Agenda item

Consideration was given the above amended application.

 

RESOLVED

 

That the application be approved subject to the completion of a Section 106 Agreement comprising the following Heads of Terms:-

 

Off-site Highway Works

 

(a) Mill Street Enhancements

That prior to the commencement of development, the agreement shall secure the submission, delivery timeframe and detailed material specification for a scheme for public realm enhancements to Mill Street. 

The scheme shall be based around the provisions of SAB Plan 11 - DWG no N60749/11 Rev D with alterations to more accurately reflect the alternative design which emerges from the Town Centre Public Realm Study. The approved scheme shall then be implemented in accordance with an approved timescale

 

(b) Stonehouse Green

That prior to the commencement of development, a detailed scheme for enhancements to the Stonehouse Green pedestrian route is submitted, approved and implemented in accordance with a detailed timetable to be agreed. That the provision of funding for these works can be alternatively invested into the proposed works to Mill Street as identified at 1(a) 

 

(c) A54/A34 Rood Hill Junction Improvement

Secure a financial contribution prior to the commencement of development of no more than £45,000 towards the upgrade of the junction through replacement of the existing signal controller.

 

(d) Treatment of Victoria Street

Continuation of the agreed public realm treatment for the proposed Town Square along the length of Victoria Street connecting to Bridge Street in accordance with precise details and timeframe to be agreed.

 

(e) Provision of new surface level pedestrian crossing island to Market Street in accordance precise design and timeframe to be agreed with the Council.

 

2. Market Provision

Provision to cover the following: -

 

a) That prior to the first occupation of the hereby-approved food store, or an alternative timescale as may be agreed in writing by the Local Planning Authority, the applicants purchase and make available for use 36 new pop-up market stalls in accordance with a detailed specification to be agreed in writing by the Council. 

 

b) The applicant to purchase anchor points for any new stalls which are to be laid out in the new pubic square in a location and arrangement to be agreed in writing with the Council within an agreed timeframe.

 

c) The applicant to install pop-up sockets (or alternative power point specification) within the new pubic square in a location and arrangement to be agreed in writing with the Council within a timeframe to be agreed in writing by the Council.

 

3. New Public Square

 

Provisions to ensure the following: -

 

a) That no less than 12 events per annum, where they are agreed with the Town Council and Cheshire East Borough Council, can be held within the proposed public square.

 

b) To secure installation of facilities for lighting and power for public events within the new square in accordance with details to be agreed within the Council prior to the commencement of development and implemented prior to the first occupation of the food store or other such time as may be agreed in writing by the Local Planning Authority.

 

c) Ensure public access to the square at all times unless otherwise agreed in writing with the Local Planning Authority (LPA).

 

d) That prior to the commencement of development, the detailed design, material specification and landscape plan for the proposed public square is agreed in writing with the LPA and fully implemented in accordance with the approved plans prior to the first occupation of the development

 

4. Restrictions

 

a) Prevent the erection of shelving and display of advertisements within windows overlooking public realm within the proposed public square and Pedestrian walk way connecting to Mill Street and that a minimum of 75% of the ground floor windows overlooking Mill Street remain un-obscured of shelving, any form of advertisements or other structures.

 

b) That a café use by incorporated the food store floorspace overlooking the public square in accordance with precise details to be agreed in writing with the Council prior to fist occupation of the development.

 

5. Framework Travel Plan

 

a) To secure submission and implementation of a detailed Travel Plan based around the submitted Framework Travel Plan, to be agreed in writing by the Council with specific provisions and trigger mechanisms for the occupiers of the food store and hotel elements.

 

b) Secure a financial contribution of £5000 toward monitoring of the Travel Plan, returnable after 5-years should the Council not utilise the funds for monitoring of the agreement.

 

6.  Secure Two Hours Free Parking

 

7.Public Realm

 

A contribution of £10,000 or 50% (whichever is the lower) to the cost of a Public Realm Design Strategy commissioned by Congleton Town Council. Any cost savings which arise between (i) the implementation of the specification contained in the Strategy or of off-site highway works (if completed beforehand) and (ii) the applicant’s indicative costings for those works, shall be used to further enhance the public realm.

 

And subject to the following conditions:-

 

1. 3 Year Time Limit.

 

2. Development in accordance with the approved plans.

 

3. All external facing materials to be submitted and approved prior to the commencement of development and implemented in accordance with the approved details.

 

Design Related Matters

 

4. Development to be constructed with Green Roof, the details of which shall be submitted and approved prior to the commencement.

 

5. Precise design and materials specification of the feature tower to be submitted and approved prior to the commencement of development.

 

6. Minimum 100mm window reveal depths to the Mill Street Façade unless otherwise agreed in writing by the Local Planning Authority.

 

7. Site levels in accordance with approved drawings Environmental Health

 

8. Environment Agency contaminated land condition.

 

9. Further gas monitoring to be undertaken and scheme for gas protection measures submitted and approved prior to commencement of development.

