Agenda item

To consider the above planning application.

The Committee considered a report regarding planning application 10/0924C (Land off Jersey Way, Middlewich).

RESOLVED – That the application be APPROVED subject to the following conditions and the prior signing of a Section 106 Agreement:

1.         The development must be begun not later than the expiration of three years beginning with the date of the permission

2.         The development extension hereby permitted shall not be carried out other than in accordance with the amended plans date stamped received by the Local Planning Authority on 19 June 2008

3.         No development shall commence until details of a scheme for the disposal of foul and surface water from the development has been submitted to and approved in writing by the Local Planning Authority.  The development shall not be occupied until the approved scheme of foul and/or water disposal has been implemented to the satisfaction of the Local Planning Authority

4.         No development shall commence until details or samples of all external materials and finishes to be used in the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority.  The development shall not be carried out other than in accordance with the approved details

5.         Standard contaminated land condition in accordance with the Department of Communities and Local Government advice

6.         No development shall take place until the applicant or his agent or successors in title, has secured the implementation of a programme of archaeological work, which should be carried out in accordance with the scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority

7.         No development shall commence until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping for the site indicating inter alia the positions of all existing trees and hedgerows within and around the site, indications of any to be retained together with measures for their protection during the course of the development, also the number, species, heights on planting and positions of all additional trees, shrubs and bushes to be planted

8.         All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development whichever is sooner; and any trees or plants which within a period of five years from the completion of the development are removed or become seriously damaged, diseased or die 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

9.         No development shall commence until there has been submitted to and approved in writing by the Local Planning Authority a scheme of all hard standing, including hard surfacing, boundary treatments, street lighting and bin/cycle storage.  The scheme shall be implemented in accordance with the approved plans prior to the first occupation of the site

10.       No development or other operations shall commence until a scheme (hereinafter called the approved protection scheme) which provided for the retention of trees, shrubs and hedges growing on or adjacent to the site has been submitted to and approved in writing by the Local Planning Authority.  No development or other operations shall take place prior to the commencement of the work.  The approved protection scheme shall be retained intact for the full duration of the development hereby permitted and shall not be removed without the prior written permission of the Local Planning Authority. 

11.       The bathroom window in the east gable elevation of Plot No.1 shall either be fitted with fixed (i.e. none opening) lights or high opener and shall be installed with obscure glazing.  Details of the window type and glazing shall be submitted to and approved in writing by the Local Planning Authority.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) this window shall not be altered so as to contain any other opening lights or be re-glazed with any transparent materials or enlarged or otherwise altered, nor shall any additional door, window or other opening be formed in that elevation unless a further planning permission has first been granted on application to the Local Planning Authority

12.       If any works (including demolition, site clearance and remediation) are to be undertaken within the bird-breeding season (March to August), development shall not commence on site until survey work has been undertaken to discover the location of nesting birds within that phase or unit of development.  If nesting birds are identified, a method statement detailing the measures to be taken in mitigate against any disturbance to nesting birds and the timescales involved in such mitigation should be submitted to and approved in writing by the Local Planning Authority.  The approved method statement shall be implemented in full in accordance with the approved timescales.

13.       Due to the potential for noise and dust distribution to local residents, the development shall be subject to the following hours of operational restrictions; Monday – Friday 08.00hrs to 18.00hrs, Saturday 09.00hrs to 13.00hrs with no Sunday or Bank Holiday working

14.       No development shall commence until a scheme for protecting the proposed dwellings along the western and northern boundary from railway noise and vibration and also noise from the commercial units located adjacent to this proposed development has been submitted to and approved in writing by the Local Planning Authority; all works which form part of the scheme shall be completed before the dwellings are occupied

15.       Prior to the commencement of any development on any phase, the scope of a Construction Environmental Management (CEMP) shall be submitted to and approved in writing by the Local Planning Authority.  No development shall commence on any one phase unless and until the CEMP for that phase has been submitted to and approved in writing by the Local Planning Authority and all operations undertaken strictly in accordance with those details throughout the construction period of that phase, unless otherwise agreed in writing by the Local Planning Authority

16.       As a minimum, the development hereby approved shall achieve a post-construction Building Research Establishment Eco-Homes rating of ‘very good’ or a 2 star Code for Sustainable Homes rating.  A post completion certificate confirming such an outcome shall be submitted to and approved in writing by the Local Planning Authority before any of the buildings hereby approved are first occupied, unless otherwise agreed in writing by the Local Planning Authority.

17.       No development shall take place until an air quality impact assessment has been submitted to and approved by the Local Planning Authority.  The impact assessment shall address the following issues; i) current air pollution levels around the development site; ii) details of potential sources of air pollutants as a result of development activities; iii) measurable changes (increase and/or decrease) to air pollution concentrations as a result of development activities; iv) comparison of predicted changes in air pollution concentration to current air quality standards; v) precise details of any methodology/guidance used in the assessment of air quality impact; vi) proactive measures to address potential air quality issues where appropriate

18.       Prior to commencement of the development hereby approved, a scheme for the creation of a footpath link from the southern end of the site connecting the application site to Holmes Chapel Road shall be submitted to and approved in writing by the Local Planning Authority.  Should the land to the south of the application site become available within the applicants control in the future, the scheme shall be fully implemented in accordance with the approved plan and within an agreed timescale unless otherwise agreed in writing by the Local Planning Authority

19.       Prior to commencement of development the applicant shall submit detailed proposals for the incorporation of features into the scheme suitable for use by breeding birds and such proposals shall be agreed in writing by the Local Planning Authority.  The approved features shall be fully installed to each dwelling in accordance with the agreed details prior to the first occupation of the dwelling

20.       Prior to commencement of the dwelling, a Site Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority.  Waste materials arising during the development period shall be managed in accordance with the approved details

21.       Scheme for watercourse protection submitted and agreed prior to commencement of development and fully implemented thereafter

22.       Scheme for flood storage and mitigation submitted and agreed prior to commencement of development and fully implemented thereafter