Case Officer: Ashley Langrick File No: CHE/16/00031/FUL Tel. No: (01246) 345784 Plot No: 2/1696 Ctte Date: 30th March 2016

ITEM 2

DEMOLITION OF EXISTING GARAGE AND CONSTRUCTION OF CONVENIENCE STORE (CLASS A1), ADDITIONAL CAR PARKING AND ASSOCIATED WORKS AT DOUBLE TOP, INKERSALL GREEN ROAD, INKERSALL BY MIDLAND ASSURED DEVELOPMENTS LLP Local Plan: Unallocated Ward: Middlecroft and Poolsbrook 1.0 CONSULTATIONS

Ward Members No comments received DCC Highways Initially raise a couple of areas

of concern relating to the overall level of off-street parking and drawings to show the access and egress of service/delivery vehicles. Further details submitted and no subsequent objections subject to the imposition of planning conditions

Yorkshire Water No objection subject to

planning conditions requiring the protection of the public sewer and to submit proposed means of disposal of surface water drainage

Design Services (Drainage) No objection Coal Authority No objection to the proposed

development subject to the imposition of a condition or conditions to secure the need for an intrusive site

investigation and to carry out any necessary remedial works

Urban Design Officer No objection subject to

planning conditions as the proposal has largely responded to design issues identified at the pre-application stage

Environmental Services No comments received at time

of writing report Neighbours/Site Notice 7 letters of representation1

have been received objecting to the proposal

2.0 SITE CONTEXT 2.1 The application site itself is an unallocated piece of land within the

main urban area as defined on the Policies Map of the Local Plan: Core Strategy. The immediate area comprises a mixture of land uses, including a health centre and pharmacy, public house, church, Scout Hut, open space and a small parade of shops designated as a ‘Inkersall Green Local Centre’ in the Local Plan. Generally to the north (beyond the existing public house ‘Double Top’) and east of the application site are existing residential properties.

2.2 The site lies adjacent to Inkersall Green Road to the west with a

mini-roundabout forming the junction of Inkersall Green Road and Middlecroft Road to the south. A public footpath known as Hobner Lane runs parallel with the site’s eastern boundary linking Middlecroft Road, and thus the commercial centre of Inkersall, with the residential estate to the north. The public house, ‘Double Top’, lies within the application site boundary immediately to the north of the proposal and is to be retained. The site measures 0.351 hectares which includes the public house and its grounds.

2.3 The site’s boundaries, in the main, comprise ‘gappy’ hedgerows

and hedgerow trees. The northern boundary beyond the public house generally comprises close-boarded fencing separating the

1 Two letters of which were from the same individual and two letters from one company.

site from the existing residential development. There is a slight change in land levels of approximately 0.25 to 0.50 metre between the public footpath on Inkersall Green Road and the main body of the application site.

2.4 The site is well-served by public transport connections, namely bus

services to and from Staveley, Brimington, Worksop and Chesterfield Town Centre and beyond.

3.0 SITE HISTORY 3.1 No relevant formal planning history. The applicant has however

previously engaged in pre-application discussions with Officers in relation to the proposal subject to this application.

4.0 PROPOSED DEVELOPMENT 4.1 This application seeks approval for the demolition of an existing

garage/storage building associated with the public house and the construction of a convenience store (Class A1) with additional car parking and associated works.

4.2 The proposed building measures some 24 metres in length by 17

metres in width and is single storey in design incorporating a parapet flat roof. The proposed development would result in the provision of a 372 square metre gross convenience store floorspace.

4.3 The existing site access is to be retained and updated to improve

access/egress and visibility. Proposed parking for the store would generally be to the east of the proposed building with 20no. car parking spaces. A further 20no. car parking spaces would be provided for the public house to the north of the site. Provision of parking in this part of the overall site will require the demolition of an existing garage/storage building to the east of the public house.

4.4 A new ‘pedestrian plaza’ is identified adjacent to the north western elevation of the building close to the main customer entrance to the building. The plaza, which is essentially a wider pedestrian footway with a material contrasting with the surrounding car park area, includes a trolley bay, 3no. cycle hoops, access to an ATM machine and the access to the main store foyer.

4.5 The existing landscaping which forms the boundary to the site will be retained, save a 7 metre extent of hedgerow to the south eastern side of the vehicular access which will be removed to make way for access improvements as well as enabling a clear vision of the main component of the building emphasised by the corner parapet ‘tower’ feature. Some new soft landscaping is proposed to better screen the service area from the public street scene.

