Agenda and minutes

Apologies for absence were received from Councillors Mrs J Jackson, C Thorley and G Walton.

Councillor R Cartlidge acted as a Substitute for Councillor Mrs J Jackson.

In the interest of openness in relation to application 12/3937M, Councillor H Davenport declared that he and some other Members knew Mr Yates who was speaking as an objector.

In the interest of openness in relation to applications 12/3329C and 12/4115N, Councillor J Hammond declared that he was a member of Cheshire Wildlife trust who had been consulted on both of the applications.

That the minutes of the meeting held on 14 November 2012 be approved as a correct record and signed by the Chairman subject to the declaration made by Councillor J Hammond in relation to application number 12/1157N under Minute No.86 Declarations of Interest/Pre determination being amended to include reference to the fact that whilst he had attended briefings with the applicant, their agents, Officers and other Ward Members regarding the overall Basford East/ Basford West development sites he had given no opinion whatsoever on the merits of this specific application.

In addition there was a further amendment to the fourth bullet point of the Section 106 Agreement under Minute No.90 application number 12/3564N to include the following wording:-

‘The Section 106 Agreement a footpath be installed along Maw Lane from its junction with Clay Lane and the Skate Park Facility’.

(This item was considered after Minute No.105 in order for clarification of the amendments to be sought.  At this point Councillors D Brown and P Mason declared in the interest of openness that they were the Ward Members for applications 12/3025C and 12/3028C).

Consideration was given to the public speaking procedure.

RESOLVED

That the public speaking procedure be noted.

Consideration was given to the above application.

(Councillor S Corcoran, the Ward Councillor, Councillor B Moran, a neighbouring Ward Councillor, Councillor Mrs G Merry, a neighbouring Ward Councillor, Town Councillor Mrs C Lowe, representing Sandbach Town Council, Steve Allan, Chairman of StopOldMillQuarter Campaign and Mr Twemlow, the Planning Agent representing Waitrose who were objecting 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, that the application be refused for the following reasons:-

1.The proposed development relates to an out-of-centre retail development which fails tosatisfy the sequential test and does not satisfy the retail impact test of the NPPF (Para’s 24 & 26) andPolicy S2 (Shopping and Commercial Development Outside Town Centres). The proposed development is not considered to be sustainabledevelopment and would have a significant adverse impact upon Sandbach in terms of the impact upon the vitality and viability of the town centre. The proposed development is therefore not sustainable development and contrary to the guidance contained within the NPPF and Policies S2 (Shopping and Commercial Development Outside Town Centres) of the Congleton Borough Local Plan FirstReview (2005) which seek to promote competitive town centre environments.

2.The proposed access and improvements at the Old Mill Roundabout and the junction of The Hill/High Street/Old Mill Road would not mitigate the impact of the proposed development which is reliant on carborne trade. The development would result in increased congestion at these junctions which are already at capacity. As a result the transport impact of the development would be severe and the development is not considered to be sustainable development. The proposal is contrary to the NPPF and Policies GR9 (Accessibility, Servicing and Parking Provision) and GR18 (Traffic Generation) of the Congleton Borough Local Plan First Review (2005) which seek to maximise sustainable transport solutions.

3.Part of the application site is located within the Sandbach Wildlife Corridor and the proposed development would result in a significant loss of habitat within the wildlife corridor. The proposed development does not include any details mitigation to off-set this impact and as a result, the proposed development does not conserve and enhance biodiversity. Therefore the proposal would not be sustainable and would be contrary to the NPPF and Policy NR4 (Non-statutory sites) of the Congleton Borough Local Plan First Review (2005).

4.The Local Planning Authority considers that insufficient information has been submitted with this application in relation to the impact upon air quality, noise and odour. Without these assessments it is not possible to fully assess the impact of the development upon surrounding residential properties and as a result there is a potential detrimental impact upon residential amenity. Therefore the proposal is contrary to the NPPF and Policies GR1 (New Development) and GR6 (Amenity and Health) of the Congleton Borough Local Plan First Review (2005) which seek to contribute to conserve and enhance the natural environment and reduce pollution and protect residential amenity.

5.The proposed  ...  view the full minutes text for item 102.

Consideration was given to the above application.

