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/21/00160/FUL - PROPOSAL:  CHANGE OF USE OF SERVICE YARD AREA LOCATED TO THE REAR OF 5 BRECKLAND ROAD, TO A FENCED OUTDOOR SEATING AREA WITH COVERED PERGOLA – REVISED DESCRIPTION AGREED ON 24/05/2021 TO COVER CHANGE OF USE OF SERVICE AREA

 

LOCATION:  THE WALTON DAM NATION, 5 BRECKLAND ROAD, WALTON, CHESTERFIELD, S40 3LJ

 

In accordance with Minute No. 299 (2001/2002) Mr Andrew Vaughan (applicant) addressed the committee.

 

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).

 

-        Existing and proposed plans and elevations - Drawing no. PL_01 Rev A - Proposed ground floor plan - 1:50 @ A1

 

-        Existing and proposed plans and elevations - Drawing no. PL_01 Rev A -  Proposed sectional elevation A - 1:100 @ A1

 

-        Existing and proposed plans and elevations - Drawing no. PL_01 Rev A  Proposed sectional elevation B - 1:100 @ A1

 

3.  Within 2 months of the commencement of the development hereby approved, a scheme for biodiversity and ecological enhancement measures shall be installed/integrated into the development/planted on site. The ecological enhancement measures shall thereafter be retained and maintained throughout the life of the development.

 

4.  The outdoor seating area located to the north of the premises shall not be used after the hours of 21:00 Monday to Saturday and 19:00 on Sunday. These time restrictions shall also apply to the special dates in which the business is allowed extended hours.

 

CHE/20/00808/FUL - ERECTION OF AN APARTMENT BLOCK WITH ASSOCIATED PARKING, AMENITY AREAS AND LANDSCAPING (REVISED PLANS RECEIVED 11.06.2021) AT LAND TO NORTH OF DUNSTON ROAD, CHESTERFIELD, DERBYSHIRE FOR G H PRESTON

 

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

 

In accordance with Minute No. 299 (2001/2002) Miss C Stainton (applicant’s agent) addressed the committee.

 

That the officer recommendation (subject to amendments made during the meeting) 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 non material amendment. All external dimensions and elevational treatments shall be as shown on the approved plan/s (listed below):

 

•        Site Location Plan, drawing number 20-028-LP01 (dated 18.09.2020)

•        Existing Site Plan, drawing number 20-028-P01 Revision A (dated 10.11.2020)

•        Proposed Site Plan, drawing number 20-028-P02 Revision F (Dated 11.06.2021)

•        Proposed Ground Floor Plan, drawing number 20-028-P03 Revision F (Dated 11.06.2021)

•        Proposed First Floor Plan, drawing number 20-028-P04 Revision F (Dated 11.06.2021)

•        Proposed Second Floor Plan, drawing number 20-028-P05 Revision D (dated 11.06.2021)

•        Proposed Elevations Sheet 1, drawing number 20-028-P06 Revision E (dated 11.06.2021)

•        Proposed Elevations Sheet 2, drawing number 20-028-P07 Revision E (dated 11.06.2021)

•        Proposed Site Levels Plan, drawing number 20-028-P08 Revision D (dated 24.05.2021)

•        Proposed Landscaping & Site Boundary Treatment Plan, drawing number 20-028-P09 Revision D (dated 24.05.2021)

•        Proposed Site Access Visibility Splays, drawing number 20-028-P10 Revision A (dated 24.05.2021)

 

Supporting documents

 

•        Design and Access Statement Revision A, produced by Brightman Clarke Architects (dated November 2020)

•        Supporting Planning Statement produced by Stainton Planning Urban & Rural Consultancy (dated November 2020)

•        Ecological Appraisal, produced by Armstrong Ecology Ltd (dated July 2020)

•        LCRM (Land Contamination Risk Management): Stage 1 Risk Assessment & CMRA, Project reference GUK-0221-03, Dunston Road, Chesterfield produced by GroundSmiths Geotechnical Engineers (report dated 09.02.2021)

 

Pre-commencement - intrusive site investigations

 

3. No development shall commence until:

 

a)  a scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past shallow 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.

 

Pre-commencement - remediation

 

4.  Prior to the occupation of the development, or it being taken into beneficial use, 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.

 

Pre-commencement - Land contamination

 

5.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 first occupation of any apartment on site, a verification report shall be submitted to and approved in writing by the Local Planning Authority.

 

Highways - Site Storage/Compound

 

6.  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

 

7.  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 1700 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.

 

Noise mitigation

 

8.  a)  No development above floor-slab/D.P.C level shall take place until a noise impact assessment including any noise mitigation measures shall be submitted to and approved by the Local Planning Authority. The noise assessment should demonstrate that the design of the glazing, ventilation, wall and roof structures ensure sufficient sound insulation for the occupants of the building. The agreed details shall be implemented as part of the development.

 

b)  Prior to the first occupation of the hereby permitted development, compliance testing shall be undertaken and results shall be submitted to the Local Planning Authority for written approval. The approved noise mitigation measures shall be retained in perpetuity for the life of the development.

 

Drainage - surface water

 

9.  Prior to the commencement of development full details of the soil drainage design, including infiltration testing and sizing calculations in accordance with BRE Digest 365, shall be submitted to and agreed in writing by the Local Planning Authority. Any drainage design should ensure no flooding occurs to properties or leaves site during a 1 in 100 year rainfall event including a 40% increase for climate change. Any discharge to a sewer connection should show a significant reduction upon existing surface water discharge rates. Works shall be completed in accordance with the agreed details.

 

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

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

 

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

 

c) the means of restricting the discharge to public sewer to the existing rate less a minimum 30% reduction, based on the existing peak discharge rate during a 1 in 1 year storm event, to allow for climate change.

 

Drainage - separate foul and surface

 

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

 

Approval of Materials

 

12. 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

 

13. No development above floor-slab/D.P.C level shall take place until A landscape and biodiversity enhancement and management plan (LBEMP) shall be submitted to and approved in writing by the Local Planning Authority. The LBEMP should combine both the ecology and landscape disciplines and include the following:-

 

a)  Description and location of features to be created, planted, enhanced and managed.

 

b)  Aims and objectives of management.

 

c)   Appropriate management methods and practices to achieve aims and objectives.

 

d) Prescriptions for management actions.

 

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

 

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

 

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

 

h)  Details of bird boxes, (include specifications/installation guidance/numbers)

 

The approved plan will be implemented in accordance with the approved details and maintained thereafter.

 

Landscaping

 

14. 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.

 

Protection of hedgerows

 

15. The existing hedgerow to be retained identified on drawing ‘Proposed Landscaping & Site Boundary Treatment plan drawing number 20-028-P09 Revision D’ should be protected (in accordance with BS5837:2012 as appropriate) from damage during construction by the erection of adequate temporary fencing prior to the commencement of groundworks which should remain in place for the duration of construction.

 

Retention of soft landscaping

 

16. 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

 

17. 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

 

18. The development, 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.

 

Access/visibility splays

 

19. The proposed means of vehicular access hereby approved shall be laid out, hard surfaced and drained prior to occupation of the first dwelling. Visibility splays shall be provided in accordance with drawing ‘Proposed Site Access Visibility Splays, drawing number 20-028-P10 Revision A’ with a minimum visibility splay of 2.4m x 47m in each direction. The approved visibility splays shall be kept clear of any obstruction above a height of 1m and retained thereafter.

 

Electric charging

 

20. Two residential electrical charging points shall be provided for on site 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.

 

Lighting

 

21. All external lighting used on site shall be designed so as to control glare and overspill onto nearby residential properties. The applicant shall submit details of all the lights they intend to use as part of this development and shall seek written approval from the local planning authority prior to the installation of lighting on site.

