Agenda and minutes

In the interest of openness in respect of application 13/2035 N, Councillor J Hammond declared that he was a member of the Cheshire Wildlife Trust who had been consulted on the application, however he had not made any comments in respect of the application.

In the interest of openness and total transparency in respect of applications 10/0692W and 13/3774W, Councillor J Hammond declared whilst he had no involvement in discussions relating to these applications, his appointment as a Director of the Shadow Board of ANSA Environmental Services Ltd who would be delivering Waste Management Services on behalf of the Authority could give the public perception that the Company of which he was a Director of had a pecuniary interest.  As a result he left the room prior to consideration of both of the applications and returned to the meeting only once the decision had been made.

In the interest of openness in respect of agenda item 8 (Consultation report), Councillor P Edwards declared that he was a member of Middlewich Town Council who had been a consultee on the application.

In the interest of openness in respect of the same item, Councillor S Wilkinson declared that he had traded with some of the companies involved in the report.

Consideration was given to the above application.

(Dr Webster, representing Alpraham Parish Council, Parish Councillor Smith, representing Calveley Parish Council, Jo Kenwright, an objector, Mr Pearce, a Supporter and Conor Vallelley, the agent for the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That for the reasons set out in the report and in the update to Board the application be approved subject to the completion of a Section 106 Agreement securing the following:-

·                Applicant will provide a Travel Plan which will secure public transport improvements and a monitoring mechanism to address future employment user shift patterns and for the implementation of an extension to public bus services to serve the site for a period of 5 years at £20,000 per annum at a total sum of £100,000.

·                Payment of £103,222 to address issues of highways safety, amenity and reduction in severance in the villages of Calveley and Alpraham including improved gateway features, matrix signs and pedestrian crossing. Also a £12,000 contribution to HGV weight restrictions and signage (to be enforced by a Traffic Regulation Order) on Calveley Hall Lane – The trigger is delegated to the Planning and Place Shaping Manager in consultation with the Chair of the Strategic Planning Board.

·                Payment of £85,963 to address issues of highways safety, amenity and reduction in severance in the villages of Wardle and Barbridge to provide matrix signs and a pedestrian crossing – The trigger is delegated to the Planning and Place Shaping Manager in consultation with the Chair of the Strategic Planning Board.

·                Payment of £28,500 towards junction improvements at Reaseheath Roundabout – financial contribution triggered at 45,000sqm of the development being complete and only in the circumstance where improvements to the Reaseheath Roundabout/A51 are not delivered through the North West Nantwich/Kingsley Fields scheme (application ref 13/2471N).

·                Payments of £155,000 towards junction improvements at Alvaston Roundabout and £44,000 towards junction improvements at Peacock Roundabout – both financial contributions triggered at 65,000sqm of the development being complete.

·                Payment of £448,602 towards provision of a new junction at Burford Crossroads – financial contribution triggered at 35,000sqm of the development being complete.

And subject to the following conditions:-

1. The subsequent approval by the Local Planning Authority before development of each phase commences of the appearance, layout and scale of the proposed building(s), structures and public art and the positions and the landscaping of the site, in accordance with the phasing defined in condition 5 below.

2. Application for reserved matters must be made not later than the expiration of three years from the date of this permission.

3. Development to be implemented within 3 years of the date of this outline permission or expiry of 2 years from final approval of the last of the reserved matters.

4. Approved Plans

5. Details of phasing to be submitted to the LPA for approval in writing

6. The uses of land and principles of development shall comply with the details shown on drawing number PL1132.PA.003 except that  ...  view the full minutes text for item 118.

Consideration was given to the above application.

RESOLVED

That for the reasons set out in the report and in the oral update to Board and subject to receiving confirmation from the Property Portfolio Manager that they have noted the reliance being placed on the legal easement to enter the Phase 1 land for the purposes of carrying out gas and leachate monitoring/maintenance the recommendation for approval should be maintained as per the Strategic Planning Board committee report dated 2June 2010; subject to:

(1)       Deed of variation to the existing Section 106 Planning Obligation to the extent described in the report to secure:

-       diversion and maintenance in perpetuity Fowle Brook;

-       long-term management of the restored nature conservation area on Cell 9a for a period of 15 years following the restoration of Cell 9a

-       monitoring and maintenance of the leachate control system;

-       monitoring the generation and extraction of landfill gas;

-       Heavy Goods Vehicle routing; and

-       Maintenance and management of a length of Maw Green Road.

