Agenda and minutes

To receive any apologies for absence.

Councillors P Edwards, C G Thorley, J Macrae (afternoon session)

To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests and for Members to declare if they have a pre-determination in respect of any item on the agenda.

Councillor Rachel Bailey declared a personal interest in respect of application number 11/2818N on the following grounds:

• that she knew both the applicant and landowner and they were neither a close friend nor acquaintance.

• Combermere Abbey, which is a wedding venue, and the Council’s Registry Office both fall within her Portfolio

• As the Council’s Heritage Champion, she had discussed the Abbey as a Cabinet Member, but had not promoted or advocated this enablement scheme in any way

• As the Ward Member for the area she had heard the scheme discussed at Parish Council meetings and had directed interested parties to Council policy and the English Heritage website.  She had not formed or expressed a definite view, one way or the other

• she was a governor at Sound School and if the application was approved, there was a recommendation for an education contribution to the school.

In accordance with the code of conduct, Councillor Bailey remained in the meeting during consideration of these items.

During the course of the debate Councillor Bailey also declared a personal interest in application number 11/2818N on the grounds that she was a member of the Burleydam Trustees and had been involved in the arrangements for a Jubilee Event to be held at Combermere Abbey.

To approve the minutes of the meetings held on 18^th January 2012 as a correct record.

RESOLVED

That the minutes of the meeting held on 18^th January 2012 be approved as a correct record and signed by the Chairman, subject to the following amendment:

Minute 103 - 11/4242W – Cheshire East Council, London Road, Lyme Green SK11 0JX: Works Associated with the Construction and Operation of a Waste Transfer Station for Cheshire East Council.

Add to resolution: - “That a letter be sent from the Chairman to the Chief Executive and the Leader of Cheshire East Council and copied to all Members of the Strategic Planning Board expressing concern that groundworks had commenced without planning permission.”

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

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 Planning Committee 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 planning application.

Councillor P Findlow (Ward Councillor), Councillor T Jackson (on behalf of Prestbury Parish Council), Mrs B Moffitt (on behalf of The Prestbury Amenity Society), Ms S Ehlinger (solicitor on behalf of James Cartwright – an objector) and Peter Defigueiredo (a supporter) attended the meeting and addressed the Committee on this matter

The Committee considered a report regarding the above planning application, a written update and an oral report of the site inspection.

RESOLVED

That the application be APPROVED subject to:

(a) the following conditions:

1. The development and / or works to which this consent relates shall commence within three years of the date of this consent.
   
   
2. The development/works hereby permitted shall be carried out in accordance with the revised plans, received by the Borough Council on 31.03.11, numbered M1891.01D, M1891.02 A, M1891.03 A, M1891.04 A, 7077(04) 001 B, 7077(04) 002 C, 7077(04) 003 B, 7077(04) 004, 7077 (05) 002C, 7077(05) 003 A, 7077(05) 001 D, 7077(06) 001 D, 7077(06) 002 A, 7077(06) 003 A and the location plan numbered 7077(01) 000 received by the Council on 12.08.10.
   
   
3. No development involving the use of any facing or roofing materials shall take place until details of all such materials have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details.
   
   
4. The material and colour of all rainwater goods shall be in cast iron, painted black.
   
   
5. The roof of the proposed development shall be covered in grey Slate to match the hall and shall be retained in such a form thereafter.
   
   
6. All of the windows in the original Hall elevations shall be fabricated in timber and shall be retained in such a form thereafter.
   
   
7. Prior to the installation of any fenestration as part of the development hereby approved, drawings indicating details of all windows and external doors, including cross sections of glazing bars, to a scale of not less than 1:20 shall be submitted to and approved in writing by the Local Planning Authority. The details which are approved  shall be carried out in full and shall be retained in accordance with the approved details thereafter.
   
   
8. All garage doors shall be constructed in timber, vertically boarded and shall be retained in such a form thereafter.
   
   
9. Prior to the commencement of the development a schedule showing the retention and protection of the Jacobean staircase during building works shall be submitted to and approved in writing by the Local Planning Authority.
   
   
10. No new plumbing, pipes, soil stacks, flues, vents, ductwork grilles, security alarms, lighting, cameras or other fixtures shall be attached to the external faces of the building other than those shown on the approved drawings or otherwise first approved in writing by the Local Planning Authority.
    
    
11. Prior to the commencement of development, a method statement shall be submitted to and approved in writing by the Local Planning Authority.  This shall demonstrate a means of ensuring the safety and structural stability of the building throughout the period of the approved works to  ...  view the full minutes text for item 110.

To consider the above planning application.

Councillor J Batho (on behalf of Newhall Parish Council), Mr S Graham (an objector), Mrs S Callender Beckett (a supporter) and Mr T McAteer (on behalf of the agent) attended the meeting and addressed the Committee on this matter.

The Committee considered a report regarding the above planning application, a written update and an oral report of the site inspection.

RESOLVED

That the application be DEFERRED to enable officers to provide the following:

• Further information with respect to alternative sites
• Further information with respect to highways works
• Further information with respect to a new access scheme
• Further information with respect to affordable housing

Following consideration of this item, the meeting was adjourned at 2.40 pm and re-convened at 3.20 pm.

Prior to consideration of the following items, Councillor J Macrae left the meeting and did not return.

To consider the above planning application.

This application was withdrawn prior to the meeting.

To consider the above planning application.

Mr S Plowman (on behalf of the agent) attended the meeting and addressed the Committee on this matter.

The Committee considered a report regarding the above planning application and a written update.

RESOLVED

That the application be APPROVED subject to the following conditions and the requisite notices being served on additional landowners and no further comments being received:

1.      Time limit

2.      Development in accordance with the approved plans

3.      At least seven days prior written notice of the commencement of development shall be given to the Local Planning Authority

4.      All importation of waste and movement and grading of materials on site shall be completed within 12 months of the date of commencement of the development.

5.      All site restoration works including removal of the temporary access road shall be completed within 12 months of the completion of the development

6.      Prior to the commencement of development, a plan showing the protection of the habitats associated with the adjacent watercourse and a 10m buffer zone thereof, including pre-development measures, shall be submitted to and approved in writing by the LPA.  The protection plan shall include an appropriate scale plan showing the area where protective measures will be installed and details of protective measures to avoid impacts during the operational and restoration period

7.      Prior to the commencement of development, a scheme for the restoration of the habitats associated with the sloping area of land on the southern portion of the site following the completion of the development shall be submitted to and approved in writing by the LPA.  The scheme shall conform to the indicative proposals recommended in the Updated Phase 1 Habitat Survey dated December 2011.  The restoration plan shall be implemented in accordance with an agreed schedule of works and completed within 3 months of the completion of the development excluding the other required restoration works

8.      Prior to the commencement of development, an updated Badger survey shall be undertaken of the site and all land within 30m of the site boundary.  The survey shall be undertaken by a competent and appropriately qualified person and a report of the survey, together with any mitigation proposals required shall be submitted to and agreed in writing with the LPA

9.      The stripping, movement, replacement and cultivation of topsoil shall only be carried out when the material to be moved is sufficiently dry and friable to minimise structural damage.  No movement of soils shall occur:

                                 I.            During the months of October to April inclusive, unless otherwise agreed in writing with the LPA; or

                               II.            When the upper 1200mm of the soil has a moisture content which is equal or greater than that at which soilbecomes plastic, tested in accordance with the ‘worm test’ as set out in BS 1377: 1975 – British Soil Methods Test for Soils for Civic Engineering purposes, or when the topsoil is not sufficiently dry that it cannot be separated from the subsoil without difficulty; or

                              III.            When there are pools of water on the  ...  view the full minutes text for item 113.

To consider the above planning application.

