Agenda item

Update following the resolution to approve application 17/5070C - Outline Planning Permission (Revisions to 09/2083C) in respect of zones 2, 5 and 6 to provide up to 100 residential units (C3) plus care home (C2) or 120 residential units, up to 2,600sqm of commercial uses including retail (A1), restaurant/pub (A3/A4) plus offices (B1) with associated infrastructure at the Former Albion Chemical Works, Moston

To consider the above report.


Consideration was given to the above report.


(Councillor J Wray, the Ward Councillor, Parish Councillor Dave Nixon, representing Moston Parish Council and Mark Krassowski, the agent for the applicant attended the virtual meeting and spoke in respect of the item).




That the Heads of Terms for the S106 Agreement be amended and an additional condition imposed (as stated below).


That the application be delegated to the Head of Planning (Regulation) in consultation with the Chairman of the Strategic Planning Board for further details of the Spatial Design Code.  The rest of the Section 106 Agreement to include the following:-




Affordable Housing



(65% Affordable Rent / 35% Intermediate)



In accordance with phasing plan to be submitted at the reserved matters stage.

No more than 80% open market occupied prior to affordable provision in each phase.




For a development of 100 dwellings;

Primary £195,233

Secondary £245,140

SEN £45,500


For a development of 120 dwellings;

Primary £238,618

Secondary £294,168

SEN £45,500

50% of the total education sum to be paid on the occupation of the 25th dwelling.

The next 25% of the total education sum to be paid on the occupation of the 50th dwelling.

The final 25% of the total education sum to be paid on the occupation of the 75th dwelling.

Indoor recreation


For a development of 100 dwellings a contribution of £18,200.

For a development of 120 dwellings a contribution of £21,450.

Prior to first occupation.

Outdoor recreation

£1,000 per family dwelling or £500 per 2 bed pace (or more) apartment.  Priority is that the money be spent on Canal Towpath improvements, second any other recreation/sports provision in Moston or Sandbach including Elworth Cricket Club

Prior to the occupation of the 75th dwelling.

Allotment Contribution


£230.70 per dwelling


Prior to the occupation of the 75th dwelling.

Public Open Space


Private Management Company


Provision of a NEAP and the open space


On first occupation


On occupation of 50% of the dwellings

Biodiversity Off-Setting Contribution


Prior to first occupation.



And subject to the following conditions:-


1. Standard Outline 1

2. Standard Outline 2

3. Standard Outline 3

4. Approved Plans

5. Contaminated land – submission of a remediation strategy

6. Contaminated land – No occupation prior to the submission of a verification report

7. Contaminated land – works to stop if further unknown contaminated land is uncovered

8. Reserved Matters application to include details of existing and proposed levels

9. Each Reserved Matters application for residential development shall include an updated acoustic appraisal together with any mitigation measures.

10. Piling works

11. Travel Plan – Residential development

12. Travel Plan – Commercial development

13. Electric Vehicle Charging Provision

14. Reserved matters application for the commercial units to include a scheme of brown roofs

15. Reserved matters application to include a scheme of replacement hedgerow planting

16. The proposed development to proceed in strict accordance with the measures detailed in paragraph 5.2.5 of the submitted Preliminary Ecological Appraisal prepared by enzygo

17. Reserved Matters application for the housing to include a phasing plan

18. Development to be carried out in accordance with the submitted FRA

19. No development shall take place until a detailed strategy / design and associated management / maintenance plan of surface water drainage for the site has been submitted to and approved in writing by the Local Planning Authority.

20. Scheme to ensure that the site boundary will need to be adequately protected to ensure that any flood risk is contained and managed onsite and not transferred off site.

21. External Lighting to be submitted and approved

22. Each phase of the development hereby approved shall incorporate a mix of units of  -

- 1bed and/or 2 bed dwellings – between 10% and 30% of the number  of dwellings

- 3 bed dwellings –  between 20% and 40% of the number of dwellings

- 4 bed and/or 5 bed dwellings – between 20% and 40% of the number of dwelling

and a minimum of 5 % of the units shall be bungalows or units for single storey living. The 1st reserved matters application shall provide  a strategy for the distribution  of all the housing across the site in accordance with these parameters. Thereafter the housing on each phase of development shall accord with the housing mix details provided unless otherwise approved in writing by the Local Planning Authority

23. The first Reserved matters application shall include a survey the trees within the grass verge and provide and implement a scheme of re-planting of tree (and removal if necessary) within the grass verge.

24. Visibility splays

25.No development shall commence until the Booth Lane improvement works have been submitted and approved. The approved works shall be carried out prior to the first occupation of the development



In order to give proper effect to the Board`s intent and without changing the substance of its decision, authority is delegated to the Head of Planning (Regulation) in consultation with the Chairman (or in their absence the Vice Chairman) to correct any technical slip or omission in the resolution, before issue of the decision notice.


(It was requetsed it be minuted that Councillor D Jefferay voted against the officer’s recommendation).

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