Agenda and minutes

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.

In the interest of openness in relation to 10/1149W, Councillor J Hammond declared that he was a member of the Cheshire Wildlife Trust who were a consultee, however he had not made any comments on the application.

In the interest of openness in respect of application 13/3025N, Councillor J Hammond declared that he was a member of Haslington Parish Council who were a consultee, however he had not made any comments on the application.

To approve the minutes of the previous two meetings as a correct record.

RESOLVED

That the minutes of the meeting held on 26 September 2013 be approved as a correct record and signed by the Chairman.

That the minutes of the meeting held on 9 October 2013 be approved as a correct record and signed by the Chairman subject to an amendment to the declaration of interest made by Councillor J Hammond in respect of application 13/3025N to be amended to say that he was a Member of Haslington Parish Councli and not the Cheshire Wildlife Trust as incorrectly stated, however he had not commented on the application.

RESOLVED

That the public speaking procedure be noted.

This application was withdrawn from the agenda by Officers prior to the meeting.

(Prior to consideration of the following item, Councillor D Brown arrived to the meeting.  In addition the Head of Planning & Place Shaping gave a summary to Members regarding the recent Planning Inspector’s decisions on a number of appeals prior to consideration of the following item).

Consideration was given to the above application.

(Councillor D Bebbington, the Ward Councillor, Parish Councillor Horne, representing Minshull Vernon Parish Council and Gary Halman, the agent for the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That the for the reasons set out in the report and in the oral update to Board the application be approved subject to the completion of a Section 106 Agreement securing the following:-

1.     Provision of education contribution of £398,990

2.     Provision of £300,000 towards highway improvements to the Remer Street corridor and the provision of a drop-off lay-by at Leighton Primary School. (To include the provision for £200K for the layby to be requested after commencement)

3.     Provision of public open space including amenity greenspace and an equipped children's play area conforming to NEAP Standard, to include:

a.     A minimum of 8 pieces of equipment,

b.     1.4 metre high bowtop railing surround with two pedestrian access gates and a double leaf vehicular access gate.

c.     Railings to be painted green and pedestrian gates to be yellow.

d.     Equipment to be predominantly metal, inclusive, and conforming to BS EN 1176.

e.     Equipment to have wetpour safer surfacing underneath it, conforming to BS EN 1177.

f.      Surfacing between the wetpour to be tarmacadam with precast concrete edging surround.

g.     Access paths to gates to be tarmacadam

4.     Provision for future management of children’s play areas and amenity greenspace to include transfer to and future maintenance by a private management company in perpetuity.

5.     Provision of 10% of the 400 units proposed across the whole site as affordable housing in perpetuity with no front loading on Phase A.  The tenure split to be on a 25% social/affordable rent, 75% intermediate tenure basis. Phase B to include key worker housing to be agreed as part of subsequent reserved matters applications.

6.     Overage clause-Negotiation of detail to be delegated to the Head of Planning & Place Shaping Manager in consultation with the Chairman of the Strategic Planning Board)

7.     Travel Plan Monitoring Fee £5000

8.     Contribution of £25,000 for the provision of Green Infrastructure within Crewe and the environs of the site.

And subject to the following conditions:-

1.     Standard 3 year time limit (Phase A)

2.     Standard outline time limit (Phase B)

3.     Submission of reserved matters (Phase B)

4.     Plans

5.     Materials

6.     Boundary Treatment

7.     Landscaping submission

8.     Landscaping implementation

9.     Breeding bird survey to be carried out prior to commencement of any works during nesting season

10.Features for use by birds and bats

11.Habitat creation and management plan

12.Design of proposed pond

13.Design and layout of the proposed newt mitigation area including proposals to ensure no public access.

14.Submission of details of bin storage.

15.Archaeology investigation / report

16.Compliance with flood Risk Assessment

17.Restrict surface water run-off

18.Surface water attenuation

19.Minimum Floor Levels

20.Surface Water Regulation Scheme

21.Site to be drained on a separate system

22.Phase  ...  view the full minutes text for item 97.

Consideration was given to the above application.

(Councillor A Kolker, the Ward Councillor and Adele Snook, the agent for the applicant attended the meeting and spoke in respect of the application.  In addition a statement was read out by the Planning & Place Shaping Manager on behalf of Councillor L Gilbert, the Ward Councillor).

RESOLVED

That for the reasons set out in the report the application be approved subject to the completion of a Section 106 Agreement securing the following:-

·       30% affordable housing (24no. units), split on the basis of 65% social rent and 35% intermediate tenure as per the requirements of the interim planning statement.

·       Provision for a management company to maintain the on-site Amenity Space and LEAP in perputuity

·       £100,000 Highways contributions towards traffic management in Holmes Chapel and Provision of Toucan Pelican Crossing on Middlewich Road

·       Provision of Bus Stop/s on Middlewich Road

·       Commuted Sum towards ecological offsetting to be agreed

·       The need for education contributions (currently zero) be recalculated at Reserved Matters stage and any contribution to be made accordingly

And subject to the following conditions:-

1.       Standard Outline Time limit – 3 years

2.       Submission of Reserved Matters

3.       Amended / Approved Plans

4.       Submission of an Environmental Management Plan

5.       Hours of construction to be limited

6.       Details of pile driving operations to be limited

7.       Submission of details of bin storage

8.       Details of drainage (SUDS) to be submitted

9.       Scheme to limit surface water runoff and overland flow

10.   Only foul drainage to be connected to sewer

11.   Retention of important trees

12.   Tree and hedgerow protection measures

13.   Arboricultural Specification/Method statement

14.   Landscape scheme to include replacement native hedgerow planting and boundary treatments

15.   Implementation of landscaping scheme

16.   Timing of the works and details of mitigation measures to ensure that the development would not have a detrimental impact upon breeding birds.

17.   Jodrell Bank Electromagnetic screening measures

18.   Implementation of a programme of archaeological work in accordance with a written scheme of investigation to be submitted

In the event of any chances being needed to the wording of the Board’s decision (such as to delete, vary or add addition conditions / informatives / planning obligations or reasons for approval / refusal) prior to the decision being issued, the Planning & Place Shaping Manager, in consultation with the Chairman of the Strategic Planning Board is delegated the authority to do so, provided that he does not exceed the substantive nature of the Committee’s decision.

(The meeting adjourned for lunch from 1.45pm until 2.30pm.  Councillor C Thorley left the meeting and did not return).

Consideration was given to the above application.

RESOLVED

That for the reasons set out in the report and in the update to Board the application to vary condition 3 be approved subject to the following:-

(1)      An appropriate Deed under s106 to continue the management of nature conservation land in accordance with an approved habitats and fisheries management plan for a period until January 2023.

(2)      Planning conditions covering in particular: - 

All the conditions attached to permission 7/P05/0217 unless amended by those below;

Approved plans;

Completion of the restoration works by March 2015; and

Establishment of a Liaison Committee

Implementation of the mitigation identified in the ecological surveys

Protection of breeding birds

In order to give proper effect to the Board’s intentions and without changing the substance of the decision, authority is delegated to the Planning & Place Shaping Manager in consultation with the Chairman (or in his absence the Vice Chairman of the Strategic Planning Board) to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

Consideration was given to the above application.

RESOLVED

That for the reasons set out in the report the application and the oral update to Board the application be approved subject to the following conditions:-

          1.       Commencement of development (3 years)

2.       Development in accordance with approved plans

3.       Submission of samples of building materials

4.       Development in accordance with Flood Risk Assessment

5.       Site to be drained on a separate system

6.       Phase 2 contaminated land survey to be submitted

7.       Landscaping-submission of details

8.       Landscaping (implementation)

9.       Electric car charging points to be provided

10.     No subdivision of retail unit

11.     Provision of cycle parking shown on approved plans

12.     The building hereby approved shall be constructed to achieve a minimum rating of BREEAM ‘very good’ as outlined in the sustainability assessment

13.     Details of external lighting to be submitted for approval

14.     Requirement for Section 106 planning obligation / agreement to include the following Heads of Terms:

• Payment of a Commuted sum of £15,000 for off-site provision of Public Open Space for improvements, additions and enhancement of existing Public Open Space facilities at open space facilities at Meriton Road Park, Henbury Road and Spath Lane.
• Payment of a commuted sum of £15,000 for off-site provision of recreation/outdoor sport (outdoor sports facilities and pitches, courts, greens and supporting facilities/infrastructure) at Meriton Road Park and Spath Lane.
• Submission, operation and monitoring of a staff travel plan.
• Payment of a commuted sum of £45,000 for upgrading footpaths in the local area.
• Payment of a commuted sum of £205,000 for improvements to local bus services to and from the site.
• Payment of a commuted sum of £30,000 for new bus stops on Earl Road.
• Payment of a commuted sum of £100,000 for infrastructure works within the employment site
• Submission and implementation of an employment and skills plan (local employment agreement)

(During consideration of the application, Councillor D Brown arrived to the meeting, however he did not take part in the debate or vote on the application).

Consideration was given to the above application.

(Stephen Harris, the agent for the applicant attended the meeting and spoke in respect of the application.  In addition a statement was read out by the Planning & Place Shaping Manager on behalf of Councillor B Silvester, the Ward Councillor).

The Head of Strategic & Economic Planning emphasised that whilst the Rope Lane appeal decision concluded that Policies NE2 (countryside) and NE4 (green Gap) were ‘out of date’ this was not the approach that the Council now adopted.  The appeal came relatively early after the impact of NPPF started to be felt in decision making – and since then understanding of the Framework had matured.  The recent appeal inquiries in Sandbach and Alsager considered the role of countryside in considerable detail and it was concluded that countryside policies were not housing supply policies for the purposes of paragraph 49 of the NPPF – and in these cases were afforded significant weight.  Taking a similar approach, policies NE2 and NE4 should also not be viewed as policies for the supply of housing – and instead should be given significant weight.

RESOLVED

That for the reasons set out in the report and in the update to Board, the application be approved subject to the completion of a Section 106 Agreement to secure the following:-

1.A commuted payment of £9,000 towards habitat creation within the Meres and Mosses Natural Improvement Area to the south of Nantwich

2.A commuted payment of £40,999 towards sprimary school education

3.A commuted payment of £20,000 towards cycleways, footways, street lighting and bus shelters

4.A commuted payment of £18,000 should be made towards providing a skate park facility or other alternative to the children’s play area on the Parish Council owned open space on Wybunbury Road, Willaston

And subject to the following conditions:-

1.       Standard time limit 3 years

2.       Approved Plans

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

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

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

6.       External lighting details to be agreed

7.       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 be implemented in accordance with the approved scheme, with the approved dust suppression measures being maintained in a fully functional condition for the duration of the construction  ...  view the full minutes text for item 102.

Consideration was given to the above application.

(Paul Darwin, the agent for the applicant attended the meeting and spoke in respect of the application.  In addition the Planning & Place Shaping Manager read out a further representation on behalf of Haslington Parish Council).

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.       Obscure glazing to the side elevation of Plot 1 facing No 31 Vicarage Road

2.       No additional windows to be installed in the side elevation of plots 3, 9, 19, 30, 36, 37, 41 & 44

3.       Removal of Permitted Development Rights for Plots 3, 4, 5, 6, 13, 14, 16, 17, 18, 36, 37, 43 and 44

4.       Materials as application

5.       Construction of the access as shown on plan reference VRH/TPP/07/12/01 in accordance with the construction specification/method statement for the construction of the access

6.       The proposed development to proceed in accordance with the submitted badger survey and mitigation statement

7.       Landscaping submission of details

8.       Implementation of landscaping

9.       Details of the retaining wall and boundary treatment to the open space

10.   Maintenance scheme for the car parking area to be provided

11.   The Parking area shall be free of charge

Informative:

1.       The applicant is advised that they have a duty to adhere to the regulations of Part IIA of the Environmental Protection Act 1990, the National Planning Policy Framework 2012 and the current Building Control Regulations with regards to contaminated land. If any unforeseen contamination is encountered during the development, the Local Planning Authority (LPA) should be informed immediately. Any investigation / remedial / protective works carried out in relation to this application shall be carried out to agreed timescales and approved by the LPA in writing. The responsibility to ensure the safe development of land affected by contamination rests primarily with the developer.

In the event of any changes being needed to the wording of the Board’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 Head of Development Management and Building Control 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.

(The meeting adjourned for a short break).

Consideration was given to the above application.

(Councillor B Livesley, the Ward Councillor, Town Councillor K Edwards, representing Bollington Town Council, Sandra Edwards, representing Bollington Civic Society, Professor Mills, an objector and Tim Astle, 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 application be approved subject to completion of a Section 106 Agreement as agreed at outline, application 11/4501M and subject to the following conditions:-

1.     A02RM      -  To comply with outline permission                                                                                                                                                                                                                             

2.     A05RM      -  Time limit following approval of reserved matters                                                                                                                                                                                                            

3.     Materials                                                                                                                                                                                                                                                      

4.     Landscaping                                                                                                                                                                                                                                                    

5.     Landscape implementation                                                                                                                                                                                                                                      

6.     Approved plans                                                                                                                                                                                                                                                 

7.     Removal of PD rights

8.     Use of natural materials

9.     Streetscape materials

10.Archaeology

(Prior to consideration of the following item, Councillor D Brown declared that as he was the Portfolio Holder responsible for making the decision on the item application he would leave the meeting.  He did not return).                                                                                                                                                                                                                                         

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.

In accordance with Section 100B (4)(b) of the Local Government Act 1972 the Chairmanof the Committee agreed to allow consideration of the item as a matter of urgency as there was an urgent need to consider the implications of recent appeal decisions on the Council’s case at forthcoming planning appeal inquiries.  The Council needed to act quickly to avoid abortive work and mitigate the risk of awards of costs.

Consideration was then given to a report with regard to Planning Appeals with a five year Housing Supply element.

RESOLVED

Based on the information available at the time of the meeting, the recommendations in the Officer report were agreed, subject to considerations relating to ecology, wildlife and sustainability.