STAFFORDSHIRE MOORLANDS DISTRICT COUNCILPLANNING APPLICATIONS COMMITTEE

6th April 2017

Application No:

SMD/2016/0067

Location Land adjacent to 3 Meadow Drive, Cheadle Proposal Variation of conditions 2, 5, 6, 7, 8, 10, 11, 12, 13, 15 19, 20,

21, 24, 29 30 and 31 attached to planning permission SMD/2014/0471

Applicant Wrekin Housing Trust Agent DJD Architects Parish/ward Cheadle Date registered 07/07/2016If you have a question about this report please contact: Teresa Critchlow tel: 01538 395400 ex 4119 Teresa.Critchlow@highpeak.gov.uk

REFERRAL

This application is being put forward for consideration by Planning Applications Committee as the proposal is controversial locally and Members made the previous decision to grant planning permission for the site in the first instance.

1. SUMMARY OF RECOMMENDATION

APPROVE subject to the signing of a deed to vary the original S106 agreement and reinstatement/modification of previous conditions.

2. DESCRIPTION OF THE SITE AND ITS SURROUNDINGS

2.1 The application site is a roughly 'L' shaped parcel of land to the south/rear of Bank Street, Cheadle. Dwellings fronting Meadow Drive are located to the west with dwellings fronting The Avenue to the south. To the east are a number of Listed Buildings including the Pugin designed St Giles' R.C Church (Grade 1), St Giles R.C School (Grade II) and a building fronting Bank Street currently in use as a dwelling (Grade II). The site is located within the Cheadle Town Development Boundary, close to the town centre. A small section of the northern part of the site is positioned within the Cheadle Conservation Area; this area contains the Bank Street fronting buildings only. Access to the site is currently through an archway connecting directly with Bank Street. 3. DESCRIPTION OF THE PROPOSAL

3.1 This is a S73 application which seeks consent for a minor material amendment to vary a number of conditions attached to planning permission SMD/2014/0471 which granted consent for the demolition of redundant workshops and the redevelopment of redundant allotment land and buildings to affordable housing consisting of 42 dwellings (30 new builds and conversion of 5-7 Bank Street

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into 12 flats). The application was approved by Planning Applications Committee in November 2014. The conditions which are the subject of this application relate to numbers 2, 5, 6, 7, 8, 10, 11, 12, 13, 15, 19, 20, 21, 24, 29, 30 and 31. For the sake of brevity these are not repeated here although a copy of the decision notice has been appended to the end of this report.

4. RELEVANT PLANNING HISTORY

SMD/2016/0400 Variation of Conditions 2 (approved plans) 6 (approved glazing) 11(access plans) 12 (highway access) 13 (highway rectification works) 15 (revised access details) and 18 (planting plan) attached to planning permission SMD/2014/047. Refused.

SMD/2014/0471 Redevelopment of redundant allotment land and buildings to affordable housing, consisting of 42 dwellings (30 new builds and conversion of 5-7 Bank Street into 12 flats). Demolition of redundant workshops. Approved.

10/00914/FUL_MJ Restoration of existing Bank Street buildings to form 8 no. apartments and Pugin Visitor Centre or A1 Use. Clearance of remainder of site and construction of 28 no. dwellings and construction of new access to Bank Street. Approved.

09/00923/FUL_MJ Restoration of existing Bank Street buildings to form mixed use, demolition or rear extension and workshops and construction of 38 dwellings. Refused.

09/00914/CONSER Demolition of rear extension and workshops. Approved.

05/01392/FUL_MJ Demolition of existing buildings and erection of 29 dwellings with new access off Bank Street. Withdrawn.

05/01393/CONSER Total demolition of the existing buildings to allow construction of a new adoptable access road to serve new residential development. Refused.

82/11502/OLDDC Change of use from builders yard to industrial and commercial premises. Approved

5. PLANNING POLICIES RELEVANT TO THE DECISION

5.1 The Development Plan comprises of:

Saved Local Plan Proposals Map / Settlement Boundaries (adopted 1998). Core Strategy Development Plan Document (adopted March 2014) The Minerals Local Plan (adopted December 1999) Saved Policies 2007 Staffordshire & Stoke on Trent Joint Waste Core Strategy (adopted March

2013)

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5.2 The following Core Strategy policies are relevant to the application:-

SS1 Development Principles SS1a Presumption in Favour of Sustainable Development SS4 Managing the Release of Housing Land SS5c Cheadle Area Strategy E2 Existing Employment Areas H1 New Housing Development H2 Affordable and Local Needs Housing DC1 Design Considerations DC2 The Historic Environment C1 Creating Sustainable Communities C2 Sport, Recreation and Open Space C3 Green Infrastructure NE1 Biodiversity and Geological Resources T1 Development and Sustainable Transport

Cheadle Town Centre Masterplan

Supplementary Planning Guidance (SPG) Design Principles for Development in the Staffordshire Moorlands Public Open Space Developer/Landowner Contributions Space About Dwellings

National Planning Policy NPPF

Chapter 1 - Delivering Sustainable Development Chapter 4 - Promoting Sustainable Transport Chapter 6 - Delivering a Wide Choice of High Quality Homes Chapter 7 – Requiring Good Design Chapter 8 – Promoting Healthy Communities Chapter 11 – Conserving and Enhancing the Natural Environment Chapter 12 – Conserving and Enhancing the Historic Environment

Other Relevant Policy Documents

National Planning Policy Guidance

6. CONSULTATIONS CARRIED OUT

6.1 Forty eight neighbours have been notified. Two site notices have been displayed and the application has been advertised in the Cheadle & Tean Times.

6.2 Thirteen letters of objection have been received which raise the following points:-

overbearing nature of the unbroken houses (plots 19-22);

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loss of privacy and overlooking; uncharacteristic level of glazing which is out of character with the area; no consent has been obtained from the owner of the property where the

location of drains is shown; no consideration given to Japenese Knotweed which is present on site; concerns that developers have adequate insurance should any

problems arise; residents are being bullied and harassed; impact on residential amenity due to construction works infringement of human rights developer has a total disregard for the Planning Authority and

residents. They are changing the original plans by putting adjustments through in the hope that they will be passed on delegated powers, enabling their company to make maximum profit at the expense of the town of Cheadle and local residents and their homes.

There have been no changes since this application was rejected earlier this year. As a safe route to all the schools that surround us it would be madness to add any more congestion to Meadow Drive and the other areas round the schools

Amount of requested changes are excessive

One further letter of representation has been received which does not object or support the application but states that the best way to access the site would be to demolish the old entrance to the site. to give better access to all vehicles. To lose 12 flats but to still have 30 other properties is the best for all especially for the residents on Meadow Drive

Cheadle Town Council – Object. The planning conditions attached to the original permission were imposed to safeguard the character of the area, including the appearance of the conservation area and the setting on nearby listed buildings, visual amenities, highway safety, neighbour amenity, including avoidance of the risk of disturbance to neighbouring dwellings and to protect the occupants from noise. Given that the Planning Authority felt it necessary to include these conditions as a safeguard the Town Council submit that the Applicants should now comply with all conditions which were subject to the application SMD/2014/0471 and urge the Planning Authority to refuse this application on the same grounds.

Highways Authority – Awaited.

Trees & Woodlands Officer – No objection. Ecology Officer – Awaited.

Conservation Officer – No objections.

Legal – Awaited.

Housing – Awaited.

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Seven Trent Water – Awaited.

Environment Agency – Awaited.

British Coal – Awaited.

7. POLICY, OFFICER COMMENT AND PLANNING BALANCE

7.1 Section 73 of the Town & Country Planning Act 1990 provides that any application may be made for planning permission without complying with conditions applied to a previous permission. It states that local authorities may decide whether to grant permission subject to differing conditions (this can include imposing new conditions), remove the conditions altogether or refuse to alter the conditions. Thus it is possible to apply for conditions to be struck out, or for their modification or relaxation. This makes it clear in considering such an application a Local Planning Authority may only consider the question of conditions and not revisit the principle of the development.

7.2 Therefore, only the acceptability of the proposal in the context of the reasons for the imposition of the conditions falls to be considered in the determination of the current application. However in terms of decision making, a Section 73 application should be treated just like any other application, and due regard should be paid to the Development Plan and any other material considerations.

7.3 Members will recall that a similar application was considered by them at Planning Committee on 6th October 2016. Whilst the officer recommendation was one of approval Members resolved to issue a split decision which granted consent for the non related highway works but refused the revised access to the site through Meadow Drive. Following that resolution it became apparent that the Local Planning Authority, unlike a Planning Inspector, does not have power to issue a split decision on planning applications. They simply have the power to approve, approve with conditions or refuse.

7.4 Consideration was therefore given as to whether the revised access arrangement could be removed as part of a planning condition. Whilst this is technically an option, and is “in effect” a split decision” given that the proposed access formed such a fundamental and intrinsic part of the development it was not considered that this could be achieved. A further option would have been to have requested an amended site plan showing the original access off Bank Street. This too, however, would have caused problems as it would have required the applicant to agree to the submission of the amendment, which would have unintentionally removed their right of Appeal. Furthermore, this access whilst previously approved, did not form part of that application and had not therefore been advertised or consulted upon as such. Therefore after seeking legal opinion and in agreement with the applicant it was resolved to issue a refusal for the previous application on the sole grounds of highway safety. An informative which confirmed that the Council had no objections to the non-highway related matters was included on the decision notice and a further application was therefore requested.

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7.5 This application therefore simply seeks consent for the non-related highway changes previously considered and approved by Members last year. Essentially the proposed amendments to the previously approved scheme can be grouped into two categories:- amendments to the new build properties and their general arrangement; amendments to the conversion of 5-7 Bank Street and most controversially a revised access to serve the development off Meadow Drive rather than Bank Street. Each of these amendments are discussed in detail below:-

Amendments to the new build properties

7.5 The submitted plans propose a number of amendments to the design of the previously approved new build properties. These include the:-

o addition of 2 no. parking spaces for plot 34;o inclusion of bin store area for flats at end of car park;o adjustment of plot levels to match site sections and work with

drainage/highways layout and retaining features indicated;o omission of windows to stair wells on the front elevations of units 13, 29, 31

and 26; o omission of ground floor gable end windows to units 19 and 22

7.6 Planning policies at a local and national level both require development to be designed to a high standard and respectful of its context. The application proposes some minor changes to the overall design of some of the house types as well as changes to the site layout in terms of servicing/parking provision. The proposal does not make provision for any increase in the number of dwellings and the numbers of units, along with their overall type, size and scale have been retained as per the originally approved plans. The proposed design amendments are considered to be minor and would have no impact on the character and appearance of the dwellings on the wider surrounding area. Acceptable separation distances would be maintained and the proposed amendments are not considered to raise any fresh planning issues in terms of amenity or impact on neighbouring properties. There is therefore no objection to their approval.

