of the proposed temporary accesses for construction purposes), a scheme showing how all the existing vehicular and pedestrian accesses to the public highway made redundant as a result of the development shall be permanently closed with a physical barrier and the existing vehicle crossovers reinstated as footway or verge shall be submitted to and approved in writing by the Local Planning Authority.

 

Thereafter the required works shall be constructed in accordance with the approved details and shall be completed in accordance with the agreed programme for the implementation and completion of the works which should accord with the phasing/sequencing of development agreed under the terms of condition 6 and 7 above.  

 

For the avoidance of doubt the developer will be required to enter into a 1980 Highways Act S278 Agreement with the Highway Authority in order to comply with the requirements of this Condition.

 

14. Prior to the commencement of the development within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), details for the proposed phase of development shall be submitted to and approved in writing by the Local Planning Authority showing the means to prevent the discharge of water from the development onto the highway.

 

The approved scheme shall be undertaken and completed prior to the first use of the access and retained as such thereafter.

 

15. The Approved Travel Plan shall be implemented in accordance with the timescales specified therein, to include those parts identified as being implemented prior to occupation and following occupation, unless alternative timescales are agreed in writing with the Local Planning Authority. The Approved Travel Plan shall be monitored and reviewed in accordance with the agreed Travel Plan targets.

 

16. No development shall be commenced within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above),  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.

 

17. No building or other obstruction including landscape features shall be located over or within 5 metres either side of the centre line of each of the public sewers i.e. protected strip widths of 10 metres per sewer, that cross the site. If the required stand-off distance is to be achieved via diversion or closure of a sewer, the developer shall submit evidence to the Local Planning Authority that the diversion or closure has been agreed with the relevant statutory undertaker and that prior to construction in the affected area, the approved works have been undertaken.

 

18. The site shall be developed with separate systems of drainage for foul and surface water on and off site. If sewage pumping is required, the peak pumped foul water discharge shall not exceed 6 (six) litres per second.

 

19. 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.

 

20. Development shall not commence within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), until a detailed design and associated management and maintenance plan of the surface water drainage for the site, in accordance with the principles outline within:

 

a. “Inkersall Road Staveley Flood Risk Assessment and Drainage Management Strategy”, Betts Hydro Consulting Engineers (15/08/2018) 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.

 

21. Development shall not commence within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), 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 of the planning practice guidance.

 

I. into the ground (infiltration);

 

II. to a surface water body;

 

III. to a surface water sewer, highway drain, or another drainage system;

 

IV. to a combined sewer.

 

22. A.   Development shall not commence within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), 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 site investigation/Phase 2 report (which accords with the conclusions of the Desk Study Assessment Report by Brownfield Solutions Ltd dated May 2018). 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.

 

II. 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 I and A II 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.

 

23. In respect of each individual phase of development (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), prior to the submission of reserved matters approval for each phase, a scheme of intrusive site investigations for the mine entries; high walls; and shallow coal workings shall be submitted to the Local Planning Authority for written approval.  Thereafter those intrusive investigations shall be carried out as approved to inform any subsequent reserved matters application. 

 

24. Concurrent with each reserved matters submission (inc. any phased development) in accordance with the provisions of the condition detailed above there shall be a report detailing the following:

 

·        findings arising from both of the intrusive site investigations,

·        the submission of a layout plan which identifies the opencast high walls and appropriate zones of influence for the recorded mine entries within the site, and the definition of suitable ‘no-build’ zones;

·        the submission of a scheme of treatment for the recorded mine entries for approval; and

·        the submission of a scheme of remedial works for the shallow coal workings for approval.

 

Only those remedial details that receive detailed written approval alongside any reserved matters consent, or separate approval under the provisions of this condition shall be implemented on site. 

 

25. No vegetation clearance works shall take place within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), between 1st March and 31st August inclusive, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period, and details of measures to protect the nesting bird interest on the site, have first been submitted to and approved in writing by the local planning authority and then implemented as approved.

 

26. No development shall take place (including demolition, ground works, vegetation clearance) within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), until a construction environmental management plan (CEMP: Biodiversity) relevant to that phase of development has been submitted to and approved in writing by the local planning authority. This shall include recommendations in the Ecological Survey and Assessment, ERAP, 2018. The CEMP (Biodiversity) shall include the following.

 

a) Risk assessment of potentially damaging construction activities.

b) Identification of “biodiversity protection zones”.

c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

d) The location and timing of sensitive works to avoid harm to biodiversity features.

 

e) The times during construction when specialist ecologists need to be present on site to oversee works.

f) Responsible persons and lines of communication.

g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h) Use of protective fences, exclusion barriers and warning signs.

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

 

27. A landscape and ecological management plan (LEMP) shall be submitted to, and be approved in writing by, the Local Planning Authority prior to the commencement of the development within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above).  This shall include recommendations in the Ecological Survey and Assessment, ERAP, 2018. The LEMP should combine both the ecology and landscape disciplines and include the following:

 

a) Description and evaluation of features to be managed.

b) Ecological trends and constraints on site that might influence management.

c) Aims and objectives of management.

d) Appropriate management options for achieving aims and objectives.

e) Prescriptions for management actions.

f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a fifteen-year period).

g) Details of the body or organization responsible for implementation of the plan.

h) Ongoing monitoring visits, targets and remedial measures when conservation aims and objectives of the LEMP are not being met.

i) Locations of bat boxes, bird boxes, hedgehog holes and habitat piles (include specifications/installation guidance/numbers).

j) Key features of SuDS design to benefit wildlife.

 

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The approved plan will be implemented in accordance with the approved details.

 

28. Prior to building works commencing above foundation level within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), a detailed lighting strategy shall be submitted to and approved in writing by the LPA to safeguard bats and other nocturnal wildlife. This should provide details of the chosen luminaires and any mitigating features such as dimmers, PIR sensors and timers. A lux contour plan should be provided to demonstrate acceptable levels of lightspill to any sensitive ecological zones/features. Guidelines can be found in Guidance Note 08/18 - Bats and Artificial Lighting in the UK (BCT and ILP, 2018). Such approved measures will be implemented in full.

 

29. Concurrent with any reserved matters application concerning landscaping within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), 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:

 

1) a scaled plan showing all existing vegetation and landscape/habitat features to be retained and trees/plants to be planted and new habitats created;

 

2) location, type and materials to be used for hard landscaping including specifications, where applicable, for:

 

a) permeable paving

b) tree pit design

c) underground modular systems

d) Sustainable urban drainage integration

e) use within tree Root Protection Areas (RPAs);

 

3) a schedule detailing sizes and numbers/densities of all proposed trees/plants;

 

4) specifications for operations associated with plant establishment and maintenance that are compliant with best practice; and

 

5) types and dimensions of all boundary treatments.

 

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

 

Unless required by a separate landscape management condition, all soft landscaping shall have a written five year maintenance programme following planting. Any new tree(s) that die(s), are/is removed or 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. Unless further specific permission has been given by the Local Planning Authority, replacement planting shall be in accordance with the approved details.

 

30. Prior to the commencement of the development within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), a scheme for the protection of the retained trees, hedgerows and habitats 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.

 

31. The landscaping details submitted to accompany any reserved matters application for any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), shall be accompanied by details for the proposed means of permanent management and maintenance for all public areas (any areas not proposed to be contained within the curtilage of any individual properties/dwellings) at all times following completion of that phase or sub-phase of development, including timescales for implementation. The agreed details shall thereafter be implemented and maintained in a manner as approved in perpetuity. 

 

32. a)  No development shall take place in any phase of the scheme until a Written Scheme of Investigation for archaeological work has been submitted to and approved by the local planning authority in writing, and until any pre-start element of the approved scheme has been completed to the written satisfaction of the local planning authority. The scheme shall include an assessment of significance and research questions; and

 

1.  The programme and methodology of site investigation and recording

2.  The programme for post investigation assessment

3.  Provision to be made for analysis of the site investigation and recording

4.  Provision to be made for publication and dissemination of the analysis and records of the site investigation

5.  Provision to be made for archive deposition of the analysis and records of the site investigation

6.  Nomination of a competent person or persons/organization to undertake the works set out within the Written Scheme of Investigation

 

b) No development shall take place other than in accordance with the archaeological Written Scheme of Investigation approved under condition (a).

 

c) No phase of the development shall be occupied until the site investigation and post investigation assessment for that phase has been completed in accordance with the programme set out in the archaeological Written Scheme of Investigation approved under condition (a) and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured.

 

33. Prior to development commencing within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), 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.

 

34. A residential charging point shall be provided for each new 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.

 

35. 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.

 

36. Before construction works commence or ordering of external materials takes place within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), 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.

 

37. Prior to the commencement of the development within any phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), details of the existing and proposed land levels and the proposed floor levels of the dwellings hereby approved shall be submitted to the Local Planning Authority for consideration. The details submitted shall include sufficient cross sections to fully assess the relationship between the proposed levels and immediately adjacent land/dwellings. The dwelling shall be constructed at the levels approved under this condition unless otherwise agreed, in writing, by the Local Planning Authority.

 

38. The submission of reserved matters applications shall be made in accordance with the recommendations of the Noise Risk Assessment prepared by REC dated March 2019 and each phase (or sub-phase as may be agreed in writing by the Local Planning Authority under the terms of condition 6 and 7 above), shall be accompanied by an Acoustic Design Survey setting out appropriate noise mitigation measures to the dwellings hereby approved. The agreed details shall thereafter be implemented and maintained in a manner as approved in perpetuity.