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/20/00078/FUL - DEMOLITION OF EXISTING PUBLIC HOUSE AND RESIDENTIAL DEVELOPMENT OF 12 TWO-BEDROOM DORMER BUNGALOWS AT THE TRUMPETER INN, HAREHILL ROAD, GRANGEWOOD, CHESTERFIELD, DERBYSHIRE FOR ERICA DEVELOPMENTS LTD

 

In accordance with Minute No. 299 (2001/2002) Stephen Haslam (applicant’s agent) addressed the meeting.

 

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

 

A.  Time Limit

 

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.

 

Location Plan

Site Plan 19-755-01D

GF Plan – 19-755-02D

FF Plan – 19-755-03C

Elevations – 19-755-04A

Landscape Masterplan TPG 04

Tree Protection Plan TPG 03

Tree Constraints Plan TPG 02

Tree Survey TPG 01

Visibility Splays 2292/01 P1

Existing Drainage Plan 2292/02 P1

Proposed Drainage Plan 2292/03 P2

Proposed Drainage Areas 2292/05 P1

Drainage Details 2292/06 P2

 

Design and Access Statement Jan 20

Phase I SI Desk Top Study & Coal Mining Risk Assessment

Coal Mining Report

Supporting Planning Statement

 

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 to demonstrate that surface water disposal via infiltration or watercourse are not reasonably practical;

 

ii)  evidence of existing positive drainage to public sewer and the current points of connection; and

 

iii)  the means of restricting the discharge to the public sewer network to the existing rate less a minimum 30% reduction based on the existing peak discharge rate during a 1 in 1 year storm event, to allow for climate change.

 

Land Condition

 

5.  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.

 

6.  Where the findings of the intrusive site investigations (required by condition 05 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.

 

7.  No development shall take place until a land contamination assessment is submitted to and approved in writing by the Local Planning Authority. The assessment shall include the following:

 

a)  reference to the existing Phase 1/desk study

 

b)  a Phase 2/intrusive site investigation

 

c)  a Remediation Strategy (if necessary) and

 

d)  a Validation report

 

Highways

 

8.      There shall be no gates or other barriers to prevent access to the designated turning area at all times, unless otherwise agreed in writing by the Local Planning Authority.

 

9.       Prior to the occupation of any dwelling, the existing southern vehicular access to Harehill Road shall be permanently closed with a physical barrier and the existing vehicle crossover reinstated as footway in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority.

 

10.  No development shall take place until a Construction Management Plan or Construction Method Statement (CMP/CMS) 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

-  swept paths for construction vehicles expected to enter the site   

   (largest vehicle to be demonstrated)

-  hours of operation

-  method of prevention of debris being carried onto highway

-  pedestrian and cyclist protection

-  proposed temporary traffic restrictions

-  arrangements for turning vehicles

 

11.  No part of the development hereby approved shall be occupied until space has been laid out within the site in accordance with the approved plan for cars to be parked and for vehicles to be manoeuvred such that they may enter and leave the site in forward gear.  Thereafter all spaces and dedicated manoeuvring areas shall be maintained free from any impediment to their designated use in perpetuity.  

 

Ecology

 

12.          Prior to commencement of the demolition of the building a preliminary bat survey of the site to assess the suitability of the structure for use by roosting bats shall be submitted to the local planning authority for consideration.  If the results indicate that the site is suitable for bats or evidence of a roost is found then further emergence surveys would be required during the peak bat activity season (May to August inclusive) to provide survey information compliant with current good practice guidelines. The submitted information shall include mitigation measures and the demolition shall only proceed in accordance with the mitigation measure previously agreed in writing by the local planning authority.

 

Landscaping

 

13. The landscaping scheme shown on the Landscape Masterplan shall be carried out in full during the first planting season following completion of the development hereby approved.

 

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.

 

15. The details within the Tree Protection plan (TPP) reference TPG 03 by Weddle Landscape Design shall be adhered to at all times throughout any land stripping and development.

 

Local Labour

 

16. Prior to development commencing 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.

 

Others

 

17. Before occupation of plots 7, 8 and 9 the rooflights shown for plots 7, 8 and 9 shall be obscure glazed to a minimum of Pilkington level 4 and which shall thereafter be retained as such .

 

18. Notwithstanding the provisions of the General Permitted Development Order (or any order re-enacting that order) there shall be no additional roof windows or extensions or alterations to the boundary treatments without the prior written approval of the Local planning authority.

 

19. Precise details of the means of enclosure of the boundary treatment to Harehill Road shall be submitted to the local planning authority for consideration. The detail agreed in writing shall be carried out on site prior to occupation of any unit and notwithstanding the provisions of the General Permitted Development Order shall be retained as constructed thereafter for the life of the development.

 

20. Precise details of the means of enclosure of the bin stores shall be submitted to the local planning authority for consideration. The detail agreed in writing shall be carried out on site prior to occupation of any unit and shall be retained as constructed thereafter for the life of the development.

 

21. Construction work (inc. any site clearance and demolition works) 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.

 

22. 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.

 

23. Electric Vehicle Charging Points (EVCPs) shall be provided in accordance with the approved site layout for at least 2 no. car parking spaces.  Thereafter the EVCP’s shall be retained and maintained operational for the lifetime of the development. 

 

B.  That a CIL Liability notice be served for £50,763.88 as detailed in section 5.9 of the officer’s report.

 

CHE/20/00177/FUL - PROPOSED DEMOLITION OF EXISTING SEMI-DETACHED PROPERTY AND BUILD NEW DETACHED DORMER BUNGALOW AT WALTON VILLA, 32 MATLOCK ROAD, CHESTERFIELD, DERBYSHIRE S42 7LD for Mr JOHN SCOTT

 

1.  A.  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 be implemented as per the approved plan/s (drawings labelled as Block Plan, Rev A – 1:500 @A3; Proposed elevations, Rev A – 1 :100 @A3; Proposed layout, Rev A – 1:100 @A3; Proposed floor plan, Rev A – 1:50 @A3; Proposed floor layout, Rev A, 1:50 @A3; Cross Section A, Rev A – 1:50 @A3; Cross Section D, Rev A – 1:50 @A3; Cross Section F, Rev A – 1:50 @A3; Proposed landscaping plan, Rev A – 1:200 @A3; Site compound, Rev A – 1:200 @A3; and Drainage layout, Rev A – 1:100 @A3), with the exception of any approved non-material amendment.

 

3.  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.

 

4.  Where the findings of the intrusive site investigations (required by condition 3 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.

 

5.  Following implementation and completion of the approved remediation scheme (required by condition 4 above) and prior to the first occupation of the development, a verification report shall be submitted to and approved in writing by the Local Planning Authority to confirm completion of the remediation scheme in accordance with approved details.

 

6.  Construction work shall only be carried out between the houses of 08:00 am to 6:00pm Monday to Friday and 09:00 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.

 

7.  Prior to commencement of the demolition of the building a preliminary bat survey of the site to assess the suitability of the structure for use by roosting bats shall be submitted to the local planning authority for consideration.  If the results indicate that the site is suitable for bats or evidence of a roost is found then further emergence surveys would be required during the peak bat activity season (May to August inclusive) to provide survey information compliant with current good practice guidelines. The submitted information shall include mitigation measures and the demolition shall only proceed in accordance with the mitigation measure previously agreed in writing by the local planning authority.

Reason - To safeguard against the loss of protected species and habitats in accordance with Policy CS9 and the National Planning Policy Framework.

8.  A residential charging point shall be provided for the dwelling with an IPD65 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 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.

 

9.  The dwelling hereby approved shall not be occupied until a minimum of no. 3 off street parking spaces have been made available for their designated use. Off street parking spaces shall each measure a minimum of 2.4 metres x 5.5 metres (unless parking in front of garage doors in which the space shall measure 2.4 metres x 6.5 metres). To be considered a parking space, the garage shall retain internal measurements of 3.0 metres x 6.0 metres minimum.

 

10. Prior to the ordering of materials, details of the proposed bricks to be used in the east facing gable of no. 34 Matlock Road shall be submitted to the Local Planning Authority for consideration. Only the bricks approved in writing shall be used in the east facing gable of no. 34 Matlock Road.

 

11. Prior to the ordering of roof materials, full details shall be submitted to the Local Planning Authority for consideration. Only the materials agreed in writing shall be used at the application site.

 

12. Prior to the rendering of the dwelling hereby agreed full details of the colour shall be submitted to the Local Planning Authority for consideration. Only the render colour agreed in writing shall be used at the application site.

 

13. Prior to the occupation of the development hereby approved, details of the ecological enhancement measures to be implemented at the site to provide a biodiversity net gain shall be submitted to the Local Planning Authority for consideration. Appropriate ecological enhancement measures shall include bird and/or bat boxes and the details submitted shall include the number of units proposed and the location proposed. Only the ecological enhancement measures agreed in writing shall be implemented on site prior to the development hereby approved being first occupied. The ecological enhancement measures shall remain in perpetuity.