 

Councillor Simmons returned to the meeting.

 

 

CHE/21/00286/OUT - RESIDENTIAL DEVELOPMENT (1 DWELLING) - OUTLINE WITH SOME MATTERS RESERVED AT LAND BETWEEN 16-18 EYRE STREET EAST, HASLAND S41 0PQ FOR MR P RHODES

 

1.  Application for approval of all reserved matters must be made not later than the expiration of three years from the date of this permission.  The development hereby permitted must be begun not later than the expiration of two years from the final approval of the reserved matters, or in the case of approval of such matters on different dates, the date of the final approval of the last such matter to be approved.

 

2.  An application for details of the following matters (hereafter referred to as the “reserved matters”) shall be submitted to and approved in writing by the Local Planning Authority before the commencement of any works:-

 

a)      the external appearance of the development;

 

b)      details of access arrangements; (noting the conditions relating to this permission)

 

c)      the landscaping of the site.

 

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

 

3.  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).

 

Amended plan no. 03 received 12.05.2021

 

 

4.  Prior to the development hereby permitted commencing above slab level, 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 net measurable gain shall be implemented, retained and maintained thereafter in accordance with the scheme and programme so approved.

 

5.   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 past 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.

 

6.  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.

 

7.  The site shall be developed with separate systems of drainage for foul and surface water on and off site. The separate systems should extend to the points of discharge to be agreed.

 

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

 

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

 

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

 

c)  the means of restricting the discharge to public sewer to the existing rate less a minimum 30 % reduction, based on the existing peak discharge rate during a 1 in 1 year storm event, to allow for climate change.

 

9.  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.

 

10. A residential charging point shall be provided for the dwelling hereby approved 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 point shall be provided in accordance with the stated criteria prior to occupation and shall be maintained for the life of the approved development.

 

11. 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 buildings, structures or extensions shall be erected within the rear garden curtilage of the dwelling hereby approved without the prior written approval of the Local Planning Authority upon an application submitted to it.

 

12. In line with approved plan no. 03 the dwelling hereby approved shall contain no windows to the upper floor rear (east facing) elevation.

 

13. a)  Prior to works on the hereby approved building being commenced a scheme detailing the existing and proposed land levels of the site including site sections and the finished floor levels with reference to on and off site datum point and their relationship to existing neighbouring buildings and land shall be submitted to and approved by the Local Planning Authority, and the development shall be constructed in accordance with the agreed levels.

 

b)  In line with the levels information above the dwelling hereby approved shall be no more than one and a half storey in height as shown on approved plan no. 03 and no more than 6m in height from ground level to ridge.

 

14. 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.

 

15. Before any other operations are commenced, space shall be provided within the site (not on the public highway) for storage of plant and materials, site accommodation, loading, unloading and manoeuvring of goods vehicles, parking and manoeuvring of employees and visitors vehicles.  Once implemented the facilities shall be retained free from any impediment to their designated use throughout the construction period.

 

16. Before any other operations are commenced (excluding condition 14 above), the existing access to Eyre Street East shall be modified in accordance with the approved application drawings, laid out, constructed and provided with 2.4m x maximum visibility splays in both directions, all as agreed in writing with the Local Planning Authority. 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.

 

17. Prior to the occupation of the dwelling, any length of the existing vehicular access to Eyre Street East made redundant by the development proposals shall be permanently closed with a physical barrier and the existing vehicle crossover reinstated as footway in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority.

 

18. The premises, the subject of the application, shall not be occupied until space has been provided within the site curtilage for the parking and manoeuvring of residents vehicles, located, designed, laid out and constructed all as agreed in writing with the Local Planning Authority and maintained throughout the life of the development free from any impediment to its designated use.

 

19. 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 within 5m of the nearside highway boundary and any gates shall open inwards only.

 

20. The modified access/driveway to Eyre Street East shall be no steeper than 1 in 12 over its entire length.