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/21/00246/FUL - CHANGE OF USE TO CARAVAN AND MOTORHOME SALES CENTRE WITH ANCILLARY OFFICES, WORKSHOP, DISPLAY AND PARKING AREA (SUI GENERIS USE) AT MULTIPLEX ENGINEERING, HOLBECK CLOSE, CHESTERFIELD FOR FUTURE PROPERTIES LTD / KIMBERLEY CARAVAN CENTRE LTD.

 

In accordance with Minute No. 299 (2001/2002) Mr Peter Swallow (objector) addressed the meeting.

 

In accordance with Minute No. 299 (2001/2002) Mr Jim Lomas (applicant’s agent) addressed the meeting.

 

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

 

1. This permission is valid for a limited period only, expiring on the 5th October 2024. On or before that date the use hereby approved shall cease and the site be reinstated to its existing use unless a further planning application has been submitted to and approved by the Local Planning Authority.

 

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

 

3. The premises, the subject of the application, shall not be taken into use until space has been laid out within the site for vehicles to be parked and for vehicles to turn so that they may enter and leave the site in a forward gear. Once provided, such spaces shall be

maintained free from any impediment to their designated use for the life of the development.

 

4. The development shall be carried out in accordance with the submitted flood risk assessment (ref March 2021 / 21-0085.01 / Delta Simons) and the following mitigation measures it details:

o Finished floor levels shall be set no lower than existing

o There shall be no new raised development

These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme's timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

 

5. Within the time limit of this permission no tree within the site or overhanging the site shall be cut down, uprooted or destroyed, topped or lopped without the prior written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work). If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species and shall be planted at such time, as may be specified in writing by the Local Planning Authority.

 

6. Within 28 days of the first occupation of the premises, measures to minimise the risk of crime to meet the specific security needs of the development shall be implemented in accordance with a scheme to be submitted to and approved in writing by the Local

Planning Authority.

 

7. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained.

 

8. There shall be no discharge of foul or contaminated drainage from the site into either ground water or any surface water, whether direct or via soakaways.

 

CHE/21/00430/FUL - CHANGE OF USE OF DUNSTON HALL FROM C3 TO SUI GENERIS USE PERMITTING THE BUILDING TO BE OPERATED AS A HOLIDAY LET AND WEDDING VENUE, INCLUDING CONVERSION OF THE EXISTING GARAGE BUILDING TO CREATE AN INTERNAL SPACE SUITABLE FOR CONDUCTING WEDDING CEREMONIES, AND THE CREATION OF A CAR PARKING AREA AT DUNSTON HALL, DUNSTON ROAD, CHESTERFIELD FOR MR DAVID HARRISON

 

In accordance with Minute No. 299 (2001/2002) Mr William Lander (objector) addressed the meeting.

 

In accordance with Minute No. 299 (2001/2002) Mr David Harrison (applicant) addressed the meeting.

 

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 specified conditions below, pending listed building consent and approved non-material amendment. All external

dimensions and elevational treatments shall be as shown on the approved plan/s (listed below).

- Location plan P300

- Proposed floor plan P200 (not including any works subject to separate LBC)

- Wedding ceremony room plans and elevations P500

- Amended Car Park plan P800 1

- Speed survey information received 31.08.2021

- Technical note including visibility splay plan 300400-001

- Email 24.06.2021 confirming the removal of the function room from the application.

- Additional information email from agent 12.08.2021

Reason - In order to clarify the extent of the planning permission in the light of guidance set out in "Greater Flexibility for planning permissions" by CLG November 2009.

 

3. Within 2 months of the date of this decision a scheme for additional landscaping of the car park area along with a scheme of biodiversity and ecological enhancement measures for this area and the wider site where necessary, including a scheme for implementation and maintenance shall be submitted to the local planning authority for consideration to demonstrate a net gain in biodiversity. Only the ecological enhancement measures

agreed in writing shall be implemented on site in accordance with the submitted programme of implementation. The ecological enhancement measures shall thereafter be implemented, retained and maintained in perpetuity.

 

4. The number of guests attending any event shall be limited to no more than 120 at any one time.

 

5. There shall be no firework displays associated with wedding events held at the Hall.

 

6. The Ceremony Room hereby approved shall only be used for ceremonies and only between the hours of 10am to 7pm.

 

7. In accordance with the agents email of the 12th August 2021 the number of wedding or similar events taking place at the premises shall be limited to no more than 2 per week taking place on a single day.

 

8. To the exterior of the premises and within the grounds there shall be no amplified sound.

 

9. In accordance with the agents email of the 12th August 2021 all commercial waste shall be collected via the Garden Centre access only.

 

10. Prior to the use commencing details of the proposed barrier to the car park as shown on plan P800 1 shall be submitted to and agreed in writing by the Local Planning Authority.

The barrier shall be installed on site in accordance with the agreed details before any authorised events take place and shall remain in place throughout the event.

 

11. Prior to the use commencing details of the final surface to the car park shall be submitted to and agreed in writing by the Local Planning Authority. The agreed surface shall be installed on site in accordance with the agreed details before any authorised events take place. Thereafter the car park shall be retained throughout the life of the development free from any impediment to its designated use.

 

12. The proposed vehicular access on Dunston Road shall be provided with visibility splays in accordance with the plan 300400-001, provided with visibility sightlines extending from a point 2.4 metres from the carriageway edge, measured along the centreline of the accesses, for a distance of 35m at the east and 61.3m at the west. The land in advance of the visibility sightlines shall be retained throughout the life of the development free of any object greater than 1m in height (0.6m in the case of vegetation) relative to adjoining nearside carriageway channel level.

 

13. The site shall not be taken to use until details for the widening of the access track and the provision of one passing place have been submitted to and agreed in writing by the Local Planning Authority. Once agreed the works shall be constructed on site in accordance with the agreed details prior to the use taking place. The detail shall increase the width of the track to be at least 5.5m from the point behind the automatic gate for at least the first

10m and for a minimum of 5.5m for a minimum length of 15m for the passing bay.

 

14. The use of the premises shall not commence until a car parking management (CPM) and access management plan is submitted to and agreed with the Local Planning Authority.

The CPM plan should provide information about car parking management during any events at the site, management of car parking for a holiday let and events, and information about overspill parking area at the time of events to avoid indiscriminate

parking issues on the surrounding highways. The access management plan should provide information about strategies to control the arrival of guests from entering or leaving via the western access. The agreed details of the management plan shall be in operation during any events held at the site.

 

15. Throughout the period of construction, wheel washing facilities shall be provided within site and used to prevent the deposition of mud and other extraneous materials on the public highway.

 

16. Prior to any works, a construction management plan or construction method statement shall be submitted to and approved in writing by the Local Planning Authority. The approved plan/statement shall be adhered to throughout the construction period. The statement shall provide information about construction access, parking of vehicles during construction, method of prevention of debris being carried onto highway and hours of

operation.

17. The use of the premises shall not commence until an event management plan is submitted to and agreed with the Local Planning Authority. The event management plan should provide information about the management of noise, nuisance and behaviour during any events held at the site. The agreed details of the management plan shall be in operation during any events held at the site.

 

Councillor Borrell left the meeting at this point

 

CHE/21/00303/FUL - DEMOLITION OF EXISTING RESIDENTIAL ANNEX AND CONSTRUCTION OF NEW 4-BEDROOM HOUSE. ON LAND AT THE OAKS, 534 CHATSWORTH ROAD, CHESTERFIELD FOR MR C HEPWORTH

 

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: Site Location Plan

and Revised Site Layout (revised drawing no.P-01 provided

21/09/21), Proposed Elevations, Proposed Floor plans,

Driveway Details, Tree Report (as amended 06/08/21): with

the exception of any approved non-material amendment.

 

3. No development shall commence (excluding the demolition of

existing structures) 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.

 

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.

 

5. 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.

 

6. 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 visitor’s

vehicles and maintained throughout the contract period in

accordance with the approved designs free from any

impediment to its designated use.

