Case Officer: Sarah Scott File No: CHE/10/00566/FUL Tel. No: 345786 Plot No: 2/561 Date: 13 th December 2010 ITEM 5 PROPOSED DEMOLITION OF EXISTING PROPERTY AND CONSTRUCTION OF NEW BUILD RESIDENTIAL ACCOMMODATION CONSISTING 12 NO. FLATS WITH ANCILLARY TRAINING ROOMS AND OFFICES TO GROUND FLOOR (REVISED PLANS RECEIVED 14/11/2020) AT HARRIS HOUSE, 117 119 CHATSWORTH ROAD, BRAMPTON, CHESTERFIELD FOR STONHAM Local Plan: Unallocated Ward: Holmebrook Community Forum: Holmebrook & Rother 1.0 CONSULTATIONS DCC Highways Environmental Services Design Services Housing Environment Agency Yorkshire Water Crime Prevention Design Advisor C/Field Cycle Campaign Derbyshire Fire Officer Urban Design Officer Comments received see report Comments received see report No objections subject to minimum standards for drainage No objections Response received declining to comment (due to excessive EA workload) Comments received see report Comments received see report Comments received see report No comments received No comments received 69
Ward Members Community Forum Neighbours/Site Notice No comments received No comments received Three letters of representation received 2.0 THE SITE 2.1 The property the subject of the application is known as Harris House, and is a two storey detached property constructed of red brick (some painted), natural slate and white upvc windows. The site occupies a prominent location along the main road frontage situated in one of the commercial hubs of Chatsworth Road. 2.2 As can be seen from the photographs above and below the property, which was formerly a public house has been subject to several extensions to side and rear (comprising single and two storey). The site is serviced via access taken from Brickhouse Yard where there is a small service yard enclosed to the rear of the premises. 70
2.3 The site is adjoined to the west by the new retail units constructed on the former Petrol Station, known as 131 Chatsworth Road; No s 97 and 99 Chatsworth Road (owned by CBC) to the north east; the Zion Church and The Alma PH lie on the opposite side of Chatsworth Road to the south east and south west; and No s 1 to 29 Catherine Court and No s 40 to 50 Catherine Street lie on the opposite side of Brickhouse Yard to the north and north east. 3.0 SITE HISTORY 3.1 No previous planning history. 4.0 THE PROPOSAL 4.1 The application proposes the demolition of the existing property and the redevelopment of the site comprising the erection of a contemporary 4 storey building, comprising 12 no. 1 bedroom self contained flats and ancillary training, offices and staff accommodation. The use is to continue the existing use of Harris House as a short stay centre for vulnerable young people. 4.2 The development proposals detail a flat roof construction design with brick and render finish and rockclad panel detailing. Pedestrian access is retained to the rear (off Brickyard Lane) with bin store situated in the retained courtyard area adjacent to a rear access doorway. All Plant (inc. Solar Thermal Panelling) are contained within the plant room (level 1) and on the roof. 71
4.3 Internally the premises are arranged over 6 levels (with inter levels 2 and 4 created as a result of site level differences between Chatsworth Road and Brickyard Lane) as follows: 1. Main entrance, training room, office 1 (with link work room), office 2, plant room, staff room and w.c; 2. Flat 1 and rear entrance; 3. Flat 2, 3, 4, and 5; 4. Flat 6; 5. Flat 7, 8, 9 and 10; and 6. Flat 11 and 12. 4.4 The application is supported by the submission of a design and access statement; phase I bat and habitat survey (prepared by TEP); and flood risk statement (prepared by BGP). 5.0 CONSIDERATIONS 5.1 Local Plan Issues 5.1.1 The application site lies within the built framework of Brampton, defined in the Replacement Chesterfield Borough Council Local Plan (adopted June 2006). Policies HSN5, HSN6 and GEN10 of the Local Plan apply, as well as the Council adopted Supplementary Planning Documents on Sustainable Design and Designing Out Crime. 5.1.2 Policy HSN5 in the Replacement Chesterfield Borough Local Plan addresses the issue of layout and design of residential development (including flats, sheltered housing, hostels, residential homes, nursing homes and other residential institutions). In this instance, the relevant requirements are that residential developments (inc. the above) should provide: Innovative urban forms and building designs which result in higher densities and energy efficiency. A minimum density of 30 dwellings per hectare on all developments, except where this would be out of keeping with the established character of the surrounding area. A high quality living environment and a design and layout of buildings, open spaces and landscaping that protects and creates an attractive townscape and urban form, respecting and enhancing that of the surrounding area. 72
High standards of privacy, outlook and community safety. Adequate and safe highway access. 5.1.3 Policy HSN6 relates specifically to infill and backland residential development, indicating that the following criteria should be satisfied: It would be in keeping with the character of the surrounding area, in particular in terms of plot size, space between dwellings and the siting, scale and massing of buildings; It would not result in the loss of landscape features or boundary treatments which are important to the appearance of the locality; Reasonable levels of privacy would be maintained for existing and proposed dwellings; It would not have a materially detrimental effect on the amenities of adjoining or adjacent properties; It would provide a safe means of access and adequate parking in line with the current standards detailed in the appendix of the plan. Proposals involving the development of backland will only be acceptable where a comprehensive scheme is proposed with independent access and a properly formed cul-de-sac. The piecemeal development of individual back gardens, resulting in tandem development with access off shared drives and problems of traffic disturbance and loss of privacy to existing dwellings will not be acceptable. 5.1.4 Policy GEN10 details sustainable design requirements. Proposals should be designed to: Preserve or enhance the local distinctiveness of the natural and built environment; Respect the character of the locality in terms of scale, layout, density, height, massing, space architectural style, materials and landscape; Promote ease of access, reduce the need to travel and facilitate journeys by sustainable modes of transport; Minimise the consumption of energy and the production of waste and pollution; Optimise energy efficiency and the use of renewable energy sources. 73
5.1.5 In addition to the above, Planning Policy Statement 1 Delivering Sustainable Development has given a greater emphasis to the importance of good design stating: Good design should contribute positively to making places better for people. Design which is inappropriate in its context, or which fails to take opportunities available for improving the character and quality of an area and the way it functions, should not be accepted. 5.1.6 Policies GEN6 (Community Safety), EVR6 (Protection of Habitats), EVR10 (Development & Flood Risk), EVR11 (Surface Water Drainage), TRS1 (Transport Implications of New Development) and TRS10 (Off-Street Parking) of the Local Plan also apply. 5.2 Neighbour Effect 5.2.1 The application site is situated in an established built settlement comprising of a combination of residential and commercial properties. The site is adjoined to the east by the recently developed retail and café/bar units known as 131 Chatsworth Road; to the west by No s 95, 97 and 99 Chatsworth Road; to the south west and south east by the Alma PH and the Zion Church; and No s 1-29 Catherine Court and No s 40 50 Catherine Street lie to the north and north west. 5.2.2 The retail/commercial units comprising No s 131 Chatsworth Road lie on the recently redeveloped site to the west of the application proposals. Having regard to their commercial nature it is not felt the redevelopment of the site will introduce any adverse impact or compromise their commercial operation. Indeed the redevelopment of the site will contribute significantly to the operational function of the site and thus its relationship with adjoining commercial premises and the ultimate impression the building gives to the streetscene. 5.2.3 No s 95, 97 and 99 Chatsworth Road are the adjoining residential Council elderly persons bungalows sited to the west of the application site. It is fair to assume that the introduction of the new development of a greater scale and mass to that which currently exists will impose some impacts upon those residential neighbours in closest proximity. 74
Notwithstanding this the development has been carefully designed to ensure the scale and form of the building is at its least significant where it adjoins the rear garden boundaries of No s 97 and 99. Furthermore there are no windows proposed in the side elevation of the development which will overlook the rear gardens and elevations of No 97 and 99. To enable ease of comparison the dotted line on the application drawings shows the outline of the existing building on site in comparison with the scale of the proposals. It is noted that the footprint of the proposals have been set away from the shared boundary, in comparison to the existing side elevation of the existing dwelling which currently forms the boundary treatment between the site and No s 97 and 99. The proposal also contributes to lessen the visual impact of the development upon No s 97 and 99. Having regard to the above it is accepted that the development will impose some overbearing impact upon No s 95, 97 and 99 due to the scale and mass of the development proposals in comparison with the existing building on site. However on balance having regard to the design measures incorporated into the scheme to lessen the impact it is not felt that this impact alone could warrant the refusal of planning permission. 5.2.4 The Alma PH and the Zion Church are sited on the opposite side of Chatsworth Road to the application site. Having regard to their relative separation distances and the presence of dividing infrastructure, it is not felt the proposed development will have any adverse impact upon these facing neighbouring premises. 5.2.5 No s 1-29 Catherine Court and No s 40 50 Catherine Street are a combination of flats and terraced properties that are situated to the north and north west of the application site. Dividing these properties from the application site is the public thoroughfare leading from Chatsworth Road to Brickhouse Lane. 75
Taking into consideration the differing land levels between the application site and these properties; and subsequently the layout, perspective orientation and relative floor levels of upper flats 6, 7, 10 and 12 of the development it is not felt the development introduces any significantly adverse overlooking opportunities to these neighbouring properties. Furthermore at a separation distance of at least 20m between the farthest rear boundary of the application site and habitable room windows of those flats situated in Catherine Court and those properties along Catherine Street it is further emphasised that any view from windows in the rear elevations of the proposed development will not adversely overlook, overbear and/or overshadow these neighbours. 5.2.6 It is considered that the development produces an acceptable relationship with the surrounding properties and there are no policy objections to the proposal in this respect. 5.3 Appearance Issues 5.3.1 The proposals maximise development potential on site through the introduction of a vertical built form that also responds accordingly to the increasing site levels to the rear. Through its redevelopment the site offers a purpose built replacement facility for the applicant with a 50% increase in accommodation units. 5.3.2 Having regard to policies HSN5 and HSN6 of the Local Plan the layout and amount of development proposed is considered acceptable. While the development introduces an entirely new streetscene image, it retains the built form abutting the Chatsworth Road footway and the primary entrance remains on the Chatsworth Road façade. 5.3.3 It is considered that the scale and mass of the development responds accordingly to reflect the scale and siting of the tower of the Zion Church where there is an important pinch point on Chatsworth Road. The development creates one half of a gateway allowing views towards the town centre to be framed and offering a transition point between the concentration of commercial property surrounding the one way circulatory system to the east adjoining West Bars roundabout and the linear commercial frontages stretching to the west. 76
5.3.4 It is recognised that the proposed redevelopment purposely does not reflect the local vernacular of materials, colours and tones and introduces an unreservedly modern building. It does however respect the more recent development of Bradbury Hall site and the adjacent commercial development on the former petrol station. This is accepted, and is furthermore accentuated by the modern/contemporary developments which have already taken place in the vicinity. 5.4 Highways Issues 5.4.1 Comments received from the Local Highways Authority as follows: This Authority was consulted informally over proposals for the premises, the subject of this application. The proposals now put forward, however, differ from that commented on informally in that: The existing premises are to be demolished and a new building erected. The number of units to be provided has further increased; and The application form indicates that there are two car parking spaces associated with the premises (although it is unclear where these are located) which are to be lost. This Authority previously raised the issue of parking but accepted that the site is well served by public transport. In addition, whilst it is acknowledged that it is unlikely the residents will be car owners, there are seven staff. Although this according to the application form is not an increase over the current level, night shifts are involved where it is considered staff are most likely to use their own transport. It is not clear whether night shifts are part of the present working pattern. The ideal situation would be that any existing off-street parking is retained. It is further considered that before formal comments are provided on this application a survey of current staff modes of transport to and from the site be undertaken and submitted as part of the application in order that a more detailed picture of the issue of parking is available. 77
5.4.2 It is not clear why the Local Highways Authority make reference to previous informal discussions about the site that differ from the proposals now under consideration, as these bear no relevance to the considerations of the application as now submitted. Nor is it clear why a modal survey of the current staff would assist in the planning considerations of an entirely new development, particularly where it is clear no off road parking is proposed as part of the new scheme. 5.4.3 In the absence of any formal comment on the application proposals from the LHA the highway issues considered relevant are those relating to parking, connectivity and servicing of the site. 5.4.4 The application proposes that the site will be staffed on a 24hr basis, with the equivalent of 7 full time staff employed. This is as existing. It is clear the site proposes no off road parking provision, however having regard to the fact the site is located on a major trunk road; on the edge of the town centre; and is subsequently served by public transport connections, the lack of off road parking provision is not considered detrimental. Capacity exists on the surrounding highway infrastructure for motor vehicle parking (where highway restrictions are not in place and if demand from staff exists) however it is highly unlikely, taking into consideration the purpose for residential occupation at this building, that demand for parking will arise from residents. 5.4.5 The site benefits from a strategic location both close to the town centre and accessible to public transport services. It is therefore considered that in the absence of any off road parking provision the developer should look to promote a green travel plan for its staff who should have regard to the use of alternative transport methods. A suitable planning condition could be imposed requiring the submission of such in the instance that development is permitted. 5.4.6 In consultation with the Chesterfield Cycle Campaign suggestions were made that the scheme could go further to incorporate secure cycle parking facilities in the rear yard of the new development for staff or residents. While it is unclear whether, having regard to the nature of the site s management and operation, that the rear yard would be the best location for secure cycle parking; in accordance with the promotion of a green travel 78
plan (as per 5.4.5 above) cycle facilities should be required if permission is approved. 5.5 Flood Risk & Drainage 5.5.1 In accordance with Policies EVR10 and EVR11 of the Local Plan the application is accompanied by the submission of a Flood Risk Assessment (FRA) prepared by BGP. 5.5.2 The FRA concludes that the site lies outside of Flood Risk Zones 2 and 3 and is not at risk from Surface Water Flooding. Consultation comments were received from the Council s Design Services team and Yorkshire Water who raised no objections to the development proposals. 5.5.3 Both the Design Services team (through the Council s minimum standards for drainage) and Yorkshire Water advised that surface water discharge from the site to the existing drainage system would have to be restricted to a like for like rate; to ensure the development proposals do not place additional pressure upon the existing drainage infrastructure. In accordance with comments received planning conditions can be imposed upon the final decision notice, if permitted, to require subsequent approval of full drainage details. 5.6 Sustainability & Community Safety 5.6.1 In accordance with the Policy GEN10 of the Local Plan and the adopted Supplementary Planning Document on Sustainable Design, the Council s policy requires all new development to achieve a minimum rating of BREEAM Very Good, and achieve a 10% energy saving (above building regs). 5.6.2 Measures to achieve this standard include energy efficiency and saving measures installed within the development to improve its overall energy performance. The design specification detail for the development has not been fully provided however the plans indicates that hot water Solar Panels are to be incorporated on the flat roof and feasibility of an Air Source Pump is also to be considered. Accordingly if the development is approved, a condition should be imposed in accordance with the policy set out above to ensure the development at least achieves the required 79
BREEAM standard and the 10% energy saving through the incorporation of renewable energy technologies. 5.6.3 Having regard to Policy GEN6 of the Local Plan and the Council adopted Crime Prevention SPD consultation comments were sought from Derbyshire Constabulary s Crime Prevention Design Advisor (CPDA). Having reviewed the proposals the CPDA raised no objection to the redevelopment scheme but offered comment that the 450mm rail positioned along Brickhouse Lane should be of a type that does not allow misuse as a grind rail for skateboarders and that the window on level 6 overlooking the flat roof should be non-opening. 5.6.4 In response to the comments given by the CPDA, the level 6 window opening above the flat roof has a cill height 2.1m above the flat roof level. It would be unreasonable to require this window to be fixed, as it may serve as a fire escape window, however given the height differences it is unlikely unauthorised access to the flat roof will be obtained via this window. Comments in relation to the railing type will be passed to the developer and details of such a fixture will form part of the developments hard landscaping which, if development was permitted, would require subsequent conditional approval at a later date. 5.7 Landscape & Ecology 5.7.1 In accordance with Policy EVR6 of the Local Plan the application is supported by the submission of Phase I Bat and Habitat Survey prepared by TEP. The survey enables the Council, as Local Planning Authority, to consider the ecological value of the existing premises in light of its proposed demolition having regard to the Habitat Directive. 5.7.2 The Phase I Bat and Habitat survey concludes that the building is not inhabited by bats or any other ecological species, but notes its potential for future use by bats due the to roof construction and slate covering. The report gives recommendations for the incorporation of bat brick and/or boxes into the fabric of the new development to enhance the future ecological value of the site. A suitable planning condition could be imposed, if development was permitted, to incorporate the provision of bat boxes onto the new building. 80
6.0 REPRESENTATIONS 6.1 Two site notices posted and advertisements placed in local press. Seventeen neighbours notified, four letters of representation received as follows: 29 Catherine Street For years they have had to suffer the noise, disturbance and drug taking residents of the house; The staff on site have no control over the residents who come and go as they please; The plans are too big and an eyesore; Bringing more residents to the site will only make problems worse; and Would like to know where the money is coming from the fund the development of luxurious flats for people with drunk and drug problems when the Council is struggling to house people. The operation and management of the premises are matters which only the site management have control and planning legislation cannot impose operational requirements to control residents behaviour or lifestyle choices. It is the case however that the redevelopment of the site brings an opportunity to build a purpose designed facility which gives a better management opportunity of the residents. See section 5.3 regarding appearance The query over the source of funding is not a material planning consideration, nor is the personal circumstance or behaviour of the residents housed therein. 