Case Officer: Sarah Scott File No: CHE/08/00585/FUL Tel. No: Plot No: 2/4 1 st DECEMBER 2008 ITEM 3

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1 Case Officer: Sarah Scott File No: CHE/08/00585/FUL Tel. No: Plot No: 2/4 1 st DECEMBER 2008 ITEM 3 REDEVELOPMENT OF THE RSPCA ANIMAL SHELTER. REPLACEMENT OF EXISTING ANIMAL ACCOMMODATION WITH NEW KENNELS AND CATTERY AND MISCELLANEOUS ANIMAL ACCOMMODATION, PLUS A NEW ADMINISTRATION BUILDING, ASSOCIATED EXTERNAL WORKS, CAR PARKING AND LANDSCAPING FOR RSPCA CHESTERFIELD AND NORTH DERBYSHIRE BRANCH Local Plan: River and Canal Environment Ward: Hasland Community Forum: Hasland and St Leonards 1.0 CONSULTATIONS DCC Highways Ward Members Community Forum Forward Planning Environmental Services Design Services Environment Agency Yorkshire Water Comments received see report No comments received No comments received Comments received Comments received see report Comments received see report Comments received see report Comments received see report Crime Prevention Design Advisor Comments received see report Neighbours/Site Notice No letters of representation received 17

2 2.0 THE SITE 2.1 The application relates to the site of the existing RSPCA animal shelter situated on the outskirts of Chesterfield between the Spital Brook and the A617 bypass. The site itself is accessible over Spital Brook via a small bridge and connecting access road which leads off Spital Lane between Nos 133 and 139 Spital Lane. 2.2 From Spital Lane the site slopes quite steeply down towards Spital Brook and then back up to the embankment of the A617. The contours across the site clearly follow the topography of the river valley running east to west. 3.0 SITE HISTORY 3.1 CHE/0994/ Erection of a stable block, small animals block and ancillary block. Granted Conditionally 17 th November CHE/0595/ Construction of tarmac yard and re-siting of portacabin. Granted Conditionally 12 th July CHE/1298/ Erection of two storey dwelling house. Granted Conditionally 23 rd March CHE/0603/ Flagpole at top of drive. Refused 11 th July THE PROPOSAL 4.1 This is a major planning application submitted in full and comprising of the redevelopment of the current RSPCA animal shelter site situated off Spital Lane, Spital, Chesterfield. 4.2 Changes in the Animal Welfare Act and associated licensing requirements have established new and higher standards for the size and quality of accommodation. If the RSPCA Chesterfield are to remain at their existing site and retain their current license the site needs to be significantly upgraded. 4.3 With the exception of the dwellinghouse currently located on site which is to be retained, the redevelopment proposals include the entire demolition of the remaining facilities and buildings on site. 18

3 4.4 The proposals include the creation of a new administration building, associated car parking and four new accommodation blocks. Three of these buildings (inc. the administration block) will stretch across the central line of the site and the remaining two are shown to be positioned up against to the southern boundary of the application site which runs adjacent to the A617 bypass. The associated car parking area will be positioned along the northern boundary of the application site, which follows the southern river banking of Spital Brook and will provide twenty three parking spaces. The access is to remain unaltered apart from the introduction of a passing place to the rear of 139 Spital Lane. 4.5 Plans show that with the exception of the two storey administration block all the other single storey blocks will all have green roofs. 4.6 Further details of the proposed replacement of buildings and accommodation facilities are scheduled below: Administration Block (Two Storey) Ground Floor - new main entrance and reception area/ shop and associated storage/ office/ staff room/ locker room/ treatment room/ operations room/ preparation room/ w.c facilities/ kitchen and associated flexible workshop area. First Floor single accommodation unit to provide 24hr on site cover/ managers office/ inspectors office and interview area. Block 1 Puppy and Cat Isolation (Single Storey) Ground Floor five cat isolation units/ five puppies units/ laundry room/ food store and preparation/ treatment and grooming room/ sluice room and store/ storage and plant room. Block 2 Rehoming Dogs (Single Storey) Ground Floor thirty two dog units/ sluice room and store/ treatment and grooming room/ food preparation and store/ storage and plant room. Block 3 Admissions Dogs and Miscellaneous Animals (Single Storey with Lower Ground Floor) Lower Ground Floor ten rabbits units/ five ferret units/ two small animal rooms/ food preparation room/ sluice room and store/ treatment and grooming room/ laundry room/ storage and plant room. 19

