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/20/00432/FUL - CONSTRUCTION OF A SOLAR PHOTOVOLTAIC FARM WITH BATTERY STORAGE AND OTHER ASSOCIATED INFRASTRUCTURE, INCLUDING INVERTERS, SECURITY CAMERAS, FENCING, ACCESS TRACKS AND LANDSCAPING ON LAND ADJACENT TO INKERSALL ROAD, STAVELEY, CHESTERFIELD FOR INKERSALL SOLAR FARM LTD.

 

Councillor Mann had declared an interest in the following item and left the meeting at this point.

 

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

 

In accordance with Minute No. 299 (2001/2002) James Hartley-Bond (applicant) addressed the meeting.

 

1.  The planning permission is granted for a period of 40 years from the commencement of the solar farm development. Not less than 12 months from the expiry of the 40 years or on cessation of electricity generation on site (whichever is sooner) details of the removal of the array and associated equipment; the restoration of the land to agricultural use; and the phasing of works shall be submitted to the Local Planning Authority for consideration / approval. Not less than 6 months from the expiry of the 40 years or on cessation of electricity on site (whichever is sooner) all development hereby permitted shall be removed and the land restored to agricultural land in accordance with the approved scheme.

 

2.  Prior to the commencement of the development hereby approved, full details of the final locations, design and materials to be used for the site infrastructure, such as; the panel arrays, battery cabins, inverters, control room, substations, power conversion system, HVAC unit, cabins, containers, CCTV cameras and fencing shall be submitted to and approved in writing by the local planning authority. Subsequently the development shall be carried out in accordance with the approved details and be retained as such for the life of the development.

 

3.  No development shall take place on site (including site preparation works) until a Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following:-

 

a)      Risk assessment of potentially damaging construction activities.

 

b)      Identification of “biodiversity protection zones.

 

c)      Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

 

d)      The location and timing of sensitive works to avoid harm to biodiversity features.

 

e)      The times during construction when specialist ecologists need to be present on site to oversee works.

 

f)       Responsible persons and lines of communication.

 

g)      The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h)      Use of protective fences, exclusion barriers and warning signs.

 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

 

4.  A Landscape and Ecological Management Plan (LEMP) shall be submitted to and be approved in writing by the Local Planning Authority prior to the commencement of the development. The LEMP should combine both the ecology and landscape disciplines and include the following:

 

a)      Description and evaluation of features to be managed, including full details of habitats to be restored and created upon completion of works.

 

b)      Ecological trends and constraints on site that might influence management.

 

c)      Aims and objectives of management.

 

d)      Appropriate management options for achieving aims and objectives.

 

e)      Prescriptions for management actions.

 

f)       Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).

 

g)      Details of the body or organization responsible for implementation of the plan.

 

h)      Ongoing monitoring visits, targets and remedial measures when conservation aims and objectives of the LEMP are not being met.

 

i)       Locations of roosting features, nesting features and habitat piles (include specifications/installation guidance/numbers)

 

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The approved plan shall be implemented in accordance with the approved details.

 

5.  Within 3 months of commencement of the development, full details of a soft landscaping scheme for the site 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, which are agreed in writing by the local planning authority shall be carried out in accordance with the implementation programme.

 

6.  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.

 

7.  The development shall be carried out in accordance with the submitted Flood Risk Assessment and Drainage Strategy v2.1 and the Technical Memo dated 10/2/21 by Kata Consulting Ltd and the mitigation measures they detail.

 

8.  No development shall take place (including site preparation works) until full details, cross sections  and calculations of the filter trenches and ditches and their outfalls to local watercourses have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented in full in accordance with the approved details and shall be maintained as such for the life of the development.

 

9. A verification report carried out by a qualified drainage engineer shall be submitted to and approved by the Local Planning Authority prior to the site being brought into use. This shall demonstrate that the drainage system has been constructed as per the agreed scheme (or detail any minor variations), provide the details of any management arrangements for surface water attenuation devices/areas, flow restriction devices and outfalls.

 

10.    Development shall not take place on the eastern parcel of the site until a Written Scheme of Investigation for archaeological work has been submitted to and approved by the local planning authority in writing.  The scheme shall include:

 

1.  The programme and methodology of site investigation and recording;

 

2.  The programme for post investigation assessment;

 

3.  Provision to be made for analysis of the site investigation and recording;

 

4.  Provision to be made for publication and dissemination of the analysis and records of the site investigation;

 

5.  Provision to be made for archive deposition of the analysis and records of the site investigation;

 

6.  Nomination of a competent person or persons/organization to undertake the works set out within the Written Scheme of Investigation.

No development shall take place other than in accordance with the agreed archaeological Written Scheme of Investigation.

 

11. No development shall take place until a Construction Method Plan has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

 

a.      the parking of vehicles of site operatives and visitors;

 

b.      transportation of materials to the site;

 

c.      loading and unloading of plant and materials;

 

d.      storage of plant and materials used in constructing the development;

 

e.      the erection and maintenance of security fencing including and decorative displays and facilities for public viewing, where appropriate;

 

f.       any wheel washing facilities required;

 

g.      measures to control the emission of dust and dirt during construction and

 

h.      a scheme for recycling/disposing of any waste resulting from demolition and construction works.

 

12. The development shall be carried out in accordance with the plan(s) accompanying the application as modified by the revised plans deposited by e mail on 24th March 2021 (LCS007-PLE-01 Rev 08 Indicative Site Layout Plan External; LCS007-DZ-01 Rev 04 Development Zoning Plan and D34.19-06-Rev I Landscape and Biodiversity Scheme).

 

Councillor Mann returned to the meeting.

 

CHE/20/00420/FUL - RECONSTRUCTION OF THE CHESTERFIELD CANAL BETWEEN ECKINGTON ROAD AND HAGUE LANE INCLUDING LIFTING LEVEL OF EXISTING EARTH EMBANKMENT, INSTALLATION OF AQUEDUCT OVER RIVER DOE LEA CONSTRUCTION OF TWO VEHICULAR ACCESS BRIDGES, TWO PEDESTRIAN /CYCLE BRIDGES, A NEW LOCK AND ASSOCIATED INFRASTRUCTURE  AT ECKINGTON ROAD TO HAGUE LANE, STAVELEY, CHESTERFIELD FOR CHESTERFIELD CANAL TRUST LTD.

 

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 the expiration of three years from the date of this permission.

 

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).

 

•        9213-42-DCC-PL-100-B Site Location Plan

•        9213-42-DCC-PL-101-1-A General Arrangement

•        9213-42-DCC-PL-101-2 General Arrangement

•        9213-42-DCC-PL-101-3 General Arrangement

•        9213-42-DCC-PL-101-4 General Arrangement

•        9213-42-DCC-PL-101-5-A General Arrangement

•        9213-42-DCC-PL-102-1-A Field & Surface Water Drainage

•        9213-42-DCC-PL-102-2 Field & Surface Water Drainage

•        9213-42-DCC-PL-102-3 Field & Surface Water Drainage

•        9213-42-DCC-PL-102-4 Field & Surface Water Drainage

•        9213-42-DCC-PL-102-5-A Field & Surface Water Drainage

•        9213-42-DCC-PL-103-1 Cross Sections

•        9213-42-DCC-PL-103-2 Cross Sections

•        9213-42-DCC-PL-103-3 Cross Sections

•        9213-42-DCC-PL-103-4 Cross Sections

•        9213-42-DCC-PL-103-5 Cross Sections

•        9213-42-DCC-PL-104-1-A Footpath, Bridleway and Trail Networks

•        9213-42-DCC-PL-104-2 Footpath, Bridleway and Trail Networks

•        9213-42-DCC-PL-104-3 Footpath, Bridleway and Trail Networks

•        9213-42-DCC-PL-104-4 Footpath, Bridleway and Trail Networks

•        9213-42-DCC-PL-104-5-A Footpath, Bridleway and Trail Networks

•        9213-42-DCC-PL-200-1-B Mineral Rail Bridge (13b) and new canal lock (5b and 5c) General Arrangement

•        9213-42-DCC-PL-201-1 Trans-Pennine Trail Bridge 13c

•        9213-42-DCC-PL-202-1 Bellhouse Bridge 14

•        9213-42-DCC-PL-203-1 Doe Lea Aqueduct Bridge 14a

•        9213-42-DCC-PL-204-1 Packsaddle Bridge 15

•        9213-42-DCC-PL-205-1 Red Bridge 16

 

3.  Development shall not commence in those areas identified as being at risk of instability until intrusive site investigations have been carried out 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, development shall not 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.  Development shall not commence on any particular phase or area of the site until a site investigation/phase 2 report for that phase or area of the site has 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.

 

The site investigation/Phase 2 report shall document the ground conditions of the site and establish the full extent, depth and cross-section, nature and composition of any contamination. Chemical analysis, identified as being appropriate by the phase 1 desktop study, shall be carried out in accordance with current guidance using UKAS accredited methods and all technical data shall be submitted to the Local Planning Authority.

 

A detailed scheme of remedial works shall be submitted if the investigation reveals the presence of contamination and the scheme shall include a Remediation Method Statement and Risk Assessment Strategy to avoid any risk arising when the site is developed.

 

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.

 

The restored canal hereby approved shall not be brought into use until a written Validation Report confirming that all remedial works have been completed and validated in accordance with the agreed Remediation Method Statement has been submitted to and approved in writing by the Local Planning Authority.

 

6.  No development shall take place on any particular phase or area of the site (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority for that particular phase or area of the site. The CEMP (Biodiversity) shall include the following.

 

a)      Risk assessment of potentially damaging construction activities.

 

b)      Identification of “biodiversity protection zones”, to include all designated sites (pLWS, LWS, LNR).

 

c)      Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

 

d)      The location and timing of sensitive works to avoid harm to biodiversity features.

 

e)      The times during construction when specialist ecologists need to be present on site to oversee works.

 

f)       Responsible persons and lines of communication.

 

g)      The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

 

h)      Use of protective fences, exclusion barriers and warning signs.

 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

 

7.  A Landscape and Ecological Management Plan (LEMP) shall be submitted to and be approved in writing by the Local Planning Authority prior to the commencement of the development on any particular phase or area of the site. The LEMP should combine both the ecology and landscape disciplines and include the following:

 

a)      Description and evaluation of features to be managed, including full details of habitats to be restored and created upon completion of works.

 

b)      Ecological trends and constraints on site that might influence management.

 

c)      Aims and objectives of management.

 

d)      Appropriate management options for achieving aims and objectives.

 

e)      Prescriptions for management actions.

f)       Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).

 

g)      Details of the body or organization responsible for implementation of the plan.

 

h)      Ongoing monitoring visits, targets and remedial measures when conservation aims and objectives of the LEMP are not being met.

 

i)       Locations of roosting features, nesting features and habitat piles (include specifications/installation guidance/numbers).

 

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The approved plan shall be implemented in accordance with the approved details.

 

8.  Within 3 months of commencement of the development on any particular phase or area of the site, details of a soft landscaping scheme for that phase or part of the site 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, which are agreed in writing by the local planning authority shall be carried out in accordance with the implementation programme.

 

9.  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.

 

10. Within 3 months of commencement of the development on any particular phase or area of the site, details of a hard landscaping scheme for that phase or part of the site shall be submitted to the Local Planning Authority for consideration. Hard landscaping includes proposed finished land levels or contours, means of enclosure and minor structures such as furniture, refuse or other storage units, signs and lighting. The details agreed in writing by the local planning authority shall be carried out as approved as part of the approved development. 

 

11. The development shall be carried out in accordance with the submitted Flood Risk Assessment (ref February 2020 / CKJ -JBAU-XX-00-RP-HM-0001-S1-P02-Chesterfield_Canal_FRA / JBA Consulting) and the following mitigation measures it details.

 

The Aqueduct soffit levels shall be set at a minimum of 53.85m AOD and such mitigation measures shall be fully implemented prior to an operational use of the canal within the application site and which shall subsequently be retained and maintained thereafter for the life of the development.

 

12. The development hereby permitted shall not be commenced until such time as a scheme to ensure a detailed design for the compensatory flood storage has been submitted to, and approved in writing by, the local planning authority. The agreed scheme shall be fully implemented and subsequently maintained, in accordance with the scheme’s timing/phasing arrangements, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

 

13. No construction works in the relevant area(s) of the site shall commence until measures to protect the public sewerage infrastructure that is laid within the site boundary have been implemented in full accordance with details that have been submitted to and approved by the Local Planning Authority. The details shall include but not be exclusive to the means of ensuring that access to the sewers and associated Waste Water Treatment Works for the purposes of repair and maintenance by the statutory undertaker shall be retained at all times. If the required stand - off or protection measures are to be achieved via diversion or closure of any sewer, the developer shall submit evidence to the Local Planning Authority that the diversion or closure has been agreed with the relevant statutory undertaker and that, prior to construction in the affected area, the approved works have been undertaken.

 

14. Within 3 months of commencement of the development a management and maintenance plan of the Canal within the application site shall be submitted to the Local Planning authority for consideration. The details agreed in writing by the local planning authority shall be implemented as approved as part of the approved development.

 

15. A verification report carried out by a qualified drainage engineer shall be submitted to and approved by the Local Planning Authority prior to the restored canal being brought into use. This shall demonstrate that the drainage system has been constructed as per the agreed scheme (or detail any minor variations), provide the details of any management company and state the national grid reference of any key drainage elements (surface water attenuation devices/areas, flow restriction devices and outfalls).

 

16     Development shall not take place on any particular phase or area of the site until a Written Scheme of Investigation for archaeological work has been submitted to and approved by the local planning authority in writing.  The scheme shall include:

 

1.      The programme and methodology of site investigation and recording;

 

2.  The programme for post investigation assessment;

 

3.  Provision to be made for analysis of the site investigation and recording;

 

4.  Provision to be made for publication and dissemination of the analysis and records of the site investigation;

 

5.  Provision to be made for archive deposition of the analysis and records of the site investigation;

 

6.  Nomination of a competent person or persons/organization to undertake the works set out within the Written Scheme of Investigation.

 

No development shall take place other than in accordance with the agreed archaeological Written Scheme of Investigation.

 

17. Prior to the installation of any new bridge in the scheme, full details and specifications shall be submitted to the Local Planning Authority for consideration.  These details shall include materials of construction, including any salvaged materials. 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 constructed on site and retained thereafter unless otherwise approved in writing by the Local Planning Authority.

 

18. Details of the new TPT bridge (13c) required under condition 16 above shall include the specification to conform with British Horse Society guidelines.

 

19. No development shall take place on any particular phase or area of the site until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period on any particular phase or area of the site. The Statement shall provide for:

 

a.      the parking of vehicles of site operatives and visitors;

 

b.      transportation of materials to the site;

 

c.      loading and unloading of plant and materials;

 

d.      storage of plant and materials used in constructing the development;

 

e.      the erection and maintenance of security fencing including and decorative displays and facilities for public viewing, where appropriate;

 

f.       any wheel washing facilities required;

 

g.      measures to control the emission of dust and dirt during construction and

 

h.      a scheme for recycling/disposing of any waste resulting from demolition and construction works.

CHE/21/00079/OUT - PROPOSAL: ERECTION OF A SINGLE DWELLING WITH ACCESS OFF ERRINGTON ROAD ON LAND TO THE REAR OF 92 FOLJAMBE AVENUE, WALTON, CHESTERFIELD

 

That the officer recommendation be upheld and the application be refused for the following reasons:-

 

In accordance with Minute No. 299 (2001/2002) Thomas Redfern (objector) addressed the meeting.

 

1.  Insufficient information has been provided to properly assess any potential risk posed by unrecorded coal mining legacy at the development site and therefore the proposed development does not accord with the requirements of the paragraph 178 of the National Planning Policy Framework and the provisions of policy CLP14 of the Chesterfield Borough Local Plan 2018-2035.

 

2.  The erection of a two storey dwelling on the application site would significantly erode this established pattern of development in the area on Foljambe Avenue.  The limited size and shape of the application site, in combination with half of the site frontage overlapping the front boundary of no. 29 Errington Road, would render the proposal a cramped and incongruous form of development to the detriment of the character and appearance of the area.  Accordingly, this application is considered to conflict with the design objectives of Policy CLP20 of the Chesterfield Borough Local Plan and the advice contained within the Council’s SPD ‘Successful Places’ (2013) and the NPPF, in particular Chapter 12. 

