Agenda item

To consider proposed amendments to the conditions and Section 106 Agreement Heads of Terms attached to the above planning permission, which was approved on 21 April 2010.

Note: Mrs C Payne (Applicant’s Agent) attended the meeting and addressed the Committee on this matter.    

The Committee considered the report of the Head of Planning and Housing which sought approval to amend the proposed conditions and Section 106 Heads of Terms in respect of planning application 08/1236/OUT Land at Mill Street/Brook Street, Congleton. 

RESOLVED:  That the following revised conditions and Section 106 Heads of Terms be agreed –

Proposed Amended Section 106 Heads of Terms

a)         Provision of 30% affordable housing, extending to include the proposed retirement apartments, split equally between social rented and intermediate housing (including either shared ownership, Rent to Home Buy or Discount for Sale, but of a split to be agreed by Cheshire East Housing section);

b)         Submission of a Travel Plan with associated management arrangements including annual reports for a five year period and financial contribution of £5000 towards monitoring (returned if not spent);

c)         Financial contribution of £24,000 towards the provision of two quality partnership standard bus stops;

d)         Provision of a financial contribution of £55,000 towards off-site play provision and an associated maintenance contribution (precise figure to be confirmed);

e)         Applicants to purchase and install a bridge between the application site and Congleton Park with the precise design, specification and timescale for implementation to be first agreed by Cheshire East Council (the maintenance and upkeep of which shall be the applicant’s responsibility); and

f)          Private Management Plan for the on-site amenity green-space and proposed bridges (to Congleton Park and within the application site itself) to be submitted and approved by the Local Planning Authority.  

Proposed Conditions

1          Outline application time limit

2          Reserved matters – layout, scale, appearance and landscaping

3          Development parameters in accordance with indicative plans (Care Home and retirement apartments to north and accessed from Mill Street), (residential on southern parcel and accessed from Brook Street)

4          Restriction to no more than 74 dwellings, 72 bed care home and 36-retirement apartments

5          Restriction to occupation of retirement apartments to the over 55+

6          Contaminated land condition (including further intrusive investigation and remediation)                     

7          Detailed scheme for noise mitigation to be agreed and implemented prior to first occupation

8          Detailed scheme for dust mitigation during demolition and construction

9          Restrictions on hours of construction

10        Restriction on hours of piling activity

11        Restriction on hours of construction vehicle deliveries

12        Precise details for care home filtration and extraction systems

13        External lighting strategy to be submitted and agreed

14        Detailed Tree Protection Scheme to be submitted, agreed and fully implemented

15        Protection of breeding birds

16        Detailed mitigation strategy for bats based on the TEP Option One Retention Strategy including wheelhouse structural works

17        Scheme for watercourse protection during construction

18        Proposed building floor levels 600mm above freeboard allowance

19        Roads, parking and footways 300mm above freeboard allowance

20        Detailed scheme for compensatory flood storage to be agreed before commencement of development and fully implemented thereafter

21        Surface water regulation to be submitted and agreed

22        Scheme for management of overland flows from surcharging of surface water drains to be submitted and agreed prior to commencement of development

23        Site levels to be in strict accordance with Peter Mason Cut and Fill Drawings unless otherwise agreed in writing

24        8m buffer strip and wildlife corridor to be retained adjacent to the watercourse

25        New vehicular access to Brook Street to be constructed to base course before other construction works commence and fully implemented before first occupation of any dwellings

26        Site Waste Management Plan

27        Scheme for archaeological investigation

28        Scheme to generate 10% of its energy requirement from low carbon sources in accordance with Policies EM17 and EM18 of the North West Regional Spatial Strategy

29        Precise details of all boundary treatments within the site to be agreed to include public open space and riverside areas or footpaths

30        Precise details of internal footbridge connecting the two areas of POS to be submitted, agreed and fully implemented within an agreed timescale

31        Development phasing – parameters and restrictions