4 Ground Floor twenty one dog units/ food preparation and store/ office/ treatment and grooming room/ sluice room and store/ laundry and store room. Block 4 Cattery and Dog Isolation (Single Storey) Ground Floor twelve cat units/ five dog isolation units/ food preparation and store/ treatment and grooming room/ laundry room/ sluice room and store/ storage and plant rooms. Total: Dogs 58 units/kennels Puppies 5 units/kennels Cats 17 units/kennels Rabbits 10 units/kennels Ferrets 5 units/kennels Small Animals 2 rooms 5.0 CONSIDERATIONS 5.1 Local Plan Issues The application site is situated on the edge of the urban fringe which extends along Spital Lane and sits in an area of open countryside and a river and canal environment as defined in the Replacement Chesterfield Borough Council Local Plan adopted June Subsequently the following policies are deemed applicable: GEN6 (Community safety), GEN8 (Access for all), GEN10 (Sustainable design), EVR2 (Development in the open countryside), EVR6 (Protection of habitats), EVR7 (Protection of species), EVR8 (Protection of trees and woodlands), EVR10 (Development and flood risk), EVR11 (Surface water drainage), EVR13 (Protection and enhancement of river and canal environments), EVR27 (Percent for art), TRS8 (Car, motorcycle and cycle parking) and TRS12 (Provision for pedestrians and cycles) However the three main policies which specifically affect this site are EVR2, EVR10 and EVR Policy EVR2 which relates to the control of development in the open countryside states: Within the areas of open countryside and other open land planning permission will only be granted for new development which is necessary 20

5 for the needs of agriculture and forestry or is related to recreation, tourism or other types of farm or rural diversification provided that: a) The location of the development outside the settlement framework is sustainable; b) The proposal would not detract from an area where the open character of the countryside is particularly vulnerable because of its prominence or narrowness (including the quality of the landscape and any nature conservation interest); c) The scale, siting, design, materials and landscape treatment are such that the visual effect of the proposal is minimised and buildings are in keeping with their surroundings and reflect local character; d) The proposal would not lead to undue disturbance by the creation of excessive noise or traffic or the attraction of large numbers of people; e) The proposed development including any activities outside the building would avoid unnecessary urbanisation and sprawl and not materially harm the rural landscape Policy EVR10 relating to development and flood risk states that: Applications for planning permission in any part of the borough must take account of the potential for flooding due to surface water run-off and for its potential worsening through future climate change. Design solutions may be required to accommodate any potential flooding. All development proposals must be accompanied by a flood risk assessment appropriate to the scale and nature of the development. In areas of flood risk shown on the proposals map or otherwise identified by the Environment Agency, applications for developments will be subject to the following restrictions and requirements: In zone 3 areas identified as protected washlands - development will only be permitted in exceptional circumstances for essential infrastructure which cannot be practicably located elsewhere. In other zone 3 areas and in zone 2, planning permission will not be granted if the flood risk assessment indicates that the development would: 21

6 a) Increase the risks of flooding on site and/or elsewhere, whether upstream or downstream; or b) Be at risk of flooding itself; or c) Impede access to a watercourse for maintenance; or d) Not provide adequate flood mitigation and flood warning measures. In addition, the development should not adversely affect the biodiversity value of the floodplain or watercourses Policy EVR13 which relates to river and canal environments states: Planning permission will not be granted for development which would have a significant adverse effect on the existing character and/or the future potential for the improvement and enhancement of the environment of the rivers and the Chesterfield Canal and of the watercourses linking to them, as shown on the proposals map, including public access and recreation. Protection of natural features and marginal vegetation will be sought by condition or legal agreement and proposals to modify river and stream channels will be resisted unless essential as part of an approved canal or river restoration scheme Policy EVR2 is designed to protect the openness of the countryside and to ensure that only appropriate development and uses are located within these areas. This proposal relates specifically to the improvement of an existing use already located in the countryside and which has existed for many years. Whilst the redevelopment proposals are contrary to the policy, and the use is not one which is listed specifically in the policy text, it is arguable that the use is one which is best located away from residential areas. A continuation of the use on the urban fringe location of the application site would seem entirely appropriate. The development increases the floorspace from 1052 square metres to 2113 square metres, with an increase in built footprint calculated from approximately 5.7% to 11.6%. The development also extends further to the east than the current built footprint. It is considered however that with the introduction of green roofs and a more sensitive treatment of the proposed buildings, any loss of openness is somewhat mitigated and will remain relatively minor. 22

7 5.1.7 Part of the application site lies within Flood Risk Zone 3, which triggers policy EVR10 and the requirement for the applicant to submit a Flood Risk Assessment (FRA). Details in the FRA demonstrate that adequate measures can be implemented into the redevelopment proposals to protect the site from the risk of flooding. In addition to the above the Environment Agency has been consulted and have raised no objections (see paragraph 6.7) Having regard to the requirements of EVR13 the redevelopment proposal is considered to respect the existing river environment and alignment of Spital Brook and will not detract from the overall appearance and environment of the surrounding area More specifically the layout of the redevelopment proposals will make the site more user friendly and will allow for improved public integration and circulation throughout the site. The Crime Prevention Design Advisor is happy that the proposals will not give rise to any community safety concerns and evidence submitted in the Design and Assessment statement ensures the site is fully accessible. In addition buildings have been designed and orientated to maximise daylight and solar gain and to allow natural ventilation. Porous surfaces and green roofs will also reduce visual impact and surface water run-off. Subsequently it is felt that the proposals generally accord with Policies GEN6, GEN8, GEN10 and EVR By virtue of its location, topography and the adjoining water course, certain characteristics on the edge of or just outside the application site could offer a desirable habitat for a range of local biodiversity and in accordance with Policies EVR6, EVR7 and EVR8 regard must be had to the protection of trees, habitats and species. The redevelopment proposals are concentrated along the existing site contours on areas currently used by the centre for grazing and will not extend towards the watercourse running through the site. However the question as to whether those areas on the edge of or adjacent to the site may accommodate protected species such as bats and water voles must be considered. Water voles are known to inhabit both watercourses and their associated embankments; however their burrows do not typically extend beyond the edge of the river bank. There has been no evidence to suggest that there are water voles present along this particular section of Spital Brook, however it is fair to assume, on the basis that the building works 23

8 proposed are situated a minimum of 10m from the southern river bank, that were water voles present along Spital Brook their habitat would not be disturbed by any of the works proposed. Similarly if there were bats inhabiting the trees lining either the southern river bank or the southern boundary of the application site, these would remain unaffected as the trees are to be retained to offer mature landscaping as part of the redevelopment scheme. Water Voles and Bats are offered legal protection through the Wildlife and Countryside Act 1981 and advice to the developer can be provided by means of an advisory note on any permission issued Figures provided by the applicant indicate development cost have been estimated at 3.53 million. Subsequently in accordance with Policy EVR27, which is triggered for development in excess of 1 million, a Section 106 agreement for a Percent for Art contribution should be negotiated. A draft agreement is currently with the applicants for their consideration The proposals set out indicate the provision of 23 dedicated parking spaces (inc 3 disabled spaces) in addition to a covered cycle area, 3 motorbike spaces and an area for overspill is available for open days. The proposals are subsequently felt to be in accordance with Policies TRS8 and TRS Neighbour Effect The application site, although accessed off Spital Lane, is positioned approximately 80m away from the boundary of the nearest residential property. Having regard to the potential for overlooking and/or overshadowing, the proposal is unlikely to impose any negative impact upon the surrounding neighbouring properties The application site is concentrated on the far side in the river valley dip beyond a mature line of trees along the watercourse and ultimately this will offer some additional noise screening to those properties along Spital Lane from the A While the proposals introduce to a certain degree an intensification in the built form as viewed from the properties along Spital Lane, the overall design of the redevelopment mitigates its visual impact through the careful positioning of buildings along the existing site contours and the introduction of single storey mono pitched green 24

9 roofs. The majority of the proposal will be screened from views off Spital Lane and dwellings by the watercourse landscaping which currently exists. In addition the two storey element of the proposal remains concentrated on the site of the existing buildings adjacent to the two storey dwelling on site. 5.3 Appearance Issues Lying between the river channel and the A617 embankment, the application site contours increase from north to south. The layout of the redevelopment has been devised to follows the natural contour of the land, with development being concentrated into two linear blocks that stretch from east to west. This enables the development to sit in a tiered arrangement that blends comfortably within its surrounding landscape and environmental context. Like the existing buildings on the site the new buildings will be cut into levels where possible. From the bypass side the new buildings will be screened behind the existing highway landscaping Whilst it is recognised that the proposal does include an increase in the built footprint, it is felt that the building design has to some degree been informed by the surrounding landscape and the way in which the buildings have been sited and orientated dissipates any negative visual disturbance of the landscape In direct scale and massing terms, the proposal is designed to contain the proposed two storey element of the development within the area that is the existing built footprint adjacent to the two storey dwelling on site. The single storey blocks which will extend beyond are designed with mono-pitched roof lines to limit their visual appearance. This is greater achieved with the incorporation of green roofs along the roof planes of the single storey blocks that are angled to face south The overall design of the redevelopment proposal are considered to be well informed and in context with the appearance and characteristics of the surrounding land form. 5.4 Highways Issues Comments received from the Local Highways Authority raising the following comments: 25

10 Whilst the number of animals to be sheltered is not intended to increase, it is possible that intensified vehicular use of the access may result post development. In order to allay this concern, I note that a significant increase in, marked out, off street parking spaces is proposed together with additional improvements to the access routes. However whilst I am of the opinion that modifications may be made to the existing vehicular access onto Spital Lane, there is little detail of what improvement can be achieved nor any detail of improved forward visibility at the Centre end of the access road. It would appear that the pedestrian facility is to be demarked by surface marking that, whilst not affording pedestrians with a deal of safety, will allow additional passing width for vehicles at the entrance when necessary. I note that the proposed passing bay will need to accessed by crossing the pedestrian route On the basis the applicant is able to demonstrate and provide details of measures to address the access concerns raised above the Local Highways Authority have no objections to the proposals subject to the following conditions: 1. Before any other operations are commenced detailed designs shall be submitted to the Local Planning Authority for written approval indicating the proposed modifications to the site access and access track, the proposed works being completed in accordance with the approved scheme prior to the commencement of any other works and maintained throughout the life of the development as approved. 2. The premises the subject of the application, shall not be taken into use until space has been provided within the application site in accordance with revised application drawings for the parking/ loading and unloading/ picking up and setting down of passengers/ manoeuvring of visitors/ staff/ customers/ service and delivery vehicles (inc. secured covered cycle parking), laid out, surfaced and maintained throughout the life of the development free from any impediment to its designated use. 3. There shall be no gates or barriers within 10m of the nearside highway boundary and any gates shall open inwards only. 26

11 5.4.3 With regard to the third suggested condition by DCC Highways, it was noted during the site visit that the centre already have a pair of gates installed at the entrance to the access road off Spital Lane. There is no record of these gates ever having had planning permission, however it is known that these gates have been installed at the premises for more than 4 years and are therefore now deemed to be lawful. Subsequently it would be unreasonable to impose this suggested condition. There is no problem however in imposing the other two conditions. 6.0 REPRESENTATIONS 6.1 Site notices have been posted on Spital Lane and Meadowhill Road and advertisements placed in the local press. 6.2 Fifty eight neighbour notification letters have been sent to local residents. No letters of objection have been received. 6.3 Design Services Comments received raising no objections subject to an advisory note referring to the Council s Minimum Standards for Drainage guidance note. 6.4 Crime Prevention Design Advisor No objections raised, advice given to the applicant/agent with regard to the potential risks over a shared public/private building and the best security/locking mechanisms that can be installed to control this. 6.5 Yorkshire Water Comments received from Yorkshire Water raised preliminary concerns in relation to the presence of a public sewer which crossed the site and the proximity of the proposed buildings to the sewer line. Further consultation with Yorkshire Water revealed that although the public sewers could be identified from maps that are available for public inspection these are not entirely accurate in showing the actual line of the sewer (even those held by Yorkshire Water). Their advice was that the applicant undertook a topographical survey to identify the manholes on site which would depict the sewer run. A topographical survey was undertaken by the applicant in connection with the flood risk assessment submitted and the line of the sewer identified. Under normal circumstances Yorkshire Water 27

12 request a 3m protection zone either side of the centre line of the public sewer to allow for maintenance and access. Revised plans were submitted which clearly show the proposed buildings to be positioned 3m clear of the sewer line and Yorkshire Water has withdraw their initial concerns subject to the following conditions: 1. Unless otherwise in writing by the LPA, no building or other obstruction shall be located over or within 3.0 (three) m either side of the centre line of the public sewer, which crosses the site. (In order to allow sufficient access for maintenance and repair work at all times) 2. The site shall be developed with separate systems of drainage for foul and surface water on and off site. (In the interest of satisfactory and sustainable 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 LPA. (To ensure the development can be properly drained) 4. Unless otherwise agreed in writing by the LPA, 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 building shall be occupied or brought into use prior to the completion of the approved foul drainage works. (To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal) 5. Surface water from areas that are likely to be contaminated by the faeces from animals/livestock shall be passed through adequate facilities for interception and/or maceration of solids before discharge to the public foul or combined sewer network. (In the interests of satisfactory drainage) These conditions can be placed on any permission issued. 28

13 6.6 Environmental Services Comments received raising no objections subject to the following conditions and advisory notes: Conditions 1. Standard construction hours limitation. Advisory notes 1. Standard advice re: intruder alarms 2. Standard advice re: lighting 3. Standard advice re: waste management Again these matters can be dealt with in any permission issued. 6.7 Environment Agency Comments received raising no objections subject to the following condition: a. The development hereby permitted shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) by Weetwood dated September 2008 and the following mitigation measures detailed within the FRA: Finished floor levels of new buildings are set no lower than 78.9m above Ordnance Datum (AOD). Again these matters can be dealt with in any permission issued. 7.0 HUMAN RIGHTS ACT Under the Human Rights Act 1998, which came into force on 2 nd October 2000, an authority must be in a position to show: Its action is in accordance with clearly established law The objective is sufficiently important to justify the action taken The decisions taken are objective and not irrational or arbitrary The methods used are no more than are necessary to accomplish the legitimate objective The interference impairs as little as possible the right or freedom 7.2 The action in considering the application is in accordance with clearly established Planning law and the Council s Delegation scheme. 7.3 The objective of arriving at a decision is sufficiently important to justify the action taken over the period of the life of the application. 29

14 7.4 The decision taken is objective, based on all planning considerations and is, therefore, not irrational or arbitrary. 7.5 The methods used are no more than are necessary and required to accomplish the legitimate objective of determining an application. 7.6 The interference caused by a refusal, approval or approval with conditions, based solely on planning merits, impairs as little as possible with the qualified rights or freedoms of the applicant, an objector or consideration of the wider Public Interest. 7.7 The recommended conditions are considered to be no more than necessary to control details of the development in the interests of amenity and public safety and which interfere as little as possible with the rights of the applicant. 8.0 PROCUDURE 8.1 In accordance with the General Development Procedure Order 1995 any application which the Council is minded to approve contrary to the Local Plan (a departure) should be advertised as a departure for a period of 21 days on site and in the local press for a period of 14 days. The prospect of approval of this development contrary to the development plan was carried out on 23 rd October 2008 and no subsequent objections or representations have been received. 9.0 ADDITIONAL RECOMMENDATIONS 9.1 That a Section 106 agreement be completed concerning Percent for Art funding before planning permission is issued. 30

15 10.0 RECOMMENDATION 10.1 That the application be GRANTED subject to the following conditions: 01. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 02. 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. 03. 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. 04. The site shall be developed with separate systems of drainage for foul and surface water on and off site. 05. Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 3 (three) metres of the line of the sewer, which crosses the site. 06. Unless otherwise agreed in writing by the LPA, 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 building shall be occupied or brought into use prior to the completion of the approved foul drainage works. 07. Surface water from areas that are likely to be contaminated by the faeces from animals/livestock shall be passed through adequate facilities for interception and/or maceration of solids before discharge to the public foul or combined sewer network. 08. The development hereby permitted shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) by Weetwood dated September 2008 and the following mitigation measures detailed within the FRA: 31

16 - Finished floor levels of new buildings are set no lower than 78.9m above Ordnance Datum (AOD). 09. The self contained accommodation hereby permitted shall not be occupied at any time other than for purposes ancillary to the main RSPCA centre. It shall not be identified or addressed as a separate postal address, shall not be occupied in the event that the use ceases and/or the site becomes unoccupied and shall not be occupied under any form of independent rental/lease contract. 10. Prior to the commencement of development hereby approved, details of the proposed modifications to the site access and access track, including the submission of cross sections demonstrating the provision of the access road passing bay, shall first have been submitted to and approved in writing by the Local Planning Authority. Only those works approved shall be implemented, prior to the commencement of any other works, and shall be maintained in perpetuity unless otherwise agreed in writing by the Local Planning Authority. 11. 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. 12. The car parking spaces detailed on the submitted plan shall be marked out in a permanent manner and available for use prior to the beneficial use of the building hereby approved. Thereafter the spaces shall remain clearly marked and available for their intended use unless otherwise agreed in writing by the Local Planning Authority. 13. 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. 32

17 14. 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. 15. Prior to the commencement of development, details of the proposed green roofs including type, depth and species, shall first have been submitted to and approved in writing the Local Planning Authority. Only those details approved shall be installed and shall be maintained in perpetuity unless otherwise agreed in writing by the Local Planning Authority. 16. 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 Reasons for Conditions 01. The condition is imposed in accordance with section 51 of the Planning and Compensation Act The condition is imposed in order to ensure that the proposed materials of construction are appropriate for use on the particular development and in the particular locality. 03. To ensure that the development can be properly drained. 04. In the interest of satisfactory and sustainable drainage. 05. In order to allow sufficient access for maintenance and repair work at all times. 33

18 06. To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal. 07. In the interests of satisfactory drainage 08. In the best interests of protecting the development from the risk of flooding. 09. The provision of an independent unit of living accommodation would not safeguard a sufficient degree of residential amenity for the occupants of either the existing dwelling or the proposed accommodation. 10. In the interests of highway safety. 11. In order to avoid the need for vehicles to park and turn on the highway in the interests of highway safety. 12. In the interests of highway safety. 13. The condition is imposed in order to enhance the appearance of the development and in the interests of the area as a whole. 14. In the interests of residential amenities. 15. In the best interests of visual amenity. 16. The condition is imposed in order to enhance the appearance of the development and in the interests of the area as a whole. Reason(s) for decision 01. While it is recognised that the redevelopment of the site must be considered as a departure from Policy EVR2 (Development in the Open Countryside) of the Local Plan it is felt that through considerate and sympathetic layout and building design; the visual impact of the development proposed has been designed as such to be mitigated and minimal. The proposals are both dynamic and innovative and as a result will enable the development to relate well to its surrounding environment and will offer an improved facility not only to the centre, but to the visiting public as well. 34

19 The proposal is not felt to give rise to any residential amenity or highway safety concerns and is considered to be in line with policies GEN6 (Community safety), GEN8 (Access for all), GEN10 (Sustainable design), EVR6 (Protection of habitats), EVR7 (Protection of species), EVR8 (Protection of trees and woodlands), EVR10 (Development and flood risk), EVR11 (Surface water drainage), EVR13 (Protection and enhancement of river and canal environments), EVR27 (Percent for art), TRS8 (Car, motorcycle and cycle parking) and TRS12 (Provision for pedestrians and cycles) of the Replacement Chesterfield Borough Council Local Plan adopted June Notes 01. The applicants attention is drawn to the attached sheet setting out the Coal Authorities standing advice concerning risks of development within the coalfield area 02. If work is carried out other than in complete accordance with the approved plans, the whole development may be rendered unauthorised, as it will not have the benefit of the original planning permission. Any proposed amendments to that which is approved will require the submission of a further planning application. 03. This approval contains condition/s which make requirements prior to development commencing. Failure to comply with such conditions will render the development unauthorised in its entirety, liable to enforcement action and will require the submission of a further application for planning permission in full. 04. Attention is drawn to the fact that, this permission is granted in conjunction with the completion of a separate planning obligation under Section 106 of the Town and Country Planning Act 1990 to which any developer should also refer. 05. Pursuant to Section 184 of the Highways Act 1980 and Section 86(4) of the New Roads and Streetworks Act 1991, at least 6 weeks prior notification shall be given to the Derbyshire County Council Area Maintenance Manager (contact Gail Mordey ext. 7603) before any works commence within highway limits. 35

20 06. The applicant should be advised that the requirement to use a solid bound material for driveways and parking spaces is for highway safety reasons. The introduction of loose material onto the highway, for example through vehicles leaving the driveway or through materials being washed onto the highway/footway in wet weather can cause danger to uses of the highway. This may result in the owners of individual dwellings being liable to prosecution under Section 151 of the Highways Act The use of a solid bound material would avoid these problems. 07. Attention is drawn to the attached notes relating to minimum drainage standards. 08. All external security lighting should be designed so as to control glare and overspill onto nearby properties. 09. If the applicant intends to install an intruder alarm the applicant is advised to notify the Environmental Services section of the Council of nominated key holder details (application forms are available on request from Environmental Services, Pollution Control, Town Hall, Rose Hill, Chesterfield, Derbyshire, S40 1LP). 10. Applicants/developers shall comply with the requirements of the council leaflet "Planning Refuse Storage Arrangements (available on the council's web-site) and the British Standards Institute Advice BS 5906" Waste Management in Buildings - Code of Practice. 11. The applicants attention is drawn to the fact that the site may accommodate protected species such as water voles and bats, particularly with the presence of the water course and trees on site. These species and their habitats are protected by the Wildlife and Countryside Act 1981 and the developer should seek further advice about carrying out development in close proximity to any such species. 36