Amendments to the conversion of the existing building

7.7 The submitted plans also propose some minor alterations which relate to the conversion of the existing building at 5-7 Bank Street. Alterations to the existing building comprise of the:-

o infilling second floor gable end window to existing building; o insertion of rooflight on the eastern side of the southern wing of the building; o alteration to existing window/door arrangement to allow for improved

communal stair access and acoustic separation within existing building conversion;

o retention of basement area

7.8 Core Strategy policies DC1 and DC2 (as well as the NPPF) require that alldevelopments should be well designed, contribute positively to their surroundings, take into consideration any special character and heritage of an area and create a positive sense of place. Scale, density, layout, siting and landscaping are all matters

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which should be considered. Good design is 'indivisible from good planning and should contribute positively to making places better for people' (NPPF Chapter 7).

7.9 The early 19th Century, three storey brick, Bank Street fronting buildings are located within the Cheadle Conservation Area and form an important part of the street scene at this point. The Bank Street buildings are close to an important range of Listed buildings. Whilst the majority of the site is not within the Conservation Area, any development here would affect the Conservation Area and listed building setting of the adjoining Old Convent, St Giles RC Primary School and nearby St Giles Church, albeit less so for the southern part of the site.

7.10 The Bank Street buildings are currently of poor appearance and are in desperate need of renovation. The principle of their conversion and the prospect of bringing the historic building back into use has been previously welcomed by English Heritage (now Historic England) and the Council’s Conservation Officer. The proposed amendments from the previously approved plans would not adversely affect the character and appearance of the existing building or its setting and the Conservation Officer has raised no objections subject to their detailed design.

Other Material Considerations

7.11 The previous planning permission was subject to the provision of a S106 legal agreement which secured the provision of affordable housing. Because this is a S73 application it will result in the issue of a fresh planning permission and therefore a simple deed of variation will need to be raised to ensure that the terms of the existing S106 which is tied to the previous planning permission are complied with. The legal department have been consulted with regards to this matter and the applicants’ agent has confirmed their agreement to this.

8. Conclusion

8.1 Having considered the merits of the proposal against prevailing planning policy, the application is considered to accord with the key themes set out in the National Planning Policy Framework in contributing towards the delivery of housing in a sustainable location. The principle of residential development on the site is well established and there has been no material change in adopted development plan policy which would lead to a different conclusion with regards to this proposal being reached. The proposed variations to the design of the new build part of the scheme and the conversion of the existing building are considered to be acceptable and would have not adversely impact on the overall character and appearance of the development or the wider surrounding area.

9. RECOMMENDATION

9.1 Subject to the prior completion of a Section 106 Agreement to secure 100% affordable housing, that planning permission be granted subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of three years from 26th February 2015 being the date of the original permission

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reference number SMD/2014/0471. Reason:- To comply with the provisions of Section 51 of the Town and Country Planning, Planning and Compulsory Purchase Act, 2004.

2. The development hereby approved shall be carried out in accordance with the following submitted plans numbered 105-14-01 Rev B (Tree Plan & Schedule); 105-14-02 Rev A (Planting Plan);2015/K787/100(-) (Location Plan); 2015/K787/104(A); (Site Sections); 2015/K787/210(C) General Arrangement Units 13-142015/K787/212(C) General Arrangement Units 15-16 2015/K787/214(C) General Arrangement Units 17-182015/K787/216(C) General Arrangement Units 19-22 2015/K787/218(D) General Arrangement Units 23-242015/K787/220(C) General Arrangement Units 25-262015/K787/222(D) General Arrangement Units 27-282015/K787/224(B) General Arrangement Units 29-322015/K787/225(C) General Arrangement Units 29-322015/K787/227(C) General Arrangement Units 33-352015/K787/229(C) General Arrangement Units 36-372015/K787/231(C) General Arrangement Units 38-392015/K787/233(C) General Arrangement Units 40-412015/K787/235(C) General Arrangement Unit 42 2015/K787/310(A) Proposed Basement Floor Plan2015/K787/311(F) Proposed Ground Floor Plan2015/K787/312(E) Proposed First Floor Plan2015/K787/313(F) Proposed Second Floor Plan 2015/K787/320(D) Proposed Elevations2015/K787/330(C) Window Schedule 1 2015/K787/331(A) Door Schedule2015/K787/359(A) Window with Spandrel Panel Details 2015/K787/360(D) Replacement Window Details 2015/K787/106(B) Site Plan Proposed (Revised Access) 378-03 Rev B Engineering Layout Sheet 1 378-04 Rev A Construction Details 378-05 Rev A Engineering Layout Sheet 2 378-09 Rev A Longitudinal Sections 378-31 Rev B Site Levels & Drainage Layout Sheet 378-32 Rev D Site Levels & Drainage Layout Sheet 2 378-38 Rev A Highway Sections subject to the following conditions and/or modifications:- Reason:- To ensure that the development is carried out in accordance with the approved plans, for clarity and the avoidance of doubt.

