Agenda item

Erection of a canopy structure, feature seating and landscaping in Derby Square together with High Street entrance feature.

Description

Erection of a canopy structure, feature seating and landscaping in Derby Square together with High Street entrance feature. 

Decision

The application is PERMITTED subject to the following conditions:

Conditions:

(1)         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

(2)         The development hereby permitted shall be carried out in accordance with the following approved plans BUR5855_101.1, BUR5855_101.2, BUR5855_101.3 received on/dated 30.06.2016.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans to comply with Policy CS5 of the Core Strategy (2007).

(3)         No development shall take place until details of existing and proposed finished site levels, of the frame and letters to be erected, and finished external levels have been submitted to and approved in writing by the local planning authority. The development shall thereafter be constructed in accordance with the approved details.

Reason: In order to safeguard the visual amenities of the area in accordance with Policy CS5 of the Core Strategy (2007) and Policy DM10 of the Development Management Policies 2015.

(4)         Prior to the commencement of development, details and samples of the external surfaces, metal frame, ‘jumberella’, planters and benches to be used for the development shall be submitted to and approved in writing by the local planning authority.  The development shall be carried out in accordance with the approved details.

Reason: To secure a satisfactory appearance in the interests of the visual amenities and character of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM9 and DM10 of the Development Management Policies 2015.

(5)         All planting, seeding or turfing approved shall be carried out in the first planting and seeding season following the occupation of the development or the completion of the development, whichever is the sooner. Any trees or plants which, within a period of five years after planting, are removed, die or become seriously damaged or diseased in the opinion of the local planning authority, shall be replaced in the next available planting season with others of similar size, species and number, unless otherwise agreed in writing by the local planning authority.

Reason: To ensure the provision, establishment and maintenance of an appropriate landscape scheme in the interests of the visual amenities of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM5 and DM9 of the Development Management Policies 2015.

(6)         The proposed lighting shall not be brought into use until precise lighting details including hours of use and measures to prevent light spillage and unacceptable glare to users of the public highway or adjacent residential properties have been provided in accordance with [the approved plans / a scheme to be submitted to and approved in writing by the local planning authority and the lighting shall thereafter be retained in accordance with the approved details.

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties or highway safety in accordance with Policies CS5 and CS16 of the Core Strategy (2007) and Policies DM9 and DM10 of the Development Management Policies 2015.

(7)         No development shall take place until an Arboricultural Method Statement (detailing all aspects of construction and staging of works) and a Tree Protection Plan in accordance with British Standard 5837:2012 (or later revision) has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the agreed details and no equipment, machinery or materials shall be brought onto the site for the purposes of the development until fencing has been erected in accordance with the Tree Protection Plan.  Within any area fenced in accordance with this condition, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, nor shall any fires be lit, without the prior written consent of the local planning authority. The fencing shall be maintained in accordance with the approved details, until all equipment, machinery and surplus materials have been moved from the site.

Reason: To protect the trees on site which are to be retained in the interests of the visual amenities of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM5 and DM9 of the Development Management Policies 2015.

(8)         A landscape management plan covering a period of no less than 5 years, including long term design objectives, management responsibilities, maintenance and inspection schedules for all landscape areas shall be submitted to and approved in writing by the local planning authority  prior to the occupation of the development or any completed phase of the development, whichever is the sooner. Any trees or plants which, within a period of five years after planting, are removed, die or in the opinion of the local planning authority become seriously damaged or diseased, shall be replaced in the next available planting season with others of similar size, species and number, unless otherwise agreed in writing by the local planning authority.

Reason: To ensure that due regard is paid to the continuing enhancement and maintenance of amenity afforded by landscape features in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM5 and DM9 of the Development Management Policies 2015.

(9)         No equipment, machinery or materials shall be brought onto the site for the purpose of the development, until a scheme showing the exact position of protective fencing to enclose all retained trees as shown on the submitted plans, beyond the outer edge of the overhang of their branches in accordance with British Standard 5837: 2012 - Trees in Relation to Construction (or later revision), has been submitted to and approved in writing by the local planning authority, and the protective fencing has been erected in accordance with the approved details. This fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the local planning authority.

Reason: To protect the trees on site which are to be retained in the interests of the visual amenities of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM5 and DM9 of the Development Management Policies 2015.

(10)      The development hereby permitted shall not be occupied until the cycle parking facilities mentioned on the approved plans have been fully implemented and available for use. The cycle parking facilities shall be Sheffield stands and there shall be no less than space for 16 bicycles to be stored. The cycle parking facilities shall thereafter be retained for use by the occupants of, and visitors to, the development at all times.

Reason: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than private motor vehicles in accordance with Policy CS16 of the Core Strategy (2007) and Policy DM36 of the Development Management Policies 2015.

(11)      Prior to the commencement of development, details and samples of the external surfaces to be used for the development of the three kiosks shall be submitted to and approved in writing by the local planning authority.  The development shall be carried out in accordance with the approved details.

Reason: To secure a satisfactory appearance in the interests of the visual amenities and character of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM9 and DM10 of the Development Management Policies 2015.

(12)      The “Evocation of Speed” equestrian statue shall not be removed from its current location before 31 March 2018 except with the prior written approval of the Local Planning Authority.

Reason: To enable the new location to be agreed and prepared in advance in the interests of protecting this important piece of public art and to agree where it would be stored in the interim if relocated before that date. In order to accord with Policy E9 of Plan E – April 2011.

(13)      A new Pyrus calleryana Chanticleer to a size of approximately 4m in height and 20cm girth is to be planted before the removal of the Ornamental Pear closest to the High Street and before the end of the first planting season (November –March) before the start of the agreed development  works.  Within a five year period from completion of the development, should this tree (or subsequent replacements) die or be removed, it should be replaced in the next planting season with a tree of similar size and species, and all new/replacement trees shall be subject to a further five year replanting period.  An arboricultural method statement shall be submitted and agreed by the Borough Council in advance of the above planting which details how the planting pit will be constructed and supervised to ensure root disturbance of adjoining trees is minimised. 

Reason: To ensure the provision, establishment and maintenance of a replacement tree within the site in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM5 and DM9 of the Development Management Policies 2015.

Informatives:

(1)         The Council confirms that in assessing this planning application it has worked with the applicant in a positive and proactive way, in line with the requirements of paragraph 186-187 of the National Planning Policy Framework 2012.

(2)         The permission hereby granted shall not be construed as authority to carry out any works on the highway or any works that may affect a drainage channel/culvert or water course.  The applicant is advised that a permit and, potentially, a Section 278 agreement must be obtained from the Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. All works on the highway will require a permit and an application will need to be submitted to the County Council's Street Works Team up to 3 months in advance of the intended start date, depending on the scale of the works proposed and the classification of the road. Please see http://www.surreycc.gov.uk/roads-and-transport/road-permits-and-licences/the-traffic-management-permit-scheme. The applicant is also advised that consent may be required under Section 23 of the Land Drainage Act 1991.  Please see www.surreycc.gov.uk/people-and-community/emergency-planning-and-community-safety/flooding-advice.

The Committee noted verbal representations from the applicant and an objector.  Letters of representation had been published on the Council’s website and were available to the public and members of the Committee in advance of the meeting.

Note:  In the interests of openness and transparency Councillor David Wood indicated that a close relative was a member of the Tree Advisory Board.  However, he did not consider that it could be regarded as sufficiently close an association as to effect his consideration of the item.