Case Officer: Lisa Howard File No: CHE/15/00464/FUL Tel No: Plot No: 2/2165, 1343 ITEM 3

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1 Case Officer: Lisa Howard File No: CHE/15/00464/FUL Tel No: Plot No: 2/2165, 1343 ITEM 3 PROPOSED RESIDENTIAL DEVELOPMENT COMPRISING OF 9 X 3 BEDROOM HOUSES AND 10 X 2 BEDROOM FLATS AT LAND TO THE REAR OF 79 SHEFFIELD ROAD, STONEGRAVELS, CHESTERFIELD, DERBYSHIRE FOR BEAUCHIEF HOMES LIMITED. Local Plan: Ward: Unallocated St Helens 1.0 CONSULTATIONS Highways DCC Ward Members Parish / Town Council Drainage Services Environmental Services Leisure Services Flood Risk Management DCC Yorkshire Water DCC Education / Planning Community Housing Chesterfield Cycle Compiegne Forestry Officer Urban Design Officer No objection subject to conditions No comments received No comments received No objection subject to condition No objection subject to condition No comments received Standing advice No comments received No comments received at the time of preparing this report Affordable housing requirement necessary subject to viability No comments received No objection subject to condition Object, see design section of report Coal Authority Site falls within the defined 13

2 Development Low Risk Area. The Coal Authority s Standing Advice applies in the interests of public health and safety. Neighbours / Site Notice The application was publicised via a site notice, in the local press and by neighbour notification letter. 1 no. representation has been received which raises no objection to the development. 2.0 SITE LOCATION AND DESCRIPTION 2.1 The site is 0.34 hectares in area and located on the eastern side of Sheffield Road, positioned between a block of 4 no. flats to the south and an A1 retail unit (Fishing tackle shop) to the north. The site is currently vacant and heavily wooded with mature trees. The applicant has assembled the site by acquisition of land from the Council and purchase of the former Jehovah Witness site to create a single site. 2.2 The raised platform which formed part of the former Jehovah Witness centre is located to the northwest of the site and forms the boundary fronting onto Sheffield Road. The fishing tackle shop and the rear boundaries of 3 no. residential properties that front Hazelhurst Avenue form the north site boundary. To the rear of the site (east) are the premises of the Derbyshire Chamber of Commerce and a facility for Derby University. There is no defined boundary to the south, however the existing woodland located to the south is to be retained. A closed board timber fence forms the boundary to the east which separates the development site from the rear boundary of flats 1, 2, 3 and 4 at 73 Sheffield Road. 2.3 The site slopes down gradually from the west to the east and comprises a number of trees which are covered by a Tree Preservation Order. A large proportion of the trees on the site are suffering from Bleeding Canker and in very poor condition and in need of removal. 2.4 The immediate area is predominantly residential in character. However the area does still present a mix of uses within the immediate vicinity including Stone Gravel Depot opposite, the A1 retail unit to the north and Derbyshire Chamber of Commerce and a building occupied by Derby University to the rear. 3.0 SITE HISTORY 14

3 3.1 There is no site history relevant to the determination of this application. 4.0 THE PROPOSAL 4.1 Full planning application seeks a Proposed residential development of 9 no. 3 bedroom dwellings and 10 no. 2 bedroom flats. The development is to be arranged in a cul-de-sac formation with houses arranged mainly in two terraced blocks (and 1no. detached dwelling) to the south and east of the hammerhead and two blocks of flats to the north side of the access road. The application has been supported by the following documentation: Geographical and Geo-Environmental Phase 2 Site Investigation (Eastwood and Partners, January 2014) Arboricultural Method Statement (Weddle Landscape Design, July 2015) Design and Access Statement - Incomplete (C & A Design, July 2015) no. parking spaces are to be provided. 1 no. dedicated space is to be provided with each dwelling and parking for the flats and visitors to the site is to be in the form of an informal parking court type arrangement. It is stated within the D&A that bin stores are to be incorporated within the footprint of each of the properties and are designed to work on a 3 bin system. No details have been submitted in this regard. 4.3 At the time of writing, the provisions of the Section 106 agreement remain to be negotiated and this would include affordable housing and a possible public art scheme under its percent for art policy. If Members are mindful to grant consent for the application, then this will be subject to the signing of the Section 106 agreement. The applicant has agreed an extension of time to the planning application in order for this to be completed. 5.0 CONSIDERATIONS The Development Plan 5.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and Section 70(2) of the Town and Country Planning Act 1990 require that applications for planning permission must be determined in accordance 15

