Agenda item

To consider the above application.

Consideration was given to the above application.

(Councillor Mrs G Merry, the Ward Councillor, Councillor B Moran, the Ward Councillor, Mr F Noton, an objector and Mr Dumbrell, the agent for the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That the application be approved subject to the completion of a S106 Agreement comprising of the following Heads of Terms:-

-        A provision of 30% affordable housing (74 units) split 50:50 between social rented and intermediate tenure

-        A contribution towards local education provision

-        The provision of a LEAP and maintenance costs

-        The provision of Public Open Space and a scheme of management of this public open space

-        A commuted payment towards canal side improvements of £30,000

-        An Interim Residential travel plan in accordance with DfT guidance document

-        A framework Travel Plan for any commercial use-classes in the development to be agreed with the Cheshire East Council Travel Plan co-ordinator

-        The Travel Plan proposed in the Transport Assessment (submitted with the application) shall be submitted and agreed by the Local Planning Authority prior to the first use commencing.  

-        A commuted sum for the necessary Traffic Regulation Orders and local traffic management orders

And subject to the following conditions:-

1.     Standard time – 3 years

2.     Prior to the completion and occupation of 100 of the dwellings the retail unit shall be constructed and internal road layout for the employment units shall be laid out

3.     Materials to be submitted to the LPA and approved in writing

4.     The B1 units shall be restricted to B1 use only

5.     Submission of a landscaping scheme to be approved in writing by the LPA

6.     Implementation of the approved landscaping scheme

7.     No trees to be removed without the prior written consent of the LPA

8.     Boundary treatment details to be submitted to the LPA and approved in writing

9.     Remove PD Rights for extensions and alterations to the approved dwellings

10.If protected species are discovered during construction works, works shall stop and an ecologist shall be contacted

11.Prior to any commencement of works between 1^st March and 31^st August in any year, a detailed survey is required to check for nesting birds. 

12.Prior to the commencement of development the applicant to submit detailed proposals for the incorporation of features into the scheme suitable for use by breeding birds.

13.The proposed development to proceed in accordance with the recommendation made by the submitted Badger survey report and method statement dated January 2011. 

14.The development hereby permitted shall not be commenced until such time as; a scheme to limit the surface water run-off generated by the proposed development, has been submitted to and approved in writing by, the Local Planning Authority.  

15.The development hereby permitted shall not be commenced until such time as; a scheme to manage the risk of flooding from overland flow of surface water, has been submitted to, and approved in writing by, the Local Planning Authority.

16.The development hereby permitted shall not be commenced until such time as a scheme to discharge surface waterhas been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall be implemented as approved.

17.The acoustic mitigation measures as outlined in Acoustic Report 20860.01.v1 dated November 2010 submitted with the application shall be implemented.

18.The Bund and Concrete Fence to the Eastern Boundary of the site shall be retained, and maintained throughout the life of the development. 

19.The operational hours, and servicing hours shall be agreed with the Local Planning Authority prior to bringing the B1c and A1 uses into operation.

20.Prior to positioning any fixed plant or equipment on the Northern or Western aspects of the B1c or A1 uses, a scheme of acoustic attenuation shall be submitted to, and approved by the Local Planning Authority addressing the acoustic impact of such units on the nearby residential uses.

21.Prior to the development commencing, an Environmental Management Plan shall be submitted and agreed by the planning authority.  The plan shall address the environmental impact in respect of air quality and noise on existing residents during the demolition and construction phase.  In particular the plan shall show mitigation measures in respect of;

a)    Noise and disturbance during the construction phase including piling techniques, vibration and noise limits, monitoring methodology, screening, a detailed specification of plant and equipment to be used and construction traffic routes;

b)    Dust generation caused by construction activities and proposed mitigation methodology.

22. All demolition / construction works likely to be audible beyond the site boundary, and deliveries to and collections from the site shall be restricted to the following hours:

Monday – Friday                   07:30 – 18:30hrs

Saturday                                08:00 – 14:00

And at no time on Sundays or public holidays.

23. There shall be no burning of waste on the site during the demolition and construction of the development.

24. Prior to the commencement of development the developer shall provide justification of the values detailed in Appendix E of the Detailed Remedial Strategy any alterations to the Remediation Strategy shall be agreed in writing with the LPA.

25. Once the remedial targets have been agreed by the Local Authority and remediation of the site has been completed a Site Completion Report detailing the conclusions and actions taken at each stage of the works including validation works shall be submitted to, and approved in writing by, the LPA prior to the first use or occupation of any part of the development hereby approved.

26.Method statement for the control of any Japanese Knotweed on the site

27.No building within 3 metres of the public sewer which crosses the site

28.Completion of the proposed off-site highway works

29.Details and location of the contractors compound together with details of management of the site to be submitted to the LPA and approved in writing.

30.Measures to show how mud, clay or other material is not deposited on the highway.

31.Development to be carried out in accordance with the Waste Management Strategy.

32.Details of how the development will secure at least 10% of their predicted energy requirements from decentralised and renewable or low-carbon sources

33.Details of external lighting to be approved in writing by the LPA.

34.Prior to the commencement of development – details of existing and proposed land levels to be submitted to the LPA and approved in writing

35.Arboricultural method statement & implementation to be submitted to the LPA and approved in writing (to include tree protection, program of tree works, specification for remediation works in proximity to trees, site supervision etc). 

(Prior to consideration of the following application Councillor D Brown arrived to the meeting, in addition he declared a personal and prejudicial interest in the application by virtue of the fact that as a former Member of Congleton Borough Council he had advocated the approval of the scheme and therefore in accordance with the Code of Conduct he left the meeting prior to consideration of the application).