 

B.  That a CIL Liability notice be served for £19,498 as detailed in section 5.9 of the officer’s report.

 

CHE/20/00250/FUL - RE-SUBMISSION OF CHE/19/00199/FUL - ERECTION OF A FREESTANDING TWO STOREY RESTAURANT WITH DRIVE-THRU (A3/A5), CAR PARKING, LANDSCAPING AND ASSOCIATED WORKS. INSTALLATION OF 2NO. COD (CUSTOMER ORDER DISPLAY) WITH ASSOCIATED CANOPIES AT LAND ADJ TO THE ROYAL MAIL DEPOT, WEST BARS, CHESTERFIELD, DERBYSHIRE FOR MCDONALDS RESTAURANTS LTD

 

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.

 

5743_AEW_8172_0001 Rev A – Site Location Plan

5743_AEW_8172_0002 – Block Plan

5743_AEW_8172_0003 Rev A – Existing Site Plan

5743_AEW_8172_0004 Rev C – Proposed Site Plan

5743_AEW_8172_1005 – Proposed Elevations

5743_AEW_8172_1006 – Proposed Floor and Roof Plan

5743_AEW_8172_0015 – Proposed Landscape Plan

5743_AEW_8172_0017 - Proposed Retaining Wall

4180561- 1000 Rev P3 – Proposed Levels

4180561- 1001 Rev P3 – Site Sections

4180561- 1200 Rev P3 – Proposed Drainage

4180561- 1210 Rev P1 – Drainage Detail (1 of 2)

4180561- 1211 Rev P1 – Drainage Detail (2 of 2)

4180561- 1212 Rev P3 – Proposed Drainage Maintenance Plan

 

Supporting Statement (prepared by Planware Ltd dated March 2019)

Drainage Calcs (prepared by Glanville Consultants Ltd dated February 2019)

Transport Assessment (prepared by ADL Traffic and Highways Engineering Ltd dated April 2020)

Travel Plan (prepared by McDonalds dated April 2020)

Tree Survey, Arboricultural Impact Assessment, Arboricultural Method Statement & Tree Protection Plan [7195-D-AIA] (prepared by Hayden Arboricultural Consultants dated February 2018)

Coal Mining Risk Assessment (prepared by Pam Brown Associates dated February 2019)

Phase I Desk Study and Phase II Geo-Environmental Site Investigation (prepared by Pam Brown Associates dated March 2019)

Standard Patio Area – Supporting Specification

Odour Control – Supporting Information

Goal Post Height Restrictor and COD/Canopy – Details

Site Flythrough Video/Illustration – rec’d 02/08/2019

CIL Forms/Liability

McDonalds Litter Control – Standards/Guidance

 

Drainage

 

3.  The development hereby approved shall be constructed in accordance with the Drainage Scheme detailed on drawing no’s 4180561- 1200 Rev P3 – Proposed Drainage, 4180561- 1210 Rev P1 – Drainage Detail (1 of 2), 4180561- 1211 Rev P1 – Drainage Detail (2 of 2) and 4180561- 1212 Rev P3 – Proposed Drainage Maintenance Plan.  The building shall not be occupied until sewage disposal and drainage works have been completed in accordance with the approved plans, unless any alternative is otherwise agreed in writing by the Local Planning Authority.

 

Construction Management

 

4.  No development shall take place until a Construction Management Plan or Construction Method Statement (CMP/CMS) 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

-  swept paths for construction vehicles expected to enter the site  

   (largest vehicle to be demonstrated)

-  hours of operation

-  method of prevention of debris being carried onto highway

-  pedestrian and cyclist protection

-  proposed temporary traffic restrictions

-  arrangements for turning vehicles

 

5.  Construction works 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.

 

Tree Protection

 

6.  Prior to commencement of development Root Protection Area’s (RPA’s) shall be established to the 3 no. protected Maple trees on site in accordance with the Tree Protection Plan (drawing 7195-D-AIA) and tree protection measures shall be erected as outlined in the Tree Report, Tree Impact Assessment and Tree Protection Plan by Hayden’s Arboricultural Consultants dated 11th February 2018.  Throughout site clearance and construction phases the measures outlined therein shall be adhered to at all times unless otherwise agreed in writing by the Local Planning Authority. 

 

7.  In association with the CMP/CMS (required by condition 4) details shall be submitted to and be approved in writing by the Local Planning Authority showing the proposed areas for storage of materials, site cabins, car parking and other associated plant materials and these facilities should be outside the designated RPA’s of the 3 no. protected trees and shall not interfere with the rooting environment of these trees.  Throughout site clearance and construction phases the layout outlined therein shall be adhered to at all times unless otherwise agreed in writing by the Local Planning Authority. 

 

8.  There shall be no excavations for services i.e. electrical cables, inspection chambers, sewage infrastructure etc. within the designated RPA’s unless these details have been exclusively submitted under the provisions of this condition for prior consideration and written approval by the Local Planning Authority.

 

Highways

 

9.  Prior to the commencement of development a detailed scheme of highway improvement works for the provision of the amended access from Markham Road and amended egress onto West Bars, together with a programme for the implementation and completion of the works, shall be submitted to and approved in writing by the Local Planning Authority. These works shall include the provision of exit visibility sightlines measuring 2.4m x 46m on to West Bars; and the maximum achievable sight stopping distance from the West Bars roundabout onto Markham Road towards the site entrance of 51m. No part of the development shall be brought into use until the required highway improvement works have been constructed in accordance with the approved details. 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.

 

10. Prior to the development, the subject of the application, being brought into use, the vehicular and pedestrian accesses shall be created/modified in accordance with the approved designs, the subject of Condition 9 above, all areas (within the development site boundary) in advance of the visibility sightlines shall be retained throughout the life of the development free of any object greater than 1m in height (0.6m in the case of vegetation) relative to adjoining nearside carriageway channel level.

 

11. Prior to installation a scheme detailing any external lighting shall be submitted to the Local Planning Authority for consideration.  Only a scheme which receives approval in writing shall be implemented on site.

 

If within a period of 24 months from the lighting installation being implemented, any complaints are received about glare/overspill, the lights causing the effect shall be immediately turned off.  Before the installation is allowed to be switched back on a night time lighting survey shall be undertaken to assess the full impact of the installation and remedial measures shall be submitted to the Local Planning Authority for consideration and written approval.  Thereafter those remedial measures shall be implemented with immediate effect and retained thereafter as approved.

 

12. The development hereby permitted shall not be occupied until all existing vehicular and pedestrian accesses to the existing highway made redundant as a result of the proposed development shall be permanently closed with a physical barrier and the footway reinstated in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority.

 

13. No part of the development shall be taken into use until space has been provided within the site curtilage for the parking/loading and unloading manoeuvring of staff/customers service and delivery vehicles (including cycle parking), located, designed, laid out and constructed all in accordance with the approved site layout and maintained throughout the life of the development free from any impediment to its designated use.

 

14. The development hereby permitted shall not be occupied until details of cycle parking facilities for the visitors to the development hereby approved have been submitted to and approved in writing by the Local Planning Authority.  These facilities shall be fully implemented and made available for use prior to the occupation of the development hereby permitted and shall thereafter be retained for use at all times.

 

15. There shall be no gates or other barriers to prevent free passage of vehicles through the site, unless otherwise agreed in writing by the Local Planning Authority.

 

16. 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 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.

 

Landscaping

 

17. Within 2 months of commencement of development full details of hard landscape works for the approved development shall be submitted to the Local Planning Authority for consideration.

 

Hard landscaping includes proposed finished land levels or contours; means of enclosure; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.) retained historic landscape features and proposals for restoration, where relevant. These works shall be carried out as approved prior to the occupation of the dwellings. 

 

18. Within 2 months of commencement of development details of a soft landscaping scheme for the approved development shall be submitted to the Local Planning Authority for consideration.

 

The required soft landscape scheme shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers; densities where appropriate, an implementation programme and a schedule of landscape maintenance for a minimum period of five years. Those details, or any approved amendments to those details shall be carried out in accordance with the implementation programme

 

19. 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.

 

Opening Hours/Servicing Hours

 

20. Opening hours of the restaurant/drive-thru shall be restricted to between the hours of 06.00am and 24.00pm (midnight) on any individual day. 

 

21. Deliveries to the site shall only be made between the hours of 07.00am and 22.30pm on any individual day.

 

Others

 

22. 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.

 

23. Electric Vehicle Charging Points (EVCPs) shall be provided in accordance with the approved site layout for at least 2 no. car parking spaces; and passive provision shall be made available for the remainder of the site so that spaces are capable of being readily converted to EVCPs in the future.  Thereafter the EVCP’s shall be retained and maintained operational for the lifetime of the development. 

 

24. 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.

 

B.  That a CIL Liability notice be served in line with the calculation referred to at paragraph 5.9.1 of the officer’s report.