Agenda and minutes

Apologies for absence were received from Councillors Rachel Bailey, D Bebbington (substitute), P Hoyland and L Smetham.

In the interest of openness in respect of application 14/1779C Councillor Rhoda Bailey declared that she was the Ward Member when this application was considered previously and had not taken part in any discussions, but that she had kept an open mind.

In the interest of openness in respect of application 14/1680C Councillor Rhoda Bailey declared that she knew a person from Worth Partnership (the applicant) and that she had not taken part in any discussions, but had kept an open mind.

In the interests of openness in respect of application number 13/4132N, Councillor J Hammond declared that he was a member of Haslington Parish Council and Cheshire Wildlife Trust who had been consulted on the application.  However, he had not taken part in any discussions on the application.

In the interests of openness in respect of application number 14/1779C, Councillor J Wray declared that he knew the applicant and was a member of Betchton Parish Council who had been consulted on the application.  However, he had not taken part in any discussions on the application.

In the interests of openness in respect of application number 14/1680C, Councillor J Wray declared that he had attended a display by the applicant’s agent at Congleton Town Hall.  He had met with one or two residents of Giantswood Lane, but had made no comments on the application and that he had kept an open mind.

In the interests of openness in respect of application number 13/4132N, Councillor D Hough declared that he was a member of the White Moss Liaison Committee, but had not attended any of the Liaison Committee meetings when this planning application was discussed. He had not pre-determined the application and had no set view. He had also been contacted by members of the public and had raised comments on this application, for inclusion in the Local Plan.  As these comments were not included in this application today, he would take full part in the discussions.

In the interests of openness in respect of application number 14/1338M, Councillor Murphy declared that he had been lobbied by residents and had discussed some issues with Planning Officers and that he would consider the reports and take account of the information in the papers today.

In the interests of openness in respect of application number 14/1680C, Councillor Brown declared that he knew the landowner, but had not expressed an opinion.

In the interest of openness in respect of application 14/1779C, Councillors Hammond and West declared that they were Directors of Ansa Environmental Services who had been consulted on this application.

Councillor Corcoran declared that his wife was a GP in Alsager and, therefore, the application may affect her practice as it included a GP Surgery, but the interest was not prejudicial and he was declaring the matter in the interest of openness.

RESOLVED – That the minutes of the meetings held on 10^th July 2014 and 23^rd July 2014 be approved as a correct record and signed by the Chairman, subject to the following amendments:

10^th July – Page 4 – “£195,233 towards Educational Facilities at Chelford and Peover Superior Primary Schools” and Page 7 – To include the Chairman’s name (Councillor Walton) on the final page of the minutes.

23^rd July 2014 – Councillor Hough’s declarations of interest should read “In the interests of openness in respect of application number 13/4132N, Councillor D Hough declared that he was a member of the White Moss Liaison Committee, but had not attended any of the Liaison Committee meetings when this planning application was discussed. He had not pre-determined the application and had no set view. He had also been contacted by members of the public and had raised comments on this application, for inclusion in the Local Plan.  As these comments were not included in this application today, he would take full part in the discussions.”

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 individuals/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

That the public speaking procedure be noted.

To consider the above application.

Mr B Haywood, MajorApplications Team Leader, read out a statement submitted by Councillor Rod Fletcher (the Neighbouring Ward Councillor), who was unable to attend the meeting.

Councillor Sam Corcoran (the Neighbouring Ward Councillor), Councillor Derek Longhurst (on behalf of Alsager Town Council), Councillor Richard Hovey (on behalf of Haslington Parish Council), Honorary Alderman Derek Bould (representing ARAG), Sylvia Dyke (an objector),and Alan Thornley (the agent for the applicant) attended the meeting and addressed the Committee on this matter.

