Agenda item

09/4017N-Construction of Two Newt Mitigation Areas and Associated Corridors, 92 London Road, Stapeley, Nantwich for Mr R Adams, NJL Consulting, Adamson House, Towers Business Park, Wilmslow Road, Didsbury, Manchester

To consider the above application.


(As the Planning Officer presented the report Councillors Rachel Bailey and S Wilkinson arrived to the meeting.  The Chairman asked the Officer to repeat her opening of the application in order for both Councillors to be able to take part in the debate and vote on the application.  Councillor J Wray arrived part way through consideration of the application and in accordance with the Code of Conduct did not take any part in consideration of the application).



Consideration was given to the above application.


(Councillor R Walker, the Ward Councillor Mr Williams, an objector and Mr Adams the agent for the applicant attended the meeting and spoke in respect of the application).




That the application be approved subject to the completion of a Section 106 agreement in relation to application P06/1001 which includes a requirement for the submission of an ecological mitigation strategy shall be modified to ensure that (1) reference is made to the Ecological Mitigation Design Strategy prepared by TEP and dated August 2007 as modified by planning application 09/4017N and (2) the wording reflects the fact that this application has already been submitted.  In addition the following conditions were also agreed:-


1.     Standard.

2.     Amended plans-to refer to the latest revised plans received.

3.     Phasing plan and timetable for implementation of works.

4.     If the S106 for Stapeley Water Gardens development site is not completed and signed within 6 months of the date of the planning permission for the newt mitigation, a fully detailed maintenance scheme, identifying parties responsible for the maintenance and provision for maintenance in the event that the original party is no longer able to meet the requirements, shall be submitted to the Local Planning Authority within one month of the expiry of the 6 month period for approval in writing. The maintenance plan shall provide for maintenance in perpetuity and be implemented in accordance with the approved scheme.

5.     Fully detailed landscaping scheme to be submitted within four months of the date of the newt mitigation decision notice.

6.     Implementation of the landscaping scheme within the 2010-2011 planting season.

7.     Ponds and habitat areas in Areas A and B and the linking corridor between these two areas to be used solely for wildlife mitigation and not for any other purpose and no ponds to be stocked with fish at any time. No ponds to be used for any SUDS scheme. No public access to Areas A and B and the linking habitat corridor between these two areas.

8.     Application for the access road to serve the relocated Water Gardens and the B1 office development to include planting to form linkages to Area A and compensate for the short fall of terrestrial habitat requirements of the EMDS and provide additional planting to link Area A and the Cronkinson Farm mitigation land. Landscaping to include a minimum of 0.1 ha.

9.     Full details of bat boxes to be submitted, location of appropriate tree in area. Implementation.

10.Prior to the completion of the development hereby approved and implementation of landscaping scheme no tree felling or other works to trees within the application area for this application without the prior written approval of the Local Planning Authority

11.Scheme for the submission of tree and hedgerow protection and implementation.

12.The formation of mounds using excavated material shall not take place within the root zone of any retained trees. 

13.Scheme for the removal of the reservoir and repositioned at ground level in the southern linking corridor to be submitted approved and implemented.

14.Scheme for the provision of nest boxes for BAP species (Dunnock and Song Thrush).

15.All phases of residential development to include details of bird nest boxes for house sparrows and implementation.

16.Details of provision of amphibian tunnels to be provided in the appropriate applications for the construction of the roads and provided as the roads are constructed.

17.Masterplan submitted with the application shall be purely illustrative and not binding on the future development of Stapeley Water Gardens.

18.Protection of nesting birds.


(The following application was taken after Minute No. 200).


Supporting documents: