Agenda and minutes

To receive any apologies for absence.

In the interest of openness in respect of application 12/4067M, Councillor B Murphy declared that he lived close to the application site, but was not affected visually by the application.

During consideration of the same application, in the interest of openness, Councillor H Davenport declared he was a Member of Disley Parish Council, however he had taken no part in any discussions relating to the application.

Prior to consideration of application 12/3536C, Councillor J Wray declared a non-pecuniary interest by virtue of the fact that he knew the agent speaking on the application, as a result he left the meeting prior to consideration of the application.

During consideration of the same application, in the interest of openness, Councillor D Brown declared that he was a Member of Congleton Town Council, however he had not taken part in any discussions relating to the application.

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

Consideration was given to the above application.

(Paul Kuiper, an objector and Jason Boyd, the agent for the applicant attended the meeting and spoke in respect of the application.

RESOLVED

That the application be deferred to a future meeting of the Board in order to consider further detailed information in relation to the option concerning the use of the quarry as a possible storage site.

(This decision was contrary to the Officers recommendation of approval).

Consideration was given to the above application.

(Mr Conor Vallelly, the agent for the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That for the reasons in report and in the update report to Board the application be approved subject to a further s106 Agreement, supplemental to the s106 Agreement which accompanied the outline permission. This supplemental agreement shall secure the following:

1.    In respect of affordable housing

(a)  30% provision / 67 dwellings comprising

(b)  the 57 x 3-bed houses and 10 x 2-bed houses shown on BHWL125/05

(c)  split by tenure 65:35 i.e. 44 social/affordable rent and 23 shared ownership

(d)  to be completed and transferred to a Registered Provider before more than 50% of the open market dwellings are occupied (within each phase if the development is to be constructed in more than one phase)

(e)  designed to be visually indistinguishable from open market dwellings of similar size within the site and constructed in accordance with the standards proposed to be adopted by the Homes and Communities Agency and achieve at least Code for Sustainable Homes Level 3

(f)   at a price discounted from open market value which will enable the Registered Provider to charge a target/affordable rent for the rented dwellings and to sell/lease the intermediate dwellings as shared ownership

(g)  prioritising the recycling of any affordable subsidy released after exercise of a tenant`s right to acquire rented dwellings or staircasing of shared ownership dwellings for the provision of affordable housing within Holmes Chapel then Cheshire East.

(h)  reserving nomination rights and eligibility criteria based on housing need and  a prioritised local connection cascade for (i) Holmes Chapel (ii) the Congleton Local Area Partnership wards – Dane Valley, Brereton Rural, Sandbach Town, Sandbach Heath and East, Sandbach Ettiley Heath and Wheelock, Sandbach Elworth, Middlewich, Alsager, Odd Rode, Congleton West and Congleton East (iii) Cheshire East

(i)    allowing mortgagee protection clauses for charges of the Registered Provider and, on standard HCA terms, for mortgagees of shared ownership dwellings allowing, with the prior consent of the Strategic Housing Manager, variation of plots and dwelling-types identified, types of intermediate tenures, alternative HCA products, temporary waiver of eligibility criteria on expiry of reasonable timescales, provided that the overall numbers and tenure splits of the affordable housing are retained.

2. In respect of Public Open Space

(a)  Provision of Amenity Greenspace as shown on planning layout drawing no. BHWL125/01 REV E

(b)  2x Locally Equipped Areas of Play

(c)  To be completed and made available for public use in perpetuity in accordance with a specification to be approved by the LPA and transferred to a local residents management company prior to the occupation of 50% of the dwellings for each phase at nominal consideration

(d)  in accordance with a management & maintenance plan / schedule  to be approved by the LPA before being first brought into use

(e)  maintenance and management plan / schedule shall be in force for the lifetime of the  ...  view the full minutes text for item 123.

Consideration was given to the above application.

(Councillor D Topping, the Ward Councillor, Town Councillor Paul Bates, representing Congleton Town Council, Mr Light, representing SLATE (Stony Lane Action Team), John Saville Crowther, an objector and Russell Adams, the agent for the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That the application be refused for the following reasons:-

1. The development would create new residential development in the Open Countryside and is therefore not in compliance with Policies PS8 and H6 of the adopted Congleton Borough Local Plan First Review 2005.

2. The development would have an adverse impact on Badger habitat contrary to the requirements of Policies NR3 and NR5 of the adopted Congleton Borough Local Plan First Review 2005.

3. The development would have an adverse impact on highway safety contrary to the requirements of Policy GR9 of the adopted Congleton Borough Local Plan First Review 2005.

(This decision was contrary to the Officers recommendation of one of approval).

To consider the above report.

(This item was considered after item no.10 which in turn was considered after application 12/3240W).

Consideration was given to the above report.

RESOLVED

That the Board approve a Deed of Variation for the S106 Agreement attached to planning permission 11/3956C to alter the location of the intermediate units on the site as set out in the report.

(The meeting was adjourned for lunch from 12.50pm until 1.30pm).

To consider the above report.

(This item was considered after application 12/3240W.  During consideration of this item Councillor B Murphy left the meeting and did not return until the meeting was adjourned for lunch and Councillor D Newton left the meeting and returned during its consideration, however did not take part in the debate or vote on the item).

Consideration was given to the above report.

RESOLVED

Having taken into account an additional consultation response received from

theHealth and Safety Executive, that the previous resolution in respect of

application 12/0893C should still stand, with the addition of the following

condition:

·                     Properties to be of traditional brick construction and no more than 12m in height.