4 with the development plan unless material considerations indicate otherwise. The relevant Development Plan for the area comprises of the saved policies of the Replacement Chesterfield Local Plan adopted June 2006 (RCLP) and the adopted Chesterfield Local Plan Core Strategy. Chesterfield Local Plan: Core Strategy ( Core Strategy ) The following policies are of relevance: CS1 CS2 CS3 CS4 CS6 CS7 CS8 CS9 CS10 CS11 CS17 CS18 CS20 Spatial Strategy Principles for Location of Development Presumption in Favour of Sustainable Development Infrastructure Delivery Sustainable Design and Construction Managing the Water Cycle Environmental Quality Green Infrastructure and Biodiversity Flexibility in delivery of Housing Range of Housing Social Infrastructure Design Influencing the Demand for Travel National Planning Policies 5.2 The Sections of the National Planning Policy Framework (NPPF) considered relevant to the decision are; 1. Building a Strong, Competitive Economy 4. Promoting sustainable transport 5. Supporting High Quality Communications Infrastructure 6. Delivering a Wide Choice of High Quality Homes 7. Requiring good design 8. Promoting Healthy Communities 10. Meeting the challenge of climate change, flooding and coastal change 11. Conserving and Enhancing the Natural Environment. 5.3 Supplementary Planning Documents relevant to the decision are; SPD Successful Places A guide to sustainable housing layout and design (adopted 24th July 2013). 5.4 Key Issues 16

5 1. Principle of Development 2. Design and Amenity 3. Highway Safety and Parking Provision 4. Pollution Control 5. Land Stability 6. Ecoloogy 7. Flood Risk/Drainage 1. Principle of Development 5.5 Policy CS1 sets out that the overall approach is to concentrate new development within walking and cycling distance of centres and focus on areas that need regenerating. Having regard to policy CS1 the site is within approximately a 10 minute walking distance of Chesterfield town centre, which offers services and amenity facilities. Furthermore the site is well connected to a variety of public transport options that are available along Sheffield Road and in the town centre with bus stops located near by. 5.6 In accordance with policy CS1, the development will contribute towards the delivery of housing in the borough. The Council cannot currently demonstrate a five year housing land supply and local housing delivery has not recently been meeting objectively assessed need. The Council sold the land to the applicant specifically for the purpose of residential development. 5.7 In addition to the above policy CS2 relates to the principles for the location of development and considers set criteria in respect of the specific location of developments for assessing proposals. The site is located close to public amenities and provides opportunities for walking and cycling whilst contributing to the provision of housing in the borough. It is therefore considered that points (a) to (g) of policy CS2 are accorded with. 5.8 In accordance with policy CS4 the Council will normally require that onsite infrastructure requirements are met via planning conditions or a S106 agreement. Policy CS18 seeks to negotiate up to 1% of the total development costs where the scheme is over 1 million (excluding site acquisition) for a contribution to the design, implementation and maintenance of a public art scheme. It is not known at this stage whether the scheme will exceed the 1m threshold. 5.9 The Council is in the process of implementing a Community Infrastructure Levy (CIL). It is anticipated that the agreed CIL will be 17

6 implemented in spring 2016 and schemes will be become CIL liable from the day of adoption on any applications where a decision has not been made. The site is in a low viability ward and would therefore be liable for the lowest levy. Accordingly policy CS11 seeks to negotiate up to 20% affordable housing on development schemes of over 15 units and is therefore applicable in this case (4 units). Given the location in a low viability ward it is recognised that schemes may not be able to achieve the full suite of contributions and costs however a viability assessment has not been submitted with this application. Without an assessment the policy requirement should be negotiated however the terms of a s106 agreement should allow for viability evidence to be provided It is considered appropriate to seek high speed broadband by condition since this would accord with paragraph 42 of the National Planning Policy Framework and policy CS4 of the Core Strategy. Development of houses to Lifetime Homes standard is not a requirement of the Councils policy and could not therefore be legitimately required in this case. It is also not appropriate to seek a contribution to household waste recycling, recommended by Derbyshire County Council, as this is not reflected in the Councils core strategy policies The Deregulation Bill introduced earlier this year removes the ability for the Council to enforce Code for Sustainable Homes standards as outlined in policy CS6. Parking standards outlined in policy CS18 are also not enforceable due to these changes nevertheless, the site is located in a sustainable location in close proximity to town centre services and public transport links This development results in the development of previously developed land, in a sustainable location and accordingly the application is considered acceptable in principle. 2. Design and Amenity 5.13 In accordance with Local Plan: Core Strategy policy CS18 the scale and proportions of the development reflect the prevailing character of the surrounding area. Though it is noted that at 0.34 hectares in area the development represents a high density, having regard to the location of the site relative to Chesterfield town centre and good access to nearby public transport routes, this is not considered inappropriate in principle The layout of the development is arranged around a cul-de-sac formation and it is considered that the development reflects the character of other residential developments in the area. It is however 18

7 considered appropriate and reasonable to apply a condition that requires a hard and soft landscaping scheme to be submitted to and agreed by the Local Planning Authority Architecturally a simple design approach has been taken with limited detailing. Each dwelling is of the same design and scale which offers a strict sense of uniformity to the development. A simple but mixed palette of materials is proposed and is to comprise of red and blue brick and render to the walls and grey concrete interlocking roof tiles The front elevation of the flat blocks incorporates a tall central component containing the access lobby and stairwell. The Council s Senior Urban Design Officer has commented that the asymmetrical gable and fenestration give the buildings and awkward and ungainly appearance. Whilst these concerns are noted however, due to the orientation of the blocks, views of the central lobby would be limited from Sheffield Road. The design of the blocks relates to the wider scheme and it is therefore considered that this feature would not appear out of context when viewed in its setting. Nevertheless, it is still considered that improvements can be made in order to add more interest to this element of the scheme, which could be through larger windows, the introduction of glazing bars, brick headers and cills for example. It is appropriate to require such design changes via a condition on any approval granted In respect of residential amenity flat Blocks A and B are located in the north west corner of the site. Block A is set parallel to Sheffield Road and Block B is situated at right angles to Block A. Each block contains 5 no. two bedroom flats accessed off a central lobby/stairwell. The front elevation of Block A sits approximately 2m from the gable elevation of Block B The windows of bedroom 1 of the ground and first floor flats are located in the north western corner of Block A, directly facing the gable elevation of Block B. Given the limited separation distance of 2 metres, the development would create a substandard outlook and level of amenity to these flats. Additionally, the rear wall of Block B is positioned 1.5m from the north boundary wall of the site, which would create a cramped relationship and poor outlook for the ground floor units contained within this block at odds with policy CS18 and the Council s Success Places SPD An improved relationship could be achieved by repositioning Block B in order to provide greater separation distances of an additional 1.5 metres from Block A and 1.6 metres from the rear boundary, and this 19

8 can be required by condition The successful Places SPD provides guidance on the minimum level of amenity space required by property type. It is noted that the level provided by this scheme is less than that recommended. However the areas provided are commensurate with the prevailing character of the area. The site is located in a sustainable location with parks and other outdoor amenities within easy access. It is therefore not considered that a refusal on such grounds could be sustained. 3. Highway Safety and Parking Provision 5.21 Point (g) of policy CS18 seeks to ensure that all new developments provide safe and adequate vehicular access and parking arrangements In accordance with paragraph 39 of the National Planning Policy Framework, when setting local parking standards for residential and non-residential developments, consideration should be given to a) the accessibility of the development; b) the type, mix and use of the development; c) local car ownership levels; and d) an overall need to reduce the use of high-emission vehicles. However, a Ministerial Statement issued on 25 th March 2015 supersedes paragraph 39 stating that Local planning authorities should only impose local parking standards for residential and non-residential development where there is clear and compelling justification that it is necessary to manage the local road network The proposed development would allow for 1 no. parking space per unit with a limited visitor car parking provision. Derbyshire County Council Highways Section recognise in their comments that the level of parking provision is considered low. However, they comment that in light of the site being considered to be in a sustainable location, it is not considered that an objection on these grounds alone could be sustained. Nevertheless, they note that the applicant has potential to provide additional parking within the site, with it being considered that the current arrangement is likely to result in indiscriminate parking within the site which should be given some consideration The existing site access off Sheffield Road is to be used and widened to service the development. Derbyshire County Council has commented that whilst the proposed access is considered to be acceptable in terms of width and visibility they would request the access to take the form of a dropped kerb arrangement, maintaining pedestrian priority along Sheffield Road. This can be addressed by condition. 20

9 5.25 Conditions recommended by Derbyshire County Council are considered reasonable and appropriate to the development. Accordingly, this application is not considered to conflict with Core Strategy policies CS2, CS18 and CS20 in respect of effect on the highway network and travel demand and paragraph 35 of the NPPF. 4. Pollution Control 5.26 The application site is a brownfield site and accordingly policy CS8 applies. This policy comments that proposals for development on land that is, or is suspected of being, contaminated or unstable will only be permitted if the land is capable of remediation and fit for the proposed use It is noted that this application has been supported with Phase 2 site investigation and report where it concludes that no remedial measures are necessary. The Council Environmental Health Officer has commented that there is a possibility that contaminated ground could be found upon excavation and therefore a condition requiring a contingency plan must be put in place should any contaminated soils be identified Concern has been raised by Environmental Health in respect of noise control due to the location of the development on Sheffield Road and its proximity to a nearby factory. It is recommended that a noise assessment should be carried out to determine what impact these neighbouring sources of noise could have on the end users of the site. Though it is acknowledged that Sheffield Road is a busy road being one of the main routes into the town centre, the proposal will not introduce residential units closer to the road or Stagecoach Depot than currently exists. It is considered that the separation between noise generator is appropriate and therefore it is considered unreasonable for the council to request such a survey It is acknowledged that there is potential for noise nuisance during the construction phase of development. Though any disruption caused would be temporary, it is considered appropriate to apply a condition to limit the hours of work to 8:00am 5:00pm Monday to Friday, between 10:00am 1:00pm Saturday with no work permitted on Sundays or Bank Holidays. 5. Land Stability 5.30 The development site does not fall within the defined Development High Risk Area and is located instead within the defined Development Low 21

10 Risk Area. This means that there is no requirement under the risk-based approach that has been agreed with the LPA for a Coal Mining Risk Assessment to be submitted or for The Coal Authority to be consulted The Coal Authority recommend that in accordance with the agreed approach to assessing coal mining risks as part of the development management process, if this proposal is granted planning permission, it will be necessary to include The Coal Authority s Standing Advice within the Decision Notice as an informative note to the applicant in the interests of public health and safety. 6. Protected Trees 5.32 There are 25 individual trees on the site protected by Tree Preservation Order No Comments of the Councils Tree Officer have been noted The trees on the site have been neglected in the past and have had no maintenance. The Horsechestnut trees on the site reference T3-T5, T7, T9, T11-T13 and T23-T28 are all suffering from bleeding canker which causes the trees to shed their bark and quite often die. The life expectancy of the trees is therefore considerably reduced and the Council s Tree Officer has raised no objection to their removal on the basis that the opportunity for new planting will arise as part of the development. The two trees on the site frontage and the two nearest trees on the access are all to be retained making the impact on the Sheffield Road street scene less significant. 7. Flood Risk / Drainage 5.34 Policy CS7 seeks opportunities to increase the capacity of the floodplain safely, make space for water across the whole borough, and remove problems from the drainage network, particularly in connection with new development The existing site is impermeable hard surfacing (tarmac). A quarter of the proposed development is to comprise of soft landscaping, similarly hard landscaping is to be permeable and areas of non-permeable surfacing are to drain into a porous location within the site wherever possible Derbyshire County Council Flood Risk Management Team has referred to standing advice which comments that any alteration to the existing impermeable surface area of the development site may exacerbate surface water flood risk, so the introduction of new impermeable surface 22

11 should be limited where possible. Surface water drainage should be designed in line with the non-statutory technical standards for SuDS (March 2015) where reasonably practicable. Prior to designing the site surface water drainage, a full ground investigation should be implemented to fully explore the option of ground infiltration to manage the surface was in preference to discharging to a surface water body or public sewer system No drainage details have been submitted with this application and it is therefore considered reasonable to address this matter by an appropriately worded condition. 6.0 REPRESENTATIONS 6.1 At the time of writing, one representation has been received in support to the proposal and are detailed as follows: 6.2 Daniel Sellers (Address unknown): Although I support the redevelopment of this vacant brownfield land, I have a couple of observations / comments to make: 1. The proposed block of flats would look better if it had a symmetrical profile to the front elevation. 2. The entrance to the proposed development is on a very busy stretch of road with hatched lines where the proposed junction is to be located (opposite the Stagecoach bus depot entrance). Comment See paragraphs above 7.0 HUMAN RIGHTS ACT Under the Human Rights Act 1998, which came into force on 2nd 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. The 23

