Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received form Councillors J Macrae and M Sewart.

In respect of applications 16/0138M, 16/0802M, 16/3284M and 16/5678M, Councillor G Merry made a general declaration on behalf of the Board that the land involved in all of the applications was owned by Cheshire East Council.  In addition it was noted that Members of the Board had received correspondence from the Emerson Group and CPG.

In the interest of openness in respect of application 17/0510M, Councillor J Hammond declared that he was a member of the RSPB who were a consultee, however he had not commented on the application nor had he discussed it.

In the interest of openness in respect of application 17/0510M, Councillor L Smetham declared that she was a member of the RSPB who were a consultee, however she had not commented on the application nor had she discussed it.

To approve the minutes of the meeting held on 19 April 2017 as a correct record.

RESOLVED

That the minutes of the meeting held on 3 May 2017 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

RESOLVED

That the public speaking procedure be noted.

To consider the above application.

Consideration was given to the above application.  The Officer reported at the meeting that the proposal no longer included a gym or a hotel and reference to these needed to be removed from the description of the development.

(Nick Lee, representing NJL Consulting and Gary Halman, representing the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That the application be approved subject to subject to referral to the Secretary of State, subject to the completion of a Section 106 Agreement securing the following planning obligations,

•         Financial contribution of £180,000 towards replacement woodland habitat planting (for set up costs, woodland creation and 30 years of management and maintenance costs).

•         Financial contribution of £10,000 for travel plan monitoring

•         Local Employment Agreement

•         Financial contribution of £2m towards proposed improvements to Castlegate, Castle Street and Exchange Street (or other schemes identified by the Council)

•         Relocation restriction on existing retailers

And subject to the following conditions:-

1.       Submission of reserved matters

2.       Time limit for submission of reserved matters

3.       Commencement of development

4.       Development in accord with approved plans

5.       Materials as application

6.       No subdivision of retail units

7.       Net sales areas not to exceed those set out in application

8.       Class A1 retail floorspace restricted to comparison goods only

9.       Waste management plan to be submitted

10.     Details of the improvements to the Coppice Way roundabout to be submitted and implemented

11.     Details of the improvements to site access to be submitted and implemented

12.     Details of the improvements to the footway link at the southern end of Earl Road leading to the southern retail park, and improvements to FP80 to the north of the site to be submitted and implemented

13.     Details of crossing for Handforth Brook to be submitted

14.     Details of cycle stores to be submitted

15.     Travel Plan to be submitted

16.     Electric vehicle charging points to be provided

17.     Remediation strategy to be submitted

18.     Imported soil to be tested for contamination

19.     Intrusive Radiological Survey Monitoring Protocol/Risk Assessment and supplementary commentary by Radman should be followed throughout the course of the development

20.     Unforeseen contamination – notify LPA

21.     Details of the design and monitoring of the brown roof to be submitted and agreed

22.     Updated badger survey to be submitted

23.     Foul and surface water to be drained on separate systems

24.     Surface water drainage scheme to be submitted

25.     Management and maintenance regime for Sustainable Drainage Systems to be submitted

In addition that due to the scale and nature of the proposal, and its out of town location, the application will need to be referred to the Secretary of State under the requirements of The Town and Country Planning (Consultation) (England) Direction 2009: circular 02/2009. 

Councillor S Hogben requested a recorded vote for this application.

The voting was as follows:-

In Favour                                   Against                                  

Councillor G Merry                      Councillor T Fox

Councillor J Hammond                 Councillor S Hogben

Councillor B Burkhill                     Councillor D Hough

Councillor S Edgar  ...  view the full minutes text for item 5.

To consider the above application.

Consideration was given to the above application.  As a result of the decision on the previous application the Officer informed the Board that the recommendation of refusal would now be one of approval.

(Gary Halman, representing the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That for the verbal reasons provided by the Officer the application be approved subject to referral to the Secretary of State, subject to completion of a Section 106 Agreement securing the following:-

•       Financial contribution of £66,000 towards replacement woodland habitat planting (for set up costs, woodland creation and 30 years of management and maintenance costs).

•       Financial contribution of £5,000 for travel plan monitoring

•       Local Employment Agreement

And subject to the following conditions:-

1.       Submission of reserved matters

2.       Time limit for submission of reserved matters

3.       Commencement of development

4.       Development in accord with approved plans

5.       Materials as application

6.       No permitted change to Class A1 use

7.       Waste management plan to be submitted

8.       Details of the improvements to the footway link at the southern end of Earl Road leading to the southern retail park to be submitted and implemented

9.       Details of cycle stores to be submitted

10.     Travel Plan to be submitted

11.     Electric vehicle charging points to be provided

12.     Remediation strategy to be submitted

13.     Imported soil to be tested for contamination

14.     Intrusive Radiological Survey Monitoring Protocol/Risk Assessment and supplementary commentary by Radman should be followed throughout the course of the development

15.     Unforeseen contamination – notify LPA

16.     Details of the design and monitoring of the brown roof to be submitted and agreed

17.     Updated badger survey to be submitted

18.     Foul and surface water to be drained on separate systems

19.     Surface water drainage scheme to be submitted

20.     Management and maintenance regime for Sustainable Drainage Systems to be submitted

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.

To consider the above application.

Consideration was given to the above application.

(Gary Halman, 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 the Board, the application be approved subject to referral to the Secretary of State and subject to the following conditions:-

1.         Submission of reserved matters

2.         Time limit for submission of reserved matters

3.         Commencement of development

4.         Development in accord with approved plans

5.         Materials as application

6.         No subdivision of retail units

7.         Footway link improvements to south to be submitted

8.         Sustainable drainage management and maintenance plan to be submitted

9.         Scheme for the management of overland flow to be submitted

10.       Floorspace not to exceed that shown on plans

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.

To consider the above application.

Consideration was given to the above application.

(Nick Lee, representing NJL Consulting and Graham Bee, representing the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That the application be refused for the following reason:-

1.       The proposal seeks to provide a retail use on a site allocated for employment purposes.  The existing warehouse and office buildings on the site are currently occupied, and it has therefore not been demonstrated that there is no reasonable prospect of the site being used for employment purposes, as required by paragraph 22 of the NPPF.   The development is therefore contrary to policies E1 and E2 of the Macclesfield Borough Local Plan and policy EG3 of the Proposed Changes Version of the emerging Cheshire East Local Plan Strategy.

Should this application be the subject of an appeal, the Head of Planning (Regulation) has delegated authority to enter into a S106 Agreement for this current application and application 15/0400M, which is the subject of a current appeal, to secure the following Heads of Terms:

•         Financial contribution of £65,372 to CEC for improvements to provision for pedestrians and cyclists in the vicinity

•         Financial contribution of £65,372 to CEC towards public transport improvements

•         Financial contribution of £200,548 to Stockport MBC towards junction improvements in the Borough of Stockport at Stanley Road junction.

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.

(The meeting adjourned from 1.50pm until 2.15pm for lunch).

To consider the above application.

This item was withdrawn prior to the meeting.

To consider the above application.

Consideration was given to the above application.

(Parish Councillor Brian Brindley, Vice Chairman of Chelford Parish Council, representing Chelford Parish Council, Andrew Kay, an objector, Rebecca Wainwright, representing Marketing Cheshire and a supporter, Tim Woodhead, the applicant, Howard Fearn, Avian Ecology, representing the applicant and Jonathan Vose, the agent for the applicant attended the meeting and spoke in respect of the application.  In addition a statement was read out on behalf of the Ward Councillor G Walton).

RESOLVED

That the application be refused for the following reasons:-

1.       The proposed development will have a detrimental impact on biodiversity at the site by proposing activities on both the north and south lakes, which is likely to have a significant adverse impact upon the nature conservation value of the lakes as a result of the increase in disturbance and the potential risk posed to birds posed by the network of wires associated with the wakeboarding infrastructure. These impacts will be for the duration of the operational life of the centre. Further, the proposal is in an unsustainable location which is not highly accessible by a choice of transport and will mainly be reliant on access by the private car, therefore the proposals are not environmentally sustainable contrary to policy NE11 of the Macclesfield Borough Local Plan, SE3 and SC1 of the emerging Cheshire East Local Plan Strategy and the NPPF.

2.       The proposed use of the site and the associated built development are inappropriate by definition, the use is not listed as an exception and the building impacts on openness, therefore very special circumstances are required to outweigh the significant harm. In this case it is not considered that very special circumstances exist to outweigh the harm by inappropriateness or the harm to the openness of the Green Belt, contrary to policy GC1 of the Macclesfield Borough Local Plan and paragraph 89 of the NPPF.

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

To consider the above report.

Consideration was given to the above report.

(Peter Todd, representing the applicant attended the meeting and spoke in respect of the item).

RESOLVED

That the refusal reason in respect of highways be withdrawn and the Head of Planning (Regulation) be instructed not to contest that issue at the forthcoming Appeal.