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Contact: Sarah Baxter Democratic Services Officer
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Apologies for Absence To receive any apologies for absence. Additional documents: Minutes: Apologies for absence were received from Councillors H Davenport, P Hoyland, P Mason and C Thorley.
Councillor Mrs R Bailey sent her apologies for the morning session of the meeting. |
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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 12/4146C, Councillor D Hough declared that he knew the Morris family who were the applicants and that he was a member of Alsager Town Council.
In the interest of openness in relation to agenda item 11 Brereton Neighbourhood Area Application, Councillor J Wray declared that he had an interest in Brereton as it fell within his Ward.
Councillor D Brown declared that he would take no part in item 11, Brereton Neighbourhood Area Application, as he was the Portfolio Holder responsible for approving the designation of Brereton Parish as a Neighbourhood Area. |
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Minutes of the Previous Two Meetings To approve the minutes of the previous two meetings as a correct record. Additional documents: Minutes: RESOLVED
That the minutes of the meeting held on 24 April 2013 be approved as a correct record and signed by the Chairman.
That the minutes of the meeting held on 1 May 2013 be approved as a correct record and signed by the Chairman subject to Minute No. 188 ‘Declarations of Interest/Pre Determination being amended to state that Councillor D Brickhill was a member of Hough and Chorlton Parish Council and subject to the declaration made by Councillor J Hammond being amended as follows:-
‘In the interest of openness, Councillor J Hammond declared that he was a member of Haslington Parish Council. Some of the sites being put forward for consultation were within or adjacent to the Parish but he had not been involved in any discussions relating to those sites’. |
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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:
Minutes: RESOLVED
That the public speaking procedure be noted. |
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To consider the above application. Minutes: Consideration was given to the above application.
(Councillor R Fletcher, the Ward Councillor, Honorary Alderman Derek Bould, representing Alsager Residents Action Group (ARAG) and Christine Peake, an objector attended the meeting and spoke in respect of the application).
RESOLVED
(A) That the application be refused for the following reasons:-
1. The proposed residential development is unsustainable because it is located within the Open Countryside, 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 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. The Local Planning Authority can demonstrate a 5 year supply of housing land supply in accordance with the National Planning Policy Framework, consequently the application is premature to the emerging Development Strategy since there are no material circumstances to indicate that permission should be granted contrary to the development plan.
2. Insufficient information has been submitted with the application to determine if the proposal would involve the removal of an “important” hedgerow as defined in the Hedgerow Regulations 1997. Policy NR3 of the adopted Congleton Borough Local Plan First Review, states that proposals for development that would result in the loss or damage to important hedgerows will only be allowed if there are overriding reasons for allowing the development. Therefore the scheme is contrary to Policy NR3 of the adopted Congleton Borough Local Plan First Review and guidance contained within the NPPF.
(B) In the event of any changes being needed to the wording of the Committee’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 Development Management and Building Control Manager 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.
(C) Should this application be the subject of an appeal, authority should be delegated to the Development Management and Building Control Manager 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.
(D) The Strategic Planning Board took account of local residents` concerns regarding impact of traffic from the proposed development upon Close Lane and Crewe Road but did not refuse the application on Highways grounds. If an appeal is submitted, the Development Management & Building Control Manager will make the Planning Inspector aware of local residents` representations regarding this issue. |
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To consider the above application. Minutes: Consideration was given to the above application.
(Councillor D Brickhill, the Ward Councillor, Parish Councillor Mrs G McIntyre, the Chairman of Shavington-cum-Gresty Parish Council, Penelope Housley, an objector and Andrew Taylor, representing the applicant attended the meeting and spoke in respect of the application)
RESOLVED
(A) That the application be refused for the following reasons:-
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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 oral update to Board, the application be approved subject to completion of a Section 106 Agreement comprising:-
· Contributions to offsite outdoor sport and recreation facilities · Provision of public open space · Submission of a site travel plan · Financial contribution for off site highways improvements at Earl Road / Stanley Road junction
And subject to the following conditions:-
1. A01AP - Development in accord with approved plans 2. A01OP - Submission of reserved matters 3. A02OP - Submission of reserved matters 4. A03OP - Time limit for submission of reserved matters 5. A04HP - Provision of cycle parking 6. A05HA - Pedestrian visibility at access (dimensions) 7. A05HP - Provision of shower, changing, locker and drying facilities 8. A06OP - Commencement of development 9. A07HA - No gates - new access 10. A09HP - Pedestrian visibility within car parks etc 11. A13HA - Construction of junction / highways 12. A21HA - Submission of details of turning facility 13. A30HA - Protection of highway from mud and debris 14. Access available for use before occupation 15. Maximum floor area of 9,500 sq m with upper limit of 80% B1a Use (offices) 16. No 3 storey development south of line parallel to to south elevation of M & S 17. No development shall exceed 12m and 3 storeysand no more than 30% of buidings on sites A and B shall be more than 2 storey 18. Reserved matters application to incorporate public right of way route, unless diverted/extinguished 19. Surface water regulation system 20. Additional landscaping to be provided on south and west boundaries of Site A 21. Habitat creation including mitigation if appropriate 22. Provision of measures to mitigate impact on badger set/habitat 23. Reserved matters to identify trees to be retained 24. Provision of signing/carriageway marking on Coppice Way/A34 25. Development to be carried out ina ccordance with FRA 26. 10% Renewable Energy 27. Protection of breeding birds 28. waste audit to be submitted
(The meeting adjourned for lunch at12.40pm until 1.30pm). |
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To consider the above report. Additional documents: Minutes: Consideration was given to the above report.
(Councillor D Topping the Ward Councillor, Town Councillor P bates, representing Congleton Town Council, Andrew Pear, representing Link2Prosperity, Derek White, an objector and Bill Davidson, the Agent for the applicant attended the meeting and spoke in respect of the application).
RESOLVED
(A) That for the reasons set out in the report the ‘Minded to Approve’ resolution of 5 December 2012 in respect of application 12/3025C be changed to one of being ‘Minded to Refuse’ and Officers be authorised to contest the Public Inquiry on the basis of the following:-
1. The proposal would be located within the Open Countryside, contrary to (i) Policies PS8 and H6 of the Congleton Borough Adopted Local Plan First Review 2005, which seek to ensure that only appropriate development in a rural area is allowed and (ii) the core principles of the NPPF which seek to protect the intrinsic character and beauty of the countryside. Moreover, the proposal would also result in a loss of Grade 3a Agricultural Land, contrary to Policy PS8 and H6 of the Congleton Borough Adopted Local Plan First Review 2005, which seek to protect such land from inappropriate use and ensure an adequate supply of agricultural land.
2. The Local Planning Authority can demonstrate a five year land supply of housing, in accordance with the requirements of the NPPF. Consequently, the Development Plan is up to date and there are no material circumstances to indicate that permission should be granted contrary to the Development Plan. As such the proposal is an unsustainable form of development, contrary to the ‘golden thread’ of the NPPF.
(B) Authority be delegated to the Development Management and Building Control Manager in consultation with the Chairman of the Strategic Planning Board to enter into a planning agreement in accordance with the Section 106 Planning Agreement in respect of this site for the following:-
Amenity green space contribution for on site provision
Maintenance: £11,352.00
Children and Young Person Provision
Enhanced Provision £8.790.72 Maintenance: £28,656.00
Education contribution in lieu of primary provision of £65,078 (base don 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 the Congleton Public Realm Strategy-£30,000 |
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To consider the above report. Additional documents: Minutes: Consideration was given to the above report.
(Bill Davidson, the Agent for the applicant attended the meeting and spoke in respect of the application).
RESOLVED
(A) That for the reasons set out in the report the ‘Minded to Approve’ resolution of 5 December 2012 in respect of application 12/3028C be changed to one of being ‘Minded to Refuse’ and Officers be authorised to contest the forthcoming Public Inquiry on the basis of the following:-
1. The proposal would be located within the Open Countryside, contrary to (i) Policies PS8 and H6 of the Congleton Borough Adopted Local Plan First Review 2005, which seek to ensure that only appropriate development in a rural area is allowed and (ii) the core principles of the NPPF which seek to protect the intrinsic character and beauty of the countryside. Moreover, the proposal would also result in a loss of Grade 3a Agricultural Land, contrary to Policy PS8 and H6 of the Congleton Borough Adopted Local Plan First Review 2005, which seek to protect such land from inappropriate use and ensure an adequate supply of agricultural land.
2. The Local Planning Authority can demonstrate a five year land supply of housing, in accordance with the requirements of the NPPF. Consequently, the Development Plan is up to date and there are no material circumstances to indicate that permission should be granted contrary to the Development Plan. As such the proposal is an unsustainable form of development, contrary to the ‘golden thread’ of the NPPF.
(B) Authority be delegated to the Development Management and Building Control Manager in consultation with the Chairman of the Strategic Planning Board to enter into a planning agreement in accordance with the Section 106 Planning Agreement for the following:-
Amenity green space contribution for on site provision
Maintenance: £11,352.00
Children and Young Person Provision
Enhanced Provision £8.790.72 Maintenance: £28,656.00
Education contribution in lieu of primary provision of £65,078 (base don 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 the Congleton Public Realm Strategy-£30,000 |
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Enforcement Review Progress To consider the above report. Minutes: Consideration was given to the above report.
RESOLVED
1. That the progress made by the Planning Enforcement Task & Finish Group be noted.
2. That the performance reporting measures outlined in paragraph 3.3 of the report, providing quarterly returns for the Strategic Planning Board and Northern and Southern Planning Committees be agreed. (Prior to consideration of the following item, Councillor Mrs R Bailey arrived to the meeting). |
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Brereton Neighbourhood Area Application To consider the Brereton Neighbourhood Area Application. Minutes: Consideration was given to the above report.
RESOLVED
That the item be deferred in order for a further report to be produced clarifying the implications of Neighbourhood Area Plans on the Council. |
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To consider the above report. Minutes: Consideration was given to the above report.
RESOLVED
The item was deferred in order for a revised report to be produced which further clarified the concerns regarding the current position in relation to the use of Substitutes.
(The following two items were considered after Minute No.197). |
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Exclusion of the Press and Public To consider passing a resolution under Section 100(A)(4) of the Local Government Act 1972 to exclude the public and press from the meeting for the following item(s) of business on the grounds that it involves the likely disclosure of exempt information in accordance with paragraph 5, pursuant to part 1 of Schedule 12 (A) of the Act. Minutes: Pursuant to Section 100B (2) of the Local Government Act 1972, the report relating to the remaining item on the agenda had been withheld from public circulation and deposit on the grounds that the matters may be determined with the public and press excluded.
It was moved and seconded, pursuant to Section 100A (4) of the Local Government Act 1972 that the public and press be excluded from the remaining item of the Board’s business on the grounds that the item involved the likely disclosure of exempt information as defined in Paragraph 5 of Part 1 of Schedule 12A to the Local Government Act 1972, as amended, and that the public interest would not be served in publishing the information, and it was:-
RESOLVED
That the press and public be excluded from the remainder of the meeting for the reasons given. |
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Update following the refusal of planning application 12/3329C,Land South of Old Mill Road, Sandbach To consider the above report. Minutes: Consideration was given to the above report.
(The Principal Planning Officer read out statements on behalf of the Ward Councillors, Mrs G Merry and B Moran).
On 5 December 2012 the Strategic Planning Board resolved to refuse planning application 12/3329C (out of centre retail development) for six reasons: retail impact & unsustainability, off-site highways impact, adverse impact upon Sandbach Wildlife Corridor, insufficient information regarding air quality, noise & odour, loss of open countryside, loss of best & most versatile agricultural land. In preparation for a forthcoming Planning Inquiry the appellant has submitted further reports regarding ecology, air quality, noise and odour which resolve the Council`s objections.
RESOLVED
That the Local Planning Authority`s objections to the proposed development on grounds of harm to Sandbach Wildlife Corridor (Refusal Reason 3) and to Amenity (Refusal Reason 4), contained in the refusal decision of 5December 2012, be withdrawn. |