Agenda and minutes

To receive any apologies for absence.

Apologies were received from Councillors H Gaddum and S McGrory.

In the interest of openness in respect of application 15/4480C Councillor J Hammond declared that he was a member of the Cheshire Wildlife Trust who had been a consultee and that he had not made any comments on the application or taken part in any discussions.

Councillor D Brown declared that as the Highways and Infrastructure Portfolio Holder he had pre-determined application 15/4480C and would, therefore, speak as the Ward Member and would withdraw from the meeting and take no part in the discussions or voting on this application.

In the interest of openness Councillor S Pochin declared that with regard to application number 16/2006C she no longer has any links with Pochin Developments Ltd as her husband is no longer an employee.

That the minutes of the meeting held on 18^th May 2016 be approved as a correct record and signed by the Chairman.

A total period of 5 minutes is allocated for each of the planning applications for the following:

·         Ward Councillors who are not members of the Strategic Planning Board

·         The relevant Town/Parish Council

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

·         Objectors

·         Supporters

·         Applicants

The Chairman announced that as application 15/4480C is a long ribbon road development, passing through four Wards and seven Parish Councils, he had agreed to extend the speaking time as an exception, in accordance with paragraph 2.8 of the public speaking rights at Strategic Planning Board and Planning Committee meetings, as follows:

·         Ward Members – 5 minutes per Ward

·         Neighbouring Ward Members – 3 minutes each per Ward Member

·         Parish Council – 3 minutes per Parish Council

·         Objectors – Up to 2 minutes each, depending on the numbers wishing to speak

·         Supporters – Up to 2 minutes each, depending on the numbers wishing to speak

·         Applicant/Agent – 5 minutes

To consider the above application.

(Councillor L Smetham (Ward Member), Councillor G Baggott (Neighbouring Ward Member, Councillor D Brown (Neighbouring Ward Member), Councillor G Bell (on behalf of Somerford Parish Council), Councillor A Martin (on behalf of Congleton Town Council), Kenneth Armstrong (Objector), Jean Perry (Objector), Peter White (Objector) and Martin Davis and Paul Griffiths, Jacobs (On behalf of the Applicant) attended the meeting and spoke in respect of the application)

Prior to consideration of this application, as stated in his declaration, Councillor D Brown spoke as the Neighbouring Ward Member, then left the meeting and did not take part in the debate or voting and returned following consideration of the application.

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

RESOLVED

That for the reasons set out in the report the Board be MINDED TO APPROVE subject to referral to the Secretary of State and that further mitigation to supplement the acoustic  measures be instigated for Back Lane residents in accordance with submitted environmental statements  to ensure best possible measures are achieved be delegated to the Chairman in discussion with the Head of Planning (Regulation) and subject to the following conditions:

1.    Development to commence within 3 years.

2.    Development to be in accordance with the approved plans and documents

3.    Development in accordance with Environmental Statement.

4.    Details of materials for structures, lighting columns and fencing.

5.    Further details of bridges, structures, underpasses, bridge wing walls, abutments and crossings.

6.    Full construction details of proposed pedestrian and cycleway, footpaths and bridleways.

7.    Lighting details (permanent)

8.    Flood risk / drainage and contamination

9.    Foul and surface water drainage in accordance with submitted details. Development in accordance with Flood Risk Assessment and Drainage Strategy Report.

10. Off site highway mitigation/improvement schemes at Eaton, Pagdbury Lane and Wallhill to be implemented prior to the opening of the link road.  Improvement schemes to be subject to a programme of consultation to include Ward Members and Parish Councils

Landscaping and Trees

11.Landscaping scheme (note to include planting hedgerows so there is no net loss).  The scheme should be subject to consultation with Ward Councillors.

12.  Landscaping implementation

13.  Tree and hedgerow retention

14.  Tree protection

15.  Tree pruning / felling specification

Construction

16.  Environmental Management Plan. The plan shall address the environmental impact in respect of air quality and noise on existing residents during the demolition and construction phase. In particular the plan shall show mitigation measures in respect of;

17.  Noise and disturbance during the construction phase including piling techniques, vibration and noise limits, monitoring methodology, screening, a detailed specification of plant and equipment to be used and construction traffic routes;

18.  Waste Management: There shall be no burning of materials on site during demolition / construction

19.  Dust generation caused by construction activities and proposed mitigation methodology.

20.  Details of the phased occupation of the site to protect new occupants. The Environmental Management Plan above shall be implemented and in force during the construction phase of  ...  view the full minutes text for item 16.

To consider the above application.

(The Head of Planning (Regulation)) read out a statement from Councillor S McGrory (Ward Councillor) who was unable to attend the meeting and

Colonel R Goodwin, Jacobs (On behalf of the Applicant) attended the meeting and spoke in respect of the application)

The Board considered a report and a written update regarding the above application.

RESOLVED

That for the reasons set out in the report the application for variation of conditions be APPROVED subject to the following conditions:

1. The development hereby approved shall be implemented as follows:

Phase 1: the bypass

Phase 2: The remainder of the development (including unit 101) or part thereof.

2. The approval of reserved matters relating to the landscaping of the Phase 1 development shall be submitted to the Local Planning Authority before the expiration of five years from the date of the permission reference 11/0899C (granted 11 July 2011).  The landscaping shall be carried out in accordance with the approved plans.

The approved landscaping works shall commence within 9 months of the commencement of the Phase 1 development; and shall be substantially completed within 9 months of the substantial completion of the Phase 1 development.

Any trees or plants within the approved advance landscaping scheme which, within a period of 5 years from the completion of the development die, are removed or become seriously damaged, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation.

3. The Phase 1 development hereby approved shall be commenced before the expiration of five years from the date of this permission reference 11/0899C (granted on 11 July 2011), or before three years from the date of the approval of the last reserved matters to be approved for this phase, whichever is the later.

4. Approval of the details of the layout, scale and appearance of the buildings, the means of access thereto and the landscaping of the phase 2 development or part thereof (hereinafter called “the Phase 2 reserved matters”) shall be obtained from the Local Planning Authority in writing before the development of Phase 2 is commenced.

5. Application for approval of the Phase 2 reserved matters shall be made to the Local Planning Authority before the expiration of ten years from the date of this permission.

6. The Phase 2 development hereby approved shall be commenced before the expiration of ten years from the date of permission reference 11/0899C (granted on 11 July 2011), or before the expiration of two years from the date of approval of the last reserved matters to be approved for this phase, whichever is the earlier.

7. None of the buildings hereby approved, shall be occupied until the whole of the Middlewich Eastern bypass has been opened to traffic.

8. Prior to the commencement of each phase of the development hereby approved, a scheme for the protection of those trees proposed to be retained, shall be submitted to and approved in writing by the Local Planning Authority.  The approved tree protection scheme  ...  view the full minutes text for item 17.