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PLANNING COMMITTEE

Monday, 22nd February, 2016

Present:-

Councillor Brittain (Chair)

Councillors J Barr

P Barr Callan Catt Caulfield Davenport Dickinson

Councillors Elliott Hill Miles A Murphy Simmons Wall

*Matters dealt with under the Delegation Scheme The following site visits took place immediately before the meeting and attended by the following Members:- CHE/15/00611/FUL - Erection of a residential care home with car parking and associated landscaping and tree planting (revised information received 27/01/2016 and site investigation report received 11/02/2016) at the former Walton P.H., 59 St Augustines Road, Chesterfield. Councillors J Barr, P Barr, Brittain, Callan, Catt, Caulfield, Dickinson, Davenport, Elliott, Hill, Miles, A Murphy, Simmons and Wall. CHE/15/00751/COU – Change of use from B1 to A5 hot food takeaway at 1C Wharf Lane, Staveley, Chesterfield. Councillors J Barr, P Barr, Brittain, Callan, Catt, Caulfield, Dickinson, Davenport, Elliott, Hill, Miles, A Murphy, Simmons and Wall. CHE/15/00755/OUT - Outline application for residential development on land to the west of Bevan Drive, Inkersall, Chesterfield. Councillors J Barr, P Barr, Brittain, Callan, Catt, Caulfield, Dickinson, Davenport, Elliott, Hill, Miles, A Murphy, Simmons and Wall.

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CHE/15/00796/OUT – Proposed demolition of existing garage and erection of new single storey bungalow for dependent relative at 131A Station Road, Brimington, Chesterfield. Councillors J Barr, P Barr, Bellamy (ward member), Brittain, Callan, Catt, Caulfield, Dickinson, Davenport, Elliott, Hill, Miles, A Murphy, Simmons and Wall. CHE/15/00818/FUL – Erection of 2.no three bedroom bungalows including double garage on garden to rear of 68 Dunston Road, Chesterfield. Councillors J Barr, P Barr, Brittain, Callan, Catt, Caulfield, Dickinson, Davenport, Elliott, Hill, Miles, A Murphy, Simmons and Wall. CHE/15/00664/FUL – Change of use of 197, from part of the retail unit at 195, to takeaway and associated alterations to the shop front. Installation of glazing to former doorway to side and installation of an extract flue (shop at 195 Old Hall Road is to be retained) at 197 Old Hall Road, Chesterfield. Councillors J Barr, P Barr, Brittain, Callan, Catt, Caulfield, Dickinson, Davenport, Elliott, Hill, Miles, A Murphy, Simmons and Wall.

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APOLOGIES FOR ABSENCE Apologies were received from Councillor T Gilby.

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DECLARATIONS OF MEMBERS' AND OFFICERS' INTERESTS RELATING TO ITEMS ON THE AGENDA Councillor Elliott declared an interest in agenda item 4, item3 (CHE/15/00755/OUT - outline application for residential development on land to the west of Bevan Drive, Inkersall), as as local ward member she had publically declared her opposition to the application and would be speaking as an objector at the committee meeting. Councillor Brittain declared an interest in agenda item 4, item 6 (CHE/15/00611/FUL - Erection of a residential care home at the former Walton P.H., 59 St Augustines Road, Chesterfield), as as local ward member he had publically declared his opposition to the application.

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MINUTES OF PLANNING COMMITTEE RESOLVED - That the minutes of the meeting of the Planning Committee held on 1 February, 2016 be signed by the Chair as a true record.

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APPLICATIONS FOR PLANNING PERMISSION - PLANS DETERMINED BY THE COMMITTEE *The Committee considered the under-mentioned applications in light of reports by the Group Leader, Development Management and resolved as follows:- CHE/15/00755/OUT - OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT ON LAND TO THE WEST OF BEVAN DRIVE, INKERSALL, CHESTERFIELD. In accordance with Minute No.299 (2001/02) Councillor Helen Elliott (ward member and objector), Mr Michael Lane (objector) and Mr Richard Pigott of Planning Design Practice Ltd.(consultant for the applicant), addressed the meeting. After addressing the meeting Councillor Elliott, who had declared an interest in this item left the room and took no part in the subsequent discussion and vote. That the officer recommendation be upheld and the application be approved subject to the following conditions:- Time Limit etc.

A. 1. Approval of the details of the layout, scale and external appearance of the building(s), the means of access and 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 matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

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3. The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. Drainage 4. No development shall take place until details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved in writing by the Local Planning Authority. 5. No development shall take place until a detailed design and associated management and maintenance plan of surface water drainage for the site, in accordance with DEFRA’s Non-statutory technical standards for sustainable drainage systems (March 2015), has been submitted to and approved in writing by the Local Planning Authority. The approved drainage system shall be implemented in accordance with the approved detailed design prior to the use of the building commencing. 6. No development shall take place until a detailed assessment has been provided to and approved in writing by the Local Planning Authority to demonstrate that the proposed destination for surface water accords with the hierarchy in Approved Document Part H of the Building Regulations 2000. 7. No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved by the local planning authority before development commences. 8. Unless otherwise approved in writing by the local planning authority, no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works. 9. Unless otherwise approved in writing by the local planning authority, no construction of buildings or other structures shall take place until measures to divert or otherwise formally close the sewers that are laid within the site have been implemented in accordance with details that have been submitted to and approved by the Local Planning Authority.

