Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillor Mrs J Jackson.

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests and for Members to declare if they have a pre-determination in respect of any item on the agenda.

In the interest of openness in respect of application 13/2746C, Councillor J Hammond declared that he was a member of the Cheshire Wildlife Trust who had been consulted on the application, however he had not made any comments in respect of the application.

In the interest of openness in respect of application 13/3449C, Councillor P Edwards declared that he was a member of Middlewich Town Council and whilst he had attended a presentation held by the developer he had not made any comments on the application.

In the interest of openness in respect of application 13/4121C, Councillor D Hough declared that he was a member of the Co-Op, a member of Alsager Town Council and a member of the Alsager Partnership.

In the interest of openness in respect of applications 12/3948C and 14/0043C, Councillor D Brown declared that he was a member of the Local Transport Body.

It was noted that Members had received correspondence in relation to a number of applications on the agenda.

To approve the minutes as a correct record.

RESOLVED

That the minutes of the meeting held on 5 March 2014 be approved as a correct record and signed by the Chairman.

A total period of 5 minutes is allocated for each of the planning applications for the Ward Councillors who are not members of the Strategic Planning Board.

A period of 3 minutes is allocated for each of the planning applications for the following individual/groups:

• Members who are not members of the Strategic Planning Board and are not the Ward Member
• The relevant Town/Parish Council
• Local Representative Groups/Civic Society
• Objectors
• Supporters
• Applicants

RESOLVED

That the public speaking procedure be noted.

To consider the above application.

(During consideration of the application, Councillor C Thorley arrived to the meeting, however he did not take part in the debate or vote on the application).

Consideration was given to the above application.

(Councillor S Corcoran, the Ward Councillor, Paul Smith, an objector, Paul Williams, an objector and Stephen Stoney, the agent for the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That the application be deferred for reassessment of the viability and review of the whole strategic site.

(This decision was contrary to the Officer’s recommendation of approval).

(Prior to consideration of the following application, Councillor P Mason arrived to the meeting and Councillor S Wilkinson left the meeting and did not return).

To consider the above application.

Consideration was given to the above application.

(Councillor Sam Corcoran, the Ward Councillor and Richard Pettitt, representing the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That for the reasons set out in the report the application be approved subject to the following conditions:-

1.     A03FP      -  Commencement of development (3 years)                                                                                                                                                                                                                          

2.     A01AP      -  Development in accord with approved plans                                                                                                                                                                                                                      

3.     A01LS      -  Landscaping - submission of details                                                                                                                                                                                                                            

4.     A04LS      -  Landscaping (implementation)                                                                                                                                                                                                                                  

5.     Design and construction details to be submitted                                                                                                                                                                                                                

6.     Scheme to limit the surface water runoff  to be submitted                                                                                                                                                                                                      

7.     Scheme to manage the risk of flooding from overland flow of surface water to be submitted                                                                                                                                                                      

8.     Environmental Management Plan to be submitted                                                                                                                                                                                                                  

9.     Breeding birds survey to be submitted

(The meeting adjourned for lunch from 1.25pm until 2.00pm).

To consider the above application.

Consideration was given to the above application.

(Parish Councillor Alan Holder, representing Moston Parish Council and Patrick Downes, the agent for the applicant attended the meeting and spoke in respect of the application.  In addition a statement was read out by the Principal Planning Officer on behalf of Councillor S McGrory, the Ward Councillor).

RESOLVED

That for the reasons set out in the report and in the written update to Board the application be approved subject to the completion of a Section 106 Agreement securing the following:-

1.               A contribution towards playing pitch improvements at Sutton Lane £220,000 (Sum to be paid prior to the commencement of development)

2.               A contribution towards Middlewich Eastern Bypass of £4,780,000. If the MEB is not delivered the sum will be spent on the following highway/sustainability measures: Bus Service/Facility Improvements; Town Bridge – Signal Junction Improvements; Cycle Lanes -Towpath: Middlewich to Glebe Farm; Cycle Lanes -Carriageway Modification: Middlewich to Glebe Farm; and Cycle Lanes -Towpath: Glebe Farm to Elworth. The sum is to be submitted prior to the commencement of development.

3.               A scheme for the provision of 10% affordable housing all to be affordable rent. The scheme shall include:

- The numbers, type and location on the site of the affordable housing provision

- The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing

- The arrangements for the transfer of the affordable housing to an affordable housing provider or the management of the affordable housing if no Registered Social Landlord is involved

- The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

- The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

4. Provision of Public Open Space, a NEAP and LEAP to be maintained by a private management company

And subject to the following conditions:-

1.     Standard Outline

2.     Submission of Reserved Matters

3.     Time limit for submission of reserved matters

4.     Approved Plans

5.     Hours of construction limited to 08:00 to 18:00 Monday to Friday, 09:00 – 14:00 Saturday and not at all on Sundays and Bank Holidays

6.     Pile driving limited to 08:30 to 17:30 Monday to Friday, 09:00 – 13:00 Saturday and not at all on Sundays

7.     Prior to the commencement of development a Phase I Contaminated Land Assessment shall be submitted to the LPA for approval in writing.

8.     Details of external lighting to be submitted and approved

9.     Dust control measures to be submitted and approved

10. Prior to the development commencing, an Environmental Management Plan shall be submitted and agreed by the planning authority.

11. A scheme for the acoustic enclosure of any fans, compressors or other equipment for the proposed retail store

12. A detailed scheme of glazing, ventilation mitigation measures and acoustic screening fences, should therefore be prepared and  ...  view the full minutes text for item 201.

To consider the above application.

This application was withdrawn by the Officer prior to the meeting.

To consider the above application.

This application was withdrawn by the Officer prior to the meeting.

To consider the above application.

Consideration was given to the above application.

(Parish Councillor Geoff Bell, representing Somerford Parish Council, Nigel Buckley, representing SPRAG (Somerford Parish Residents Action Group), Helen Borough, an objector and David Stentiford, the agent for the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That for the reasons set out in the report and in the written and oral update to Board the application be referred to the Secretary of State under the terms of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 with a recommendation that the application be approved subject to the completion of a Section 106 Agreement securing the following:-

•         30% of the dwellings to be affordable.

•         The tenure split of the affordable housing required is 25% social or affordable rent, 75% intermediate tenure.

•         Affordable Homes should be pepper-potted (in clusters is acceptable)

25% of the affordable dwellings to be built to meet Lifetime Homes standards, and these properties should be bungalows, maisonettes or adaptable houses. The affordable dwellings should be built to meet Code for Sustainable Homes Level 3.

•         The affordable homes to be provided no later than occupation of 50% of the market dwellings unless the development is phased, in which case 80% of the market dwellings can be occupied.

•         Provision of a LEAP with 5 pieces of equipment specification to be submitted and agreed and in accordance with that set out in the Greenspaces Officer consultation response.

Management plan for  all open space in perpetuity (including, inter alia, the LEAP, allotments if provided, woodland, general amenity openspace, village green, nature conservation area, drainage areas, ponds and any other areas of incidental open space not within private gardens or the adopted highway).

•         Commuted sum of £55, 610 to be used to deliver off-site habitat creation/enhancement as per the report

Commuted sum of £165,405 in lieu of primary education

Commuted Sum of £145,000 towards Quality  Bus  Stop Infrastructure and improvements to service frequency and the provision of additional bus service and frequency to serve this development and the local area.

Commuted Sum of £755,000 -

- for the widening of the West Road/A34 roundabout western arm

                    - for design fees associated with the widening of the West Rd roundabout western arm.

                    - for the upgrade and necessary alterations to the existing signalised pedestrian crossing on the western arm approach to the West Rd roundabout.

                    - Contribution to the provision of a MOVA system upgrade at the signalised junction at Rood Hill/A34.

Or other measures eg link road that will provide similar congestion relief benefits to the A34 corridor through Congleton

And subject to the following conditions:-

1.       Standard Outline

2.       Submission of reserved matters – all except access

3.       Plans

4.       Development to be in accordance with Parameters Plan (p49 Design and Access Statement)

5.       Submission of design and construction plans for the internal road infrastructure of the development. The plans will inform the Section 38 agreement for formal adoption

6        Submission  ...  view the full minutes text for item 204.

To consider the above application.

Consideration was given to the above application.

(Ian Cowap, an objector attended the meeting and spoke in respect of the application.  In addition a statement was read out by the Interim Planning & Place Shaping Manager on behalf of Councillor B Silvester, the Ward Councillor).

RESOLVED

That the Board be minded to refuse the application for the following reasons:-

1.     The proposed residential development is unsustainable because it is located within the Open Countryside contrary to Policies NE.2 (Open Countryside), NE.12 (Agricultural Land Quality) and RES.5 (Housing in the Open Countryside) of the Crewe and Nantwich Replacement Local Plan, Policy PG5 of the emerging Cheshire East Local Plan Strategy – Submission Version and the principles of the National Planning Policy Framework, which seek to ensure development is directed to the right location and open countryside is protected from inappropriate development and maintained for future generations enjoyment and use. As such it and creates harm to interests of acknowledged importance. The Local Planning Authority can demonstrate a 5 year supply of housing land in accordance with the National Planning Policy Framework and consequently, there are no material circumstances to indicate that permission should be granted contrary to the development plan.

2.     The proposal would result in loss of the best and most versatile agricultural land and given that the Authority can demonstrate a housing land supply in excess of 5 years, the applicant has failed to demonstrate that there is a need for the development, which could not be accommodated elsewhere. The use of the best and most versatile agricultural land is unsustainable and contrary to Policy NE.12 of the Borough of Crewe and Nantwich Replacement Local plan 2011 and the provisions of the National Planning Policy Framework.

3.     In the opinion of the Local Planning Authority, the proposed development would cause a significant erosion of the Green Gap between the built up areas of Willsaton and Rope which would significantly and demonstrably outweigh the benefits of the scheme notwithstanding a shortfall in housing land supply. The development is therefore contrary to Policy NE4 (Green Gaps) of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and guidance contained within the NPPF.

In the event of any changes being needed to the wording of the Board’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 Interim Planning and Place Shaping Manager has delegated authority to do so in consultation with the Chairman of the Strategic Planning Board, provided that the changes do not exceed the substantive nature of the Board’s decision.

Should this application be the subject of an appeal, authority be delegated to the Interim Planning and Place Shaping Manager in consultation with the Chairman of the Strategic Planning Board to enter into a planning agreement in accordance with the S106 Town and Country Planning Act to secure the Heads of Terms for a S106 Agreement.

To consider the above application.

(During consideration of the application, Councillor C Thorley left the meeting and returned.  He did not take part in the debate or vote on the application).

Consideration was given to the above application.

(Councillor R Fletcher, the Ward Councillor, Town Councillor Derek Longhurst, representing Alsager Town Council, Honorary Alderman Derek Bould, representing ARAG. (Alsager Residents Action Group), Mr Stephen Hughes, an objector, Sue Helliwell, a supporter, Gwen Bailey, a Supporter and Joanne Hawley, representing the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That for the reasons set out in the report and in the update to Board the application be referred to the Secretary of State with a recommendation to approve subject to the completion of a Section 106 Agreement securing the following:-

-     £5,000 Travel Plan Monitoring

-     £25,000 for the upgrade of two local bus stops to quality partnership standards sum to be paid prior to commencement of development

-     £198,000 for the provision of the agreed new bus service for the site sum to be paid prior to commencement of development

-     £30,000 for identified local traffic management issue sum to be paid prior to commencement of development

And subject to the following conditions:-

1.   Standard Time – 3 years

2.   Approved Plans

3.   Prior to the commencement of development details of existing and proposed land levels to be submitted to the LPA for approval in writing

4.   The development hereby permitted shall not be commenced until such time as; a scheme to limit the surface water runoff generated by the proposed development, has been submitted to and approved in writing by the local planning authority.  

5.   The development hereby permitted shall not be commenced until such time as; a scheme to manage the risk of flooding from overland flow of surface water, has been submitted to and approved in writing by the local planning authority

6.   The development hereby permitted shall not be commenced until such time as a scheme to install underground tanks associated with the petrol filling station has been submitted to, and approved in writing by, the local planning authority.
The scheme shall include the full structural details of the installation, including details of: excavation, the tanks, tank surround, associated pipework and monitoring system. The scheme shall be fully implemented and subsequently maintained, in accordance with the scheme, or any changes as may subsequently be agreed, in writing, by the local planning authority.

7.   The development hereby permitted shall not be commenced until such time as a scheme to dispose of surface water has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.

8.   If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination  ...  view the full minutes text for item 206.

To consider the above application.

(During consideration of the application, Councillor J Wray left the meeting and returned.  He did not take part in the debate or vote on the application.  Councillors Mrs R Bailey and P Hoyland also left the meeting but did not return).

(Caroline Simpson, the agent for the applicant and Ian Harrison representing the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That the decision be delegated to the Interim Planning and Place Shaping Manager in consultation with the Chairman of the Board subject to the following conditions:-

1. Materials to be submitted to and approved by the LPA

2. Materials as per application with exception of Hanson ‘Harvest Village Multi’ – which is not approved

4. Landscaping Implementation

5. Ecological Mitigation to be as per submitted Great Crested and Reptile Mitigation Strategy and timetable

6. Hours of construction /piling in accordance with EHO requirements

7. Details of the foundations to be submitted and approved.

In the event of any chances being needed to the wording of the Board’s decision (such as to delete, vary or addition conditions / informatives / planning obligations or reasons for approval / refusal) prior to the decision being issued, the Interim Planning and Place Shaping Manager, in consultation with the Chairman of the Strategic Planning Board is delegated the authority to do so, provided that he does not exceed the substantive nature of the Board’s decision.

To consider the above application.

Consideration was given to the above proposal.

(Martin Millmore, the agent for the applicant attended the meeting and spoke in respect of the proposal.  In addition a statement was read out by the Interim Planning and Place Shaping Manager on behalf of Councillor Mrs H Gaddum, the Ward Councillor).

RESOLVED

That for the reasons set out in the report and in the written update to Board the Interim Planning and Place Shaping Manager be authorised to:

·      Issue a letter of refusal for the postponement request detailed and seek a full periodic review. 

·      Engage Counsel in the event that any claim for Judicial Review arising from the refusal is pursued.

To consider the above application.

Consideration was given to the above application.

(Councillor D Brickhill, the Ward Councillor, Councillor D Marren, a neighbouring Ward Council and Parish Councillor William McIntyre, representing Shavington-cum-Gresty Parish Council attended the meeting and spoke in respect of the application).

RESOLVED

That the Board be minded to refuse the application for the following reason:-

The Local Planning Authority considers that the proposed development is unsustainable due to the traffic impact of the development, which would have a severe impact on the local road network when considered with the cumulative impact from the approved developments in the area. The proposed development is contrary to paragraph 32 of the National Planning Policy Framework and Policies BE3 (Access) and BE.5 (Infrastructure) of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and Policy CO4 (Travel Plans and Transport Assessments) of the Local Plan Strategy Submission Version.