PLANNING COMMITTEE 07.04.15 1 PLANNING COMMITTEE Tuesday, 7th April, 2015 Present:Councillor Brittain (in the Chair) Councillors Bingham Callan Clarke Collard Davenport Elliott Gilby Hill Avis Murphy Simmons *Matters dealt with under the Delegation Scheme The following site visits took place immediately before the meeting attended by the following Members:CHE/14/00782/OUT – Full planning application for alteration and extension of existing building to create five additional residential units – amended drawings received 16th February 2015 at Fridays Chip Shop, 109 Highfield Road, Chesterfield, S41 7HS for Mr J Dosanjh. Councillors Bingham, Brittain, Callan, Clarke, Collard, Davenport, Elliott, Gilby, Hill, Avis Murphy and Simmons. CHE/14/00813/OUT – Outline planning application for a 2/3 bedroom detached bungalow and associated parking on land to the rear of 10 Chesterfield Road, Brimington, accessed from Bradley Way, S43 1AD for Mrs. Margaret Couzens, and CHE/14/00814/OUT – Outline planning application for a 2/3 bedroom detached bungalow and associated parking on land to the rear of 8 Chesterfield Road, Brimington, accessed from Bradley Way, S43 1AD for Mr. G. Treweek. Councillors Bingham, Callan, Clarke, Collard, Davenport, Elliott, Gilby, Hill and Avis Murphy. CHE/14/00874/FUL – Proposed development of a circa 2200sqm PLANNING COMMITTEE 07.04.15 2 out-patient cancer unit through a new-build extension to an existing ward, with construction of ancillary sub-station and additional car parking at Chesterfield and North Derbyshire Royal Hospital, Chesterfield Road, Calow, Chesterfield Derbyshire, S44 5BL for Chesterfield Royal Hospital NHS Foundation Trust. Councillors Bingham, Brittain, Callan, Clarke, Collard, Davenport, Elliott, Gilby, Hill, Avis Murphy and Simmons. CHE/15/00025/FUL – Alterations and extension to existing public house to facilitate conversion to class A1 convenience store with ATM and associated servicing, refuse, plant and parking at The Spital, Spital Lane, Chesterfield, S41 0HL for New River Retail Property Unit Trust No.4. Councillors Bingham, Brittain, Callan, Clarke, Collard, Davenport, Elliott, Gilby, Hill, Avis Murphy and Simmons. CHE/15/00087/FUL – New two-storey detached house at land at Rushen Mount, Chesterfield, Derbyshire, S40 2JU for Mr. Andrew Parsons. Councillors Bingham, Brittain, Callan, Clarke, Collard, Davenport, Elliott, Gilby, Hill, Avis Murphy and Simmons. 119 APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Allen, Barr, Huckle and David Stone. 120 DECLARATIONS OF MEMBERS' AND OFFICERS' INTERESTS RELATING TO ITEMS ON THE AGENDA No declarations of interest were received. 121 MINUTES OF PLANNING COMMITTEE RESOLVED – That the minutes of the Planning Committee meeting held on 16 March, 2015 be approved as a true record and signed by the Chair. 122 APPLICATIONS FOR PLANNING PERMISSION - PLANS DETERMINED BY THE COMMITTEE PLANNING COMMITTEE 07.04.15 3 *The Committee considered the under-mentioned applications in light of reports by the Group Leader, Development Management and resolved as follows:- CHE/14/00874/FUL - PROPOSED DEVELOPMENT OF A CIRCA 2200SQM OUT-PATIENT CANCER UNIT THROUGH A NEW-BUILD EXTENSION TO AN EXISTING WARD, WITH CONSTRUCTION OF ANCILLARY SUB STATION AND ADDITIONAL CAR PARKING AT CHESTERFIELD AND NORTH DERBYSHIRE ROYAL HOSPITAL, CHESTERFIELD ROAD, CALOW, CHESTERFIELD, DERBYSHIRE S44 5BL FOR CHESTERFIELD ROYAL HOSPITAL NHS FOUNDATION TRUST In accordance with Minute No. 299 (2001/02) Dr R Start, Clinical Director of Pathology Directorate, Chesterfield Royal Hospital (the applicant) attended to respond to Members’ questions. 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. All external dimensions and elevational treatments shall be as shown on the approved plans, with the exception of any approved non material amendment. 3. 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 site investigation/Phase 2 report which shall document the ground conditions of the site as per the recommendations set out in the Phase I Desk Study prepared by Mott MacDonald dated December 2014. The site investigation shall establish the full extent, depth and cross-section, nature and composition of any potential contamination. Ground gas, groundwater and chemical analysis, identified as being appropriate by the 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. II. A detailed scheme of remedial works should the investigation reveal the presence of ground gas, other contamination or land condition issues. 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 PLANNING COMMITTEE 07.04.15 4 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. 4. Development associated with the proposed ward extension and electricity substation shall only be implemented in accordance with the Drainage Strategy prepared by Mott MacDonald dated December 2014 unless any amendment to that scheme has first be submitted to and agreed in writing by the Local Planning Authority. 5. No development shall take place on the extension to the car parking area to the east of the Hospital site until a Drainage Strategy comprising the details of the proposed means of disposal of surface water drainage, including details of any balancing works and off-site works and details to address surface water flood risk, have been submitted to and approved in writing by the Local Planning Authority. The car parking extension site shall only be developed in accordance with any subsequently approved scheme. 6. Upon commencement of development the applicant shall submit a 'Percent For Art' scheme which details the commissioning and provision of a piece of public art within the application site boundary. Only the approved piece of public art shall be installed on site in accordance with the approved scheme and an approved timescale agreed in writing by the Local Planning Authority. The approved artwork installed on site shall be retained in situ as such for the life of the development. 7. Prior to development commencing an Employment and Training Scheme shall be submitted to the Local Planning Authority for consideration and written approval. The Scheme shall include a strategy to promote local supply chain, employment and training opportunities throughout the construction of the development. 8. No development shall take place until space is provided within the site curtilage, for site accommodation, storage of plant and materials, parking and manoeuvring of site operative's and visitor's vehicles together with the loading/unloading and manoeuvring of goods vehicles. The space shall be constructed and laid out to enable vehicles to enter and leave the site in a forward gear, in surface materials suitable for use in inclement weather and maintained free from impediment throughout the duration of construction works. 9. 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. PLANNING COMMITTEE 07.04.15 5 10. Prior to the development hereby approved being bought into use the biodiversity enhancement measures set out in the recommendations of the Ecological Appraisal prepared by Smeeden Foreman Ltd dated December 2014 shall have been implemented in full on site. 11. Upon commencement of works and prior to installation a scheme detailing any external lighting (freestanding or building mounted) to both the extension and surface car park extension shall be submitted to the Local Planning Authority for consideration. Only a scheme which receives approval in writing shall be implemented on site. 12. 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. 13. The building shall be designed and constructed to a minimum BREEAM 'Very Good' standard. On completion of the development, and prior to first occupation, a copy of the certificate issued as evidence of compliance in this respect shall be submitted to the Local Planning Authority. 14. Within 2 months of commencement of development, unless otherwise agreed in writing by the Local Planning Authority, full details of hard landscape works for the approved development shall be submitted to the Local Planning Authority for consideration. Hard landscaping includes proposed finished land levels or contours; means of enclosure; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.), biodiversity enhancement features (e.g. bird / bat boxes), retained historic landscape features and proposals for restoration, where relevant. These works shall be carried out as approved prior to the occupation of the development hereby approved. 15. Within 2 months of commencement of development, unless otherwise agreed in writing by the Local Planning Authority, details of a soft landscaping scheme for the approved development shall be submitted to the Local Planning Authority for consideration. The required soft landscape scheme shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers; densities where appropriate, an implementation programme and a schedule of landscape maintenance for a minimum period of five years. Those details, or any approved amendments to those details shall be carried out in accordance with the implementation programme. CHE/15/00025/FUL - ALTERATIONS AND EXTENSION TO EXISTING PUBLIC HOUSE TO FACILITATE CONVERSION TO CLASS A1 CONVENIENCE STORE WITH ATM AND ASSOCIATED SERVICING, REFUSE, PLANT AND PARKING AT THE SPITAL, SPITAL LANE, PLANNING COMMITTEE 07.04.15 6 CHESTERFIELD, S41 0HL FOR NEW RIVER RETAIL PROPERTY UNIT TRUST NO 4 In accordance with Minute No. 299 (2001/02) Ruth Child, Peter Brett Associates LLP (on behalf of the 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 commence before the expiration of three years from the date of this permission. 2. All external dimensions and elevational treatments shall be as shown on the approved plans, with the exception of any approved non material amendment. 3. The approved work shall only be carried out on site between 8:00am and 6:00pm Monday to Friday, 9:00am and 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. 4. No development shall take place until space has been provided within the site for the storage of plant and materials, site accommodation, loading, unloading and manoeuvring of goods and vehicles, and the parking and manoeuvring of employees and visitors vehicles in accordance with details first submitted to and agreed by the local planning authority. Once implemented the facilities shall be retained free from any impediment to their designated use until the approved works are complete. 