Agenda item

The Planning Manager (Development Control) presented the report which gave details of the application and highlighted the location and features of the site and key issues.

 

Councillor David Dixon, Ward Member, attended the meeting and spoke against the application.

 

The agent on behalf of the applicant attended the meeting and spoke in support of the application.

 

Committee considered the application having regard to the Bolsover District Local Plan, the Publication Version of the Local Plan and the National Planning Policy Framework.

 

The only matters for consideration in this application were whether the revised access arrangements would be safe and suitable for the proposed development.

 

The decision notice was to repeat the relevant conditions from the original planning permission, unless they had already been discharged, to provide additional clarity.

 

The approval was to be subject to a deed of variation to the existing s.106 legal agreement to make land available for the provision of a roundabout and a financial contribution of £111,450.34 towards highway improvements to ensure that the omission of a site access roundabout from this scheme would not prejudice or compromise the safe and efficient operation of the Treble Bob roundabout in the future. 

 

Moved by Councillor Deborah Watson and seconded by Councillor Jen Wilson

RESOLVED that Application 19/00257/VAR be approved subject to:

 

1. a condition requiring prior entry into a legal agreement to secure land for the provision of a roundabout and a financial contribution of £111,450.34 towards highway improvements within the local area prior to the commencement of development;

 

2. the following varied conditions: 

 

1. The development shall be carried out in complete accordance with the following approved plans, Drawing Nos.:

 

•      P17-0895 09A Location Plan

•      P17-0895 13B Ground Floor

•      P17-0895 14B First Floor

•      P17-0895 15C Elevations

•      P17-0895 16B Sections

•      P17-0895 17B GF Perspective

•      P17-0895 18B FF Perspective

•      P17-0895 19 Floor Areas

•      P17-0895 23G Proposed Layout.

 

2. Before the site is taken into use, (a) a new access junction shall be formed to Chesterfield Road broadly in accordance with application drawing number: LTP/3383/S1/01.01 Rev 0 produced by Local Transport Projects, and (b) the new access junction shall be laid out and constructed, lined, signed, drained and lit to adoptable criteria.

 

3. The premises, the subject of the application, shall not be taken into use until a footway has been provided between the new site access junction and the bus stop shelter on Chesterfield Road to the north east of the site, laid out and constructed in accordance with Derbyshire County Council's specification for adopted roads.

 

AND

 

3. the following conditions repeated from the original permission (application no. 17/00539/FUL)

 

Expiry Date

 

1. The development shall be begun on or before 1^st August 2021.

 

Prior Approval of Materials and Landscaping

 

2. Before construction commences on the erection of any building beyond the construction of the foundations for that building, a schedule of wall and roof materials shall first have been submitted to and approved in writing by the Local Planning Authority.

 

3. Prior to the erection of the proposed retaining walls / introduction of gabions on site, precise details of site levels as existing and as proposed and sectional details of the gabions and retaining walls shall be submitted to and agreed in writing by the Local Planning Authority. Thereafter, the development shall be carried out as approved.

 

4. Prior to the erection of any fences, railings or other similar items, the details of these shall be submitted to and approved in writing by the local planning authority. Thereafter, these items shall be constructed as approved prior to the development hereby permitted being taken into use.

 

5. Prior to the development hereby permitted being brought into use, full details of soft landscape works. including a programme for implementation, measures to encourage biodiversity, tree and hedgerow planting, and suitable mitigation for birds and reptiles, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the works shall be carried out as approved.

 

6. Prior to the installation of any external lighting except street lighting a detailed scheme shall have first been submitted to and approved in writing with the Local Planning Authority.  The scheme shall be implemented as approved and shall be designed to minimise light spillage outside of the site, it is designed to serve and into the sky.

 

Safeguarding Amenity

 

7. No goods, material or waste shall be stored outside the building(s) except in accordance with a scheme which shall have first been submitted to and approved in writing by the Local Planning Authority and implemented as agreed.  The submitted scheme shall include details of the height of storage and measures to contain and screen the material.

