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/21/00365/TEL - INSTALLATION OF 20M SLIM LINE STREET POLE, WRAP AROUND CABIN AND 3 CABINETS WITH ANCILLARY WORKS. REVISED DRAWINGS RECEIVED 13.09.21 AT LAND OPPOSITE 14B SPITAL LANE, SPITAL, CHESTERFIELD CK HUTCHISON NETWORKS (UK) LTD

 

In accordance with Minute No. 299 (2001/2002) Mrs Barbara Turner (objector) addressed the meeting.

 

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

 

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

 

The siting and appearance of the proposed installation would have a significant and adverse effect on visual amenity in the local area. The proposal is considered to be overly large and would present itself as an intrusive and incongruous feature in the open aspect at the end of Spital Lane and which would detract from the visual setting of the grade II listed Spital Barn and Coachhouse set on the pavement edge on approach. The proposal would affect in a negative way the appreciation of the heritage asset for those living in the vicinity and travelling along Spital Lane. Furthermore the proposal involves the removal of a number of trees which contribute to the appearance of the area to the detriment of biodiversity, ecology and climate change. The proposal is considered to be contrary to the national guidance in NPPF and Policies CLP16 and CLP21 of the Chesterfield Local Plan 2018-35.

 

Councillor Brady left the meeting at this point.

 

CHE/21/00382/REM1 - VARIATION OF CONDITIONS 2 AND 5 OF PLANNING APPLICATION CHE/19/00156/FUL FOR A REVISED SCHEME FOR THE ERECTION OF 9 DWELLINGS OF A DIFFERENT LAYOUT AND DESIGN ON LAND AT LAND AT WHITEBANK CLOSE, HASLAND, DERBYSHIRE S41 0TS FOR ARNCLIFFE HOMES 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 23rd July 2019.

 

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.

 

Drawing Number - ARN_SP_001 Rev G - Site Plan;

Drawing Number - ARN_SPOL_001 Rev A - Site Plan Overlay;

Bamburgh House Type Plans and Elevations 294/BM/PL Rev B;

Richmond House Type Type Plans and Elevations 294/RI/PL Rev A;

Sunningdale House Type Type Plans and Elevations 294/SU(G)/PL Rev B;

Sunningdale House Type Type Plans and Elevations 294/SU(H)/PL Rev B;

Berwick House Type Plans and Elevations 294/BW(G)/PL Rev A;

Berwick House Type Plans and Elevations 294/BW(H)/PL Rev A;

Drawing Number - 956/39/05 - Private Drainage Layout;

Drawing Number 292/SS Rev A - Site Section;

 

3.  The development hereby approved shall not be commenced until such time as the replacement car-parking facilities for the Bowling Club have been provided to the satisfaction of the Local Planning Authority - Complied - This condition has been satisfied with the separate planning approval and construction of the car park adjacent to the site.

 

4.  No development above floor-slab/D.P.C level shall be carried out until the precise specifications or samples of the walling and roofing materials to be used shall be submitted to and approved in writing by the Local Planning Authority. Only those materials approved in writing by the Local Planning Authority shall be used as part of the development.

 

5.  Demolition, remediation or construction work to implement the permission hereby granted shall only be carried out on site between 8:00am and 6:00pm in any one day on Monday to Friday, 8:00am to 4.00pm on a Saturday and at no time on a Sunday or Public Holiday. The term "work" will also apply to the operation of plant, machinery and equipment.

 

6.  Prior to the commencement of the development hereby approved (including demolition and all preparatory work), a scheme for the protection of the retained trees, 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)  A specification for scaffolding and ground protection within tree protection zones.

 

g)  Tree protection during construction indicated on a TPP and construction and construction activities clearly identified as prohibited in this area.

 

h)  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

 

i)  Boundary treatments within the RPA

 

j)  Methodology and detailed assessment of root pruning

 

k)  Methods to improve the rooting environment for retained and proposed trees and landscaping

 

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

 

7.  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;

 

b)  proposed hardstanding and boundary treatment;

 

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

 

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

 

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.

 

8.  No development shall occur above floor-slab/D.P.C level until details of the existing and proposed land levels and the proposed floor levels of the dwellings hereby approved have been submitted to and approved in writing by the Local Planning Authority. The details submitted shall include sufficient cross sections to fully assess the relationship between the proposed levels and immediately adjacent land/dwellings. The dwellings shall be constructed at the levels approved.

 

9.  A residential charging point shall be provided for each proposed dwelling with an IP65 rated domestic 13amp socket, directly wired to the consumer unit with 32 amp cable to an appropriate RCD. Each 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.

 

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

 

11. 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. If an existing connection for surface water drainage to public sewer cannot be evidentially proven, surface water discharge to public sewer shall be restricted to a maximum of 3.5 litres a second.

 

12. No development above floor-slab/D.P.C level shall take place until details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved in writing by the Local Planning Authority. These details shall conform to the Chesterfield Borough Council Minimum Development Control Standards for Flood Risk.

 

13. Prior to building works commencing above foundation level, a Biodiversity Mitigation and Enhancement Plan shall be submitted to and approved in writing by the Local Planning Authority to achieve a net gain in biodiversity in accordance with the NPPF 2019. Such approved measures shall be implemented in full prior to occupation of any dwelling, and maintained thereafter for the life of the development.

 

Measures shall include (but are not limited to):

 

·      three woodcrete (or similar) bird boxes shall be installed within the scheme, with positions/specification/numbers clearly shown on a plan

 

·      three integrated bat boxes shall be installed within the scheme, with positions/specification/numbers clearly shown on a plan

 

·      small fencing gaps (130 mm x 130 mm) in boundary treatments will be clearly shown on a plan to maintain hedgehog connectivity.

 

14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(England) Order 2015 (or any order revoking and/or re-enacting that Order with or without modification), no fences, gates or walls shall be erected within the curtilage of any dwelling-house.

 

15. No dwelling shall be occupied until such time as the turning head and works to Whitebank Close have been carried out as shown on the submitted plan No 201-P02 Rev C, and the access drive and the areas shown on the approved plans as reserved for parking, garaging, circulation and standing of vehicles have be provided in accordance with the approved details. Thereafter the area shall be used for those purposes only and maintained free from any impediment to its designated use.

 

16. There shall be no gates or other barriers within 5m of the nearside highway boundary at the vehicular access and all gates shall open inwards only. Prior to their installation, full details of the entrance gate feature shown on Plan No 210-P-02 Rev C shall be submitted to and approved in writing by the Local Planning Authority. The entrance gates shall be constructed in accordance with the approved scheme, and thereafter retained in the agreed form.

 

17. Notwithstanding the provision of the Town and Country Planning (General Permitted)(England) Development Order 2015 (as amended) there shall be no extensions outbuildings or garages constructed (other than those shown on the submitted plans) to the side or rear of the dwellings on plots 4 or 5, or to the rear of dwellings on plots 1-3, without the prior written agreement of the Local Planning Authority.

 

Councillor Brady returned to the meeting at this point.

 

CHE/21/00632/FUL - PROPOSED UPGRADE OF 12.5M HIGH  STREETPOLE TO 20M HIGH STREETPOLE AND RELATED INFRASTRUCTURE AT VODAFONE (63651) TELECOMMUNICATIONS MAST OPPOSITE CROMWELL ROAD, NEWBOLD ROAD, NEWBOLD, CHESTERFIELD FOR CORNERSTONE

 

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

 

The proposal will include 6 cabinets associated with the scheme, resulting in 10 separate cabinets on the verge, alongside 2 telecom poles and 1 streetlamp and which will lead a very cluttered highway verge and which is considered to be excessive and harmful to the streetscene. The combination of the width, height and inclusion of the non-shrouded antennaes lead to a design and appearance that is not acceptable or sympathetic in this residential area and which results in an incongruous feature in the streetscene, when viewed from the surrounding locality but especially from Cromwell Road, Newbold Road and Edinburgh Road, as well as the nearby dwellings at 30A and 31 Cromwell Road, 66 and 66A Newbold Road and 38 – 48 Edinburgh Road. The proposal is thereby considered to be contrary to policy CLP20 (b) of the Chesterfield Local Plan (2018 – 2035) in terms of the detrimental impact on visual amenity.

 

Councillor Simmons left the meeting at this point.

 

CHE/21/00556/FUL - CONVERSION OF EXISTING PROPERTY TO FORM 4 SELF-CONTAINED APARTMENTS WITH SHARED STAFF ACCOMMODATION AND COMMUNAL AREAS WITH NEW LEVEL PATIO TO REAR AT BRENDON HOUSE RESIDENTIAL HOME, BRENDON AVENUE S40 4NJ FOR HEATHCOTES CARE 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 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).

 

·      Proposed GA Layout, Ground & First Floor, drawing number 21-2346 (02) 0004 Revision P01 (received 23.07.2021)

 

·      Proposed Elevations, drawing number 21-2346 (02) 005 P01 (received 23.07.2021)

 

·      Proposed Site Plan and Construction Details, drawing number 21_2346 _(90)02 Revision P05 (received 14.10.2021)

 

3.  No construction or demolition works, movement of construction traffic, or deliveries related to the construction of the hereby approved development to and from the premises, shall occur other than between 0800 and 1700 hours weekdays, and 0900 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.  Tree protection condition

 

·      All trees which are being retained on site or which will be affected should be protected by barriers and or ground protection as recommended in BS 5837 ‘Trees in Relation to Design, demolition and construction - Recommendations’ 2012. As a minimum, Heras fencing with suitable support should be used on this occasion unless otherwise approved in writing by the Local Planning Authority.

 

·      Vertical barriers should be erected, and/or ground protection installed before any materials or machinery are brought onto the site and before any demolition, development or stripping of soil commences. The protected areas should be regarded as sacrosanct, and once erected, barriers and ground protection should not be removed or altered without prior approval of the local planning authority.

 

·      No operations, excavations or storage of materials will take place within the Root Protection Area which has been calculated at 6 metres from the stems of the 2 nearest trees to the new patio area and gabion baskets and as shown on drawing 21_2346_(90)02 Rev P05. Notices should be attached to the fencing at regular intervals to this effect.

 

·      Any roots, if exposed, should be wrapped in dry, clean hessian sacking to prevent desiccation and to protect from rapid temperature changes. Any wrapping should be removed before back filling which should take place as soon as possible.

 

·      Roots smaller than 25mm diameter may be pruned back, preferably to a side branch, using a proprietary cutting tool such as secateurs or hand saws. Roots larger than 25mm should only be severed following consultation with the Council’s Tree Officer, as they may be essential to the tree’s health and stability. Prior to back filling, any hessian wrapping should be removed and retained roots should be surrounded with sharp sand (builders’ sand should not be used because of its high salt content which is harmful to tree roots) or other loose granular fill, before the soil is replaced.

 

·      There shall be no pruning of the protected trees (TPO 4901.297) on the site unless a formal application is submitted for consideration and approved by the Local Planning Authority in writing.

 

The development thereafter shall be implemented in strict accordance with the conditions above.

 

5.  Within 2 months of the commencement of the development hereby approved

 

·      Two bird boxes shall be installed/integrated into the development site.

 

·      One bug hotel.

 

The biodiversity enhancement shall thereafter be retained and maintained throughout the life of the development.

 

Councillor Simmons returned to the meeting at this point.

 

CHE/21/00406/FUL - CONVERSION AND SUB-DIVISION OF 2 EXISTING INDUSTRIAL UNITS INTO 5 SELF-CONTAINED INDUSTRIAL UNITS FOR E (G II AND III) AND B8 USE (REVISED PLANS RECEIVED 13.10.2021) AT WILLETS BROS LTD, KING STREET NORTH, WHITTINGTON MOOR S41 9BA FOR WILLETT BROTHERS (CHESTERFIELD) LTD

 

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

 

Standard timeframe

 

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

 

Approved plans

 

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).

 

·      Proposed General Arrangements Floor/Site, Roof & Block Plans, drawing number J21-017 A-105 Revision B (Dated 13.10.2021)

 

·      Proposed Elevations, drawing number J21-017 A-205 Revision B (Dated 13.10.2021)

 

Control of use

 

3.  Notwithstanding the provisions of the Town and Country Planning (Uses Classes) Order 1987, (or any Order revoking or re-enacting that Order with or without modifications), this permission shall relate solely to the use of the land and buildings for B8 and E g ii and iii uses and for no other purpose, including any other activity within the same class of the schedule to that Order.

 

Control of B8 use

 

4.  No more than 1100sqm of the total floor space shall be occupied by B8 use

 

Working hours

 

5.  The premises shall not be used for the purposes authorised by this permission (including deliveries) other than between the following hours:

 

07:00 to19:00 weekdays

08:00 to 13:00 Saturday

 

and at no time on Sundays or Public holidays

 

unless otherwise agreed in writing by the Local Planning Authority.

 

Parking provision

 

6.  Prior to the first operation/use of the hereby approved development, the car parking spaces as shown on drawing ‘Proposed General Arrangements Floor/Site, Roof & Block Plans, drawing number J21-017 A-105 Revision B (Dated 13.10.2021’ shall be provided and thereafter shall be retained free from any impediment to their designated use for the life of the development.

 

Cycle provision

 

7.  Prior to the first operation/use of the hereby approved development, the cycle parking facilities shown on the approved drawings ‘Proposed General Arrangements Floor/Site, Roof & Block Plans, drawing number J21-017 A-105 Revision B (Dated 13.10.2021)’ shall be provided available for use and thereafter shall be retained free from any impediment to their designated use for the life of the development.

 

Electric charging provision

 

8.  Electric Vehicle Charging Points (EVCPs) shall be provided for at least 10% provision of car/van parking spaces; and passive provision shall be made available for the remainder of the site so that spaces are capable of being readily converted to EVCPs in the future. Thereafter the EVCP's shall be retained and maintained operational for the lifetime of the development.

 

Landscaping and biodiversity

 

9.  A scheme of hard and soft landscaping shall be submitted to and approved in writing by the Local Planning Authority prior to first occupation of the development hereby approved, the details of which shall include:-

 

a) indications of all existing trees to be retained;

 

b) measures for the protection of retained vegetation during the course of development;

 

c)  all plant species, planting sizes, planting densities, the number of each species to be planted and plant protection;

 

d) biodiversity enhancements

 

e) means of enclosure including details of waste/bin storage;

 

f) hard surfacing materials.

 

10.  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.