Agenda and minutes

To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests and for Members to declare is they have pre-determination in respect of any item on the agenda

Councillor Bailey declared a personal interest in respect of planning application five (11/2818N) on the grounds that i) she was acquainted with the applicant and landowner; ii) as Heritage Champion for Cheshire East Council she had met with English Heritage on a number of occasions; and iii) she had attended meetings at Newall Parish Council where the application had been discussed but had not passed any opinion on the matter.       

Councillor Thorley made reference to a quotation attributed to him in the agenda papers (page 17 refers), stating that his comments had not been directed at the application submitted and that he had no declaration to make in respect of planning application five (11/2818N). 

Councillor Hough declared, in respect of planning application six (11/3414C) that he had received a telephone call from an objector but had not engaged in conversation with them about the application.    

Councillor Hammond declared a personal interest in respect of planning application seven (10/2647C) as the land owner was a former work colleague who had contacted him within the last year and he had received an email from the land owner’s daughter the day before the meeting which he had forwarded on to officers. 

Following comments from Councillor Walton, all the Committee Members present declared that they had received correspondence and email representations from residents in connection with the applications.     

To approve the minutes of the meeting held on 21 March 2012 as a correct record

RESOLVED:

That the minutes of the meeting held on 21 March 2012 be approved as a correct record and signed by the Chairman.    

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

Further requests to address the Strategic Planning Board under the Council’s Public Speaking Rules had been received, which the Committee was invited to consider. 

RESOLVED:  That  

a)           In respect of planning application 11/2818N, Mr A Murphy (Objector) be permitted to speak; and

b)           In respect of planning application 10/2647C, Councillor A Kolker (Ward Member) be permitted to speak.         

The Development Management and Building Control Manager reported to the Strategic Planning Board on the National Planning Policy Framework (NPPF), which had been published on 27 March 2012 and superseded other national planning guidance. It was reported that at the heart of the NPPF was a presumption in favour of sustainable development; Members noting that every local planning authority would need to have demonstrable reasons for recommending refusal of an application based on the significant impact arising from a development proposal.

To consider the above planning application

Councillor J Batho (Chairman, Newhall Parish Council), Mr A Murphy and Mr S Graham (Objectors), Mr R Blackburn (Supporter) and Mr T McAteer (Applicant’s Agent) attended the meeting and addressed the Committee on this matter.     

The Committee considered the report and a written update regarding the above planning application. 

Prior to the debate commencing:

i)              Councillor Bailey declared a personal interest on the grounds that she was a Burleydam Trustee; and

ii)            The meeting was adjourned for five minutes for a short comfort break.       

RESOLVED: 

That contrary to the Planning Officer’s recommendation to approve, the application be REFUSED for the following reason –

In the opinion of the Local Planning Authority, there is insufficient public benefit arising from the scheme to outweigh the harm in terms of new residential development in the open countryside.  The proposal is therefore contrary to the provisions of Policy NE.2 of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and the advice given in the National Planning Policy Framework in respect of enabling development.      

To consider the above planning application

Councillor S Corcoran (local Ward Member), Councillor A Wood (Sandbach Town Council), Mr T Cresswell (Save our Sandbach Action Group), Ms S Stanfield (Objector) and Mr P Downes (Applicant) attended the meeting and addressed the Committee on this matter.    

The Chairman also read out a statement from Councillor B Moran (local Ward Member) who was unable to attend the meeting.  

The Committee considered the report and a written update regarding the above planning application. 

RESOLVED: 

That the application be APPROVED subject to the completion of a Section 106 legal agreement to secure the following –

·                    30% affordable housing (12 no. units), split on the basis of 65% social rent and 35% intermediate tenure as per the requirements of the interim planning statement

·                    £11,263.11 and £36,715.50 (25 years) for the upgrading and maintenance of an existing children’s play facility at Moss Drive (not to be ‘time limited’)  

·                    Provision for a management company to maintain the on-site amenity space

·                    Upgrade of Bus Stop on Hassall Road

·                    £65,078 towards future primary school education provision

and the following conditions

1          Standard outline

2          Submission of reserved matters (landscaping)

3          Approved plans including amended plans and access detail

4          Contaminated land investigation

5          Hours of construction

6          Details of pile driving operations

7          Submission of details of bin storage

8          Scheme to manage the risk of flooding

9          Scheme to limit surface water run-off

10        Discharge of surface water to mimic that of the existing site

11        Sustainable Urban Drainage System

12        Only foul drainage to be connected to sewer

13        Retention of important trees

14        Submission of comprehensive tree protection measures

15        Implementation of tree protection

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        Hedgerows to be enhanced by ‘gapping up’ as part of the landscaping scheme for the site

18        Removal of Permitted Development Rights for windows/openings for plots 03, 08, 11, 15, 16, 22, 24, 39

19        Obscure glazing for first floor windows in flanking elevations of plots 08, 11, 15, 16

20        Submission of details of boundary treatment

21        Submission of details of Travel Pack for each dwelling 

22        Prior to the commencement of development, full details of access to and from the site for vehicles and pedestrians shall be submitted to and approved in writing by the Local Planning Authority.  The development hereby approved shall not be brought into first use until the access has been constructed in accordance with the approved details and shall be retained in such form thereafter

Note:  At this point in the proceedings, the morning session was adjourned, the meeting reconvening at 3.00pm for the afternoon session.  Councillor Thorley withdrew from the meeting and was not present for the afternoon session.      

To consider the above planning application

Councillor Brown declared a personal and prejudicial interest in the application on the grounds that he was a Director of Plus Dane Housing.  In accordance with the Code of Conduct, he withdrew from the meeting during consideration of the item.    

Councillor Hammond declared a personal interest in respect of the application as the land owner was a former work colleague who had contacted him within the last year and he had received an email from the land owner’s daughter the day before the meeting which he had forwarded on to officers. 

Councillor A Kolker (local Ward Member), Councillor G Holborow (Twemlow Parish Council), Prof S Garrington (Jodrell Bank Observatory), Mrs M Tomkinson (Objector) and Mr A Miller (Plus Dane Housing) attended the meeting and addressed the Committee on this matter.       

The Committee considered the report and a written update regarding the above planning application. 

RESOLVED:

That contrary to the Planning Officer’s recommendation, the application be REFUSED for the following reasons –

Whilst it is acknowledged that there is a need for affordable housing in Twemlow, it is considered that the impact of the scheme on the efficient operation of the Jodrell Bank Observatory and its internationally important work, is a significant adverse impact that demonstrably outweighs the benefits of the scheme and the presumption in favour of this housing scheme.  As such, the proposal is contrary to Policy PS10 of the adopted Congleton Borough Local Plan First Review 2005 that seeks to limit development that impairs the efficiency of the Jodrell Bank Radio Telescope.             

Note: At the conclusion of the item, Councillor Brown returned to the meeting.  Councillor West then left the meeting at this point in the proceedings. 

To consider the above planning application

Councillor G Baxendale (local Ward Member), Councillor A Martin (Congleton Town Council), Mr J Peck and Ms L Preston (Objectors) and Mr N Smith (Applicant) attended the meeting and addressed the Committee on this matter.    

The Committee considered the report, a written update regarding the above planning application and an oral report of the site inspection.     

RESOLVED:

That the application be APPROVED subject to the completion of a Section 106 Agreement securing 30% affordable housing and a financial contribution of £17,127.01 for enhanced provision and maintenance of public open space

1                                Standard outline

2                                Submission of reserved matters

3                                Compliance with the approved plans

4                                Contaminated land investigation

5                                Submission and implementation of a tree protection scheme

6                                Submission and implementation of drainage scheme

7                                Submission of landscaping scheme

8                                Implementation of landscaping scheme

9                                Submission and implementation of boundary treatment scheme

10                           Prior to the commencement of development, full details of access to and from the site for vehicles and pedestrians shall be submitted to and approved in writing by the Local Planning Authority.  The development hereby approved shall not be brought into first use until the access has been constructed in accordance with the approved details and shall be retained in such form thereafter

11                           Hours of construction (including deliveries) limited to 08.00 to 18.00 Monday to Friday, 08.00 to 14.00 Saturday with no working on Sundays or Bank Holidays

12                           Submission of details of the method, timing and duration of any pile driving operations

13                           Protection measures for breeding birds

14                           Submission and implementation of details for the incorporation of features suitable for use by breeding birds and roosting bats

15                           Bin storage

16                           Compound for Contractor’s vehicles

17                           Dwellings to be single storey

18                           Remove permitted development rights

19                           Buffer zone between the construction site and the stream

20                           Wheel wash facilities                 

To consider a report proposing to amend the resolution passed by Strategic Planning Board in respect of applications 11/1879N

Councillor Bailey declared a personal interest in the application as she had attended a meeting to discuss highways matters in relation to the site. 

At this point in the proceedings, Councillor Walton left the meeting. 

The Committee considered the report of the Development Management and Building Control Manager which invited the Committee to consider a proposed amendment to a resolution passed by the Strategic Planning Board on 19 October 2011 in respect of application 11/1879N (Scheme for up to 400 Residential Units at Parkers Road, Crewe) in order to allow for the provision of social or affordable rented units on the development.     

RESOLVED:  That 

a)         Point 5 of the previous resolution in respect of planning application 11/1879N be amended to read - 

Provision of 35% of the 400 units proposed across the whole site as affordable housing in perpetuity.  Provision within Phase A shall be 26 units comprising 11 x 2 beds, 14 x 3 beds and 1 x 4 bed, with the remainder to be provided in Phase B.  The tenure split within Phase A to be on a 65% social/affordable rent, 35% intermediate tenure basis.  The mix of house types and tenure for within Phase B (to include key worker housing) to be agreed as part of subsequent reserved matters applications;

b)                 In the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or additional conditions/informatives/planning obligations or reasons for approval/refusal, prior to the decision being issued, the Development Management and Building Control Manager, in consultation with the Chair 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; and

c)                  Authority be delegated to the Development Management and Building Control Manager, in consultation with the Chairman of the Strategic Planning Board or the Area Planning Committee (depending on which Committee passed the original resolution to approve), to amend, where necessary any resolution relating to the provision of affordable housing to allow for the provision of social or affordable rented units instead of only social rented units.