Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors Mrs Rachel Bailey, Mrs L Durham, S McGrory, Mrs S Pochin and G Walton.

Councillor J Wray gave his apologies for the morning session but would be present for the afternoon session.

In the interest of openness in respect of applications 14/5615N, 15/1552N and 15/0553N, Councillor J Hammond declared that he was a Director of ANSA Environmental Services who had been a consultee on the application, however ANSA had no interest in the applications other than as a consultee and he had not made any comments on the applications or taken part in any discussions.

In respect of application 15/1552N, Councillor S Edgar declared that he had pre determined the application and would leave the room prior to consideration of the application.

In the interest of openness Councillor D Hough declared that he was a Director of TSS who were responsible for the administration of bus stops, pointing out that one or more of the applications made reference to the provision of bus stops but he had not discussed this with anyone at TSS.

In the interest of openness in respect of application 15/2256M, Councillor B Burkhill declared that he had been in contact with local residents in relation to the application, however he had not made any comments and had come to the meeting with an open mind.

It was noted that the majority of Members on the Board had received correspondence in respect of application 15/1541C.

RESOLVED

That the minutes be approved as a correct record and signed by the Chairman subject to condition 30 in respect of application 14/5654N being amended to include the following sentence:-

‘Parking for outside events to be in the car parks to the existing marquee’.

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.

Consideration was given to the above application.

(Councillor P Bates, the Ward Councillor, Town Councillor Anna Morrison, representing Congleton Town Council, Peter Minshull, representing Congleton Sustainability Group, Bill Davidson, agent for the applicant and Jonathan Seddon, 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 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.

2.The proposal would result in loss of the best and most versatile agricultural land. 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.The proposed residential development, by virtue of the adverse impact that the proposals would have on the local landscape character within a historic finger of countryside close to the town centre and failing to recognise the intrinsic character and beauty of this site is contrary to Policies GR5, GR3 of the Congleton Borough Adopted Local Plan First Review 2005 and policies SE4, SE5 and SE6 of the emerging Cheshire East Local Plan Strategy – Submission Version and the provisions of Paragraph 17 of the National Planning Policy Framework. 

In addition, Members wanted the refusal notice to include an informative expressing their concern about highways issues making it clear that, based on the Highways Officer’s advice, this was not a reason for refusal.

(This decision was contrary to the Officer’s recommendation of approval).

(During consideration of the application, Councillor J Wray arrived to the meeting, however he did not take part in the debate or vote on the application).

To consider the above report.

Consideration was given to the above report.  In the light of the decision made by Members in respect of application 14/4938C, the recommendation was amended to state that the appeal should be continued to be fought on the following grounds:-

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.

2.The proposal would result in loss of the best and most versatile agricultural land. 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.The proposed residential development, by virtue of the adverse impact that the proposals would have on the local landscape character within a historic finger of countryside close to the town centre and failing to recognise the intrinsic character and beauty of this site is contrary to Policies GR5, GR3 of the Congleton Borough Adopted Local Plan First Review 2005 and policies SE4, SE5 and SE6 of the emerging Cheshire East Local Plan Strategy – Submission Version and the provisions of Paragraph 17 of the National Planning Policy Framework.

And that reason number 4 be withdrawn.

(Peter Minshull representing Congleton Sustainability Group attended the meeting and spoke in respect of the application).

RESOLVED

That the forthcoming appeal be contested on the following grounds:-

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.

2.The proposal would result in loss of the best and most versatile agricultural land. 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.The proposed residential development, by virtue of the adverse impact that the proposals would have on the local landscape character within a historic finger of countryside close to the town centre and failing to recognise the intrinsic character and beauty of this site is contrary to Policies GR5, GR3 of the Congleton Borough Adopted Local Plan First Review 2005 and policies SE4,  ...  view the full minutes text for item 32.

To consider the above application.

Consideration was given to the above application.

(Councillor S Davies, the Ward Councillor and Kate Fitzgerald, 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 a verbal update to the Board the application be approved subject to the completion of a Section 106 Legal Agreement securing the following:-

1.         A scheme for the provision of 30% affordable housing – 65% to be provided as social rent/affordable rent with 35% intermediate tenure. 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. Provision of Public Open Space and an outdoor fitness area (12 pieces of equipment) to be maintained by a private management company in perpetuity

3. Secondary School Education Contribution of £163,426.90

And subject to the following conditions:-

1.         Standard Outline

2.         Submission of Reserved Matters – Landscaping to include a landscape belt along the road frontage

3.         Time limit for submission of reserved matters

4.         Approved Plans

5.         Details of existing and proposed land levels to be submitted for approval in writing

6.         Contaminated land

7.         Construction Management Plan for the construction phase of development

8.         Dust Control

9.         Compliance with the submitted Flood Risk Assessment

10.       Undeveloped buffer of 8 metres along the River Weaver

11.       Submission of a surface water drainage scheme

12.       Submission of a scheme of management of overland flow

13.       Reserved matters allocation to be supported by an updated badger survey and mitigation method statement.

14.       Submission of detailed proposals for the creation of species rich grassland within the country park area which includes the results of soil resting to identify current nutrient levels.

