Agenda item

Note: Town Councillor Bagnall (on behalf of Middlewich Town Council) and Mark Krassowski (agent for the applicant, Walsingham Planning) attended the meeting and addressed the Board on this matter.

The Board considered a report regarding the above planning application.

RESOLVED – That the application be APPROVED subject to the completion of a Section 106 legal agreement to secure the following:

1. a) Affordable housing provision of 16% - to be provided on site.  The housing is to be provided based on 33% social rented and 67% intermediate/shared ownership, and to be provided in a variety of unit sizes to meet local requirements, in accordance with the scheme to be agreed at the Reserved Matters stage.  The affordable housing to be ‘tenure blind’ and pepper potted throughout the site, subject to RSL operational requirements.

1. b) An overage clause which provides for the current viability calculations to be reviewed at appropriate intervals before completion of the development and for the figure of 16% to be increased if the economics of provision improve either by increased on site provision or by financial contribution in lieu.

2. The following contributions:-

A533/A54 Leadsmithy St, Middlewich:-   £170,000

A533/A534 The Hill/High St/Old Mill Rd/Brookhouse Rd roundabout, Sandbach  £197,000

£190,000 to be spent either on Junction 17 of the M6 or the Middlewich bypass whichever comes forward first (the decision regarding allocation of this contribution to be delegated to the Head of Planning and Housing, in consultation with the Chairman)

Quality partnership bus shelters   £25,000

Real Time Information facility, Sandbach Rail Station   £20,000

Travel Plan facilities and targets   £38,000

Education contribution - £100,000

3. Provision for public open space to serve the whole of the development to be agreed with the Council when details of layout are submitted for approval. This must secure the provision and future management of children’s play areas and amenity greenspace in accordance with quantitative and qualitative standards contained in the Council’s policy documents including the Congleton Borough Local Plan First Review SPG1 and it’s Interim Policy Note for the Provision of Public Open Space 2008. Submitted details must include the location, grading, drainage, layout, landscape, fencing, seeding and planting of the proposed public open space, transfer to and future maintenance by a private management company.

and the following conditions:

1.            Standard outline

2.            Submission of reserved matters

3.            Approved Plans – location and zoning

4.            Notwithstanding detail shown – no approval of indicative residential masterplan.

5.            Submission of Landscape Design principles

6.            Submission of Landscape framework

7.            Submission of Landscape and ecological management plan

8.            Retention of trees and hedgerows

9.            Submission of Arboricultural Impact Assessment

10.       Submission of Arboricultural Method Statement

11.       Submission of Comprehensive tree protection measures

12.       Submission of assessments under the Hedgerow Regulations with each reserved matters application, for any hedgerows to be removed as part of that phase of development.

13.       Submission of topographical survey as part of reserved matters.

14.       Use of farmhouse as site office

15.       geophysical survey in order to establish the need, if any, for further archaeological mitigation and submission / implementation of mitigation.

16.       Submission of travel plan with each reserved matters application

17.       Contaminated land assessment

18.       A scheme for the provision and implementation of a surface water regulation system

19.       A scheme for the management of overland flow

20.       A scheme to be agreed to compensate for the impact of the proposed development on the two drainage ditches within the development boundary.

21.       A scheme for the provision and management of compensatory habitat creation

22.       Wetland creation, for example ponds and swales.

23.       A scheme to dispose of foul and surface water 

24.       Submission of contaminated land investigation / mitigation

25.       Submission of revised air quality impact assessment / mitigation

26.       South west facing facades of dwellings to be attenuated by close-boarded wooden fencing along the south west site boundary in order to provide a 5 dB reduction.

27.       The north western boundary shall be attenuated by a landscaped buffer zone which shall be 2m high and a minimum surface density of 15/20 kg/m³. Along the top of the bund shall be a 2m acoustic fence in order to provide further attenuation.

28.       Submission of scheme for protecting the proposed dwellings from railway noise and vibration

29.       Submission of a scheme for protecting housing from noise from all the commercial and industrial activities

30.       Each reserved matters application for commercial activities to be accompanied by submission and approval of proposed hours of operation

31.       Each reserved matters application for commercial activities to be accompanied by a noise impact assessment has been submitted to and approved by the Local Planning Authority.  The noise impact assessment shall address;

-               All hours of operation;

-               noise from moving and stationary vehicles;

-               impact noise from working activities;

-               noise from vehicles moving to and from the site in terms of volume increase; and

-               current background levels of noise.

Any recommendations within the report shall be implemented prior to the development being brought into first use.

32.       Prior to commencement of development of any commercial building scheme for the acoustic enclosure of any fans, compressors or other equipment with the potential to create noise, to be submitted

33.       Prior to commencement of development of any commercial building details of any external lighting shall be submitted to and approved

34.       Prior to commencement of development of any commercial building details of security for the car parks to prevent congregations of vehicles late at night to be submitted

35.       Prior to commencement of development of any commercial building details of the specification and design of equipment to extract and disperse cooking odours, fumes or vapours

36.       The hours of construction (and associated deliveries to the site) of the development shall be restricted to 08:00 to 18:00 hours on Monday to Friday, 08:00 to 13:00 hours on Saturday, with no work at any other time including Sundays and Public Holidays

37.       Details of the method, timing and duration of any pile driving operations to be approved

38.       Details of the method, timing and duration of any floor floating operations connected with the construction of the development hereby approved to be approved

39. A phasing scheme to be submitted and agreed with the Local Planning Authority.

Note: Councillor Rachel Bailey arrived at the meeting during consideration of this application but did not take part in the debate or vote, in accordance with paragraph 13.5 of the Planning Protocol of Conduct in Relation to the Determination of Planning Matters.