3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with or without modification), no development as specified in Part 1 Class(es) A, B, C, D, E, F, G and H and/or Part 2 Class(es) A, B and C, other than those expressly authorised by this permission, shall be carried out

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without express planning permission first being obtained from the Local Planning Authority. Reason:- To enable the Local Planning Authority to control the development and so safeguard the character and visual amenities of the area, and to ensure that adequate private open space is retained within the curtilage of each of the dwellings.

4. None of the new build dwellings hereby approved shall be occupied until the refurbishment of 5-7 Bank Street (as identified on the above approved plans) has been completed in accordance with the Method Statement and details approved under condition number 5 and to a standard fit for occupation. Reason: To ensure the restoration and enhancement of the Bank Street buildings, in the interests of enhancing the character and appearance of the conservation Area and the setting of nearby listed buildings.

5. Notwithstanding the above approved plans the development hereby approved shall be carried out in strict accordance with 2015/K787/8.0 Materials Schedule (A) , 2015/K787/8.0 Method Statement and Schedule of Repair (B) and drawings 2015/K787/250 (B); 2015/K787/252 (B); 2015/K787/235 (C); 2015/K787/233 (C); 2015/K787/231 (C); 2015/K787/229 (C); 2015/K787/227 (C); 2015/K787/225 (C); 2015/K787/222 (D); 2015/K787/220 (C); 2015/K787/218 (D); 2015/K787/216 (C); 2015/K787/214 (C); 2015/K787/212 (C); and 2015/K787/210 (C) which show the approved facing materials including proposed brick, render and tiles; details to eaves, verges, porches and chimneys; rainwater goods and external soil pipes; Joinery details for all windows and doors, including cills, lintels, headers, glazing, putty fixing, method of opening, finish and the glazed arch (within the Bank Street building) which should be recessed; Boundary details such as any walls, fences and railings; Vents, cowls and ducts; Method Statement and Schedule of repair for 5-7 Bank Street, including treatment of floors, internal and external walls (including pointing), basement, roof flues and pointing; Recording of basement; External surfacing materials; details of the existing and proposed levels across the site and relative to adjoining land, together with the finished floor levels of the proposed buildings; details of proposed sheds and permanently retained as such for the life of the development. Reason:- In the interests of securing a high quality development that enhances the character and appearance of the Conservation Area and the setting on nearby listed buildings.

6. Notwithstanding the above approved drawings the following windows shall be fitted with Pilkington Optifloat Opal Privacy Level 5 non opening glazing as agreed and unless otherwise approved in writing:-

Apartment No. 06. Bedroom No.01, rear gable window as shown on Elevation No. 4,

Apartment No. 08. Hall and Kitchen windows as shown on Elevation No. 2.

Apartment No. 10. Bedroom No. 01 rear gable window as shown on Elevation No. 4,

Apartment No. 12. Hall and Kitchen windows as shown on Elevation No.

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The development shall be carried out fully in accordance with the approved details, completed prior to first occupation of the apartments hereby approved and retained for the lifetime of the development. Reason:-In the interests of neighbour amenity.

7. Notwithstanding the above approved plans, windows and doors within the retained building shall be repaired wherever possible (or accurately replicated) in accordance with the submitted Method Statement and Schedule of Repair reference 2015/K787/8.0 and drawings 2015/K787/330 (C); 2015/K787/359 (A); 2015/K787/360 (D) and 2015/K787/361 (B) prior to the first occupation of the building and be retained for the lifetime of the development. Reason:-In the interests of securing a high quality development that enhances the character and appearance of the Conservation Area and the setting on nearby listed buildings.

8. The access and all associated road construction, steret lighting, and drainage provision shall be carried out in strict accordance with the submitted plans number 378-03 Rev C; 378-04 Rev A, 378-09 Rev A, 378-25, 378-31 Rev B, 378-32 Rev D and 378-38 Rev A prior to first occupation of the the properties hereby approved. Reason:-In the interests of highway safety.

9. Should the finished surface levels of properties fall towards the Prospective Public Highway, before the development is brought into use access drives shall be constructed with drainage interceptors which shall be sited across the accesses immediately rear of the highway boundary, which shall be connected to Soakaway or other approved Surface Water Drainage System and be maintained in full operational order for the life of the development.Reason:-In the interests of highway safety.

10. The development hereby approved shall be carried out in strict accordance with the submitted Site Environmental and Management Method Statement which shall be adhered to throughout the construction period of the approved development. Reason:-In the interests of highway safety.

11. The highway safety works including:- the access off Bank Street to include adequate offsets from existing

boundaries, revisions to Meadow Drive turning head including boundary details, emergency access from Meadow Drive, means to discourage/prevent through access froom Meadow Drive to

Bank Street and Vice versa and a method of screening/protecting number 10 Meadow Drive from

vehicular headlights leaving the site shall be carried out in accordance with the submitted drawings numbered 378-03 Rev C, 378-04 Rev A, 378-05 Rev A, 378-09 Rev A, 378-25, 378-31 Rev B, 378-32 Rev D and 378-38 Rev A.

.Reason:-In the interests of highway safety.

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12. The off-site highway works shall thereafter be constructed in accordance with the approved details prior to the residential development being commenced.Reason:-In the interests of highway safety.

13. Rectification of damage to the highway during site construction works,against submitted photographic schedule of condition (24 January 2017)shall be completed prior to first occupation of the development unlessagreed otherwise in writing by the Local Planning AuthorityReason:-In the interests of highway safety.

14. The development hereby permitted shall not be brought into use until the access, parking, servicing and turning areas have been provided in accordance with the approved plans.Reason:-In the interests of highway safety.

15. The development hereby approved shall be carried out in strict accordance with drawing 378-03 Rev C and 378-38 Rev A which show a minimum offset of 0.5m from the boundary wall of number 21 Bank Street and completed prior to first occupation.Reason:-In the interests of highway safety.

16. There shall be no removal of any trees, shrubs or hedgerows during the bird nesting season (March to August inclusive), unless it has been demonstrated and accepted in writing by the Local Planning Authority that this is appropriate and in this case only following careful inspection by a competent person to establish that such trees, shrubs or hedgerow are not in active use by nesting birds.Reason:-In the interests of protected species.

17. Before the commencement of development (including any demolition, site clearance and stripping) temporary protective fencing and advisory notices for the protection of the existing trees to be retained shall be erected in accordance with guidance in British Standard 5837:2012 Trees in Relation to Design, Demolition and Construction - Recommendations, and shall be retained in position for the duration of the period that development takes place. Within the fenced areas there shall be no excavation, changes in ground levels, passage of vehicles, storage of materials, equipment or site huts, tipping of chemicals, waste or cement, or lighting of fires unless otherwise agreed in writing by the Local Planning Authority.Reason:-In the interests of trees to be retained.

18. The planting plan shown on Brain Evans Landscape Design Studio Ltd Tree Plan Drg. No. 105-14-01 Rev B and Planting Plan Drg No. 105-14-02 Rev A, shall be fully implemented before the end of the first available dormant season (November to February inclusive) following completion of the development hereby approved. The trees, shrubs and grass planted in accordance with this landscaping scheme shall be properly maintained for a period of 5 years following planting. Any plants which within this period are damaged, become

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diseased, die, are removed or otherwise fail to establish shall be replaced during the next suitable season.Reason:-In the interests of visual amenity.

19. None of the dwellings hereby approved shall be occupied until the areas of incidental open space (identified on the approved plans to the side of plot 13 and to the front of plots 17 and 18) have been provided and laid out in accordance with the submitted details number 2015/K787/101 Rev G and the Wrekin Housing Trust Specification for Ground Maintenance. The incidental open spaces shall thereafter be provided and maintained in accordance with the submitted details for the lifetime of the development.Reason:-To ensure the provision and maintenance of incidental open space on the site in the interests of enhancing the appearance of the development.

20. The on-site conversion work begins in relation to building 1A (part of the Bank Street building) as identified within the submitted Ecological Appraisal, Report No. P90.T109.14 (25th July 2014) shall be carried out in strict accordance with the mitigation and compensaton measures contained within the Ecology Method Statement and DJD Architects email detailed 20th January 2017 and there shall be no variation without the prior written consent of the Local Planning Authoroity. Reason:-To ensure appropriate safeguard to the population of European Protected Species.

21. The development hereby approved shall be carried out in strict accordance with the scheme detailing the form and locations within the development, and measures to provide for nesting Blackbirds, Robins, Wrens and Swifts as contained on drawing number 2015/K787/101 (G) and the accompanying leet from Pearce Environmental dated 24th November 2016. These measures shall be implemented in accordance with the submitted details prior to first occupation of the building and retained retained for the lifetime of the development.Reason:-To ensure appropriate steps are incorporated to achieve sustainable development without loss to biodiversity.

22. Work on site affecting buildings other than 1A (part of the Bank Street building) as identified within the submitted Ecological Appraisal, Report No. P90.T109.14 (25th July 2014) shall be undertaken in accordance with the Working Method Statement contained at Appendix G to the submitted Ecological Appraisal (P90.T109.14).Reason:-To ensure appropriate safeguard to the population of European Protected Species.

23. Before any work is undertaken involving pruning or felling of tree T3 (Weeping Willow) the appropriate 'Reasonable Avoidance Measures' with respect to trees as set out in the submitted Ecological Appraisal (P90.T109.14) at page 31 shall be followed.Reason:-To ensure appropriate safeguard to the population of European Protected.

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24. The development hereby approved shall be carried out in strict accordance with the scheme of archaeological investigation undertaken by SLR Consulting Report Reference 406-06406-00001 and there shall be no variation without the prior written agreement of the Local Planning Authority. Reason:-In the interests of archaeology.

25. Unless prior permission has been obtained in writing from the Local Planning Authority, all noisy activities shall be restricted to the following times of operations._ 08:00 - 18:00 hours (Monday to Friday);_ 08:00 - 13:00 hours (Saturday)_ No working is permitted on Sundays or Bank Holidays.In this instance a noisy activity is defined as any activity (for instance, but not restricted to, building construction/demolition operations, refurbishing and landscaping) which generates noise that is audible at the site boundary.Reason:-To avoid the risk of disturbance to neighbouring dwellings from noise during unsocialhours.

26. No top soil is to be imported to the site until it has been tested for contamination and assessed for its suitability for the proposed development. A suitable methodology for testing this material should be submitted to and agreed in writing by the Local Planning Authority prior to the soils being imported onto site. The methodology should include the sampling frequency, testing schedules, criteria against which the analytical results will be assessed (as determined by the risk assessment) and source material information. The analysis shall then be carried out and validatory evidence submitted to and approved in writing to by the Local Planning Authority.Reason:-To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

27. In the event that contamination is found at any time when carrying out the approved development it must be reported in writing immediately to the Local Planning Authority. Development should not commence further until an initial investigation and risk assessment has been completed in accordance with a scheme to be agreed in writing by the Local Planning Authority to assess the nature and extent of any contamination on the site. If the initial site risk assessment indicates that potential risks exists to any identified receptors, development shall not commence until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been prepared, and is subject to the approval in writing of the Local Planning Authority.Reason:-To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors

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28. Any waste material associated with the demolition or construction shall not be burnt on site but shall be kept securely for removal to prevent escape into the environment.Reason:-To protect the amenities of the area.

29. The development hereby approved shall be carried out in strict accordance with the Contamination Remediation Statement from GIP dated 29th September 2016 and there shall be no variation without the prior written consent of the Local Planning Authority. Reason:-To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

30. The development hereby approved shall be carried out in struct accordance with Sound Testing Environmental Noise Report 8350E Rev 2 and there shall be no variation without the prior written consent of the Local Planning Authority. Reason:-To protect occupiers from noise and safeguard their residential amenities

31. The disposal of surface water and foul sewage shall be carried out in accordance with the details shown on drawing number 378-31 Rev B and 2378-32 Rev D prior to the development being first brought into use andpermanently so maintained unless otherwise agreed in writing by the Local Planning Authority. Reason:-To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.

(B) 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 Operations Manager – Development Services has delegated authority to do so in consultation with the Chairman of the Planning Applications Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.

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APPENDIX 1 COPY OF DECISION NOTICE FOR SMD/2014/0471

Mr Colin SuttonSutton & Wilkinsons Architects LtdVictoria House 13 New Penkridge RoadCannockStaffordshireWS11 1HW

Mr SwannOld Park Colliers WayTelfordShropshireTF3 4AW

Application no: SMD/2014/0471

Determined on: 27/02/2015

Town and Country Planning Act 1990Town and Country Planning (Development Management Procedure) England)

Order 2010

FULL PERMISSION FOR DEVELOPMENTThis permission does not carry any approval or consent which may be required under any enactment, bylaw, order or regulation (e.g. in relation to Building Regulations or the Diversion of Footpaths etc) other than Section 57 of the Town and Country Planning Act, 1990.

Location of Development:

Meadow Drive/Bank Street Cheadle Staffordshire ST10 1NR

Description of Development:

Redevelopment of redundant allotment land and buildings to affordable housing, consisting of 42 dwellings (30 new builds and conversion of 5-7 Bank Street into 12

flats). Demolition of redundant workshops.

In pursuance of their power under the above mentioned Act, Staffordshire Moorlands District Council Planning Authority, HEREBY GRANTS PLANNING PERMISSION for the development described above subject to the following condition(s):

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason:- To comply with the provisions of Section 51 of the Town and Country Planning, Planning and Compulsory Purchase Act, 2004.

2. The development hereby approved shall be carried out in accordance with the following submitted plans:105-14-01 Rev B; 105-14-02 Rev A;2263-100 Rev D;2263-101 Rev A;2263-102 Rev B; 2263-103 Rev A; 2263-104; 2263-105; 2263-106; 2263-107-Rev A; 2263-108 Rev A; 2263-109; 2263-110 Rev A; 2263-111 Rev A;2263-112 Rev A; 2263-115-Rev C; 2263-10 Rev A

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Reason:-To ensure that the development is carried out in accordance with the approved plans, for clarity and the avoidance of doubt.

3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with or without modification), no development as specified in Part 1 Class(es) A, B, C, D, E, F, G and H and Part 2 Class(es) A, B and C, other than those expressly authorised by this permission, shall be carried out without express planning permission first being obtained from the Local Planning Authority.

Reason:-To enable the Local Planning Authority to control the development and so safeguard the character and visual amenities of the area, and to ensure that adequate private open space is retained within the curtilage of each of the dwellings.

4. None of the new build dwellings hereby approved shall be occupied until the refurbishment of 5-7 Bank Street (as identified on the above approved plans) has been completed in accordance with the Method Statement and details approved under condition number 5 and to a standard fit for occupation.

Reason:-To ensure the restoration and enhancement of the Bank Street buildings, in the interests of enhancing the character and appearance of the conservation Area and the setting of nearby listed buildings.

5. Notwithstanding the above approved plans, no development apart from site clearance shall be commenced until details of the following have been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details and retained for the lifetime of the development.Facing materials including proposed brick, render and tiles;- Details to eaves, verges, porches and chimneys;- Rainwater goods and external soil pipes;- Joinery details for all windows and doors, including cills, lintels, headers, glazing,putty fixing, method of opening, finish and the glazed arch (within the Bank Streetbuilding) which should be recessed;- Boundary details such as any walls, fences and railings;- Vents, cowls and ducts;- Method Statement and Schedule of repair for 5-7 Bank Street, including treatmentof floors, internal and external walls (including pointing), basement, roof flues andpointing;- Recording of basement including method and details of closing the doorway to the basement.- External surfacing materials- details of the existing and proposed levels across the site and relative to adjoiningland, together with the finished floor levels of the proposed buildings;- Details of proposed sheds;

Reason:-In the interests of securing a high quality development that enhances the character and appearance of the Conservation Area and the setting on nearby listed buildings.

6. Notwithstanding approved drawing number 2263-115 REV C, details of frosted/obscure and non-opening glazing for the following windows/openings shall be

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submitted to and approved in writing by the Local Planning Authority. The development shall be carried out fully in accordance with the approved details, completed prior to first occupation of the apartments hereby approved and retained for the lifetime of the development;- Apartment No. 06. Bedroom No.01, rear gable window as shown on Elevation No. 4,- Apartment No. 08. Hall and Kitchen windows as shown on Elevation No. 2.- Apartment No. 10. Bedroom No. 01 rear gable window as shown on Elevation No. 4,- Apartment No. 12. Hall and Kitchen windows as shown on Elevation No. 02.

Reason:-In the interests of neighbour amenity.

7. Notwithstanding the above approved plans, windows and doors within the retained building shall be repaired wherever possible (or accurately replicated) in accordance with details to be first submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details, be completed before first occupation and be retained for the lifetime of the development

Reason:-In the interests of securing a high quality development that enhances the character and appearance of the Conservation Area and the setting on nearby listed buildings.

8.. The development hereby permitted shall not be commenced until details have been submitted to and approved in writing by the Local Planning Authority indicating all road construction, street lighting, drainage including longitudinal sections and a satisfactory means of draining roads to an acceptable outfall to SUDS principles which shall thereafter be constructed in accordance with the approved drawings prior to first occupation of the properties hereby approved.

Reason:-In the interests of highway safety.

9. Notwithstanding the above approved plans and before the development is brought into use all access drives shall be constructed with drainage interceptors which shall be sited across the accesses immediately rear of the highway boundary, which shall be connected to Soakaway or other approved Surface Water Drainage System and be maintained in full operational order for the life of the development.

Reason:-In the interests of highway safety.

10. Prior to the commencement of works on site, a Construction Method Statement and Access Site Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The statement shall be adhered to throughout the construction period and shall provide for:(i) The Routing of all site traffic.(ii) The Parking of vehicles of site operatives and visitors.(iii) The Loading and unloading of Plant and Materials.(iv) Storage of Plant and materials for the construction of the development.(v) Wheel Washing facilities.(vi) Measures to control the emission of

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dust and dirt during the construction.(vii) A scheme for recycling/disposal of waste and rubble resulting fromdemolition/construction works.The plan shall thereafter be implemented as approved

Reason:-In the interests of highway safety.

11. The development hereby permitted shall not be commenced until the detailed design of the following off site highway works, generally in line with approved drawing 2263-100D but to adoptable standards, have been submitted to and approved in writing by the Local Planning Authority:- access off Bank Street to include adequate offsets from existing boundaries;- revisions to Meadow Drive turning head including boundary details;- emergency access from Meadow Drive to the proposed development;- means to discourage/prevent through access from Meadow Drive to Bank Streetand vice versa, including a method of screening/protecting number 10 Meadow Drivefrom vehicular headlights leaving the site.

Reason:-In the interests of highway safety.

12. The off-site highway works shall thereafter be constructed in accordance with the approved details prior to the residential development being commenced.

Reason:-In the interests of highway safety.

13. Before the proposed development is commenced, details of measures to secure the rectification of any damage to the highway during site construction works shall be submitted to and approved in writing by the Local Planning Authority. The rectification works shall be completed prior to first occupation of the development.

Reason:-In the interests of highway safety.

14. The development hereby permitted shall not be brought into use until the access, parking, servicing and turning areas have been provided in accordance with the approved plans.

Reason:-In the interests of highway safety.

15. Notwithstanding any details shown on the approved plans no development shall be commenced until revised access details indicating the following have been submitted to and approved in writing by the Local Planning Authority:- a minimum offset of 0.5m from the boundary wall of number 21 Bank Street.The access shall thereafter be carried out in accordance with the approved detailsand be completed prior to first occupation.

Reason:-In the interests of highway safety.

16. There shall be no removal of any trees, shrubs or hedgerows during the bird nesting season (March to August inclusive), unless it has been demonstrated and

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accepted in writing by the Local Planning Authority that this is appropriate and in this case only following careful inspection by a competent person to establish that such trees, shrubs or hedgerow are not in active use by nesting birds.

Reason:-In the interests of protected species.

17. Before the commencement of development (including any demolition, site clearance and stripping) temporary protective fencing and advisory notices for the protection of the existing trees to be retained shall be erected in accordance with guidance in British Standard 5837:2012 Trees in Relation to Design, Demolition and Construction - Recommendations, and shall be retained in position for the duration of the period that development takes place. Within the fenced areas there shall be no excavation, changes in ground levels, passage of vehicles, storage of materials, equipment or site huts, tipping of chemicals, waste or cement, or lighting of fires unless otherwise agreed in writing by the Local Planning Authority.

Reason:-In the interests of trees to be retained.

18. The planting plan shown on Brain Evans Landscape Design Studio Ltd Tree Plan Drg. No. 105-14-01 Rev B and Planting Plan Drg No. 105-14-02 Rev A, shall be fully implemented before the end of the first available dormant season (November to February inclusive) following completion of the development hereby approved. The trees, shrubs and grass planted in accordance with this landscaping scheme shall be properly maintained for a period of 5 years following planting. Any plants which within this period are damaged, become diseased, die, are removed or otherwise fail to establish shall be replaced during the next suitable season.

Reason:-In the interests of visual amenity.

19. None of the dwellings hereby approved shall be occupied until the areas of incidental open space (identified on the approved plans to the side of plot 13 and to the front of plots 17 and 18) have been provided and laid out in accordance with details to be first submitted to and approved in writing by the Local Planning Authority. Such details should include the future maintenance of the open space. The incidental open spaces shall thereafter be provided and maintained in accordance with the approved details for the lifetime of the development.

Reason:-To ensure the provision and maintenance of incidental open space on the site in the interests of enhancing the appearance of the development.

20. Before on-site conversion work begins in relation to building 1A (part of the Bank Street building) as identified within the submitted Ecological Appraisal, Report No. P90.T109.14 (25th July 2014) a scheme of mitigation and compensation measures to include seasonal restrictions on timing of works and provision of bat roost sites within the development, drawn up in accordance with any requirements imposed under a licence from Natural England for work affecting European Protected

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species, shall be implemented and the details notified to the Local Planning Authority.

Reason:-To ensure appropriate safeguard to the population of European Protected Species.21. Prior to the commencement of development on site, a scheme detailing the form and locations within the development, of measures to provide for nesting Blackbirds, Robins, Wrens and Swifts shall be submitted to and approved in writing by the Local Planning Authority for approval and shall be implemented in accordance with the approved details prior to first occupation of the building. The development shall be retained for the lifetime of the development.

Reason:-To ensure appropriate steps are incorporated to achieve sustainable development without loss to biodiversity.

22. Work on site affecting buildings other than 1A (part of the Bank Street building) as identified within the submitted Ecological Appraisal, Report No. P90.T109.14 (25th July 2014) shall be undertaken in accordance with the Working Method Statement contained at Appendix G to the submitted Ecological Appraisal (P90.T109.14).

Reason:-To ensure appropriate safeguard to the population of European Protected Species.

23. Before any work is undertaken involving pruning or felling of tree T3 (Weeping Willow) the appropriate 'Reasonable Avoidance Measures' with respect to trees as set out in the submitted Ecological Appraisal (P90.T109.14) at page 31 shall be followed.

Reason:-To ensure appropriate safeguard to the population of European Protected.

24. Prior to the commencement of the development hereby permitted, a written scheme of archaeological investigation (The Scheme) shall be submitted for the written approval of the Local Planning Authority. The Scheme shall provide details of the programme of archaeological works to be carried out within the site, including post-excavation reporting and appropriate publication and interpretation. The Scheme shall thereafter be implemented in full in accordance with the approved details.

Reason:-In the interests of archaeology.

25. Unless prior permission has been obtained in writing from the Local Planning Authority, all noisy activities shall be restricted to the following times of operations.

_ 08:00 - 18:00 hours (Monday to Friday);_ 08:00 - 13:00 hours (Saturday)_ No working is permitted on Sundays or Bank Holidays.In this instance a noisy activity is defined as any activity (for instance, but not restricted to, building

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construction/demolition operations, refurbishing and landscaping) which generates noise that is audible at the site boundary.

Reason:-To avoid the risk of disturbance to neighbouring dwellings from noise during unsocialhours.

26. No top soil is to be imported to the site until it has been tested for contamination and assessed for its suitability for the proposed development. A suitable methodology for testing this material should be submitted to and agreed in writing by the Local Planning Authority prior to the soils being imported onto site. The methodology should include the sampling frequency, testing schedules, criteria against which the analytical results will be assessed (as determined by the risk assessment) and source material information. The analysis shall then be carried out and validatory evidence submitted to and approved in writing to by the Local Planning Authority.

Reason:-To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

27. In the event that contamination is found at any time when carrying out the approved development it must be reported in writing immediately to the Local Planning Authority. Development should not commence further until an initial investigation and risk assessment has been completed in accordance with a scheme to be agreed in writing by the Local Planning Authority to assess the nature and extent of any contamination on the site. If the initial site risk assessment indicates that potential risks exists to any identified receptors, development shall not commence until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been prepared, and is subject to the approval in writing of the Local Planning Authority.

Reason:-To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors

28. Any waste material associated with the demolition or construction shall not be burnt on site but shall be kept securely for removal to prevent escape into the environment.

Reason:-To protect the amenities of the area.

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29. Prior to the commencement of development on the site, an updated contamination site risk assessment shall be undertaken in accordance with a scheme to be agreed in writing by the Local Planning Authority, to assess the nature and extent of the contamination on the site. Once completed, a written report of the findings and recommendations shall be submitted and approved in writing by the Local Planning Authority. If the updated site risk assessment confirms that potential risks exist, development shall not commence until a detailed remediation strategy to bring the site to a condition suitable for the intended use has been prepared, and is subject to the approval in writing by the Local Planning Authority. Prior to bringing the development into first use, a validation report demonstrating completion of the works set out in the approved remediation strategy shall be submitted to and approved in writing by the Local Planning Authority.

Reason:-To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

30. Development shall not commence until a scheme for protecting proposed residential units 15-22 and the apartments contained within 5-7 Bank Street from internal and external noise (as identified on the above approved plans) has been submitted to, and approved in writing by the Local Planning Authority. The submitted scheme shall have due regard for the British Standard 8233:2014 Guidance on Sound Insulation for Buildings, and be designed to achieve noise levels of less than 35 dB LAeq in bedrooms, less than 40 dBLAeq in living areas and less than 55 dB Laeq in outdoor living areas.

Reason:-To protect occupiers from noise and safeguard their residential amenities

31. The development hereby permitted shall not commence until drainage plans for the disposal of surface water and foul sewage have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in full accordance with the approved details before the development is first brought into use.

Reason:-To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.