5. Prior to first occupation of the retail unit, the site access shall be altered as per approved drawing numbered RF35-0302. 6. No development shall take place until a Delivery Management Plan has been submitted to and approved in writing by the Local planning Authority. The approved plan shall be adhered to at all times thereafter and include the size and routing of all service and delivery vehicles and all service and delivery times. 7. The premises, the subject of this application, shall not be taken into use until the parking, turning, loading and unloading areas have been provided as per the application drawings laid out and constructed in bound materials (not loose chippings), clearly marked out and maintained in permanent marking materials all as may be agree with the Local Planning Authority and maintained thereafter free from any impediment to their designated use; 8. The premises, the subject of this application, shall not be taken into use until adequate bin storage has been provided within the site curtilage clear of all access, turning and parking provision. PLANNING COMMITTEE 07.04.15 7 CHE/15/00087/FUL - NEW TWO-STOREY DETACHED HOUSE AT LAND AT RUSHEN MOUNT, CHESTERFIELD, DERBYSHIRE S40 2JU FOR MR ANDREW PARSONS Comments received from the Highways Authority since the production of the report were reported to the meeting. In accordance with Minute No. 299 (2001/02) Councillor Jenny Flood and the representative of the 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. All external dimensions and elevational treatments shall be as shown on the approved plans, with the exception of any approved non material amendment. 3. Prior to the use of any facing or roof materials 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. 4. Prior to the commencement of development a Contractors Method Statement shall be submitted to and agreed in writing by the local planning authority. The Statement shall include details of site accommodation, storage of plant and materials, details for the provision of on-site parking for construction workers and deliveries, details of the manoeuvring of site operative’s and visitor’s vehicles together with details of loading/unloading and manoeuvring of goods. The development shall commence in accordance with the approved statement throughout the period of construction. 5. 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. 6. 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 PLANNING COMMITTEE 07.04.15 8 cross-section, nature and composition of the contamination. Ground gas, groundwater and chemical analysis, identified as being appropriate by the 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. 7. In the event it is proposed to import soil onto site in connection with the development the proposed soil shall be sampled at source and analysed in a MCERT certified laboratory, the results of which shall be submitted to the Local Planning Authority for consideration. Only the soil approved in writing by the Local Planning Authority shall be used on site. 8. Notwithstanding the details shown on the approved plans, details of boundary treatment shall be submitted to and agreed in writing by the Local Planning Authority. The approved treatment shall be installed as agreed prior to occupation of the approved dwelling-house. 9. The proposed access drive to Rushen Mount shall be no steeper than 1 in 15 for the first 10m from the nearside highway boundary and measures shall be implemented to prevent the flow of surface water onto the adjacent highway. Once provided any such facilities shall be maintained in perpetuity free from any impediment to their designated use. 10. The premises, the subject of this application, shall not be occupied until on-site parking spaces have been provided in accordance with the application drawings, laid out and constructed as may be agreed with the Local Planning Authority and maintained thereafter free from any impediment to its designated use. CHE/14/00813/OUT - OUTLINE PLANNING APPLICATION FOR A 2/3 BEDROOM DETACHED BUNGALOW AND ASSOCIATED PARKING ON LAND TO THE REAR OF 10 CHESTERFIELD ROAD, PLANNING COMMITTEE 07.04.15 9 BRIMINGTON, ACCESSED FROM BRADLEY WAY S43 1AD FOR MRS MARGARET COUZENS Councillors Brittain and Simmons left the meeting during consideration of this application and the subsequent application as they had not been in attendance at the site visits for these applications. Councillor Hill took the Chair for this and the subsequent application. In accordance with Minute No. 299 (2001/02) Councillor Andy Bellamy addressed the meeting. That the officer recommendation be upheld and the application be approved subject to the following conditions:1. Approval of the details of the Access, Scale, Layout, External Appearance and Landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. 2. Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 3. The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the matters reserved by this permission for subsequent approval by the Local Planning Authority, or in the case of the approval of such matters on different dates the date of the final approval of the last of such matters to be approved. 4. The construction of the dwelling hereby permitted shall not commence until the offsite highway works necessary for the development to be acceptable in planning terms, including the re-arrangement of existing parking off Bradley Way has been hard surfaced, sealed and drained within the existing street. 5. The construction of the dwelling hereby permitted shall not be commenced until the access, parking and turning areas approved under any subsequent reserved matters has been completed. The provision so made shall be retained thereafter as available for its intended use, which shall include the provision of rights of access for communal use by residents and visitors of residents on Bradley Way of two parking spaces. 6. The reserved matters applications for access and layout shall include provision for at least two replacement parking spaces for communal use by residents and visitors of Bradley Way. 7. Prior to development commencing full details of a scheme that demonstrates the development will secure a minimum of Level 4 of the Code for Sustainable Homes or the highest level feasible and viable for the development and site, and shall be PLANNING COMMITTEE 07.04.15 10 submitted to in writing by the Local Planning Authority for its approval. The development shall only be carried out in accordance with the details so approved in writing by the Local Planning Authority. 8. Prior to development commencing full details of a scheme of separate foul and a 'sustainable' surface water drainage system within the site (including detailed calculations for surface water run off rates) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the scheme so approved. 9. The driveway/access and turning areas for the development shall not have a steeper gradient than 1 in 14. 10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) or any subsequent equivalent legislation, no new means of enclosure or alterations to means of enclosures approved by and implemented under reserved matters shall be carried out without permission of the Local Planning Authority. 11. Unless otherwise agreed in writing by the Local Planning Authority 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. 12. Development shall not commence (including off-site works) until a scheme of construction management covering traffic, parking provision within the site and storage of materials, has been submitted to and approved in writing by the Local Planning Authority. The development shall only proceed in accordance with the scheme so approved unless otherwise approved in writing by the Local Planning Authority. 13. The development shall be carried out in accordance with the plans approved at reserved matters stage with the exception of any approved non material amendment. CHE/14/00814/OUT - OUTLINE PLANNING APPLICATION FOR A 2/3 BEDROOM DETACHED BUNGALOW AND ASSOCIATED PARKING ON LAND TO THE REAR OF 8 CHESTERFIELD ROAD, BRIMINGTON, ACCESSED FROM BRADLEY WAY, S43 1AD FOR MR G TREWEEK In accordance with Minute No. 299 (2001/02) Councillor Andy Bellamy addressed the meeting. That the officer recommendation be upheld and the application be approved subject to the following conditions:1. Approval of the details of the Access, Scale, Layout, External Appearance and Landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. PLANNING COMMITTEE 07.04.15 11 2. Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 3. The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the matters reserved by this permission for subsequent approval by the Local Planning Authority, or in the case of the approval of such matters on different dates the date of the final approval of the last of such matters to be approved. 4. The construction of the dwelling hereby permitted shall not commence until the offsite highway works necessary for the development to be acceptable in planning terms, including the re-arrangement of existing parking off Bradley Way has been hard surfaced, sealed and drained within the existing street. 5. The construction of the dwelling hereby permitted shall not be commenced until the access, parking and turning areas approved under any subsequent reserved matters has been completed. The provision so made shall be retained thereafter as available for its intended use, which shall include the provision of rights of access for communal use by residents and visitors of residents on Bradley Way of two parking spaces to be provided under permission CHE/14/00813/OUT. 6. The reserved matters applications for access and layout shall include provision for at least two replacement parking spaces for communal use by residents and visitors of Bradley Way. 7. Prior to development commencing full details of a scheme that demonstrates the development will secure a minimum of Level 4 of the Code for Sustainable Homes or the highest level feasible and viable for the development and site, and shall be submitted to in writing by the Local Planning Authority for its approval. The development shall only be carried out in accordance with the details so approved in writing by the Local Planning Authority 8. Prior to development commencing full details of a scheme of separate foul and a 'sustainable' surface water drainage system within the site (including detailed calculations for surface water run off rates) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the scheme so approved. 