12 objective of arriving at a decision is sufficiently important to justify the action taken over the period of the life of the application. The decision taken is objective, based on all planning considerations and is, therefore, not irrational or arbitrary. The methods used are no more than are necessary and required to accomplish the legitimate objective of determining an application. 7.3 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. 7.4 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 CONCLUSIONS 8.1 The development can deliver housing of an appropriate scale and amount in a sustainable location, without causing detriment to local character. Subject to an appropriately worded condition to seek the relocation of Block B it is considered that the development could achieve an improved standard of amenity which would be considered acceptable. All outstanding matters can be addressed by means of conditions and a Section 106 Obligation. 9.0 Statement of Positive and Proactive Working with Applicants 9.1 The Government (since the 1st December 2012) requires LPA s to include a statement on every decision letter stating how they have worked with the applicant in a positive and proactive way, in line with the requirements in paragraphs 186 and 187 of the NPPF. 9.2 The applicant undertook pre application discussions with the local planning authority. Given that subject to conditions and a legal agreement, the proposed development would not conflict with the NPPF and with up-to-date Development Plan policies, it is considered to be sustainable development and there is a presumption on the LPA to seek to approve the application. The LPA has worked with the applicants agent to address outstanding matters and has considered if conditions and a legal agreement can address outstanding issues. The LPA has been sufficiently proactive and positive in proportion to the nature and scale of the development applied for. 24

13 9.0 ADDITIONAL RECOMMENDATION 9.1 That a s106 agreement be negotiated dealing with: negotiation of 20% Affordable Housing subject to a viability mechanism a percent for art scheme if the scheme is shown to exceed the 1m threshold 10.0 RECOMMENDATION 10.1 That subject to signing a s106 agreement concerning matters in para 9.1 above that the application be GRANTED subject to the following conditions: 01. The development hereby permitted shall be begun within three years from the date of this permission. Reason - The condition is imposed in accordance with sections 91, 56 and 93 of the Town and Country Planning Act Before any other operations are commenced, space shall be provided within the site for storage of plant and materials, site accommodation, loading, unloading and manoeuvring of goods vehicles, parking and manoeuvring of employees and visitors vehicles, laid out and constructed in accordance with detailed designs first submitted to and approved in writing by the Local Planning Authority. Once implemented the facilities shall be retained free from any impediment to their designated use throughout the construction period. Reason In the interest of highway safety and having regard to TPO trees located within the site. 03 No development shall take place until such time as a surface water drainage scheme that incorporates an appropriate number of surface water treatment stages to protect the receiving waterbody from adverse impacts from the development has been submitted to, and approved in writing by the Local Planning Authority. Reason - To ensure that surface water discharged from the site is managed appropriately to reduce the impacts of sediment, silt and pollutants derived from the site on the receiving waterbody. This will contribute to the ongoing water quality of the receiving environment and assist the Environment Agency with the successful delivery of the objectives of the European Union Water framework Directive (EU, 2000). 25

14 03 Before operations are commenced, the existing access to Sheffield Road shall be modified and provided with visibility sightlines extending from a point 2.4m from the carriageway edge, measuring along the centreline of the access, for a distance of 43m in each direction measured along the nearside carriageway edge, in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority. The area in advance of the visibility sightlines shall be retained throughout the life of the development free of any object greater than 1m in height (0.6m in the case of vegetation) relative to the adjoining nearside carriageway level. Reason- In the interests of highway and pedestrian safety. 04 The access shall not be taken into use until 2m x 2m x 45 degree pedestrian intervisibility splays have been provided on both sides of the access at the back of the footway, the splay area being maintained throughout the life of the development clear of any object greater than 0.6m in height relative to the footway level. Reason In the interests of pedestrian safety. 05 The approved residential units shall not be occupied until space has been provided within the application site in accordance with the application drawings for the parking and manoeuvring of residents, visitors and delivery vehicles, laid out, surfaced and maintained throughout the life of the development free from any impediment to its designated use. Reason To ensure a sufficient level of parking is provided and maintained in the interests of highway safety. 06 The proposed access drive to Sheffield Road shall be no steeper than 1 in 15 for the first 10m from the nearside highway boundary and measures shall be implemented to prevent the flow of surface water onto the adjacent highway. Once provided any such facility shall be maintained in perpetuity free from any impediment to their designated use. Reason In the interests of highway safety. 07 Notwithstanding the details as shown on the approved plans, prior to the commencement of development a plan demonstrating the relocation of Block B and consequential amendments shall be submitted to and agreed in writing. Block B shall be repositioned 1.6 metres to the south 26