15.       Submission of detailed habitat management proposals.

16.       The reserved matters application to include replacement hedgerow planting

17.       Reserved matters application to include an Arboricultural Impact Assessment

18.       No development shall take place within the application area until the applicant, or their agents or successors in title, has agreed a programme of archaeological mitigation in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority. The work shall be carried out strictly in accordance with the approved scheme.

In order to give proper effect to the Board`s intentions and without changing the substance of the decision, authority is delegated to the  ...  view the full minutes text for item 33.

To consider the above application.

Consideration was given to the above application.

RESOLVED

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

(1)       An appropriate Deed under s106 to continue the management of nature conservation land in accordance with an approved habitats and fisheries management plan for a period until 12th December 2020.

(2)       Planning conditions covering in particular: - 

All the conditions attached to permission 7/P05/0217 unless amended by those below;

Approved plans;

Completion of the restoration works by August 2019; and

Implementation of the mitigation identified in the ecological surveys

Protection of breeding birds

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 Head of Planning (Regulation) 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 Head of Planning (Regulation) 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 from 1.00pn until 1.45pm for lunch).

To consider the above application.

Consideration was given to the above application.

(Parish Councillor John Cornell 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 Policies NE.2 (Open Countryside), NE.12 (Agricultural Land Quality) and RES.5 (Housing in the Open Countryside) of the Crewe and Nantwich Replacement Local Plan, 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 creates harm to interests of acknowledged importance.

2.         The proposal would result in loss of the best and most versatile agricultural land. The use of the best and most versatile agricultural land is unsustainable and contrary to Policy NE.12 of the Borough of Crewe and Nantwich Replacement Local plan 2011 and the provisions of the National Planning Policy Framework.

3.         The scale of this development would exceed the spatial distribution for Weston and would not respect the scale of Weston which is at the lowest tier of the settlement hierarchy. The development would be contrary to Policies PG2 and PG6 of the Cheshire East Local Plan Strategy - Submission Version.

4.         The application site is adjacent to a known landfill site and as a result the land has the potential to be contaminated and there may be ground gas being generated on this site. Insufficient information has been submitted with the application in relation to gas risk and as a result it is not possible to determine whether there will be an adverse effect from pollution on the health of the future occupiers of the proposed development. The development is therefore contrary to Paragraph 120 of the NPPF and Policy BE.6 of the Borough of Crewe and Nantwich Replacement Local Plan 2011.

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

Should the application be subject to an appeal, the following Heads of Terms should be secured as part of any S106 Agreement:

1. A scheme for the provision of 30% affordable housing – 65% to be provided as social rent/affordable rent with 35% intermediate tenure. 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  ...  view the full minutes text for item 35.

To consider the above application.

Consideration was given to the above application.

(Mr Jonathan Howell, an objector and Paul Emms, 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 verbal update to the Board the application be approved subject to the completion of a Section 106 Agreement securing the following:-

•           1770 sqm shared recreational open space and 2360 sqm shared children’s play space

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

•           Education Contribution-  £227,772.09 primary education; £245,140.35 secondary education Total = £472,912.44

•           Highways contribution of 25k for the TRO’s and consultation.

And subject to the following Conditions:-

1.         Standard Time limit

2.         Standard Outline

3.         Submission of Reserved Matters

4.         Approved Plans

5.         Submission, approval and implementation of details of existing and proposed ground levels

6.         Submission, approval and implementation of details of materials

7.         Submission, approval and implementation of scheme of sustainable surface water drainage

8.         Submission, approval and implementation of scheme of foul water drainage

9.         Surface water must drain separate from the foul and no surface water will be permitted to discharge directly or indirectly into existing sewerage systems.

10.       Submission, approval and implementation of Phase II contaminated land investigation

11.       Submission, approval and implementation of Environmental (Construction) Management Plan

12.       Submission, approval and implementation of Travel Plan

13.       Submission, approval and implementation of electric vehicle infrastructure

14.       Piling Method Statement to be submitted

15.       Restriction on hours of piling

16.       Hours of construction

17.       Details of Lighting to be submitted

18.       Noise Mitigation to be submitted

19.       Submission, approval and implementation of features for use by breeding birds

20.       Reserved Matters to make provision for retention of hedges and replacement hedge replanting

21.       Submission, approval of scheme of tree protection

22.       Implementation of tree protection

23.       Arboricultural Survey with each reserved matters

24.       Submission, approval and implementation of open space scheme with first reserved matters

25.       Submission, approval and implementation of maintenance plan for open space

26.       Submission, approval and implementation of scheme of bin storage

27.       Submission, approval and implementation of details of boundary treatment

28.       Amendment to framework plan / indicative layout to accommodate veteran tree T14 in open space and to afford tree T16 sufficient separation to avoid conflict .

29.       The diversion of Footpath FP2 from Field’s Farm level crossing to the adjacent underpass shall be carried out prior to commencement of development.  (Grampian Condition)

30.       any future reserved matters application be supported by an updated protected species assessment and mitigation proposals.

31.       implementation of a scheme of traffic management on Welsh Row prior to commencement.  (Grampian Condition)

32.       Affordable housing condition which

•           secures 30% of the dwellings as affordable in perpetuity and 65% as social or affordable rent and 35% as intermediate tenure.

•           requires them to transfer any rented affordable units to a Registered Provider

•           provide details of when the affordable  ...  view the full minutes text for item 36.

To consider the above application.

Consideration was given to the above application.

(Councillor L Gilbert, the Ward Councillor and Niall Mellan, the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That the application be deferred in order for further discussions to take place regarding the layout and pepper potting of the affordable housing and for consideration to be given to the potential for a small area of public parking to be provided on site or implementation of waiting restrictions on the access road.

(This decision was contrary to the Officer’s recommendation of approval).

To consider the above application.

Consideration was given to the above application.

(Colm Ryan, 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 a verbal update to the Board the application be approved subject to the following conditions:-

1.         Time

2.         Plans

3.         Materials as per application

4.         Landscaping – Implementation

5.         Provision of an undeveloped 15m buffer between the proposed development and the boundary of the woodland

6.         Prior approval of a detailed assessment and mitigation of the potential impacts of the proposed development upon ‘Other’ protected species

7.         Prior approval of security fence details - including 200m gap at base

8.         Prior approval of an updated management plan to include details of a suitable cutting and grazing regime designed to maximise the botanical value of the grassland habitats. To be implemented for lifetime of solar farm

9.         Tree protection

10.       Flood Risk Assessment – Implementation

11.       HGV Movements – 10 per day

12.       Submission of a Construction Management Plan

In order to give proper effect to the Board`s intentions and without changing the substance of the decision, authority is delegated to the Planning Manager (Regulation) in consultation with the Chairman (or in his absence the Vice Chairman) of the Strategic Planning Board and Ward Member, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

(The meeting adjourned for a short break).

To consider the above application.

Consideration was given to the above application.

(Councillor D Mahon, the Ward Councillor, Matthew Handley, an objector, Michael Al-Iskalachi, an objector and Mrs Alison Heine, 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 written update to the Board the application be approved subject to the following conditions:-

1.         Development in accord with approved plans

2.         Submission of landscape screening scheme with planting to include evergreen species and semi mature tree planting

3.         Development in accordance with Great Crested Newt Method Statement

4.         Commencement of development (3 years)

5.         Landscaping screening (implementation)

6.         Details of materials and colour of the water tanks to be submitted

7.         Materials for glass house and heat store as specified in the application

8.         Up-dated Badger Survey to be submitted

9.         Breeding birds

10.       Delivery Management Plan

11.       Hours of construction (and associated deliveries)

12.       No coniferous trees

13.       Details of proposals for disposal of surface water (including a scheme for the on-site storage and regulated discharge) to be submitted and approved prior to commencement.

14.       Establishment of a Liaison Group to include the  Ward Councillors from Cheshire east Council and Stockport MBC.

15.       No lighting to be used in the glass house during hours of darkness

In addition informatives were to be included on the following:-

Use of cranes (if used)

Contaminated land

Public Rights Of Way

Paragraphs 186 and 187 of the NPPF

(During consideration of the application, Councillor S Edgar left the meeting and did not return).

To consider the above report.

Consideration was given to the above report.

RESOLVED

That the Section 106 Agreement remove Schedule 6 Clause 12, and replace with an updated clause about how the Management Company would be set up and maintained in perpetuity.

To consider the above report.

Consideration was given to the above report.

RESOLVED

That the report be noted.