(The Head of Planning
(Regulation)) read out a statement from Councillor S McGrory (Ward Councillor) who was unable to attend
the meeting and
Colonel R Goodwin,
Jacobs (On behalf of the Applicant) attended
the meeting and spoke in respect of the application)
The Board considered a
report and a written update regarding the above
application.
RESOLVED
That for the reasons
set out in the report the application for variation of conditions
be APPROVED subject to the following conditions:
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The development hereby approved shall be implemented as follows:
Phase 1:
the bypass
Phase 2:
The remainder of the development (including unit 101) or part
thereof.
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The approval of reserved matters relating to the
landscaping of the Phase 1 development shall be submitted to the
Local Planning Authority before the expiration of five years from
the date of the permission reference 11/0899C (granted 11 July
2011). The landscaping shall be carried
out in accordance with the approved plans.
The
approved landscaping works shall commence within 9 months of the
commencement of the Phase 1 development; and shall be substantially
completed within 9 months of the substantial completion of the
Phase 1 development.
Any trees
or plants within the approved advance landscaping scheme which,
within a period of 5 years from the completion of the development
die, are removed or become seriously damaged, shall be replaced in
the next planting season with others of similar size and species
unless the Local Planning Authority gives written consent to any
variation.
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The Phase 1 development hereby approved shall be
commenced before the expiration of five years from the date of this
permission reference 11/0899C (granted on 11 July 2011), or before
three years from the date of the approval of the last reserved
matters to be approved for this phase, whichever is the
later.
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Approval of the details of the layout, scale and
appearance of the buildings, the means of access thereto and the
landscaping of the phase 2 development or part thereof (hereinafter
called “the Phase 2 reserved matters”) shall be
obtained from the Local Planning Authority in writing before the
development of Phase 2 is commenced.
-
Application for approval of the Phase 2 reserved
matters shall be made to the Local Planning Authority before the
expiration of ten years from the date of this
permission.
-
The Phase 2 development hereby approved shall be
commenced before the expiration of ten years from the date of
permission reference 11/0899C (granted on 11 July 2011), or before
the expiration of two years from the date of approval of the last
reserved matters to be approved for this phase, whichever is the
earlier.
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None of the buildings hereby approved, shall be
occupied until the whole of the Middlewich Eastern bypass has been
opened to traffic.
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Prior to the commencement of each phase of the
development hereby approved, a scheme for the protection of those
trees proposed to be retained, shall be submitted to and approved
in writing by the Local Planning Authority. The approved tree protection scheme shall be
implemented prior to construction and retained during the
construction work on each phase.
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An Ecological and Landscape Management Plan shall be
prepared for each phase of the development and shall be in
accordance with the Strategic Ecological and Landscape Plan (SELP)
and the amendment to Paragraph 5.2, hereby approved and dated March
2008 and June 2011.
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Within the period of 6 months prior to the
commencement of the ecological mitigation and enabling works for
each phase of the development hereby approved, an Ecological and
Landscape Mitigation, Enhancement and Management Plan (ELMP) for
that phase shall be submitted to and approved in writing by the
Local Planning Authority. Each ELMP
shall be in accordance with the framework established in the
approved SELP (as amended in 2011), shall accord with, update and
implement the mitigation strategies proposed for protected species
in the Environmental Statement submitted with application number
07/0323/OUT, have specific regard to the particular issues related
to that phase of development and include details of the habitat
creation, enhancement scheme, ecological mitigation and
implementation and monitoring programmes required. The ecology and landscape shall be implemented and
managed in accordance with the approved Ecological and Landscape
Mitigation, Enhancement and Management Plan.
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Prior to the commencement of each phase of the
development hereby approved, details showing where soils and
aggregates are to be stored on the site relating to each phase,
shall be submitted to and approved in writing by the Local Planning
Authority and thereafter soils and aggregates shall be stored in
accordance with the approved details.
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Prior to the commencement of development of the
bypass hereby approved the design of the railway bridge and a
method statement for its construction, shall be submitted to and
approved in writing by the Local Planning Authority. The construction of the bridge shall be carried
out in accordance with the approved details unless otherwise agreed
in writing.
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Prior to the commencement of each phase of the
development hereby approved an air quality management plan covering
the period of construction for that phase shall be submitted to and
approved in writing by the Local Planning Authority. Construction shall be carried out in accordance
with the approved air quality management plan.
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Prior to the commencement of each phase of the
development hereby approved a noise management plan covering the
period of construction for that phase shall be submitted to and
approved in writing by the Local Planning Authority. Construction shall be carried out in accordance
with the approved noise management plan
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Prior to the occupation of any building hereby
approved a scheme for the acoustic enclosure of any fans,
compressors or other equipment with the potential to create noise
shall be submitted to and approved in writing by the Local Planning
Authority. The development of the scheme shall be implemented in
accordance with the approved details prior to the first occupation
and retained thereafter.
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During the construction of B1, B2, and B8 units and
hotel in any phase of the development hereby approved, foundation
and other piling should only take place between the following
hours, except as otherwise agreed in writing with the Local
Planning Authority:
Monday to
Friday
0730hrs to 1730hrs
Saturday
0730hrs to 1300hrs
Sunday
& Public Holidays
Nil
During the
construction of B1, B2 and B8 units and hotel in any phase of the
development
hereby approved, ‘floor floating’ should only take
place between the following hours, except as otherwise agreed in
writing with the Local Planning Authority:
Monday to
Friday
0730hrs to 1730hrs
Saturday
0730hrs to 1300hrs
Sunday
& Public Holidays
Nil
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Prior to the commencement of development of phase 2,
samples of the external materials and finishes to be used on the
buildings shall be submitted to and approved in writing by the
Local Planning Authority. The
development shall be carried out in accordance with the approved
details.
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All boundary treatments shall be in accordance with
details which have been submitted to and approved in writing by the
Local Planning Authority prior to first occupation. The details shall include the position, size,
design, colour and implementation for all boundary
treatments.
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No construction shall take place until details of an
archaeological watching brief for each phase has been submitted to
and approved in writing by the Local planning
Authority. Construction shall take
place in accordance with the approved details.
20. No construction
shall take place until an archaeological survey dig has been
undertaken on the area identified as Site 9 on the Environmental
Statement submitted with application number 07/0323/FUL, the scope
and methodology of which shall be approved in writing by the Local
Planning Authority. A written report of
this survey shall be submitted to the Cheshire Archaeology Planning
Advisory Service in A4 format within 6 months of the completion of
the dig unless otherwise agreed in writing with the Local Planning
Authority.
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The occupier of each of the buildings hereby
approved shall, within 3 months of occupation of each building in
phase 2, prepare and submit a travel plan for approval in writing
by the Local Planning Authority. The
travel plan shall be based upon staff travel survey data and
include targets and an action plan. Each occupier shall nominate a member of staff to
act in the role of travel plan co-ordinator to liaise with the
Highway Authority and oversee implementation of the travel
plan.
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Prior to first occupation of any phase 2 unit a
scheme detailing all external lighting shall be submitted to and
approved in writing by the Local Planning Authority. All external lighting shall be implemented in
strict accordance with the approved details.
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The Phase 1 development hereby approved
shall not be commenced until such time as a scheme for the
provision, implementation and management of a surface water
regulation system for the whole development has been submitted to,
and approved in writing by the Local Planning Authority. The
approved details shall be fully implemented prior to the road in
phase 1 being brought into use, and shall subsequently be
maintained in accordance with the approved details.
24.Where identified in
the Environmental Statement submitted with application number
07/0323/OUT, a flood attenuation scheme for each building in phase
2 of the development shall be submitted to and approved in writing
by the Local Planning Authority prior to the development of that
building, and shall be implemented in accordance with the approved
details prior to the occupation of that building.
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No phase 2 development approved by this permission
shall be commenced until a scheme for the disposal of foul and
surface waters has been submitted to and approved in writing by the
Local Planning Authority. Such a scheme
shall be constructed and completed in accordance with the approved
plans.
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Prior to being discharged into any watercourse,
surface water sewer or soakaway system, all surface water drainage
from impermeable parking areas, roadways and hardstandings for vehicle, commercial lorry parks
and petrol stations shall be passed through an oil interceptor
designed and constructed to have a capacity and details compatible
with the site being drained. Roof water
shall not pass through the interceptor.
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No phase 2 development approved by this permission
shall be commenced until a scheme for the storage, handling,
loading and unloading of fuels, oils, chemicals or effluents has
been approved in writing by the Local Planning
Authority. The works shall be
constructed and completed in accordance with the approved scheme
and programme.
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Prior to first occupation of Unit 101 a scheme
detailing the sprinkler tanks shall be submitted to and approved in
writing by the Local Planning Authority. The scheme shall detail an implementation
programme. The development shall be
undertaken in accordance with the approved scheme and
programme.
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Prior to the first occupation of Unit 101 a scheme
detailing the electricity sub stations shall be submitted to and
approved in writing by the Local Planning Authority. The scheme shall detail an implementation
programme. The development shall be
undertaken in accordance with the approved scheme and
programme.
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Unless otherwise agreed in writing by the Local
Planning Authority, the development hereby approved shall not
exceed the heights indicated in Section 6.2 of the Design and
Access Statement (March 2007), which was submitted with application
number 07/0323/OUT.
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The general site mitigation measures during the
construction and operational phases of the development as
identified within Paragraphs 6.2 and 6.8 of the Environmental
Statement: Technical Annex 1. Geology, Soils and Land Contamination
(March 2007) submitted with application number 07/0323/OUT, shall
be implemented in full unless otherwise agreed in writing with the
Local Planning Authority.
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The mitigation measures proposed to limit the
potential for water contamination during the construction and
operational phases of the development as identified within Sections 5.2 – 5.4 of the
Environmental Statement: Technical Annex 4. Water Quality (March
2007) submitted with application number 07/0323/OUT, shall be
implemented in full unless otherwise agreed in writing with the
Local Planning Authority.
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On or prior to each application for the approval of
reserved matters for Phase 2, a statement detailing:
(a)
The design principles and design concepts of those
aspects of the development to which the application for the
approval of reserved matters relates;
(b)
How such principles and concepts are reflected in
the proposals for development set out in the reserved matters
application; and
(c)
The relationship of the portion of the development
to which the reserved matters application relates, to the
development site as a whole and to the wider context
Shall be
submitted to and approved in writing by the Local Planning
Authority and the approval of reserved matters shall be in
accordance with that approved statement.
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Car parking spaces shall be provided in accordance
with the approved details under application number 07/0323/OUT
before the building to which they relate is occupied and shall be
retained at all times for car parking, except as otherwise agreed
in writing with the Local Planning Authority.
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Secure cycle spaces shall be provided in accordance
with the approved details under application number 07/0323/OUT
before the building to which they relate is occupied and shall be
retained at all times for cycle storage, except as otherwise agreed
in writing by the Local Planning Authority.