Agenda item

Consideration was given to the above application.

(Councillor J Macrae, the Ward Councillor, Councillor L Gilbert, a visiting Councillor, Councillor Mrs O Hunter, the neighbouring Ward Councillor, Town Councillor Michael Houghton, representing Knutsford Town Council, Steve Torkington representing Save Tatton Action Group, Mr Reeves, an objector, Susan Appleton, a supporter, Phillippa Meachin, a supporter and Tom Blofeld, 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 written and oral update to Board the application be approved subject to:-

(1) An Agreement under  s111 Local Government Act 1972 and s1 Localism Act 2011  securing (by way of a further Agreement under s106 Town & Country Planning Agreement 1990):-

(a) £800,000 comprising £160,000 to be paid upon the Development first being brought into use and £160,000 on the anniversary of that date for the following four years, to be spent by the Council on works identified in the Conservation Action Plan at Appendix 1 of “The Bewilderwood Scheme – Public Benefits vs Harm” statement submitted with the planning application. The programme of works may be amended from time to time with the consent of the Interim Planning & Place Shaping Manager but shall always accord with the latest QuinQuennial Review of the Heritage Asset and shall not be spent within the Bewilderwood site.

(b) A Performance Bond on terms approved by the Council and given by a reputable financial institution approved by the Council, which guarantees performance of site restoration works required by condition, upon the Development ceasing to operate.

(c) Further sums which will vary according to the income generated by the scheme and which shall be calculated according to the methodology used to produce the 5 – 20 Year Potential Financial Profile at Appendix 2 of “The Bewilderwood Scheme – Public Benefits vs Harm” statement submitted with the planning application. Agreeing the detail of the methodology is delegated to the Interim Planning & Place Shaping Manager and the Chief Operating Officer, who will take into account the Applicants` full business plan for the Development and may discount sums already secured for the benefit of the Heritage Asset by other means such as lease or licence of the site. Such further sums are to be spent by the Council on works identified in a Conservation Management Plan for the Heritage Asset based on the draft Conservation Management Plan at Appendix 3 of “The Bewilderwood Scheme – Public Benefits vs Harm” statement submitted with the planning application. The programme of works may be amended from time to time with the consent of the Interim Planning & Place Shaping Manager but shall always accord with the latest QuinQuennial Review of the Heritage Asset and shall not be spent within the Bewilderwood site.

And subject to the following conditions:-

1.   Standard time 3 years

2.   Development to proceed in accordance with the approved plans

3.   The development permitted by this planning permission shall only be carried out in accordance with the approved Drainage Strategy & Flood Risk Assessment by Bidwells dated Feb 2012 and the following mitigation measures detailed within the FRA:

• Impermeable areas are to discharge surface water run-off to soakaways and/or swales as outlined in section 4.
• Identification and provision of safe route(s) into and out of the site to an appropriate safe haven together with the provision of a flood warning and evacuation plan as in section 5.5.
• Flood resilience measures detailed in sections 5.3, 5.4 & 5.8 are shown to be implemented in the proposed development.

4. Before construction works start on the bridge crossings over Birkin Brook a detailed mitigation plan should be submitted for approval.  The number of proposed crossing points over Birkin Brook does not quite conform with Water Framework Directive objectives for the waterbody and as such there needs to be clear mitigation works to directly enhance Birkin Brook to ensure it meets its ecological targets.
5. Before any construction works commence on site, a control or eradication plan to prevent the spread of Himalayan balsam and Japanese knotweed should be submitted for approval.  It is an offence under the Wildlife and Countryside Act 1981 (as amended) to recklessly spread these highly invasive species which can dominate riverbanks, reducing the ecological value of them.
6. Any in-channel works should be carried out between July and December to avoid disturbance to fish spawning and migration.  Birkin Brook is known to have good numbers of brown trout, chub and dace which are all protected under the Salmon and Freshwater Fisheries Act 1975
7. The proposed recommendations and mitigation measures set out in the application documents are implemented, including a Wildlife Protection Plan for Construction (ES appendix 8.17 refers) and ecological mitigation and enhancement works within the red line application area and also in the wider area formingTatton Park (ES appendix 8.18 refers).
8. No development shall take place within the area indicated until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority. The work shall be carried out strictly in accordance with the approved scheme.
9. Opening hours Feb – October 9.30 – 18.30 or dusk (whichever is sooner).
10. A wildlife construction management plan, including long term design objectives, management responsibilities and maintenance schedules for all areas, shall be submitted to and approved by the Local Planning Authority prior to commencement of any part of the development. The management plan shall be implemented as approved.
11. No development shall take place until a schedule of landscape maintenance for a minimum period of 10 years has been submitted to and approved in writing by the Local Planning Authority.  The schedule shall include details of the arrangements for its implementation.  The landscape maintenance shall be carried out in accordance with the approved schedule.
12. If within a period of 5 years from the date of the planting of any tree, that tree or any tree planted in replacement of it, is removed, uprooted or destroyed or dies, or becomes in the opinion of the Local Planning Authority seriously damaged or defective, another tree of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives written consent to any variation.
13. No trees, shrubs or hedges within the site which are shown as being retained on the approved plans shall be felled, uprooted, wilfully damaged or destroyed, cut back in any way or removed without the prior written consent of the Local Planning Authority.  Any trees, shrubs or hedges removed without such consent, or which die or become severely damaged or seriously diseased within five years from the occupation of any building or the development hereby permitted being brought into use shall be replaced with trees, shrubs or hedge plants of similar size and species until the Local Planning Authority gives written consent to any variation.
14. Prior to the commencement of development or other operations being undertaken on site in connection with the development hereby approved (including any tree felling, tree pruning, demolition works, soil moving, temporary access construction and / or widening, or any operations involving the use of motorised vehicles or construction machinery) a detailed Construction Specification / Method Statement for tree protection/retention shall be submitted to and approved in writing by the Local Planning Authority.  This shall provide for the long term retention of the trees.  No development or other operations shall take place except in complete accordance with the approved Construction Specification / Method Statement.
15. Prior to the commencement of development or other operations being undertaken on site in connection with the development hereby approved (including any tree felling, tree pruning, demolition works, soil moving, temporary access construction and / or widening, or any operations involving the use of motorised vehicles or construction machinery) a detailed tree felling / pruning specification  shall be submitted to and approved in writing by the Local Planning Authority.  All tree felling and pruning works shall be carried out in full accordance with the approved specification and the requirements of British Standard 3998 Recommendations for Tree Works.
16. Prior to the commencement  of development or other operations being undertaken  on site in connection with the development hereby approved (including any tree felling, tree pruning, demolition works, soil moving, temporary access construction and / or widening, or any operations involving the use of motorised vehicles or construction machinery) a detailed Arboricultural Method Statement  shall be submitted to and approved in writing by the Local Planning Authority.  No development or other operations shall take place except in complete accordance with the approved Method Statement.  Such Method Statement shall include full details of the following:

