1 PLANNING COMMITTEE Tuesday

PLANNING 31.08.10 1

PLANNING COMMITTEE

Tuesday, 31st August, 2010

Present -

Councillor Barr (Chair)

Councillor Arnold Councillor Galloway Bingham Gilby Blank Haywood Cooper Openshaw Davenport Qazi Falconer, G.

1. CHE/10/00308/OUT – Proposed demolition of Poolsbrook Hotel and redevelopment of land to provide 11 x 3 bed houses with associated parking – resubmission of CHE/10/00058/OUT at Poolsbrook Hotel, Staveley Road, Poolsbrook for Mr Mark Breen

Councillors Arnold, Barr, Bingham, Cooper, Davenport, Falconer, G., Galloway, Gilby, Haywood and Qazi.

2. CHE/10/00238/OUT – Proposed development of 38 detached dwellings, garages, parking and incidental works at land at and including 146-150 Spital Lane, Spital, Chesterfield for Providence Estates Limited

Councillors Arnold, Barr, Cooper, Davenport, Falconer, G., Galloway, Gilby, Haywood and Qazi.

*Matters dealt with under the Delegation Scheme

0057 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Craw and Lomas.

0058 DECLARATIONS OF PERSONAL OR PREJUDICIAL INTEREST BY MEMBERS RELATING TO ITEMS ON THE AGENDA

Councillor Blank declared a prejudicial interest in Minute No. 0060 (CHE/10/00238/OUT - Proposed Development Of 38 Detached Dwellings, Garages, Parking And Incidental Works At Land At And Including 146-150 Spital Lane, Spital, Chesterfield For Providence Estates Ltd) as she had submitted a letter of objection to the proposal.

Councillor Bingham declared a personal interest in Minute No. 0064 (Enforcement Report) because of a remote family connection to the individual concerned in the enforcement action relating to 18 and 20 Highfield Road.

Councillor Bingham declared a prejudicial interest in Minute No. 0060 (CHE/10/00238/OUT - Proposed Development Of 38 Detached Dwellings, Garages,

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Parking And Incidental Works At Land At And Including 146-150 Spital Lane, Spital, Chesterfield For Providence Estates Ltd) as he had spoken to residents objecting to the application.

0059 MINUTES

RESOLVED - That the Minutes of Planning Committee passed at the meeting held on 9th August, 2010 be signed by the Chair as a true record.

0060 APPLICATIONS FOR PLANNING PERMISSION – PLANS DETERMINED BY THE COMMITTEE (P030)

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

CHE/10/00238/OUT - PROPOSED DEVELOPMENT OF 38 DETACHED DWELLINGS, GARAGES, PARKING AND INCIDENTAL WORKS AT LAND AT AND INCLUDING 146-150 SPITAL LANE, SPITAL, CHESTERFIELD FOR PROVIDENCE ESTATES LTD

Councillors Bingham and Blank having declared a prejudicial interest, left the meeting during consideration of this item.

Councillor Openshaw, having not attended the site visit, left the meeting during consideration of this item.

In accordance with Minute No. 299 (2001/2002), Mr. Emerson, Architect and Mr. Wickham, the applicant’s agent, addressed the meeting.

A: That the officer recommendation be upheld subject to the following amendments relating to education and per cent for art contributions and the application be approved:-

- subject to the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 in respect of:

- a commuted sum for Affordable Housing - education contributions - reduced by £5k - open space and play contributions - per cent for art contribution - increased up to £10k

and

- subject to the following conditions:-

1. 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.

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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.

3. Approval of the details of the layout, scale and external appearance of the building(s), the means of access thereto 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.

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

5. 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.

6. No development approved by this permission shall be commenced until a scheme for the provision and implementation of surface water run-off limitation has been submitted to and approved in writing by the Local Planning Authority. The scheme shall incorporate sustainable drainage principles and shall be implemented in accordance with the approved programme and details.

7. 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.

8. The development permitted by this planning application shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) by Hugh Allan 07 April 2010 and the following mitigation measures detailed within the FRA: No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water run-off limitation to reduce the discharge from the site by 30% has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved programme and details.

9. 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.

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nature and composition of the contamination. Ground gas, groundwater and chemical analysis, identified as being appropriate by the desktop study, shall be carried out in accordance with current guidance using UKAS accredited methods. All technical data must be submitted to the Local Planning Authority.

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

B. If, during remediation works any contamination is identified that has not been considered in the Remediation Method Statement, then additional remediation proposals for this material shall be submitted to the Local Planning Authority for written approval. Any approved proposals shall thereafter form part of the Remediation Method Statement.

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

10. In the event it is proposed to import soil onto site in connection with the development the proposed soil shall be sampled at source and analysed in a MCERT certified laboratory, the results of which shall be submitted to the Local Planning Authority for consideration. Only the soil approved in writing by the Local Planning Authority shall be used on site.

11. Unless otherwise agreed in writing by the Local Planning Authority work shall only be carried out on site between 8:00am and 6:00pm Monday to Friday, 9:00am to 5:00pm on a Saturday and no work on a Sunday or Public Holiday. The term "work" will also apply to the operation of plant, machinery and equipment.

12. Unless otherwise agreed in writing by the local planning authority, 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.

13. The development, subject of this application, shall not be taken into use until the redundant vehicular access point/s along the frontage of the site are closed and restored to standard footway construction in accordance with Derbyshire County Council's specifications all to the satisfaction of the

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Highway Authority.

14. The premises, the subject of the application, shall not be occupied until the proposed new estate street/s has/have been provided between each respective dwelling and the existing highway, laid out and constructed to at least binder course level, drained and lit, in accordance with the approved application drawing.

15. 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, for the loading and unloading of vehicles and for vehicles to turn so that they may enter and leave the site in forward gear.

16. Development shall not commence until vehicle wheel wash facilities, the details of which shall be submitted to the Local Planning Authority for consideration, have been installed on the site and made available for use. The details approved in writing by the Local Planning Authority shall be implemented upon commencement of the development and retained for the duration of the construction period.

17. The premises, the subject of the application, shall not be occupied until the new access has been formed comprising pedestrian intervisibility splays measuring 2m x 2m x 45 degrees and 2m x 70m in both directions. The area in advance of the sightlines 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.

18. The dwellings shall be designed and constructed to a minimum of Sustainable Homes Code Level 3 standard. On completion of the development, and prior to first occupation, a copy of the certificate issued as evidence of compliance in this respect shall be submitted to the Local Planning Authority.

19. Prior to the commencement of development a scheme detailing further proposals for the installation of energy efficiency and sustainability measures shall be submitted, together with a statement of energy efficiency saving calculations, to the Local Planning Authority. Only those details or any agreed amendments shall be implemented on site unless otherwise agreed in writing by the Local Planning Authority.

20. Within 2 months of commencement of development, unless otherwise agreed in writing by the Local Planning Authority, full details of hard landscape works for the approved development shall be submitted to the Local Planning Authority for consideration.

Hard landscaping includes proposed finished land levels or contours; means of enclosure; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.) retained historic landscape features and proposals for restoration, where relevant. These works shall be carried out as approved prior to the first occupation of any dwelling hereby approved.

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21. Within 2 months of commencement of development, unless otherwise agreed in writing by the Local Planning Authority, details of a soft landscaping scheme for the approved development shall be submitted to the Local Planning Authority for consideration.

The required soft landscape scheme shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers; densities where appropriate, an implementation programme and a schedule of landscape maintenance for a minimum period of five years. Those details, or any approved amendments to those details shall be carried out in accordance with the implementation programme.

B: That in accordance with the General Development Procedure Order, 1995, the application be advertised on site and in the local press for a period of 21 days as a departure from the Local Plan before the decision is issued.

C: That delegated powers be granted to the Group Leader Development Management to impose an additional condition on the final decision notice, upon receipt of comments from Derbyshire Wildlife Trust, relating to any mitigation measure which may arise as a consequence of the findings of the pending bat survey.

REASON FOR DECISION

1. The proposal is considered as an appropriate site for residential development having regard to the provisions of PPS3 and Policy HSN3 of the Local Plan. In formulating this conclusion the Council is accepting that the development proposal is a departure from criteria a) of Policy HSN3 of the Local Plan in so far as the development is for a larger windfall site not proposed on brownfield land. Notwithstanding this the Council is of the opinion the site, which is identified in the Council’s Strategic Housing Land Availability Assessment, makes an valuable contribution to the Council’s projected five year housing land supply and therefore for the reasons given in this report the benefit of recommending approval outweighs any potential harm of this decision to approve the departure.

The scale and access proposals (the subject for consideration as part of the outline proposal) are considered acceptable and accord with the provisions of PPS1 and Policies GEN10, HSN5 and HSN6 of the Local Plan.

In accordance with the applicant entering into a S106 agreement to address affordable housing, education, open space/play and percent for art contributions (with agreed figures as recommended) the proposal is considered to accord with the provisions of Policies HSN7, CMT2, POS3 and EVR27 of the Local Plan.

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CHE/10/00308/OUT - PROPOSED DEMOLITION OF POOLSBROOK HOTEL AND REDEVELOPMENT OF LAND TO PROVIDE 11 X 3 BED HOUSES WITH ASSOCIATED PARKING - RESUBMISSION OF CHE/10/00058/OUT AT POOLSBROOK HOTEL, STAVELEY ROAD, POOLSBROOK FOR MR. MARK BREEN

Councillors Blank and Openshaw, having not attended on site, left the meeting during consideration of this item.

A: That the officer recommendation be upheld and the application be approved:-

- subject to the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 in respect of public open space and education contributions before 7th September, 2010; and

- subject to the following conditions:-

1. Approval of the details of the layout, scale and external appearance of the building(s), the means of access thereto 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.

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.

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

6. 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.

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

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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.

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 unless otherwise agreed by the Local Planning Authority in writing.

9. Prior to any works commencing on site an outline heritage assessment of the site, including a photographic survey of the building, shall be submitted to the Local Planning Authority. The assessment should be carried out by a suitably qualified and experienced buildings archaeologist/architect.

10. Unless otherwise agreed in writing by the Local Planning Authority work shall only be carried out on site between 8:00am and 6:00pm Monday to Friday, 9:00am to 5:00pm on a Saturday and no work on a Sunday or Public Holiday. The term "work" will also apply to the operation of plant, machinery and equipment.

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11. The development shall be constructed to a minimum of Sustainable Homes Code Level 3 standards in respect of sustainability and energy efficiency. On completion of the development, and prior to first occupation, a copy of the certificate issued as evidence of compliance in this respect, shall be submitted to the Planning Authority, unless otherwise agreed in writing by the Local Planning Authority.

13. Before any other operations are commenced a 2m wide footway shall be provided along the site frontage to Cottage Close and Staveley Road to binder coarse level. The footway shall be fully completed prior to the occupation of any dwelling on the site, unless otherwise agreed in writing by the Local Planning Authority.

14. The dwellings shall not be occupied until space has been provided within the site curtilage for the parking of residents and visitors vehicles as agreed by the Local Planning Authority and maintained throughout the life of the development free from impediment to its designated use.

15. There shall be no gate/s on the site located on, or open in a manner to include within its/their opening arc/s, any land within 5 metres of the highway unless otherwise approved by the Local Planning Authority.

B: That in the event that the Planning Obligation under Section 106 of the Town and Country Planning Act 1990 referred to at (A) is not completed by the 7th September, 2010, the application be refused on the basis that the development is in conflict with Policy POS3 and CMT2 of the Replacement Chesterfield Borough Local Plan as it fails to secure funding for the upgrading and maintenance of public open space and provide contribution toward additional classroom accommodation as required by a development of this size by the policies and adopted SPD.

REASON FOR DECISION

1. The principle of residential development on the site is considered to be acceptable without detriment to the privacy and amenity of existing residents or potential new occupants of the dwellings. The scheme is considered to accord with Policies GEN10, HSN5, HSN3, POS3, SHC11, CMT2 and CMT5 of the Replacement Chesterfield Borough Local Plan.

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CHE/10/00360/FUL - PROPOSED NEW DWELLING OF SIX BEDROOM, TWO STOREY AND ROOMS IN ROOF SPACE - RESUBMISSION OF CHE/10/00043/FUL AT PLOT 1, PICCADILLY ROAD, CHESTERFIELD FOR MR ANDREW DAVIES

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 development shall be constructed as per the materials schedule as follows: Brickwork - Hanson Hathaway Brindle, Roof - Natural Slate, Dormer Cheeks - as per roof, Windows - Ivory uPVC frames. Only these materials shall be used as part of the development and retained thereafter in perpetuity unless otherwise agreed by the Local Planning Authority in writing.

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

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. 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.

6. In the event it is proposed to import soil onto site in connection with the development the proposed soil shall be sampled at source and analysed in a MCERT certified laboratory, the results of which shall be submitted to the Local Planning Authority for consideration. Only the soil approved in writing by the Local Planning Authority shall be used on site.

7. Unless otherwise agreed in writing by the Local Planning Authority work shall only be carried out on site between 8:00am and 6:00pm Monday to Friday, 9:00am to 5:00pm on a Saturday and no work on a Sunday or Public Holiday. The term "work" will also apply to the operation of plant, machinery and equipment.

8. Notwithstanding the details shown on the submitted plans, within two months of the commencement of the development, full details of all boundary treatments proposed for the development shall be submitted to the Local Planning Authority for consideration. Only the details approved in writing by the Local Planning Authority shall be implemented on site.

9. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any Order revoking and re-enacting

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that Order, no windows or roof-lights, other than those hereby permitted, shall be installed above ground floor ceiling height, without the prior express consent of the Local Planning Authority.

10. There shall be no gate/s on the site located on, or open in a manner to include within its/their opening arc/s, any land within 5 metres of the highway unless otherwise approved by the Local Planning Authority.

11. Unless otherwise agreed in writing by the Local Planning Authority, if contamination is identified at the site during development which has not previously been identified with the Remediation Method Statement no further development shall be carried out until the developer has submitted an amendment to the remediation strategy detailing how this unsuspected contamination can be dealt with to the Local Planning Authority in writing. Only the approved measures shall be implemented on site.

12. Prior to the completion of the development on site a validation report demonstrating completion of the works set out in the approved Remediation Method Statement shall be submitted to and approved in writing by the Local Planning Authority. The report shall include results of sampling and monitoring carried out to demonstrate that the site remediation criteria have been met. It shall also include any plan (long term monitoring and maintenance plan) for longer term monitoring of pollutant leakages, maintenance and arrangements for contingency action, as identified in the validation plan.

13. 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, for the loading and unloading of vehicles and for vehicles to turn so that they may enter and leave the site in forward gear.

14. All private driveways shall be provided with 2m x 2m x 45 degree pedestrian intervisibility splays, prior to the occupation of any dwelling served by the respective driveway, all of which shall be maintained as such thereafter, unless otherwise agreed in writing by the Local Planning Authority.

15. Prior to the commencement of the development, details of the existing and proposed land levels and the proposed floor levels of the dwelling 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 dwelling shall be constructed at the levels approved under this condition unless otherwise agreed, in writing, by the Local Planning Authority.

16. Prior to their installation, details of obscure glazing for the first floor windows in the southern facing elevation shall be submitted to the Local Planning Authority for consideration. The approved windows, only, shall be installed and retained obscurely glazed thereafter unless otherwise agreed in writing by the Local Planning Authority.

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17. All external dimensions and elevational treatments shall be as shown on the approved plans with the exception of any approved non material amendment.

REASON FOR DECISION

1. The principle of residential development on this site is acceptable. The proposed development is considered to be acceptable in terms of its design and visual impact in the streetscene without detriment to the amenity of surrounding occupiers or highways safety. The proposal is considered to be in accordance with the provisions of policies GEN10, HSN5 and HSN6 of the Replacement Chesterfield Borough Local Plan and the guidance in PPS1 and PPS3.

CHE/10/00162/EOT - PROPOSED EXTENSION OF TIME OF CHE/07/00198/COU FOR CHANGE OF USE OF BUILDINGS FOR B8 STORAGE AND B2 INDUSTRIAL USE AT HANDLEYWOOD FARM, WHITTINGTON ROAD, BARROW HILL, CHESTERFIELD FOR MR AND MRS B STEELE

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 six months from the date of this permission.

2. The use hereby approved shall not be implemented until such time as the improved access approved under application CHE/09/00665/EOT is implemented in full and thereafter the improved access shall be retained.

3. All industrial activities and processes shall be carried out within existing buildings and the area hatched black on the attached plan unless otherwise agreed in writing by the Local Planning Authority.

4. There shall be no outside storage apart from within the area-hatched black on the attached plan, unless otherwise agreed in writing by the Local Planning Authority.

5. The approved car parking layout shall be implemented on site concurrent with the commencement of the development and thereafter retained for the approved purpose.

6. If the existing barns identified as 1, 2 and 3 on the attached plan are used for any industrial activity or storage as approved by this consent and operated by any person divorced from the residential accommodation at Handley Wood Farm, then the pedestrian access to the barns shall be from within the application site to the west only. The existing access to the buildings from the east shall be closed.

7. Within 2 months of commencement of development, unless otherwise agreed in writing by the Local Planning Authority, details of a soft landscaping scheme including tree planting for the north western and south western boundaries of

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the site (identified as A through B to C on the attached plan) of the approved development shall be submitted to the Local Planning Authority for consideration.

The required soft landscape scheme shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers; densities where appropriate, an implementation programme and a schedule of landscape maintenance for a minimum period of five years. Those details, or any approved amendments to those details, shall be carried out in accordance with the implementation programme

8. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through an oil interceptor unless otherwise agreed by the Local Planning Authority designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor.

9. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compounds shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound shall be at least equivalent to the capacity of the largest tank, vessel or the combined capacity of interconnected tanks or vessels plus 10%. All filling points, associated pipework, vents, gauges and sight glasses must be located within the bund or have separate secondary containment. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework shall be located above ground and protected from accidental damage. All filling points and tank/vessels overflow pipe outlets shall be detailed to discharge downwards into the bund.

REASON FOR DECISION

1. Having regard to the Development Plan policy EVR 1, changes in national policy and relevant guidance, changes in the locality and adjoining sites including any planning permissions, it is considered that the proposal should be granted permission subject to conditions as before since there are no considerations of sufficient weight to warrant a different determination.

0061 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.

0062 APPLICATIONS FOR PLANNING PERMISSION – PLANS DETERMINED BY THE HEAD OF PLANNING (P110D)

*The Group Leader, Development Management reported that pursuant to the

PLANNING 31.08.10 14 authority delegated to him, he had determined the under-mentioned applications subject to the necessary conditions:-

(a) Approvals

CHE/10/00315/ADV Signage at New Look Su 15 and 16 9- 11 Vicar Lane Chesterfield Derbyshire S40 1PY for New Look Group plc

CHE/10/00312/EOT Two storey extension and extend over garage - extension of time of CHE/07/00338/FUL at 161 Church Street North Chesterfield Derbyshire S41 9QR for Mr Gordon Pryor

CHE/10/00403/TPO Crown lifting of trees over highway and street furniture at 222 Handley Road Chesterfield Derbyshire S43 2ER for Mr Clarke

CHE/10/00394/TPO Group 2 - pine trees - fell to ground 1 pine, crown lift and dead wood all in group 2 at Walton Hospital Whitecotes Lane Chesterfield Derbyshire S40 3HN for Walton Hospital

CHE/10/00302/FUL Two storey side garage and bedroom en-suite extension at 44 Bower Farm Road Chesterfield Derbyshire S41 9PP for Mrs Kerry Davenport

CHE/10/00348/FUL Dining room extension to side at 36 Hazel Drive Chesterfield Derbyshire S40 3EN for Mrs B Richardson

CHE/10/00317/COU Change of use from pet suppliers to office for home care service at 534 Sheffield Road Whittington Moor Chesterfield Derbyshire S41 8LP for Mr Wayne Knight

CHE/10/00327/EOT Extension of time period for CHE/07/00172/FUL - erection of 4 two bed apartments at land opposite site of former Chapel Hipper Street West Chesterfield Derbyshire for MB Glass Supplies Ltd

CHE/10/00298/FUL Proposed two storey extension and internal works and bay window lounge extension and erection of a rear conservatory at 27 Millstream Close Chesterfield Derbyshire S40 3DS for Mr Gareth Harper

CHE/10/00387/NMA Non material amendment to CHE/09/00030/FUL - change two single garage doors to one double door at land between Priory House and Grovehill St Johns Road Newbold Chesterfield Derbyshire for Mr Michael Watterson

CHE/10/00337/FUL Ground floor single story pitched roofed extension to provide shower room and extended bedroom with ramp,

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path and landing at 137 Hady Lane Chesterfield Derbyshire S41 0DQ for Mr M Eddas

CHE/10/00384/FUL New facing brickwork outer leaf to bungalow, rear extension and recovering of roof (permitted development) at 23A Mansfield Road Chesterfield Derbyshire S41 0JE for Mr and Mrs C Parker

CHE/10/00076/ADV Bespoke projecting signs, revised description received via e-mail 21st July 2010 at Specsavers 2 - 4 Burlington Street Chesterfield Derbyshire S40 1RP for Specsavers

CHE/10/00381/FUL Proposed single storey extension comprising garage, utility and hall at 9 Bellhouse Lane Chesterfield Derbyshire S43 3UA for Norman Bailey

CHE/10/00341/COU Removal of grass bank and change of use from highway verge to vehicle access at 2 Crow Lane Chesterfield Derbyshire S41 0EQ for Mrs Judith Bransom

CHE/10/00400/NMA Non material amendment to CHE/10/00023/COU for alterations to internal layout and modifications to existing openings in the south and east elevations at Leyfield Surgery 2 Eckington Road Staveley Chesterfield Derbyshire S43 3XZ for Spion Kop Care Home

CHE/10/00278/FUL First floor extension at 3 Brookfield Avenue Chesterfield Derbyshire S40 3NX for Mr Graham Gratton

CHE/10/00390/FUL Proposed porch at 16 Summerfield Road Chesterfield Derbyshire S40 2LJ for Mrs Gloria Tarlton

CHE/10/00369/COU Change of buildings and car park use from category B1/B2 to D1 (education), revised description received via e-mail 21st July 2010 removing car parking element from scheme at Workshops, Offices and Yard Wharf Lane Chesterfield Derbyshire for Chesterfield College

CHE/10/00401/NMA Non-material amendment to materials to CHE/09/00619/FUL - two storey side and rear extension in association with loft conversion at 7 Morris Drive Chesterfield Derbyshire S41 7BB for Mrs Claire Hurrell

CHE/10/00294/COU Small tea room to be incorporated to the rear of the premises serving drinks and cakes, no cooking required and to put a few tables in the courtyard at rear at 9 South Street Chesterfield Derbyshire S40 1QX for Mr Keith Todd

CHE/10/00346/ADV 1 x externally illuminated letters and logo, 1 x internally illuminated projecting sign and 3 x window graphics at

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Stubbing Road Medical Centre Stubbing Road Chesterfield Derbyshire S40 2HP for Assura Pharmacy

CHE/10/00373/FUL Side and rear extensions at 12 Heathfield Avenue Chesterfield Derbyshire S40 4AJ for Mrs J Tuck

CHE/10/00328/FUL Proposed extensions - resubmission of CHE/09/00378/FUL at 7 Sedgemoor Close Chesterfield Derbyshire S40 4QD for Mr Paul Cook

(b) Refusals

CHE/10/00282/FUL The removal of an existing single storey side extension and the construction of a new two storey side extension, to allow a kitchen extension and bedroom extension/study room at 31 Hawksley Avenue Chesterfield Derbyshire S40 4TJ for Mr Dale Wake

CHE/10/00352/FUL Two storey rear extension at 7 Rayleigh Avenue Chesterfield Derbyshire S43 1JR for Mr D Nutt

CHE/10/00232/FUL Erection of an agricultural building for garaging, storage of equipment and feed and housing for livestock. Roof space to be used for storage/livestock at Dunston Hall Farm Dunston Road Chesterfield Derbyshire S41 9RL for Mr Bernie Glynn

CHE/10/00335/CLOPUD Install velux window into the rear facing roof at 11 Birkdale Drive Chesterfield Derbyshire S40 3JL for Mr Andrew Ward

(d) Split Decision with Conditions

CHE/10/00407/TPO T1 Oak - crown thinning, crown lifting - remove lower branches which extend from trunk and 4 metres from ground; crown reduction up to 2 metres at 15 Ramsey Avenue Chesterfield Derbyshire S40 3EF for Mr Timothy Drury

(e) Other Council no Objection with Comments

CHE/10/00425/CPO Demolish redundant wing of the existing building and undertake alterations and improvements to existing vehicular access at Mary Swanwick Primary School Church Street North Chesterfield Derbyshire S41 9QW for Derbyshire County Council

PLANNING 31.08.10 17

(f) Discharge of Planning Conditions

CHE/10/00321/DOC One x two bedroom detached bungalow - CHE/10/00710/FUL - discharge of conditions at 1 Harehill Road Chesterfield Derbyshire S40 2JA for Chesterfield Borough Council

0063 APPLICATION TO FELL OR PRUNE TREES (P690D)

*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:-

CHE/10/00394/TPO Consent granted to the felling of one dead Pine and the pruning of 4 Pines within G2 on the Order map for NHS Estates, Walton Hospital, Whitcotes Lane, Chesterfield

CHE/10/00407/TPO Consent granted to the pruning of one Oak tree reference T1 on the order map for Mr Drury of 5 Hazelmeres, Walton. The tree is situated in the neighbouring property of 15 Ramsey Avenue, Walton, Chesterfield

CHE/10/00385/TPO Consent granted to the pruning of five Sycamore trees reference T18 - T22 and one Ash reference T49 on the Order map for Mr Michael Watterson of 125 Handley Road, Chesterfield

CHE/10/00454/TPO Consent granted for the pruning of one Willow tree reference T41 on the Order map for Mr Thompson of 401 Newbold Road, Newbold, Chesterfield

0064 ENFORCEMENT REPORT (P510)

The Acting Head of Legal Scrutiny and Democratic Services and the Group Leader Development Manager submitted a joint report on the current position regarding enforcement action which had been authorised by the Council.

*RESOLVED - That the report be noted.

0065 APPLICATION CODE: CW4/0710/63 - PROPOSED SECTION 73 APPLICATION TO NOT COMPLY WITH CONDITIONS 3, 12 AND 14 OF PLANNING PERMISSION CW4/0507/39 TO ENABLE THE FORMER AVENUE COKING WORKS, WINGERWORTH TO BE REMEDIATED WITH AN AMENDED LANDFORM, INCLUDING THE PROVISION OF A LARGER DEVELOPMENT SITE (P000)

The Head of Regeneration submitted a report for Members to consider an application to not comply with conditions 3, 12 and 14 of Planning Permission CW4/0507/39 so as to allow the former Avenue Coking Works, Wingerworth to be remediated with an amended land form, including the provision of a larger

PLANNING 31.08.10 18 development site, in response to a consultation from the Waste Planning Authority, Derbyshire County Council.

*RESOLVED - (1) That Derbyshire County Council be informed that Chesterfield Borough Council:-

(a) continues to support the comprehensive remediation of the Avenue Works with on-site treatment of wastes and the incorporation of measures for flood risk management and

(b) raises no objection to the current application CW4/0710/63 for non-compliance with conditions attached to CW4/0507/39 but no further extension of the development platform will be looked on favourably by Chesterfield Borough Council.

(2) That the County Council, North East Derbyshire District Council and the East Midlands Development Agency be requested to involve Chesterfield Borough Council more fully in ongoing discussions about development of the Former Avenue Works Coking Site following remediation, both through the project process and through the Local Development Framework process.