 

10. Scheme for noise mitigation to achieve a BS8233: 1999 “Good Standard “to hotel bedrooms to northern and western facades to be submitted and approved prior to the commencement of development.

 

11. Scheme for noise mitigation to plant and equipment within the development for each phase of development in accordance with BS4142.

 

12. Submission of a Construction Environmental Management Plan to cover the following areas: -

a) Restriction on hours of demolition, construction and deliveries in accordance with those specified by Environmental Health

b) Submission of detailed scheme for measures to mitigate dust

c) Details of road sweeper provision during demolition and construction

d) Identification of storage and delivery areas within the site

e) To prevent materials being burnt on site

 

13. Scheme for ventilation and extraction equipment for the café and restaurant uses, extending to also include kitchen and bakery areas within the proposed hotel and or food store, to be submitted and approved for each phase of development and implemented thereafter.

 

Retail Conditions

 

14. Ensure total net retail floorspace with the food store is restricted to 3583m² with a maximum 2480m² net convenience floorspace and a maximum 1103m² net comparison floorspace.  In addition a percentage based approach is adopted to allow flexibility with a 70% convenience and 30% comparison goods split.

 

15. Restriction within the food store to prevent the inclusion of an instore pharmacy and post-office.

 

16.  Mezzanine level for ancillary accommodation only as specified on the approved plans unless otherwise agreed in writing by the Local Planning Authority.

 

Highways and Drainage

 

17. Restriction on food store opening hours Highway and Drainage Conditions

 

18. All car parking spaces proposed within the development to be fully available prior to the first use of the hereby-approved development.

 

19. Submission of surface water regulation and drainage strategy prior to the commencement of development and implementation of thereafter.

 

20. Prior to first occupation, precise details of cycle parking facilities to be submitted and approved.

 

21. Site to be drained on a separate system with only foul drainage connected into the existing foul public sewer which crosses the site. Surface water to be discharged into the Howty Brook.

 

Specific Conditions

 

22. Relocation of War plaque to a location to be agreed in writing prior to the commencement of development and fully implemented thereafter.

 

23. No development to commence until the temporary market facilities to the Fairground Site have been fully implemented in accordance with approved details unless otherwise agreed in writing with the Local Planning Authority.

 

24. Scheme for detailed archaeological investigation to be submitted and agreed prior to the commencement of development with a mechanism to ensure a mitigation strategy is agreed with the Local Planning Authority where necessary and fully implemented thereafter.

 

25. Prior to commencement of development a scheme for CCTV to be submitted and approved by the Local Planning Authority and fully implemented thereafter.

 

26. Prior to commencement of development a scheme for external lighting for the development site shall be submitted and approved by the Local Planning Authority and fully implemented thereafter. This is to also include town direction signage.

 

27. Prior to commencement of development detailed scheme for lighting and physical security measures for the Princess Street underpass to be submitted and approved by the Local Planning Authority and fully implemented thereafter.

 

28. Prior to commencement of development detailed scheme for security measures to all retail (excluding the food store) and internal market units to be submitted and approved by the by the Local Planning Authority to include details of internal roller shutters, panic and intruder Alarms and CCTV and fully implemented thereafter.

 

29. Prior to commencement of development, precise details of toilets which are available for public use to be submitted and approved in writing by the Local Planning Authority and fully implemented thereafter.

 

30. Detailed Landscape Plan to be submitted

 

31. 5-year landscape management condition

 

Ecology

 

32. Detailed scheme for implementation of Bat habitat creation/mitigation in accordance with recommendations within the applicants report to be submitted and approved in writing by the Local Planning Authority and fully implemented thereafter

 

33. Standard breeding bird condition

 

34. Submission of a Site Waste Management Plan prior to the commencement of development and fully implemented thereafter

 

35. Restriction to use classes - Restaurant & Café Uses. Excluding café within food store element which is included within the S106 Agreement

 

36. Phasing mechanism to ensure:-

 

a) That a construction timetable and overall build approach is agreed with the Council prior to the commencement of development and is fully implemented in accordance with those details unless otherwise agreed in writing by the Local Planning Authority.

 

b) Requiring that no part of the development be occupied until such time as the development has been fully constructed (externally) and completed in accordance with the approved plans.

 

37. Precise design of gable wall adjoining 19 Mill Street to be submitted and agreed in writing and fully implemented thereafter.

 

38. 10% renewable energy condition, precise details of power voltage optimisation system to be submitted, agreed in writing and fully implemented thereafter.

 

39. Precise details of Shop Mobility and time frame for implementation to be submitted and be agreed.

 

40.  Precise design of the brick panel to elevation L-L to be submitted and agreed in writing prior to the commencement of development

 

41.  Precise details for means of enclosure of the parapet wall adjacent as shown on elevation N-N shall be submitted and approved in writing and be fully implemented prior to first occupation of the hereby-approved food store.