Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received form Councillors D Brickhill, D Brown and Mrs J Jackson.

In the interest of openness in respect of application 14/4212C, Councillor J Hammond declared that he was a Director of Ansa Environmental Services Ltd who were a consultee on the application, however he had not had any discussions or involvement in the application.

In the interest of openness in respect of the same application, Councillor S Hogben also declared that he was a Director of Ansa Environmental Services Ltd who were a consultee on the application, however he had not had any discussions or involvement in the application.

In the interest of openness in respect of application 14/3039N, Councillor S Hogben declared that he was a member of Shavington-cum-Gresty Parish Council.

In the interest of openness in respect of applications 14/4212C and 14/4218C, Councillor J Wray declared that he had attended a presentation made by the applicant but he had not made any comments in respect of the applciations.

It was noted that the majority of Members had received correspondence in respect of some of the applications on the agenda as well as a telephone call in respect of one of the applications on the agenda.

RESOLVED

That the minutes of the meeting held on 12 November 2104 be approved as a correct record and signed by the Vice 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 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

RESOLVED

That the public speaking procedure be noted.

To consider the above application.

(During consideration of the application, Councillor D Hough 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.

(Parish Councillor Fox, representing Handforth Parish Council, Dr Small, an objector and Kerren Phillips, 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 verbal update to Board the application be approved subject to the completion of a Section 106 Agreement securing the following Heads of Terms:-

•           Individual travel plans for close care cottages and apartments and care beds

•           Travel plan monitoring fee

•           Operational plan to be submitted

•           Financial contribution of £86,000 towards Handforth Woodland Enhancement Project

And subject to the following conditions:-

1.         A01AP           Development in accord with approved plans

2.         A32HA           Submission of construction method statement

3.         A22GR           Protection from noise during construction (hours of construction)

4.         A23GR           Pile Driving

5.         Details of landscaping (reserved matters) to be submitted

6.         Time limit for reserved matters

7.         Time limit (implementation)

8.         Samples of materials to be submitted

9.         Foul and surface water drainage details to be submitted

10.       Boundary treatment details to be submitted

11.       Arboricultural method method statement to be submitted

12.       Retention of hedges

13.       Details of external lighting to be submitted

14.       Details of refuse facilities to be submitted

15.       Assessment report of traffic noise and scheme of sound insulation measures to be submitted

16.       Cycle parking facilities to be provided

17.       Footpath and cycleway details to be submitted

18.       Scheme to secure energy from decentralised and renewable energy sources to be submitted

19.       Incorporation of features for roosting bats and breeding birds

20.       Great Crested Newt mitigation works to be carried out

21.       Additional contaminated land site investigation to be carried out and submitted

22.       Updated badger survey to be submitted

23.       Breeding birds survey to be submitted

24.       Landscape and Habitat Management Plan to be submitted

It was noted that consultation would take place with the relevant Ward

Councillor(s) in respect of pile driving, the construction method statement and

hours of construction.

To consider the above application.

Consideration was given to the above application.

(Bernadette McQuillan, representing 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 written update to Board the authority be delegated to the Head of Strategic and Economic Planning, in consultation with the Chairman or Vice Chairman of the Strategic Planning Board, to approve the application subject to:-

•           Completion of a wintering bird survey and no objection being raised by the Council’s Ecologist or Natural England

And subject to the following conditions:-

1. Approved Plans

2. Materials to be submitted and approved

3. Landscaping details to be submitted to the LPA for approval in writing (including land levels for the proposed POS)

4. Implementation of the approved landscape scheme

5. Boundary treatment to be submitted and approved

6. The proposed development to proceed in strict accordance with the submitted Survey & Outline Mitigation strategy produced by Urban Green.

7. Breeding Birds Timing of Works

8. Provision of Breeding Bird Nest Boxes

9. Bin storage details for the apartments

10. Cycle storage details for the apartments

11. Submission of a revised tree protection scheme and arboricultural method statement

12. Method Statement for works within the RPA’s to be submitted and approved

13. Details of surfacing materials within the RPA’s to be submitted and approved

14. Construction Site Management Plan for trees to be submitted and approved

15. Construction Site Management Plan to be submitted and approved

16. Existing and proposed land levels within the RPAs of the retained trees to be submitted and approved

17. Retention of existing hedgerows

18. Surface Water Drainage Details to be submitted and approved

19. Prior to first development the developer will provide a construction management plan to the LPA for approval in writing

20. Prior to first occupation the priority controlled junction with the A533 will be completed.

21. Prior to first development the developer will provide detailed design and construction plans for the internal highway infrastructure and the proposed junction with the A534.

22. Submission of an amended plan for the adoptable layout

23. Diversion of the PROW

In order to give proper effect to the Board`s intentions and without changing the substance of the decision, authority is delegated to the Principal Planning Manager in consultation with the Chairman (or in his absence the Vice Chairman) of 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.

In addition two informatives were also suggested.

To consider the above application.

Consideration was given to the above application.

(Bernadette McQuillan 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 completion of a Section 106 legal agreement/deed of variation to secure the same Heads of Terms as application 09/2083C

1. a) Affordable housing provision of 16% - to be provided on site.  The housing is to be provided based on 33% social rented and 67% intermediate/shared ownership, and to be provided in a variety of unit sizes to meet local requirements, in accordance with the scheme to be agreed at the Reserved Matters stage.  The affordable housing to be ‘tenure blind’ and pepper potted throughout the site, subject to RSL operational requirements.

1. b) An overage clause which provides for the current viability calculations to be reviewed at appropriate intervals before completion of the development and for the figure of 16% to be increased if the economics of provision improve either by increased on site provision or by financial contribution in lieu.

2. The following contributions:-

A533/A54 Leadsmithy St, Middlewich:-   £170,000

A533/A534 The Hill/High St/Old Mill Rd/Brookhouse Rd roundabout, Sandbach  £197,000

£190,000 to be spent either on Junction 17 of the M6 or the Middlewich bypass whichever comes forward first (the decision regarding allocation of this contribution to be delegated to the Head of Planning and Housing, in consultation with the Chairman)

Quality partnership bus shelters £25,000

Real Time Information facility, Sandbach Rail Station £20,000

Travel Plan facilities and targets £38,000

Education contribution - £100,000

3. Provision for public open space to serve the whole of the development to be agreed with the Council when details of layout are submitted for approval. This must secure the provision and future management of children’s play areas and amenity greenspace in accordance with quantitative and qualitative standards contained in the Council’s policy documents including the Congleton Borough Local Plan First Review SPG1 and it’s Interim Policy Note for the Provision of Public Open Space 2008. Submitted details must include the location, grading, drainage, layout, landscape, fencing, seeding and planting of the proposed public open space, transfer to and future maintenance by a private management company.

And subject to the following conditions:-

1.Standard outline

2.Submission of reserved matters

3. Approved Plans – location and zoning

4.Notwithstanding detail shown – no approval of indicative residential

masterplan.

5.Submission of Landscape Design principles

6.Submission of Landscape framework as amended by this report

7.Submission of Landscape and ecological management plan as amended by this report

8.Retention of trees and hedgerows

9.Submission of Arboricultural Impact Assessment

10.Submission of Arboricultural Method Statement

11.          Submission of Comprehensive tree protection measures

12.       Submission of assessments under the Hedgerow Regulations with each reserved matters application, for any hedgerows to be removed as part of that phase of development.

13.          Submission of topographical survey as part of reserved matters.

14.          geophysical survey in order to establish the need, if any, for further archaeological mitigation and  ...  view the full minutes text for item 88.

To consider the above application.

(During consideration of the application, Councillor Mrs R Bailey arrived to the meeting, however she did not take part in the debate or vote on the application).

Consideration was given to the above application.

(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 Principal Planning Manager on behalf of Councillor Mrs J Clowes, the Ward Councillor).

RESOLVED

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

1.         Plans

2.         Implementation of landscaping

3.         Tree retention

4.         Obscure glazing (First-floor side elevations on plots – 27, 32, 33, 35, 45, 48, 79, 80, 83, 114, 125, 157, 162, 166, 174, 179, 180 & 181)

5.         Removal of Permitted Development Rights (Part 1 - Classes A-E)

6.         Implementation of Protected Species Mitigation method statement prepared by TEP dates September 2014.

7.         Submission / approval of detailed design of additional ponds

8.         Submission / approval of scheme for the safeguarding of existing ponds and hedgerows during the construction process.

9.         Submission / approval of method statement for the creation of meadow/wildflower grassland.

10.       Implementation of submitted management plan (version 2)

11.       Submission / approval of proposals for the provision of amphibian hibernacula within the habitat area.

In the event of any changes being needed to the wording of the Strategic Planning 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 Principal Planning 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.

It was noted that consultation would take place with the relevant Ward

Councillor(s) in respect of pile driving, the construction method statement and

hours of construction.

(Councillors P Hoyland and D Newton left the meeting and did not return).

To consider the above application.

Consideration was given to the above application.

(Councillor S Davies, the Ward Councillor, Parish Councillor Joe Briggs, Chairman of Marbury and District Parish Council, Parish Councillor Jack McEvoy, Chairman of Wrenbury Parish Council, Oliver Lowe, representing Marbury Solar Supporters’, Graham Walsh, representing Residents Against Marbury Solar, RAMS, Philip Kenyon, an objector, Ross Evans, a supporter, Richard Evans, a supporter and Simon Newall, the agent for the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That the application be refused for the following reason:-

1.         The development of the proposed solar park would have a significant adverse impact on the landscape character of the site. In particular the views from the South Cheshire Way on the southern boundary of the site and Footpath 16 Norbury, following the route of the Llangollen Branch of the Shropshire Union canal to the north. This adverse impact significantly and demonstrably outweighs the benefits of the scheme in terms of renewable energy production. The proposal is therefore contrary to paragraph 98 of the NPPF and Policies NE.2, NE.11 and NE.19 of the Borough of Crewe and Nantwich Replacement Local Plan 2011.

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 Principal Planning 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 Principal Planning 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 consider the above application.

Consideration was given to the above application.

(Graham Walsh, representing Residents Against Marbury Solar, RAMS and Philip Kenyon, an objector attended the meeting and spoke in respect of the application.

RESOLVED

That the application be refused for the following reason:-

1.            The development of the proposed solar park substation and distribution network operator substation is within Open Countryside and is contrary to the requirements of Policy NE.2 of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and Policy PG 5 of the Cheshire East Development Strategy – Submission Version. This is by virtue of the introduction of buildings into the open countryside that are not required for the purposes of agriculture , forestry or outdoor recreation.

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 Principal Planning 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 Principal Planning 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 adjourned for a short break.  Prior to consideration of the following item, Councillor H Davenport left the meeting and did not return and Councillor G Walton took over the Chair for the remainder of the meeting).

To consider the above application.

Consideration was given to the above application.

(Parish Councillor Geoff Seddon, representing Audlem Parish Council, Steve Amies, representing Heathfield Road Residents’ Association, Heather Jones, an objector speaking on behalf of Audlem Medical Practice, Shaughna Warburton, an objector and Mr Goodwin, 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 the application be approved subject to the completion of a Section 106 Agreement securing the following Heads of Terms:-

•           Contribution of £25,000 to health care provision,

•           £49,028 to secondary education,

•           Provision of public open space to be transferred to a Management Company

And subject to the following conditions:-

1.         Commencement

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

3.         Approved plans

4.         Submission of a Phase II Contaminated Land Survey

5.         Submission and approval of a construction management plan including any piling operations and a construction compound within the site

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

7.         The access shall be completed prior to commencement of development

8.         Submission of drainage scheme to include foul and surface water

9.         Tree and hedgerow protection measures

10.       Breeding bird survey for works in the nesting season

11.       Reserved matters to include details of boundary treatments

12.       Reserved matters to include details of bat and bird boxes

13.       Reserved matters to include details of existing and proposed levels

14.       Reserved matters to include details of bin/cycle storage

15.       Reserved matters to include a single electric vehicle charging point for each dwelling

16.       The proposed dwellings of two-storey or less, with a maximum ridge height of 8 metres

17.       Provision of 30% affordable housing

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 Principal Planning 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 Principal Planning 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.

(Prior to consideration of the following item, Councillors Mrs O Hunter and B Murphy left the meeting and did not return).

To consider the above report.

Consideration was given to the above report.

RESOLVED

That for the reasons set out in the report the reasons for refusal in respect of open countryside, housing land supply, important hedges, highways and landscape be withdrawn and the Principal Planning Manager be instructed not to contest the issues at the forthcoming public inquiry and the forthcoming public inquiry and therefore due to in the specific circumstances in this case no evidence to the Inquiry be provided.

That the Council enter into a Section 106 in respect of the forthcoming Appeal to secure the Heads of Terms set out below.

•           Affordable housing:

•           30% of all dwellings to be affordable (65% social or affordable rented and 35% intermediate tenure)

•           A mix of 1, 2 , 3 bedroom and other sized  properties to be determined at reserved matters

•           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.

•           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).

•           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.

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

•           Provision of minimum of 1680m2sqm and of shared recreational open space and  children’s play space to include a LEAP with 5 pieces of equipment

•           Private residents management company to maintain all on-site open space, including footpaths and habitat creation area  in perpetuity

•           Commuted Sum (to be negotiated)  towards improvement of the Waggon and Horses Junction and the improvements at Barn Road roundabout or other measures that will provide similar congestion relief benefits to the A34 corridor through Congleton – amount to be confirmed

•           Commuted sum of £40000 to upgrade existing Puffin Crossing to Toucan Crossing

•           Commuted Sum payment in lieu of health related provision in accordance with the NHS Health Delivery Plan for Congleton of £68,000.

(Prior to consideration of the following item, Councillor B Burkhill and S Hogben left the meeting and did not return).

To consider the above report.

Consideration was given to the above report.

RESOLVED

That for the reasons set out in the report the proposed changes to the affordable housing element of the s106 legal agreement be agreed as follows:-

A scheme for the provision of 10% affordable housing with 65% to be rented and 35% intermediate (all affordable units to be intermediate if proof that no Registered Provider will take the rented units after at least six months of marketing).  The scheme shall include:

- The numbers, type 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.

To consider the above report.

Consideration was given to the above application.

RESOLVED

That the report be noted.