Agenda item

13/3449C-Outline application for residential development (approximately 450 dwellings), retail unit (A1, A2, A3, A4 and/or A5) and supporting infrastructure, Glebe Farm, Booth Lane, Middlewich, Cheshire for Bovale Limited

To consider the above application.

Minutes:

Consideration was given to the above application.

 

(Parish Councillor Alan Holder, representing Moston Parish Council and Patrick Downes, the agent for the applicant attended the meeting and spoke in respect of the application.  In addition a statement was read out by the Principal Planning Officer on behalf of Councillor S McGrory, the Ward Councillor).

 

RESOLVED

 

That for the reasons set out in the report and in the written update to Board the application be approved subject to the completion of a Section 106 Agreement securing the following:-

 

1.               A contribution towards playing pitch improvements at Sutton Lane £220,000 (Sum to be paid prior to the commencement of development)

2.               A contribution towards Middlewich Eastern Bypass of £4,780,000. If the MEB is not delivered the sum will be spent on the following highway/sustainability measures: Bus Service/Facility Improvements; Town Bridge – Signal Junction Improvements; Cycle Lanes -Towpath: Middlewich to Glebe Farm; Cycle Lanes -Carriageway Modification: Middlewich to Glebe Farm; and Cycle Lanes -Towpath: Glebe Farm to Elworth. The sum is to be submitted prior to the commencement of development.

3.               A scheme for the provision of 10% affordable housing all to be affordable rent. The scheme shall include:

- The numbers, type 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.

4. Provision of Public Open Space, a NEAP and LEAP to be maintained by a private management company

 

And subject to the following conditions:-

 

1.     Standard Outline

2.     Submission of Reserved Matters

3.     Time limit for submission of reserved matters

4.     Approved Plans

5.     Hours of construction limited to 08:00 to 18:00 Monday to Friday, 09:00 – 14:00 Saturday and not at all on Sundays and Bank Holidays

6.     Pile driving limited to 08:30 to 17:30 Monday to Friday, 09:00 – 13:00 Saturday and not at all on Sundays

7.     Prior to the commencement of development a Phase I Contaminated Land Assessment shall be submitted to the LPA for approval in writing.

8.     Details of external lighting to be submitted and approved

9.     Dust control measures to be submitted and approved

10. Prior to the development commencing, an Environmental Management Plan shall be submitted and agreed by the planning authority.

11. A scheme for the acoustic enclosure of any fans, compressors or other equipment for the proposed retail store

12. A detailed scheme of glazing, ventilation mitigation measures and acoustic screening fences, should therefore be prepared and submitted at the Reserved Matters application stage

13. Travel Plan provision

14. Electric vehicle Infrastructure

15. The submission of a ground dissolution/brine extraction related risk assessment and proposals regarding suitable foundations designed to overcome the potential effects of brine pumping related subsidence.

16. A scheme to limit the surface water run-off from the site

17. A scheme to manage the risk of flooding from overland flow

18. The provision of a buffer to the water course

19. Provision of bird and bat boxes

20. Works should commence outside the bird breeding season

21. Access point to Booth Lane to be provided in accordance with the approved details prior to first occupation. No access for construction traffic from Warmingham Lane.

22. No development shall take place within the area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority. The work shall be carried out strictly in accordance with the approved scheme.

23. Reserved matters application to include details of existing and proposed levels

24. Tree protection

25. Tree retention

26. Arboricultural Method Statement to be submitted at the Reserved Matters stage

27. If the Reserved Matters application results in the loss of any ponds replacements should be provided.

 

Informative:

 

1.               The applicant is advised that they have a duty to adhere to the regulations of Part IIA of the Environmental Protection Act 1990, the National Planning Policy Framework 2012 and the current Building Control Regulations with regards to contaminated land. If any unforeseen contamination is encountered during the development, the Local Planning Authority (LPA) should be informed immediately. Any investigation / remedial / protective works carried out in relation to this application shall be carried out to agreed timescales and approved by the LPA in writing. The responsibility to ensure the safe development of land affected by contamination rests primarily with the developer.

 

In the event of any changes being needed to the wording of the Board’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Interim Planning and Place Shaping Manager has delegated authority to do so in consultation with the Chairman of the Strategic Planning Board, provided that the changes do not exceed the substantive nature of the Board’s decision.

 

Should this application be the subject of an appeal, authority be delegated to the Interim Planning and Place Shaping Manager in consultation with the Chairman of the Strategic Planning Board to enter into a planning agreement in accordance with the S106 Town and Country Planning Act to secure the Heads of Terms for a S106 Agreement.

Supporting documents: