14/3948C/PDN1Fapcon(CE)/139

Neil Rose,1st Goostrey ScoutInterchange Place151-165 Edmund StreetBirminghamB3 2TA

Development Management PO Box 606

Municipal BuildingsEarle Street

CreweCW1 9HP

email: planning@cheshireeast.gov.uk

DECISION NOTICEApplication No: 14/3948C

TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED)

Particulars of DevelopmentA Hybrid planning application for the demolitoin of existing youth facility and the erection of new youth facility and outline planning for a detached dwelling with all matters reserved.

LocationLand to the East of 218 Main Road, Goostrey

for Goostrey Parish Council

In pursuance of its powers under the above Act, the Council hereby GRANTS planning permission for the above development in accordance with the application and accompanying plans submitted by you subject to compliance with the conditions specified hereunder, for the reasons indicated:

The development hereby approved for the proposed Youth Centre Building 1.shall commence within three years of the date of this permission.

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by S51 of the Planning and Compulsory Purchase Act 2004.

The development hereby approved for the proposed dwelling shall 2.commence before whichever is the later of the following dates:

(a) within three years of the date of this permission, or

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(b) within two years of approval of the last of the reserved matters to be approved.

Reason: To comply with the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004.

Application for approval of reserved matters for the proposed dwelling shall 3.be made within three years of the date of this permission.

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

Application for approval of the details of the access, appearance, 4.landscaping, layout and scale (the reserved matters) for the proposed dwelling shall be obtained from the Local Planning Authority in writing before any development is commenced on the proposed dwelling.

Reason: This is an outline planning permission with these matters reserved for subsequent consideration.

The development hereby approved for the proposed Youth Centre Building 5.shall be carried out in total accordance with the approved plans numbered ‘A02-001’, ‘A03-001’ and ‘A04-001’ received by the Local Planning Authority on 28/08/2014.

Reason: For the avoidance of doubt and to specify the plans to which the permission / consent relates.

No development or other operations shall commence on site until a scheme 6.(hereinafter called the approved protection scheme) which provides for the retention and protection of trees, shrubs and hedges growing on or adjacent to the site including trees which are the subject of a Tree Preservation Order currently in force has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in complete accordance with the approved protection scheme, which shall be in place prior to the commencement of work. The approved protection scheme shall be retained intact for the full duration of the development hereby permitted and shall not be removed without the prior written permission of the local planning authority.

Reason: To protect existing trees and other vegetation in the interests of visual amenity, and to comply with Policy GR1 of the adopted Congleton Borough Local Plan First Review (2005).

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The hedges surrounding the application site shall be retained intact for the 7.full duration of the development hereby permitted and shall not be removed without the prior written permission of the Local Planning Authority.

Reason: In the interests of visual amenity and to comply with Policy GR1 of the adopted Congleton Borough Local Plan First Review.

The Youth Centre hereby permitted shall not be brought into use until the 8.provision of four parking spaces have been constructed in accordance with details shown on drawing no. ‘A03-001’. These areas shall be reserved exclusively for the parking and turning of vehicles and shall not be obstructed in any way.

Reason: In the interests of highway safety and to comply with Policy GR9 of the adopted Congleton Borough Local Plan First Review.

No development shall commence until a desktop assessment to identify and 9.evaluate all potential sources and impacts of land and/or groundwater contamination affecting the site has been carried out by a suitably qualified person and submitted to the Local Planning Authority.

If following examination of the desk top assessment, the Local Planning Authority is of the opinion that there is the potential for contamination of the site by substances and/or landfill gas, in on or under the land or from sites in close proximity to the site in question, then a full investigation shall be carried out by a suitably qualified person to ascertain the nature and extent of contamination together with a detailed Method Statement which shall specify:

(i) the precise form of any remediation works; and

(ii) arrangements for the supervision and monitoring of the remediation works, which shall require a minimum of 3 days notice to be given to the Council's Scientific Officer prior to the works commencing.

