Einstein's directors fear Chesterfield development could cause problems

Bosses at Einstein's in Chesterfield have voiced concern about a new development near their bar.
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Chesterfield Borough Council has granted conditional planning permission for the demolition of 9D Holywell Street, which is currently vacant after being used as a taxi booking office.

Heritage Midlands Ltd will then build a two-storey property at the site comprising of offices on the ground floor and three one-bedroom apartments on the first floor.

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Richard Qualter and Ben Parr, directors of Einstein's, say they 'strongly object' to the development.

In a letter to the council, the pair said: "The development will mean loss of privacy of our premises.

"The bedroom windows will look directly on to our rear beer terrace area which is heavily used at night.

"Although there is no music in this area human voices and chatter is quite predominant and audible until 2.30 in the morning.

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"We would be concerned that with the proposed closeness of these bedroom windows it would be beyond our reasonable control of noise and could lead to potential action being taken against us in the future.

"There is also quite bright lighting in the beer terrace area which could disturb the residents at night-time/in the early hours of the morning.

"Our smoking area is also within the beer terrace and we have concerns that there would be smoke ingress into the bedrooms in summer should the windows be open at night.

"In conclusion we strongly object to this application in its entity.

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"We think it totally an unsuitable site for the proposed use and would question the demand for bedsit type accommodation in a predominately retail/leisure use area."

However, the planning officer said in their report: "The environmental services officer was consulted on the application and raised no objections.

"It is not therefore considered that there would be any significant noise pollution for residents or any potential necessity to reduce trading hours.

"Einstein's is a bar, so there would be no issues with regards to residential amenity and the beer garden is well screened by boundary fences.

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"With regards to smoke from the beer garden causing issues for residents, there would be a level of separation between the new building and the beer garden.

"As such, it is not considered that this issue would be a major concern.

"With regards to the quality and demand for the proposed apartments, it is considered that the studios are of an acceptable standard and would be situated in a sustainable location that is well served by amenities and transport.

"In terms of demand, it is not considered that an application would have been submitted if there was no demand for a development of this nature."

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Derbyshire Constabulary was consulted on the planning application and a responding officer stated: "In my view the siting of residential property as proposed would be problematic because of the surrounding commercial uses.

"On the opposite side of the proposed site, the rear and raised external deck of Einstein's bar would be very close to apartment windows, and with Einstein's permitted hours of operating, this would be a significant amenity problem for residential occupation.

"Given this likely conflict my view is that the residential element proposed would be unacceptable in principle without evidence of measures to mitigate."