PLANNING COMMITTEE. Monday, 26th April, Present - Councillor Barr (Chair)

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1 1 Councillor Arnold Bingham Blank Brittain Cooper Craw Davenport PLANNING COMMITTEE Monday, 26th April, 2010 Present - Councillor Barr (Chair) Councillor Falconer, G. Fields Galloway Gilby Lomas Qazi *Matters dealt with under the Delegation Scheme 0188 APOLOGIES FOR ABSENCE Apologies for absence were received from the Mayor and Councillor Redihough DECLARATIONS OF PERSONAL OR PREJUDICIAL INTEREST BY MEMBERS RELATING TO ITEMS ON THE AGENDA Councillor Bingham declared a personal interest in Minute No (Enforcement Report) because of a remote family connection to the individual concerned in the enforcement action relating to 18 and 20 Highfield Road MINUTES RESOLVED - That the Minutes of Planning Committee passed at the meeting held on 6th April, 2010 be signed by the Chair as a true record APPLICATIONS FOR PLANNING PERMISSION PLANS DETERMINED BY THE COMMITTEE (P030) *The Committee considered the under-mentioned application in light of a report by the Group Leader, Development Management and resolved as follows:- APPLICATION TO VARY CONDITION 12 OF CHE/09/00452/FUL REMOVAL OF PHOTOVOLTAIC SOLAR PANELS AND INSTALLATION OF AIR SOURCE HEAT PUMP AT THE BRIMINGTON SURGERY, CHURCH STREET, BRIMINGTON, CHESTERFIELD, S43 1JG FOR THE BRIMINGTON SURGERY That the officer recommendation be upheld and the application to vary Condition 12 of planning permission CHE/09/00452/FUL be granted. The reason for the decision

2 2 shall read as follows:- This decision approves the conditional variation sought under Section 73 relating to the installation of an Air Source Heat Pump as apposed to the Photovoltaic Cells originally detailed in Condition 12 of planning permission CHE/09/00452/FUL APPEALS REPORT (P000) The Group Leader, Development Management reported on the current position in respect of appeals which had been received and decided. *RESOLVED - That the report be noted BUILDING REGULATIONS (P920D) *The Chief Building Control Officer reported that pursuant to the authority delegated to him, he had determined the under-mentioned plans under the Building Regulations:- (a) Approvals 09/00378/DCC 10/00049/DEXF 10/00201/DEXF 10/00279/DCC Alterations to existing kitchen supply premises to accommodate local authority offices/business unit. Works to comprise internal alterations including new ceilings, partitions, flooring and associated mechanical and electrical services at 8 Hallsteads, Dove Holes, Buxton, Derbyshire for Derbyshire County Council Extension to rear at 31 Middlecroft Road, Chesterfield, Derbyshire S43 3XN for Pat McClune Two storey rear extension at 37 Malvern Road, Chesterfield, Derbyshire, S40 4DX for Mr and Mrs D Guard Pitched tile re roof and replacement rainwater goods at William Rhodes Primary School, Hunloke Avenue, Chesterfield, Derbyshire S40 2NR for Derbyshire County Council 10/00265/MULF Two storey rear extension and internal alterations at 67 Orchards Way, Chesterfield, Derbyshire S40 3DA for Mr and Mrs D Towndrow 10/00490/OTHF 10/00215/DCC Replacement of entrance canopy to hospital day unit at Walton Hospital, Whitecotes Lane, Chesterfield, Derbyshire S40 3HN for Derbyshire County Primary Care Trust Cellar conversion to form bedroom and shower room at 5 Rock Bank, Whaley Bridge, Derbyshire SK23 7LE for Mr Marchington

3 3 10/00244/DEXF 10/00245/DEXF 10/00442/DEXF 10/00446/MULF 09/00194/DCC 09/00146/OTHF 10/00273/DCC 10/00238/DCC 09/00842/DCC 09/00847/DCC 10/00437/DCC 10/00439/DCC Two storey extension with loft conversion at 17 Hazel Drive, Chesterfield, Derbyshire S40 3EN for Mr and Mrs Bonynge Single storey extension at 18 Clifton Street, Chesterfield, Derbyshire S40 1DQ for Mrs Natma Ayub Single storey rear extension at 2 Skiddaw Close, Chesterfield, Derbyshire S40 4RP for C R Hardie Single storey rear extension, extension to garage and internal alterations at 8 Waltham Croft, Chesterfield, Derbyshire S41 0UZ for Mr and Mrs S Ward Refurbishment of the existing Creative Arts Centre, with small extensions to the entrance lobby and plant room and associated external works at The Donut Creative Arts Studios, Springbank Road, Chesterfield, Derbyshire S40 1NL for Derbyshire County Council New build single storey wards for elderly persons mental health with central therapy facilities at Walton Hospital, Whitecotes Lane, Chesterfield, Derbyshire for Strata Construction Limited Installation of disabled persons level access wet floor shower facility at 15 Willows Close, Alfreton, Derbyshire DE55 7EQ for Amber Valley Housing Limited Re-roofing to flat roof area including scheme of falls insulation at Parkwood Centre, Alfreton Park, Alfreton, Derbyshire DE55 7AL for Derbyshire County Council Renewal of existing flat roof coverings to wood-wool deck at Gilbert Heathcote Infant and Nursery School, Sheffield Road, Whittington Moor, Chesterfield, Derbyshire S41 8NF for Derbyshire County Council Single storey side extension to provide disabled persons bedroom and assisted washing facilities at 60 Collingwood Road, Long Eaton, Derbyshire NG10 1DR for Mrs Dawson Flat roof recover at Kilburn Junior School, The Flat, Belper, Derbyshire DE56 0LA for Derbyshire County Council Replacement aluminium windows and doors at Granville Community School, Burton Road, Woodville, Swadlincote, Derbyshire DE11 7JR for Derbyshire County Council

4 4 10/00484/DIS 10/00209/DCC 10/00451/DCC 10/00040/DCC 10/00030/PART Ramp and larger door for disabled access at Ash Lodge Medical Centre, 73 Old Road, Chesterfield, Derbyshire for Ability Internal through floor lift and level access shower at 2 Keswick Drive, Chesterfield, Derbyshire S41 8HP for Mr W Staton Re-roofing to flat roof area including scheme of falls insulation at The Spinney, Woodlands, Chesterfield, Derbyshire S43 1BE for Derbyshire County Council Installation of new double doors at Woodville Infant School, Woodville, Swadlincote, Derbyshire DE11 7EA for Derbyshire County Council Proposed house and garage at plot 4 for Mr and Mrs K Bailey on land adjacent to Farm Cottage, 148 Hady Lane, Chesterfield, Derbyshire for M W Caddy (b) Decision Advice Notices 09/00858/DCC 10/00461/PART (Option A) Relocation of the existing reception and formation of new toilet facilities at Newhall Community Junior School, Chesterfield Avenue, Newhall, Swadlincote, Derbyshire DE11 0TR for Derbyshire County Council Proposed landlord s works to enable basement and ground floors of vacant listed building to be used as a shop for Aegon Management UK at Wheeler Gate, Nottingham NG2 2NA for Ward McHugh Associates 0194 APPLICATIONS FOR PLANNING PERMISSION PLANS DETERMINED BY THE HEAD OF PLANNING (P110D) *The Group Leader, Development Management reported that pursuant to the authority delegated to him, he had determined the under-mentioned applications subject to the necessary conditions:- (a) Approvals CHE/10/00034/FUL CHE/10/00074/RET CHE/10/00069/FUL Side extension to provide suite at 5 Ashover Road Chesterfield Derbyshire S43 3EG for Mr J Kennedy Retention of illuminated fascia sign at 38 St Marys Gate Chesterfield Derbyshire S41 7TH for Mr Mark Jennison Additional security fence behind existing Lea Hurst day unit at Walton Hospital Whitecotes Lane Chesterfield Derbyshire

5 5 S40 3HN for Derbyshire County Primary Care Trust CHE/10/00053/FUL CHE/10/00022/FUL CHE/10/00090/FUL CHE/09/00777/FUL New shop front including replacement of pvc rainwater goods with iron at She Fashions 56 Knifesmithgate Chesterfield Derbyshire S40 1RQ for She Fashion Proposed two storey extension to rear of property permission comprising bedroom and dining room at 229 Manor Road Brimington Chesterfield Derbyshire S43 1NS for Ms Lorraine McMahon Two storey pitched roof extension to side at 40 Netherleigh Road Chesterfield Derbyshire S40 3QJ for Mr Martin Reynolds Single storey rear and side extensions and pitched roof to existing garage at 164 Walton Road Chesterfield Derbyshire S40 3BS for Mr Tony Burnley CHE/10/00047/FUL Single storey side extension to form shower room at 94 Station Road Brimington Chesterfield Derbyshire S43 1LN for Mr Antonio Picillo CHE/09/00764/FUL CHE/10/00173/NMA Creation of a MUGA, a new natural play area with new play equipment and new areas of planting, additional information received 15th February 2010 and 22nd February 2010 at Recreation Ground Station Road Brimington Chesterfield Derbyshire for Mr John Burrows Reposition of building and relocation of 1 No. car parking space (CHE/09/00510/REM) at Plot 5 East M1 Commerce Park Markham Lane Duckmanton Chesterfield Derbyshire S44 5HS for Henry Boot Developments Ltd CHE/10/00050/FUL Remove existing upvc barrier (60 metres), replace with 60 metres of 1.3 metre high vertical bar railings to match existing at Gordon Lamb Skoda/Mitsubishi 6 Lockoford Lane Chesterfield Derbyshire S41 7JA for Gordon Lamb Ltd CHE/10/00052/FUL CHE/10/00033/FUL CHE/10/00188/CA Change of use from class B1 to class D1 including internal refurbishment at Ground Floor Spire Walk Business Park Derby Road Chesterfield for Lincolnshire NHS Shared Services Dropped kerb for vehicle access at 297 Hasland Road Chesterfield Derbyshire S41 0AA for Ms Debra Noakes Lime Tree - crown lift - 5.2m from ground level at Three Horseshoes High Street Brimington Chesterfield Derbyshire

6 6 S43 1DE for Mr Robert Reddish CHE/10/00027/FUL CHE/10/00031/CON CHE/10/00163/TPO CHE/09/00772/FUL CHE/10/00165/TPO CHE/10/00110/FUL CHE/10/00106/FUL CHE/10/00028/FUL CHE/10/00057/FUL CHE/10/00100/FUL Garage, kitchen, dining, bedroom extension, plus porch at 431 Newbold Road Chesterfield Derbyshire S41 8AG for Mr John Jardine Demolish dilapidated outbuilding at Sun Inn 13 West Bars Chesterfield Derbyshire S40 1AQ for Marstons Pub Company Crown thinning and reduce crown to the front of bungalow and removal of any dead or diseased wood at 17 Yew Tree Drive Chesterfield Derbyshire S40 3NB for Mrs Merrifield Form proposed side extension compromising of car port and first floor bedroom at 33 Grasmere Close Chesterfield Derbyshire S41 8EF for Derbyshire County Council Crown thinning of sycamore T4 to reduce density and low light to garden at 32 Hillside Drive Walton Chesterfield Derbyshire S40 2DB for Mr Richard Hawksworth Single storey rear extension at 583 Newbold Road Chesterfield Derbyshire S41 8AA for Mr and Mrs J Bradley To provide multi use games area at Playing Fields Langer Lane Chesterfield Derbyshire for Chesterfield Borough Council Construction of two storey extension to the rear of the existing dwelling - revised plans received 22/03/2010 at 20 Saxton Close Chesterfield Derbyshire S41 0SL for Shaun Lawson The installation of a 15,000 litre diesel fuel storage tank and dispensing pump, including construction of reinforced concrete base and filling apron. Connections to existing drainage and petrol interceptors at The Ambulance Station Old Road Chesterfield Derbyshire S40 3QF for MSPM Ltd Proposed two storey extension - amendment to CHE/09/00621/FUL at 14 Creswick Close Chesterfield Derbyshire S40 3PX for Mr and Mrs P and E Walter (b) Refusals CHE/10/00055/FUL Formation of new shop frontage and internal alterations at West Bars Chesterfield Derbyshire S40 1AZ for West Bars Tandoori

7 7 CHE/10/00058/OUT CHE/10/00049/FUL CHE/10/00054/ADV Proposed demolition of Poolsbrook Hotel and redevelopment of land to provide 12 x 3 bed houses with associated parking at Poolsbrook Hotel Staveley Road Poolsbrook Chesterfield Derbyshire S43 3LF for Mr Mark Breen Proposed detached starter home with new vehicular access to site from Hazlehurst Avenue at land adjacent to Hazlehurst Avenue Canal Wharf Chesterfield Derbyshire for Mr P Taylor 1 No internally illuminated flexbox at Unit 3 Chesterfield Trade Centre Sheffield Road Whittington Moor Chesterfield Derbyshire S41 7JH for Topps Tiles (c) Other Council CHE/10/00164/CPO CHE/10/00138/CPO CHE/10/00153/CPO Installation of a timber framed outdoor shelter at Spire Infant and Nursery School Derby Road Birdholme Chesterfield Derbyshire S40 2EU for Derbyshire County Council Erection of new single storey library and reception suite within recess of building with entrance ramp and steps at Old Hall Junior School Old Road Chesterfield Derbyshire S40 3QR for Derbyshire County Council Foxlow Tip: The extraction of brick clay, secondary aggregates and incidental coal with stockpiling of brick clay and associated activities at Foxlow Tip Site Staveley Lane Chesterfield S43 2NP for Phoenix Brick Company Ltd (e) Retrospective application approved CHE/10/00108/RET Proposed amendments to existing shop front at 38 St Marys Gate Chesterfield Derbyshire S41 7TH for Mr S Hendon (f) Withdrawn CHE/10/00169/CPO Proposed replacement of an existing brick garage with a new timber storage unit and the erection of security fencing and gates at Hasland Infants School Eyre Street East Chesterfield Derbyshire S41 0PE for Derbyshire County Council 0195 APPLICATION TO FELL OR PRUNE TREES (P690D) *The Head of Planning reported that pursuant to the powers delegated to him he had determined the under-mentioned applications in respect of:-