(Parish Councillor John Cornell, the Vice Chairman of Weston & Basford Parish Council and Mrs Kate Boundy, 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 Board the application be approved subject to the following conditions:-

1.  Standard time 3 years

2.  Development to proceed in accordance with the approved plans

3.  Details of the diversion of PROW Basford FP1

4.  No development shall take place within the area indicated 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.

5.  Prior to the commencement of development a detailed tree felling/pruning specification shall be submitted to the LPA for approval in writing

6.  Prior to the commencement of development a detailed Arboricultural Method Statement shall be submitted and approved by the LPA

7.  Prior to the commencement of development a detailed Tree Protection Scheme shall be submitted and approved by the LPA

8.  Prior to the commencement of development a detailed Landscaping Scheme (including native species only) shall be submitted and approved by the LPA

9.  Implementation of the approved landscaping scheme

10.                      Prior to any development commencing a scheme stating the hours of construction shall be submitted to and approved in writing by the Local Planning Authority and shall be implemented in accordance with the approved details.

11.                      Prior to any such works taking place a scheme detailing method, timing and duration of any pile driving, bridge foundation and borrow pit operations connected with the construction of the development shall be submitted to and approved in writing by the Local Planning Authority and shall be implemented in accordance with the approved details. The details should include provisions for mitigation and liaison with residences that may be affected by noise or vibration.

12.                      Prior to the development commencing:

(a) An investigation and Risk Assessment shall be carried out to assess the potential risks from land contamination as defined in the supplied geo-environmental risk assessment.

(b) If such investigation and Risk Assessment identifies that remedial/protective measures are required, then a remedial/protection scheme shall be submitted to, and approved by, the Local Planning Authority (LPA) and shall be implemented.

(c) If remedial/protective measures are required, a Site Completion Statement detailing the remedial/protective measures incorporated shall be submitted to, and approved in writing by, the LPA in full prior to use of the development.

13. The duct mitigation measures outlined in the updated Air Quality section of the Environmental Impact Statement (Chapter 8) shall be implemented, monitored and enforced throughout the construction phase of the development.

14. Prior to undertaking any works between 1^st March and 31^st August in  ...  view the full minutes text for item 103.

(Councillor Mrs H Gaddum, the Ward Councillor and Mr P Yates, 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 Board the application be approved subject to the following conditions:-

1.    Development in accord with approved

2.    Materials as per application 

3.    Submission of a further revised landscaping scheme 

4.    Revised landscaping scheme to include detailed plans for boundary treatment 

5.    Landscaping (implementation for retrospective planning application) 

6.    Protection from noise during construction (hours of construction)

7.    Submission of construction method statement-Within 1 month of the date of this permission, a method statement shall be submitted to and approved in writing by the Local Planning Authority, which outlines where contractor’s vehicles will be parked.  Once approved, the scheme shall take immediate effect, and remain in effect until the development is complete.

8.    Tree protection and service / drainage shall be in accordance with Cheshire Woodlands tree protection plan CW/6610-P-TP (Rev1)

9.    Obscure glazing requirement - first floor window in the side (west) elevation 

       The first floor window in the west facing elevation serving the master bedroom & the first floor window in the east facing elevation serving the en suite bathroom shall be permanently obscurely glazed, prior to first  occupation, and retained thereafter.   Prior to the installation of such fenestration, a sample of the obscure glass shall be submitted to and approved in writing by the Local Planning Authority. The fenestration shall be installed in accordance with the approved sample.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that order with or without modification), no windows / dormer windows other than those expressly authorised by this permission shall be constructed. 

10.Removal of Permitted Development Rights 

Consideration was given to the above report.

RESOLVED

That for the reasons set out in the report the Board amend the previous resolution in respect of application P07/0639 to read:

The provision of on site open space and equipped children’s playspace in accordance with Policy RT.3 of the Local Plan with any shortfall in provision to be made up by way of a developer contribution in lieu of public open space calculated at £1000 per house (index linked),

Affordable housing provision, which shall include a requirement that:

35% affordable housing be provided, of which 100% shall be affordable rented

Details of phasing of development to include the provision of the affordable/market housing and the pedestrian / cycle link within the first phase.

A scheme of public art to be agreed for the site

(The meeting adjourned for lunch at 1.30pm and reconvened at 2.10pm).

Consideration was given to the above report.

RESOLVED

That for the reasons set out in the report and in the update to Board that the Authoritycontest the forthcoming Appeal against non-determination on the following basis:

1. In the opinion of the Local Planning Authority, the proposal will cause capacity problems at the High Street/Waterlode/Welsh Row signal junction. These adverse impacts would significantly and demonstrably outweigh the benefits of the proposal in terms of housing land supply, when assessed against the policies at paragraph 32 and 35 of the National Planning Policy Framework and would be contrary to Policy BE3 (Access and Parking) of the Borough of Crewe and Nantwich Replacement Local Plan 2011.

2. In the opinion of the Local Planning Authority, the proposal will cause danger to highway safety associated with the operation of the High Street/Waterlode/Welsh Row signal junction, particularly in respect pedestrians crossing the junction. These adverse impacts would significantly and demonstrably outweigh the benefits of the proposal in terms of housing land supply, when assessed against the policies at paragraph 32 and 35 of the National Planning Policy Framework and would be contrary to Policy BE3 (Access and Parking) of the Borough of Crewe and Nantwich Replacement Local Plan 2011.

3. In the opinion of the Local Planning Authority, the accessibility of the site is considered poor in that it considered that most workday trips will be car based. It is possible to improve the non-car mode accessibility and discussions have been undertaken to improve public transport access, although no improvements have been agreed to date. The proposal is therefore considered to be unsustainable and the adverse impacts granting planning permission would significantly and demonstrably outweigh the benefits of the proposal in terms of housing land supply, when assessed against the policies at paragraphs 30, 32, 34, and 35 of the National Planning Policy Framework and would be contrary to Policy BE3 (Access and Parking) of the Borough of Crewe and Nantwich Replacement Local Plan 2011.

4. The Proposed development represents a significant and substantial additional residential development on the periphery of Nantwich, which conflicts with Policy NE2 of the adopted Crewe & Nantwich Local Plan. Notwithstanding the provisions of paragraph 49 of the National Planning Policy Framework .the Development is of sufficient size that individually and cumulatively it conflicts with and undermines decisions regarding the scale, location and phasing of development contained within the Draft Cheshire East Local Plan Development Strategy. These adverse impacts would significantly and demonstrably outweigh the benefits of the proposal in terms of housing land supply, when assessed against the policies at paragraph 14 of the National Planning Policy Framework.

(At this point in proceedings in the interest of openness, Councillor Mrs R Bailey declared that she was a Governor of Reaseheath College).

(Prior to consideration of the following application, Councillors P Edwards and P Hoyland left the meeting and did not return).

Consideration was given to the above application.

(Councillor A Thwaite, the Ward Councillor, Town Councillor Amanda Martin, representing Congleton Town Council, Andrew Pear, representing Link2Prosperity, Mark Jones, an objector and Ken Whitaker, the Managing Director of Seddon Homes attended the meeting and spoke in respect of the application).

RESOLVED

For the reasons set out in the report and the update to Board the Board be minded to approve subject the completion of a S106 Agreement to secure the following:-

·         Amenity green space contribution  for on site provision:

                                  Maintenance:                £ 11,352.00

                                 Children and Young Persons Provision,

                                 Enhanced Provision:          £ 8,790.72

                                 Maintenance:                       £ 28, 656.00 

·                     Education Contribution in lieu of primary provision of  £65,078  (based on 40 units)

·               12 affordable units in total (or 30% of total), split as (65%) or 8 units  for social or affordable rent and  35% or 4 for intermediate tenure

·               Contribution to Public realm Strategy  (£30000)

And subject to the following conditions

1. Commencement – within 1 years of reserved matters

2. Submission of reserved matters (all matter other than access) within 18 months or 12 months after the last reserved matter (whichever is later)

3.  Plans

4. Tree and hedgerow protection measures

5. Arboricultural Method statement

6. Landscape maintenance and management

7. Boundary treatment to be submitted with reserved matters

8. Breeding Bird Survey for works in nesting season

9. Bats and bird boxes

10. Provision and management of at least a 5 metre wide buffer zone alongside the stream

11. Updated protected species survey and method statement prior to commencement

12. Submission of a scheme to limit the overland flow generated by the proposed development, 

13. Reserved matters to make provision for containing any such flooding within the site, to ensure that existing and new buildings are not affected and that safe access and egress is provided.

14. Submission of a scheme of Sustainable Urban Drainage

15. Submission of 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.

16. This site to be drained on a total separate system, with only foul drainage connected into the public foul sewerage system.

17. The reserved matters application submitted pursuant to this outline planning permission shall  provide a feasibly study, framework and schedule to improve pedestrian and cycling links between the site and Lamberts Lane

18. The hours of construction 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

19. Should there be a requirement to undertake foundation or other piling on site it is recommended that these operations are restricted to: Monday – Friday 08:30 – 17:30 hrs Saturday 09:30 – 13:00 hrs Sunday and Public Holidays Nil

20. Submission of scheme to minimise dust emissions arising from construction activities on the site

21. Submission of a Contaminated Land Phase II investigation.  ...  view the full minutes text for item 107.

Consideration was given to the above application.

(Councillor A Thwaite, the Ward Councillor, Town Councillor Denis Murphy, representing Congleton Town Council, Andrew Pear, representing Link2Prosperity, Derek White, an objector and Kate McClean, 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 update to Board the Board be minded to approve the application subjection to the completion of a S106 Agreement securing the following:-

·         Amenity green space contribution  for on site provision:

                                     Maintenance:             £ 11,352.00

                 Children and Young Persons Provision,

                                 Enhanced Provision:          £ 8,790.72

                                 Maintenance:                       £ 28, 656.00 

·                     Education Contribution in lieu of primary provision of  £65,078  (based on 40 units)

·               12 affordable units in total (or 30% of total), split as (65%) or 8 units     for social or affordable rent and  35% or 4 for intermediate tenure

·               Contribution to  Congleton Public Realm Strategy  of £30,000

And subject to the following conditions

1. Commencement – within 1 years of reserved matters

2. Submission of reserved matters (all matter other than access) within 18 months or 12 months after the last reserved matter (whichever is later)

3. Plans

4. Reserved matters to include design coding in accordance

5. Tree and hedgerow protection measures

6. Arboricultural Method statement

7. Landscape maintenance and management

8. Boundary treatments to be submitted with reserved matters

9. Reserved matters to make provision for habitat creation within indicative areas of open space

10. Breeding Bird Survey for works in nesting season

11. Bats and bird boxes

12. Updated badger survey and method statement prior to commencement

13. Reserved matters to include details of 10% renewable energy provision

14. Submission of a scheme to limit the surface water run-off generated by the proposed development, 

15. Reserved matters to make provision for containing any such flooding within the site, to ensure that existing and new buildings are not affected and that safe access and egress is provided.

16. Submission of a scheme of Sustainable Urban Drainage

17. Submission of 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.

18. This site must be drained on a  separate system, with only foul drainage connected into the public foul sewerage system.

19. The hours of construction 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

20. Should there be a requirement to undertake foundation or other piling on site it is recommended that these operations are restricted to: Monday – Friday 08:30 – 17:30 hrs Saturday 09:30 – 13:00 hrs Sunday and Public Holidays Nil

21. Submission of scheme to minimise dust emissions arising from construction activities on the site

22. Submission of a Contaminated Land Phase II investigation. 

23. Submission of Construction Management Plan

24. Right turn lane/Pedestrian refuge Canal Rd  ...  view the full minutes text for item 108.

This application was withdrawn from the agenda prior to the meeting.

(Prior to consideration of the following application, Councillors D brown and P Mason left the meeting and did not return).

Consideration was given to the above application.

(A statement on behalf of Councillor M Jones, the Ward Councillor was read out).

RESOLVED

That for the reasons in the report and in the update to Board the application be refused for the following reason:-

It is acknowledged that the site is poorly located in order to access shops, services and other community facilities and the site is located in an unsustainable location. Consequently, it is considered granting permanent planning permission for this site, which is not in a sustainable location will be in conflict with the aims and aspirations of the developing new Local Plan and guidance advocated in Policy RES.13 (Sites for Gypsies and Travelling Showpeople) and advice advocated within Planning Policy for Traveller Sites, the National Planning Policy Framework and the Councils Interim Strategy on Gypsy and Traveller Accommodation Needs.

RESOLVED-That the press and public be excluded from the meeting during consideration of the following item pursuant to Section 100(A) of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A of the Local Government Act 1972 and public interest would not be served in publishing the information.

RESOLVED - That the press and public be excluded from the meeting during consideration of the following items pursuant to Section 100(A) 4 of the Local Government Act 1972 on the grounds that they involved the likely disclosure of exempt information as defined in Paragraph 5 of Part 1 of Schedule 12A of the Local Government Act 1972 and public interest would not be served in publishing the information.

To consider the above report.

Consideration was given to the above report.

(Councillor Mrs J Clowes, the Ward Councillor attended the meeting and spoke in respect of the report).

RESOLVED

To approve the Officer’s recommendations as contained within the report.