 

7. 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 new

gates or other barriers on the existing or new access.

 

8. The development shall not commence until details of the

proposed entrance and exit arrangements, as well as parking

layout, for the existing dwelling have been submitted to the

Local Planning Authority for consideration and have been

approved in writing. The dwelling shall not be occupied until

the new parking layout and exit/entrance onto/off site have

been constructed in accordance with the approved details

unless otherwise agreed in writing by the Local Planning

Authority. A proposed exit onto Rye Flatt Lane shall also

require the submission of suitable visibility splays to ensure

existing visibility is possible. The arrangements agreed shall

be retained available for use thereafter.

 

9. A residential charging point shall be provided for the additional

dwelling with an IP65 rated domestic 13amp socket, directly

wired to the consumer unit with 32 amp cable to an

appropriate RCD. The socket shall be located where it can

later be changed to a 32amp EVCP. Alternative provision to

this specification must be approved in writing, by the local

planning authority. The electric vehicle charging point shall be

provided in accordance with the stated criteria prior to

occupation and shall be maintained for the life of the approved

development.

 

10. Concurrent with the submission of soft landscaping details and

prior to commencement of the development hereby permitted,

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. This shall include any

removal of trees on site, the planting of new trees and shrubs

on site, as well as the details of any other biodiversity

measures such bird/bat boxes, hedgehog holes, log piles and

any other biodiversity measures on site.

 

11. The site shall be developed with separate systems of drainage

for foul and surface water on and off site.

 

12. 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.

 

13. Development shall not commence until details of a sustainable

drainage scheme 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 the written approval of the Local Planning Authority.

 

14. No dwelling approved as part 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.

 

15. All lighting used on site shall be designed so as to control

glare and overspill onto nearby residential properties.

 

16. T3 Sycamore of TPO 73 shall be retained and protected with

suitable fencing and other tree protection measures

throughout any demolition and construction works. Prior to the

commencement of the development hereby approved

(including demolition and all preparatory work), a scheme for

the protection of T3 Sycamore of TPO 73, in accordance with

BS 5837:2012, including a tree protection plan(s) (TPP) and

an arboricultural method statement (AMS) shall be submitted

to and approved in writing by the Local Planning Authority.

Specific issues to be dealt with in the TPP and AMS:

a) Location and installation of services/ utilities/ drainage.

b) Methods of demolition within the root protection area (RPA

as defined in BS 5837: 2012) of the retained trees.

c) Details of construction within the RPA or that may impact on

the retained trees.

d) a full specification for the installation of boundary treatment

works.

e) A specification for protective fencing to safeguard trees

during both demolition and construction phases and a plan

indicating the alignment of the protective fencing.

f) Tree protection during construction indicated on a TPP and

construction and construction activities clearly identified as

prohibited in this area.

g) details of site access, temporary parking, on site welfare

facilities, loading, unloading and storage of equipment,

materials, fuels and waste as well concrete mixing and use of

fires

 

17. Any new or re-laid driveways which encroach into the retained

TPO trees reference T1 Oak, T2 & T3 Sycamore and G1

Pines should be constructed using an approved cellular

confinement system as shown on drawing P-04 Rev B

‘Section details of new driveway’ and Arboricultural Method

Statement. The areas within the RPA’s should be ‘no dig’ and

any existing driveway or hardcore removed by hand. Once the

cellular confinement system has been installed a site

inspection by the LPA to approve the works to discharge the

condition shall take place before the final surface is laid. Once

approved in writing the final surface can be laid. Any new

areas of hard landscaping within the retained trees RPA shall

be constructed:

• using a ‘no dig’ method

• by hand (no heavy machinery)

• Retention of the existing sub-base (unless approved in

writing by the LPA)

• A porous surface

The development thereafter shall be implemented in strict

accordance with the approved details.

 

18. Prior to completion or first occupation of the development

hereby approved, whichever is the sooner; details of treatment

of all parts on the site not covered by buildings or

hardstanding 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 vegetation to be retained and trees

and plants to be planted

b) a schedule detailing sizes and numbers of all proposed

trees/plants

c) Sufficient specification to ensure successful establishment

and survival of new planting.

 

19. 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. 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).

 

20. Obscure glazing to a Pilkington Scale level 4 shall be utilised

on the rear and side first floor windows of the proposed

dwelling, as shown on drawing P-03. These windows only,

shall be installed and retained obscurely glazed thereafter

unless otherwise agreed in writing by the Local Planning

Authority.

 

21. Notwithstanding the provisions of the Town and Country

Planning (General Permitted Development) Order 1995 (or

any Order revoking and/or re-enacting that Order) the car

parking spaces hereby permitted shall be retained as such

and shall not be used for any purpose other than the parking

or private motor vehicles associated with the residential

occupation of the properties without the grant of further

specific planning permission from the Local Planning

Authority.

 

22. Before construction works commence or ordering of external

materials takes place, precise specifications or samples of the

walling and roofing materials to be used shall be submitted to

the Local Planning Authority for consideration. Only those

materials approved in writing by the Local Planning Authority

shall be used as part of the development.

 

23. Notwithstanding the provision of the Town and Country

Planning (General Permitted) Development Order 1995 (as

amended) there shall be no extensions, outbuildings or

garages constructed, or additional windows erected or

installed at or in the dwellings hereby approved without the

prior written agreement of the Local Planning Authority.

 

CHE/21/00297/FUL - VEHICLE ACCESS AND DRIVEWAY AT 195 BROOMHILL ROAD, OLD WHITTINGTON, CHESTERFIELD FOR MR MARIUSZ KARPINSKI.

 

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 accompanying the application with the exception of any approved non material amendment.

 

3. The parking area shall hereafter be maintained clear of any obstruction to its designated use.

 

Councillor Bingham left the meeting at this point

 

CHE/21/00187/COU - CHANGE OF USE OF FORMER METHODIST CHAPEL (D1 USE) TO SINGLE DWELLING (C3A USE) WITH ANCILLARY WORKSHOP AND STORAGE (B2 USE) AT METHODIST CHAPEL, CAVENDISH PLACE, BARROW HILL, S43 2NS FOR MR P SIMPSON

 

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 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).

• Drawing 1, received 14.06.2021

• Drawing 3, received 14.06.2021

• Drawing 4, received 10.03.2021

• Statement of use, dated 10.06.2021, received 14.06.2021

 

3. 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.

 

4. The workshop and store hereby permitted shall only be occupied ancillary to the residential occupation of the dwelling hereby approved and shall not at any time be occupied as an independent dwelling and workshop/store or separated from the ownership or curtilage of the residential dwelling.

 

5. The workshop premises shall not be used for the purposes

authorised by this permission (including deliveries) other than

between the following hours: between 0800 and 1800 hours

weekdays, and 0800 and 1300 hours on Saturdays, and at no time

on Sundays or Public Holidays; unless otherwise agreed in writing

by the Local Planning Authority.

 

6. The 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.

 

7. 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.

 

8. prior to the commencement of works to the access to the western elevation of the building to the hereby approved workshop, full details of shall be submitted to the Local Planning Authority for written agreement including but not limited to

- drawing showing the proposed design of the structure including

brick and architectural detailing

- drawing of the external doors, including colour and detailing

 

9. Prior to works commencing on any existing or new windows full

details shall be submitted to the Local Planning Authority for written agreement showing including details of the proposed colour, profile and design.

 

10. Within 2 months of the commencement of the development a

scheme for biodiversity net gain shall be submitted to the Local

planning authority for written agreement.

 

11. Prior to the first use of the hereby approved raised deck a solid

privacy screen boundary treatment measuring a minimum of 1.8m

in height when measured from the height of the deck shall be

installed along the full west elevations of the raised external deck

and measuring 2.8m in length.

The screen shall be obscurely glazed to a minimum of Pilkington -

Privacy Level 3 or an equivalent product.

The privacy screen shall be installed prior to the first use of the

raised patio and retained as such in perpetuity for the lifetime of the development hereby approved.

 

Councillor Bingham returned to the meeting at this point.