42 Catherine Street and 44 Catherine Street The size of the proposed dwelling will increase dramatically, overlooking their gardens and will feel very intimidating; More residents will create more noise; The size of the building will block out sunlight and will not be in keeping with the brick building buildings surrounding it; Having regard to the surrounding neighbouring uses (old people s homes, pubs and a church), surely there are more appropriate places to house young people with problems; 81
How will management at the house cope with more residents and less staff; The residents bring drugs to the area, and are often congregated to the rear of the premises taking drugs and drinking heavily; There was a major problem with a drug house on Catherine Street, which took several police visits to sort out increasing the number of residents at the site is likely to bring an increased demand for drugs and therefore dealers in the area; The so called community consultation undertaken by the applicant was poorly publicised giving local people little chance to contribute/comment on the scheme before now; The redevelopment of the site will devalue their property; and An increased number of residents at Harris House will become a nightmare for local people. See section 5.3 regarding appearance The operation and management of the premises are matters which only the site management have control, planning legislation cannot impose operational requirements to control residents behaviour or lifestyle choices. It is the case however that the redevelopment of the site brings an opportunity to build a purpose designed facility which gives a better management opportunity of the residents. The community consultation exercise undertaken by the developer is not mandatory to the planning application process. The Council cannot comment on the extent of this exercise undertaken or its adequacy. All statutory consultations have been followed as part of the Council s planning application procedure inviting residents via neighbour notification, site notice and advertisement in the Derbyshire Times to comment on the proposals. Owners of 131 Chatsworth Road (Adjacent commercial property) Large amounts of money have been invested in 131 and work is about to start at 42 Chatsworth Road with the Majestic Wine/Fabric Warehouse redevelopment. Things are happening on the road even in these trying times however the current proposal will have a massive negative effect. It is accepted that 82
it is important to support and care for the less fortunate members of society and it is vital to create a living environment which may get those involved back on the straight and narrow but there is no justification for building a new hostel directly on the towns premier road. Let common sense prevail. The site has great retail and leisure potential which could contribute to the evolution of the roads redevelopment including financially. There are many sites in more ideal locations that the development could be located including the land the Council owns. If approved it will mean prospective developers including Blue Deer will be looking elsewhere to invest their money. The comments are understood however the use already exists on the site and is part of the variety and mix of uses on the street. Retail and Leisure uses would be contrary to the local plan being outside of the district centre area. The new building will contribute to the developing Chatsworth Road corridor and will enhance the streetscene. 6.2 Comments received from Environmental Services raising no objections subject to the following: 1. Construction hours and delivery hours restricted by condition; 2. Undertaking of a suitable noise assessment and air quality assessment (flats adj. to busy road); and 3. Submission of noise insulation scheme details between flats. Advisory notes re: lighting overspill, waste, dust control and intruder alarm notification details. A condition limiting construction hours is justified given the proximity to the neighbouring bungalows. Having regard to the fact the development replaces an existing facility already in situ on the site, it is not considered a reasonable request to impose the submission of noise and air quality assessments upon this development. The level of noise insulation between flats within the residential accommodation is a matter dealt with under building regulations. It would therefore be ultra vires to impose a planning condition requiring approval through planning legislation. 83
7.0 HUMAN RIGHTS ACT 1998 7.1 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 It is considered that the recommendation is objective and in accordance with clearly established law. 7.3 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. 7.4 Whilst, in the opinion of the objector, the development affects their amenities, it is not considered that this is harmful in planning terms, such that any additional control to satisfy those concerns would go beyond that necessary to accomplish satisfactory planning control 8.0 CONCLUSION 8.1 The proposals embrace a contemporary design, which is particularly welcomed along this stretch of Chatsworth Road, and is considered to be of an appropriate siting, scale and mass. The development does not have a detrimental effect on the amenities of neighbouring residents or highway safety. As such, the proposal accords with the requirements of PPS3 and policies HSN5, HSN6 and GEN10 in the Replacement Chesterfield Borough Local Plan (adopted June 2006). 9.0 RECOMMENDATION 9.1 It is therefore recommended that the application be approved subject to the following: 84
