Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors Mrs R Bailey and B Murphy.

In the interest of openness in respect of application 14/5721C, Councillor J Hammond declared that he had attended a number of briefings with the agents, Officers, Ward Councillors and Parish Councillors in respect of the application but had not comments on or discussed the proposals.

In the interest of openness in respect of application 14/5111C, Councillor J Hammond declared that he was a Director of ANSA Waste Services Ltd, however the application site was not owned by Cheshire East Council.

In the interest of openness in respect of application14/5489W, Councillor J Hammond declared he was a Director of ANSA Waste Services Ltd who used the application site.  Whilst he had not been involved in any discussions regarding the proposals as a Director he felt it was appropriate to leave the room during consideration of the application.

In the interest of openness in respect of item 13, Kents Green Farm, Kents Green Lane, Haslington, Councillor J Hammond declared that he was a Member of Haslington Parish Council who had been consulted on the application, however he had not made any comments in respect of the proposals.

In the interest of openness in respect of application14/4025N, Councillor D Brickhill declared that he had attended a number of briefings with the agents, Officers, Ward Councillors and Parish Councillors in respect of the application but had not comments on or discussed the proposals.

In the interest of openness in respect of application 14/5721C, Councillor D Brickhill declared that an allegation had been made by a member of public in respect of the fact that the Fire Authority should  have commented on the proposals, as a result he had asked a representative from the Fire Authority to attend the meeting and make comment.  He had discussed the suggestion to do this with Council Officers.

In the interest of openness in respect of applications 14/5721C and 14/5726C, Councillor P Edwards declared that he was a Member of Middlewich Town Council, however he had not expressed a view on either of the applications.

RESOLVED

That the minutes of the meeting 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 individuals/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.

Consideration was given to the above application.

(Parish Councillor John Cornell, Vice Chairman of Weston & Basford Parish Council and Matthew Stafford, 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 verbal update to Board, the application be delegated for approval to the Head of Planning (Regeneration) in consultation with the Chairman of the Strategic Planning Board and Ward Councillors subject to a revised Ecological update, the completion of a Section 106 Agreement securing the following:-

•           £2,000,000 towards the delivery of the Crewe Green. Link Road and the A5020 Weston Gate Roundabout improvement

•           £2,450,000 towards the improvement of Strategic Highways Infrastructure (Crewe Green Corridor and/ or A500 improvements)

•           £345,000 to support a new bus service to the development.

•           £325,000 to deliver pedestrian and cycleway improvements along the A523 Weston Road links to the railway station or towards a new cycleway / pedestrian crossing of the Crewe Green Link Road.

•           £80,000 to contribute towards a scheme of traffic management / calming measures in the Village of Weston.

•           The provision of land at no cost to the council within the applicants control for the future widening (Dualling) of the A500 along with any necessary temporary land (working space) required for the delivery of these improvements.

•           The provision of an alternative agricultural access off the new spur road.

•           £1 568 000 to primary education.  Contributions towards education with a level, fully serviced and uncontaminated site provided.

•           Provision of a minimum of 15% affordable housing – subject to review of sales values during the life of the development.

•     Provision of public open space to be transferred to a Management Company in perpetuity

And subject to the following conditions:-

1.         A02HA             -  Construction of access

2.         A04HA             -  Vehicular visibility at access to be approved

3.         A32HA             -  Submission of construction method statement

4.         Standard outline (Phased)

5.         Standard outline (Phased)

6.         Development to be carried out in accordance with the approved Flood Risk Assessment

7.         Limiting the surface water run-off

8.         The layout for the proposed development to be designed to contain the risk of flooding from overland flow during severe rainfall events

9.         A scheme to dispose of foul and surface water

10.       Submission, approval and implementation of an Environmental Management Plan

11.       Submission, approval and implementation of low emission strategy

12.       Submission and approval of an updated Phase II investigation and implementation of any necessary mitigation

13.       Submission, approval and implementation of location, height, design, and luminance of any proposed lighting

14.       Submission, approval and implementation of a detailed noise mitigation scheme with the full application.

15.       Submission, approval and implementation of a scheme of odour / noise control for the restaurant/public house.

16.       Submission, approval and implementation of travel plan

17.       Submission, approval and implementation of electric car charging points

18.       A detailed landscape scheme should be submitted for approval prior to commencement on  ...  view the full minutes text for item 132.

To consider the above application.

Consideration was given to the above application.

(Mr Harris, the agent for the applicant attended the meeting and spoke in respect of the application.  In addition a statement was summarised by the Head of Planning (Regulation) on behalf of Councillor B Silvester, the Ward Councillor).

RESOLVED

That the application be refused for the following reasons:-

1.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 Willaston and Nantwich and adversely effect the visual character of the landscape 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.

2.         The proposal would involve the permanent loss of best and most versatile agricultural land. The NPPF states that local planning authorities should seek to use areas of poorer quality land in preference to that of a higher quality. Together with the reasons stated above this would significantly and demonstrably outweigh the benefits of the scheme notwithstanding a shortfall in housing land supply. The proposed development is contrary to Policy NE.12 of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and Paragraph 112 of the NPPF.

3.         The Transport Assessment submitted as part of this application does not include an assessment of the cumulative impact of other committed development within this area. The Transport Assessment also includes a number of errors in relation to traffic generation which fall 17% below the correct figure when submitted trip rates are taken into account. As such it is not possible to conclude whether the development would have a severe highways impact or to identify any mitigation which may be required. As such the development would be contrary to the NPPF and Policy BE.3 (Access and Parking) of the Borough of Crewe and Nantwich Replacement Local Plan 2011.

In order to give proper effect to the Board`s intentions and without changing the substance of the decision, authority is delegated to the Head of Planning (Strategy), in consultation with the Chairman (or in his absence the Vice Chairman) of Strategic Planning Board, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

Should the application be subject to an appeal, the following Heads of Terms should be secured as part of any S106 Agreement:

1.         A scheme for the provision of 30% affordable housing – 65% to be provided as social rent/affordable rent with 35% intermediate tenure. The scheme shall include:

- The numbers, type, tenure 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  ...  view the full minutes text for item 133.

To consider the above application.

Consideration was given to the above application.

(Councillor L Gilbert, the adjacent ward Councillor and Parish Councillor Andrew Lindsay, representing Brereton Parish Council attended the meeting and spoke in respect of the application).

RESOLVED

That the application be refused for the following reasons:-

1.         The proposal is an unsustainable form of development as it is located within the Open Countryside and is contrary to Policies PS8 and H6 of the Congleton Borough Adopted Local Plan First Review 2005 and the principles of the National Planning Policy Framework.

2.         The proposed development would result in a harmful encroachment into the open countryside. The development would adversely impact upon the landscape character and does not respect or enhance the landscape when viewed from the local footpath network. The proposed development is therefore contrary to Policies GR1 and GR5 of the Congleton Borough Adopted Local Plan First Review and guidance contained within the NPPF.

3.         The proposed development is unlikely to function or operate in a sustainable manner, taking account of the predicted generation of vehicular traffic and the sites location relative to local services, facilities and public transport connections. The proposal is therefore contrary to local and national planning policies that seek to promote sustainable development, in particular paragraphs 7, 14 and 34 of the NPPF.

4.         Insufficient information has been submitted with the application in order to assess adequately the impact of the proposed development on the surrounding road network. In the absence of this information, it has not been possible to demonstrate that the proposal would not result in a severe impact on the surrounding road network and would comply with relevant national policy guidance and Development Plan policies relating to highway safety.

5.         The Local Planning Authority considers that the scale of the proposed development would be premature following the publication consultation draft of the Brereton Neighbourhood Plan. As such allowing this development would prejudice the outcome of the neighbourhood plan-making process and would be contrary to guidance contained at Paragraph 216 of the NPPF and guidance contained within the NPPG.

6.         The proposal is contrary to Policy PG2 of the Cheshire East Local Plan Strategy Submission Version March 2014. The site is located in the parish of Brereton which is identified as an 'other settlement and rural area' for the purposes of this policy where growth should be confined to small scale infill, change of use or conversions or affordable housing developments. The proposed development is of a significant scale which does not reflect the function and character of Brereton and is therefore contrary to the principles of Policy PG2.

Should the application be subject to an appeal, the details regarding the

Section 106 Agreement and the conditions should be delegated to the Head

of Planning (Regeneration) in consultation with the Chairman of the Strategic

Planning Board and Ward Councillors.

In order to give proper effect to the Board`s intentions and without changing

the substance of the decision, authority is delegated to the Head of Planning

(Regeneration), in  ...  view the full minutes text for item 134.

To consider the above application.

Consideration was given to the above application.

(Mike Dines, 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 written update to Board, the application be approved subject to the following conditions:-

1.         Commencement

2.         Approved plans

3.         Materials to be as detailed in the application

4.         Submission of details of foul and surface water drainage

5.         Unloading of heavy goods vehicles only within the processing building

6.         Hours of operation, including loading and unloading of vehicles restricted to 7am to 7pm Monday to Friday, 8am to 2pm Saturday with no working on Sundays or Public Holidays.

7.         Compliance with the mitigation measures in the Noise Impact Assessment

8.         Within 1 month of the development coming into use the submission of a Sound Attenuation Validation Test being completed and the results submitted to the LPA. Should specified noise levels have not been achieved a further scheme of works shall be submitted

9.         An Operational Noise Management Plan/Scheme shall be available on site for inspection upon request by the LPA.

10.       Submission of details of external lighting

11.       Submission of details of any piling

12.       Submission of details of floor floating

13.       Submission of contamination land survey

14.       Submission of Construction Management Plan

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 Head of Planning (Strategy) 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.

To consider the above application.

Consideration was given to the above application.

RESOLVED

That the application be approved subject to the Deed of Variation to the existing Section 106 Planning Obligation securing the same obligations as 10/0692W namely:

-           diversion and maintenance in perpetuity Fowle Brook;

-           long-term management of the restored nature conservation area on Cell 9a for a period of 15 years following the restoration of Cell 9a

-           monitoring and maintenance of the leachate control system;

-           monitoring the generation and extraction of landfill gas;

-           Heavy Goods Vehicle routing; and

-           Maintenance and management of a length of Maw Green Road.

And

Subject to the imposition of planning conditions in respect of:

-           All the conditions attached to permission 10/0692W unless amended by those below;

-           Revised restoration plan;

-           Revised phasing plan and associated phasing conditions;

-           Revised pre-settlement contours, and associated contouring conditions;

-           Extension of time to 31st December 2027 with interim restoration of the site within 12 months or no later than 31st December 2028

-           Landscape and ecological management plan

-           Provision of ecological mitigation measures

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 Head of Planning (Regeneration) 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 Committee’s decision.

Should this application be the subject of an appeal, authority be delegated to the Head of Planning (Regeneration) 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.

Consideration was given to the above application.

RESOLVED

That for the reasons set out in the report and in the verbal update to Board, the application be delegated for approval to the Head of Planning (Regeneration) in consultation with the Chairman of the Strategic Planning Board subject to the receipt of any outstanding comments from the relevant consultees and subject to the following conditions:-

1.         A05RM             -  Time limit following approval of reserved matters

2.         A02RM             -  To comply with outline permission

3.         A01AP             -  Development in accord with approved plans

4.         A04LS             -  Landscaping (implementation)

5.         Submission of method statement including levels details for landscape works to West of public footpath

6.         Submission of Cross section of pond

7.         Submission of details to the entrance gate

(Prior to consideration of the following application, Councillor Mrs L Smetham left the meeting and did not return).

To consider the above application.

Consideration was given to the above application.

(Councillor M Parsons, the Ward Councillor, Councillor L Gilbert, a visiting Councillor, Bob Moody, an objector, Mr Burridge, representing the Fire Authority and Dawn Taylor, representing the applicant attended the meeting and spoke in respect of the application.  In addition a statement was read out by the Head of Planning(Regeneration) on behalf of Councillor S McGrory, the Ward Councillor).

RESOLVED

That for the reasons set out in the report and in the verbal update to Board, 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.         A01HP             -  Provision of car parking

4.         A02EX             -  Submission of samples of building materials

5.         A02HA             -  Construction of access

6.         A05BC             -  Details of means of support

7.         A07BC             -  Materials to match existing building

8.         A10EX             -  Rainwater goods

9.         A17EX             -  Specification of window design / style

10.       A21EX             -  Roof lights set flush

11.       Maximum duration of stay (4 weeks)

12.       The site shall not be occupied by any persons other than gypsies and travellers as defined in Annex A of Planning Policy for Traveller Sites

13.       No fences, gates, or walls other than those expressly authorised by this permission shall be constructed.

14.       No more than 2 caravans per pitch

15.       Details of foul and surface water drainage to be submitted

16.       No commercial activities shall take place on the land, other than those within the approved office space

17.       Breeding birds survey to be submitted

18.       Features for use by breeding birds including house sparrow, starling  and barn owls

19.       Habitat management plan to be submitted

20.       Submission of method  statement for conversion of the barn

21.       Submission of noise management plan (to include fence along western boundary)

22.       Submission of landscape details

23.       Implementation of landscape scheme

24.       The development shall be carried out in accordance with the tree protection details and recommendations made within the submitted arboricultural report.

25.       Details of refuse facilities to be submitted

26.       The development shall be carried out in accordance with the recommendations made by the submitted Bat Survey Report

27.       Submission of updated badger survey, impact assessment and mitigation proposals

28.       Submission of a detailed reptile mitigation strategy

29.       The proposed development shall be carried out in accordance with the recommendations of the submitted Great Crested Newt report

(The meeting adjourned for a short break.  Councillor Mrs J Jackson left the meeting and did not return).

To consider the above application.

Consideration was given to the above application.

(Councillor M Parsons, the Ward Councillor, Councillor L gilbert, a visiting Councillor and Bob Moody, 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 a verbal update to Board, the application be approved subject to the following conditions:-

1.         A07LB             -  Standard Time Limit

2.         A01AP             -  Development in accord with approved plans

3.         A02EX             -  Submission of samples of building materials

4.         A05BC             -  Details of means of support

5.         A07BC             -  Materials to match existing building

6.         A10EX             -  Rainwater goods

7.         A17EX             -  Specification of window design / style

8.         A21EX             -  Roof lights set flush

9.         Submission of Method Statement for conversion of the barn

To consider the above report.

Consideration was given to the above report.

RESOLVED

That for the reasons set out in the report , the Head of Planning (Regulation) be instructed not to contest the housing supply issue at the forthcoming appeal.  It was agreed therefore that the appeal be contested on the following grounds:-

The proposed residential development is unsustainable because it is located within the Open Countryside, contrary to Policies NE2 (Open Countryside) and RES5 (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 creates harm to interests of acknowledged importance.

Prior to the close of the meeting the Chairman thanked those Members not standing for re-election for their work on the Board and wished them all the best for the future.