(2)       Planning permission being granted subject to conditions covering in particular: - 

-       All the conditions attached to permission 7/P05/1326 unless amended by those below;

-       Approved plans;

-       Revisions to existing approved restoration plan – replace with in interim and final restoration plan and associated restoration conditions;

-       Revisions to existing phasing plans and associated phasing conditions;

-       Revisions to existing pre-settlement contours, and associated contouring conditions;

-       Additional surface water lagoon plan;

-       Extension of time to 31^st December 2017 with interim restoration of the site within 12 months or no later than 31^st December 2018

-       Final restoration as final restoration plan to be no later than 12 months following the cessation of production of leachate and landfill gas;

-       Interim and final restoration proposals to be amended to include rough tussocky grassland to provide suitable habitat for breeding skylarks;

-       Approved Method statement for protected species;

-       Liaison Committee Scheme;

-       Noise limits;

-       Noise Monitoring Scheme;

Best practical site management for noise/ dust/ odour/ flies/ vermin/ birds/ litter control as per ES.

Consideration was given to the above application.

RESOLVED

That for the reasons set out in the report the application to vary the wording of condition 6 of permission 11/3389N be approved as follows:-

The importation of green waste to the site and the unloading of green waste vehicles shall only take place within the following periods:

0800-1800hrs Monday to Friday between 1^st March and 31^st October.

0800-1200hrs Saturday.

0800-1600 Monday to Friday between 1^st November and 29^th February.

0800-1200hrs Saturday.

No importation of green waste taking place outside these times or on Sundays.

Bank Holidays:

Subject to the provisions below, the importation of green waste to the site and the unloading of green waste vehicles on Bank or Public Holidays shall only take place between the hours of 0830 – 1600.

 
No importation of green waste material or unloading is permitted outside of these hours or on Christmas Day, Boxing Day or New Years Day.

In addition the Board agreed to the addition of a planning condition requiring the erection of appropriate signs for speed restriction and warning of pedestrians.

In the event of any changes being needed to the wording of the Board’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Planning and Place Shaping Manager has delegated authority to do so in consultation with the Chairman of the Strategic Planning Board, provided that the changes do not exceed the substantive nature of the Board’s decision.

Should this application be the subject of an appeal, authority be delegated to the Planning and Place Shaping Manager in consultation with the Chairman of the Strategic Planning Board to enter into a planning agreement in accordance with the S106 Town and Country Planning Act to secure the Heads of Terms for a S106 Agreement.

Consideration was given to the above report.

RESOLVED

That subject to the following contributions to highway improvements and conditions as outlined below the scheme be fully supported:-

Contributions

A sum of £5000 to be provided to Cheshire East Council to improve the existing public footpath No 19 in Middlewich with a view to developing the right of way to encourage sustainable transport use to the development

A sum of £105,000 to be provided to the Cheshire East Council to allow for the improvements to the Leadsmithy/A54 junction or in the case where this junction has already been improved the sum to be used to assist in the delivery of the Middlewich eastern bypass

Suggested Conditions

General

• Time limits for detailed and reserved matters
• Details of materials
• Landscaping & Implementation
• Construction / Environmental Management Plan

Environmental Health

• Noise monitoring programme
• Hours of construction
• Odour control
• Provision of Electric vehicle infrastructure

Ecology

• 8m buffer alongside water courses
• Safeguarding breeding birds
• Compensatory planting for any loss of hedgerows 
• Method statement for removal of Himalayan balsam

Commercial/Retail

• Define comparison and convenience goods floorspace
• Restricted goods for sale for each type of end user, e.g. garden centre, box park etc;
• Use classes in each “zone” of the development site
• Define the area of floorspace that may be used by particular types of end users;
• Prevent the subdivision of retail units or the merging together of smaller units;
• Prevent the introduction of mezzanine floors;
• Hours of operation/ trading for the business and retail units.

Highways

• A detailed scheme for the site access onto the A54 Holmes Chapel Road shall be submitted/approved
• A detailed scheme for the site access onto the Pochin Way (including relining of the cycle lane on Pochin Way carriageway and a pedestrian refuge) shall be submitted/approved
• Detailed scheme shall be submitted/approved for the off-site highway improvements on the A54 Holmes Chapel Road and Pochin Way roundabout.
• Detailed scheme shall be submitted/approved for the public right of way No 19 improvements between Pochin Way and Brooks Lane within Pochin Land ownership to include hard paving the surface and where possible widening of the footpath to accommodate cycles
• Details of Travel Plans to be submitted for each business