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10. The site shall be developed with separate systems of drainage for foul and surface water on and off site. Site Investigations 11. Development shall not commence until intrusive site investigations have been carried out by the developer to establish the exact situation regarding coal mining legacy issues on the site and approval for commencement of development given in writing by the Local Planning Authority. The investigation and conclusions shall include any remedial works and mitigation measures required/proposed for the stability of the site. Only those details which receive the written approval of the Local Planning Authority shall be carried out on site. Ecology 12. No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following. a) Risk assessment of potentially damaging construction activities. b) Identification of “biodiversity protection zones”. c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements). i. A set of reasonable avoidance measures for reptiles should be included. d) The location and timing of sensitive works to avoid harm to biodiversity features. e) The times during construction when specialist ecologists need to be present on site to oversee works. f) Responsible persons and lines of communication. g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

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h) Use of protective fences, exclusion barriers and warning signs. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. 13. A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the Local Planning Authority prior to the commencement of the development. The content of the LEMP shall include the following. a) Description and evaluation of features to be protected, enhanced, created and/or managed. i. Hedgerows ii. Woodland iii. Creation of flower rich grassland/marsh/willow scrub within the buffer along the western boundary. b) Ecological trends and constraints on site that might influence management. c) Aims and objectives of management. d) Appropriate management options for achieving aims and objectives. e) Prescriptions for management actions. f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period). g) Details of the body or organization responsible for implementation of the plan. h) Ongoing monitoring and remedial measures. The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery for a period of no less than 10 years.

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The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The scheme shall include a timetable for implementation relative to the completion of dwellings hereby approved. Thereafter the approved ecological mitigation, compensation and enhancement scheme shall be implemented in full in accordance with the approved timetable and retained as such thereafter. The approved plan will be implemented in accordance with the approved details. 14. There shall be no removal of hedgerows, trees, shrubs, brambles or ground clearance take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of the area for active birds’ nests immediately before the work is commenced. Provided that the ecologist is satisfied that no birds will be harmed, and/or that there are appropriate measures in place to protect nesting bird interest on site and the Local Planning Authority receive written confirmation of such (which shall subsequently need to be approved in writing), works will thereafter be permitted to take place in accordance with any protection measures recommended without restriction. 15. Development shall not commence until a bat mitigation strategy has been prepared, submitted to and approved in writing by the Local Planning Authority. The works shall only be carried out on site in strict accordance with the approved strategy. Highways 16. Before any other operations are commenced, a detailed scheme showing the proposed new junction and mitigation works to Bevan Drive shall be submitted to the Local Planning Authority for written approval, including exit visibility splays in either direction, laid out and constructed in accordance with the approved designs, the area in advance of the sightlines being levelled, forming part of the new street, constructed as footway and not forming part of any plot or other sub-division of the site.

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For the avoidance of doubt the developer will be required to enter into a 1980 Highways Act S278 Agreement with the Highway Authority in order to comply with the requirements of this Condition. 17. No development shall take place including any works of demolition until a construction management plan or construction method statement has been submitted to and been approved in writing by the Local Planning Authority. The approved plan/statement shall be adhered to throughout the construction period. The statement shall provide for: - Parking of vehicles of site operatives and visitors - routes for construction traffic - hours of operation - method of prevention of debris being carried onto highway - pedestrian and cyclist protection - proposed temporary traffic restrictions - arrangements for turning vehicles 18. Notwithstanding the submitted information, a subsequent reserved matters or full application shall include design of the internal layout of the site in accordance with the recommendations contained in the Highway Authority’s 6C’s Design Guide. 19. No development shall take place until construction details of the residential estate roads and footways (including layout, levels, gradients, surfacing and means of surface water drainage) have been submitted to and approved in writing by the Local Planning Authority. 20. The carriageways of the proposed estate roads shall be constructed in accordance with Conditions 3 and 4 above up to and including at least road base level, prior to the commencement of the erection of any dwelling intended to take access from the roads. The carriageways and footways shall be constructed up to and including base course surfacing to ensure that each dwelling prior to occupation has a properly consolidated and surfaced carriageway and footway, between the dwelling and the existing highway. Until final surfacing is completed, the footway base course shall be provided in a manner to avoid any upstands to gullies, covers, kerbs or other such obstructions within or abutting the footway. The carriageways, footways and footpaths in front of each dwelling shall be completed with final surface course within twelve months (or three months in the case of a shared surface road) from the occupation of such dwelling, unless otherwise agreed in writing by the

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Local Planning Authority. 21. Before any other operations are commenced with respect to any proposed dwelling served directly from Bevan Drive, a new vehicular access shall be formed to the public highway and provided with visibility sightlines extending from a point 2.4 metres from the carriageway edge, measured along the centreline of the access, for a distance of 43 metres in each direction measured along the nearside carriageway edge in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority. The area in advance of the visibility sightlines shall be retained throughout the life of the development free of any object greater than 1m in height (0.6m in the case of vegetation) relative to adjoining nearside carriageway channel level. 22. The premises, the subject of the application, shall not be occupied until space has been provided within the site curtilage for the parking/loading and unloading/manoeuvring of residents/visitors/service and delivery vehicles, located, designed, laid out and constructed all as agreed in writing with the Local Planning Authority. 23. The car parking spaces to be provided shall be kept available for the parking of motor vehicles at all times. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and/or re-enacting that Order) the garages/car parking spaces hereby permitted shall be retained as such and shall not be used for any purpose other than the parking of private motor vehicles associated with the residential occupation of the properties without the grant of further specific planning permission from the Local Planning Authority. 24. The development hereby permitted shall not be commenced until details of secure cycle parking facilities for the occupants of, and visitors to, the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be fully implemented and made available for use prior to the occupation of the development hereby permitted and shall thereafter be retained for use at all times. 25. There shall be no gates or other barriers within 6.0m of the nearside rear of footway/margin and any gates shall open inwards only, unless otherwise agreed in writing by the Local Planning Authority.

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26. The proposed access driveways/parking spaces to the new estate streets shall be no steeper than 1 in 14 for the first 6.0m from the nearside rear of footway/margin and 1 in 10 thereafter. 27. No part of the development shall be occupied until details of arrangements for storage of bins and collection of waste have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the agreed details and the facilities retained for the designated purposes at all times thereafter. 28. Prior to the commencement of the development details shall be submitted to and approved in writing by the Local Planning Authority showing the means to prevent the discharge of water from the development onto the highway. The approved scheme shall be undertaken and completed prior to the first use of the access and retained as such thereafter. 29. No building hereby permitted shall be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the Local Planning Authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in Annex F of PPS25 (or any subsequent version), and the results of the assessment provided to the Local Planning Authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: i. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii. include a timetable for its implementation; and iii. provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. 30. No building or use hereby permitted shall be occupied until a Travel

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Plan comprising immediate, continuing and long-term measures to promote and encourage alternatives to single-occupancy car use has been prepared, submitted to and been approved in writing by the Local Planning Authority. The approved Travel Plan shall then be implemented, monitored and reviewed in accordance with the agreed Travel Plan Targets. 31. No development shall be commenced until details of the proposed arrangements for future management and maintenance of the proposed streets within the development have been submitted to and approved by the Local Planning Authority. The streets shall thereafter be maintained in accordance with the approved management and maintenance details until such time as an Agreement has been entered into under Section 38 of the Highways Act 1980 or a private management and maintenance company has been established. Trees 32. Prior to the commencement of works Root Protection Areas (RPAs) shall be established and protective fencing conforming to BS 5837 ‘Trees in Relation to Design, demolition and construction - Recommendations’ 2012 shall be erected to all hedgerows and trees which are legally protected or identified for retention. Within these areas there shall be no excavation work and no storage of building materials or plant/machinery. The protective fencing shall remain in situ during site clearance and throughout the life the construction phases. Any works to take place within the defined RPAs shall be by means of an approved above ground construction method only which shall first have been approved in writing by the Local Planning Authority. Others 33. 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. 34. The development hereby approved shall include the provision of appropriate infrastructure to enable the dwellings to have high speed broadband, in accordance with details to be submitted to, and approved in writing, by the Local Planning Authority.

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35. 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. 36. 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. 37. A.Development shall not commence until details as specified in this condition have been submitted to the Local Planning Authority for consideration and those details, or any amendments to those details as may be required, have received the written approval of the Local Planning Authority.

I. A desktop study/Phase 1 report documenting the previous land use history of the site. II. A site investigation/Phase 2 report where the previous use of the site indicates contaminative use(s). The site investigation/Phase 2 report shall document the ground conditions of the site. The site investigation shall establish the full extent, depth and cross-section, nature and composition of 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 for approval. Any approved proposals shall thereafter form part of the Remediation Method Statement.

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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. B. 1. That a S106 agreement be negotiated and signed (para. 5.10.3 above) concurrent with the planning permission and dealing with:

Negotiations for up to a 30% Affordable Housing.

Negotiations up to 1% of the overall development cost for a Percent For Art scheme

The management and maintenance of any on site green open space and SuDS infrastructure.

A contribution to fund a contribution of £120,233.19 toward 7 no. secondary pupil places at the Springwell Community College. 2. That a Tree Preservation Order be served to protect the trees on site in accordance with the Tree Officers recommendations contained in para. 5.7.5 above. CHE/15/00611/FUL - ERECTION OF A RESIDENTIAL CARE HOME WITH CAR PARKING AND ASSOCIATED LANDSCAPING AND TREE PLANTING (REVISED INFORMATION RECEIVED 27/01/2016 AND SITE INVESTIGATION REPORT RECEIVED 11/02/2016) AT THE FORMER WALTON PH, 59 ST AUGUSTINES ROAD, CHESTERFIELD, DERBYSHIRE. Councillor Elliott re-joined the meeting at this point. Councillor Brittain who had declared an interest in this item, vacated the Chair, left the room and took no part in the subsequent discussion and vote. Councillor Hill then took the Chair for this item.

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In accordance with Minute No.299 (2001/02) Councillor Jenny Flood (ward member and objector) and Mr Philip Moore of Cordonier Architects (on behalf of the applicant), addressed the meeting. That the officer recommendation be upheld and the application be approved subject to the following conditions:- A. Time Limit etc

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, 15.22 PL02, E01 Rev B, V01 Rev A, E02 Rev B, SE02, SP01 Rev C, and SE03, with the exception of any approved non material amendment. Drainage 3. No development shall take place until details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved in writing by the Local Planning Authority. 4. No development shall take place until a detailed design and associated management and maintenance plan of surface water drainage for the site, in accordance with DEFRA’s Non-statutory technical standards for sustainable drainage systems (March 2015), has been submitted to and approved in writing by the Local Planning Authority. The approved drainage system shall be implemented in accordance with the approved detailed design prior to the use of the building commencing. 5. No development shall take place until a detailed assessment has been provided to and approved in writing by the Local Planning Authority to demonstrate that the proposed destination for surface water accords with the hierarchy in Approved Document Part H of the Building Regulations 2000. 6. No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved by the local planning authority before development commences.

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Unless otherwise approved in writing by the local planning authority, no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works. Archaeology 7. No development shall take place until a written scheme of investigation (WSI) for archaeological work has been submitted to and approved by the local planning authority in writing. For land that is included within the WSI, no development shall take place other than in accordance with the agreed WSI, which shall include the statement of significance and research objectives; and:

The programme and methodology of site investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works.

The programme for post-investigation assessment and subsequent analysis, publication & dissemination and deposition of resulting material. This part of the condition shall not be discharged until these elements have been fulfilled in accordance with the programme set out in the WSI.

Site Investigations 8. Development shall not commence until intrusive site investigations have been carried out by the developer to establish the exact situation regarding coal mining legacy issues on the site and approval for commencement of development given in writing by the Local Planning Authority. The investigation and conclusions shall include any remedial works and mitigation measures required/proposed for the stability of the site. Only those details which receive the written approval of the Local Planning Authority shall be carried out on site. Ecology 9. A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the Local Planning Authority prior to the commencement of the development.

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The LEMP shall a include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery for a period of no less than 10 years. The scheme shall include a timetable for implementation relative to the completion of dwellings hereby approved. Thereafter the approved ecological mitigation, compensation and enhancement scheme shall be implemented in full in accordance with the approved timetable and retained as such thereafter. The approved plan will be implemented in accordance with the approved details. 10. There shall be no removal of hedgerows, trees, shrubs, brambles or ground clearance take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of the area for active birds’ nests immediately before the work is commenced. Provided that the ecologist is satisfied that no birds will be harmed, and/or that there are appropriate measures in place to protect nesting bird interest on site and the Local Planning Authority receive written confirmation of such (which shall subsequently need to be approved in writing), works will thereafter be permitted to take place in accordance with any protection measures recommended without restriction. Highways 11. 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. 12. No part of the development hereby approved shall be occupied until space has been laid out within the site in accordance with the approved plan for cars to be parked and for vehicles to be manoeuvred such that they may enter and leave the site in forward gear. Thereafter all spaces

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and dedicated manoeuvring areas shall be maintained free from any impediment to their designated use in perpetuity. 13. No building or use hereby permitted shall be occupied until a Travel Plan comprising immediate, continuing and long-term measures to promote and encourage alternatives to single-occupancy car use has been prepared, submitted to and been approved in writing by the Local Planning Authority. The approved Travel Plan shall then be implemented, monitored and reviewed in accordance with the agreed Travel Plan Targets. Other 14. 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. 15. 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. 16. 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. 17. Consent hereby approved does not extend to the window openings positioned in the western elevation at first floor and second floor level where they would serve room numbers 12 – 17 on each floor. Prior to commencement of development revised details shall be submitted demonstrating how overlooking from these proposed window openings shall be managed such that direct views onto the adjacent neighbouring property (No 61 St Augustines Road) cannot be ascertained. This may include the use of obscure glazing and/or oriel style windows. Only those details which receive written approval by the Local Planning Authority shall be implemented on site in accordance with the approved scheme and shall thereafter be maintained as approved in perpetuity.

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18. Prior to installation, a detailed scheme comprising of any external lighting installations (columns, floodlighting, bollards etc) and CCTV shall be submitted to the Local Planning Authority for consideration. Only those details which receive subsequent approval in writing shall be implemented on site. 19. Upon commencement of works details of a scheme of hard and/or soft landscaping shall be submitted to the Local Planning Authority for written approval. Only the scheme which is subsequently approved in writing shall be implemented on site prior to the first operation of the development hereby approved and shall thereafter be maintained throughout the life of the development. 20. Prior to the commencement of works Root Protection Areas (RPAs) shall be established and protective fencing conforming to BS 5837 ‘Trees in Relation to Design, demolition and construction - Recommendations’ 2012 shall be erected to all hedgerows and trees which are legally protected or identified for retention. Within these areas there shall be no excavation work and no storage of building materials or plant/machinery. The protective fencing shall remain in situ during site clearance and throughout the life the construction phases. Any works to take place within the defined RPAs shall be by means of an approved above ground construction method only which shall first have been approved in writing by the Local Planning Authority. B. That a S106 agreement be negotiated and signed concurrent with the planning permission dealing with:

Negotiations up to 1% of the overall development cost for a Percent for Art scheme.

CHE/15/00751/COU - CHANGE OF USE OF FROM B1 to A5 HOT FOOD TAKEAWAY AT 1C WHARF LANE, STAVELEY, CHESTERFIELD, DERBYSHIRE. Councillor Brittain re-joined the meeting and re-took the Chair from Councillor Hill. Councillor Elliott left the meeting and did not take part in the discussion or vote on this, or any of the subsequent applications to be considered at the meeting.

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In accordance with Minute No.299 (2001/02) Ms Tracy Mellish (objector), addressed the meeting. That the officer recommendation be upheld and the application be refused for the following reasons:- 1. In the opinion of the Local Planning Authority it is considered that the proposal for hot food takeaway would be likely to increase demand for on-street parking where there is already considerable competition and lead to vehicles performing awkward manoeuvres within a classified highway in the vicinity of a junction to the detriment to highway safety. The proposal would also increase the likelihood of vehicles waiting, or being parked, on sections of the carriageway and pavement that are currently subject to double yellow line parking restrictions, again, a situation considered prejudicial to safe operation of the highway. The proposal therefore fails to accord with the requirements of Policy CS18 (g) of the Local Plan: Core Strategy, which expects developments to provide adequate and safe vehicle access and parking. 2. In the opinion of the Local Planning Authority it is considered that the submission provides inadequate detail regarding fume and odour extraction for an assessment to be made on the likely impacts of the proposed use on the amenity of the neighbouring residential properties. The proposal therefore fails to accord with the requirements of Policy CS18 (k) of the Local Plan: Core Strategy, which expects proposals to have an acceptable impact on the amenity of neighbours. CHE/15/00664/FUL - CHANGE OF USE OF 197, FROM PART OF THE RETAIL UNIT AT 195, TO A TAKEAWAY, AND ASSOCIATED ALTERATIONS TO THE SHOP FRONT, INSTALLATION OF GLAZING TO FORMER DOORWAY TO SIDE AND INSTALLATION OF AN EXTRACT FLUE (SHOP AT 195 OLD HALL ROAD IS TO BE RETAINED) AT 197 OLD HALL ROAD, CHESTERFIELD, DERBYSHIRE. Councillor Simmons left the meeting and did not take part in the discussion or vote on this, or any of the subsequent applications to be considered at the meeting. In accordance with Minute No.299 (2001/02) Ms Charlotte Stainton of John Church Planning(consultant for the applicant) and Mr Sunny Varsani (the applicant), addressed the meeting.

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That the officer recommendation be overruled and the application be approved unconditionally. The committee members make the request that the applicant should display a notice in the shop requesting customers to park with consideration for others when visiting the shop. CHE/15/00818/FUL - ERECTION OF 2 NO. THREE BEDROOM BUNGALOWS INCLUDING DOUBLE GARAGE ON GARDEN TO THE REAR OF 68 DUNSTON ROAD, CHESTERFIELD, DERBYSHIRE. Councillors A Murphy, J Barr, P Barr and Callan left the meeting and did not take part in the discussion or vote on this, or the subsequent application to be considered at 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 15102-MAD-DR-A-021-1000 Rev 01 and 1001 Rev 01, 15102-MAD-DR-A-020-1000 Rev 04 15102-MAD-DR-A-020-1001 Rev 01 15102-MAD-DR-A-000-0020 Rev 03 with the exception of any approved non material amendment. 3. No development shall take place until details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved in writing by the Local Planning Authority. The site shall be developed with separate systems of drainage for foul and surface water on and off site. 4. There shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use

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prior to completion of the approved foul drainage works. 5. Development shall not commence until intrusive site investigations have been carried out by the developer to establish the exact situation regarding coal mining legacy issues on the site and approval for commencement of development given in writing by the Local Planning Authority. The investigation and conclusions shall include any remedial works and mitigation measures required/proposed for the stability of the site. Only those details which receive the written approval of the Local Planning Authority shall be carried out on site. 6. 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. 7. The premises, the subject of the application, shall not be occupied until the new access has been formed in accordance with the approved plans. The area in advance of the splayed gated access into the site shall be maintained in perpetuity clear of all obstructions greater than 1m in height (600mm in the case of vegetation) relative to the adjoining nearside carriageway channel level. 8. 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. 9. 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. 10. Within 2 months of commencement of development full details of both hard and soft landscape works shall be submitted to the Local Planning Authority. These details shall include proposed finished levels or contours; fences, walls or other means of enclosure; car parking layouts;

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other vehicle and pedestrian access and hard surfacing materials. Only those details which receive written approval shall be implemented on site, prior to occupation of the dwelling hereby approved. 11. The premises, the subject of the application, shall not be occupied until space has been provided within the application site in accordance with the approved application drawings for the parking and manoeuvring of vehicles, laid out, surfaced and maintained throughout the life of the development free from any impediment to its designated use.

12. Notwithstanding the provision of the Town and Country Planning (General Permitted) Development Order 1995 (as amended) there shall be no extensions, outbuildings or garages constructed (other than garden sheds or greenhouses of a volume less than 10 cubic metre) or additional windows erected or installed at or in the dwelling hereby approved without the prior written agreement of the Local Planning Authority. CHE/15/00796/FUL - PROPOSED DEMOLITION OF EXISTING GARAGE AND ERECTION OF NEW SINGLE STOREY BUNGALOW FOR DEPENDANT RELATIVE AT 131A STATION ROAD, BRIMINGTON, CHESTERFIELD DERBYSHIRE. 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, drawing nos. 15-542-10 rev A and 15-542-15 rev A, with the exception of any approved non material amendment. 3. 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. 4. 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.

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5. Notwithstanding the provision of the Town and Country Planning (General Permitted) Development Order 1995 (as amended) there shall be no extensions, outbuildings or garages constructed (other than garden sheds or greenhouses of a volume less than 10 cubic metre) or additional windows erected or installed at or in the dwelling hereby approved without the prior written agreement of the Local Planning Authority. 6. The self-contained accommodation permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling on the application site, presently known as 131A Station Road in that it shall:

only be occupied by persons with a familial link or demonstrable relationship to the occupants of the main dwelling;

not be identified or addressed as a separate postal address;

not be occupied in the event the main dwelling is unoccupied; and

not be occupied under any form of contract.

110

BUILDING REGULATIONS (P880D)

*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 16/00128/DEX Domestic Extensions/Alterations - Extension to rear

of bungalow at 104 Peveril Road Newbold Chesterfield Derbyshire S41 8SG

15/02058/MUL Multiple Domestic - 2 Storey side extension; new windows and internal alterations at 29 Chesterfield Road Brimington Chesterfield Derbyshire S43 1AB

16/00004/DEX Domestic Extensions/Alterations - Single storey extension to side and rear of kitchen at 14 Ashgate Valley Road Chesterfield Derbyshire S40 4AX

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16/00072/DEX Domestic Extensions/Alterations - New en suite, garage conversion and openings at 12 Kennet Vale Chesterfield Derbyshire S40 4EW

16/00170/DEX Domestic Extensions/Alterations - Single storey front extension at 44 Langhurst Road Brockwell Chesterfield Derbyshire S40 4BD

16/00211/DEX Domestic Extensions/Alterations - Single storey rear extension and re-roof of existing flat roof garage at 255 Chesterfield Road Staveley Chesterfield Derbyshire S43 3SA

16/00173/OTHD Other Works (Domestic) - Internal alterations and raise roof to existing rear single storey extension at 130 Walton Road Walton Chesterfield Derbyshire S40 3BU

16/00177/DEX Domestic Extensions/Alterations - Extension at 27 Windsor Walk Hasland Chesterfield Derbyshire S41 0BQ

15/01987/DEX Domestic Extensions/Alterations - Garage and rear extension at 86 Hady Crescent Chesterfield Derbyshire S41 0EA

16/00162/DEX Domestic Extensions/Alterations - Single storey side extension at Newbold Fields Cottage 30 Dunston Road Chesterfield Derbyshire S41 9RW

16/00100/DIS Disabled Work - Enlarge existing living room

window and fit French door and side panel at 3 Emmet Field Close Grangewood Chesterfield Derbyshire S40 2UH

(b) Refusal 15/02041/DEX

Domestic Extensions/Alterations - Single storey extension and alterations at 72 Vincent Crescent Chesterfield Derbyshire S40 3NP

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111

APPLICATIONS FOR PLANNING PERMISSION - PLANS DETERMINED BY THE DEVELOPMENT MANAGEMENT AND CONSERVATION MANAGER (P140D) *The Development Management and Conservation Manager reported that pursuant to the authority delegated to him, he had determined the under-mentioned applications subject to the necessary conditions:-

(a) Approvals CHE/14/00882/LBC Listed Building Consent for replacement of existing

light fitting and wall bracket outside the members’ room exit door at Chesterfield Borough Council Town Hall Rose Hill Chesterfield Derbyshire S40 1LP for Chesterfield Borough Council

CHE/15/00137/FUL Proposed demolition of existing garage and the building of a new first floor bedroom with parking under and new garage and garden room single storey with pitched roof (Revised plans received 25th at 35 Mansfeldt Road Chesterfield Derbyshire S41 7BW for Mr Matthew Lane

CHE/15/00243/FUL Detached dwelling for own occupancy at land to rear of 4 Roecar Close Chesterfield Derbyshire for Mr and Mrs S Dolby

CHE/15/00335/FUL Construction of a retaining wall of a maximum height of 36 inches (880 mm) to the rear and side boundaries of the plot. Infill with appropriate soil to create a level area. Relocation of existing 1.85 metre CBF boundary fence to the new ground level atop the retaining wall at 37 Steeple Grange Chesterfield Derbyshire S41 0HU for Mr Dominic Stevens

CHE/15/00482/CO Change of use from Class D1 (non-residential residence) to Class C2 (residential residence) at Ash Lodge 73 Old Road Chesterfield Derbyshire S40 2QY for Mrs Anne Lunn

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CHE/15/00550/FUL Replacement of the existing external ATM (as amended by drawings received on 2nd February 2016) at HSBC Bank Market Place Chesterfield Derbyshire S40 1PJ for HSBC Corporate Real Estate

CHE/15/00624/FUL Double storey side extension to form new study/entrance hall and new bedroom with en suite at 25 Manor Road Chesterfield Derbyshire S43 1NG for Mr Lee Ollivant

CHE/15/00724/LBC Erection of replacement signs to the exterior of the building at Royal Oak 1 The Shambles Chesterfield Derbyshire S40 1PX for Enterprise Inns

CHE/15/00725/ADV Erection of replacement signs to the exterior of the building: 1 Hanging sign, 1 Fascia sign, 3 Amenity boards and 2 Lanterns at Royal Oak 1 The Shambles Chesterfield Derbyshire S40 1PX for Enterprise Inns

CHE/15/00729/CO Change of use to Tattoo studio at 9 Theatre Yard Chesterfield Derbyshire S40 1PF for Mr Christopher Oates

CHE/15/00731/ADV 6 illuminated fascia signs and 12 other illuminated and non-illuminated signs at former Tesco Stores Ltd Meltham Lane Chesterfield Derbyshire S41 7LG for Arnold Clark Automobiles Ltd

CHE/15/00740/FUL Side and rear extensions at 193 Langer Lane Chesterfield Derbyshire S40 2JW for Mr and Mrs Allwood

CHE/15/00762/CO Change of use from D1 (doctors surgery) to C2 (residential care home) for people with profound and multiple learning difficulties at The Medical Centre Station Road Chesterfield Derbyshire S43 2PG for Ability Care

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CHE/15/00771/ADV New window vinyl to replace existing at 16 High Street Chesterfield Derbyshire S40 1PS for Vodafone

CHE/15/00774/FUL Demolition of existing garage and kitchen extension. Construction of a detached garage and repairs to front elevation at 662 Chatsworth Road Chesterfield Derbyshire S40 3NU for Mr Adam Lord

CHE/15/00775/FUL Proposed first floor extension at 21 Infirmary Road Chesterfield Derbyshire S41 7NF for Mr Sharif

CHE/15/00789/FUL Provision of fenced bin storage unit at the back of turning head for trade bins that serve 1-6 Keats Road at Keats Road Newbold Derbyshire for Mrs Alison Craig

CHE/15/00797/LBC Listed Building Consent for removal of existing timber windows and replacement with timber Yorkshire sliding windows incorporating slim line heritage double glazing at Church Street North Old Whittington Chesterfield Derbyshire S41 9QN for Mrs Joanna Moffatt

CHE/15/00802/ADV Installation of 46" TVs depicting various Santander advertisements at Abbey National 2 Central Pavement Chesterfield Derbyshire S40 1PQ for Santander plc

CHE/15/00805/FUL Provision of bin store to serve 1-3a Woodlands and 67-69a The Crescent at land between 1 The Woodlands and 69 The Crescent, Lansdowne Road Brimington Chesterfield Derbyshire for Chesterfield Borough Council

CHE/15/00806/TPO T8 Lime tree - fell at 6 Rye Flatt Lane Chesterfield Derbyshire S40 3RU for Mr Kevin Langham

CHE/15/00807/FUL First floor side extension at 19 Carlton Road Birdholme Derbyshire S40 2JQ for Mrs Emma Hunt

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CHE/15/00810/FUL Extension to bedroom, replacement garage and garage store extension at 340 Brimington Road Tapton Derbyshire S41 0TF for Mrs Heidi Peet

CHE/15/00811/FUL Single storey side extension at 12 Creswick Close Walton Chesterfield Derbyshire S40 3PX for Mr Peter Revell

CHE/15/00813/FUL Demolition of part of existing garage and construction of two storey rear extension at 23 Lansdowne Avenue Newbold Chesterfield Derbyshire S41 8PL for Mr Carl Richardson

CHE/15/00814/FUL Proposed two storey extension at 58 Miriam Avenue Somersall Chesterfield Derbyshire S40 3NF for Mr and Mrs Kennan

CHE/15/00820/TPO Crown lifting and ivy removal from 3 trees to improve lighting at 30 High View Close, Chesterfield at Woodland Hady Primary School Hady Lane Hady Derbyshire S41 0DF for Mr James Briggs

CHE/15/00826/FUL Convert existing JCC stores building to air training corps centre, inclusive of drill hall, classrooms, office space, stores, kitchen, IT suite and welfare facilities at Wallis Barracks Boythorpe Road Boythorpe Chesterfield Derbyshire S40 2NH for Bruton Knowles

CHE/15/00830/FUL Erection of ring main unit (RMU) to house equipment associated with supply of power to the development of plot 14 at Markham Employment Growth Zone Markham Lane Duckmanton Chesterfield Derbyshire S44 5HS for Henry Boot Developments Limited

CHE/15/00840/FUL Two storey side extension and rear extension - resubmission of CHE/15/00513/FUL and CHE/15/00821/NMA at 193 Somersall Lane Somersall Chesterfield Derbyshire S40 3NA for Mr Robert Gregory

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(b) Refusals CHE/15/00459/ADV Erection of one free standing advertising hoarding

and erection of one wall mounted advertising hoarding at Lidl Sheffield Road Whittington Moor Chesterfield Derbyshire S41 8LX for Mr James Hanna

CHE/15/00476/FUL Access improvement works which involve the removal of existing steps up into the building and installation of a new external access ramp and stairs within existing public footpath at Lloyds TSB 27 Market Place Chesterfield Derbyshire S40 1PJ for TSB Banking Group plc

CHE/15/00695/HH Request to cut high hedge at 3 Camerory Way Chesterfield Derbyshire S43 2QF for Mrs Betty Fairclough

CHE/15/00799/CO Change of use from ground floor flat to office for property lettings at 19A Devonshire Street Brimington Derbyshire S43 1JQ for Mr Jonathan Rye

(c) Discharge of Planning Condition CHE/15/00785/DO Discharge all planning conditions from application

CHE/15/00433/FUL at 95 Inkersall Green Road Chesterfield Derbyshire S43 3SE for Mr Paul Cole

CHE/16/00049/DO Discharge planning conditions 3, 5 and 7 from application CHE/15/00251/LBC at Chesterfield Borough Council Town Hall Rose Hill Chesterfield Derbyshire S40 1LP for Mr Harry Marshall

(d) Application returned to applicant CHE/15/00788/EIA Mixed use development commercial and residential

at former Walton Works Factory Street Chesterfield Derbyshire S40 2BN for Cerda Planning

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(e) Split decision with conditions CHE/15/00793/TPO Clean oak tree by 10%, raise canopy by 2m and

reduce size by 2m to maintain shape taking 3m off where the lobes stick out at 17 Ramsey Avenue Walton Chesterfield Derbyshire S40 3EF for Heathscapes

(f) PANR CHE/15/00845/TPD Rear extension at 122 Newbridge Lane Old

Whittington Chesterfield Derbyshire S41 9JA for Mr and Mrs Montello

(g) Other Council no objection without comments CHE/16/00010/CP Section 73 application to vary condition 6 of

planning permission CM2/0707/77 (CHE/07/00544/CPO) - Extraction of brick clay, secondary aggregates and incidental coal with stockpiling of brick clay and associated activities at Foxlow Tip and land adjacent Breck Lane Barrow Hill Chesterfield Derbyshire for Phoenix Brick Company Ltd

112

APPLICATIONS TO FELL OR PRUNE TREES (P620D) *The Development Management and Conservation Manager reported that pursuant to the powers delegated to him he had determined the under-mentioned applications in respect of the felling and pruning of trees:-

CHE/15/00815/TPO

Consent is granted to the pruning of one Beech tree reference T1 on the Order map for Mrs Maggie Canning White of 2 Hady Lane, Hady, Chesterfield.

CHE/15/00794/TPO

Consent is granted to the pruning of 11 trees within A2 on the Order map for Heathscapes on behalf of Mrs Smith of 97 High Street, Old Whittington, Chesterfield.

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CHE/15/00798/TPO

Consent is refused to the pruning of 1 Oak tree within G3 on the Order map for Heathscapes on behalf of Mr Hempsey of Longlands, The Dell, Ashgate, Chesterfield.

CHE/15/00793/TPO

Consent is refused to the pruning of 1 Oak tree reference T1 on the Order map for Heathscapes on behalf of Mr Drury of 5 Hazelmeres, Walton, Chesterfield.

CHE/15/00800/TPO

Consent is granted to the pruning of overgrown hedgerow reference G1 on the Order map for Ground Control on behalf of Affinity Sutton at Green Farm Close, Loundsley Green, Chesterfield.

CHE/15/00806/TPO

Consent is granted to the felling of one Lime tree reference T8 on the Order map for Mr Langham of 6 Rye Flatt Lane, Brampton, Chesterfield. The replacement tree is to be one Small Leaved Lime tree and planted as near as is reasonably practicable to the position of the original tree or other agreed alternative.

CHE/15/00820/TPO

Consent is granted to the pruning of 3 Sycamore trees within W1 Hady Wood on the Oder map for Mr Briggs of 30 High View Close, Hady, Chesterfield.

CHE/16/00066/TPO

Consent is granted to the pruning of one Sycamore tree in the highway grass verge at the gateway entrance to the derelict Brookside Farm off Chesterfield Road on the Oder map for Barhale Construction on behalf of Yorkshire Water.

CHE/15/00817/TPO

Consent is refused to the felling of one London Plane tree reference T4 on the order map for Mr Moore of 1 Fenland Way, Chesterfield.

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113

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.

114

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.