a) Implementation, supervision and monitoring of the approved Tree Protection Scheme

b)  Implementation, supervision and monitoring of the approved Tree Work Specification

c) Implementation, supervision and monitoring of all approved construction works within any area designated as being fenced off or otherwise protected in the approved Tree Protection Scheme

d) Timing and phasing of Arboricultural works in relation to the approved development.

17. The plans and particulars submitted in accordance with condition 16 above shall include:

     a)  a plan showing the location of, and allocating a reference number to, each existing tree on the site which has a stem with a diameter, measured over the bark at a point 1.5m above ground level, exceeding 75mm, showing which trees are to be retained and the crown spread of each retained tree.

     b)  details of the species, diameter (measured in accordance with paragraph (a) above) and the approximate height, and an assessment of the general state of health and stability of each retained tree and of each tree which is on land adjacent to the site and to which paragraphs (c) and (d) below apply.

     c)  details of any proposed topping or lopping of any retained tree or of any tree on land adjacent to the site.

     d)  details of any proposed alterations in existing ground levels, and the position of any proposed excavation, within the crown spread of any retained tree or of any tree on land adjacent to the site, or within a distance from any retained tree or any tree on land adjacent to the site equivalent to half the height of that tree.

     e)  details of the specification and proposed fencing and of any other measures to be taken for the protection of any retained tree from damage before or during the course of development.

     In this condition ‘retained tree’ means an existing tree which is to be retained in accordance with the plan referred to in paragraph (a) above.

  18. Restoration of the site once the development ceases to operate

 19. 4. No excavation material to be taken off site

  20. Removal of all imported stone and surfaces and car park planting   within 3 months of the attraction ceasing to operate

21. Implementation of Great Crested Newt mitigation strategy unless amended by subsequent Natural England license.

22. Detailed specification of fencing designed to restrict visitor access outside the recognised activity areas.

23. Undertake and submit an updated badger survey/method statement immediately prior to commencement of works.

24. Submission of habitat management plan for the identified onsite and offsite woodlands to specifically include detailed proposals for the enhancement of breeding bird habitats including dead wood provision. Management to be for the operational life of the development.

25. Method statement for installation of service trenches.

26. Safeguarding of breeding birds

27. Submission of details of bird nest box provision (reflecting what the RSPB asked for).

28. Pond restoration method statement.

29. Submission of detailed proposals for the provision of bat boxes.

30. Detailed proposals for the restoration of c.9ha of parkland habitat.

31. Management plan for the restored area of parkland for the duration of the operational life of the development.

32. Detailed proposals for the establishment of eastern boundary hedgerow.

33. Detailed method statement for translocation and re-establishment of any woodland ground flora to be adversely affected by the proposed development.

34. Submission of Construction Wildlife Management Plan

  35. Traffic Management Plan to be submitted to the LPA prior to occupation

  36. All service trench work should be implemented in accordance with NJUG 10

(2) The approval notice shall not be issued until the application has been referred to the Secretary of State in accordance with the TCP (Consultation)(England) Direction 2009 and either (i) the Secretary of State has notified the LPA that he does not intend to call in the application for determination by  him or (ii) 21 days have expired since the Secretary of State received the application and he has not called it in for determination.

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 Interim 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.

(The meeting adjourned for lunch at 1.25pm until 2.10pm).