4.6 It is proposed that the walls chosen for the new store will be

constructed using red brickwork with feature pier detailing/recessed panelling, and through coloured white render. A mono pitched roof with powder coated metal fascias and soffit treatments, along with full height shop front glazing are also proposed as part of the construction materials. Security shutters are proposed to be internally located.

4.7 It is stated that the proposed convenience store will provide the

equivalent of 20no. full time employees.

4.8 As well as the usual application form and certificate of ownership, the application is supported by the following reports:

Retail and Planning Assessment;

Design and Access Statement;

Coal Mining Risk Assessment;

Geo-Environmental Phase 1;

Drainage Strategy; and a

Topographical Survey. 5.0 CONSIDERATIONS

5.1 Planning Policy 5.1.1 The site is situated within the built settlement of Middlecroft and

Poolsbrook ward within an area which is mixed in land use terms. Having regard to the nature of the application, Policies CS1 (Spatial Strategy), CS2 (Location of Development), CS3 (Presumption in favour of Sustainable Development), CS7 (Managing the Water Cycle), CS8 (Environmental Quality), CS9 (Green Infrastructure and Biodiversity), CS16 (Retail), CS18 (Design) and CS20 (Demand for Travel) of the Local Plan: Core

Strategy (2013) are applicable in this case. Moreover, the National Planning Policy Framework (NPPF) (in particular Sections 1, 2 and 7) and the Council’s Supplementary Planning Documents on Designing Out Crime (2007) and Shopfronts and Advertisements (2007) are also material considerations. Ministerial Statement: Parking: Helping local shops and preventing congestion (March 2015) is also a relevant consideration in this instance.

5.1.2 Key Issues

Principle of the development;

Design of the proposal;

Impact on neighbouring residential amenity;

Highways safety and parking provision;

Land stability; and

Drainage. 5.2 Principle of Development 5.2.1 Policy CS1(Spatial Strategy) sets out that the overall approach is

to concentrate new development within walking and cycling distance of centres2 and focus on areas that need regenerating. The site is within the main urban area of Inkersall and just 75 metres away from the ‘Inkersall Green Local Centre’ which includes a small parade of shops and services. A number of bus stops are located within the immediate area, including a bus stop hub on Summerskill Green. In making use of an area of car parking which is surplus to present requirements, the proposal is considered to make effective and efficient use of land within the urban area. The proposal is therefore considered to deliver the Council’s Spatial Strategy.

5.2.2 Policy CS2 (Principles for Location of Development) states that

when assessing planning applications for new development not allocated in a DPD, proposals must meet the following criteria / requirements:

a) adhere to policy CS1; b) are on previously developed land;

2 According to the Chartered Institution of Highways and Transportation (CIHT), walking is a suitable travel mode for journeys up to 2km in length and cycling for journeys up to 5km in length.

c) are not on agricultural land; d) deliver wider regeneration and sustainability benefits; e) utilise existing capacity in social infrastructure; f) maximise walking / cycling and the use of public transport; g) meet sequential test requirements of other national / local

policies. The policy advances to identify that all development will be

required to have an acceptable impact on the amenity of users or adjoining occupiers taking into account noise, odour, air quality, traffic, appearance, overlooking, shading or other environmental, social or economic impacts. These matters will be addressed in the more detailed sections of the report.

5.2.3 With regard to the above policy, the proposal is considered to

accord with the Borough’s Spatial Strategy and is on previously developed land within the main urban area surrounded by a range of other services and facilities, including good access to the public transport network. The proposal is within a favourable physical location insofar as Policy CS2 is concerned. That said, in order to ensure that no conflict with Policy CS2 occurs criterion g) must also be addressed. It requires a proposal to meet the sequential test requirements of other national / local policies.

5.2.4 The application site itself is an unallocated piece of land within the

main urban area, as defined on the Policies Map of the Local Plan: Core Strategy. As a form of retail development, the principle of the application must be considered with reference to Policy CS16 of the adopted Local Plan: Core Strategy. It states, inter alia, that, ‘Across the borough, a sequential approach will be used to assess sites for retail and other town centre uses, to focus such development on town, district, local service centres and local centres to meet the requirements of national planning policy’. The policy advances to state that, ‘Individual small shops (up to 200 sq m) designed to serve local day to day needs will normally be permitted outside centres’.

