Agenda and minutes

Strategic Planning Board - Wednesday, 12th September, 2012 10.30 am

Venue: The Capesthorne Room - Town Hall, Macclesfield, SK10 1EA. View directions

Contact: Sarah Baxter  Democratic Services Officer

Items
No. Item

50.

Apologies for Absence pdf icon PDF 215 KB

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Councillors D Hough and C Thorley.

51.

Declarations of Interest/Pre Determination

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.

Minutes:

In the interest of openness in relation to application 12/2082M, Councillor H Davenport declared that he was a member of Disley Parish Council but that he had not taken part in any discussions with the Parish Council in respect of the application and had not made comments on it.

 

With regard to the same application, in the interest of openness, Councillors Mrs J Jackson and G Walton declared that they were members of Cheshire Peaks and Plains Tourist Association Executive Committee who had been a consultee on the application.

 

With regard to the same application, in the interest of openness, Councillor J Hammond declared that he was a member of the National Trust who had been a consultee on the application.

 

In the interest of openness in relation to applications 12/2685C, 12/0883C and 12/2584C, Councillor J Hammond declared that he was a Member of Cheshire Wildlife Trust who had been a consultee on the applications.

 

With regard to the same 3 applications, in the interest of openness, Councillor P Edwards declared that he was a Member of Middlewich Town Council.

52.

Minutes of the Previous Meeting pdf icon PDF 123 KB

To approve the minutes as a correct record.

Minutes:

RESOLVED

 

That the minutes be approved as a correct record and signed by the Chairman subject to an amendment to condition no. 49 of minute no.42 to include reference to no construction traffic to park under Maw Lane railway bridge.

53.

Public Speaking

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

Minutes:

RESOLVED

 

That the public speaking procedure be noted.

54.

12/2685C-Outline application with some matters reserved for proposed residential development of up to 194 dwellings, site access, highway works, landscaping, open space and associated works, Land off Warmingham Lane, Middlewich for Gladman Developments Ltd pdf icon PDF 782 KB

To consider the above application.

Minutes:

Consideration was given to the above application.

 

RESOLVED

 

That for the reasons set out in the report and in the update to the Board, the applicationbe delegated to the Head of Development Management and Building Control in consultation with the Chairman of Strategic Planning Board and Councillor P Edwards, the Ward Councillor to APPROVE the application, subject to an agreement on the level of highways contribution for the traffic calming measures along Warmingham Lane and junction improvement works (Kinderton Street/Leadsmithy Street and Kinderton Street/King Street) a contribution for which will be secured via a S106 contribution and the completion of Section 106 legal agreement to secure the following:-

 

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 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.

2. The provision of a LEAP and Public Open Space to be maintained by a private management company

3. A commuted payment of £124,517 towards secondary school education

4. A highways contribution towards junction improvements (Kinderton Street/Leadsmithy Street and Kinderton Street/King Street). The applicant shall pay the full contribution for these works which shall be split on a pro-rata basis between Gladman and Bellway prior to the occupation of the site.

5. A highways contribution towards traffic calming along Warmingham Lane. The applicant shall pay the full contribution for these works which shall be split on a pro-rata basis between Gladman and Bellway prior to the occupation of the site.

6. A commuted payment towards highway improvements £25,350 for bus use

 

And subject to the following conditions

 

1.    Standard Outline

2.    Submission of Reserved Matters

3.    6 month time limit for the submission of the reserved matters

4.    Prior to the submission of any reserved matter application a detailed masterplan and design code shall be submitted to the LPA for approval in writing

5.    The framework plan is not approved as the spatial parameters of the scheme other than establishing the overall coverage

6.    Approved Plans

7.    No development shall take place within the area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved  ...  view the full minutes text for item 54.

55.

12/0883C-Outline Planning Application for Proposed Residential Development of Upto 194 Dwellings, Site Access, Highway, Landscaping, Open Space and Associated Works, Land off Warmingham Lane, Middlewich for Gladman Developments Limited pdf icon PDF 93 KB

To consider the above application.

Minutes:

Consideration was given to the above application.

 

RESOLVED

 

That for the reasons set out in the report and in the update to the Board, the applicationbe delegated to the Head of Development Management and Building Control in consultation with the Chairman of Strategic Planning Board and Councillor P Edwards, the Ward Councillor to APPROVE the application, subject to an agreement on the level of highways contribution for the traffic calming measures along Warmingham Lane and junction improvement works (Kinderton Street/Leadsmithy Street and Kinderton Street/King Street) a contribution for which will be secured via a S106 contribution and the completion of Section 106 legal agreement to secure the following:-

 

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 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.

2. The provision of a LEAP and Public Open Space to be maintained by a private management company

3. A commuted payment of £124,517 towards secondary school education

4. A highways contribution towards junction improvements (Kinderton Street/Leadsmithy Street and Kinderton Street/King Street). The applicant shall pay the full contribution for these works which shall be split on a pro-rata basis between Gladman and Bellway prior to the occupation of the site.

5. A highways contribution towards traffic calming along Warmingham Lane. The applicant shall pay the full contribution for these works which shall be split on a pro-rata basis between Gladman and Bellway prior to the occupation of the site.

6. A commuted payment towards highway improvements £25,350 for bus use

 

And subject to the following conditions

 

1.    Standard Outline

2.    Submission of Reserved Matters

3.    6 month time limit for the submission of the reserved matters

4.    Prior to the submission of any reserved matter application a detailed masterplan and design code shall be submitted to the LPA for approval in writing

5.    The framework plan is not approved as the spatial parameters of the scheme other than establishing the overall coverage

6.    Approved Plans

7.    No development shall take place within the area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved  ...  view the full minutes text for item 55.

56.

12/2584C-Full Planning Application for Erection of 149 Dwellings with Associated Access and Landscaping Arrangements Alongside a Newt Relocation Strategy, Land off Warmingham Lane, Middlewich for Bellway Homes pdf icon PDF 742 KB

To consider the above application.

Minutes:

Consideration was given to the above application.

 

(Mr Aritss, 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 the Board, The application be delegated to the Head of Development Management and Building Control in consultation with the Chaimanr of Strategic Planning Board and Councillor P Edwards, the Ward Councillor  to APPROVE the application, subject to an agreement on the level of highways contribution for the traffic calming measures along Warmingham Lane and junction improvement works (Kinderton Street/Leadsmithy Street and Kinderton Street/King Street) a contribution for which will be secured via a S106 contribution and the completion of Section 106 legal agreement to secure the following:-

 

1.            30% affordable housing – 65% to be provided as social rent/affordable rent with 35% intermediate tenure.

2. The provision of a LEAP and Public Open Space to be maintained by a private management company

3. A commuted payment of £295,728 towards secondary school education

4. A highways contribution towards junction improvements (Kinderton Street/Leadsmithy Street and Kinderton Street/King Street). The applicant shall pay the full contribution for these works which shall be split on a pro-rata basis between Gladman and Bellway prior to the occupation of the site.

5. A highways contribution towards traffic calming along Warmingham Lane. The applicant shall pay the full contribution for these works which shall be split on a pro-rata basis between Gladman and Bellway prior to the occupation of the site.

6. A commuted payment towards highway improvements £25,350 for bus use

 

And the following conditions

 

1.    Standard time limit 3 years

2.    Approved Plans

3.    No development shall take place within the area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority. The work shall be carried out strictly in accordance with the approved scheme.

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

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

6.    Prior to the commencement of development the applicant shall submit a method statement, to be approved by the Local Planning Authority

7.    The mitigation recommended in the noise report shall be implemented prior to the use of the development / first occupation.

8.    No development shall take place until a scheme to minimise dust emissions arising from construction activities on the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of all dust suppression measures and the methods to monitor emissions of dust arising from the development. The construction phase shall  ...  view the full minutes text for item 56.

57.

12/2082M-Change of use from Use Class C1 (Hotel) to Use Class C2 (Residential Institution), Moorside Hotel, Mudhurst Lane, Disley for Stardon (Moorside) Ltd pdf icon PDF 481 KB

To consider the above application.

Minutes:

Consideration was given to the above application.

 

(Parish Councillor Kidd, Chairman of Disley Parish Council and Dr Harrop, an objector 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 the Board, the application be approved subject to the following conditions:-

 

1.     A01BC      -  Change of use - no consent for alteration or extension                                                                                                                                                                                                         

2.     A03FP      -  Commencement of development (3 years)                                                                                                                                                                                                                          

3.     A04NC      -  Details of drainage to be submitted                                                                                                                                                                                                                           

4.     Submission of a scheme outlining noise mitigation measures                                                                                                                                                                                                     

5.     Limitation on use - Private hospital not permitted                                                                                                                                                                                                             

6.     Submission of amended travel plan to include the provision of a dedicated mini-bus service for use by staff, residents and visitors of the C2 operator.

