*The Committee considered the under-mentioned applications in light of reports by the Development Management and Conservation Manager
and resolved as follows:-
CHE/20/00671/COU - CHANGE OF USE OF EXISTING GARAGE TO SALON FACILITY AND UTILITY ROOM AT 7 KIRKDALE CLOSE, CHESTERFIELD FOR MR IAN KIRK-ELLIS
In accordance with Minute No. 299 (2001/2002) Ian Kirk-Ellis (applicant) addressed the meeting.
That the officer recommendation be upheld, subject to an amendment to condition 4 to allow 6 customers per day rather than the officer recommended 2 customers per day, and the application be approved subject to the following conditions:-
1. The use hereby permitted shall cease within 24 months of the approval of the planning application, unless another planning permission has been granted for a further period.
2. The business use of the property shall only be operated within the room previously defined as the garage, as per the plans provided titled “proposed layout”.
3. The business shall be operated by the applicant only and only whilst resident at the application address. No other persons shall be employed at the site.
4. The business shall be operated on an appointment only basis and there shall be no more than 6 customers per day. No more than 2 customers shall be at the premises at any one time.
5. The parking currently available within the site curtilage shall be maintained free from any impediment to its designated use for the life of the development.
6. Notwithstanding the provisions of the Town and Country Planning (Uses Classes) Order 1987, and The Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting these Orders with or without modifications), the premises shall be used as a beauty/hair salon only and for no other purpose, including any other activity within the same class of the schedule to that Order.
7. Within 2 months of the completion of the development hereby approved, the proposed biodiversity measures (2 bird boxes and a bug hotel) shall be implemented on site (as per the email and drawing received 12/11/20). These measures shall be retained and maintained thereafter in accordance with the scheme so approved.
Councillor Callan had declared an interest, departed the Chair and took no part in the consideration of the following item. Councillor Simmons, Vice-Chair, took the Chair for the following item.
CHE/20/00689/FUL - PROPOSED PARTIAL DEMOLITION OF EXISTING BUNGALOW AND RE-DEVELOPMENT INTO A TWO STOREY DWELLING AT 6 RODGE CROFT, OLD WHITTINGTON, CHESTERFIELD FOR MRS J QUINN
In accordance with Minute No. 299 (2001/2002) Keiran Quinn (applicant), Councillor Peter Innes (ward member) and Councillor Jean Innes (ward member) addressed the meeting.
That the officer recommendation not be upheld, that the application be approved and the Development Management and Conservation Manager be granted delegated authority to set appropriate conditions.
Councillor Callan returned to the Chair.
CHE/20/00663/OUT - OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT ON LAND AT 140 NEWBRIDGE LANE, OLD WHITTINGTON, CHESTERFIELD S41 9JA FOR MR ASHLEY HOULTON
That the officer recommendation be upheld and the application be approved subject to the following conditions:-
Reserved matters submission
1. Approval of the details of the access, appearance, landscaping, layout and scale of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.
Time frame for reserved matters submission
2. Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.
Time frame for commencement
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.
Land Stability/Coal Mining Legacy
4. Prior to the submission of the reserved matters intrusive site investigations shall be carried out on site to establish the risks posed to the development by past coal mining activity (shallow coal workings/ mine entry/opencast workings);
5. The reserved matters application shall include:
· the submission of a report of findings arising from the intrusive site investigations;
· the submission of a layout plan which identifies the location of the mine entry, if found present within the site, together with the calculated zones of influence of the mine entry to define a suitable ‘no-build’ exclusion zone;
· the submission of a scheme of remedial works/mitigation measures for the shallow coal workings and mine entry if found present within the site for approval.
6. Prior to the commencement of
development the scheme of remedial works/mitigation measures
outlined in condition 5 shall be undertaken in full.
7. Concurrent with the submission of a reserved matters application, evidence that the site is suitable for use shall be submitted to the Local Planning Authority for consideration and written approval. The evidence shall include the completion of:-
a. Phase 1/desk study report documenting the previous land use history of the site.
b. a Phase 2/intrusive site investigation 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 contamination. Ground gas, ground water and chemical analysis, identified as being appropriate 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.
c. a Remediation Strategy (if necessary) and
d. a Validation report
All the reports a to c shall be submitted to the Council and approved in writing by the Local Planning Authority prior to the development commencing. Part d. shall be submitted to the Council and approved in writing by the Local Planning Authority prior to the occupation of the development.
8. If any part of the site is to be raised or filled using materials brought from outside the application site, the developer must provide documentary evidence that all such materials are free from levels of contamination that would be in excess of appropriate standards. In the event that no such evidence is available, the materials must be subjected to adequate chemical testing to demonstrate that the materials are suitable for their intended final use. All documentary evidence and/or sampling methodology and testing results shall be submitted to and agreed in writing by the Local Planning Authority prior to any material being brought onto site. No such materials shall be imported without prior approval.
Hours of construction
9. Construction work shall only be carried out between the hours of 8:00 am to 6:00 pm Monday to Friday and 9:00 am to 5:00 pm on a Saturday. Construction work shall not be carried out on Sundays or Public Holidays. The term ‘construction work’ shall include mobile and fixed plant/machinery, (e.g. generators) radios and the delivery of construction materials.
Highways - details of site storage/compound
10. Prior to the commencement of operations on site (excluding demolition/site clearance), space shall be provided within the site curtilage for storage of plant and materials, site accommodation, loading and unloading of goods vehicles, parking and manoeuvring of site operatives and visitors vehicles and maintained throughout the contract period in accordance with the approved designs free from any impediment to its designated use.
Highways - submission of visibility splays
11. The reserved matters submission shall include detail showing the new vehicular access to Newbridge Lane provided with 2.4m x 43m visibility splays in either direction, all as agreed in writing with the Local Planning Authority, the area in advance of the sightlines being maintained throughout the life of the development clear of any object greater than 1m in height (0.6m in the case of vegetation) relative to adjoining nearside carriageway channel level.
Highways – no gates or barriers
12. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or in any Statutory Instrument revoking or re-enacting that Order with or without modification) there shall be no gates or other barriers on the existing or new access.
Highways - gradient of access
13. The reserved matters submission shall demonstrate an access driveway to Newbridge Lane that shall be no steeper than 1:14 for the first 5m from the nearside highway boundary and 1:10 thereafter.
Highways parking provision provided prior to occupation
14. The reserved matters submission shall include parking provision for the existing dwelling (2 spaces) and the proposed dwelling (2 spaces).
Electric charging provision
15. 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.
16. Concurrent with the submission of landscaping details as part of a reserved matters application plans/drawings shall be submitted to the Local Planning Authority for written approval demonstrating the creation of suitable habitat which enhances the ecological interest of the site with a maintenance plan, in line with guidance within Paragraph 175d of the NPPF.
(This shall include the planting of native shrubs and trees such as rowan, bird cherry, birch, guelder rose, dogwood, hazel, goat willow, alder buckthorn or fruit trees such as apple and pear (all of these are beneficial for wildlife).
The incorporation of integrated swift bird box or sparrow terrace into the new dwelling, hedgehog highways linking to wider sites).