Agenda item

To consider the above planning application

Consideration was given to the above application.

 

(Congleton Town Councillor Murphy and Mr M Ralph, representing the applicant attended the meeting and spoke in respect of the application).

 

RESOLVED

 

That the application be approved subject to -

 

(A) a prior appropriate Legal Agreement under s106 Town & Country Planning Act 1990 securing

 

(1)  Off-Site Highway Works: to Mill Street, Stonehouse Green, Rood Hill junction, Bridge Street/Duke Street, Victoria Street, and Market Street, as described in the report

 

(2)  Market Provision: including stalls, anchor points and sockets, as described in the report. Prior to commencement of development a scheme shall be agreed in writing with the LPA regarding the future operation of the market within the development The scheme may append a management agreement with CEBC as markets authority or may itself set out arrangements necessary for the efficient operation of the market, for example arrangements covering access to and use of parking & loading areas & lifts, use of stores, offices and other ancillary facilities, access times, stall erection & dismantling, use of a power supply, maintenance & cleaning, arrangements for the regulation of the market in its physical environment.

 

(3)  The New Public Square: including public access at all times, the installation of lighting and power facilities, prior the commencement of development, an approved scheme for precise layout, materials specification, andan agreed scheme for design, materials and landscaping, as described in the report. Prior to commencement of development a further scheme shall be agreed in writing with the LPA for the management, maintenance and continuing use of the town square, its approaches and its facilities. The scheme may append a management agreement or may itself set out arrangements ensuring that the square functions as a focal point for town events, for example arrangements may cover cleaning & maintenance; use of lighting & electricity, lifts and other facilities; use, operation & controls for public events; management rights & responsibilities. Unless the Council agrees otherwise in writing, no part of the development shall be occupied until the town square and facilities have been made available for public and market use in accordance with approved schemes.

 

(4)  Active Frontage Use: including restrictions on advertising space, shelving & display, and café use overlooking the public square, as described in the report

 

(5)  Travel Plans: and monitoring costs as described in the report

 

(6)  Two Hours Free parking

 

(7)  Public Realm: a contribution of £10,000 or 50% (whichever is the lower) to the cost of a Public Realm Design Strategy commissioned by Congleton Town Council. Any cost savings which arise between (i) the implementation of the specification contained in the Strategy or of off-site highway works (if completed beforehand) and (ii) the Applicant`s indicative costings for those works, shall be used to further enhance the public realm.

 

and

 

(B) the following conditions:-

General Conditions

 

1. 3 Year Time Limit.
   
   
2. Development in accordance with the approved plans.
   
   
3. All external facing materials to be submitted and approved prior to the commencement of development and implemented in accordance with the approved details.

 

Design Related Matters

 

4. Development to be constructed with Green Roof, the details of which shall be submitted and approved prior to the commencement.
   
   
5. Precise design and materials specification of the clock tower submitted and approved prior to the commencement of development.
   
   
6. Minimum 100mm window reveal depths to the Mill Street Façade unless otherwise agreed in writing by the Local Planning Authority.

 

7. Site levels in accordance with approved drawings

 

Environmental Health

 

8. Environment Agency contaminated land condition.
   
   
9. Further gas monitoring to be undertaken and scheme for gas protection measures submitted and approved prior to commencement of development.

 

10. Scheme for noise mitigation to achieve a BS8233: 1999 “Good Standard “to hotel bedrooms to northern and western facades to be submitted and approved prior to the commencement of development.

 

11. Scheme for noise mitigation to plant and equipment within the development for each phase of development in accordance with BS4142.

 

12. Submission of a Construction Environmental Management Plan to cover the following areas: -
    
    a) Restriction on hours of demolition, construction and deliveries in accordance with those specified by Environmental Health
    b) Submission of detailed scheme for measures to mitigate dust
    c) Details of road sweeper provision during demolition and construction
    d) Identification of storage and delivery areas within the site
    e) To prevent materials being burnt on site 

 

13. Scheme for ventilation and extraction equipment for the café and restaurant uses, extending to also include kitchen and bakery areas within the proposed hotel and or food store, to be submitted and approved for each phase of development and implemented thereafter.

 

Retail Conditions

 

14. Ensure total net retail floorspace with the food store is restricted to 3583m² with a maximum 2480m² net convenience floorspace and a maximum 1013m² net comparison floorspace. In addition a percentage based approach be adopted to allow flexibility with a 70% convenience and 30% comparison goods split.

 

15. Restriction within the food store to prevent the inclusion of an in-store pharmacy and post-office.

 

16. Restriction on food store opening hours

 

Highway and Drainage Conditions

 

17. All car parking spaces proposed within the development to be fully available prior to the first use of the hereby-approved development.

 

18. Submission of surface water regulation and drainage strategy prior to the commencement of development and implementation of thereafter.

 

19. Prior to first occupation, precise details of cycle parking facilities to be submitted and approved.

 

20. Site to be drained on a separate system with only foul drainage connected into the existing foul public sewer which crosses the site.  Surface water to be discharged into the Howty Brook.

 

Specific Conditions

 

21. Relocation of War plaque to a location to be agreed in writing prior to the commencement of development and fully implemented thereafter.

 

22. No development to commence until the temporary market facilities to the Fairground Site have been fully implemented in accordance with approved details unless otherwise agreed in writing with the Local Planning Authority.

 

23. Scheme for detailed archaeological investigation to be submitted and agreed prior to the commencement of development with a mechanism to ensure a mitigation strategy is agreed with the Local Planning Authority where necessary and fully implemented thereafter.

 

24. Prior to commencement of development a scheme for CCTV to be submitted and approved by the Local Planning Authority and fully implemented thereafter.

 

25. Prior to commencement of development a scheme for external lighting for the development site shall be submitted and approved by the Local Planning Authority and fully implemented thereafter.  This is to also include town direction signage.

 

26. Prior to commencement of development detailed scheme for lighting and physical security measures for the Princess Street underpass to be submitted and approved by the Local Planning Authority and fully implemented thereafter.

 

27. Prior to commencement of development detailed scheme for security measures to all retail (excluding the food store) and internal market units to be submitted and approved by the by the Local Planning Authority to include details of internal roller shutters, panic and intruder Alarms and CCTV and fully implemented thereafter.

 

28. Prior to commencement of development, precise details of toilets which are available for public use to be submitted and approved in writing by the Local Planning Authority and fully implemented thereafter.

 

29. Detailed Landscape Plan to be submitted

 

30. 5-year landscape management condition

 

Ecology

 

31. Detailed scheme for implementation of Bat habitat creation/mitigation in accordance with recommendations within the applicants report to be submitted and approved in writing by the Local Planning Authority and fully implemented thereafter

 

32.  Standard breeding bird condition

 

A further four conditions were also included:-

 

33. Submission of a Site Waste Management Plan prior to the commencement of development and fully implemented thereafter

 

34. Restriction to use classes - Restaurant & Café Uses.  Excluding café within food store element which is included within the S106 Agreement

 

35. Phasing mechanism to ensure:-

 

a) That a construction timetable and overall build approach is agreed with the Council prior to the commencement of development and is fully implemented in accordance with those details unless otherwise agreed in writing by the Local Planning Authority.

 

b) Requiring that no part of the development be occupied until such time as the development has been fully constructed (externally) andcompleted in accordance with the approved plans.

 

36. Precise design of gable wall adjoining 19 Mill Street to be submitted, agreed in writing and fully implemented thereafter.

 

37. Precise details of power voltage optimisation system to be submitted, agreed in writing and fully implemented thereafter.

 

38. Precise details of Shop Mobility and time frame for implementation to be submitted and be agreed.

 

It was requested that any amendments to the S106 agreement/Heads of Terms should be brought back to the Board for their consideration.