 

(Prior to consideration of the folllowing item, Councillor D Brown arrived to the meeting).                                                                                                     

58.

12/1445N-Application To Remove Condition 11 Of Permission 7/904/0124, Condition 7 Of Permission 7/2006/Ccc1, Condition 7 Of Permission 7/2007/Ccc7 And Condition 7 Of Permission 7/2009/CCC1, Whittakers Green Farm, Pewit Lane, Bridgemere, Cheshire for Mr F H Rushton pdf icon PDF 395 KB

To consider the above application.

Minutes:

Consideration was given to the above application.

 

(Councillor Mrs J Clowes, the Ward Councillor, Parish Councillor Leighton, representing Doddington and District Parish Council, Mr Frodsham, an objector and Mr Schofield, an objector attended the meeting and spoke in respect of the application).

 

RESOLVED

 

That the application be deferred in order to asses the impact of the proposal on the PRoW and to asses the impact on the Grade II listed building.

 

(This was against the Officers recommendation of approval).

 

(During consideration of the application, Councillor Mrs J Jackson left the meeting and did not return).

 

(Prior to consideration of the following item, Councillor P Mason left the meeting and did not return.  Councillor Mrs R Bailey also left the meeting but returned during its consideration).

59.

Review of the Planning Protocol and the Public Speaking Protocol pdf icon PDF 68 KB

To consider the above report.

Additional documents:

Minutes:

(During consideration of the report, Councillors Mrs R Bailey and G Walton left the meeting and did not return).

 

Consideration was given to the above report.

 

Mrs S Dillon, the Council’s Legal Officer reported the following amendments to the report:-

 

1) That the reference to Audit and Governance Committee in paragraph 2.1 of the covering report be replaced with ‘Constitution Committee’.

 

2) That the words in paragraph 2.9 of the Planning Protocol ‘or could reasonably be perceived as having’ be deleted because perception would be dealt with in paragraph 2.10.

 

3) That following paragraph 2.9 a new paragraph be created as follows:-

 

2.10  If you foresee that prior involvement in a planning matter could give you an appearance of bias (to a fair-minded and informed observer), make it plain beforehand and again at the Planning Meeting that you will retain and have retained an open mind throughout and are going to take the final decision on planning merit. If the appearance of bias is so strong, in the circumstances, that an assurance will not be sufficient to rebut it, then you should declare an appearance of bias or predetermination and, unless you want to exercise public speaking rights, you should take no part in the item and, ideally, leave the room.

 

4) That the addition of the words ‘visiting Councillors to any of the three Planning Committees’ be inserted after the words ‘Southern Planning Committees’ in the first paragraph of the start of the Planning Protocol.

 

5) That in relation to the Public Speaking Protocol reference to Ward Councillors being allowed 3 minutes to speak should have been tracked in red.

 

Members made comments in respect of the following:-

 

1)    Whether the reminder to pass on lobbying correspondence should be strengthened.

2)    Whether the Members’ current discretion to stay in the public gallery or leave the room when they have pre determined an application should be strengthened so that all Members leave the room as a matter of course.

3)    Whether Members who have not attended the site visit should declare at the meeting that they know the application sufficiently well to take part in the decision.

4)    Whether or not the Ward Councillor time should be restricted to 3 or 5 minutes and whether or not visiting Councillors should be questioned by Members on either the Board or the two Planning Committees.

5)    Whether evidence should be presented to prove the existence of Local Representative Groups/Civic Societies.

6)    Whether or not paragraph 9.5 of the covering report should be worded in a stronger manner.

7)    In relation to paragraph 8.9 of the covering report the word ‘ever’ be replaced with the words ‘to never’.

 

RESOLVED

 

That the report be recommended for approval to the Constitution Committee subject to the amendments put forward by the Legal Officer and subject to the following amendments suggested by Members of the Board:-

 

1)    That in relation to the Public Speaking Protocol the provision requiring a copy of a Constitution outlined in paragraph 1.1  ...  view the full minutes text for item 59.