9. The driveway/access and turning areas for the development shall not have a steeper gradient than 1 in 14. 10. Notwithstanding the provisons of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) or any subsequent equivalent legislation, no new means of enclosure or alterations to means of enclosures approved by and implemented under reserved matters shall be carried out without permission of the Local Planning Authority. PLANNING COMMITTEE 07.04.15 12 11. Unless otherwise agreed in writing by the Local Planning Authority 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. 12. Development shall not commence (including off-site works) until a scheme of construction management covering traffic, parking provision within the site and storage of materials, has been submitted to and approved in writing by the Local Planning Authority. The development shall only proceed in accordance with the scheme so approved unless otherwise approved in writing by the Local Planning Authority. 13. The development shall be carried out in accordance with the plans approved at reserved matters stage with the exception of any approved non material amendment. Councillors Brittain and Simmons returned to the meeting. Councillor Brittain resumed the Chair. CHE/14/00782/OUT - FULL PLANNING APPLICATION FOR ALTERATION AND EXTENSION OF EXISTING BUILDING TO CREATE FIVE ADDITIONAL RESIDENTIAL UNITS - AMENDED DRAWING RECEIVED 16TH FEBRUARY 2015 AT FRIDAYS CHIP SHOP, 109 HIGHFIELD ROAD, CHESTERFIELD, S41 7HS FOR MR J DOSANJH Two further representations received since the production of the report were reported to the meeting. That the officer recommendation be upheld and the application be approved subject to the following conditions:1. Approval of the details of the Landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. 2. Application for approval of the reserved matter of landscaping shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 3. The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the matters reserved by this permission for subsequent approval by the Local Planning Authority, or in the case of the approval of such matters on different dates the date of the final approval of the last of such matters to be approved. 4. Prior to development commencing full details of a scheme that demonstrates the development will secure a minimum of Level 4 of the Code for Sustainable Homes or PLANNING COMMITTEE 07.04.15 13 the highest level feasible and viable for the development and site, and shall be submitted to in writing by the Local Planning Authority for its approval. The development shall only be carried out in accordance with the details so approved in writing by the Local Planning Authority 5. Before construction works commence of the dwelling or hard surfacing, precise specifications or samples of the walling and roofing materials and hard surfacing 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 unless otherwise agreed by the Local Planning Authority in writing. 6. Prior to development commencing full details of a scheme of separate foul and a 'sustainable' surface water drainage system within the site (including detailed calculations for surface water run off rates) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the scheme so approved. 7. Prior to development commencing a construction management scheme (including hours of work and deliveries, site parking, materials storage and tree protection), shall be submitted to and approved in writing by the Local Planning Authority. The construction phase shall be carried out in accordance with the scheme so approved unless otherwise approved in writing by the Local Planning Authority. 8. Prior to the first occupation of any of the flats hereby permitted commencing the dropped kerb access and parking layout shown on the approved plan 14/385/P01 Revision D, shall be laid out, hard surfaced, sealed and drained within the site and parking areas marked with white lines. The parking spaces so provided shall be retained thereafter. 9. Prior to the first occupation of any of the flats hereby permitted commencing, a scheme which serves to prevent customers to the commercial uses on the site from accessing parking to the rear of the building and preserve the rear parking for residents, shall be submitted to and approved in writing by the Local Planning Authority. The flats hereby permitted shall not be occupier until the scheme so approved has been carried out, and the scheme once implemented shall be retained thereafter. 10. The development hereby permitted shall not commence until a noise assessment of the existing commercial uses on the site (taking account of all internal and external sources of noise) and their likely impact on the new flats occupiers and also scheme of any necessary mitigation, has been submitted to and (if acceptable) approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the mitigation scheme and the scheme shall be retained in place thereafter. 