Agenda item

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

 

CHE/20/00484/REM1 - VARIATION OF CONDITION 6 OF PERMISSION CHE/18/00872/FUL TO ALLOW FOR THE CONVERSION OF DWELLING TO 2 DWELLINGS, WITH REVISED VISIBILITY SPLAY OF 2.0M X 47M, AT 220A MANOR ROAD, BRIMINGTON, DERBYSHIRE S43 1NW

 

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

 

1.  The development hereby permitted shall be begun before 24 April 2022

 

2.  The development hereby approved shall be implemented in complete accordance with the approved plans as listed below, with the exception of any approved non-material amendment.

 

Approved Plans:-

 

Drawing Number - 17-167-07 - Ground Floor Plan as proposed

Drawing Number - 17-167-08 - First Floor Plan as proposed

Drawing Number - 17-167-09 - Garage as proposed

Drawing Number - 17-167-10 - Revision A - Revised Site Plan

Drawing Number - 17-167-11 - Site access and visibility splay line details

 

3.  There shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

 

4.  Work shall only be carried out on site between 8:00am and 6:00pm in any one day on 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.

 

5.  A residential charging point shall be provided for the additional dwelling with an IP65 rated domestic 13amp socket, directly wired to the consumer unit with 32 amp cable to an appropriate RCD. The socket shall be located where it can later be changed to a 32amp EVCP. Alternative provision to this specification must be approved in writing, by the local planning authority. The electric vehicle charging points shall be provided in accordance with the stated criteria prior to occupation and shall be maintained for the life of the approved development.

 

6.  Prior to commencement of the development hereby approved, evidence shall have been provided to and approved in writing by the local planning authority demonstrating the inclusion in the property deeds of 222 Manor Road a 2.0 metre by 47 metre visibility splay across the frontage of the property. The development shall thereafter proceed in accordance with the application drawing and the land in advance of the visibility sightline 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.

 

7.  Prior to occupation of the additional dwelling hereby approved the access driveway shall be widened in accordance with the approved drawing 17-167-10A and which shall be retained as such thereafter

 

8.  The proposed additional dwelling shall not be occupied until space has been laid out within the site in accordance with the application drawing 17-167-10A for vehicles to be parked and manoeuvred. Thereafter, the parking and associated manoeuvring areas shall be maintained free from any impediment to their designated use for the life of the development.

 

9.  Details of a 1.8 metre high screen fence or wall to be installed along the boundary of the site with 220 Manor Road, between points A and B shown on the attached plan, shall be submitted to the local planning authority for consideration. The details subsequently agreed in writing by the local planning authority shall have been installed on site prior to occupation of the additional dwelling and which shall be retained thereafter for the life of the development.

 

CHE/20/00314/FUL - ERECTION OF 34 APARTMENTS AND 133 ROOM HOTEL WITH CAFÉ AND RESTAURANT ON LAND AT BASIL CLOSE, CHESTERFIELD FOR WEST ONE CAPITAL GROUP

 

That the officer recommendation be upheld and the application be approved subject to the satisfactory completion of the agreement referred to at (B) below and subject to the following conditions and a CIL Liability notice issued as per section 7 of the officer’s report:-

 

(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 referred to below with the exception of any approved non material amendment or any other requirement of conditions on the permission.

BC060120_P001_A     OS and Block Plan

BC060120_PHGF_A    Hotel - Ground Floor

BC060120_PH1_A      Hotel - Level 1

BC060120_PH2_A      Hotel - Level 2

BC060120_PH3_A      Hotel - Level 3

BC060120_PH4_A      Hotel - Level 4

BC060120_PH5_A      Hotel - Level 5

BC060120_PH6_A      Hotel - Level 6

BC060120_OAGF_A   Full Ground Floor Layout

BC060120_PAGF_A    Apartments - Ground Floor

BC060120_PA1_A       Apartments - Level 1

BC060120_PA2_A       Apartments - Level 2

BC060120_PA3_A       Apartments - Level 3

BC060120_PA4_A       Apartments - Level 4

BC060120_PA5_A       Apartments - Level 5

BC060120_PA6_A       Apartments - Level 6

BC060120_PE_E1_A Hotel Elevations

BC060120_PE_E2_A Apartment Elevations

BC060120_PE_E3_A Context Elevations 1

BC060120_PE_E4_A Context Elevations 2

BC060120_RF1_A         

 

3.  No development shall commence until intrusive investigations have been carried out on site to establish the exact situation in respect of shallow 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 the 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.  A.  Development shall not commence until details as specified in this condition have been submitted to the Local Planning Authority for consideration and those details, or any amendments to those details as may be required, have received the written approval of the Local Planning Authority.

 

I.   A desktop study/Phase 1 report documenting the previous land use history of the site.

 

II.  A site investigation/Phase 2 report where the previous use of the site indicates contaminative use(s). The site investigation/Phase 2 report shall document the ground conditions of the site. The site investigation shall establish the full extent, depth and cross-section, nature and composition of the contamination. Ground gas, groundwater and chemical analysis, identified as being appropriate by the desktop study, shall be carried out in accordance with current guidance using UKAS accredited methods. All technical data must be submitted to the Local Planning Authority.

 

III. A detailed scheme of remedial works should the investigation reveal the presence of ground gas or other contamination. The scheme shall include a Remediation Method Statement and Risk Assessment Strategy to avoid any risk arising when the site is developed or occupied.

 

B.  If, during remediation works any contamination is identified that has not been considered in the Remediation Method Statement, then additional remediation proposals for this material shall be submitted to the Local Planning Authority for written approval. Any approved proposals shall thereafter form part of the Remediation Method Statement.

 

C.  The development hereby approved shall not be occupied until a written Validation Report (pursuant to A II and A III only) has been submitted to and approved in writing by the Local Planning Authority. A Validation Report is required to confirm that all remedial works have been completed and validated in accordance with the agreed Remediation Method Statement.

 

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

 

7.      No development shall take place until details of the proposed means of disposal of foul and surface water drainage, including details of any percolation tests with sizing calculations, balancing works and off-site works, have been submitted to and approved in writing by The Local Planning Authority.

 

8.  Unless otherwise agreed 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 and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

 

9.  In the event it is proposed to import soil onto site in connection with the development the proposed soil shall be sampled at source and analysed in a MCERT certified laboratory, the results of which shall be submitted to the Local Planning Authority for consideration. Only the soil approved in writing by the Local Planning Authority shall be used on site.

 

10. Upon commencement of the development details of the soft landscaping proposed for the scheme, including the green roofs, shall be submitted to the Local Planning Authority for consideration.  The soft landscaping details submitted for consideration shall include detailed planting plans for the site and an implementation and maintenance programme.   Only those details, or any amendments to those details as may be required, which receive the written approval of the Local Planning Authority shall be implemented on site prior to the first apartment or hotel being occupied, unless otherwise agreed in writing by the Local Planning Authority.

 

11. No development shall take place until full details of hard landscape works have been submitted to and approved in writing by the Local Planning Authority.  These details shall include proposed finished levels or contours; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. , refuse or other storage units, signs, lighting etc.); proposed and existing functional services above and below ground (e.g. Drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.).  Only the hard landscaping works approved in writing by the Local Planning Authority shall be implemented on site and retained in perpetuity, unless otherwise agreed in writing by the Local Planning Authority.  The hard landscaping works shall be completed on site prior to either the first apartment or the hotel being occupied, unless otherwise agreed in writing by the Local Planning Authority.

 

12. Within 2 months of commencement of development, unless otherwise agreed in writing by the Local Planning Authority, details of a Green Travel Plan proposal shall be submitted to the Local Planning Authority for consideration. The proposal shall include details of its implementation and a monitoring programme. The Green Travel Plan approved in writing by the Local Planning Authority shall be implemented as approved, monitored and maintained as such thereafter unless otherwise agreed in writing by the Local Planning Authority.

 

13. Before any other operations are commenced space shall be provided within the site curtilage for accommodation/storage of plant and materials, parking and manoeuvring of site operatives' and visitors' vehicles, loading/unloading and manoeuvring of goods vehicles, this shall be laid out and constructed in advance of construction works commencing and maintained thereafter free from impediment throughout the duration of construction works.

 

14. Throughout the period of construction wheel washing facilities shall be provided within the site and used to prevent the deposition of mud and other extraneous material on the public highway. Prior to commencement of the development details of the wheel wash facility to be used shall be submitted to the local planning authority for consideration. The agreed details shall be implemented as part of the scheme. Only the agreed details shall be implemented as part of the scheme.

 

15. The proposed access to Basil Close shall be no steeper than 1 in 14 for the first 5m from the nearside highway boundary.

 

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

 

17. 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.

 

18. Prior to the implementation of any external lighting, a scheme shall be submitted to the Local Planning Authority in writing detailing the proposals for external lighting.  The scheme to be submitted to the Local Planning Authority for its approval in writing shall contain the following information:

 

a)  A site plan showing the proposed locations and heights of the luminaires.

 

b)  Full details of the luminaires to be installed.

 

c)  A site plan plotting the existing and predicted illuminance levels (Lux) across the site and both horizontal and vertical overspill outside the site boundary.

 

d)  Details of the measures to be taken for the avoidance of glare.

 

e) Operating times.

 

f)  Intensity of illumination and power of light sources.

 

g)  Angle and direction of beam of light from luminaires

 

External lighting shall not be installed and used on the site unless it accords with the scheme so approved in writing by the Local Planning Authority.

 

19. No part of the development hereby approved shall be occupied or bought into use until a scheme for the dedication of the parking spaces on site has been submitted to an agreed in writing by the local planning authority. The parking space shall thereafter be laid out in accordance with the approved plan and retained as such and used in accordance with the agreed scheme of dedication.

 

20. The access from Basil Close and the courtyard manoeuvring and parking area shall be provided available for use prior to the first occupation of the apartments or the bringing into use of the hotel, whichever is soonest, and shall be maintained clear of all obstructions to its dedicated use thereafter.

 

21. Prior to the installation of any fume extraction or ducting system in connection with the café or restaurant uses in the scheme full details shall be submitted to the Local Planning Authority in writing detailing the proposals.  Only the details agreed in writing by the Local Planning Authority shall be implemented as part of the development and which shall be retained available for use thereafter.

 

22. Prior to the implementation of the drop off layby on Basil Close, full details shall be submitted to the Local Planning Authority containing the following information:

 

a)  Full construction details including cross sectional information.

 

b)  Drainage details.

 

c)  The rerouted pathway.

 

d)  Any retaining structures.

 

The details approved in writing shall be implemented on site and be available for use prior to the first occupation of the apartments or the bringing into use of the hotel, whichever is soonest, and shall be maintained clear of all obstructions to its dedicated use thereafter.

 

23. Prior to the installation of cycle parking, full details of the provision for both apartments and hotel shall be submitted to the Local Planning Authority for consideration. Only those details approved in writing by the Local Planning Authority shall be implemented as part of each respective component of the development and shall be available for use prior to the occupation of the apartments or the use of the hotel and be retained as such thereafter.

 

24. Prior to construction works commencing full details of the following matters shall be submitted to the Local Planning authority for consideration:

 

a.  The rusticated plinth and its interface with the brickwork above including detailed drawings to scale of 1:10 or 1:20.  The details shall include the design of the plinth, its finished treatment and appearance, dimensions, coursing and jointing. 

 

b.  The principal points of entry into the residential building (Brewery Street entrance), the ground floor commercial unit and the hotel lobby at scale 1:10 or 1:20 including elevations and vertical and horizontal sections showing the extent of any projection of door surrounds, details of the materials, finished treatments and colour. 

 

c.  The proposed external doors and windows at a scale of 1:20 including elevations, vertical and horizontal sections, the depth of reveal and details of the materials, finished treatments and colour.

 

d.  The balconies and balustrades at a scale of 1:20 including elevations, plans and sections together details of materials and finished treatments, including deck/soffit materials and the means of affixing balconies to the building. 

 

e.  The cornices/roof coping of each building at a scale of 1:20 including, sections and elevations together with finished treatment and colour. 

 

f.  The rear service entrance including facing materials to retaining walls and internal walls, the ceiling of the service passage, external lighting and surface treatments. 

 

g.  The Soffit detailing to the underside of the projecting canopy (of the commercial unit), residential balconies and the underside of the service entrance for the hotel. 

 

h.  The finished treatment and balustrade detail to all retaining walls and ramps including sections at a scale 1:50 and including proposed facing materials and railing designs

 

Only those details approved in writing by the Local Planning Authority shall be implemented as part of each respective component of the development.

 

25. Details of ecological enhancement measures to be implemented at the site to provide a measurable biodiversity net gain shall be submitted to the Local Planning Authority for consideration. Only the ecological enhancement measures agreed in writing shall be implemented on site prior to the development hereby approved being first occupied and the ecological enhancement measures shall thereafter remain in perpetuity.

 

26. An Electric Vehicle charging point shall be provided within the courtyard parking area details of which shall be submitted to the local planning authority for consideration. The details agreed in writing shall be implemented as part of the development and shall be provided prior to first occupation of the site and retained thereafter. 

 

27. Full details of security measures to be installed at the site to prevent unauthorised access to the rear courtyard area shall be submitted to the local planning authority for consideration. The agreed details shall be implemented as part of the development and shall be installed and made available concurrent with the first occupation of the buildings on site.

 

28. No individual dwelling hereby approved shall be occupied until the optional requirement for water consumption (110 litres use per person per day) in Part G of the Building Regulations has been complied with for that dwelling.

 

29. Prior to any construction starting on site, a plan shall be submitted to and approved by the Council to determine the number and location of dwelling units to be constructed to the optional requirement for Adaptable and Accessible dwellings in Part M4(2).  No dwelling identified on the plan shall be occupied until the standard has been complied with for that dwelling unit.

 

(B)  That a legal Agreement under S106 of the Planning Act be negotiated and signed covering the following matters as described in the report all before the planning permission is issued:

 

·      Affordable housing through a commuted sum

 

·      A bond which can be called on by the Highway Authority within a year of the full operation of the hotel to cover the cost of the extension of the Traffic Regulation Order to control evening parking on Brewery Street.

 

(C)  That a CIL Liability notice be served for £78,443 as detailed in section 7 of the officer’s report.

 

CHE/19/00459/FUL - DEMOLITION OF EXISTING FORMER PHARMACY BUILDING AND ERECTION OF TWO 4 BEDROOM PROPERTIES AND CONVERSION OF FORMER EXISTING DOCTORS SURGERY TO SEPARATE DWELLINGS AT AVONDALE SURGERY, 3-5 AVONDALE ROAD, CHESTERFIELD, DERBYSHIRE

 

That the officer recommendation be upheld and the application be approved subject to the following conditions and a CIL Liability notice issued as per section 5.11 of the officer’s report:-

 

(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 (dated 26.02.20)

 

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. The existing mature tree to the south-west of the site shall be protected during demolition and construction phases, this shall include the use of protective fencing to safeguard this tree during land stripping and construction phases. No materials and/or equipment, fuels or waste shall be placed within its root protection area.  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.  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.

 

7.  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.

 

8.  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.

 

9. 1 residential charging point shall be provided for each dwelling which has off-road parking spaces (plots 1,2, 5 and 6) and this shall be completed 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. 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 (excluding the demolition of existing structures) until a detailed remediation scheme to protect the development from the effects of coal mining legacy related land instability (shallow mine workings and mine shaft) 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.

 

13. 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.

 

14. 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.

 

15. 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. This shall be based on the concept of the previously submitted landscaping drawing, but including the moving of the bird boxes and trees to the rear, as well as the inclusion of hedging to the front, if possible. 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)  location and design of bird/bat boxes;

 

e)  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.

 

16. There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority. If discharge to public sewer is proposed, the information shall include, but not be exclusive to:-

 

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

 

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

 

c)  the means of restricting the discharge to public sewer to 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.

 

17. No development shall take place including any works of demolition until a construction management plan or construction method statement including a demolition method statement has been submitted to and been approved in writing by the Local Planning Authority. The approved plan/statement shall be adhered to throughout the demolition and construction periods.

 

The statement shall provide for but not necessarily be restricted to the following as appropriate:

 

-   Parking of vehicles of site operatives and visitors

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

-   Hours of operation

-   Method of prevention of debris being carried onto highway

-   Pedestrian and cyclist protection

-   Proposed temporary traffic restrictions

-   Arrangements for turning vehicles

-   Dust suppression to neighbouring residents

-   Limiting impact of noise surrounding dwellings

-   Any other issue related to the safe demolition of the existing buildings

 

18. Details of ecological enhancement measures to be implemented at the site to provide a measurable biodiversity net gain shall be submitted to the Local Planning Authority for consideration. Only the ecological enhancement measures agreed in writing shall be implemented on site prior to the development hereby approved being first occupied and the ecological enhancement measures shall thereafter remain in perpetuity.

 

(B)  That a CIL Liability notice be served for £58,276.04 as detailed in section 5.11 of the officer’s report.

 

Councillor Caulfield left the meeting at this point and did not return.