5.2.5 With regard to national planning policy, paragraph 24 of the NPPF

states that, ‘Local planning authorities should apply a sequential test to planning applications for main town centre uses that are not in an existing centre and are not in accordance with an up-to-date Local Plan. They should require applications for main town centre uses to be located in town centres, then in edge of centre locations

and only if suitable sites are not available should out of centre sites be considered. When considering edge of centre and out of centre proposals, preference should be given to accessible sites that are well connected to the town centre’. Furthermore, paragraph 26 of the NPPF indicates that Impact Assessments are required for retail development outside town centres which are not in accordance with an up to date Local Plan and over a threshold of 2,500 square metres unless there is a locally set threshold.

5.2.6 In this instance, the proposal would result in the provision of a 372

square metre gross convenience store. As such, the proposal does not benefit from the general allowance provided in Policy CS16 as an ‘individual small shop’.

5.2.7 On the other hand, with reference to paragraph 26 of the NPPF

and on the basis that the Development Plan does not set out a local threshold set out in policy, at 372 square metres the proposed development is way below the threshold requiring a Retail Impact Assessment. Nevertheless, the application is supported by a Retail and Planning Assessment to justify its location outside a defined centre in accordance with Policy CS16 and paragraph 24 of the NPPF.

5.2.8 The Retail and Planning Assessment submitted with the

application identifies, amongst other things, that,

The proposal will provide a local top up shopping function limited to the local area;

Inkersall is some distance from services to be found in Staveley town centre and there are problems in Inkersall with deprivation and reliance on public transport to meet day to day facilities;

The primary catchment area of the proposed convenience store will be focussed on Inkersall itself;

Inkersall Green Local Centre is the only defined centre in the primary catchment for the purposes of the sequential test and only one unit is vacant but is too small for a convenience store – (NOTE – since the Assessment was undertaken that unit is now occupied);

The application site would be defined under the NPPF (Annex 2) as an edge of centre site and given the proximity, visual connection and the short walking distance the site is considered ‘well connected’ to the defined centre;

The central area of Inkersall includes the small parade of shops, the health centre, public house on the application site, Scout Hut and Methodist Church , all focussed on the Green. In our view the effective ‘centre’ in Inkersall incorporates all these uses albeit in the development plan the ‘defined centre’ just focusses on the parade of shops;

From the investigation the only available unit in the defined centre is a small shop unit which is not suitable for the proposal (again, this unit is now occupied); and

There are no sequentially preferable sites which are suitable or available for the proposed development in the nearby Local Centre.

5.2.9 In this instance, it is considered that the above issues identified in

the applicant’s Retail and Planning Assessment are appropriate conclusions and are applicable to justify the location of the proposal in accordance with the requirements of Policy CS16 of the Core Strategy as well as paragraph 24 of the NPPF which is a material planning consideration. Indeed, the NPPF is permissive of retail developments outside defined centres only if suitable sites are not available within centres and states that, ‘When considering edge of centre and out of centre proposals, preference should be given to accessible sites that are well connected to the town centre’.

5.2.10 The application site lies outside a defined centre but is within 75

metres of the ‘Inkersall Green Local Centre’ to the south west and is therefore eminently well connected. Significantly, the immediate area comprises a mixture of land uses, including a health centre and pharmacy, public house, church, Scout Hut, open space and a small parade of shops designated as a ‘Inkersall Green Local Centre’ in the Local Plan. In this locational context, it is considered appropriate to redraw the boundary in future stages of the evolution of the Development Plan to encompass the surrounding commercial uses, including the application site.

5.2.11 Notwithstanding all of the above, it is considered that the proposal

at 372 square metres, would not have a significant adverse effect on existing centres in the borough.

5.2.12 A presumption in favour of sustainable development is at the heart

of the National Planning Policy Framework and is seen as a golden thread running through both the plan-making and decision-taking

process. In this context and with regard to the three strands of sustainable development identified in the NPPF (i.e. economic, social and environmental roles), the proposal is considered to make a positive contribution to overall sustainable objectives. From an economic perspective the proposal will provide new local employment opportunities (approx. 20 roles), is a commercial enterprise which will generate additional business tax revenue, will help sustain and support the existing public house and will generate a wider spin off benefit for the local economy inevitably leading to additional spend in the local area. From a social perspective the proposal will complement and enhance the range of local services in Inkersall. Finally, from an environmental point of view, the proposal will reduce the need to travel to nearby centres for top up shopping and, in providing a modern attractive construction in an area of identified deprivation, the proposal is considered to have additional regeneration benefits.

5.2.13 As a result of the sequential assessment as well as the

surrounding land uses, the proposal is considered to be appropriately located such that the principle of the development is acceptable. The application is therefore considered to accord with the requirements of Policies CS1, CS2 and CS16 of the Local Plan: Core Strategy and the advice contained within the NPPF.

5.3 Design 5.3.1 In accordance with Core Strategy Policy CS18, all new

development should identify, respond to and integrate with the character of the site and surroundings and respect the local distinctiveness of its context. In doing so developments are expected to respect the character, form and setting of the site and surrounding area; having regard to its function, appearance, scale and massing.

5.3.2 Paragraph 56 of the NPPF also states that, ‘The Government

attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people’.

5.3.3 The proposal was the subject of pre-application advice during

2015. The existing public house is a low level, flat roofed building of unremarkable appearance. It is one of a number of community

related buildings arranged around the central green space, which form a local neighbourhood centre. Others facilities include the parade of shops, St Columba’s Church (with its distinctive pyramid roof), Inkersall Methodist Church and the more recently completed Medical Centre. These are all very different and distinctive types of buildings and form an interesting group of community focussed uses.

5.3.4 With regard to the general positioning, the building towards the

front of the site is appropriate and will assist in addressing the streetscene, providing definition to the edge of the space and locating parking and servicing to the rear. However, the prominent nature of the site presents challenges in creating a building that is capable of effectively addressing multiple frontages and the viewpoints from which the building will be seen.

5.3.5 The proposal has addressed this by introducing an ‘active’ frontage

around the store entrance that wraps around the corner and presents a shop window on two sides. The remaining length of side wall facing Inkersall Green Road, is broken up through the introduction of recessed panels and areas of render which give the building greater richness and a lighter appearance. This technique is employed around the building, providing visual interest within the façade which helps to mitigate the potentially negative appearance of the blank walls.

5.3.6 The vehicular access utilises the existing access point, although

the alignment is altered to form a small space in front of the store entrance which is located on the front corner. This relates well to the street and the access. An enlarged paved area forms a modest space in front of the entrance doors where pedestrians can circulate and move to and from the parking area to the rear.

5.3.7 The design of the store entrance is a key component of the

building and is emphasised through the increased height created by the corner parapet ‘tower’ feature. This enhances its legibility and provides an overt way into the building, as well as making a positive contribution to the immediate and townscape.

5.3.8 The point at which pedestrians enter the site from the adjacent

footpath will be important. This should form a visual as well as functional threshold into the site and utilise attractive surface materials, landscape a gateway feature to signal the transition

between the site and path. Details should be required, although this could be managed by a suitably worded condition addressing hard and soft landscaping.

5.3.9 Overall, the appearance of the proposed building is functional,

although the use of recessed panels and light coloured render helps address the otherwise blank frontages and provide some visual interest within the design.

5.3.10 The front corner strengthened through the introduction of the shop

window towards the street and the design of the corner parapet, which provides roofscape interest. The parapet fascias are profiled with a projecting cornice detail, which adds further visual interest and a strong line to the top edge of the building. This is shown on the submitted section drawing and should be conditioned to adhere to this detail. Overall, the design is considered to make a positive contribution to the appearance of the area.

5.3.11 A store of this nature is likely to require security shutters. It is

proposed that these are designed to be internal to the building, thus avoiding external shutter boxes that appear crude and unsightly. This could be managed by a suitably worded condition.

5.3.12 The Borough Council’s Urban Design Officer concludes that, ‘The

proposals have largely responded to design issues identified at the pre-application stage. Subject to conditions there are no objections on design grounds’. Accordingly, this application is considered to accord with the design objectives of Policy CS18 of the Core Strategy and Chapter 7 of the NPPF.

5.4 Neighbour Effect / Impact 5.4.1 Core Strategy Policy CS18 comments that development will be

expected to have an acceptable impact on the amenity of users and neighbours. The Council’s SPD ‘Successful Places’ provides further guidance in respect of privacy, day light and sunlight, overshadowing and external amenity space.

5.4.2 The proposal is located within the grounds of the existing public

house which lies to the north of the proposal. The proposal lies directly adjacent to Inkersall Green Road to west, Middlecroft Road

to the south and a public footpath known as Hobner Lane parallel with the site’s eastern boundary. The proposal is therefore not adjacent to any residential property and in this regard there is not considered to be any impact on neighbouring amenity.

5.4.3 Having regard to the above and in the context of the provisions of

Policies CS2 and CS18 of the Core Strategy and the material planning considerations in relation to neighbour impact, it is concluded that the proposal is acceptable.

5.5 Highways Issues 5.5.1 This application was referred to Derbyshire County Council for

highway comments. The response raised a couple of areas of initial concern, namely whether the overall level of off-street parking is adequate (i.e. a requirement for further information on the internal drinking area of the public house) and the need to demonstrate the servicing and delivery vehicles entering and leaving the site.

5.5.2 On the basis of the above concerns the applicant duly provided

further information to address the matters raised and this was passed onto the Highway Authority.

5.5.3 With regard to the internal drinking area of the public house this

measures 121 square metres. On this basis and when assessed against relevant standards this will result in a maximum parking requirement for the public house of 24 spaces (1 per 5 square metres) + 1 staff space = 25 spaces. The convenience store measures 372 square metres gross and based on relevant standards this would lead to a maximum requirement for 15 spaces (1 per 25 square metres) + 1 staff space = 16 spaces. The applicant’s agent identifies therefore that, ‘The total maximum requirement is 41 spaces and the proposal provides 40 spaces, which given the location of the site in the centre of Inkersall close to where people live and also close to existing bus services ensures that off street parking for the proposed development is adequate’. The LPA concurs with this view. With reference to the NPPF, paragraph 34 advises that decisions should ensure that developments which generate significant movement are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised.

5.5.4 As a convenience store the proposal responds to the needs of the local community and thus the customer base is expected to be within a location that journeys by foot or cycle are maximised. Moreover, the site is located on a regular bus route. With this in mind, the car parking provision is considered to be appropriate and the Highway Authority does not raise any subsequent objection in this context. Moreover, the recent Ministerial Statement (March 2015) states, inter alia, 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 their local road network’.

5.5.5 In terms of servicing and delivery for the convenience store and

public house, the tracking diagram contained within the Design and Access Statement has been further amended. Consequently, the Highway Authority states that, ‘It appears that manoeuvres into, out of and within the site are extremely tight. It is assumed, however, that the manoeuvres that currently take place regarding deliveries to the public house are not dissimilar and on this basis it is considered that it would be difficult to sustain an objection on highway grounds’. However, it is recommended that the area indicated as ‘pedestrian plaza’ adjacent to the northern elevation of the proposed building is reduced in scale to ease the servicing and delivery vehicular movements. This is a matter which can be adequately addressed by way of planning condition.

5.5.6 Accordingly, on balance and with regard to all of the above, it is not anticipated that the development would present a threat to highway safety that would be considered contrary to criteria g) of Policy CS18 of the Chesterfield Borough Local Plan: Core Strategy.

5.6 Land stability 5.6.1 The site falls within the defined Development High Risk Area and

therefore the application is supported by a Coal Mining Risk Assessment. The Coal Authority has been consulted and has raised no objection to the proposal subject to the imposition of a condition to ensure intrusive investigations take place prior to commencement of development and the approval of any remedial works necessary and for those to be undertaken.

5.6.2 With the above in mind, the proposal is considered to accord with the requirements of Policy CS8 insofar as land stability is concerned.

5.7 Drainage 5.7.1 The site lies within Flood Zone 1 in accordance with the

Environment Agency’s indicative flood maps. Therefore the site is not considered to be at risk of flooding.

5.7.2 Both the Council’s Design Services (Drainage) team and Yorkshire

Water raise no objections to the proposed development subject to planning conditions requiring the protection of the public sewer and to submit proposed means of disposal of surface water drainage. On this basis, the application is considered to comply with the requirements of Policy CS7.

6.0 REPRESENTATIONS 6.1 At the time of preparing the report 7no. representations have been

received from 1 Bevan Drive (x2), 41 Netherthorpe, 5 Summerskill Green, 189 Middlecroft Road and A.F. Blakemore and Son Limited (x2 - owner of the nearby SPAR convenience store) objecting to the proposal. The comments received are summarised/outlined as follows:

Inkersall Green Road already very busy with traffic;

There is already a sufficient number of this type of store in the area;

Other ventures for convenience store provision in the immediate area have failed in the past;

Already a number of exits onto Inkersall Green Road and this proposal will greatly increase the likelihood of accidents;

There will be more traffic and even less parking than there is now;

The proposed development will not fit in with the street scene and will obscure the outlook from the pleasant green area to the west;

The proposal will create empty shops in the existing parade leading to a destruction in the environment as well as lost revenue to the Council and the loss of jobs;

The proposal will impact on the trading at the SPAR shop nearby which will in turn impact on the viability of the post office which is a vital service in the area;

Question the figure of 20 full time jobs for the store;

Not an ideal location next to a public house where customers stand outside smoking;

There is a nursery adjacent to the pub car park with a narrow lane separating them and parents park there when the children are attending nursery;

Concerns about highway safety as a result of the loss of parking spaces at the public house;

