PLANNING COMMITTEE 07.04.15
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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
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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
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*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
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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.
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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,
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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.
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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
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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,
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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
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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.
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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.
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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
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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
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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