Agenda item

To consider the part withdrawal of the reasons for refusal relating to outline planning application 14/0114M for a hybrid planning application for mixed-use redevelopment.

Consideration was given to the above report.

RESOLVED

That for the reasons set out in the report, it was AGREED that the part withdrawal of the reasons for refusal relating to outline planning application 14/0114M for a hybrid planning application for mixed-use redevelopment in respect of lack of affordable housing should be removed and to instruct the Head of Planning (Regulation) not to contest this issue at the forthcoming Appeal. The appeal will still be contested on noise from aircraft and character grounds. The appeal will be defended on the following grounds:

1.  Although it is accepted that extensive noise mitigation measures can be provided to achieve a satisfactory indoor living acoustic environment, the site is not suitable for residential development, due to the inability to mitigate for noise from overhead aircraft, to a satisfactory level for outside living / amenity areas, which shall remain above 57dBA Leq, 16 hour, the threshold for the onset of significant community annoyance. This is contrary to Paragraph 123 of the National Planning Policy Framework: Avoid noise from giving rise to a significant adverse impact on health and quality of life. It is considered that the new development is not appropriate for its location, due to the effects of pollution on health and general amenity. Therefore, the development is contrary to Paragraph 120 of the National Planning Policy Framework.

2.  The Council acknowledge that housing applications should be considered in the context of the presumption in favour of sustainable development, the lack of a five year land supply of deliverable housing sites in Cheshire East, plus the planning benefits new housing would bring. However, this major housing development would have a significant adverse impact upon the character of the village of Mobberley contrary to policies BE1, H12 and DC1 within the Macclesfield Borough Local Plan 2004, and guidance within the National Planning Policy Framework, which state that permission should be refused for development that fails to take the opportunities available for improving the character and quality of an area and the way it functions. These adverse impacts would significantly and demonstrably outweigh the benefits of the proposal and would therefore be contrary to the National Planning Policy Framework.

Also resolve 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.

Heads of Terms for a Legal Agreement:

·      15% to 23% Affordable Housing (50% social or affordable rent, and 50% intermediate tenure);

·      A contribution of £737,548.00 is required towards primary education;

·      A contribution of £247,483.00 towards highway improvements to be made to junctions at A537 Brook Street and at Adams Hill;

·      Undertaken to provide a detailed Travel Plan for both the residential and commercial parts of the development to reduce traffic on the local highway network;

·      Speculative new build office space (15,403 sq ft) of speculative across 2 floors with 34 car parking spaces, to be developed if demand can be established through a 36 month agreed marketing process and period;

·      Provision of 8.4ha (20.6 acres) of open space (estimated cost £925,000) comprising; 18 allotments on approx 0.7 acres. Including a Football pitch, Public open space around football pitch item, car parking for POS/football pitch, changing rooms to Sport England standards (Circa £925,00.00);

·      A 15 year sum for maintenance of the open space will be required IF the Council agrees to the transfer of the open space to CEC on completion. (Circa £250,00.00);

·      Provision of a LEAP, two LAP's and a linear park and other incidental open space/landscaping within the residential area;

·      Alternatively, arrangements for the residential open space to be maintained in perpetuity will need to be made by the developer, subject to a detailed maintenance schedule to be agreed with the council, prior to commencement; and

·       Further viability testing throughout the development.