11. Development hereby permitted shall not commence until a scheme giving design details of an air extraction system (including external flue) for the hot food takeaway including details of the methods of treating emissions and controlling odour (using PLANNING COMMITTEE 07.04.15 14 filters) has been submitted to and approved in writing by the Local Planning Authority. The scheme so approved shall be implemented in full prior to the occupation of any of the flats hereby permitted commencing and shall be maintained in operation thereafter. 12. Notwithstanding the approved plans, development hereby permitted shall not commence until design details of angled bay windows with obscure glazing and limited openers to the bedroom window (north facing) of flat 1, and to flat 4’s lounge and bedroom no.2 windows, has been submitted to and approved in writing by the Local Planning Authority. The scheme so approved shall be implemented in full prior to the occupation of either of flats 1 and 4 commencing and shall be retained thereafter. 13. The rooflights in the northerly facing roofslopes of the development hereby permitted (to flats 2 and 4) shall have cill levels no less than 1.7m above the related finished floor level. 14. Notwithstanding the provision of the Town and Country Planning (General Permitted) Development Order 1995 (as amended) or any subsequent equivalent legislation, there shall be no additional windows/rooflights installed in the flats hereby permitted beyond those on the approved plans without the permission of the Local Planning Authority. 15. Notwithstanding the provision of the Town and Country Planning (General Permitted) Development Order 1995 (as amended) or any subsequent equivalent legislation, there shall be no means of enclosure, bollards or gates within 5m of the highway footway on the site without the permission of the Local Planning Authority. 16. Excavations shall not be carried out within 5m of the stems of the protected trees on the site and on the adjoining land to the south. 17. With the exception of elements required within other condition on this permission, the development shall be carried out as shown on the approved amended plans 14/385/P01 Revision D with the exception of any approved non material amendment. 123 LOCAL GOVERNMENT ACT 1972 - EXCLUSION OF THE PUBLIC RESOLVED – That under Section 100(A)(4) of the Local Government Act 1972 the public be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information as defined in Paragraph 6 of Part 1 of Schedule 12A of the Act. 124 UNAUTHORISED GARAGE AT 17 CRICH ROAD, INKERSALL, CHESTERFIELD, S43 3SG PLANNING COMMITTEE 07.04.15 15 The Committee considered a report from the Group Leader, Development Management on an unauthorised development and seeking authority for enforcement action. *RESOLVED – That an Enforcement Notice be served under the Town and Country Planning Act 1990 requiring the unauthorised garage structure to be removed. 125 UNAUTHORISED USE OF LAND AT WALTON WORKS, CHESTERFIELD The Committee considered a report from the Group Leader, Development Management on the unauthorised use of buildings and land and seeking authority for enforcement action. Councillors Davenport and Gilby left the meeting at this point. *RESOLVED - 1. That an Enforcement Notice be issued under the Town and Country Planning Act 1990 requiring the cessation of the use of pyrotechnics at the site, the use of the ground and first floor levels of the northern staircase to the rear of Chatsworth Road properties for game play and the use of the external areas to the buildings for game play. 2. That on the basis that a continuation of the activities are seriously damaging to the amenity of local residents and contrary to community safety for those passing the site that a Stop Notice be served requiring the cessation of the use of pyrotechnics at the site, the use of the ground and first floor levels of the northern staircase to the rear of Chatsworth Road properties for game play and the use of the external areas to the buildings for game play. Councillors Hill and Avis Murphy left the meeting at this point. 126 LOCAL GOVERNMENT ACT 1972 - RE-ADMISSION OF THE PUBLIC RESOLVED – That under Section 100(A)(4) of the Local Government Act 1972 the public be readmitted to the meeting for the following items of business. 127 BUILDING REGULATIONS (P880D) PLANNING COMMITTEE 07.04.15 16 *The Chief Building Control Officer reported that pursuant to the authority delegated to him he had determined the under-mentioned plans under the Building Regulations:(a) Approvals 15/00349/OTHD Other Works (Domestic) - Internal alterations to existing wc and new pitched roof to existing garage at 91 Cuttholme Road Chesterfield Derbyshire S40 4PX 14/01800/DEX Domestic Extensions/Alterations - Rear extension at 3 Bradwell Place Chesterfield Derbyshire S43 3DG 15/00385/MUL Multiple Domestic - Front side and rear extension and replacement of cladding with BWK at 76 Keswick Drive Chesterfield Derbyshire S41 8HN (b) Refusals 15/00014/DEX 15/00012/OTHC 128 Domestic Extensions/Alterations - Double storey extension to side of property at 40 Swaddale Avenue Chesterfield Derbyshire S41 0SU Other Works (Commercial) - Use of void over existing offices as general file storage for Vesuvius UK Ltd Flogates Ltd Sheepbridge Lane Chesterfield Derbyshire S41 9BS APPLICATIONS FOR PLANNING PERMISSION - PLANS DETERMINED BY THE DEVELOPMENT MANAGEMENT AND CONSERVATION MANAGER (P140D) *The Group Leader, Development Management reported that pursuant to the authority delegated to him, he had determined the under-mentioned applications subject to the necessary conditions:(a) Approvals CHE/14/00774/FUL Bedroom, bathroom and kitchen extension and garage relocation to the rear - amended plans received 27th February 2015 at 110 Foljambe Avenue Chesterfield Derbyshire S40 3EX for Mr David Addison CHE/14/00867/FUL Two storey rear extension at 33 Storrs Road Chesterfield Derbyshire S40 3QA for Mr and Mrs D Hooton CHE/14/00868/FUL Two storey rear extension at 35 Storrs Road Chesterfield Derbyshire S40 3QA for Mr and Mrs I Greenway PLANNING COMMITTEE 07.04.15 17 CHE/14/00891/LBC Non material amendment to CHE/13/00713/LBC - remove an existing window and form a new doorway to create separate access to ground and first floor flats at 1 - 3 Cavendish Place Chesterfield Derbyshire S43 2NS for Chatsworth Settlement Trustees CHE/14/00892/NM Non material amendment to CHE/12/00735/FUL - revision of internal layouts and removal of existing window to form new doorway with view to providing separate entrances to ground and first floor flats at 1 - 3 Cavendish Place Chesterfield Derbyshire S43 2NS for White Design CHE/14/00901/FUL Single storey rear extension, remove hip roof and form gable with dormer window at rear and new porch at front at 322 Ashgate Road Chesterfield Derbyshire S40 4BW for Mr Craig Elliott CHE/14/00903/FUL Re-submission of CHE/14/00048/FUL for demolition of existing garage and erection of a 3 bed detached dwelling and garage at 6 The Dell Chesterfield Derbyshire S40 4DL for Mr Derrick Barber CHE/15/00006/FUL Alterations and extension at 161A Old Road Chesterfield Derbyshire S40 3QL for Mr David Barker CHE/15/00007/CO Change of use of existing warehouse (use class B8) to builders yard (sui generis) at Chesterfield and District Co-op Society Ltd Baden Powell Road Chesterfield Derbyshire S40 2RL for A Rock Construction Limited CHE/15/00011/FUL Existing redundant estate office is proposed to be converted into a 2 bedroom bungalow. This will include the provision of an additional window at Hassop Close Community Centre 5 Hassop Close Chesterfield Derbyshire S40 4FD for Affinity Sutton Group CHE/15/00017/FUL Single storey brick extension to rear of property with pitched roof at 1 Headland Close Chesterfield Derbyshire S43 1QU for Mr Andrew Crookston CHE/15/00018/FUL Area of hardstanding to provide a 4m extension to service yard - revised site boundary plans received on 04/02/2015 and 10/02/2015 at Henry Boot Construction Unit 8 Waterloo Court Markham Lane Duckmanton Chesterfield Derbyshire S44 5HN for Henry Boot Developments Ltd CHE/15/00023/FUL Re-building of existing dwelling due to structural and fire damage. First floor addition to rear of dwelling to provide PLANNING COMMITTEE 07.04.15 18 en-suite bathroom at 2A Devonshire Road East Chesterfield Derbyshire S41 0AD for Chartwade Property Ltd CHE/15/00026/FUL Provision of two additional windows and replacement entrance door at 479 Chatsworth Road Chesterfield Derbyshire S40 3AD for Mrs Elizabeth Morris CHE/15/00031/OU Erection of a detached bungalow as per previous approval CHE/09/00701/OUT at land adjacent to 20 Woodthorpe Road Chesterfield Derbyshire for Mrs Sheila Perrin CHE/15/00032/FUL Proposed rear extension at 7 Beechdale Close Chesterfield Derbyshire S40 4EQ for L Pearson CHE/15/00033/FUL Single storey side extension at 105 Whittington Hill Chesterfield Derbyshire S41 9EZ for Mr S Brailsford CHE/15/00034/FUL First floor rear extension and car port at 32 Norwood Avenue Chesterfield Derbyshire S41 0NW for Mr David Blakey CHE/15/00035/MA Amendment to CHE/14/00252/FUL - Proposed single storey light industrial workshop within the curtilage of the existing site premises at Cathelco Marine House Dunston Road Chesterfield Derbyshire S41 8NY for Cathelco Ltd CHE/15/00036/TPO Crown thinning by 25% and crown cleaning of ash and removal of large limb growing towards property back to fork in stem and crown clean of alder at 5 Lillymede Close Chesterfield Derbyshire S40 2JR for Mr G Ramsden CHE/15/00055/FUL Two storey extension to side and single storey extension to rear of dwelling and partial removal of the front boundary wall to open frontage up for additional parking at 12 Coppice Close Chesterfield Derbyshire S41 0NA for Mr and Mrs Sharratt CHE/15/00086/TPO Shorten minor lateral branches extending over service road to numbers 48-54 and lateral branches extending over rear garden of 44 of T1 (Ash) at land to the south of 44 Oakfield Avenue Chesterfield Derbyshire for Chesterfield Borough Council CHE/15/00090/TPO Crown lift and thin 2 x Sycamores at 35 Bentham Road Chesterfield Derbyshire S40 4EZ for Mr Marrist CHE/15/00104/FUL Proposed two storey rear flat roof extension including the demolition of the existing rear off shot at 254 Prospect Road PLANNING COMMITTEE 07.04.15 19 Chesterfield Derbyshire S41 9DE for Innes England Limited CHE/15/00105/FUL Changes to the external wall finish at Frankie & Bennies Unit 1 Alma Leisure Park Derby Road Chesterfield Derbyshire S40 2EZ for The Restaurant Group Limited CHE/15/00106/FUL Two storey extension to the side and larger mono pitched lean to extension at ground floor behind together with internal alterations to form large open plan living kitchen, utility, toilet and office at ground floor level and extend existing bedroom together with new en-suite and additional bedroom at first floor level at 39 Westbrook Drive Chesterfield Derbyshire S40 3PQ for Mr and Mrs Slack CHE/15/00167/CA Felling conifer at 13 Old Road Chesterfield Derbyshire S40 2RE for Cathy Warren CHE/15/00182/TPO Oak tree - crown lift to 4 metres and crown thin by 20% to include crown clean due to lack of light and debris at 10 Ians Way Chesterfield Derbyshire S40 4PY for Mrs Mary Peet (b) Discharge of Planning Condition CHE/14/00826/DO Discharge of Condition Nos. 2, 3 and 4 (Drainage) for Planning Application No. CHE/12/00028/FUL – Redevelopment of Manor Syck Farm, including conversion of three barns, refurbishment of existing farmhouse and new build detached farmhouse garage and detached property at Manor Syck Farm 132 Church Street North Chesterfield Derbyshire S41 9QP for Mr Bruce Smith CHE/14/00832/DO Discharge conditions 2 and 4 of CHE/11/00679/FUL proposed change of use to mixed retail use. Extensions and alterations to provide mixed retail use A1, A2, A3, A4, A5 at ground and first floor with ancillary living accommodation at second floor at 128 - 130 Chatsworth Road Chesterfield Derbyshire S40 2AR for Westcliffe Properties CHE/14/00852/DO Discharge condition 3 of CHE/14/00454/FUL re proposed extension to existing machine shop at ABC Castings Whittington Way Chesterfield Derbyshire for Mr Stephen Butler CHE/15/00037/DO Discharge of condition of CHE/14/00601/FUL - Single storey front extension at 97 Barker Lane Chesterfield Derbyshire S40 1EQ for Mrs Angela McGovern PLANNING COMMITTEE 07.04.15 20 (c) Prior approval not required CHE/14/00843/TPD Proposed single storey porch to rear of dwelling at 38 Ashcroft Drive Chesterfield Derbyshire S41 9PD for Mr Baker CHE/15/00097/TPD Single storey extension with flat roof at 4 Rockingham Close Chesterfield Derbyshire S40 1JE for Mr F Barlow CHE/15/00122/TPD Rear single storey extension at 184 Peveril Road Chesterfield Derbyshire S41 8SH for Mr David McElvaney CHE/15/00150/TPD Single storey extension to the rear elevation to provide additional kitchen/dining space at 130 Peveril Road Chesterfield Derbyshire S41 8SG for Mr M Goodwin (d) Other council no objection with comments CHE/15/00043/CP Replacement of 2 classroom modular building with office, disabled access wc, store and plant rooms and demolition of existing at Hasland Hall Community School Broomfield Avenue Chesterfield Derbyshire S41 0LP for Derbyshire County Council CHE/15/00132/CP Tarmac/asphalt recycling plant and ancillary temporary building with 2 metre perimeter fence at land at Foxwood Road Chesterfield Derbyshire for Mr Adam Taylor (e) Environmental Impact Assessment not required CHE/15/00129/EIA 129 Residential development at land between Worksop Road and Woodthorpe Road Chesterfield Derbyshire for Chatsworth Settlement Trustees APPLICATIONS TO FELL OR PRUNE TREES (P620D) *The Group Leader, Development Management reported that pursuant to the powers delegated to him he had determined the under-mentioned applications in respect of:(a) The felling and pruning of trees:CHE/15/00036/TPO Consent granted to the pruning of one Alder tree reference T1 and one Ash tree reference T2 on the Order for Mr Ramsden of 5 Lillymede Close, Chesterfield. PLANNING COMMITTEE 07.04.15 21 CHE/15/00182/TPO Consent granted to the pruning of one Oak tree reference T1 on the Order for Mrs Peet of 30 Pont Croix, Mellionnec, France on behalf of her Mother at 10 Ians Way, Ashgate, Chesterfield. CHE/15/00086/TPO Consent granted to the pruning of one Ash tree reference T1 on the Order for William Thornhill on behalf of Chesterfield Borough Council. CHE/15/00090/TPO Consent granted to the pruning of two Sycamore trees reference T10 and T11 on the Order map for Clip’em and Fell’em on behalf of Mr Marrist of 35 Bentham Road, Newbold, Chesterfield. (b) Notification of Intent to Affect Trees in a Conservation Area CHE/15/00167/CA The felling of one Conifer tree to the frontage of 13 Old Road, Brampton, Chesterfield. Agreement to the felling of one Conifer tree. The felling of the tree will have no adverse effect on the Conservation Area. The tree is within the Chatsworth Road Conservation Area and the applicant wishes to remove the tree because it is pushing the front retaining wall over into the highway. 130 APPEALS REPORT (P000) The Group Leader, Development Management reported on the current position in respect of appeals which had been received. *RESOLVED – That the report be noted. 131 ENFORCEMENT REPORT (P410) The Local Government and Regulatory Law Manager and the Group Leader, Development Management submitted a joint report on the current position regarding enforcement action which had been authorised by the Council. *RESOLVED – That the report be noted. PLANNING COMMITTEE 07.04.15 22
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