Agenda item

17/6366C-Outline proposal for a mixed use development including residential, cafe, marina and other ancillary works, Intertechnic Uk Ltd, Road Beta, Middlewich for Mr Peter Nunn

To consider the above application.

Minutes:

Consideration was given to the above application.

 

(Tasleem Shahzad, an objector attended the virtual meeting and spoke in respect of the application).

 

RESOLVED

 

That for the reasons set out in the report the application be approved subject to the completion of a S106 Agreement securing the following:-

 

S106

Amount

Triggers

Affordable Housing

 

30% (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.

 

Education

 

 

For a development of up to dwellings;

Secondary = £245,140

SEN = £45,500

Total = £290,640.

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

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

Indoor recreation

 

£20,540

Prior to first occupation

 

 

Outdoor recreation

£1,000 per family (2+bed) dwelling and £500 per 2+ bed apartment

Prior to occupation of 50% of the dwellings

Travel Plan

 

A revised travel plan shall be submitted to include the commitment to provide first occupiers cycle and bus pass up to the value of £150.00 / 3 month period respectively.

Prior to commencement

Public Open Space

 

Private Management Company

 

Provision of a NEAP and the open space

 

On first occupation

 

 

On occupation of 50% of the dwellings

Highways Contribution

 

 

£300,000 towards highway improvements at A54/King Street/Leadsmithy Street

£50,000 to fund traffic management measures along Brooks Lane

50% of the total highways sum to be paid on the prior to the occupation of the development

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

PROW contribution

£5,000 for improvements to FP Middlewich 21

Prior to first occupation

NHS contribution

 

£95,616

50% to be paid prior to occupation and 50% prior top occupation of the 50% dwelling

And subject to the following conditions:-

 

1.    Standard Outline 1

2.    Standard Outline 2

3.    Standard Outline 3– Reserved Matters to include details of Noise Mitigation and Acoustic Assessment referred to in conditions 21 and 22 and details of the internal highways layout

4.    Approved Plans

5.    Phasing details to be agreed

6.    The reserved matters for the proposed development shall be in general accordance with the Brooks Lane SPD

7.    Reserved Matters to include plans to demonstrate that boats can turn safely into the marina from the canal (to also demonstrate the turning of craft would not impact upon visitor moorings or cause damage to the towpath was wall)

8.    Canal Risk Assessment and Method Statement (structural integrity) to be submitted to the LPA for approval in writing

9.    Details of appropriate mitigation measures to prevent any risk of pollution or harm to the adjacent Trent and Mersey Canal to be submitted to the LPA for approval in writing

10. No development shall take place until a scheme for the provision and implementation of a surface water drainage system to serve the development has first been submitted to and approved in writing by the Local Planning Authority

11. Reserved matters to include details of the footbridge over the marina

12. Submission and approval of a Construction Management Plan

13. Electric Vehicle Charging provision to be submitted and approved

14. Provision of low emission boilers within the development

15. Contaminated Land details to be submitted and approved

16. No occupation of each phase of development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved

17. Details of any soil or soil forming materials to be tested for contamination prior to being brought onto site

18. If, during the course of development, contamination not previously identified is found to be present, no further works shall be undertaken in the affected area and the contamination shall be reported to the Local Planning Authority as soon as reasonably practicable (but within a maximum of 5 days from the find).

19. Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.

20. No infiltration of surface water drainage into the ground where adverse concentrations of contamination are known (or suspected) to be present is permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters.

21. Reserved Matters to include an updated noise assessment (BS4142 Assessment)

22. Reserved Matters to include an updated acoustic mitigation scheme

23. Reserved matters application to be supported a lighting strategy informed by the advise in  Bats and lighting in the UK- bats and the built environment series, (Bat Conservation Trust, 2009).

24. Reserved matters application to be supported by proposals for the incorporation of features for nesting birds and roosting bats.

25. Reserved matters application to be supported by a management plan for the control of Himalayan Balsam.

26. No development shall take place within the area described above 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.

27. Retention of trees on site unless otherwise agreed

28. Any future reserved matters application shall be supported by a Tree Survey no more than 12 months old, an Arboricultural Impact Assessment, Arboricultural Method Statement and Tree Protection Plan that shall inform the design of the definitive site layout and accord with the guidelines contained within BS5837:2012 Trees in relation to design, demolition and Construction – Recommendations

29. The Reserved Matters shall include an assessment of the facilitation of a footpath connection from the site boundary to Booth Lane.

30. The site access arrangements shall be completed prior to the development being brought into use.

31. Construction Traffic Management Plan to be submitted and approved

32. Prior to commencement a full detailed drainage strategy to be submitted and approved

33. No development should commence on site until such time as detailed calculations showing the effects of a 1 in 100 year rainfall event plus 30% allowance for climate change to support the chosen method of surface water drainage have been submitted to and agreed in writing

34. Restrict occupancy of retirement apartments to the over 55s

35. First RM application to include POS provision and a NEAP (with 8 pieces of equipment and a separation distance of 30m to nearest dwellings)

36. First RM application to include a marina with at least 30 births

37. No consent given for the indicative plans

In order to give proper effect to the Board`s/Committee’s intentions and without changing the substance of the decision, authority is delegated to the Head of Planning, in consultation with the Chairman (or in their absence the Vice Chairman) of Strategic Planning Board, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

 

Should the application be subject to an appeal, the following Heads of Terms should be secured as part of any S106 Agreement:

 

S106

Amount

Triggers

Affordable Housing

 

30% (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.

 

Education

 

 

For a development of up to dwellings;

Secondary = £245,140

SEN = £45,500

Total = £290,640.

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

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

Indoor recreation

 

£20,540

Prior to first occupation

 

 

Outdoor recreation

£1,000 per family (2+bed) dwelling and £500 per 2+ bed apartment

Prior to occupation of 50% of the dwellings

Travel Plan

 

A revised travel plan shall be submitted to include the commitment to provide first occupiers cycle and bus pass up to the value of £150.00 / 3 month period respectively.

Prior to commencement

Public Open Space

 

Private Management Company

 

Provision of a NEAP and the open space

 

On first occupation

 

 

On occupation of 50% of the dwellings

Highways Contribution

 

 

£300,000 towards highway improvements at A54/King Street/Leadsmithy Street

£50,000 to fund traffic management measures along Brooks Lane

50% of the total highways sum to be paid on the prior to the occupation of the development

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

PROW contribution

£5,000 for improvements to FP Middlewich 21

Prior to first occupation

NHS contribution

 

£95,616

50% to be paid prior to occupation and 50% prior top occupation of the 50% dwelling

 

(Prior to consideration of the following application, Councillor M Hunter left the virtual meeting and did not return.  Councillor S Gardiner took the Chair for the remainder of the virtual meeting).

Supporting documents: