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/22/00675/FUL - CONSTRUCTION OF A TEMPORARY CAR PARK AND ASSOCIATED WORKS AT CHESTERFIELD AND NORTH DERBYSHIRE ROYAL HOSPITAL, CHESTERFIELD ROAD, CALOW, CHESTERFIELD FOR DERBYSHIRE NHS FOUNDATION TRUST

 

In accordance with Minute No. 299 (2001/2002) Mrs Rachel Gray and Ruth Sadler (Objectors) addressed the meeting.

 

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

 

*RESOLVED –

 

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 a date 2 years from the date of this decision or within 2 months of the occupation of the Mental Health unit, whichever comes first. On or before that date the hard surfacing, barrier and fencing hereby approved shall be removed from the site. The land shall be restored to its former condition, in line with a detailed landscaping scheme and associated timing schedule, which shall be submitted to and agreed in writing by the Local Planning Authority before the expiry 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).

 

         Amended layout plan 2802 Rev P4 received 15.12.2022

         Location plan 2800 Rev P2 received 29.09.2022

         Heras fencing specification received 22.09.2022

         Rising barrier specification received 22.09.2022      

 

3.  No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.

 

4.  The security fencing as shown on drawing RG0004-RYD-00-ZZ-DR-A-2802-S2-P1 shall also be used as tree protection fencing and there shall be no storage of materials, machinery, or any other construction activity to the north, east and west boundaries unless the Local Planning Authority gives its written consent to any variation. The fencing shall remain in situ until the development and restoration of the site is completed.

 

5.  The tree protection measures contained within the Arboricultural Impact Assessment (AIA) by Temple dated 17th October 2022 shall adhered to throughout the development of the temporary car par and restoration phase unless the Local Planning Authority gives its written consent to any variation.

 

6.  There shall be no excavations for the security barrier or lighting within the designated root protection areas of the retained trees.

 

7.  The lighting serving the proposed car park shall only be illuminated (switched on) between the hours of 6.30am to 8am and then from 4pm to 6.30pm from November to March inclusive. At all other times there shall be no on-site illumination (the lights shall be switched off).

 

8.  The car park shall not be taken into use until space has been fully provided within the application site in accordance with the application drawings, laid out, surfaced and which shall be maintained throughout the life of the development free from any impediment to its designated use.

 

CHE/21/00131/REM - APPROVAL OF RESERVED MATTERS OF CHE/19/00088/OUT - ERECTION OF DETACHED DWELLING INCLUDING ACCESS AT LAND BETWEEN 34 AND 38 LAKE VIEW AVENUE, WALTON, CHESTERFIELD, S40 3DR FOR MR AND MRS LONG

 

In accordance with Minute No. 299 (2001/2002) Mr Chris Armstrong (Objector) addressed the meeting.

 

*RESOLVED –

         

That the officer recommendation be upheld and the application be approved subject to the following conditions and a CIL liability notice issued as per section 5.11 of the officer’s report:-

 

A.

 

1. 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.

 

-  Proposed Site Plan and Site Location Plan, drawing number PL_01 Revision E

 

-  Proposed Plans and Elevations, drawing number PL_02 Revision C

 

-  Proposed Site Levels and Site Sections, drawing number PL_03 Revision A

 

2.  This consent shall not extend to the use of render as shown on drawing PL_02 Revision C. 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.

 

         3.  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.

 

         4.  The biodiversity enhancements as set out on approved drawing ‘proposed Site Plan’, drawing number PL_01 Revision E for the installation of two bird boxes and one integral bat box shall be implemented in full prior to the occupation of the development and maintained thereafter.

 

B.  That a CIL liability notice be issued for £28,879 as per section 5.11 of the officer’s report.

 

CHE/22/00488/FUL - ERECTION OF A RESIDENTIAL DWELLING AT 211 LANGER LANE, BIRDHOLME, CHESTERFIELD

 

In accordance with Minute No. 299 (2001/2002) Mr Steve Haslam (Agent) addressed the meeting.

 

*RESOLVED –

 

That the officer recommendation be upheld and the application be approved subject to the following conditions and a CIL liability notice issued as per section 6.8 of the officer’s report:-

 

          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 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

Proposed Floor plans

Proposed Elevations

Biodiversity Plan and Site Plan (submitted 06/12/22)

 

3.  No development above floor-slab/D.P.C level shall take place until 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.  Details shall include:

 

a)   a scaled plan showing the trees and plants to be planted:

 

b)   a scaled plan showing the trees and plants to be removed:

 

 

c)   proposed hardstanding and boundary treatment (including details of variations to levels on site):

 

d)   a schedule detailing species (to encourage wildlife), sizes and numbers of all proposed trees/plants

 

 

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

 

f)     Details of the types of bird boxes, bat boxes and bee bricks that are proposed.

 

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 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).

 

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

 

4.  No development shall commence until;

 

a) a scheme of intrusive site investigations in relation to shallow underground mine workings has been carried out on site to establish the risks posed to the development by past mining activity, and;

 

b) any remediation works and/or mitigation measures to address land instability arising from 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.

 

5. Prior to the first occupation of the dwelling 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 mining activity.

 

6. Prior to occupation of the development hereby approved, details of any floodlighting and uplighting shall be submitted to and approved by the Local Planning Authority.  Such details shall include siting, angles, levels of illumination and any shields.  The details shall be implemented in accordance with those approved and should ensure that the light falls wholly within the curtilage of the site and does not significantly impact upon wildlife in the area.

 

7.

 

A. Development shall not commence until details as specified in this condition 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.

 

I.  A desktop study/Phase 1 report documenting the previous land use history of the site.

 

II. A site investigation/phase 2 report 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.

 

III. A detailed scheme of remedial works should the investigation reveal the presence of ground gas or other contamination. The scheme shall include a Remediation Method Statement and Risk Assessment Strategy to avoid any risk arising when the site is developed or occupied.

 

B. 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.

 

C. The development hereby approved shall not be occupied until a written Validation Report (pursuant to A II and A III only) has been submitted to and approved in writing by the Local Planning Authority. A Validation Report is required to confirm that all remedial works have been completed and validated in accordance with the agreed Remediation Method Statement.

 

8.  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.

 

9.  A residential charging point shall be provided with an IP65 rated domestic socket 13amp socket, directly wired to the consumer unit with 32 amp cable to an appropriate RCD. This socket should be located where it can later be changed to a 32amp EVCP. Non-residential charging points shall be supplied by an independent 32 amp radial circuit and equipped with a type 2, mode 3, 7-pin socket conforming to IEC62196-2. 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 dwelling hereby approved shall not 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.

 

11.  Before 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.

 

12.  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.

 

13.  The premises, the subject of the application, shall not be occupied until space has been provided within the site curtilage for the parking of residents vehicles (each space measuring a minimum of 2.4m x 5.5m), 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.

 

14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, or any statutory instrument amending, revoking and/or replacing that Order, the garage to be provided in connection with the development shall not be used other than for the parking of vehicles except with the prior grant of planning permission pursuant to an application made to the Local Planning Authority in that regard.

 

15.  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.

 

16.  Prior to occupation a scheme of separate foul and surface water drainage which demonstrates that sustainable techniques have been used where feasible and viable shall be submitted to and approved in writing to the Local Planning Authority. The development shall be carried out in accordance with the approved scheme.

 

17.  The development shall include a scheme for the provision of surface water run-off on site, either via the use of a SUDs channel or permeable block paving. If this is not possible the applicant is required to contact the Local Planning Authority to discuss alternative options; and then not complete works until an alternative solution has been agreed in writing by the LPA. The scheme shall incorporate sustainable drainage principles and shall be implemented in full.

 

18.  Prior to the occupation of the dwelling hereby approved, the existing driveway shall be modified in accordance with the application drawings, laid out, constructed and maintained in perpetuity free from any impediment to its designated use. 

 

19.  There shall be no gates within 5m of the nearside highway boundary and any gates shall open inwards only.

 

20.  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) A specification for protective fencing to safeguard trees during both land clearance and construction phases and a plan indicating the alignment of the protective fencing.

 

b) Tree protection during construction indicated on a TPP and construction and construction activities clearly identified as prohibited in this area (Details to include how T87, T88 & T90 Lime of Tree Preservation Order 289 to the frontage of the site will be protected).

 

c) details of temporary parking, on site welfare facilities, loading, unloading and storage of equipment, materials, fuels and waste as well concrete mixing and use of fires.

 

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

 

21.  The development shall not be occupied until details of the means to ensure no overlooking of the adjoining property at no.211 Langer Lane have been submitted to the Local Planning Authority for consideration, and the agreed details, or any amendments to those details as may be required, have received the written approval of the Local Planning Authority and been carried on site. This shall include the details for the proposed removal of the window on the western wall and replacement of this with a new window on the northern elevation of no.211 Langer Lane.

 

B.  That a CIL liability notice be issued for £8,358 as per section 6.8 of the officer’s report.

 

CHE/22/00438/FUL - DEMOLITION OF MODERN FARM BUILDING AND CONSTRUCTION OF A DWELLING IN GROUNDS OF GRADE II LISTED BARN WITH ASSOCIATED LANDSCAPING WORK PARK HALL FARM, WALTON BACK LANE, WALTON, CHESTERFIELD FOR MR M TAYLOR

 

*RESOLVED –

 

That the officer recommendation be upheld and the application be approved subject to the following conditions and a CIL liability notice issued as per section 5.12 of the officer’s report:-

 

          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 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).

 

The approved plans relate only to the demolition of the existing modern barn and for the construction of a new detached single storey dwelling.

 

Site and Block Plan – New build, drawing number P-10

New Build Unit 4, drawing number P-06

Parking details, drawing number P-10

 

3.  No development shall take place other than in accordance with the agreed Written Scheme of Investigation for historic building recording and archaeological monitoring: Park Hall Farm Barn, Walton Back Lane, Walton, Derbyshire. Written Scheme of Investigation for Historic Building Recording (The Jessop Consultancy, May 2022). All elements of work within the WSI will be completed as approved unless otherwise agreed in writing by the local planning authority.

 

4.  The tree protection measures outlined in the Arboricultural Impact Assessment and Tree Protection Plan by Jon Coe Tree Consultancy Ltd reference JC/343/220518 shall be adhered to at all times throughout any demolition and construction phases. The development shall be implemented in strict accordance with the approved details unless otherwise agrees in writing by the Local Planning Authority.

 

         5.  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.

 

         6.  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.

 

         7.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and/or re-enacting that Order) the garage/car parking spaces hereby permitted shall be retained as such and shall not be used for any purpose other than the garaging/parking of private motor vehicles associated with the residential occupation of the property without the grant of further specific planning permission from the Local Planning Authority.

 

         8.  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.

 

         9.  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.

 

         10.  Notwithstanding the submitted details 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, including details of ecologically beneficial landscaping to provide a biodiversity enhancement.

 

b.  proposed hardstanding surfacing materials and shall include elevational drawings of boundary treatments including materials, types of fencing and treatment/colour.

 

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

 

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

 

         11.  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.

 

         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.

 

         13.  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, no extensions, outbuildings or garages constructed (other than garden sheds or greenhouses of a volume less than 10 cubic metre) without the prior written approval of the Local Planning Authority upon an application submitted to it.

 

         14.  There shall be no gates or other barriers on the shared access/driveway.

 

         15.  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.

 

         16.  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.

 

         17.  The biodiversity enhancements as set out on approved drawing ‘Biodiversity – New Build Unit 4’, drawing number P-12 shall be implemented in full prior to the occupation of the development and maintained thereafter.

 

B.  That a CIL liability notice be issued for £10,945 as per section 5.12 of the officer’s report.