Mr I Hilliker (on behalf of the applicant) attended the meeting and addressed the Committee on this matter

The Committee considered a report regarding the above planning application and a written update.

RESOLVED

That the application be DELEGATED to the Development Management and Building Control Manager in consultation with the Chair of the Strategic Planning Board for further negotiation regarding the affordable housing provision/S106 contribution. The application is to be APPROVED subject to final negotiations and a prior appropriate S106 Agreement securing:

• Affordable housing – the number and tenure split of the affordable housing will be no less that 19.7% (53 units in total) comprising at least 65% (34 units) affordable rent and 35% shared ownership (19 units).
• The shortfall of £44,332 which arises in lieu of the renewable energy compliance measure subsidy shall be used either to provide an additional affordable housing unit or to increase the following obligations as appropriate.
• A contribution towards local education provision of £466,390.
• The provision of a LEAP, Public Open Space and footway/cycle link which should be retained in perpetuity and a scheme of management.
• A commuted payment towards canalside/PROW improvements (£117,748).
• An Interim Residential travel plan in accordance with DfT guidance document.
• A commuted sum for the necessary Traffic Regulation Orders, local traffic management orders and bus stops (£44,000).

And the following conditions:

1. Standard time – 3 years.
2. Materials to be submitted to the LPA and approved in writing.
3. Submission of a landscaping scheme to be approved in writing by the LPA.
4. Implementation of the approved landscaping scheme.
5. No trees to be removed without the prior written consent of the LPA.
6. Boundary treatment details to be submitted to the LPA and approved in writing.
7. Remove PD Rights for extensions and alterations to the approved dwellings.
8. If protected species are discovered during construction works, works shall stop and an ecologist shall be contacted.
9. Prior to any commencement of works between 1^st Marc and 31^st August in any year, a detailed survey is required to check for nesting birds.
10. Prior to the commencement of development the applicant to submit detailed proposals for the incorporation of features into the scheme suitable for use by breeding birds.
11. The proposed development to proceed in accordance with the recommendation made by the submitted Badger survey report and method statement dated October 2011.
12. The development hereby permitted shall not be commenced until such time as a scheme to limit the surface water run-off generated by the proposed development, has been submitted to and approved in writing by, the Local Planning Authority.
13. 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.
14. Acoustic mitigation measures to be submitted and agreed.
15. The hours of construction shall be limited to 08:00-18:00 Monday to Friday, 09:00-14:00 Saturday and not at all on Sundays or Bank Holidays.
16. Any piling works shall be  ...  view the full minutes text for item 114.

To consider the above planning application.

The Committee considered a report regarding the above planning application.

RESOLVED

That the application be APPROVED subject to the following conditions:

1. Within one month of the date of this permission a scheme for the reinstatement of the watercourse banks and a timetable for implementation shall be submitted to and agreed in writing by the local planning authority.  Thereafter the development shall be implemented in accordance with the approved details.
2. Within one month of the date of this permission a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority.
3. The hours of construction/operation of the development (and associated deliveries to the site) shall be restricted to: Monday-Friday 08:00 to 18:00 hrs, Saturday 09:00 to 14:00 hrs, Sundays and Public Holidays nil.
4. The proposed development to proceed in accordance with the recommendation made by the submitted Badger survey report and method statement dated November 2011.
5. Compliance with the detailed method statement setting out measures to minimise the risk of contaminated materials entering the watercourse and canal, along with full details of the methods for working in close proximity and up to the edge of the watercourse.
6. The remedial scheme shall be carried out in full accordance with original remedial scheme provided under application 07/0912/OUT and addenda provided under this application.  These details shall not be varied without the prior written consent of the Local Planning Authority.
7. A Site Completion Report detailing the conclusions and actions taken at each stage of the works, including validation works, shall be submitted to, and approved in writing by, the LPA prior to the first occupation of any part of the development hereby approved.

To note the appeals performance for 2011

The Committee considered a summary of appeal decisions.

RESOLVED

That the appeal summaries be noted.