RESOLVED – That for the reasons set out in the report and in the written update, the application be APPROVED subject to the completion of a Section 106 Agreement to secure the following.  The Chairman/Vice Chairman and the Head of Strategic and Economic Planning in consultation with Ward Members to agree the Section 106 contributions and affordable housing details

1.  Affordable Housing

a. 30% affordable housing with a tenure split 65% rented housing and 35% intermediate affordable housing in line with the Council's Interim Planning Policy on Affordable Housing. The mix and type of affordable dwellings:

i.                    A figure to be agreed of general needs dwellings, formed from a figure to be agreed of social or affordable rent & a figure to be agreed of intermediate tenure;

ii.                  A figure to be agreed of Affordable extra care dwellings formed from a figure to be agreed of social or affordable rent & a figure to be agreed of intermediate tenure

b. affordable units to be tenure blind and pepper potted within the development.

c. 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 openmarket 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

d. Housing to be transferred to and managed by a Registered Provider as set out in the defined in the Housing & Regeneration Act 2008

2. Minimum of 12,250sqm of public open space to include:

a. large equipped children’s play area on the public open space. The equipped play area needs to cater for both young and older children - 8 pieces of equipment for young, plus 8 pieces for older children

b. The proposal should also provide a Multi Use Games Area marked out to include:

1 basketball court and 1 5-a-side football pitch (D’s and spots only).The  Multi Use Games Area also needs to be floodlit.

c. Specification for the above to be as set out in the Greenspaces consultation response

d. Private Residents Management Company to maintain all open space on site including amenity greenspace, play space, allotments, incidental open space,footpaths and cycleways.

3. Education Contribution (Amount £683,316)

4. Healthcare Contribution (Amount TBC)

5. Appropriate restoration of the adjacent quarry land including phasing.

And the following conditions:

1.    Standard Outline.

2.    Approved Plans.

3.    Submission/approval and implementation of a detailed scheme of   improvement works to upgrade Right of  ...  view the full minutes text for item 37.

To consider the above application.

Note: Prior to consideration of this item, Councillor West declared that he had worked with one of the company directors at Peaks and Plains, but had not discussed this case with him.

Kevin Richardson (Solicitor, on behalf of Pool End Action Group), Tom Gurney (on behalf of Denise Gurney, objector), Brian Jones (on behalf of DUMBAH Residents Association), and Paul Sinclair (on behalf of the applicant) attended the meeting and addressed the Committee on this matter.

RESOLVED – That for the reasons set out in the report and written update, the Application for Reserved Matters be APPROVED subject to the following conditions:

1.  A25GR - Obscure glazing requirement

2.  A01GR - Removal of permitted development rights

3.  A12LS - Landscaping to include details of boundary treatment

4.  A04TR - Tree pruning / felling specification

5.  A02EX - Submission of samples of building materials

6.  Development to be carried out in accordance with the approved plans

7.  No dig retaining structures

8.  Badger

9. Junction to be constructed in line within Section 278 Agreement prior to     occupation of 1st dwelling.

10. Scheme to provide fluvial flood risk

11. Floor levels should be at a minimum level of 144.4mAOD

12. Road level should be minimum level of 144.0 mAOD,

13. A scheme to limit surface water shall be submitted

14. Scheme to manage overland flow of surface water shall be submitted.

15. Pile Driving

The following details shall be delegated to the Chairman/Vice Chairman and the Head of Strategic and Economic Planning in consultation with Ward Members to consider prior to a Decision Notice being issued:

·         A Landscape and Habitat Management Plan

·         A detailed scheme for a roundabout to be constructed at the access to the development from Manchester Road.

After discussion of this item, Councillor Murphy left the room at 3.25 pm and returned during consideration of the next application and did not take part in the debate or vote on the application.

To consider the above report.

Consideration was given to the request to vary the Unilateral Undertaking dated 17^th September 2012 following the allowed appeal as part of application 11/4549N.

RESOLVED – That the request to remove the valuation mechanism within the Unilateral Undertaking be APPROVED.

To consider the above application.

Lorraine Davison (agent on behalf of the applicant) attended the meeting and addressed the Committee on this matter.

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:

1.     A scheme for the provision of 30% affordable housing – 50% to be provided as social rent/affordable rent with 50% shared ownership/homebuy. 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 financial contribution of £314,542 towards improved primary school provision.

3.  A scheme for provision of a Public Open Space to be maintained by a  private management company in perpetuity. The scheme shall include:

·         Timing and delivery of POS and its phasing into the development

·         Long term maintenance and management

And the following conditions:

1.  Standard Time Limit (3 years)

2.  Approved Plans

3.  Submission of Materials

4.  Full details of all surfacing materials

5.  Full Landscaping scheme to be submitted, including details of replacement

     trees/hedgerows and aftercare

6.  Landscaping Implementation

7.  Full details of all boundary treatment. Boundary treatment onto newt mitigation    land shall not be close board fence

8.  Details of Pump Station to be submitted

9.  Submission of 10 year habitat management plan including proposals for    monitoring

10.Implementation of recommendation made by the submitted Protected Species Survey undertaken by CES Ecology.

11. Survey for breeding birds

12. Features for Breeding Birds to be submitted and approved in writing by the LPA

13. Details of newt tunnels to be submitted and agreed in writing by the LPA

14. Parking to be provided prior to first occupation of the dwelling

15. Method Statement for pile driving to be submitted. All piling operations shall be restricted to - Monday – Friday: 09:00 – 17:30 hrs, Saturday: 09:00 – 13:00 hrs, Sunday and Public Holidays: Nil

16. Noise mitigation measures to be carried out in accordance with Acoustic Statement including provisions for ventilation

17. Submission of an Environmental Management Plan (EMP) with respect to the construction phase of the development. The EMP shall identify all potential dust sources and outline suitable mitigation.

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

19. Removal of permitted development rights

20. The development hereby permitted shall not be commenced until such time as; a  ...  view the full minutes text for item 40.

To consider the above application.

Consideration was given to the above application.

RESOLVED – That for the reasons set out in the report, the application be APPROVED subject to the following conditions:

1.    Time limit.

2.    Compliance with the approved plans.

3.    Skips stored on the site shall not exceed a height of 2.5m from ground level.

4.    Submission of full details of the acoustic fencing. Installation and maintenance of the acoustic fencing.

5.    Submission of a landscaping scheme including hedgerow details adjacent to the acoustic fencing.

6.    Implementation of the landscaping scheme.

7.    In addition, submission of a piling method statement to include details of the method, timing and duration of any pile driving operations connected with the construction of the development hereby approved shall be approved in writing by the Local Planning Authority prior to such works taking place and shall be implemented in accordance with the approved details. The hours of any piling shall be restricted to 0900 hours to 1730 hours Monday to Friday, 0900 hours to 1300 hours Saturday with no working on Sundays and Public Holidays.

8.    Submission of a scheme to minimise dust emissions during the demolition/construction stage of the works.

9.    The hours of operation of the business/use hereby approved shall be limited to 0800 hours to 1700 hours on Monday to Friday and 0900 to 1300 on Saturday but at no time on Sundays or Public Holidays.

10. All tipping of waste shall take place within the new building.

11.Implementation of the Noise Action Plan contained within the noise assessment and supplement

(The meeting adjourned at 4.05pm until 4.18 pm for a short break)

To consider the above application.

Ms L Thompson, Planning Officer read out a statement submitted by Mike Hardy (an objector), who was unable to attend the meeting.

Liz Cowdray (agent on behalf of the applicant) attended the meeting and addressed the Committee on this matter.

The Board considered a report, a written update and verbal updates regarding the above planning application.

RESOLVED – That for the reasons set out in the report and in the written update, the application be APPROVED subject to completion of a Legal Agreement to secure the following:-

1.    Provision of 30% affordable housing units – 65% to be provided as

social rent/affordable rent with 35% intermediate tenure.

2.    The provision of Public Open Space with a Private Management Company in perpetuity.

3.    The provision of LEAP play provision with a Private Management Company in perpetuity.

4.    Highways contribution of £300,000 towards off site highways improvements.

5.    Landscape Management Plan.

And subject to a Section 106 Agreement and the following conditions:

1.  Outline – submission of reserved matters time limit.

2.  Appearance Layout and Landscaping Reserved Matters to be submitted.

3.  Approval of Reserved Matters within 3 years.

4.  Drainage Scheme

5.  Surface Water Flooding Scheme

6.  Surface Water Run-Off Scheme

7. Noise Mitigation

8.  Pile Driving

9.  Dust Control

10. Environmental Management Plan

11. Protection for breeding birds

12. Implementation of ecological report

13. Construction of access

14. Visibility splays to be provided

15. No gates

16. Construction of highways including electric vehicle points

17. Protection of highway from mud

18. Construction method statement

19. Bat features

20. Wildlife buffer

21. Tree Retention

22. Tree Protection

23. Travel Plan

24. Contaminated Land

25. Safeguarding measures for Jodrell Bank

26. Design Code

27. Hours of operation

29. Informative protecting amenity for residents of Giantswood Lane

30. Provision of Bin Storage.

To consider the above application.

Councillor Janet Clowes (the Ward Councillor) and Councillor P W Jackson (on behalf of Wybunbury Parish Council) attended the meeting and addressed the Committee on this matter.

RESOLVED – That for the reasons set out in the report and written update, the application be APPROVED subject to conditions and completion of a Deed of Variation to a Section 106 Agreement on application 12/3114N to secure:

1.    Changes to reflect the latest plans, revised application number and any other relevant minor changes to the text.

And the following conditions:

1. Standard Outline

2. Submission of reserved matters

3. Plans

4. No approval for indicative layout

5. Submission / approval and implementation of a scheme to manage the risk of flooding from overland flow of surface water

6. The development shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) from RPS, ref. AAC4908 Issue 3 dated 25/06/2012 and the following mitigation measures detailed within the FRA

7. Submission / approval and implementation of a scheme is agreed to protect the watercourses and ponds on site and to provide a 5 metre wide undeveloped buffer zone around them measured from top of bank. The undeveloped buffer zone scheme shall be free from built development including lighting, domestic gardens and formal landscaping.

8. The watercourse channel and corridor shall be constructed in accordance with a scheme to include the following:

·         plans showing the extent and layout of the undeveloped buffer zone.

·         details of any proposed planting scheme (for example, native species).

·         details demonstrating how the undeveloped buffer zone will be protected during development and managed/maintained over the longer term including adequate financial provision and named body responsible for management plus production of detailed management plan.

·         The proposed river channel and corridor shall be constructed in accordance with a scheme to include the following features:

·         Detailed designs of new watercourse corridor within the site, which is fully integrated as part of overall scheme design, in such as way as to positively contribute to the nature conservation, landscape and amenity value of the site.

·         Plans showing the extent and layout of the undeveloped buffer zone between the new development and the stream.

·         This undeveloped buffer zone shall be a minimum of 5 metres wide measured from bank top. This zone shall be without structure and domestic gardens.

·         Details of planting schemes.

·         Details demonstrating how the buffer zone will be protected during development and managed/maintained over the long term.

9. Reserved matters to make provision for houses to face waterfronts and footpaths

10. The site shall be drained on a total separate system, with only foul drainage connected into the public foul sewerage system. Surface water should discharge to soakaway and or watercourse. No surface water will be allowed to discharge in to the public sewerage system.

11. Submission / approval and implementation of details of Sustainable Drainage Systems (SuDS).

12. The hours of demolition / construction of the development (and associated deliveries to

the site) shall be restricted to:  ...  view the full minutes text for item 43.

To consider the above application.

This item was withdrawn from the agenda prior to the meeting.

The above Neighbourhood Area application has been withdrawn from the agenda.

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

Following the Chairman’s approval to consider this urgent item, the Board considered a report to consider varying the Decision of the Strategic Planning Board of Wednesday 5^th March 2014 as to the provisions of any future S106 Agreement that may be required with respect to application number 13/2874N.

RESOLVED/- That for the reasons set out in the report, APPROVAL be granted to authorise the Borough Solicitor to complete a Section 106 Agreement as set out in the recommendation below:

That the Resolution of the Strategic Planning Board of Wednesday 5^th March 2014 relating to the provisions of any future S106 Agreement that may be required be varied in respect of the build cost to construct a new 1 form entry primary school which shall be amended from £1,713,714.00 to £3,224,893.00.