Agenda item

23/00640/VAR - Application to vary condition 2 (approved plans) of application 22/00323/FUL to make amendments to the scheme - amendments inc. changes to roof lights and doors (inc. omitting some openings); increased floor areas to accommodate toilets, new openings and lights; increased hall and plant room floor area; and revisions to landscaping and drainage scheme - Shirebrook Cemetery, Common Lane, Shirebrook

Minutes:

Committee considered a detailed report in relation to the above application, presented by the Development Management and Land Charges Manager.

 

Members attention was drawn to the Supplementary Update Report which advised that the Lead Local Flood Authority had confirmed in respect of conditions 9 -11 of application 22/00323/FUL, that the following surface water details were acceptable:

 

  • SWH Letter to Derbyshire with accompanying Appendices 18/07/2023.
  • Scott White and Hookins. (25 - May 2022) FRA & Drainage Strategy Report.
  • 203810/Revision 1 b. Scott White and Hookins. (26 - May 2022) Drainage Layout.
  • 203810-SWH-ZZ-XX-DR D-0500-P02

 

In light of the above, if Members were minded to approve the application for completeness, recommended conditions 8 – 10 should be replaced with the two conditions as outlined in the Supplementary Update Report.

 

The application followed the approval of planning application 22/00323/FUL on 28th September 2022 for a new crematorium, including a wake facility, administration space, memorial garden, car park and landscaping.  At the technical design stage a number of changes to the development had been identified, which had necessitated the submission of this application. The application also addressed changes to foul drainage connections and landscaping.

 

The application sought permission under section 73 of the Town and Country Planning Act (1990) to make the following changes to the previously approved scheme.

 

  • Changes to roof lights and doors (inc. omitting some openings);
  • Increase floor areas to accommodate toilets, new openings, and lights; increased hall and plant room floor area, and;
  • Revisions to landscaping and drainage.

 

Moved by Councillor Duncan McGregor and seconded by Councillor John Ritchie

RESOLVED that the application be approved subject to the following conditions;

 

1.           Unless specifically stated in the conditions below, the development hereby permitted shall be carried out in accordance with the plans and documents approved in respect of application code ref. 22/00323/FUL, except where amended by the following details and plans:

 

·        Ground floor crematorium plan numbered 1481-A-10-01

·        Ground Arrangement Plan – Tranquillity and Flower Court Plan numbered 1481-A-10-02

·        Crematorium Roof Plan numbered 1481-A-10-03

·        Crematorium Elevations Plans numbered 1481-A-12-01, 02, and 03

·        Wake Facility Building General Arrangement Plan numbered 1481-A-50-01

·        Wake Facility Building Roof Plan numbered 1481-A-50-02

·        Wake Facility Elevations Plan numbered 1481-A-52-01

·        Boundary Treatment Plan numbered D200020_CDS_EN_ZZ_DR_L_006 REV 02

·        General Site Layout Plan numbered D200020 CDS EN ZZ DR L 01

·        Soft Landscaping Plan 1 of 7 - Trees, Seeding & Native Hedgerows numbered D200020 CDS_EN_ZZ_DR_L_020

·        Soft Landscaping Plan 2 of 7 - Front & Rear Of Building numbered D200020 CDS EN ZZ DR L 021

·        Soft Landscaping Plan 3 of 7 - Car Park & Adjacent Border numbered D200020 CDS EN ZZ DR L 022

·        Soft Landscaping Plan 4 of 7 - Flower Court to Wake Facility Borders numbered D200020 CDS EN ZZ DR L 023

·        Soft Landscaping Plan 5 of 7 – Tranquillity Garden, Wake Facility and Memorial Garden Plan numbered D200020 CDS EN ZZ DR L 024

·        Soft Landscaping Plan 6 of 7 – Bulb Planting numbered D200020 CDS EN ZZ DR L 025

·        Soft Landscaping Plan 7 of 7 – Site Entrance numbered D200020 CDS EN ZZ DR L 026

·        Hard Landscape Plan 1 of 2 numbered D200020 CDS EN ZZ DR L 028

·        Hard Landscape Plan 2 of 2 numbered D200020 CDS EN ZZ DR L 029

·        Gates, Fencing & Street Furniture Plan 1 of 3 numbered D200020 CDS EN ZZ DR L 040

·        Gates, Fencing & Street Furniture Plan 2 of 3 numbered D200020 CDS EN ZZ DR L 041

·        Gates, Fencing & Street Furniture Plan 3 of 3 numbered D200020 CDS EN ZZ DR L 042

·        Vehicle Access Plant Plan numbered D200020 CDS EN ZZ DR Y 004 Rev 03

·        Pedestrian and Cycle Access Plan numbered D200020 CDS EN ZZ DR Y 005 Rev 02

·          Location of Proposed Foul Water Connection Plan, and

·          Drainage layout drawings numbered DR-C-0503 C02, C06 and C07.

 

Reason:

For the avoidance of doubt and in order to define the planning permission.

 

2.               The buildings hereby approved shall be constructed in the materials set out in the CDS Group Proposed Materials Schedule that was approved in respect of application code ref. 23/00104/DISCON unless otherwise agreed in writing by the Local Planning Authority.

 

Reason:

To ensure a satisfactory standard of external appearance and in compliance with Policies SS1(h), SC1, SC2(g and i), and SC3(a, b, and e) of the Local Plan for Bolsover District.

 

3.               Before any other operations commence the existing vehicular access onto Common Lane shall be improved. The junction shall be laid out in accordance with the approved plan(s), constructed to base level, drained and visibility sightlines of 215m measured in each direction to the nearside edge of the carriageway, as measured from a point located centrally and 2.4m back into the access. The area within the sightlines shall thereafter be kept clear of any object greater than 1m in height (0.6m in the case of vegetation) above the nearside carriageway channel level.

 

Reason:

To ensure that the proposed development does not prejudice the free flow of traffic or the conditions of general safety along the neighbouring highway and to accord with policy SC3 of the Local Plan for Bolsover District.

 

4.         The proposed visitor parking shall be provided in accordance with the application drawings prior to first use of the facility. Once provided, the space shall be retained free from any impediment to its designated use for the life of the site.

 

Reason:

To ensure that the proposed development does not prejudice the free flow of traffic or the conditions of general safety along the neighbouring highway and to accord with policy SC3 of the Local Plan for Bolsover District.

 

5.         Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order (2015), (or any Order revoking, amending or re-enacting that Order) no gates / bollards / chains / other means of obstruction other than as set out on drawings numbered D200020 CDS EN ZZ DR L 040, Vehicle Access Plant Plan numbered D200020 CDS EN ZZ DR Y 004 Rev 03, Pedestrian and Cycle Access Plan numbered D200020 CDS EN ZZ DR Y 005 Rev 02 and drawings D200020-CDS-EN-22-DR-L-55 and 56 (Construction Details 6 and 7 of 8) approved in respect of application 23/00104/DISCON shall be erected across the approved access, unless details have first been submitted to and approved in writing by the Local Planning Authority.

 

Reason:

In the interests of highway safety and to accord with policy SC3 of the Local Plan for Bolsover District.

 

6.         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. The facilities shall be retained free from any impediment to their designated use throughout the construction period.

Reason:

In the interests of highway safety and to accord with policy SC3 of the Local Plan for Bolsover District.

 

7.         Throughout the period of development vehicle wheel cleaning facilities shall be provided and retained within the site. All construction vehicles shall have their wheels cleaned before leaving the site in order to prevent the deposition of mud and other extraneous material on the public highway.

 

Reason:

In the interests of highway safety and to accord with policy SC3 of the Local Plan for Bolsover District.

 

Drainage

 

1.    Prior to first occupation of the development hereby approved, the surface water drainage for the site shall be provided in accordance with the following details:

 

·        SWH Letter to Derbyshire with accompanying Appendices 18/07/2023.

·        Scott White and Hookins. (25 - May 2022) FRA & Drainage Strategy Report.

·        203810/Revision 1 b. Scott White and Hookins. (26 - May 2022) Drainage Layout.

·        203810-SWH-ZZ-XX-DR D-0500-P02.

 

unless otherwise agreed in writing by the Local Planning Authority. Construction activities should be managed in line with the CIRIA Guidance on the Construction of SuDS Manual C768, to ensure that the effectiveness of the sustainable drainage features is not compromised.

 

Reason:

To ensure that the proposed development does not increase flood risk and that the principles of sustainable drainage are incorporated into this proposal, and sufficient detail of the construction, operation and maintenance/management of the sustainable drainage systems are provided to the Local Planning Authority, in advance of full planning consent being granted and to accord with policy SC2 and SC7 of the Local Plan for Bolsover District.

 

9.         Surface water during the construction phase shall be managed in strict accordance with the details set out in document P301003 - Shirebrook Crematorium – Surface Water Run-Off Management by Dragonfly Developments.

 

Reason:

To ensure surface water is managed appropriately during the construction phase of the development, so as not to increase the flood risk to adjacent land/properties or occupied properties within the development and to accord with policy SC2 and SC7 of the Local Plan for Bolsover District.

 

10.       The Geocellular tank should not be brought into use until such a time as it is fully designed and constructed in line with CIRIA SuDS manual C753 and to the agreed specifications on document:

• “Drainage Layout” referenced 203810-SWH-ZZ-XX-DR-D-0500-P02 (dated 26 May 2022 by Scott White and Hookins.),

and an associated management and maintenance plan, in line with CIRIA SuDS Manual C753 is submitted to and approved in writing by the Local Planning Authority.

 

Reason:

To ensure that the proposed attenuation pond does not increase flood risk, that the principles of sustainable drainage are incorporated into the proposal, the system is operational prior to first use and that maintenance and management of the sustainable drainage systems is secured for the future and to accord with policy SC2 and SC7 of the Local Plan for Bolsover District.

 

11.       Prior to the first occupation of the development, a verification report carried out by a qualified drainage engineer must be submitted to and approved by the Local Planning Authority. This must demonstrate that the drainage system has been constructed as per the agreed scheme (or detail any minor variations), provide the details of any management company, and state the national grid reference of any key drainage elements (surface water attenuation devices/areas, flow restriction devices and outfalls).

 

Reason:

To ensure that the drainage system is constructed to the national Non-statutory technical standards for sustainable drainage and CIRIA standards C753 and to accord with policy SC2 and SC7 of the Local Plan for Bolsover District.

 

Ecology

 

12.       No construction work, soil stripping, demolition works or vegetation clearance shall take place between 1st March and 31st August inclusive, unless preceded by a nesting bird survey undertaken by a competent ecologist no more than 48 hours prior to clearance. If nesting birds are present, an appropriate exclusion zone will be implemented and monitored until the chicks have fledged. No works shall be undertaken within exclusion zones whilst nesting birds are present.

 

Reason:

In order to mitigate the biodiversity impacts of the development and in accordance with Policies SS1(i), SC2(d), SC3(i) and SC9 of the Local Plan for Bolsover District.

 

13.       The development shall be undertaken in strict accordance with the Construction Environmental Management Plan: Biodiversity V1 (CEMP: Biodiversity) by RPS Group dated 16.01.22 approved in respect of application 23/00104/DISCON. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

Reason:

In order to mitigate the biodiversity impacts of the development and in accordance with Policies SS1(i), SC2(d), SC3(i) and SC9 of the Local Plan for Bolsover District.

 

14.       Prior to first use of the facility the approved Landscape and Biodiversity Enhancement Plan (LBEP) V3 dated 10th February 2023 shall be updated to reflect the changes to the approved landscaping and the revised document submitted to the Local Planning Authority for approval in writing. The plan shall thereafter be carried out in accordance with the approved details.