There is no evidence within the submitted information that a judgement as to whether the proposal would generate significant amounts of vehicle movement has been made by either the Council or the Highway Authority;

Proposal will result in a significant increase in turning movements at the site access and this should be qualified by the applicant;

The access is just 30 or so metres from the roundabout exit at Inkersall Green Road and an increase in traffic waiting to turn right has the potential to increase the chance of accidents occurring at the site access;

Any increase in traffic would back onto the roundabout increasing potential for shunt accidents;

Access will create an uncontrolled crossroads which are the most accident prone of all junctions;

No justification for the reduction in car parking spaces at the public house which is considered an insufficient level;

Proposed scheme shows disregard to pedestrians by providing no dropped kerbs or tactile paving provision at the site access;

It appears from the swept path drawings in the Design and Access Statement that the proposed delivery vehicle makes contact with pedestrian walkway or kerb edging in a number of locations;

Delivery vehicle is required to reverse a distance of over 30 metres through the centre of the car park;

The proposal is bland and uninteresting using a standard box approach on a prominent corner – a much higher quality design should be sought;

The proposal lies outside any dedicated centre and has a net sales almost double the local threshold (200sq. m) therefore

the application is required to consider the issue of retail impact;

Proposal will divert trade from the existing SPAR shop in the nearby local centre.

Comment:

The Local Highway Authority raise no objections in relation to highway safety matters and issues relating to car parking are addressed in section 5.5 of this report.

The proposed access and swept path analysis are matters that have been carefully assessed by the Highway Authority with particular regard to servicing and delivery vehicles entering and leaving the site. The applicant has subsequently amended the swept path drawing and the Highway Authority does not consider that it could sustain an objection on highway grounds subject to an amendment to the ‘pedestrian plaza’ – refer to paragraph 5.5.5.

With regard to the design of the proposal, the applicant has held detailed pre-application discussions with the Local Planning Authority and the application proposal largely follows the advice provided. Overall, the design is considered to make a positive contribution to the appearance of the area as detailed in section 5.3 of this report. The Council’s Urban Design Officer does not raise any objections in terms of the design of the proposal.

As discussed within the report and explained within the Retail and Planning Assessment accompanying the application a convenience store is considered appropriate within this location and it will contribute towards existing services and facilities in the area. It is not considered that a Retail Impact Assessment is required and contrary to one of the representations made, the Council does not have a local threshold and thus the threshold of 2,500 square metres as per the advice contained within the NPPF is the most relevant to determine whether a Retail Impact Assessment is required. A Retail and Planning Assessment has been submitted to justify the location of the proposal outside a defined centre. See the discussion of the principle of the proposal within the report (section 5.2).

The planning application cannot be refused on commercial grounds in terms of other similar ventures in the area failing in the past, if indeed this was the case. Objections raised in relation to competition with the existing SPAR store cannot be afforded material weight in the determination of this application. The design of the proposal is considered to be acceptable raising the standard of development in the immediate vicinity. Particular design merits of the proposal are identified in section 5.3 of this report. It is contended by the applicant that 20 jobs will be created by the proposal. Whilst this has been questioned by the objectors, it is not considered that the actual number would have a significant weight in the determination of this application.

7.0 HUMAN RIGHTS ACT 1998

7.1 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 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. The applicant has a right of appeal against any condition of the permission.

8.0 STATEMENT OF POSITIVE AND PROACTIVE WORKING WITH

APPLICANT 8.1 The following is a statement on how the Local Planning Authority

(LPA) has adhered to the requirements of the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2012 in respect of decision making in line with paragraphs 186 and 187 of the National Planning Policy Framework (NPPF).

8.2 Given that the proposed development does not conflict with the

NPPF or 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 applicant took advantage of the opportunity to seek pre application advice from the Council. The LPA has used conditions to deal with outstanding issues with the development and has been sufficiently proactive and positive in proportion to the nature and scale of the development applied for.

8.3 The applicant/agent and any objector will be provided with a copy

of the officer report informing them of the application considerations and recommendation/conclusion.

9.0 CONCLUSION 9.1 As a result of the sequential assessment provided as part of the

application, as well as the surrounding land uses, the proposal is considered to be appropriately located such that the principle of the development is acceptable. The proposal will contribute to the mix of services and facilities in the area and will have a regenerating effect in the area. The presumption in favour of sustainable development and economic growth weighs heavily in favour of the proposal in this instance. No further detailed or technical considerations justify taking a contrary view in this instance. Accordingly, the proposed development complies with the requirements of Policies CS1, CS2, CS7, CS8, CS16 and CS18 of the Local Plan: Core Strategy and the advice contained within the NPPF.

