Agenda item

To consider the above application.

Consideration was given to the above application.

RESOLVED

That the application be approved subject to a deed of variation to the existing Section 106 PlanningObligation to secure:

-          diversion and maintenance in perpetuity Fowle Brook;

-          long-term management of the restored nature conservation area on Cell 9a for a period of 15 years following the restoration of Cell 9a

-          monitoring and maintenance of the leachate control system;

-          monitoring the generation and extraction of landfill gas;

-          Heavy Goods Vehicle routing; and

-          Maintenance and management of a length of Maw Green Road.

Subject to the all the conditions attached to permission 7/P05/1326 unless amended by those below and;

1. Approved plans

2. Revisions to existing approved restoration plan – replace with in interim and final restoration plan and associated restoration conditions

3. Revisions to existing phasing plans and associated phasing conditions

4. Revisions to existing pre-settlement contours, and associated contouring conditions

5. Additional surface water lagoon plan

6. Extension of time to 31^st December 2017 with interim restoration of the site within 12 months or no later than 31^st December 2018

7. Final restoration as final restoration plan to be no later than 12 months following the cessation of production of leachate and landfill gas

8. Interim and final restoration proposals to be amended to include rough tussocky grassland to provide suitable habitat for ground nesting birds

9. Liaison Committee Scheme

10. Noise limits

11. Noise Monitoring Scheme

12. Best practical site management for noise/ dust/ odour/ flies/ vermin/ birds/ litter control as per ES

13. Securing the RAMS outlined in both the ES and the updated Ecological Report to be implemented throughout the life of the development in accordance with the approved ES and Ecological Report; and

14. Amend the interim and final restoration proposal to also include the provision of two additional ponds to mitigate for those lost to the re-capping in cell 10b.

The following informatives should be attached to any decision notice.

Natural England

The developer should be made aware that should a protected species be subsequently found on the site, all work should stop until further surveys for the species are carried out and a suitable mitigation package for the species is developed.

Environment Agency

Fowle Brook is designated "main river". In accordance with the Water Resources Act 1991 and the Land Drainage Byelaws, the Environment Agency's prior written consent is required for any proposed works or structures in, under, over, or within 8 metres of the top of the banks of Fowle Brook.

This site already has a permit. The changes are minor in nature and would not require a variation to the permit.

Network Rail

The materials contained within the site subject to the applicants control should be stored and processed in a way which prevents over spilling onto Network Rail land and should not pose excessive risk to fire. If hazardous materials are likely to be sited on the land then Network Rail must be further contacted by the applicant.  All excavations / earthworks carried out in the vicinity of Network Rail property/ structures must be designed and executed such that no interference with the integrity of that property/ structure can occur. If temporary works compounds are to be located adjacent to the operational railway, these should be included in a method statement for approval by Network Rail.  Prior to commencement of works, full details of excavations and earthworks to be carried out near the railway undertaker's boundary fence should be submitted for the approval of the LPA acting in consultation with the railway undertaker and the works shall only be carried out in accordance with the approved details. Where development may affect the railway, consultation with the Asset Protection Engineer should be undertaken.

No water or effluent should be discharged from the site or operations on the site into the railway undertaker's culverts or drains, without Network Rail approval. Soakaways should not discharge towards and/or within 10m of railway infrastructure. Details of the proposed drainage must be submitted to, and approved by the local planning authority; acting in consultation with the railway undertaker and the works shall be carried out in accordance with the approved details. After the completion and occupation of the development, any new or exacerbated problems attributable to the new development shall be investigated and remedied at the applicants’ expense.

Public Rights of Way

No change to the surface of the right of way can be approved without consultation with Cheshire East Council.  The developer should be aware of his/her obligations not to interfere with the public right of way either whilst development is in progress or once it has been completed; such interference may well constitute a criminal offence.  In particular, the developer must ensure that;

There is no diminution in the width of the right of way available for use by members of the public;

No building materials are stored on the right of way;

No damage or substantial alteration, either temporary or permanent is caused to the surface of the right of way;

Vehicle movements are arranged so as no to unreasonably interfere with the public’s use of the way;

No additional barriers (e.g. gates) are placed across the right of way, of either a temporary or permanent nature;

No wildlife fencing or other ecological protective features associated with wildlife mitigation measures are placed across the right of way or allowed to interfere with the right of way; and

The safety of members of the public using the right of way is ensured at all times.

Any variation to the above will require prior consent from Cheshire East Council’s ProW Unit.

(Prior to consideration of the following application Councillor C Thorley left the meeting and did not return).