Agenda item

Applications for Planning Permission - Plans Determined by the Committee

Minutes:

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

and resolved as follows:-

 

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

 

In accordance with Minute No. 299 (2001/2002) Michael Edgar

 (applicant’s agent) addressed the meeting.

 

(A) That the officer recommendation be upheld and the  committee reaffirms the resolution to grant permission for the development subject to the s106 agreement and the conditions as previously set out in the attached report at appendix A but with the inclusion of the following additional conditions:     

 

40. Prior to the commencement of the development hereby approved full details of proposals for the refurbishment, repair, rebuilding or redevelopment of the cottages at 1 – 3 Worksop Road (indicated in the blue line plan reference 01 Revision A Site Plan) shall have been submitted to and approved in writing by the Local Planning Authority. Such approved details shall then be implemented and shall be available for occupation concurrent with the occupation of the 5th new dwelling on the application site.

 

41. 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 as part of the reserved matters submission. Only the ecological enhancement measures agreed shall be implemented on site prior to the development hereby approved being first occupied and the ecological enhancement measures shall thereafter remain in perpetuity.

 

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

 

(B) The references to the former local plan in the reasons for the condition should also be amended as follows:

 

28 Reason - To ensure that any ecological interest on site is appropriately addressed and can be mitigated against, prior to any development taking place, in accordance with policy CLP16 of the Chesterfield Local Plan 2018 - 35 and the National Planning Policy Framework.

 

29 Reason - To ensure that any ecological interest on site is appropriately addressed and can be mitigated against, prior to any development taking place, in accordance with policy CLP16 of the Chesterfield Local Plan 2018 - 35 and the National Planning Policy Framework.

 

30 Reason - To ensure that any ecological interest on site is appropriately addressed and can be mitigated against, prior to any development taking place, in accordance with policy CLP16 of the Chesterfield Local Plan 2018 - 35 and the National Planning Policy Framework.

 

31 Reason - In the interests of biodiversity and to accord with policy CLP16 of the Chesterfield Local Plan 2018 - 35 and the National Planning Policy Framework.

 

32 Reason - In order to promote enhancement and improved connection to the existing footway / cycle network in accordance with the provisions of policy CLP2 and CLP22 of the Chesterfield Local Plan 2018 - 35 and the wider NPPF. 

 

33 Reason - In order to preserve and enhance the significance of the undesignated heritage asset in accordance with policy CLP18 and CLP21 of the Chesterfield Local Plan 2018 - 35 and the wider NPPF. 

 

34 Reason - In order to support the regeneration and prosperity of the Borough, in accordance with the provisions of CLP6 of the Chesterfield Local Plan 2018 - 35.

 

35 Reason - In the interests of sustainable development and to ensure that the development is capable of meeting the needs of future residents and/or businesses in accordance with policy CLP11 of the Chesterfield Local Plan 2018 - 35 and the wider NPPF. 

 

39 Reason - In the interests of amenity and safeguarding the root environment of any protected / retained trees on site in the context of policy CLP15 of the Chesterfield Local Plan 2018 - 35.

 

CHE/20/00614/REM1 -REMOVAL OF CONDITIONS 14, 15 AND 16 OF CHE/17/00359/FUL (ALTERATIONS AND CHANGE OF USE FROM PUBLIC HOUSE TO RESIDENTIAL USE COMPRISED OF 9 FLATS AND A SEPARATE 4 BED DWELLING) AND REPLACEMENT WITH NEW LANDSCAPING CONDITION VICTORIA HOTEL, LOWGATES, STAVELEY S43 3TR

 

Councillor Davenport lost connection to the virtual meeting at this point.

 

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

 

(A) Table of conditions

 

CHE/17/00359/FUL

CHE/20/00614/REM1

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

 

Reason - The condition is imposed in accordance with section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition 1 - The development hereby permitted shall be begun before the 7th August 2021

 

Reason - The condition is imposed in accordance with section 51 of the Planning and Compulsory Purchase Act 2004.

Condition 2 - All external dimensions and elevational treatments shall be as shown on the approved plans with the exception of any approved non material amendment;

Application Form dated 09 Jan 2018, OS LOCATION PLAN dated 09 Jan 2018,PROPOSED SECOND FLOOR dated 10 Jul 2018, PROPOSED ELEVATIONS dated 10 Jul 2018, REVISED SITE PLAN dated 23 Jul 2018, EXISTING ELEVATIONS dated 06 Aug 2018, PROPOSED FIRST FLOOR PLAN dated 06 Aug 2018, PROPOSED GROUND FLOOR PLAN dated 06 Aug 2018.

 

 

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

-       Application Form dated 09 Jan 2018,

-       OS LOCATION PLAN dated 09 Jan 2018

Floor plans

-       PROPOSED SECOND FLOOR dated 10 Jul 2018

-       PROPOSED FIRST FLOOR PLAN dated 06 Aug 2018,

-       PROPOSED GROUND FLOOR PLAN dated 06 Aug 2018.

Amended elevations

-       Window Details, drawing number 3/102 Revision G (dated 12.10.2020)

-       Window Details side elevation from Wateringbury Grove, drawing number 3/102/02 Revision B (dated 07.10.2020)

-       Window Details front elevation from Lowgates, drawing number 3/102/01 Revision C (dated 07.10.2020)

-       Window details rear elevation from rear car park, drawing number 3/102/03 Revision C (dated 07.10.2020)

-       Window details side elevation from memorial park, drawing number 3/012/04 Revision C (dated 07.10.2020)

-       Vintage collection sash windows

 

Condition 3 - Before construction works commence or ordering of external materials takes place, precise specifications or samples of the 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.

 

Condition 3 – The development shall be carried out in accordance with materials detailed in the approved ‘Boundary Treatment Details, drawing number 3/101 (dated 17.08.2020)’ and ‘Car Park Boundary Wall Plan & Elevation as Proposed, drawing number 3/100 (dated 20.08.2020)’ unless otherwise agreed in writing by the Local Planning Authority.

 

Notwithstanding the details as shown on the submitted plans, the proposed replacement trees shall be implemented in accordance with details contained in the previously

submitted Arboricultural Impact Assessment by Jon Coe reference JC/152/180723 and dated the 23rd July 2018.

Notwithstanding the requirements of the Arboricultural Impact Assessment listed above, only those details as shown on the approved plan shall be implemented on site and thereafter retained for the life of the development.

 

Condition 4 - No development shall take place until full details of both hard and soft landscape works, bin storage and boundary treatments including the retention of the freestanding pub sign have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved.

 

 

Condition 4 – The hard and soft landscaping, bin storage and boundary treatments shall be carried out in full accordance with ‘Boundary Treatment Details, drawing number 3/101 (dated 17.08.2020)’ including the retention of the freestanding pub sign.

 

Notwithstanding the details as shown on the submitted plan the proposed replacement trees shall be implemented in accordance with details contained in the previously submitted Arboricultural Impact Assessment by Jon Coe reference JC/152/180723 and dated the 23rd July 2018.

Notwithstanding the requirements of the Arboricultural Impact Assessment listed above including an enlarged planting bed, only those details as shown on the approved plan shall be implemented on site and thereafter retained for the life of the development.

 

Condition 5 - Unless otherwise agreed in writing by the local planning authority, development shall not commence until details of the proposed windows and doors with cross sections have been submitted to the Local Planning Authority for consideration and written approval. Only the approved details shall be incorporated as part of the development, unless otherwise agreed in writing by the Local Planning Authority.

 

Remove – contained in approved plans drawing (condition 2)

Condition 6 - 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.

Condition 6 5 - 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

 

Condition 7 - 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 development hereby approved

without the prior written agreement of the Local Planning Authority.

 

 

Condition 7 6 - 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 development hereby approved without the prior written agreement of the Local Planning Authority.

 

Condition 8 - The rooflights shall be laid flush with the roof and the boundary wall to the South East of the site shall be removed.

 

Condition 8 7 - The rooflights shall be laid flush with the roof.

 

 

Condition 9 - 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.

 

Condition 9 8 – The development shall be carried out in accordance with the submitted ‘Training and Development Policy March 2020’ and supporting letter dated 14th September 2020 from Chris Griffin.

 

Condition 10 - Before any operations are commenced, space shall be provided within the site curtilage for

site accommodation, storage of plant and materials, parking and manoeuvring of site operative's and visitor's vehicles together with the loading / unloading and manoeuvring of goods vehicles, designed, laid out and constructed all as may be agreed with the Local Planning Authority in advance of construction work commencing and maintained free from impediment throughout the

duration of construction works.

 

Condition 10 9 - The development shall be carried out in accordance with the submitted ‘Traffic Management Plan Prizehouse Construction (received 26.06.2020)’.

 

Condition 11 - All parking spaces shall be formally demarcated on the ground in permanent marking

materials and allocated to specific residential units. The approved scheme shall be implemented in full prior to occupation of any residential unit.

 

 

Condition 11 10 - All parking spaces shall be formally demarcated on the ground in permanent marking

materials and allocated to specific residential units. The approved scheme shall be implemented in full prior to occupation of any residential unit.

 

Condition 12 - The parking and turning layout as shall be maintained free from any impediment to its designated use

 

Condition 12 11 - The parking and turning layout as shall be maintained free from any impediment to its designated use

 

Condition 13 - Prior to the occupation, details shall be provided to the local authority for approval in writing showing adequate bin storage and a bin dwell area for use on refuse collection days clear of the

public highway, within the site curtilage clear of all access and parking and turning provision and

retained thereafter free from impediment to designated use.

 

Condition 13 12 - Prior to the occupation of the development the bin storage area/dwell shall be provided in accordance with drawing  ‘Boundary Treatment Details, drawing number 3/101 (dated 17.08.2020) and thereafter retained from impediment to the designated use for the life of the development.

 

Condition 14 - Notwithstanding the details contained within the Arboricultural Impact Assessment by Jon Coe Tree Services Ltd dated the 23rd July 2018 the 2 no. protected Cherry trees which lie adjacent to the boundary with Wateringbury Grove shall be retained as part of the scheme hereby approved. Prior to any development commencing a revised Arboricultural Impact Assessment shall be submitted to the Local Planning Authority, for approval in writing, which considers and proposes measures to protect the 2 no. protected Cherry trees that are to be retained alongside the details of the site layout as agreed. The development thereafter shall be implemented in strict accordance with the approved details within the revised assessment.

 

Condition 14 13 - Two new trees shall be planted in the first available planting season after the removal of T1 & T2 Cherry of TPO 293 in the location and to the specifications outlined in the Arboricultural Impact Assessment by Jon Coe reference JC/152/180723 sections 4.5 ‘Replacement Planting’, 6.3 ‘Tree Planting’ and Appendix H. The new tree planting can be carried out either during the development once the new wall has been constructed or once the development has been completed and the trees removed.

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

 

The tree protection measures as outlined in the Arboricultural Impact Assessment by Jon Coe reference JC/152/180723 sections 5.2 ‘Temporary Fencing’ and Appendix H shall be implemented in full to protect the rooting environment of the two new replacement trees.

 

Condition 15 - Before any development or construction work begins, a pre-commencement meeting shall be held on site and attended by the developers appointed arboricultural consultant or the site manager/foreman and a representative from the Local Planning Authority (LPA) to discuss details of the working procedures within the revised Arboricultural Impact Assessment (as per condition 14 above) and agree either the precise position of the approved tree protection measures to be installed OR that all tree protection measures have been installed in accordance with the approved tree protection plan. The development shall thereafter be carried out in accordance with the approved details or any variation as may subsequently be agreed in writing by the Local Planning Authority.

 

remove

Condition 16 - There shall be no excavation or raising or lowering of levels within the prescribed root protection area as agreed under the provisions of condition 14 above, unless agreed in writing by the Local Planning Authority.

 

Remove

 

(B) That a new Tree Preservation Order be made covering the two replacement trees.

 

Councillor Davenport re-joined the virtual meeting at this point.

Supporting documents: