1 PLANNING COMMITTEE Monday

PLANNING 23.1.06 1

PLANNING COMMITTEE

Monday, 23rd January, 2006

Present -

Councillor Beckingham (Chair)

Councillor Barr J Councillor Fields Barr P Gilby Brittain Kitch Dunks Openshaw

*Matters dealt with under the Delegation Scheme

Site visits had taken place immediately before the meeting and had been attended by the following Members:

1. CHE/05/00470/FUL – Extension of Ravenside Retail Park to create new Class A1 Retail Floorspace, including associated car parking, landscaping and new access arrangements at extension to Ravenside Retail Park, Park Road, Chesterfield, Derbyshire for Ravenside Investments Limited

Councillors J. Barr, P. Barr, Beckingham, Brittain, Dunks, Fields, Kitch, Openshaw

2. CHE/05/00808/FUL – Erection of two dwellings with double garages on land to the rear of 113A The Green, Chesterfield for Mr. and Mr. Williamson

Councillors J. Barr, P. Barr, Beckingham, Brittain, Dunks, Fields, Kitch, Openshaw

3. CHE/05/00771/FUL – Barn Conversion Three Units at Manor House Farm, 118 The Green, Chesterfield for Mr. F. Sissons and CHE/05/00802/LBC – Variation of Conditions Imposed on previously approved Application Number CHE/1199/0645 Conditions 2 and 4 at Land adjacent to Manor House Farm, 118 The Green, Chesterfield for Mr. F. Sissons

Councillors J. Barr, P. Barr, Beckingham, Brittain, Dunks, Fields, Kitch, Openshaw

4. CHE/05/00788/COU – Change of Use of Retail Premises only to Taxi Booking Office and review the number of parking spaces at 1 Church Street for Club Taxis

Councillors J. Barr, P. Barr, Beckingham, Brittain, Dunks, Fields, Kitch, Openshaw

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5. CHE/05/00783/REM – Erection of 29 Dwellinghouses on land at junction with Elm Street and Station Road, Hollingwood, Chesterfield for Orchid Properties Limited, revised by letter on 6th December, 2005

Councillors J. Barr, P. Barr, Beckingham, Brittain, Dunks, Fields, Gilby, Kitch, Mann, Openshaw.

6. CHE/05/00796/FUL – Residential Development of 5 dwellings at land to rear of 1, 3, 5 and 7 Birch Lane, Chesterfield for Orchid Properties

Councillors J. Barr, P. Barr, Beckingham, Brittain, Dunks, Fields, Gilby, Kitch, Mann, Openshaw.

7. CHE/05/00789/FUL – One Dwelling on land adjacent to Oscar Court Flats, Cross London Street, Chesterfield for W. Heard

Councillors J. Barr, P. Barr, Beckingham, Brittain, Dunks, Fields, Gilby, Kitch, Openshaw

8. CHE/04/00970/FUL – Erection of Detached Bungalow at Land to rear of 47 Brockwell Lane, for Havering

Councillors Beckingham, Brittain, Dunks, Fields, Gilby, Kitch, Openshaw

0121 DECLARATIONS OF PERSONAL OR PREJUDICIAL INTEREST BY MEMBERS RELATING TO ITEMS ON THE AGENDA

No declarations were received.

0122 MINUTES

RESOLVED - That the Minutes of Planning Committee passed at the meeting held on 3rd January, 2006 be signed by the Chair as a true record.

0123 BUILDING REGULATIONS (P150D, P160D, P570D, P580D)

*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

05/00810/OTHFP Warehouse/Storage at Land At Spa Lane Chesterfield Derbyshire for Pinemonte Ltd.

05/00811/OTHFP Proposed MOT Centre at 26 Chesterfield Road Staveley Chesterfield Derbyshire S43 3QF for Modern Industries Ltd.

05/00819/OTHFP Extension of Aerobics studio and installation of 2 no. Glazing

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units at Brampton Manor Health Club Old Road Chesterfield Derbyshire for Craig Lynch.

05/00830/OTHFP Internal alterations to shop and new shopfront at 17 Hollingwood Crescent Chesterfield Derbyshire S43 2HD for Altan Salih Sami.

05/00843/DEXFP Carport with bedroom over at 40 Renishaw Road Chesterfield Derbyshire S43 3DW for Mrs Cunniffe.

05/00845/DEXFP Two storey rear extension at 56 Franklyn Road Chesterfield Derbyshire S40 4AY for Mr R Micklethwaite.

05/00847/OTHFP Two Industrial Units at Pearson Trading Estate Whitting Valley Road Chesterfield Derbyshire for Mr T M Pearson.

05/00868/DEXFP Conservatory Extension at 11 Caernarvon Close Chesterfield Derbyshire S40 3DY for Mr A Drummond.

05/00896/DEXFP Two storey and single storey extension at 2 Foxcote Way Chesterfield Derbyshire S42 7NP for P Boardman.

05/00897/OTHFP Shop fit out at Unit 2a Markham Road Chesterfield Derbyshire for Sleepmasters plc.

05/00915/OTHFP Construction of internal offices at Britannia House Britannia Road Chesterfield Derbyshire S40 2UZ for RAC Autowindscreens.

05/00923/OTHFP Conversion of first floor and part ground floor to a single dwelling at Embassy House Soresby Street Chesterfield Derbyshire S40 1JW for Mr K Smith.

05/00932/RESUB 2 Single Storey Dwellings at Land Adjacent To Number 50 Bellhouse Lane Chesterfield Derbyshire for S Timm.

05/00952/RESUB Extension to Bungalow at 12 Wolfe Close Chesterfield Derbyshire S40 2DF for Mr and Mrs Groves.

05/00829/OTHFP Reconstruction to form Hotel bedrooms at Top Lodge Ringwood Road Chesterfield Derbyshire S43 1DQ for Lyric Hotels Ltd.

05/00844/DEXFP Single storey extension at 18 Mendip Crescent Chesterfield Derbyshire S40 4PR for Mr and Mrs Beecham.

05/00850/DGAFP Detached Double Garage at 3 Granville Close Chesterfield Derbyshire S41 0DP for Mr and Mrs Bradbury.

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05/00851/DROFP Loft Conversion at 69 Wellington Street Chesterfield Derbyshire S43 2BQ for Mr and Mrs Thompson.

05/00880/MULFP Single storey extension and internal alterations at 8 Peterdale Road Chesterfield Derbyshire S43 1JA for Mr L Witter.

05/00892/DCC Single storey extension with pitched roof at 5 Selhurst Road Chesterfield Derbyshire S41 7HR for Derbyshire County Council.

05/00895/MULFP Two storey, single storey extension and internal alterations at 118 Hady Hill Chesterfield Derbyshire S41 0EF for Dr Swamy.

05/00903/DEXFP Two storey rear extension at Faversham House 145 Somersall Lane Chesterfield Derbyshire S40 3LZ for Mrs M McIntyre.

05/00912/OTHFP Office/Wall removal between Room 046/002 and new office within room 046 for North East Derbyshire Council House Saltergate Chesterfield Derbyshire S40 1LF for North East Derbyshire District Council.

05/00913/RESUB Two storey side extension and loft conversion at 1 Inkerman Cottages Ashgate Road Chesterfield Derbyshire S40 for Mr and Mrs Griffiths.

05/00919/DEXFP Single Storey Extension at 6 Oakfield Avenue Chesterfield Derbyshire S40 3LE for Mr and Mrs J Bowes.

05/00921/RESUB Loft conversion at 13 Buckden Close Chesterfield Derbyshire S40 4NR for Mr and Mrs Parker.

05/00925/OTHFPD Garage conversion and hall extension at 6 Bramley Close Chesterfield Derbyshire S43 3GH for Mr and Mrs Kelly.

05/00926/DEXFP Two storey side extension at 4 Brookside Bar Chesterfield Derbyshire S40 3PJ for S Bargh.

05/00934/OTHFP Drainage Works at W & G Sissons Ltd Carrwood Road Chesterfield Derbyshire S41 9QB for W & G Sissons.

05/00939/RESUB New south porch with ramped access and disabled WC at St Johns Church St Johns Road Newbold Chesterfield, Derbyshire for Parochial Church Council Of St Johns Newbold.

05/00944/RESUB Single storey extension at 109 Meadowhill Road Chesterfield Derbyshire S41 0BG for Mr Bown.

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06/00003/RESUB Garage at 1 Woodthorpe Road Chesterfield Derbyshire for Mr Rushworth.

(b) Refusals

05/00821/OTHFP Refurbishment at 5 Boythorpe Road Chesterfield Derbyshire S40 2NF for Westcliffe Properties Ltd.

05/00822/MULFP Rear extension and conversion at 17 - 19 Ringwood Road Chesterfield Derbyshire for R W Fretwell.

05/00825/DROFP Loft conversion at 9 Wateringbury Grove Chesterfield Derbyshire S43 3TS for Mr Field.

05/00827/DEXFP Two storey rear extension at 10 Sycamore Road Chesterfield Derbyshire S43 2HG for Mr and Mrs M Beck.

05/00834/DEXFP Single storey side extension at 31 Meakin Street Chesterfield Derbyshire S41 0AU for Mr Charity.

05/00846/DOMFP 3 No. New dwellings at Land Adjacent To 456 Derby Road Birdholme Chesterfield Derbyshire for Thornsett Properties.

05/00855/OTHFPD 2 Storey Extension at 19 Longshaw Close Chesterfield Derbyshire S43 3NE for Mr J Baker.

05/00817/OTHRGD Eleven replacement UPVC windows at 41 Abbeyhill Close Chesterfield Derbyshire S42 7JL for Mr Geoffrey Pinnington.

05/00831/PART Proposed Industrial Units for Roe Developments, Birch House, Callywhite Lane, Dronfield for Mitchell and Proctor.

(d) Withdrawn

05/00891/DCC Conversion of bathroom/wc to a shower room/wc and a lift room extension at 12 Langtree Avenue Chesterfield Derbyshire S41 9HP for Derbyshire County Council.

0124 APPLICATIONS FOR PLANNING PERMISSION – PLANS DETERMINED BY THE COMMITTEE (P030)

*The Committee considered the under-mentioned applications in light of reports by the Group Leader, Development Management and resolved as follows:-

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CHE/05/00796/FUL - RESIDENTIAL DEVELOPMENT OF 5 DWELLINGS AT LAND TO REAR OF 1, 3, 5 AND 7 BIRCH LANE, CHESTERFIELD FOR ORCHID PROPERTIES

Councillor Gilby was not present during consideration of this item.

In accordance with Minute No. 299 (2001/02), Ms. Mepham, on behalf of the applicant had requested to address the meeting. At the meeting she confirmed that she no longer wished to do so.

A: That the officer recommendation be upheld and the application be approved subject to the following conditions:-

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2. The site shall be developed with separate systems of drainage for foul and surface water on and off site.

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. Unless otherwise approved in writing by the Local Planning Authority 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 prior to completion of the approved foul drainage works.

5. 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 unless otherwise agreed by the Local Planning Authority in writing.

6. Prior to the commencement of the development, details of the existing and proposed land levels and the proposed floor levels of the dwellings hereby approved shall be submitted to the Local Planning Authority for consideration. The details submitted shall include sufficient cross sections to fully assess the relationship between the proposed levels and immediately adjacent land/dwellings. The dwellings shall be constructed at the levels approved under this condition unless otherwise agreed, in writing, by the Local Planning Authority.

7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any order revoking and re-enacting that order, no windows shall be inserted in the northern elevation of the

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dwelling on Plot 1, facing 29 Hollingwood Crescent, without the prior written consent of the Local Planning Authority.

8. No development approved by this permission shall be commenced until:

(a) The application site has been subjected to a detailed desk study and site investigation, and remediation objectives have been determined through risk assessment, and approved in writing by The Local Planning Authority;

(b) Detailed proposals for the removal, containment or otherwise rendering harmless any contamination (the 'Reclamation Method Statement') have been submitted to and approved in writing by The Local Planning Authority.

9. Any visibly contaminated or odorous material encountered on the site during development work, must be excavated and stockpiled at the site. The Local Planning Authority must be informed immediately of the nature and degree of contamination present, and its potential for the pollution of the water environment. Details of the appropriate measures to prevent pollution of groundwater and surface water, including provisions for monitoring, shall be submitted to and approved in writing by The Local Planning Authority. The development shall then proceed in strict accordance with the measures approved.

10. Unless otherwise agreed in writing by the Local Planning Authority works shall only be carried out on site between 8:00 am and 6:00 pm Monday to Friday, 9:00 am to 5:00 pm 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.

11. Before any other operations are commenced a new access shall be formed to Birch Lane, in accordance with the application drawings, including 2m x 33m (critical) and 2m x 37m (non-critical) visibility splays, the area in advance being maintained clear of all obstructions exceeding 1m in height (600mm in the case of vegetation) relative to the adjoining carriageway channel and be maintained as such thereafter.

12. Before any other operations are commenced (excluding condition 11 above) space shall be provided within the site curtilage for site accommodation, storage of plant and materials, parking and manoeuvring of site operatives and visitors vehicles and loading/unloading of delivery vehicles, designed laid out and constructed in advance of construction work commencing and maintained free from impediment to its designated use throughout the duration of the construction works.

13. In association with condition 11 above the proposed access driveway shall be constructed of a solid bound material for the first 10m from the highway boundary. In addition there shall be no gates within 10m of the highway

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boundary and any such gates shall open inwards only.

14. The premises the subject of the application shall not be occupied until space has been provided for the parking of vehicles, clear of the turning area, all in accordance with the application drawing, constructed in a solid bound material and maintained thereafter free from any impediment to its designated use.

15. The premises the subject of the application shall not be occupied until a footway has been constructed to adoptable standards across the site frontage, the flank frontage of number 29 Hollingwood Crescent and linking to the existing footway on Hollingwood Crescent, as indicated on the attached plan.

16. Prior to the commencement of the development details of all boundary treatments on the site shall be submitted to the Local Planning Authority for consideration. Only the approved boundary treatments shall be constructed and thereafter retained.

17. No development shall take place until full details of soft landscape works have been submitted to the Local Planning Authority for consideration. The details 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; and an implementation programme. All landscape works approved shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with a programme first agreed in writing with the Local Planning Authority.

18. The proposed screen walls shall not be erected until details of the screen walls have been submitted to the Local Planning Authority for consideration. The development shall be completed in accordance with the scheme approved in writing by the Local Planning Authority and retained as such thereafter.

B: That a note be added to the planning permission recommending traffic calming on Birch Lane and that the highway authority be informed accordingly.

REASON FOR DECISION

1. The proposal is considered to be acceptable in terms of design and layout and does not raise any highway safety issues. The proposal accords with Policies HSG2 and HSG3 of the Adopted Chesterfield Borough Local Plan and Policies GS10, HS4 and HS4A of the Second Deposit Replacement Chesterfield Borough Local Plan.

CHE/05/00789/FUL - ONE DWELLING ON LAND ADJACENT TO OSCAR COURT FLATS, CROSS LONDON STREET, CHESTERFIELD FOR W HEARD

In accordance with Minute No. 299 (2001/02) the applicant, Mr. Heard, addressed the meeting.

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That the office recommendation be upheld and the application be refused for the following reasons:-

1. In the opinion of the Local Planning Authority the proposal is over intensive development of the site. The proposed scheme results in limited amenity and potential disturbance for residents of the new dwelling due to its proximity to the highway and parking area for the existing flats. It also proposes a dwelling which is not of a high quality or innovative design and is out of character with the surrounding built form.

2. The proposal is contrary to the objectives of PPS1 and PPG3 and does not accord with Policies HSG 2 and HSG3 of the Adopted Chesterfield Borough Local Plan and Policies GS10, HS4 and HS4A of the Second Deposit Replacement Local Plan.

CHE/05/00808/FUL - ERECTION OF TWO DWELLINGS WITH DOUBLE GARAGES ON LAND TO REAR OF 113A THE GREEN, CHESTERFIELD FOR MR AND MRS WILLIAMSON

Councillor Gilby, having not attended on site, withdrew from the meeting during consideration of this item.

In accordance with Minute No. 299 (2001/02), Mr. Tyzack, objecting to the proposal, 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 the proposal is considered to be over development of the site to the detriment of the amenity of adjoining residential properties on Hall Farm Close and Arbour Close and the quality and design of the development. The proximity of the proposed new dwellings to the protected copse of trees and the resultant impact this would have on the residential amenity of their occupiers would result in pressure for their pruning or felling in the future.

2. It is considered that the proposal does not accord with guidance in PPG3 and is contrary to Policies HSG2, HSG3 and ENV9 of the Adopted Chesterfield Borough Local Plan and Policies GS10, HS4, HS4A and EV9 of the Second Deposit Replacement Chesterfield Borough Local Plan.

CHE/05/00783/REM – ERECTION OF 29 DWELLING HOUSES ON LAND AT JUNCTION WITH ELM STREET AND STATION ROAD, HOLLINGWOOD, TH CHESTERFIELD FOR ORCHID PROPERTIES LTD, REVISED BY LETTER ON 6 DECEMBER 2005

In accordance with Minute No. 299 (2001/02), B.D. Thompson/R.K. Hill of 89 Sycamore Road, objecting to the application and the applicant/agent had requested to speak. However, neither attended the meeting.

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That the officer recommendation be upheld and the application be refused for the following reasons:-

1. In the opinion of the Local Planning Authority the development constitutes over development of the site with a scheme which is car dominated and is incompatible with the surrounding built form in terms of character, density and design. The scheme has not been informed by the wider context of the townscape and the proposal results in a poor quality development, with no sense of place or rootedness to the detriment of the residential amenity of new and existing residents.

2. The proposal does not accord with guidance in PPS1 and PPG3 and is contrary to Policy HSG2 of the Adopted Chesterfield Borough Local Plan and Policies GS6, GS10 and HS4 of the Second Deposit Replacement Chesterfield Borough Local Plan.

CHE/04/00970/FUL - ERECTION OF DETACHED BUNGALOW AT LAND TO REAR OF 47 BROCKWELL LANE FOR HAVERING

Councillors J. Barr and P. Barr, having not attended on site, withdrew from the meeting during consideration of this item.

In accordance with Minute No. 299 (2001/02), the applicant’s agent, Mr. Church, addressed the meeting.

That the officer recommendation be upheld and the application be refused for the following reason:-

1. The proposal represents an inappropriate form of infill development which would result in a form of development unreflective of the prevailing character of the area and would have a harmful impact upon the residential amenity of the occupiers of No. 49 Brockwell Lane and Flats 2 and 4 at No. 47 Brockwell Lane as a result of noise and disturbance created by the use of an access to an additional dwelling. As such the proposal is contrary to Policies HSG2 and HSG3 of the adopted Chesterfield Borough Local Plan and Policies HS4 and HS4A of the Second Deposit Replacement Chesterfield Borough Local Plan.

CHE/05/00802/LBC - VARIATION OF CONDITIONS IMPOSED ON PREVIOUSLY APPROVED APPLICATION NO CHE/1199/0645 CONDITION 2 AND 4 AT LAND ADJACENT TO MANOR HOUSE FARM, 118 THE GREEN, CHESTERFIELD FOR MR F SISSONS

Councillor Gilby, having not attended on site, withdrew from the meeting during consideration of this item.

That the officer recommendation be upheld and the application be refused for the following reasons:-

1. The stone slates and ridges form part of the special architectural interest of

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the listed barns. The application has failed to demonstrate that the barns cannot be re-covered in stone slates and ridges. There have been no exploratory methods of strengthening the existing roof structure to withstand the weight of the stone slates to meet current Building Regulation requirements. In addition there has been no details submitted exploring the potential to provide sufficient quantity of stone slate and ridges for the development. To allow the variation of condition 2 without sufficient justification would be contrary to Policy ENV30 of the adopted Chesterfield Borough Local Plan, Policy EN32 of the Second Deposit Replacement Chesterfield Borough Local Plan and guidance contained within Planning Policy Guidance Note 15: Planning and the Historic Environment.

2. The top hung windows that have been installed are an incongruous addition which are out of character with the simplistic form of the listed barns, thus causing harm to their utilitarian architectural character and historic integrity. To allow the retention of the windows would be contrary to Policy ENV30 of the adopted Chesterfield Borough Local Plan, Policy EN32 of the Second Deposit Replacement Chesterfield Borough Local Plan and guidance contained within Planning Policy Guidance Note 15: Planning and the Historic Environment.

CHE/05/00771/FUL - BARN CONVERSION THREE UNITS AT MANOR HOUSE FARM, 118 THE GREEN, CHESTERFIELD FOR MR F SISSONS

Councillor Gilby, having not attended on site, withdrew from the meeting during consideration of this item.

That the officer recommendation be upheld and the application be refused for the following reasons:-

1. The stone slates and ridges form part of the special architectural interest of the listed barns. The application has failed to demonstrate that the barns cannot be re-covered in stone slates and ridges. There have been no exploratory methods of strengthening the existing roof structure to withstand the weight of the stone slates to meet current Building Regulation requirements. In addition there has been no details submitted exploring the potential to provide sufficient quantity of stone slate and ridges for the development. To allow the variation of condition 2 without sufficient justification would be contrary to Policy ENV30 of the adopted Chesterfield Borough Local Plan, Policy EN32 of the Second Deposit Replacement Chesterfield Borough Local Plan and guidance contained within Planning Policy Guidance Note 15: Planning and the Historic Environment.

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CHE/05/00788/COU - CHANGE OF USE OF RETAIL PREMISES ONLY TO TAXI BOOKING OFFICE AND REVISE THE NUMBER OF PARKING SPACES AT 1 CHURCH STREET FOR CLUB TAXIS Councillor Gilby, having not attended on site, withdrew from the meeting during consideration of this item.

In accordance with Minute No. 299 (2001/02), the applicant, Mr. Ashmore, Mr. Race, supporting the application and Mr. Briggs and Mrs. Price, objecting to the application addressed the meeting.

That the officer recommendation be upheld and the application be refused for the following reasons:-

1. That the development would lead to an increase in comings and goings of vehicles and an increase in the congregation of people at the site in the late evening which is considered to be seriously detrimental to the amenities of adjacent residential properties.

2. The Highway Authority would not wish to encourage vehicles to wait for/pick up fares at this location thereby interrupting the free and safe flow of traffic to the detriment of highway safety. This is compounded by the fact that parking and manoeuvring cannot be provided within the site curtilage to accommodate taxis waiting for fares, the parking provided being for already consented usage.

CHE/05/00778/ADV - SWAN NECK LIGHTS AT 1 CHURCH STREET, BRIMINGTON, CHESTERFIELD, DERBYSHIRE FOR MR L ASHMORE

Councillor Gilby, having not attended on site, withdrew from the meeting during consideration of this item.

That the officer recommendation be upheld and the application for advertisement consent be hereby approved on the basis of the works carried out subject to the following condition;-

1. The degree of luminance of the sign shall not exceed 700 candelas per square metre and the illumination shall not be intermittent or flashing.

REASON FOR DECISION

1. The retention of the swan neck lights is considered to be appropriate in terms of public safety and amenity.

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CHE/05/00470/FUL - EXTENSION OF RAVENSIDE RETAIL PARK TO CREATE NEW CLASS A1 RETAIL FLOORSPACE, INCLUDING ASSOCIATED CAR PARKING, LANDSCAPING AND NEW ACCESS ARRANGEMENTS AT EXTENSION TO RAVENSIDE RETAIL PARK, PARK ROAD, CHESTERFIELD, DERBYSHIRE FOR RAVENSIDE INVESTMENTS LIMITED

Councillor Gilby, having not attended on site, withdrew from the meeting during consideration of this item.

In accordance with Minute No. 299 (2001/02), Mr. Bramley of Land Securities (the applicant) and Mr. Wrightson, agent for the applicant addressed the meeting.

That the applicant be requested to withdraw the application and to submit a revised scheme taking into account alternative footpath option 1.

CHE/05/00831/FUL - PARTIAL SINGLE STOREY EXTENSION TO FRONT OF CHURCH (SMALL MEETING ROOMS) AT WALTON EVANGELICAL CHURCH, MOORLAND VIEW ROAD, WALTON FOR IAN F. ROBERTS

That the officer recommendation be upheld and the application be granted 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. 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 unless otherwise agreed by the Local Planning Authority in writing.

REASONS FOR DECISION

1. The development is appropriately designed and is not considered to compromise highway safety or the amenity of neighbouring residents.

CHE/05/00705/FUL - DEVELOPMENT OF 6 APARTMENTS ON SITE OF FORMER GARAGES, BARKER LANE, CHESTERFIELD FOR WESTCLIFFE PROPERTIES.

That the officer recommendation be upheld and the application be approved subject to the following conditions:-

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2. The site shall be developed with separate systems of drainage for foul and surface water on and off site.

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4. Unless otherwise agreed in writing by The Local Planning Authority, 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 prior to completion of the approved foul drainage works.

5. The development shall carried out in accordance with the submitted site investigation report apart from the importation of clean uncontaminated soil shall be increased from 0.475m to 0.600m. Prior to any soil being imported onto site a validation report shall be submitted for approval. Only the approved soils shall thereafter be imported.

7. Notwithstanding the submitted details, revised details of the car parking layout providing on site turning facilities shall be submitted to the Local Planning Authority for consideration prior to the commencement of the development. Only the revised details approved in writing by the Local Planning Authority shall be implemented and shall be maintained as such thereafter, unless otherwise agreed in writing by the Local Planning Authority.

8. Prior to the commencement of any other development on site (apart from the demolition of the garages and decontamination of the site) the access as detailed on the submitted plans including the visibility splays and the footway(to an adoptable standard) fronting the site shall be provided and be available for use. The access visibility splay and footway shall thereafter be retained.

9. The access, parking and manoeuvring areas shall be provided and surfaced in a solid bound material prior to the occupation of any flat hereby approved.

10. Within 2 months of the commencement of the development full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include, means of enclosure; refuse or other storage units and lighting

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11. Soft landscape works 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; and an implementation programme.

12. Within 2 months of the commencement of the development shall take place until a schedule of landscape maintenance for a minimum period of five years has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for its implementation. Landscaping shall be carried out in accordance with the approved schedule.

13. All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with a programme agreed with the Local Planning Authority.

14. Unless otherwise agreed in writing by the Local Planning Authority, construction work shall not commence before 8.00 am and shall not exceed 6.00 pm on Monday to Saturday and no work shall be carried out on a Sunday, Bank or Public Holiday.

15. Parking space 15 shall be provided with a 2m x 2m x 45 degree visibility splay adjacent to the eastern boundary of the car park space . The space shall be widened by 1m to allow appropriate vehicle movements in accordance with the enclosed drawing.

REASON FOR DECISION

1. The proposal is considered to be in accordance with the adopted local plan as the facility is no longer required. The proposal is considered to be in accordance with the second deposit version of the replacement Local Plan.

0125 APPEALS REPORT (P000)

The Group Leader, Development Management reported on the current position in respect of appeals which had been received and decided.

*RESOLVED - That the report be noted.

0126 APPLICATIONS FOR PLANNING PERMISSION – PLANS DETERMINED BY THE HEAD OF PLANNING (P020D, P200D TO P250D, P270D TO P320D, P350D TO P370D, P390D, P420D TO P440D)

*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:-

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(a) Approvals

CHE/05/00136/FUL Re-position a window from the west elevation to the north elevation as previously submitted At 6 Crown Close Chesterfield Derbyshire S43 2AH For Mr M Gaunt

CHE/05/00745/FUL Amended layout of house types for plots 105-126, plots 132- 135, plots 149-153 and 169-192 (flats) At Land At Junction With Redvers Buller Road Derby Road Chesterfield Derbyshire For Barratt Homes (East Midlands) Limited

CHE/05/00753/FUL Change of use from workshop/storage to office accommodation including refurbishment and extension of existing building At Dunston House Dunston Road Chesterfield Derbyshire S41 9QD For H G Systems Limited

CHE/05/00782/FUL UPVC Conservatory At 10 Stone Lane Chesterfield Derbyshire S43 2DG For Mr And Mrs Smith

CHE/05/00785/CO Change of Use of Ground Floor to Office and Residential At 27 Chester Street Chesterfield Derbyshire For Mrs D Taylor

CHE/05/00786/FUL Work Shop/Storage At Proposed Workshops Fan Road Chesterfield Derbyshire For Hopkinson Transport Chesterfield Ltd

CHE/05/00787/FUL Two level extension to side and rear of existing dwelling to incorporate garage/utility room with bedroom and bathroom over with larger kitchen and first floor landing At 14 George Street Chesterfield Derbyshire S43 1HG For David Brian Telford

CHE/05/00790/FUL Construction of 3 terrace At 17 Heywood Street Chesterfield Derbyshire S43 For Mr P Rhodes

CHE/05/00794/AD Projecting Sign At Alma Leisure Park Derby Road Chesterfield Derbyshire S40 2EZ For Mr S Cooper

CHE/05/00797/FUL Conservatory extension At 11 Caernarvon Close Chesterfield Derbyshire S40 3DY For Mr A Drummond

CHE/05/00800/FUL Side extension to form car port, bedroom and bathroom At 60 Vincent Crescent Chesterfield Derbyshire S40 3NP For Mr And Mrs P Maycock

CHE/05/00801/FUL Single storey brick extension to rear of property At 6 Pondwell Drive Chesterfield Derbyshire S43 1PH For Mr A Ross

PLANNING 23.1.06 17

CHE/05/00804/FUL Conversion of integral garage and porch to living space At 6 Bramley Close Chesterfield Derbyshire S43 3GH For David Kelly

CHE/05/00809/FUL Two Storey Extension At 96 Station Road Brimington Chesterfield Derbyshire S43 1LN For David John Brown

CHE/05/00810/FUL Single storey rear extension and conservatory and re-siting of existing detached garage At 8 Peterdale Road Chesterfield Derbyshire S43 1JA For Mr L Witter

CHE/05/00811/FUL Two Storey extension for new lift At 12 Langtree Avenue Chesterfield Derbyshire S41 9HP For Mrs M Raybold

CHE/05/00812/FUL Single storey brick extension with pitched roof At 5 Selhurst Road Chesterfield Derbyshire S41 7HR For Mrs E Booker

CHE/05/00813/FUL Two storey extension to be built in two phases At 27 Hady Crescent Chesterfield Derbyshire S41 0EB For Mr And Mrs Abbott

CHE/05/00814/FUL Two Storey Extension At 7 Helston Close Chesterfield Derbyshire S41 0RJ For Mrs M Tsang

CHE/05/00819/FUL Single storey rear extension At 84 Highfield Lane Chesterfield Derbyshire S41 8BA For Mr M Bates

CHE/05/00826/FUL New garage (revised plan permission granted 30th December 2004) At 42 Orchard View Road Chesterfield Derbyshire S40 4BU For Mark Andrew Slatcher

CHE/05/00830/FUL Single storey bathroom extension At Rhone House 77 Hady Hill Chesterfield Derbyshire S41 0EE For Dr Talati

CHE/05/00833/FUL Replacement Porch At 11 Lodge Place Chesterfield Derbyshire S43 3DU For Mr And Mrs Hotham

CHE/05/00834/FUL Two storey extension to rear to create kitchen with bedroom above At 2 New Queen Street Chesterfield Derbyshire S41 7EU For Mr And Mrs Stacey

CHE/05/00838/FUL Conversion of garage store into habitable room, raising of roof and brickwork walls At 90 Broomfield Avenue Chesterfield Derbyshire S41 0ND For Mr And Mrs Hawksworth

CHE/05/00843/AD Advertisement At Gordon Lamb 2 Lockoford Lane Chesterfield Derbyshire For Gordon Lamb

PLANNING 23.1.06 18

CHE/05/00844/FUL Retention of conservatory to rear garden of family dwelling At 5 Catchford View Chesterfield Derbyshire S41 8XE For Paul Batty

(b) Refusals

CHE/05/00748/LB Alterations to Arches Room for use as a cocktail bar At Ringwood Hall Chesterfield Road Brimington Chesterfield Derbyshire S43 1DQ For Lyric Hotels Ltd

CHE/05/00806/FUL Rear single storey extension and conservatory and two storey side extension At 260 Old Road Chesterfield Derbyshire S40 3QN For Mr Brennan

CHE/05/00784/CL Certificate of Lawfulness – use for Chinese and Thai hot food takeaway At 47B Chester Street Chesterfield Derbyshire S40 For Mr B Wang

CHE/05/00799/CL Car Port At 9 Manor Avenue Chesterfield Derbyshire S43 1NQ For Mr and Mrs Ian Smalley

(e) Split Decision

CHE/05/00821/AD 3 x fascia signs and 2 x projecting signs At Royal Bank Of Scotland 2 Stephenson Place Chesterfield Derbyshire S40 For The Royal Bank Of Scotland.

0127 APPLICATIONS TO FELL OR PRUNE TREES (P100D, P120D, P130D)

*The Head of Planning 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:-

(a) The Felling and Pruning of Trees:-

1205/77 TPO Consent granted to limited pruning with conditions of deodar cedar order reference T14 on the Order Map and situated in the grounds of Lifestyle Village outside 70 Bunting House for Mrs A Birch on behalf of Retirement Services Limited.

1205/78 TPO Consent refused to the felling of deodar cedar reference T14 on the Order Map and situated in the grounds of Lifestyle Village outside 70 Bunting House for Mrs A Birch on behalf of Retirement Services Limited because the tree is in sound condition and of amenity value and there is insufficient evidence to justify its removal.

PLANNING 23.1.06 19

1205/79 TPO Consent granted to limited pruning with conditions of Lime tree reference A1/16 on the Order Map and situated in the grounds of Lifestyle Village on the High Street footage for Mrs A Birch on behalf of Retirement Services Limited.

1205/80 TPO Consent granted to limited pruning with conditions of 7 holly trees and the felling of 1 Rhododendron in areas A2 and A3 on the Order Map and situated in the grounds of Lifestyle Village outside 58/69 Bunting House for Mrs A Birch on behalf of Retirement Services Limited subject to replacement.

1205/81 TPO Consent granted to felling of a cypress tree in area A1 on the Order Map and situated adjacent the entrance to Lifestyle Village for Mrs A Birch on behalf of Retirement Services Limited subject to its replacement.

1205/82 TPO Consent granted to limited pruning with conditions of beech tree reference T16 and one elder in G2 and situated in the grounds of Lifestyle Village to the rear of Kingfisher House/Bunting House for Mrs A Birch on behalf of Retirement Services Limited.

1205/83 TPO Consent granted to the felling of 1 Holly tree and 1 Elder in group G2 on the Order Map and situated in the grounds of Lifestyle Village to the rear of Kingfisher House/Bunting House for Mrs A Birch on behalf of Retirement Services Limited subject to their replacement.

1205/84 TPO Consent granted to the felling of 6 Holly trees in area reference A4 on the Order Map and situated in the grounds of Lifestyle Village to the rear of Kingfisher House for Mrs A Birch on behalf of Retirement Services Limited subject to their replacement.

1205/85 TPO Consent granted to the pruning and selected thinning/felling of saplings on the edge of Cobnar Wood reference WI on the Order Map and situated to the rear of QCL off Carrwood Road, Chesterfield Trading Estate for Mr N Gill.

(b) Notification of Intent to Affect Trees in a Conservation Area

1205/CA13 The felling of 1 Elder Agreement to felling. The trees are mainly and 6 No Cypress trees in the semi mature cypress trees planted as part of grounds of Lifestyle Village Old the landscaping of the development. They Whittington which are growing too are very close to an historic stone wall which close to dwellings and an historic partly collapsed recently and are a threat to it stone wall. The trees are in the Old in the longer term. Their removal will not Whittington Conservation Area. have any adverse impact on amenity and they can be fairly and more effectively replaced by more appropriate planting.

PLANNING 23.1.06 20

Consent to fell a tree reference T1 at Appeal dismissed. 158 St Johns Road, Newbold under code 1004/69 TPO – Mr. N. Andrews.

0128 ENFORCEMENT REPORT (P510)

The Head of Legal, Scrutiny and Democratic Services and the Head of Development Management submitted a joint report on the current position regarding enforcement action which had been authorised by the Council and, where appropriate, sought authority for further action.

*RESOLVED - That the report be noted.

0129 LOCAL GOVERNMENT ACT 1972 – EXCLUSION OF PUBLIC

RESOLVED - That under Section 100(A)(4) of the Local Government Act 1972 the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 13 of Part I of Schedule 12A of the Act.

0130 LAND AT PORTLAND WORKS, GOYTSIDE, CHESTERFIELD (P510)

The Group Leader, Development Management submitted a report for Members to consider the issue of the outstanding Breach of Condition Notice in respect of disabled parking and landscaping issues at Portland Works, Goytside, Chesterfield, following a request by Planning Committee on 3rd January, 2006.

It was reported that no further action could reasonably be taken under the Breach of Condition Notices since they had been complied with.

*RESOLVED - (1) That the compliance with the Breach of Condition Notices be noted.

(2) That no further action be currently taken in respect of the parking and landscaping issues referred to in the report.