10.0 RECOMMENDATION 10.1 It is therefore recommended that the application be

APPROVED subject to the following: Conditions 01. The development hereby permitted shall commence before

the expiration of three years from the date of this permission. 02. Unless an amendment is sought through planning conditions

or a non-material amendment is granted, the development hereby permitted shall be undertaken in accordance with the details shown on the following approved drawings: dwg nos. 07 Rev H, 08 Rev J, 10 Rev B, 06 Rev P, and 11.

03. The approved work shall only be carried out on site between

8:00am and 6:00pm Monday to Friday, 9:00am and 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.

04. Prior to first occupation of the retail unit, the site access shall

be altered as per approved drawing numbered 06 Rev P or the amended plan approved under Condition 17.

05. No development shall take place until a Delivery

Management Plan has been submitted to and approved in writing by the Local planning Authority. The approved plan shall be adhered to at all times thereafter and include the size and routing of all service and delivery vehicles and all service and delivery times.

06. The premises, the subject of this application, shall not be

taken into use until space has been provided within the application site (in accordance with dwg. no. 06 Rev P or the amended plan approved under Condition 17) or the parking and manoeuvring of vehicles, laid out, surfaced and maintained throughout the life of the development free from any impediment to its designated use. Spaces should be clearly marked out on site to maximise off-street parking and maintained as such for the life of the development.

07. Unless otherwise agreed in writing by the Local Planning

Authority, no building or other obstruction shall be located over or within 6.5 metres either side of the centre line of the 900mm public sewer, which crosses the site.

08. No development shall take place until details of the proposed

means of disposal of surface water drainage, including details of balancing works based on 5 litres per second to public surface water sewer, have been submitted to and approved by the Local Planning Authority. Furthermore, unless otherwise approved 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.

09. 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.

10. Development shall not commence until intrusive site

investigations have been carried out by the developer to establish the exact situation regarding coal mining legacy issues on the site and approval for commencement of development given in writing by the Local Planning Authority. The investigation and conclusions shall include any remedial works and mitigation measures required/proposed for the stability of the site. Only those details which receive the written approval of the Local Planning Authority shall be carried out on site.

11. Within 3 months of commencement of development full

details of hard landscape works shall be submitted to the Local Planning Authority. These details shall include proposed finished levels or contours; fences, walls or other means of enclosure; treatment of the surfaces; car parking layouts; other vehicle and pedestrian access and hard surfacing materials. Only those details which receive written

approval shall be implemented on site, prior to occupation of the building hereby approved.

12. Within 3 months of commencement of development, unless

otherwise agreed in writing by the Local Planning Authority, details of a soft landscaping scheme for the approved development shall be submitted to the Local Planning Authority for consideration. The required soft landscape scheme shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers; densities where appropriate, an implementation programme and a schedule of landscape maintenance for a minimum period of five years. Those details, or any approved amendments to those details shall be carried out in accordance with the implementation programme.

13. Any security shutters shall be designed to be integral to the

building and no external shutter boxes shall be affixed to the building.

14. The boundary fences hereby approved shall have a natural

coloured stained or painted finish at all times. 15. Before any external lighting is erected or ordering of such

takes place, a detailed external lighting scheme shall be submitted to the Local Planning Authority for consideration (this shall include the location of any external lighting, dimensions of any lighting columns, lighting overspill diagrams, the level of illuminance etc.). Only that scheme approved in writing by the Local Planning Authority shall be implemented as part of the development unless otherwise agreed by the Local Planning Authority in writing.

16. The profiled aluminium fascia shall be carried out in

accordance with the details shown on 'Typical Cavity Wall / Fascia Section - Drawing no. 11', unless an alternative is first agreed in writing by the Local Planning Authority.

17. Notwithstanding the plans submitted with the application

(namely, dwg. no. 06 Rev P), and prior to commencement of development, revised details shall be submitted to and

approved in writing by the local planning authority, in consultation with the Highway Authority, to identify a reduced pedestrian plaza area adjacent to the north elevation of the hereby approved building. Thereafter the development shall be carried out in accordance with the agreed details.

18. No development shall take place, including any works of

demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for but not necessarily be limited to the following as appropriate:

i. the parking of vehicles of site operatives and visitors

ii. loading, unloading and manoeuvring of plant, vehicles and materials

iii. storage of plant and materials used in constructing the development

iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

v. wheel washing facilities vi. measures to control the emission of dust and dirt

during construction vii. a scheme for recycling/disposing of waste resulting

from demolition and construction works viii. a scheme detailing access provision to and from the

site for construction traffic, such measures to be implemented and retained for the duration of the construction period ix. Space for site operatives’ accommodation for use

during the construction period

19. Prior to the convenience store being taken into use the developer shall submit to and have agreed, in writing, with the Local Planning Authority in consultation with the Highway Authority, a plan detailing the final access arrangements to the site and visibility splays of 2.4m x 47m in both directions, such areas being clear of obstructions greater than 1m in height (0.6m in the case of vegetation) relative to nearside carriageway channel level and implement the agreed scheme.

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. In the interests of the residential amenity of nearby properties

and in accordance with Policy CS18 of the Local Plan: Core Strategy.

04. In the interest of highway safety and in accordance with

Policy CS18 of the Local Plan: Core Strategy. 05. In the interests of highway safety and in accordance with

Policy CS18 of the Local Plan: Core Strategy. . 06. In the interests of highway safety and in accordance with

Policy CS18 of the Local Plan: Core Strategy. 07. In order to allow sufficient access for maintenance and repair

work at all times. 08. To ensure that no surface water discharges take place until

proper provision has been made for its disposal in accordance with Policy CS7 of the Local Plan: Core Strategy.

09. 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.

10. To fully establish the presence and / or otherwise of any coal

mining legacy and to ensure that site is remediated, if necessary, to an appropriate standard prior to any other works taking place on site in accordance with Policy CS8 of the Local Plan: Core Strategy.

11. The condition is imposed in order to enhance the appearance

of the development and in the interests of the area as a whole.

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. To ensure satisfactory development in the interests of visual

amenity in accordance with the aims of Policy CS18 of the Local Plan: Core Strategy.

14. To ensure satisfactory development in the interests of visual

amenity in accordance with the aims of Policy CS18 of the Local Plan: Core Strategy.

15. In the interests of the character and appearance of the area

and the impact on residential amenity in accordance with the requirements of Policy CS18 of the Local Plan: Core Strategy.

16. To ensure a satisfactory development in the interests of

visual amenity in accordance with the aims of Policy CS18 of the Local Plan: Core Strategy and to define the terms of this permission for the avoidance of doubt.

17. To ease vehicular movements into and out of the site in the

interests of pedestrian and highway safety and in accordance with Policy CS18 of the Local Plan: Core Strategy.

18. In the interests of highway safety in accordance with Policy

CS18 of the Local Plan: Core Strategy. 19. In the interests of highway safety in accordance with Policy

CS18 of the Local Plan: Core Strategy.

Notes

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 184 of the Highways Act 1980 and

Section 86(4) of the New Roads and Streetworks Act 1991 prior notification shall be given to the Department of Economy Transport & Environment at County Hall, Matlock regarding access works within the highway. Information, and relevant application forms, regarding the undertaking of access works within highway limits is available via the County Council's website http://www.derbyshire.gov.uk/transport_roads/roads_traffic/development_control/vehicular_access/default.asp , email ETENetmanadmin@derbyshire.gov.uk or telephone Call Derbyshire on 01629 533190.

03. Pursuant to Sections 149 and 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 (eg; street sweeping) are taken to maintain the roads in the vicinity of the site to a satisfactory level of cleanliness.

04. There is a Public Right of Way (Footpath 8 on the Definitive

Map for the area). The route must remain unobstructed on its legal alignment at all times and the safety of the public using it must not be prejudiced either during or after development works take place. Further advice can be obtained by calling 01629 533190 and asking for the Rights of Way Duty Officer.

- Please note that the granting of planning permission is not

consent to divert or obstruct a public right of way. - If it is necessary to temporarily obstruct a right of way to undertake development works then a temporary closure is obtainable from the County Council. Please contact 01629 533190 for further information and an application form.

05. The applicant's attention is drawn to the advice contained in

Yorkshire Water's consultation response as attached to the Decision Notice.

06. Should any bat/s be found during demolition, work must stop

immediately. If the bat/s does not voluntarily fly out, the

aperture is to be carefully covered over to provide protection from the elements whilst leaving a small gap for the bat to escape should it so desire. The Bat Conservation Trust should be contacted immediately on (0845) 1300228 for further advice and they will provide a licensed bat worker to evaluate the situation and give advice. Failure to comply is an offence under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010 which makes it an offence to kill, injure or disturb a bat or to destroy any place used for rest or shelter by a bat (even if bats are not in residence at the time). The Countryside and Rights of Way Act 2000 strengthens the protection afforded to bats covering 'reckless' damage or disturbance to a bat roost.