 

Reason:

In order to mitigate the biodiversity impacts of the development and to ensure that satisfactory landscaping is provided within a reasonable period in the interests of visual amenity and biodiversity interests and in compliance with Policies SS1(h an i), SC2(d, h and i), SC3(a, b, e, f and i), SC9 and SC10 of the Local Plan for Bolsover District.

 

15.       If within a period of five years from the date of the planting of any tree or shrub that tree or shrub may die, be removed, uprooted, or become seriously damaged it shall be replaced by another of the same species during the first available planting season, unless a variation of the landscaping scheme is approved in writing with the Local Planning Authority.

 

Reason:

To ensure that any soft landscaping is suitably maintained in the interests of visual amenity and biodiversity and in compliance with Policies SS1(i), SC2(d, h and i), SC3(a, b, e, and i), SC9 and SC10 of the Local Plan for Bolsover District.

 

16.       The external lighting shall be carried out in accordance with the External Lighting Strategy Rev C dated 17/06/2022 by CDS Group and no bat box shall be installed in areas where the proposed lux exceeds 1 (as per the Lighting Strategy).

 

Reason:

To safeguard bats and maximise the biodiversity value of the site of in accordance with Policies SS1(i), SC2(d), SC3(i) and SC9 of the Local Plan for Bolsover District.

 

17.       The development shall be completed in accordance with the details on the Hard Landscaping Plans numbered D200020 CDS EN ZZ DR L 028 and D200020 CDS EN ZZ DR L 029 and the Hard Landscaping Materials Schedule dated May 2022 (except where amended by the above plans) prior to the site being bought into first use.  The details thereafter shall be maintained throughout the life of the development as approved. 

 

Reason:

To ensure that satisfactory landscaping is provided within a reasonable period in the interests of visual amenity and biodiversity interests and in compliance with Policies SS1(h an i), SC2(d, h and i), SC3(a, b, e, f and i), SC9 and SC10 of the Local Plan for Bolsover District.

 

Contamination / Noise

 

18.       If during the development, any contamination is identified that has not been considered in the Phase II Geoenvironmental and Geotechnical Report, then additional remediation proposals for this material shall be submitted to the Local Planning Authority for written approval. Any approved proposals shall thereafter form part of the Remediation Method Statement for the site.

Reason:

 

To protect future occupiers / users of the development, buildings, structures/services, ecosystems, and controlled waters, including deep and shallow ground water and in compliance with Policies SS1(m&n), SC1(e), SC2(d,m,n&o), SC13 and SC14 of the Local Plan for Bolsover District.

 

19.       Prior to first operation of the development an independent validation report must be submitted demonstrating that any remediation works carried out under condition 20 above have been carried out satisfactorily and remediation targets have been achieved and this report shall have been produced by a suitably qualified independent body. The report shall provide verification that the remediation works have been carried out in accordance with the approved Remediation Method Statement(s) and post remediation and monitoring results shall be included in the report to demonstrate that the required remediation has been fully met.

 

Reason:

To protect future occupiers / users of the development, buildings, structures/services, ecosystems, and controlled waters, including deep and shallow ground water and in compliance with Policies SS1(m&n), SC1(e), SC2(d,m,n&o), SC13 and SC14 of the Local Plan for Bolsover District.

 

20.       Prior to the development being bought into operation, a further noise report validating that the development will achieve the operational noise levels  as set out in Table 2 of the Noise Impact Assessment shall be submitted to and approved in writing by the Local Planning Authority.  The development use shall only commence upon agreed of the validation report and measures deployed to achieve operational noise levels as agreed shall be retained and maintained throughout the lifetime of the development. 

 

Reason:

To protect the amenity of future operators and nearby residential neighbours of the development in compliance with Policies SC3 and SC11 of the Local Plan for Bolsover District.

 

21.       The development shall operate in accordance with the Employment and Skills Plan Method Statement approved in respect of application code ref. 23/00104/DISCON throughout its lifetime unless otherwise agreed in writing by the Local Planning Authority.

 

            Reason:

To maximise potential local skills, training, and employment opportunities and to accord with policy II2 of the Local Plan for Bolsover District.

Supporting documents: