Agenda item

19/0623M - Handforth Garden Village S106 Update

To consider the attached report.

Minutes:

Consideration was given to the update report in relation to the Section 106 Agreement for the above planning application which was approved by the Strategic Planning Board on 13 January 2023.

 

RESOLVED;

 

That for the reasons set out in the report and update report the Strategic Planning Board;

 

  1. Approved the amended approach to the Section 106 Legal Agreement, subject to the requirement that any Memorandum of understanding signed would allow for indexation on commuted sums due as would have been required through the s106.
  2. Approved the amended list of conditions as follows,

 

OUTLINE

 

1. Submission of Reserved Matters- 15 years

2. Approval of Reserved Matters- All reserved

3. Approved Plans – Location and parameter plans

4. Approve Accommodation Schedule

5. Compliance with mitigation set out in Environmental Statement (and Amendment)

6. No occupation until IPIW approved in Full are substantially complete

7. Approval of Phasing Plans

8. Development to comply with housing densities identified in the Fixed Parameters Land Use Plan

9. Compliance with Public Rights of Way and 20-Year Walking Route Code

10. Approval of signage for pedestrians and cyclists, to include timings

11. Programme of archaeological work to be agreed

12. No works on the main development site to take place within 100m of the Diary House Farm (Listed Building) site prior to the completion of the stabilisation/repair works

13. Future development of the designs for the site, coding and development going forward, must adhere to the Heritage Design principles and Fixed Parameters: Heritage Plan

14. All Reserved Matters application to be supported by an Arboricultural Impact Assessment

15. Management plan for works for trees identified as being or having the potential to be a veteran tree

16. Landscaping for each phase to be approved

17. Boundary treatment for each phase to be approved

18. Levels/contours

19. Landscape implementation

20. Submission of Habitat Creation and Landscape and Habitat Management Plan for areas within building parcels and outside of strategic green infrastructure      

21. Submission of detailed designs including proposed locations for the proposed on-site wildlife ponds.

22. Measures for safeguarding the retained ecological habitats across the site during the construction and demolition process (if not deleted)

23. Bird Nesting Season

24. Provision of proposals for the interpretation of the retained Local Wildlife Site

25. Updated protected species surveys and mitigation method statements and biodiversity metrix calculations prior to commencement for each phase.

26. Method Statement of Amphibian Reasonable Avoidance Measures for that approved phase

27. Approval of Lighting Scheme for each phase

28. Detailed proposals of compensatory hedgerow planting to be provided to address impacts of any hedgerow lost to the scheme.

29. Proposals for the management of public access into the retained Local Wildlife Site

30. Agreement of scheme entered into Great Crested District Level Licence Scheme

31. Incorporation of features to enhance biodiversity

32. Phase II Ground Investigations and Risk Assessments for each phase

33. Verification Report required for each phase

34. Approval of a proposal for restricted access from footpaths in the open space and ecological areas along the western boundary with the A34

35. Soils shall be pre-tested for contamination and verified for suitability for use

36. Unexpected contamination

37. No infiltration of surface water drainage into the ground where adverse concentrations of land contamination are known or suspected

38. Compliance with FRA

39. Site wide Surface Water Drainage Scheme to be approved

40. For each phase- SUDS Drainage Management Plan to be approved

41. Foul and surface water shall be drained on separate systems.

42. Park & Ride provision before occupation of 150 dwelling houses

43. Provision of bus service between Handforth & Wilmslow

44. Access Strategy for Dairy House Lane to be agreed

45. The submitted Travel Plan Framework, which is hereby approved, shall be implemented in accordance with the submitted timetable

46. Ultra-Low Emission Boilers for each phase

47. Electric Vehicle Infrastructure plan for each phase

48. Covered and secure space/s for cycles, where appropriate throughout the development

49. Noise insulation measures to achieve BS 8233

50. Approval required for any plant/equipment on premises

51. Approval of opening hours for all commercial, industrial, and retail premises.

52. Approval of external lighting

53. Approval of kitchen extraction equipment

54. Demonstrate compliance with Nationally Described Space Standards

55. Character Area Design Codes to be approved for each phase

56. Code Compliance Statements shall accompany all reserved matters applications

57. Manchester Airport – Aerodrome Safeguarding – reflective surfaces

58. Manchester Airport – Aerodrome Safeguarding - Wildlife Hazard Management Plan for each phase

59. Dust and smoke control measures

60. Approval of external materials/finishes

61. Approval of Sustainable Waste Management Strategy for each phase

62. Removal of PD Rights

63. Approval of CEMP for each phase.

64. Approval of Construction Traffic Management Plan (CTMP)

65. S106 obligations- Council land

66. S106 Obligations- land in other ownership

67. Details required to limit traffic speeds in outline areas to 20mph

68. EA Condition – Unexpected contamination

69. EA Condition – No piling or penetrative foundations without express consent

70. EA Condition – Infiltration of surface water

71. EA Condition – Verification report

 

FULL

 

1. Three year time limit

2. Approved Plans

3. Compliance with mitigation measures set out in the Environmental Statement

4. Approval of Phasing Plan for the development of the Initial Primary Works

5. Approval of detailed scheme for any works to the track/public right of way(FP127) where it links between the new bridge over the A34 (to the east) and Hall Road (to

the west)

6. Tree protection in vicinity of Bridge

7. Submission of Habitat Management and Monitoring Plan for the Handforth Dean Meadow and Ponds Local Wildlife Site to put site under management at the time of the initial site infrastructure works

8. Submission of detailed design for wildlife underpasses

9. Approval of CEMP for IPIW

10. Details of replacement wildlife ponds

11. Amphibian avoidance measures if needed

12. Agreement of scheme entered into Great Crested District Level Licence Scheme

13. Updated protected species surveys and mitigation method statements and biodiversity metrix calculations prior to commencement for each phase.

14. Bird Nesting Season

15. Approval of Lighting Scheme for each phase

16. Detailed proposals of compensatory hedgerow planting to be provided to address impacts of any hedgerow lost to the scheme.

17. Remediation Options and Strategy/None

18. Soils shall be pre-tested for contamination and verified for suitability for use

19. Notwithstanding the submitted plans levels for the Country Park to be agreed together with landscaping of the same

20. Notwithstanding the submitted plans landscaping details of the A34 Bridge and details/finishes of the bridge design"

21. Detailed Landscape and Planting Scheme to be agreed

22. Boundary treatments

23. Programme of archaeological work to be agreed

24. Remediation Options and Strategy

25. Management of bore holes

26. Verification Report required

27. No works on the main development site to take place within 100m of the Diary House Farm (Listed Building) site prior to the completion of the stabilisation/repair works

28. Scheme for Sustainable Urban Drainage Systems (SUDS) of the IPIW area/full approval,

29. Levels as approved unless otherwise agreed

30. Foul and surface water shall be drained on separate systems.

31. Manchester Airport – Aerodrome Safeguarding – reflective surfaces

32. Wildlife Hazard Management Plan

33. Dust and smoke control measures

34. S106 Obligations -Council owned land

35. Notwithstanding road designs- measures to be designed to limit speeds to 20mph

 

 

  1. Approved the amended list of s106 requirements and triggers as follows-

 

 

 

S106

Amount

Trigger

Submission of Strategic Green

Infrastructure Strategy

 

 

Commencement of development

Submission of Strategic Green

Infrastructure and

common areas Interim management

and Maintenance plans

 

 

Commencement of development

Submission of Community management

and maintenance plan for

common areas and strategic

green infrastructure

 

Prior to commencement of development outside of the strategic green infrastructure and initial preparation and infrastructure works

 

Strategic green and common areas

outside of or not attached to building

parcels

 

 

Provision of - Prior to the commencement of development outside of the strategic green infrastructure and initial preparation and infrastructure works

 

transfer to management body – prior to occupation of the development

 

Strategic green and common areas

attached to or part of phased building

parcels

 

 

Provision of - On a phased basis occupation of 50% units in the phase

 

transfer to management body and maintenance in perpetuity- On a phased basis occupation of 75% of the units in the phase

 

Transfer to management body

and maintenance in perpetuity

of the Handforth Dean Meadow and

Ponds Local Wildlife Site

 

 

prior to occupation of the development

Ecological areas that form part of the

phased building parcels

 

 

Provision of- On a phased basis occupation of 50% units in the phase

 

transfer to management body and maintenance in perpetuity - on a phased basis, occupation of 75% of the units in the phase

 

Off-site ecological mitigation

£5,943,664

Lump sum prior to

commencement and then

annual maintenance sum

 

Education (primary/secondary/SEN)

£14,661,362

50% prior to Commencement

of a unit then 50% Prior to occupation of 300th unit

 

Education -provision of school site

 

Prior to commencement of

Dwellings

 

Village Hall/village centre/

employment uses-provision of and

transfer to management body

 

 

Prior to disposal of 1000th unit

Affordable Housing

 

30%

Prior to sale or let of 50% market houses

 

Highway improvement works

 

£5,047,000

Prior to occupation of 300 units

Highways - Hall Moss Lane

£387,522

Prior to commencement of development

 

Highways – Poynton bypass

 

£4,661,192

Occupation of the 150th unit

Highways - Pathways and cycleways

 

£500,000

Commencement of development

Highways – Travel plan monitoring

 

£10,000

Commencement of development

Public Open Space in housing areas

 

 

Provision of - Occupation of 50% of

the units in the phase

 

Transfer to management

body and maintenance in

perpetuity  - Occupation of 75%

of the units in the phase

 

Allotments/Community Orchard-

Provision and transfer to

management body

 

 

Prior to disposal of 1000th unit

Indoor and outdoor sports facilities  

£1,719,987

50% prior to occupation of any

Units and 50% prior to occupation

of 750th unit

 

Healthcare - Handforth

£1,530,015

Prior to occupation of any units

 

 

 

4.    In the event of any changes being needed to the wording of the Committee’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 Head of Planning 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 Committee’s decision.

 

Supporting documents: