Drive-through restaurant and shops at Land Between 338 Chatsworth Road, Chesterfield

What was proposed

The scheme would retain the main public house, demolish other buildings, and provide a drive-through restaurant, commercial units and associated works.

“PROPOSAL: Demolition of existing buildings (retention of main public house building) and erection of a drive through restaurant and commercial units with associated works…”

Officer report

The site and surroundings

The site contains a public house, terrace and mature trees within the Chatsworth Road Conservation Area, beside the River Hipper and Walton Works.

“The site also lies within the Chatsworth Road Conservation Area and forms part of the setting of Grade II* listed Walton Work, which is located to the south west. It formerly formed part of the wider curtilage of Walton Works, encompassing a complex of land and buildings previously used by the Robinsons.”

“The application site includes a public house, known as The Tap House, a terrace and six mature trees on the site frontage. The existing buildings front onto Chatsworth Road. At the time of the officer’s site visit, part of the site was used for the parking of vehicles and the rest being largely overgrown. The River Hipper runs alongside the southern boundary of the site.”

Officer report

Planning history

Earlier permissions and applications covered a care home, Walton Works regeneration, an external smoking shelter and a public house extension.

“Adjacent site: CHE/15/00832/FUL - Hybrid planning application comprising of full planning permission for restoration and conversion of the grade II* listed Walton Works building to 4 ground floor retail units (370.65sqm) with 26 apartments above and Mill Terrace to 11 dwellings with associated parking together with outline planning permission (all matters reserved) for the erection of additional residential units, 2 retail units (1574sqm and 1858sqm) and a public house…”

“Adjacent site: CHE/15/00843/LBC listed building application, comprising of restoration and conversion of the grade II* listed Walton Works building to 4 ground floor retail units (370.65sqm) with 26 apartments above and Mill Terrace to 11 dwellings with associated parking - revised information received 31/10/2016 and 23/03/2017 (relating to works to the listed building) – Pending decision as linked to s106 referred to above CHE/12/00309/FUL Mixed use regeneration of site…”

Officer report

What officers recommended

Officers recommended refusal because the proposal conflicted with housing policies and would harm the conservation area and Grade II* listed Walton Works setting.

“The proposal seeks the re-development of the site with a drive through and commercial uses, which includes the retention of a public house and an associated residential unit. The application site is an allocated housing site (H30), as shown on the Local Plan Policies Map, and the Borough Council do not currently have a 5 year supply of deliverable housing sites.”

“The proposed development through the introduction of the proposed drive through layout and building, along with the loss of the terraced building and the design of the new commercial units, would not preserve or enhance the character or the appearance of the Chatsworth Road Conservation Area and would not preserve the setting of the Grade II* listed building (Walton Works), resulting in harm to the significance of these heritage assets.”

Officer report

Consultation responses

Highways raised no objections subject to conditions, while Historic England and the Conservation Officer raised heritage concerns and Yorkshire Water objected to tree planting.

“Highway Authority No objections subject to conditions.”

“Yorkshire Water Object to the proposal, due to proximity of new tree planting to a Yorkshire Water maintained disposal main.”

Officer report

Who spoke

The agent addressed the committee, and correspondence from Councillors Snowdon and Kellman was considered alongside a further public representation.

Committee discussion

Members discussed traffic, nearby homes, highways and opening hours before proposing approval with a later start time for public sales.

“The Committee considered the report and noted the concerns raised around possible increased traffic and nearby residential properties. It was also noted that Highways had no objections subject to the conditions within the officer’s report. The opening hours were a concern raised by…”

“Councillor Miles and seconded by Councillor G Falconer. Further discussions then took place regarding different opening hours by Councillors.”

Minutes

The vote

The committee approved the counter-proposal by seven votes to three, following a proposal to approve the application and recorded abstentions and opposition.

“Councillor Brittain proposed that the application be approved and this was seconded by Councillor Ridgway.”

“A further proposal was then put forward by Councillor Brittain to approve the application subject to the conditions in the report with an amendment to condition 23 to change the opening time to 7am (instead of 6am) but with the evening remaining as proposed in the application. This was then voted on and seconded by Councillor Callan. A total of 7 votes in favour of the counter proposal and 3 votes went against the counter proposal.”

Minutes

Final decision

Permission was granted subject to the report’s conditions, amended so sales to the public would start at 7am.

“That the application be GRANTED subject to the conditions outlined in the officer’s report with the amendment to the hours condition 23 to have the start time for sales to the public at 7am.”

Minutes