15 and 1.5 metres to the east. The development shall only be carried out in accordance with those details agreed. Reason To ensure that the development provides and adequate standard of amenity. 08 Prior to the commencement of works in the construction of Block A or Block B, a revised elevation plan to demonstrate a redesign of the feature gable shown on the front elevation shall be submitted to and agreed in writing by the Local Planning Authority. Associated works shall proceed in accordance with those details agreed. Reason To ensure a design that appropriately responds to the site and surrounding area in accordance with Local Plan: Core Strategy policy CS Prior to the commencement of development, a detailed Method Statement shall be submitted to demonstrate: 1. How the proposed hardsurfacing proposed around T29 Horsechestnut and T30 Lime can be achieved with no loss of roots; 2. How the new roadway will be constructed including levels around the retained protected trees, with no excavations within the trees Root Protection Area s; 3. The removal and reconstruction of the front retaining wall having regard to tree protection; and 4. That if the hardsurfacing around T1 and T2 Lime is to be lowered, the developer must demonstrate that the round has been made up and the original tree planting depth is lower. Reason Having regard to the health and wellbeing of the protected trees within the site. 10 Prior to first occupation, a detailed hard and soft landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The submitted plan shall include details of surfacing, materials, a planting plan, species and plant specification. The landscaping as approved shall then be carried out no later than during the first planting season following the date when the development hereby permitted is ready for occupation or in accordance with a programme agreed in writing with the Local Planning Authority. All planted materials shall be maintained for five years and any trees or plants removed, dying, being severely damaged or becoming seriously diseased within 5 years of planting shall be replaced with others of similar size and species to those originally required to be planted. 27

16 Reason In the interests of amenity. 11 No development shall commence until information has been submitted to and approved in writing by the Local Planning Authority to demonstrate that the drainage scheme is designed so that peak flow of surface water from the completed development is restricted in accordance with S2 and S3 of the Defra Non-statutory technical standards for sustainable drainage systems (March 2015). Reason - To ensure that the development does not exacerbate off-site flood risk and complies with the Defra non-statutory technical standards for sustainable drainage systems (March 2015). 12 No building hereby permitted shall be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the Local Planning Authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in Annex F of PPS25 (or any subsequent version), and the results of the assessment provided to the Local Planning Authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: 1. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; 2. include a timetable for its implementation; and 3. provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. Reason In the interest of highway safety. 13 Unless otherwise approved in writing by the Local Planning Authority demolition, remediation or construction work to implement the permission hereby granted shall only be carried out on site between 8:00am and 6:00pm Monday to Friday, 9:00am to 1:00pm on a Saturday and no work on a Sunday or Public Holiday. The term "work" 28

17 will also apply to the operation of plant, machinery and equipment. Reason - In the interests of residential amenity and to accord with policy CS2 and CS8 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. 14 The development hereby approved shall include infrastructure to enable the dwellings to have high speed broadband. Reason - To ensure an appropriate infrastructure for the development in accord with policy CS4 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework paragraph Prior to the commencement of development of Block A details of the replacement front boundary wall to Sheffield Road shall be submitted to and agreed in writing by the Local Planning Authority. The agreed works shall be carried out in accordance with those details agreed and be completed prior to first occupation of Block A. Reason - In the interests of the amenity of the streetscene and to accord with policy CS2 and CS8 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. 16 All external dimensions and elevational treatments shall be as shown on the approved plans, with the exception of any approved non material amendment. Reason - In order to clarify the extent of the planning permission in the light of guidance set out in "Greater Flexibility for planning permissions" by CLG November Footnotes 01. 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 application. 02. Pursuant to Section 151 of the Highways Act 1980, the applicant must take all necessary steps to ensure that mud or other extraneous material is not carried out of the site and deposited on the public highway. Should such deposits occur, it is the applicant's responsibility 29

18 to ensure that all reasonable steps are taken to maintain the roads in the vicinity of the site to a satisfactory level of cleanliness. 03. The proposed new driveway should not exceed a maximum longitudinal gradient of 1 in Pursuant to S.278 of the Highways Act 1980 and the provisions of the Traffic Management Act 2004, no works may commence within the limits of the public highway without the formal written agreement of the County Council as Highway Authority. It must be ensured that public transport services in the vicinity of the site are not adversely affected by the development works. Advice regarding the technical, legal, administrative and financial processes involved in S.278 agreements may be obtained via es.devconpress@derbyshire.gov.uk. The applicant is advised to allow approximately 12 weeks in any programme of works to obtain a S.278 agreement 30