Agenda item

To consider the above planning application.

Note: Councillors J Clowes and S Daviesleft the meeting prior to consideration of this application.

Note: The Senior Lawyer advised the Committee that there were sufficient differences between the previous application and this resubmitted application for Members to be able to approach it with an open mind.

Note: Councillor M Parsons (Ward Councillor), Mr S Molesworth (on behalf of a Local Representative Group), Mr B Cole (objector) and Ms H Hartley (on behalf of the applicant) attended the meeting and addressed the Committee on this matter.

The Committee considered a report regarding the above planning application and a written update.  There was also an oral update by the Southern Area Manager – Development Management, who clarified that CIL Regulations did not cover the provision of affordable housing and reported comments from Councillor S McGrory, who was unable to attend the meeting.

RESOLVED - That, for the reasons set out in the report, the application be APPROVED, subject to the satisfactory completion of a Section 106 agreement to secure:

·      Amenity green space contribution in lieu of on site provision:

     Recreation SpaceEnhanced Provision: £ 3,909.42

                                      Maintenance: £ 8,750.50 25 years)

     Open Space           Enhanced Provision: £10,621.22

                                      Maintenance: £22,089.00 (25 years)

(and that consideration be given to ring fencing the contribution for investment in the open space/play area at Fountain Fields on Queen Street)

·      Highways commuted sum of £30000 for provision of waiting restrictions and pedestrian improvements on Glastonbury Drive, Nantwich Road

and the following conditions:

1.      Time limit – 3 years

2.      Plans

3.      Materials – samples to be agreed

4.      Access to be constructed, formed and graded  to satisfaction of highways authority

5.      Protection of highway from mud and detritus during construction

6.      Tree and hedgerow protection measures

7.      Arboricultural Specification/Method statement

8.      Details of Hard and Soft Landscaping to be submitted prior to commencement. Landscape scheme to include replacement native hedgerow planting and trees for ecological purposes and boundary treatments

9.      Implementation of landscaping scheme

10.   Submission of updated ecological survey (badger)

11.   Breeding Bird Survey for works in nesting season

12.   Bats and bird boxes

13.   Translocation scheme for reptiles to proceed in full accordance with the submitted Reptile Mitigation Strategy produced by RSK dated October 2012 prior to commencement of any demolition or development on site

14.   Site drainage on separate system - details to be submitted

15.   The hours of construction/demolition of the development (and associated deliveries to the site)  shall be restricted to: Monday – Friday 08:00 to 18:00 hrs  Saturday 09:00 to 14:00 hrs Sundays and Public Holidays Nil

16.   Should there be a requirement to undertake foundation or other piling on site it is recommended that these operations are restricted to: Monday – Friday 08:30 – 17:30 hrs Saturday 09:30 – 13:00 hrs Sunday and Public Holidays Nil

17.   Submission of mitigation measures to minimise any impact on air quality from construction dust

18.   Submission of a Contaminated Land Phase II investigation. 

19.   Submission of Construction Management Plan (inc wheel wash facilities, location of contractors parking, storage of site cabins etc).  Construction traffic access via Nantwich Road only

20.   10% renewables

21.   Construction specification/method statement

22.   No new windows – gable elevations plot 12 and 15

23.   Details of design / surfacing of proposed footpath links   to site frontage

24.   Landscaping to include replacement hedge planting to boundaries

25.   Open plan estate layout – removal of permitted development rights for fences in front gardens

26.   Removal of permitted development rights for extensions-plots 11,12,12a,14,15,16,17,18,19,20,21,22,23

27.   Details of ground levels to be submitted

28.   Details of bin/bike store to be submitted and implemented for plots 12-15

29.   Method statement (trees) footpath link to Nantwich rd and construction of walls/access way to rear plot 12-15  - Nantwich Rd

30.   Management scheme to be submitted for the maintenance of communal  garden area plots 12-15

31.   The parking provision to plots 12 to 15 shall be a maximum of 150%

32.       The development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing set out in the Glossary to the National Planning Policy Framework. The scheme shall include:

• The numbers, type, and location on the site of the affordable housing provision which shall consist of not less than 30% of the dwellings (7 units)

• The tenure shall be split 65% social rented or affordable rented and 35% intermediate

• The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing. No more than 80% of the open market dwellings shall be occupied before the affordable housing is completed and available for occupation.

• The arrangements for the transfer of the affordable housing to an affordable housing provider or the management of the affordable housing if no Registered Social Landlord is involved.

• The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing.

• The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

• The affordable homes to be built to the standards adopted by the HCA at the time of development and achieve at least Code for Sustainable Homes Level 3