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/21/00707/FUL - ERECTION OF 301 DWELLINGS INCLUDING THE PROVISION OF PUBLIC OPEN SPACE, LANDSCAPING AND ASSOCIATED INFRASTRUCTURE AND WORKS (AMENDED PLANS RECEIVED 19.04.2022) ON LAND TO THE EAST OF LINACRE ROAD, HOLME HALL FOR TILIA HOMES LTD

 

In accordance with Minute No. 299 (2001/2002) and with the agreement of the Chair Michael Saunders (objector), Lynne Atkin (objector), Ian Wheeldon (objector) and Richard Stewart (agent for the applicant) addressed the meeting.

 

*RESOLVED –

 

That further consideration of this item be deferred to a future meeting of the Planning Committee for additional information to be provided before the application is determined.

 

 

CHE/21/00703/FUL - EXTENSION, ALTERATIONS AND CHANGE OF USE OF EXISTING MIXED USE RESIDENTIAL/COMMERCIAL PROPERTY (SUI GENERIS) TO SEPARATE RESIDENTIAL UNIT AND CLASS E HAIR SALON AT 53 HEATON STREET, CHESTERFIELD, DERBYSHIRE, S40 3AF FOR MR MILLS

 

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

 

*RESOLVED –

 

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).

 

Site Plan, drawing unnumbered (received 27.10.2021)

Proposed ground floor (received 23.09.2021)

Proposed front elevation 1 (received 19.10.2021)

Proposed side elevation 2 (received 23.09.2021)

Proposed rear elevation 3 (received 23.09.2021)

 

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), the E class uses hereby permitted by this permission shall be limited to hairdressers or individual small shops designed to serve local day to day needs as referred to in the 2021 NPPF.

 

4.  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 non-domestic extensions, alterations etc as set out in Schedule 2 Part 7 Class A shall be erected without the prior written approval of the Local Planning Authority upon an application submitted to it.

 

5.  Details of proposed waste storage including location of bins and appropriate screening shall be submitted to the local planning authority for consideration prior to the opening of the business. 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.  A minimum of 3 cycle parking stands shall be installed on site in accordance with submitted drawing ‘Site Plan, drawing unnumbered (received 27.10.2021)’. The cycle stands shall have been installed prior to occupation of the new separated commercial unit and shall thereafter be maintained throughout the life of the development free from any impediment to their designated use.

 

7.  One parking space, measuring a minimum of 2.4 metres by 4.8 metres, shall be retained to serve the residential occupants of No 53 Heaton Street. The parking space shall be retained permanently for domestic car parking unless otherwise agreed in writing by the Local Planning Authority.

 

8.  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 site. The ecological enhancement measures shall thereafter be retained and maintained throughout the life of the development.

 

 

CHE/22/00117/FUL - PROPOSAL: ERECTION OF 1 DWELLING AT GARAGE SITE, ADJACENT TO 23 ROECAR CLOSE, OLD WHITTINGTON, CHESTERFIELD for DM AND RL PROPERTIES LTD.

 

In accordance with Minute No. 299 (2001/2002) Councillor Peter Innes (ward member) and Marie White (objector) addressed the meeting.

 

*RESOLVED –

 

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

-  Proposed layout, elevations, and site layout – drawing no. 21-2393-(02)-001 – Rev P3- 1:50, 1:100 & 1:200 @ A1

 

3.  No development shall commence until:

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

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

 

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

 

4.  Prior to the occupation of the development, 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.  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.

 

6.  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.

 

7.  Construction works shall only be carried out between the hours of 8:00am to 6:00pm Monday to Friday and 9:00am to 1:00pm on a Saturday. Construction work shall not be carried out on Sundays or Public Holidays. The term construction work shall include mobile and fixed plant/machinery (e.g. generators), radios, and the delivery of materials. NB- this condition takes into account the current guidance issued by Derbyshire County Council, Highways Agency and all Utility companies.

 

8.  The entire site frontage shall be cleared, and maintained thereafter, clear of any obstruction exceeding 1m in height (0.6m in the case of vegetation), excluding the dwelling itself, relative to the road level for a distance of 2.4m into the site from the carriageway edge in order to maximise the visibility available to drivers emerging onto the highway.

 

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

 

10.  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 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) proposed hardstanding and boundary treatment:

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

c) Sufficient specification to ensure successful establishment and survival of new planting.

 

11.  Any new tree(s)/ plant(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).

 

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

 

13.  A residential charging point shall be provided for the dwelling with an IPD65 rated domestic 13amp socket, directly wired to the consumer unit with 32 amp cable to an appropriate RCD. The socket shall be located where it can later be changed to a 32amp EVCP. Alternative provision to this specification must be approved in writing, by the Local Planning Authority. The electric charging points shall be provided in accordance with the stated criteria prior to occupation and shall be maintained for the life of the approved development.

 

14.  Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order 2015 (or in any Statutory Instrument revoking or re-enacting that Order with or without modification), there shall be no extensions, outbuilding or garages constructed (other than garden sheds or greenhouses of a volume less than 10 cubic metre) erected at the dwelling hereby approved without the prior written agreement of the Local Planning Authority.

 

15.  Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order 2015 (or in any Statutory Instrument revoking or re-enacting that Order with or without modification), there shall be no additional windows installed in the dwelling hereby approved without the prior written agreement of the Local Planning Authority.

 

16.  The window at first floor level in the north east elevation as shown on drawing no. 21-2393-(02)-001 Rev P3 shall be obscurely glazed to Pilkington Level 4 and shall be retained as such for the life of the development.

 

17.  The window at first floor level in the north east elevation as shown on drawing no. 21-2393-(02)-001 Rev P3 shall only be openable if the lowest part of the opening section is 1.7 metres above internal floor level and shall be retained as such for the life of the development.

 

B.  That a CIL liability notice be served for £3,631.25, as per section 6.9 of the officer’s report.