8 8 (a) The felling and pruning of trees CHE/10/00163TPO CHE/10/00165/TPO Consent granted to the pruning of one tree reference T1 Whitebeam on the order map for Westside Landscapes on behalf of Mrs Merrifield of 17 Yew Tree Drive, Somersall, Chesterfield. Consent granted to the pruning of one Sycamore tree reference T4 on the order map for Richard Hawksworth of 32 Hillside Drive, Walton, Chesterfield. (b) Notification of intent to affect trees in a conservation area CHE/10/00188/CA - The pruning of one Lime tree in the front car park of the Three Horseshoes, High Street, Brimington Agreement to the crown lifting and removal of basal epicormic re-growth of one Lime tree which will remove low branches over the car park. The pruning will have no adverse effect on the amenity value of the area. The Lime tree is within the Brimington Conservation Area and the applicant wishes to remove basal epicormic regrowth and low branches over the car park ENFORCEMENT REPORT (P510) The Senior Solicitor and the Group Leader Development Manager submitted a joint report on the current position regarding enforcement action which had been authorised by the Council. *RESOLVED - That the report be noted LOCAL GOVERNMENT ACT 1972 EXCLUSION OF PUBLIC RESOLVED - That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 6 and 13 of Part I of Schedule 12A of the Act UNAUTHORISED CONSTRUCTION OF SMOKING SHELTER AT THE BEECHERS BROOK PUBLIC HOUSE, 32 HIGH STREET, STAVELEY, CHESTERFIELD (P510) The Group Leader, Development Management submitted a report informing Members of the presence of an unauthorised structure at the Beechers Brook Public House, 32 High Street, Staveley, Chesterfield which was within the Staveley Conservation Area and to request authority to take enforcement action.

9 9 *RESOLVED - That the issue of an enforcement notice in respect of the unauthorised smoking shelter to the front of the Beechers Brook, 32 High Street, Staveley, Chesterfield on the terms outlined in the report be approved TREES AT BRENDON HOUSE, BRENDON AVENUE, LOUNDSLEY GREEN (P670) The Head of Planning submitted a report seeking approval to the inclusion of 20 individual trees and seven groups of trees in the grounds of Brendon House, Brendon Avenue, Loundsley Green, Chesterfield in a Tree Preservation Order. *RESOLVED - That the trees at Brendon House, Brendon Avenue, Loundsley Green, Chesterfield considered worthy of protection be included in a Tree Preservation Order and that the Order be made under Sections 198, 201 and 203 of the Town and Country Planning Act 1990 and come into force immediately TREES AT THE MORRISONS SUPERMARKET, BRAMPTON (P670) The Head of Planning submitted a report seeking approval to the inclusion of trees along Chatsworth Road and Bobbin Mill Lane on the car park boundary to the Morrisons supermarket, Brampton, Chesterfield in a Tree Preservation Order. *RESOLVED - That the trees along Chatsworth Road and Bobbin Mill Lane on the car park boundary to the Morrisons supermarket, Brampton Chesterfield considered worthy of protection be included in a Tree Preservation Order and that the Order be made under Sections 198, 201 and 203 of the Town and Country Planning Act 1990 and come into force immediately TREES IN THE GROUNDS OF THE FORMER FIRE STATION, SHEFFIELD ROAD, WHITTINGTON MOOR (P670) The Head of Planning submitted a report seeking approval to the inclusion of trees situated in the grounds of the former Fire Station off Sheffield Road, Whittington Moor, Chesterfield in a Tree Preservation Order. *RESOLVED - That the trees at the former Fire Station, off Sheffield Road, Whittington Moor, Chesterfield considered worthy of protection be included in a Tree Preservation Order and that the Order be made under Sections 198, 2091 and 203 of the Town and Country Planning Act 1990 and come into force immediately.