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/20/00632/FUL - PROPOSAL: ERECTION OF TWO HOUSES INCLUDING FRONTAGE PARKING AND GARDENS AND A SIDE ACCESS PATH TO OLD HOUSES. REVISED DRAWINGS RECEIVED 14/01/2021 AT LAND ADJACENT TO 10 OLD HOUSES, PICCADILLY ROAD, CHESTERFIELD, S41 0EH

 

In accordance with Minute No. 299 (2001/2002) Charlotte Stainton

(applicant’s agent) addressed the meeting.

 

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.

 

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

 

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).

 

•        Report: Nesting bird report 26th June 2020 (submitted 15/10/2020)

•        - Drawing – Tree protection plan – PDR02 (submitted 05/11/2020)

•        - Report: Appendix A Enviro+GeoInsight Report (submitted 05/11/2020)

•        - Report: Appendix B Historical Ordnance Survey Plans (submitted 05/11/2020)

•        - Report: Appendix C Coal Authority Consultants Coal Mining Report (submitted 05/11/2020)

•        - Report: Ecological Appraisal, Armstrong Ecology Ltd, June 2020 (submitted 05/11/2020)

•        - Report: Figures and drawings CMRA (submitted 05/11/2020)

•        - Report: Preliminary Geotechnical, Geo-environmental and Mining Risk Assessment (submitted 05/11/2020)

•        - Report: Plates (CMRA and Phase 1) (submitted 05/11/2020)

•        - Report: Tree Survey and constraints (submitted 05/11/2020)

•        - Revised drawing: Street scenes –  OH/SS/01A – 1:100 @ A2 (submitted 09/12/2020)

•        - Revised drawing: Proposed dwelling Plot 1 – MBB/PR/PD1/01B – Scale 1:100 @ A3 (submitted 14/01/2021)

•        - Revised drawing: Proposed dwelling Plot 2 – MBB/PR/PD2/01B – Scale 1:100 @ A3 (submitted 14/01/2021)

•        - Revised drawing: Proposed site layout – OH/SL/01C – Scale 1:200 @ A3 (submitted 14/01/2021)

•        - Drawing: Railings – Drawing no. 00 J1/01064 (submitted 03/02/2021)

•        - Drawing: Railing gate – Drawing no. J1/02157 (submitted 03/02/2021)

•        - Image: Railing (submitted 12/02/2021)

•        - Drawing: OS Visibility splay 1:500 @ A4 (submitted 24/02/2021)

 

3.  No development shall commence until:

 

a.  A scheme of intrusive site investigations has been carried out on site to establish the risks posed to the development by part coal mining activity; and

 

b.  any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed.

 

The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance.

 

4.  Prior to the occupation of the development a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.

 

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 written approval of the Local Planning Authority.

 

i.   A site investigation/phase II report where the previous use of the site indicates contaminative use(s).  The site investigation/phase II 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, groundwater 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.

 

ii.  A detailed scheme of remedial works should the investigation revel the presence of ground gas or 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 the 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 proposal 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 II only) has been submitted to and approved in witing 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.  Notwithstanding the details submitted on drawing nos. MBB/PR/PD1/01B and MBB/PR/PD2/01B, prior to the ordering of materials to be used at the application site, precise specifications or samples of the proposed materials shall be submitted to the Local Planning Authority for consideration. Only the materials approved in writing by the Local Planning Authority shall be used as part of the development.

 

7.  Prior to the commencement of the hereby approved development at the application site, a biodiversity enhancement plan (BEP) shall be submitted to, and approved in writing, by the LPA. The BEP shall include the following:

 

a.  Details of planting and composition for hedgerow boundaries in particular to the east to act as a buffer between the development and the Piccadilly Cottages Scrub Local Wildlife Site. The species mix should comprise native species of tree and shrub.

 

b.  Location and height of no.2 integrated swift bird bricks.

 

Only the approved details shall be implemented at the application site and shall be retained for the life of the development hereby approved.

 

8.  Notwithstanding the provisions of condition 7 above, prior to completion of the application site, or prior to first occupation, whichever is sooner, details of treatment of all parts of 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 detailed in the first planting season after completion or first occupation of the development, whichever is sooner. Details shall include;

 

a)  a scaled plan showing vegetation to be retained and 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.