Conditions 01. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 02. All external dimensions and elevational treatments shall be as shown on the approved plans with the exception of any approved non material amendment. 03. 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. 04. 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. 05. The site shall be developed with separate systems of drainage for foul and surface water on and off site. 06. 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. 07. Within 2 months of commencement of development, unless otherwise agreed in writing by the Local Planning Authority, details of a Green Travel Plan proposal shall be submitted to the Local Planning Authority for consideration. The proposal shall include details of its implementation and a monitoring programme. The Green Travel Plan approved in writing by the Local Planning Authority shall be implemented as approved, monitored and maintained as such thereafter 85
unless otherwise agreed in writing by the Local Planning Authority. 08. 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. 09. The residential units shall be designed and constructed to a minimum of BREEAM 'Very Good' residential 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 Planning Authority. 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. 11. 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. 12. Within 2 months of commencement of development, unless otherwise agreed in writing by the Local Planning Authority, full boundary treatment details of for the approved development shall be submitted to the Local Planning Authority for consideration. Only those details subsequently approved in writing by the Local Planning Authority shall be 86
implemented on site prior to the occupation of the development. 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. These works shall be carried out as approved prior to the first occupation of the development hereby approved. 14. Within 2 months of commencement of development and in conjunction with the submission of a Green Travel Plan, the applicant shall submit details demonstrating the provision of secure cycle parking either within or outside the building for approval. These facilities shall be provided concurrent with the occupation of the building, as per the approved scheme, and be made available for use by both staff and residents in perpetuity unless otherwise agreed in writing by the Local Planning Authority. Reasons for Conditions 01. The condition is imposed in accordance with section 51 of the Planning and Compensation Act 2004. 02. 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 2009. 03. 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. 04. To ensure that the development can be properly drained. 05. In the interest of satisfactory and sustainable drainage. 87
06. To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal. 07. To encourage the wider use of more sustainable methods of transport. 08. In the interests of optimising energy efficiency and the use of renewable energy sources in accordance with policy GEN10 of the Replacement Chesterfield Borough Council Local Plan (adopted June 2006) and the Council s adopted Supplementary Planning Document on Sustainable Design. 09. In the interests of sustainable development in line with the Councils adopted SPD on Sustainable Development. 10. In the interests of residential amenities. 11. In the interests of highway safety. 12. The condition is imposed in order to enhance the appearance of the development and in the interests of the area as a whole. 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 securing cycle provision for staff and residents to enable them to take advantage of alternative methods of sustainable transport. 88
Reason for decision 01. The proposals embrace a contemporary design, which is particularly welcomed along this stretch of Chatsworth Road, and are considered to be of an appropriate siting, scale and mass. The development does not have a detrimental effect on the amenities of neighbouring residents or highway safety. As such, the proposal accords with the requirements of PPS3 and policies HSN5, HSN6 and GEN10 in the Replacement Chesterfield Borough Local Plan (adopted June 2006). 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 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. 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 - 01629 580000 ext. 7603) before any works commence within highway limits. 89
05. 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 to ensure that all reasonable steps are taken to maintain the roads in the vicinity of the site to a satisfactory level of cleanliness. 06. Attention is drawn to the attached notes relating to minimum drainage standards. 07. All external security lighting should be designed so as to control glare and overspill onto nearby properties. 08. 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. 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). 90