 

3.  The siting of a proposed dwelling close to the eastern boundary with Errington Road would lead to an unacceptable impact on the residential amenity of no. 29 Errington Road through loss of sunlight and a massing effect. In addition, a two storey dwelling on the narrow site would result in a significant massing and overshadowing effect on the rear garden of no. 90 Foljambe Avenue and a loss of privacy to adjoining properties no’s 90, 92 and 94 Foljambe Avenue through the first floor window arrangement.  Accordingly, the proposal is contrary to the requirements of Policies CLP14 and CLP20 of the Core Strategy (2013) and the advice contained within the Council’s ‘Successful Places’ SPD (2013) and the National Planning Policy Framework (2019). 

 

4.  The approach to the site from Errington Road would be at an unconventional angle across the footpath that surrounds the cul-de-sac and close to the end of a footpath that links Errington Road with Foljambe Avenue. The Local Planning Authority considers that this results in unacceptable risks to pedestrian safety which is exacerbated as the site is too constrained to provide space within the site to exit in a forward gear.  As there is no turning facility provided at the end of Errington Road a vehicle leaving the property will have to complete an excessively long reversing manoeuvre into either Gilbert Avenue or the site. This is considered inappropriate bearing in mind the relatively high level of pedestrian activity in the vicinity owing to the location of a public footpath between nos. 92 and 94 Foljambe Avenue.  Accordingly, the proposal is considered contrary to the requirements of Policy CLP20 of the Chesterfield Borough Local Plan to the detriment of pedestrian and highway safety. 

 

CHE/20/00658/OUT - PROPOSAL: OUTLINE APPLICATION FOR A SINGLE STOREY BUNGALOW TO INCLUDE RESERVED MATTERS FOR ACCESS. (DESCRIPTION AND DRAWINGS AMENDED 03/03/21) ON LAND AT 3 AND 5 CORDWELL AVENUE, NEWBOLD, CHESTERFIELD

 

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 working/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.

 

Land contamination

 

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 Cordwell Avenue provided with 2.4m x 47m 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 provide a drawing which demonstrates an access driveway to Cordwell Avenue that shall be no steeper than 1:20 for the first 5m from the nearside highway boundary and 1:12 thereafter. This drawing shall show the levels in comparison to the surrounding gardens and what materials are proposed. The proposed works for the light column to the front of the access shall also be included in these drawings.

 

Highways – parking provision provided prior to occupation

 

14. The reserved matters submission shall include parking provision for the existing dwelling (2 spaces). The premises, the subject of the application shall not be taken into use until space has been provided, laid out and constructed in accordance with the application drawings for the parking (and turning) of residents and visitors vehicles and thereafter maintained throughout the life of the development free from any impediment to its designated use

 

Electric charging provision

 

15. A residential charging point shall be provided for the proposed 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.

 

Biodiversity enhancement

 

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 a detailed biodiversity net gain plan for the development (or any phase of that development) and 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 a comparison to the existing baseline situation on site and potential removal of mature hedgerows and trees.

 

(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).

 

Drainage

 

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

 

Drainage

 

18. 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 that other means of surface water drainage have been properly considered and why they have been discounted; and

 

ii)      the means of discharging to the public sewer network at a maximum rate of 3.5 litres per second.

 

Drainage

 

19. The reserved matters submission shall provide a drawing should show the 'site surveyed position' of the public surface water sewer. The drawing should show the required stand-off distance of 3.5 (three point five) metres is required at each side of the sewer centre-lines - or agreed diversion route. A developer may, where it is reasonable to do so, require a sewerage undertaker to alter or remove a pipe where it is necessary to enable that person to carry out a proposed improvement of land. This provision is contained in section 185 of the Water Industry Act 1991 that also requires the developer to pay the full cost of carrying out the necessary works.

 

Drainage

 

20. No individual dwelling approved as part of the reserved matters of the development shall be occupied until the 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.

 

Lighting

 

21. All lighting used on site shall be designed so as to control glare and overspill onto nearby residential properties.

 

CHE/21/00114/COU - PROPOSAL: CHANGE OF USE FROM PUBLIC HOUSE (SUI GENERIS USE) TO RETAIL SHOP/SUPERMARKET NOW (USE CLASS EA) AT DEVONSHIRE HOTEL, 17 OCCUPATION ROAD, NEWBOLD, CHESTERFIELD

 

Councillors Caulfield, Marriott and Simmons had declared interests in the following item and left the meeting at this point.

 

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.  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.

      Location Plan

      Existing and Proposed Plans

 

3.  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. Once implemented the facilities shall be retained free from any impediment to their designated use throughout the construction period.

 

4.  The permission hereby granted does not extend to the use of the courtyard area to the rear of the premises for customer parking provision or for delivery vehicles attending the property. Details of a signage scheme referring to the lack of on site parking facilities for customers and delivery vehicles shall be submitted to the local planning authority for consideration. The signage scheme shall also refer to parking restrictions on the side access track. The scheme agreed in writing shall be implemented on site in advance of the first opening of the retail outlet and which shall be retained and maintained as such thereafter.

 

5.  Details of parking for 3 bicycles on site shall be submitted to the local planning authority for consideration. The details agreed in writing shall be implemented on site prior to the opening of the business and shall thereafter be maintained throughout the life of the development free from any impediment to their designated use.

 

6.  Construction 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.

 

7.  Within 2 months of the completion of the development hereby approved, the proposed biodiversity measures (2 bird boxes) shall be implemented on site. These measures shall be retained and maintained thereafter in accordance with the scheme so approved.

 

8.  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 convenience store only and for no other purpose, including any other activity within the same class of the schedule to that Order.

 

B.  That a CIL Liability notice be served for £12,395 as detailed in section 5.10 of the officer’s report.

 

Councillors Caulfield, Marriott and Simmons returned to the meeting.

 

CHE/20/00356/FUL - RESIDENTIAL DEVELOPMENT OF 2 THREE BEDROOM DORMER BUNGALOWS. REVISED DRAWINGS RECEIVED 21.09.2020. REVISED DRAWINGS RECEIVED 22.01.2021 AT 62 BELLHOUSE LANE, STAVELEY S43 3UA FOR M D STAPLETON (DEVELOPMENTS) LTD

 

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

 

Standard time frame

 

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

 

Approved plans and documents

 

2.  The development hereby approved shall only be carried out in full accordance with the approved plans and documents (listed below) with the exception of any approved no- material amendment. All external dimensions and elevational treatments shall be as shown on the approved plan/s (listed below).

 

•        Site Location Plan, drawing number 19-20 1 (dated 01.06.2020)

 

•        Site Plan as Proposed, drawing number 19-20 3 Revision B (dated 22.01.2021)

 

•        Dwelling One Plans, Elevation & Section as Proposed, drawing number 19-20 4 Revision A (dated 22.01.2021)

 

•        Dwelling Two Plans, Elevation & Section as Proposed, drawing number 19-20 5 Revision A (dated 22.01.2021)

 

•        Design and Access Statement produced by A&D Architecture, dated 02.06.2020, reference 19-20

 

•        Heritage Statement produced by Simon Johnson, dated March 2021, reference MCA 12-11-01/04

 

•        Coal Mining Risk Assessment produced by Terry Lee Associates Structure Engineering Consultants, dated 15th August 2020, reference TLA/2815

 

•        Preliminary Ecological Appraisal, produced by JJH Consulting, dated October 2020

 

Pre-commencement - intrusive site investigations

 

3.  Development shall not commence until a scheme of intrusive site investigations which is adequate to properly assess the ground conditions and the potential risks posed to the development by past shallow coal mining activity has been submitted to the Local Planning Authority for written approval. The submission shall include a report of findings arising from the intrusive site investigations and a scheme of proposed remedial works/mitigation measures required to ensure the stability of the site. Only those remedial works/mitigation measures which receive the written approval of the Local Planning Authority shall be implemented on site

 

Pre-commencement - remediation

 

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.

 

Pre-commencement – archaeology

 

5.  a)  No development shall take place until a Written Scheme of Investigation for archaeological work has been submitted to and approved by the local planning authority in writing, and until any pre-start element of the approved scheme has been completed to the written satisfaction of the local planning authority. The scheme shall include an assessment of significance and research questions; and

 

a.      The programme and methodology of site investigation and recording

 

b.      The programme for post investigation assessment

 

c.      Provision to be made for analysis of the site investigation and recording

 

d.      Provision to be made for publication and dissemination of the analysis and records of the site investigation

 

e.      Provision to be made for archive deposition of the analysis and records of the site investigation

 

f.       Nomination of a competent person or persons/organization to undertake the works set out within the Written Scheme of Investigation

 

b)  No development shall take place other than in accordance with the archaeological Written Scheme of Investigation approved under condition (a).

 

c)  The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the archaeological Written Scheme of Investigation approved under condition (a) and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured.

 

Pre-commencement – Land contamination

 

6.  a)  Prior to work commencing on site, the application site shall be subjected to a detailed scheme for the investigation and recording of contamination and a report has been submitted to and approved in writing by the Local Planning Authority;

 

b)  Prior to works commencing on site, detailed proposals in line with current best practice for the removal, containment or otherwise rendering harmless such contamination (the 'Contamination Proposals') shall be submitted to and approved in writing by the Local Planning Authority;

 

c)  For each part of the development, 'Contamination Proposals' relevant to that part shall be carried out either before or during such development as appropriate;

 

d)  If during development works any contamination should be encountered which was not previously identified and is derived from a different source and/or of a different type to those included in the 'Contamination Proposals' then the revised 'Contamination Proposals' shall be submitted to and approved in writing by the Local Planning Authority;

 

e)  If during development work site contaminants are found in areas previously expected to be clean then their remediation shall be carried out in line with the agreed 'Contamination Proposals';

 

f)  Prior to the commencement of any construction works in any area that has been subject to remediation, a verification report shall be submitted to and approved in writing by the Local Planning Authority.

 

Highways – Site Storage/Compound

 

7.  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.

 

Hours of construction

 

8.  No construction or demolition works, movement of construction traffic, or deliveries to and from the premises, shall occur other than between 0800 and 1800 hours weekdays, and 0800 and 1300 hours on Saturdays, and at no time 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.

 

Drainage - surface water

 

9.  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 that other means of surface water drainage have been properly considered and why they have been discounted; and

 

ii)  the means of discharging to the public sewer network at a rate to be agreed by the Local Planning Authority in consultation with the statutory sewerage undertaker.

 

Drainage – separate foul and surface

 

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

 

Approval of Materials

 

11. Precise specifications or samples of all materials to be used in the construction of the external surfaces of the proposed development shall be submitted to and approved in writing by the Local Planning Authority before any work to any external surface is carried out. The development shall thereafter be constructed in accordance with the approved details.

 

Biodiversity

 

12. A scheme (including a programme of implementation and maintenance) to demonstrate a net measurable gain in biodiversity through the development, shall have been submitted to and approved in writing by the Local Planning Authority. The measures shall include the retention of existing boundary hedgerows and trees to the eastern boundary and for the retention where possible of existing shrubs/plants to the northern boundary and for the re-location of existing ornamental trees where possible.

 

The net measurable gain shall be implemented, retained and maintained thereafter in accordance with the scheme and programme so approved.

 

Landscaping

 

13. 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. 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 including species and planting density. The plan shall include indications of all existing trees, hedgerows and other vegetation on the land to be retained and detail measures for the protection of retained vegetation during the course of development;

 

b)      proposed hardstanding surfacing materials and boundary treatments

 

c)      a schedule detailing sizes and numbers of all proposed trees/plants

 

d)      sufficient specification to ensure successful establishment and survival of new planting.

 

Retention of soft landscaping

 

14. All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

Water efficiency

 

15. 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.

 

Parking provision

 

16. The premises, the subject of the application, shall not be occupied until space has been provided within the application site in accordance with the approved 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.

 

Electric charging

 

17. A residential charging point shall be provided for each new 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.

 

Pd rights removal for walls, gates and enclosures

 

18. 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) no fences, gates, walls or other means of enclosure shall be erected within the curtilage of any dwelling without the prior written approval of the Local Planning Authority upon an application submitted to it.

 

Obscure glazing

 

19.  a)  Prior to the development hereby permitted being occupied/ brought into use the windows listed below shall be installed with obscure glazing and with no opening part being less than 1.7 metres above the floor level immediately below the centre of the opening part. The obscure glazing shall be obscured to a minimum of Pilkington - Privacy Level 3 or an equivalent product.

 

•        Dwelling One first floor en-suite bathroom in the south elevation

 

•        Dwelling Two first floor en-suite bathroom in the south elevation

 

•        Dwelling Two first floor bedroom windows and landing window in the north elevation

b)  Once installed the glazing shall be retained as such thereafter.

Reason - To safeguard the privacy and amenities of the occupiers of adjoining properties in accordance with CLP14 and CLP20 of the of the adopted Chesterfield Borough Local Plan