 

8. Sound from the entire commercial development shall, not exceed the residual noise level of 49dB LAR (1hr) daytime (7:00-23:00) and 43dB LAR (15min) night-time (23:00-7:00) corrected for acoustic features, measured at or calculated to, a position representing any residential boundary which may suffer a loss of aural amenity from sound associated with the development. The measurements and assessment shall be made in accordance with BS4142: 2014 Methods for rating and assessing industrial and commercial sound.

 

9. The jet wash shall only be used during daytime hours 08:00-19:00 Monday to Saturday and not at all on Sundays or Bank Holidays.

 

10. Any external plant equipment must comply with the design criteria in Table 12 of the Noise Impact Assessment (Ref 12359.01.v2 April 2018).

 

11. The workshop building shall be constructed with sound insulation in accordance with the recommendations within sections 4.15 and 4.17 of the Noise Impact Assessment (Ref 12359.01.v2 April 2018).

 

12. Prior to the start of development, a dust management plan for the construction phase and prior to the buildings being brought into use, a dust management plan for the operational phases of the development must be submitted and approved in writing by the Local Planning Authority and then implemented in full during construction and whilst the site is operational.

 

Drainage

 

13. Drainage systems on the site including

 

•              The proposed separate systems of drainage on site and off site

•              The proposed amount of domestic foul water to be discharged to the public foul sewer

•              The proposed amount of curtilage surface water to be discharged to the public surface water sewer at a restricted rate of 14.6 (fourteen point six) litres/second

•              the proposed use of the petrol/oil separator

 

shall be carried out broadly in accordance with the details submitted on drawing BARL - AWP - ZZ - XX - DR - C - 0200 (revision P3) dated 14/02/2018 that has been prepared by Alan Wood & Partners.

 

Highways

 

14. The premises, the subject of the application, shall not be taken into use until space has been provided within the application site in accordance with the approved drawings for the parking and turning of domestic and commercial vehicles, laid out and surfaced in a solid, bound material and maintained throughout the life of the development free from any impediment to its designated use.

 

15. No part of the development permitted by this consent shall be occupied until a revised Travel Plan has been submitted to and approved in writing by the Local Planning Authority.  The Travel Plan shall set out proposals (including a timetable) to promote travel by sustainable modes which are acceptable to the Local Planning Authority.  The Travel Plan shall be implemented in accordance with the timetable set out in that plan unless otherwise agreed in writing by the Local Planning Authority.  Reports demonstrating progress in promoting sustainable transport measures shall be submitted annually on each anniversary of the date of the planning consent to the Local Planning Authority for approval for a period of five years from first occupation of the development permitted by this consent.

 

16. No development within the application area shall be occupied or otherwise brought into use  until the works to the A616/A619 roundabout as broadly indicated on drawing number LTP/2439/T1/05.02 Rev A, subject to detailed design, have been completed to the satisfaction of the Local Highway Authority through consultation with Highways England and open to traffic unless an alternative mechanism for facilitating improvements to this junction has been agreed with the Local Planning Authority through consultation with the Local Highway Authority and Highways England.

 

Site Remediation

 

17. A detailed remediation scheme to address ground contamination issues including landfill gas and its potential for migration beyond the site, including all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures shall be submitted to the Local Planning Authority prior to commencement of the development hereby permitted.

 

18. The remediation scheme approved in accordance with condition 17 above, must be carried out in accordance with its terms, unless otherwise agreed in writing by the Local Planning Authority.  The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

 

19. Following completion of measures identified in the remediation scheme approved in accordance with condition 17 above, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.  The verification report will also provide for any long term monitoring of pollutant linkages, maintenance and arrangements for contingency action as approved in writing by the Local Planning Authority.

 

20. Piling or any other foundation designs using penetrative methods shall not be permitted unless it has been demonstrated to the Local Planning Authority and agreed in writing, that there is no resultant unacceptable risk to groundwater.

 

21. In the event that it is proposed to import soil onto site in connection with the development, the proposed soil shall be sampled at source and analysed in a laboratory that is accredited under the MCERTS Chemical testing of Soil Scheme for all parameters requested (where this is available), the results of which shall be submitted to the Local Planning Authority for approval.  Only the soil approved in writing by the LPA shall be used on site.

 

(Planning Manager (Development Control))