The Method Statement shall be submitted to and approved in writing by the Local Planning Authority prior to any remediation works commencing. No development shall commence until the remediation works have been completed in accordance with the approved scheme and the Local Authority has confirmed the completion in writing.

Reason: In the interests of public safety and the future occupants of the site and to comply with Policy GR7 of the adopted Congleton Borough Local Plan First Review

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Hours of construction/demolition shall be restricted to the following times:10.

Monday - Friday 08.00 - 18.00Saturday 08.00 - 13.00Sunday NilBank Holidays Nil

Reason: To protect the amenities of neighbouring properties and to comply with Policies GR1 and GR6 of the adopted Congleton Borough Local Plan First Review.

Should the development hereby permitted require a piling foundation system 11.then construction shall be restricted to the following times:

Monday - Friday 09.00 - 17.00Saturday NilSunday NilBank Holidays Nil

Reason: To protect the amenities of neighbouring properties and to comply with Policies GR1 and GR6 of the adopted Congleton Borough Local Plan First Review.

No development for each phase of development shall commence until details 12.of the positions, design, materials and type of boundary treatment to be erected have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details.

Reason: In the interests of privacy and visual amenity, and to comply with Policies GR1 and GR2 of the adopted Congleton Borough Local Plan First Review 2005.

Prior to the removal of any vegetation or the demolition or conversion of 13.buildings between 1st March and 31st August in any year, a detailed survey shall be carried out to check for nesting birds. Where nests are found in any building, hedgerow, tree or scrub or other habitat to be removed (or converted or demolished in the case of buildings), a 4m exclusion zone shall be left around the nest until breeding is complete. Completion of nesting shall be confirmed by a suitably qualified person and a further report submitted to and approved in writing by the Local Planning Authority before any further works within the exclusion zone take place.

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Reason: To safeguard protected species in accordance with the NPPF and Policies NR3 of the Congleton Borough Local Plan First Review.

Prior to the commencement of development detailed proposals for the 14.incorporation of features into the scheme suitable for use by breeding birds shall be submitted to and approved in writing by the Local Planning Authority. The approved features shall be permanently installed prior to the first occupation of the development hereby permitted and thereafter retained, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard protected species in accordance with the NPPF and Policies NR3 of the Congleton Borough Local Plan First Review.

INFORMATIVE: The Local Planning Authority (LPA), in reaching this decision, has followed the guidance in paragraphs 186 and 187 of the National Planning Policy Framework. The Framework advises that the LPA should work proactively with applicants to secure developments that improve the economic, social and environmental conditions of the area.

INFORMATIVE: Prior to first development the developer will enter into and sign a Section 184 Agreement under the Highways Act 1980 and provide a new vehicular crossing over the adopted footpath/verge in accordance with Cheshire East Council specification. The developer should contact: CEHSouth@cheshireeasthighways.org

Please Note: This decision notice does not convey any approval or consent which may be required under any enactment, bye-laws, order or regulation other than Section 57 of the Town and Country Planning Act 1990.

This consent is granted subject to conditions and it is the owner(s) and the person(s) responsible for the implementation of the development who will be fully responsible for their compliance throughout the development and beyond. A fee is payable to us for the discharge of conditions. Please see our Website for details. If there is a condition that requires work to be carried out or details to be approved prior to the commencement of the development this is called a "condition precedent". The following should be noted with regards to conditions precedent:(a) If a condition precedent is not complied with, the whole of the development will be unauthorised and you may be liable to enforcement action.(b) Where a condition precedent is breached and the development is unauthorised, the only way to rectify the development is the submission of a new application.

Other conditions on this permission must also be complied with. Failure to comply

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with any condition may render the owner(s) and the person(s) responsible for the implementation of the development liable to enforcement action.

This permission is granted in strict accordance with the approved plans. It should be noted however that:(a) Any variation from the approved plans following commencement of the development, irrespective of the degree of variation, will constitute unauthorised development and may be liable to enforcement action.(b) Variation to the approved plans will require the submission of a new planning application.

Dated: 30 October 2014

Signed

Authorised Officer forCheshire East Borough Council