Agenda item

Erection of 180 dwellings with associated works Land off, Westgate, Cleckheaton.

Contact: Nick Hirst, Planning Services.

 Ward(s) affected: Cleckheaton.

Delegate to the Head of Planning and Development to approve as detailed in

the considered report and the planning update subject to the following amendment to the Section 106 agreement: that the contributions that were allocated to an open space off-site; Metro enhancements; and sustainable travel be all allocated to education provision.

The Committee gave consideration to Planning Application 2021/93567 Erection of 180 dwellings with associated works Land off, Westgate, Cleckheaton.

Under the provisions of Council Procedure Rule 37 the Committee received a representation from Matthew Heskith (on behalf of the applicant).

Under the provisions of Council Procedure Rule 36(3) the Committee received a representation from Councillor Kath Pinnock (ward member).

RESOLVED –

Delegate approval of the application and the issuing of the decision notice to the Head of Planning and Development in order to:

1.     complete the list of conditions, including those contained within the report and the planning update, as set out below:

1. Three years to commence development.

2. Development to be carried out in accordance with the approved plans and specifications.

3. Material samples to be provided for approval.

4. Notwithstanding submitted details, plots 1 – 4 and 179 – 180 to be faced in natural stone.

5. Retaining wall materials to be submitted and approved.

6. Full technical landscaping strategy to be provided, to include assessment of avoiding potential tree impacts upon subterranean water infrastructure.

7. Technical details of street tree planting to be provided.

8. Construction Environmental Management Plan (C(E)MP).

9. Details of the Local Equipped Area of Play to be provided, approved, and implemented.

10. Acoustic Mitigation Measures to be implemented.

11. Details of Ventilation Systems, for units with acoustic mitigation, to be provided and implemented.

12. Parking spaces, both dwelling and visitor, to be provided.

13. Waste collection points for shared drives to be provided.

14. Details and implementation of improvements to x2 Zebra Crossings on Westgate.

15. Details of cycle storage, per unit, to be provided.

16. Phased delivery waste management strategy.

17. Construction Management Plan (CMP).

18. Development done in accordance with FRA climate change mitigation measures.

19. Watercourse assessment of Blacup Beck.

20. Drainage strategy details to be submitted and approved.

21. Flood routing details to be submitted and approved.

22. Temporary drainage arrangements during construction.

23. No development to commence until a strategy for the protection and/or diversion of public sewers, to include the provision of appropriate stand-off distances, has been submitted and24. Detail and provision of connection points onto PROW SPE/93/20 (Brick Street) and Quarry Road.

25. 1 EVCP per dwelling.

26. Development done in accordance with Dust Mitigation Measures.

27. Details of acoustic fencing for gardens to be provided and implemented.

28. Contaminated Land Investigation (Phase 2, Remediation, Validation stages).

29. Ecological Design Strategy (EDS) to be provided.

30. Construction Management Plan: Ecology (CMP: Ecology).

31. Invasive Species Protocol.

2.     Secure a section 106 agreement to cover the following matters:

a)    Affordable Housing: 9 First Homes and 3 Affordable Homes (6.6% of total units).

b)    Open space off-site contribution: £59,770.28.

c)     Metro enhancements: £33,000 towards bus stop improvements.

d)    Sustainable Travel: £10,000 towards travel plan monitoring.

e)    Biodiversity: £199,916 towards off-site measures to achieve biodiversity net gain, with alternative option to provide on-site or nearby provision if suitable scheme identified.

f)      Management and maintenance: POS, drainage (including culverts), and ecological features.

g) Viability Review Mechanism: An updated viability report to be provided to the LPA at 50% occupation, with additional Section 106 obligation to be provided in the event that a higher-than-expected profit is achieved

It was noted that the Committee requested that the funds allocated to obligations b,c and d above be redirected to Education Provision as per the relevant KC Education Consultation Response.

3.     In the circumstances where the Section 106 agreement has not been completed within three months of the date of the Committee’s resolution then the Head of Planning and Development shall consider whether permission should be refused on the grounds that the proposals are unacceptable in the absence of the mitigation and benefits that would have been secured and, if so, the Head of Planning and Development be authorised to determine the application and impose appropriate reasons for refusal under delegated powers.

A recorded vote was taken, in accordance with Council Procedure Rule 42(5), as follows:

For: Councillors Armer, Paul Davies, S Hall, Pattison, A Pinnock and Thompson (6 votes)

Against: (0 votes).