Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors D Brown, P Edwards and Mrs J Jackson.

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 respect of application 13/0683W, Councillor J Hammond declared that although he had no involvement in discussion relating to the application, his position as Director of the Board of Ansa Environmental Services Limited who delivered Waste Services on behalf of the Authority could give the public perception that the Company of which he was a Director of has a pecuniary interest.  In the interests of total openness and transparency he declared that he would leave the room whilst the application was being determined.

In the interest of openness in respect of applications 13/4216C and 13/4219C, Councillor J Hammond declared that he was a Member of the Cheshire Wildlife Trust who had been consulted on the applications, however he had not made any comments in respect of the applications.

In the interest of openness respect of applications 13/4749W and 14/0683W, Councillor Mrs L Smetham declared that she was the Ward Councillor for both applications and had attended Liaison meetings involving both application sites, however she had not formed an opinion on either application.

RESOLVED

That the minutes of the meetings held on 18 March 2014 and 2 April 2014 be approved as a correct record and signed by the Chairman subject to an amendment to the minutes of 2 April 2014 to include Councillor M Jones, Leader of the Council in the list of those people that spoke in respect of application 12/3948C.

RESOLVED

That the public speaking procedure be noted.

Consideration was given to the above application.

(Councillor S Corcoran, the Ward Councillor and Carl Davey, the agent for the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That the Board be minded to refuse the application for the following reasons:-

1. The proposed residential development is unsustainable because it is located within the Open Countryside and would be harmful to the intrinsic character and beauty of the countryside, contrary to Policy PS8 of the Congleton Borough Local Plan First Review 2005, Policy PG5 of the emerging Cheshire East Local Plan Strategy - Submission Version 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 and creates harm to interests of acknowledged importance. The Local Planning Authority can demonstrate a 5 year supply of housing land in accordance with the National Planning Policy Framework and consequently, there are no material circumstances to indicate that permission should be granted contrary to the development plan, to the emerging Development Strategy and the principles of the National Planning Policy since there are no material circumstances to indicate that permission should be granted contrary to the development plan.

2. The proposal would result in loss of the best and most versatile agricultural land and given that the Authority can demonstrate a housing land supply in excess of 5 years, the applicant has failed to demonstrate that there is a need for the development, which could not be accommodated elsewhere. The use of the best and most versatile agricultural land is inefficient and contrary to Policy SE2 of the emerging Cheshire East Local Plan Strategy - Submission Version and the provisions of the National Planning Policy Framework.

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 Interim Planning and Place Shaping 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 Board’s decision.

Should this application be the subject of an appeal, authority be delegated to the Interim Planning and Place Shaping 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.

(The meeting was adjourned for a short break).

Consideration was given to the above application.

(John Williams, representing the applicant attended the meeting and spoke in respect of the application).

RESOLVED

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

1.     Standard conditions

2.     Sheeting of all vehicles transporting material

3.     No processing of waste wood

4.     All handling/storage of wood and ash within enclosed building

5.     Ash stored in enclosed hopper

6.     Details of acoustic barrier

7.     Acoustic barrier to be installed prior to operation of the facility

8.     Noise levels

9.     lighting scheme

10. Control on number of vehicle movements

11. Restricted times for HGV movements

12. Piling method statement

13. Restricted hours for use of piling

14. Construction environmental management plan

15. Restricted hours of construction activities

16. Stack design details

17. Foul and surface water drainage scheme

18. Control of fuel types

19. Scheme for control of dust

20. Flood emergency plan

21. Scheme for additional screen planting to be submitted and approved in discussion with the Parish Council

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 Interim Planning and Place Shaping 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 Board’s decision.

(Prior to consideration of the following application, Councillor Mrs Rachel Bailey left the meeting and did not return).

Consideration was given to the above application.

(Jack Tregoning, the applicant attended and spoke in respect of the application).

RESOLVED

That for the reasons set out in the report the application be referred to the Secretary of State for approval subject to the following conditions:-

1.     Standard conditions

2.     No operation of the facility until all landfilling ceases (not including restoration activities)

3.     Cessation of operations within two year period

4.     Restricted overall throughput of 40,000tpa

5.     Restrictions on processing of waste

6.     All waste unloading/handling to take place within the transfer pad

7.     Hours of working

8.     Scheme for the control on dust

9.     Restrictions on highway movements

10. Sheeting of vehicles

11. Submission of construction environmental management plan

12. Noise mitigation scheme

13. Details of piling activities

14. Set noise levels

15. Scheme of noise monitoring

16. Scheme for foul/surface water disposal

17. Control of water pollution

18. Details of lighting and restrictions on its use

19. Badger survey

20. Breeding bird survey and bird/bat mitigation

21. Safeguarding of retained habitat during construction

22. Landscape scheme (whilst building in operation)

23. Final restoration scheme (once building is removed

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 Interim Planning and Place Shaping 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 Board’s decision.

(The meeting adjourned for lunch from 12.50pm until 1.35pm).

(During consideration of the application, Councillor P Hoyland arrived to the meeting.  He did not take part in the debate or vote on the application).

Consideration was given to the above application.

(Councillor G Baxendale, the Ward Councillor, Councillor Mrs Rhoda Bailey, the Neighbouring Ward Councillor, Town Councillor Paul Bates, representing Congleton Town Council, Parish Councillor John Carter, representing Newbold Astbury & Moreton Parish Council and James Green, representing West Heath Action Group attended the meeting and spoke in respect of the application).

RESOLVED

That the application be refused for the following reasons:-

1.     Proposed residential development is unsustainable because it is located within the Open Countryside, contrary to Policy PS8  of the Congleton Borough Local Plan  First Review 2005,Policy PG5 of the emerging Cheshire East Local Plan Strategy - Submission Version 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 and creates harm to interests of acknowledged importance. The Local Planning Authority can demonstrate a 5 year supply of housing land in accordance with the National Planning Policy Framework and consequently, there are no material circumstances to indicate that permission should be granted contrary to the development plan, to the emerging Development Strategy   and  the principles of the National Planning Policy since there are no material circumstances to indicate that permission should be granted contrary to the development plan.

2.       The proposal would result in loss of the best and most versatile agricultural land and given that the Authority can demonstrate a housing land supply in excess of 5 years, the applicant has failed to demonstrate that there is a need for the development, which could not be accommodated elsewhere. The use of the best and most versatile agricultural land is inefficient  and contrary to Policy  SE2 of the emerging Cheshire East Local Plan Strategy - Submission Version  and the provisions of the National Planning Policy Framework.

3.            Insufficient information concerning levels and the provision of footways has been submitted to demonstrate that the scheme , in providing footways to an adoptable standard;  would provide for the retention and protection of existing trees of amenity value contrary to  Policies GR1 and  NR1 of the adopted Congleton Borough Local Plan First Review 2005 and policy SE3 and SE5  of the emerging Cheshire East local Plan and the provisions of the National Planning Policy Framework.

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 Interim Planning and Place Shaping 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 Board’s decision.

Should this application be the subject of an appeal, authority be delegated  ...  view the full minutes text for item 217.

Consideration was given to the above application.

(James Green, representing West Heath 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 residential development is unsustainable because it is located within the Open Countryside, contrary to Policy PS8  of the Congleton Borough Local Plan  First Review 2005, Policy PG5 of the emerging Cheshire East Local Plan Strategy - Submission Version 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 and creates harm to interests of acknowledged importance. The Local Planning Authority can demonstrate a 5 year supply of housing land in accordance with the National Planning Policy Framework and consequently, there are no material circumstances to indicate that permission should be granted contrary to the development plan, to the emerging Development Strategy and the principles of the National Planning Policy since there are no material circumstances to indicate that permission should be granted contrary to the development plan.

2.                    The proposal would result in loss of the best and most versatile agricultural land and given that the Authority can demonstrate a housing land supply in excess of 5 years, the applicant has failed to demonstrate that there is a need for the development, which could not be accommodated elsewhere. The use of the best and most versatile agricultural land is inefficient and contrary to Policy SE2 of the emerging Cheshire East Local Plan Strategy - Submission Version and the provisions of the National Planning Policy Framework.

3.                    Insufficient information concerning the provision of an appropriate visibility splay, cycleway and footways to the access on Padgbury Lane has been submitted to demonstrate that the scheme would provide for the safe operation of the public highway for all users contrary to Policies GR9 of the adopted Congleton Borough Local Plan First Review 2005

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 Interim Planning and Place Shaping Manager has delegated authority to do so in consultation with the Chairman of the Southern Planning Committee, provided that the changes do not exceed the substantive nature of the Board’s decision.

Should this application be the subject of an appeal, authority be delegated to the Interim Planning and Place Shaping 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 to secure:-

·                      Affordable housing:

• 30% of all dwellings to be affordable (65% social or affordable rented and 35% intermediate tenure)
• A mix of 2 , 3 bedroom and other sized  properties to be determined  ...  view the full minutes text for item 218.

Consideration was given to the above application.

(Andy Evanson, an objector and Richard Gee, representing the applicant attended the meeting and spoke in respect of the application).

RESOLVED

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 Policy NE.2 (Open Countryside) and the principles of the National Planning Policy Framework and create 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. As such the application is also contrary to the Policy PG5 of the emerging Development Strategy. Consequently, there are no material circumstances to indicate that permission should be granted contrary to the development plan.
2. The proposed design and layout is substandard and has missed the opportunities to deliver high quality development which makes a positive contribution to its surroundings. It therefore fails to satisfy the requirements of NPPF, By Design, Manual For Streets along with local plan policies BE.1 of the Crewe and Nantwich Local Plan and policies SE 1 and SD 2 of the Cheshire East Local Plan Strategy – Submission Version which seek to deliver high quality design and avoids development which fails to improve the character and quality of an area and the way it functions.
3. The proposed development would not provide the required level of affordable housing. The proposal would therefore not create a sustainable, inclusive, mixed and balanced community. The benefits of allowing this development would be limited and would be outweighed by the significant and demonstrable adverse impact. Therefore the proposal is not considered to be an acceptable form of development as a departure from the development plan and would be contrary to the Interim Planning Policy on Affordable Housing and Policies RES.7 (Affordable Housing), BE.3 (Access and Parking) and BE.5 (Infrastructure) of the Borough of Crewe.and Nantwich Replacement Local Plan 2011 and the National Planning Policy Framework.
4. The proposed development is not capable of providing sufficient mitigation for the local highway network, in particular the Sydney Road / Remur Street Corridor which would operate in excess of capacity as a result of the proposed development. The development would result in increased congestion on the local highway network and as a result, the transport impact of the development would be cumulatively severe and therefore the development is not considered to be sustainable. The proposal is contrary to the NPPF and Policies BE.3 and BE.5 of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and Policies IN1 and IN2 of the Cheshire East Local Plan Strategy – Submission Version which seek to maximise sustainable transport solutions.

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 Interim Planning and Place Shaping Manager has delegated authority to do so in  ...  view the full minutes text for item 219.

(During consideration of the item, Councillor D Newton left the meeting and did not return).

Consideration was given to the above report.

RESOLVED

1. That the Portfolio Holder for Sustainable Communities be recommended to approve the Draft Local Development Scheme 2014- 2016 (Annex A) be approved subject to the adoption of the Plan being brought forward to December 2014; and

2. That, in accordance with Section 111 of the Localism Act 2011, the Local Development Scheme 2014-2016 is brought into effect as of the 1 April, 2014.