Agenda item

To consider the above application.

Consideration was given to the above application.

(Councillor Bernice Walmsley, the Ward Councillor, Town Councillor Bill Walmsley, representing Middlewich Town Council, Vicky Harper, an objector and Mr Anthony Crean, QC, representing the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That the application be refused for the following reason:-

1.         The proposed development in isolation would result in a piecemeal form of development which could result in a poorly planned development in advance of a masterplan led approach which will determine the precise nature and quantum of development for the wider site as required by Policy SL9 of the Cheshire East Local Plan Strategy and Policies DP1 and DP3 of the Congleton Borough Local Plan First Review. Without a masterplan the development would be piecemeal and it is not possible to determine whether the significant adverse noise impacts could be mitigated. Furthermore pedestrian/cycle links, green infrastructure, noise mitigation and open space for nature conservation and recreation cannot be secured. As a result the proposal does not represent sustainable development and is contrary to Policies DP1, DP3, DP8, GR1, GR2, GR6, GR7 and GR8 of the Congleton Borough Local Plan; Site SL9 and Policies SD1, SD2, SE1, SE6 and SE12 of the Cheshire East Local Plan Strategy.

In order to give proper effect to the Board`s intentions and without changing the substance of the decision, authority is delegated to the Head of Planning (Regulation), in consultation with the Chairman (or in her absence the Vice Chairman) of the Strategic Planning Board to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

Should the application be subject to an appeal, the following Heads of Terms should be secured as part of any S106 Agreement:

1.         A scheme for the provision of 30% affordable housing – 65% to be provided as social rent/affordable rent with 35% intermediate tenure. The scheme shall include:

- The numbers, type, tenure and location on the site of the affordable housing provision

- The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing

- 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; and

- 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.

2. Secondary school education contribution of £294,168

3. SEN education contribution of £45,500

4. Contribution of £150,000 towards the improvement scheme at the A54/Leadsmithy Street

5. Travel Plan requirement to include a cycle voucher that can be redeemed in exchange for a bike worth up to £150.00 and a travel voucher that can be redeemed in exchange for a 3 month bus pass valid on services connecting the development to surrounding destinations. Travel Plan Monitoring sum of £5,000.

6. PROW Contribution of £5,000 towards PROW Middlewich 21

7. POS provision and a scheme of management and transfer to a management company to be maintained in perpetuity