        

9.  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 (unless the Local Planning Authority gives its written consent to any variation).

          

10. Prior to the commencement of the development, the tree protection measures submitted with this application by Weddle Landscape Design shall be implemented in accordance with the details and remain in situ until the development is completed.

 

11. Prior to commencement of the development, a detailed landscaping scheme shall be submitted which shall include details of the tree protection measures or method statement to be implemented to avoid any compaction within the designated tree protection zone as shown on the TPP by Weddle Landscapes during any landscaping activities.

 

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

 

13. At 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, laid out and constructed in accordance with detailed designs to be submitted in advance to the Local Planning Authority for written approval and maintained throughout the contract period in accordance with the approved designs free from any impediment to its designated use.

 

14. Before any other operations are commenced, excluding condition 13 above, the existing access to Piccadilly Road shall be modified in accordance with revised application drawings first submitted to the Local Planning Authority, laid out, constructed and provided with visibility sightlines of 2.4m x 39m in the Northwest direction and 2.4m x 43m in the Southeast direction of Piccadilly Road, the area in advance of the sightlines being maintained clear of any object greater than 1m in height (0.6m in the case of vegetation) relative to the adjoining nearside carriageway channel level.

 

15. Prior to the construction of any driveways or parking areas, details of surface water drainage provision to those areas (so as to adequately mitigate runoff of surface water on to the highway) shall be submitted to and approved in writing by the Local Planning Authority. The approved drainage details shall be fully implemented prior to the first occupation and thereafter maintained in a fully functional state.

 

16. Construction works shall only be carried out between the hours of 8:00am to 6:00pm Monday to Friday and 9:00am to 5:00pm 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 materials. NB- this condition takes into account the current guidance issued by Derbyshire County Council, Highways Agency and all Utility companies.

 

17. 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.

 

18. The development hereby approved shall not be occupied until the optional requirement for water consumption (110 litres water use per person per day) in Part G of the Building Regulations have been complied with.

 

19. The development hereby approved shall be carried out in strict accordance with the mitigation strategy/ measures detailed in section 4.21 and 4.24 of the submitted Ecological Appraisal (Armstrong Ecology Ltd, June 2020).

 

20. The premises, the subject of the application, shall not be occupied until space has been provided within the application site in accordance with the application drawings for the parking and manoeuvring of residents vehicles, laid out, surfaced and maintained throughout the life of the development free from any impediment to its designated use.

 

21. Notwithstanding the provision of the Town and Country Planning (General Permitted) Development Order 2015 (as amended), the window located in the first floor of the south facing elevation of plot 1 shall be obscurely glazed to a minimum of Pilkington Level 4 prior to the occupation of the dwelling hereby approved. The window shall be retained as such in perpetuity thereafter.

 

22. Notwithstanding the provision of the Town and Country Planning (General Permitted) Development Order 2015 (as amended), the window located in the first floor of the south facing elevation of plot 1 shall be fixed and non opening, unless the opening part is 1.7 metres above first floor level.

 

23. Notwithstanding the provision of the Town and Country Planning (General Permitted) Development Order 2015 (as amended), the window located in the first floor of the north  facing elevation of plot 2 shall be obscurely glazed to a minimum of Pilkington Level 4 prior to the occupation of the dwelling hereby approved. The window shall be retained as such in perpetuity thereafter.

 

24. Notwithstanding the provision of the Town and Country Planning (General Permitted) Development Order 2015 (as amended), the window located in the first floor of the north facing elevation of plot 2 shall be fixed and non-opening, unless the opening part is 1.7 metres above first floor level.

 

25. The application site shall be developed with separate systems of drainage for foul and surface water drainage.

 

26. Notwithstanding the provision of the Town and Country Planning (General Permitted) Development Order 2015 (as amended), there shall be no gates or other barriers to the parking spaces hereby approved.

 

27. A residential charging point shall be provided for each 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 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)  That a CIL Liability notice be served for £10,406.00 as detailed in section 6.92 of the officer’s report.