Agenda and minutes

Apologies for absence were received from Councillor P Edwards.

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.

RESOLVED

That the public speaking procedure be noted.

Consideration was given to the above application.

(Councillor D Brickhill, the Ward councillor, Councillor S Hogben, the neighbouring Ward Councillor, Councillor Mrs J Clowes, the neighbouring Ward Councillor and Parish Council Mrs G McIntyre, representing Shavington-cum-Gresty 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 completion of a Section 106 Agreement securing the following:-

1.   A scheme for the provision of 30% affordable housing (12 units)– 65% to be provided as social rent/affordable rent (8 units) with 35% intermediate tenure (4 units). The scheme shall include:

- The numbers, type, tenure and location on the site of the affordable housing provision

- The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing

- The arrangements for the transfer of the affordable housing to an affordable housing provider or the management of the affordable housing if no Registered Social Landlord is involved

- The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

- The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

2. A contribution of £25,000 for improvements to the existing equipped children’s play area at Wessex Close, Shavington.

3. Education contribution £75,924 for primary education

And subject to the following conditions

1.       Standard Outline

2.       Submission of Reserved Matters (Landscaping to include buffer of at least

5metres including native species only, Design should reflect the local characteristics of this area)

3.       Time limit for submission of reserved matters

4.       Approved Plans

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

6.       The Reserved Matters applications(s) shall include details of noise mitigation measures

7.       Dust Control measures

8.       Contaminated land

9.       A scheme for surface water management

10.   Prior to undertaking any works between 1^st March and 31^st August in any year, a detailed survey is required to check for nesting birds.  A report of the survey and any mitigation measures required to be submitted and agreed by the LPA. 

11.   Prior to the commencement of development the applicant to submit detailed proposals for the incorporation of features into the scheme suitable for use by breeding birds.  Such proposals to be agreed by the LPA.  The proposals shall be permanently installed in accordance with approved details.

12.   The reserved matters application shall include details of replacement hedgerow planting

13.   Reserved Matters application to include an Arboricultural Impact Assessment and Tree Protection Measures

14.   Reserved matters application to include details of existing and proposed levels

15.   Reserved Matters application to include details of a footway across the front of the site

16.   Prior to the commencement of development details of replacement signage to the front  ...  view the full minutes text for item 137.

(During consideration of the item, Councillor G Walton left the room and returned.  As a result he did not take part in the vote on the application).

Consideration was given to the above application.

(Councillor G Baxendale, the Ward Councillor, Town Councillor Paul Bates, representing Congleton Town Council, Peter Minshull, representing Congleton Sustainability Group, Mr Light, an objector and Russell Adams, 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 oral update to Board the application be approved subject to the completion of a Section 106 Agreement securing the following:-

1.     A scheme for the provision of 30% affordable housing – 65% to be provided as social rent/affordable rent (3 units) with 35% intermediate tenure (1 unit). The scheme shall include:

- The numbers, type, tenure and location on the site of the affordable housing provision

- The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing

- The arrangements for the transfer of the affordable housing to an affordable housing provider or the management of the affordable housing if no Registered Social Landlord is involved

- The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

- The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

2.     A £31,985.06 contribution to public open space.

And subject to the following conditions:-

1.                   Commencement

2.                   Submission of reserved matters (all matter other than access)

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.               Updated protected species survey and method statement prior to commencement

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

12.                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.

13.               Submission of a scheme of Sustainable Urban Drainage

14.                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.

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

16.               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

17.                Should there be a requirement to undertake foundation or other piling on site it is recommended that these operations are restricted to:  ...  view the full minutes text for item 139.

Consideration was given to the above application.

(Councillor Mrs M Simon, the Ward Councillor, Councillor Mrs J Weatherill, the Ward Councillor, Parish Councillor Mrs Bond, representing Wistaston Parish Council and Peter Wainwright, representing Hands Off Wistaston Action Group attended the meeting and spoke in respect of the application.

RESOLVED

That the application be refused for the following reasons:-

1. The proposed development would cause a significant erosion of the Green Gap between the built up areas of Crewe and Nantwich which would significantly and demonstrably outweigh the benefits of the scheme notwithstanding a shortfall in housing land supply. The development is therefore contrary to Policy NE4 (Green Gaps) of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and guidance contained within the NPPF.
2. The proposed development would cause the loss of Open Countryside, which would significantly and demonstrably outweigh the benefits of the scheme notwithstanding a shortfall in housing land supply. The development is therefore contrary to Policy NE.2 (Open Countryside) of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and paragraph 17 of the National Planning Policy Framework, which recognises the intrinsic character and beauty of the countryside.

3. The proposal would involve the permanent loss of best and most versatile agricultural land. The NPPF states that local planning authorities should seek to use areas of poorer quality land in preference to that of a higher quality. Together with the reasons stated above this would significantly and demonstrably outweigh the benefits of the scheme notwithstanding a shortfall in housing land supply. The proposed development is contrary to Policy NE.12 of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and Paragraph 112 of the NPPF.

(Prior to consideration of the following item, Councillors P Hoyland, P Mason and G Walton left the meeting and did not return).

Consideration was given to the above application.

(Councillor S Corcoran, the Ward Councillor, Town Councillor Andrew Wood, representing Sandbach Town Council and Russell Adams, 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 oral update to Board the application be approved subject to the completion of a Section 106 agreement securing the following:-

1.               A scheme for the provision of 30% affordable housing – 65% to be provided as social rent/affordable rent (3 units) with 35% intermediate tenure (1 unit). The scheme shall include:

- The numbers, type, tenure and location on the site of the affordable housing provision

- The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing

- The arrangements for the transfer of the affordable housing to an affordable housing provider or the management of the affordable housing if no Registered Social Landlord is involved

- The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

- The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

2.     A £23,349.31 contribution to public open space.

And subject to the following conditions:-

1.               Commencement

2.               Submission of reserved matters (all matters other than access)

3.               Plans

4.               Tree and hedgerow protection measures

5.               Boundary treatment to be submitted with reserved matters

6.               Submission of method statement for any piling operations

7.              Hours of construction (8am to 6pm Mon-Fri, 9am to 2pm Saturday, no working Sunday or Public Holidays)

8.               Noise mitigation scheme to be submitted with reserved matters application

9.               Construction management plan including a compound within the site

10.           Breeding bird survey for works in nesting season

11.           Bat and bird boxes

12.           Submission of a scheme to limit surface water run-off

13.           Reserved matters to include details of bin storage

14.           Reserved matters to include existing and proposed levels

15.           Reserved matters to include frontage footpaths

16.           Reserved matters to include a detailed suite of design construction plans for the adoptable highways

17.           Notwithstanding the details shown on the indicative layout plan, the development shall be served only by a single access point shown with a red arrow on plan number 541-SL-01 Rev A.

Consideration was given to the above application.

(Councillor P Groves, the Ward Councillor, A Martin, the Ward Councillor and Pat Cullen, representing Protect Stapeley attended the meeting and spoke in respect of the application).

RESOLVED

That for the application be refused for the following reason:-

In the opinion of the Local Planning Authority, visibility at the proposed access to the site from the A529 is substandard and would result in a severe and unacceptable impact in terms of road safety. This severe adverse impact coupled with the location of the site within the Open Countryside, would significantly and demonstrably outweigh the benefits of the scheme notwithstanding a shortfall in housing land supply. The development is therefore contrary to Policies NE2 and BE.3 of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and paragraphs 17 and 32 of the National Planning Policy Framework, which recognise the intrinsic character and beauty of the countryside as a core planning principle and states that decisions should take account of whether safe and suitable access to the site can be achieved for all people, respectively.

In the event of any Appeal against the decision, and in respect of the existing Appeal against the non-determination of application 13/1223N DELEGATE authority to the Interim Planning and Place Shaping Manager and Borough Solicitor to enter into a Section 106 Agreement to secure:-

·       Affordable housing:

o      12 units (8 rented and 4 intermediate)

o      A mix of 2 and 3 bedroom properties

o       units to be tenure blind and pepper potted within the development, the external design, comprising elevation, detail and materials should be compatible with the open market homes on the development thus achieving full visual integration.

o      constructed in accordance with the Homes and Communities Agency Design and Quality Standards (2007) and should achieve at least Level 3 of the Code for Sustainable Homes (2007).

o      no more than 50% of the open market dwellings are to be occupied unless all the affordable housing has been provided, with the exception that the percentage of open market dwellings that can be occupied can be increased to 80% if the affordable housing has a high degree of pepper-potting and the development is phased.

o      developer undertakes to provide the social or affordable rented and shared ownership units through a Registered Provider who are registered with the Homes and Communities Agency to provide social housing.

·       Contribution of £75,924 towards primary education. This contribution will be required to be paid on occupation of the site.

·       £30,000 towards improvement works to footpath 28 in relation to the proposed development payable trigger of commencement of development. 

·       £20,000 for the purposes of resurfacing the car park at the Shrewbridge Lake

·       £1500 per dwelling towards level crossing improvements in Nantwich

·       £11,122 towards off-site habitat creation / enhancement

(The meeting adjourned for a short break).

Consideration was given to the above application.

(Mr Clark, an objector and Colin Bowen, 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 the completion of a Section 106 Agreement securing the following:-

1. A scheme for the provision of 30% affordable housing – 65% to be provided as social rent/affordable rent (4 units) with 35% intermediate tenure (2 units). The scheme shall include:

- The numbers, type, tenure and location on the site of the affordable housing provision

- The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing

- The arrangements for the transfer of the affordable housing to an affordable housing provider or the management of the affordable housing if no Registered Social Landlord is involved

- The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

- The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

2. Public Open Space contribution of £20,000

3. Education contribution of Primary £43,385 and Secondary £49,028

And subject to the following conditions

1.       Standard Outline

2.       Submission of Reserved Matters

3.       Time limit for submission of reserved matters

4.       Approved Plans

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

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

7.       Reserved Matters application to include a noise survey and noise mitigation measures

8.       Dust control measures

9.       Prior to the commencement of development a Phase II Contaminated Land Assessment shall be submitted to the LPA for approval in writing.

10.   Prior to the commencement of development details of drainage to be submitted to the LPA for approval in writing.

11.   The proposed development to proceed in strict accordance with the recommendations of the submitted Badgers: addendum to protected species survey and site assessment report number 2013 (14)/VC/01ADD unless varied by a subsequent Natural England license.

12.   Prior to undertaking any works between 1^st March and 31^st August in any year, a detailed survey is required to check for nesting birds. A report of the survey and any mitigation measures required to be submitted and agreed by the LPA.

13.   Prior to the commencement of development the applicant to submit detailed proposals for the incorporation of features into the scheme suitable for use by breeding birds including house sparrow. Such proposals to be agreed by the LPA. The proposals shall be permanently installed in accordance with approved details.

14.    The first reserved matters application to be supported by a plan to show the existing and proposed land  ...  view the full minutes text for item 143.

Consideration was given to the above report.

RESOLVED

That confirmation be given to the revocation of the Certificate of Existing Lawful Use for the parking and storage of vehicles, machinery and equipment for White Moss Quarry, Bathomley which was issued in December 2011.