Agenda and minutes

To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests and for Members to declare if they have a pre-determination in respect of any item on the agenda

Councillor Hoyland declared a personal interest in respect of application number 11/0366M on the grounds that he had attended an Adlington Parish Council meeting, but had not taken part in the debate on this application.  In accordance with the code of conduct, he remained in the meeting during consideration of this item.

Councillor Keegan, who was in attendance at the meeting, declared a personal and prejudicial interest in respect of application number 11/4341M on the grounds that his property is adjacent to the site.  In accordance with the code of conduct, he withdrew from the meeting during consideration of this item.

During the course of the Officer’s introduction to application number 11/4341M, Councillors Hoyland, Stockton and Brown declared a personal and prejudicial interest in respect of application number 11/4341M on the grounds that they were a close friend of the adjacent site owner.  In accordance with the code of conduct, they withdrew from the meeting during consideration of this item.

To approve the Minutes of the meeting held on 22 February 2012 as a correct record

RESOLVED

That the minutes of the meeting held on 22 February 2012 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 Ward Councillors who are not members of the Planning Committee.

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 planning committee 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 planning application

(Councillor P Whiteley (Ward Councillor), Mr White (objector) and

Mr D Kershaw (On behalf of the applicant) attended the meeting and addressed the committee on this matter).

The Committee considered a report regarding the above planning application, an amended site layout plan, and an oral report by the Planning Officer of the site inspection.

RESOLVED

That the Development Management and Building Control Manger, in consultation with the Chairman and Vice Chairman, subject to any consultation responses raising any new issues not already dealt with, be granted authority to APPROVE, subject to the following conditions:

a)     The prior signing of a Section 106 agreement to secure:

• Provision of affordable housing on site in the form of 6 x 2 bed units which are made up of 4 units for social rent and 2 units for intermediate tenure.
• Provision of commuted sum in lieu of on site provision of Play and amenity - £63,000.
• Provision of commuted sum in lieu of on site provision of Recreation/Sport - £15,000.

b)     And the following conditions:

1. AO1LS –  Landscaping – submission of details.
2. AO1TR – Tree retention.
3. AO2TR – Tree protection.
4. AO3FP – Commencement of development (3 years).
5. AO3HA – Vehicular visibility at access (dimensions).
6. AO3TR – Construction specification/method statement.
7. AO4AP – Development in accord with revised plans (numbered).
8. AO4LS – Landscaping (implementation).
9. AO5EX – Details of materials to be submitted.
10. AO6NC – Protection for breeding birds.
11. A12LS – Landscaping to include details of boundary treatment.
12. A16LS – Submission of landscape/woodland management plan.
13. A22GR – Protection from noise during construction (hours of construction).
14. A23GR – Pile Driving.
15. A23MC – Details of ground levels to be submitted.
16. A30HA – Protection of highway from mud and debris.
17. A32HA – Submission of construction method statement including access via Dean Row Road only.
18. No dormers other than authorised.
19. Levels details to be submitted.
20. Open plan estate layout only.
21. 10% renewable energy provision.
22. Contaminated land assessment.
23. Toucan Crossing relocated prior to commencement.
24. Class A permitted development rights removed from Plots 1, 3 and 6.

To consider the above planning application

(Councillor P Findlow (Ward Councillor), Mrs Braithwaite (objector) and

Mr S Reid (supporter) attended the meeting and addressed the committee on this matter).

(The meeting was adjourned from 2.57 pm until 3.05 pm to allow members of the public an opportunity to read the updated report which detailed representations from the Forestry Officer)

The Committee considered a report regarding the above planning application, two updated reports and an oral report by the Planning Officer of the site inspection.

RESOLVED

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

1. A03FP - Commencement of development (3 years).
2. A02EX – Submission of samples of building materials.
3. A01LS – Landscaping – submission of details.
4. A04LS – Landscaping (implementation).
5. A22GR – Protection from noise during construction (hours of construction).
6. A30HA – Protection of highway from mud and debris.
7. A23MC – Details of ground levels to be submitted.
8. A32HA – Submission of construction method statement.
9. A01AP – Development in accord with approved plan.
10. Submission and approval of a Tree Protection Scheme.
11. Submission and approval of a Construction Specification/Method Statement in relation to the access driveway from Withinlee Road to Withinlee Hollow.
12. Submission and approval of a Method Statement in respect of the construction of the retaining walls to the rear of the garage in relation to the offside protected Oak (forming part of G5 of the TPO).

During consideration of this item, Councillor Brown arrived to the meeting, but did not take part in the debate or vote.

To consider the above planning application

Prior to consideration of the following item, the meeting was adjourned for 5 minutes for clarification from the Planning Solicitor on declarations of interests.

Having declared a personal and prejudicial interest in this application, Councillors Keegan, Hoyland, Stockton and Brown withdrew from the meeting during consideration of this item.

Ms K Phillips (on behalf of the agent) attended the meeting and addressed the committee on this matter).

The Committee considered a report regarding the above planning application.

RESOLVED

That for the reasons set out in the report and detailed by the Officer at the meeting, the application be REFUSED for the following reasons:

• The proposal would by reason of scale, form, mass and bulk result in a cramped and intrusive form of development out of keeping with the character of the area within which the development would be sited. The proposed development fails to achieve an adequate quality of design to justify approval of planning permission. In reaching this conclusion regard was had to the scale, mass and bulk of the buildings, their proximity to one another and the amount of building and hardstanding coverage within the site in the context of the character of the surrounding area. It is therefore concluded that the proposal would detract from the character and appearance of the area, within which the site is located and be contrary to development plan and national planning policies which seek to promote high quality and inclusive design.  It would therefore be contrary to policies DC1 and BE1 of the Macclesfield Borough Local Plan 2004 and national planning policy PPS1.

• The proposed development, by virtue of its size, design and position of the front block relative to adjoining property at Highfield House, would be unduly dominant when viewed from that adjoining property, causing an unacceptable loss of outlook and increased sense of enclosure to the detriment of the residential amenities of the occupiers of Highfield  House. In addition the relationship of habitable room facing windows and neighbours habitable rooms/ balcony space between the two proposed blocks is substandard. The approval of the development would therefore be contrary to policies H12, DC3 and DC38   in the Macclesfield Borough Local Plan and cause harm to the objectives of those policies.

Prior to consideration of the following items, Councillors Hoyland, Stockton, Brown and Keegan returned to the meeting.

To consider the above planning application

Councillor F Keegan (Ward Councillor) and Mr M Asquith (supporter) attended the meeting and addressed the committee on this matter).

The Committee considered a report regarding the above planning application.

RESOLVED

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

1. A03FP – Commencement of development (3 years).
2. A01AP – Development in accord with approved plans.
3. A22GR – Protection from noise during construction (hours of construction).
4. A13GR – Business hours (including Sundays) 10am-6pm daily.
5. A32HA – Submission of construction method statement.
6. A19MC – Refuse storage facilities to be approved.
7. A06EX – Materials as application.
8. A02TR – Tree protection.
9. Kitchen Extract and Odour Abatement.
10. Filtration and Extraction Equipment.
11. Submission of details in respect of services.
12. Submission of details in respect of stock delivery.
13. No amplified music.

To consider the above planning application

The Committee considered a report regarding the above planning application.

RESOLVED

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

1. A03FP - Commencement of development (3 years)
2. A03AP - Development in accord with revised plans (unnumbered).
3. A05EX - Details of materials to be submitted.
4. A22GR - Protection from noise during construction (hours of construction).
5. Pile Driving.
6. Float Floor Finishing.
7. Removal of temporary classrooms on occupation of development.

To consider the above planning application

This application was considered by the Northern Planning Committee on 8 June 2011, where it was resolved to delegate the application back to the Head of Planning and Housing in conjunction with the Chairman and Vice Chairman for approval in order to address any further representations that the Planning Department may receive in relation to the application, subject to conditions and the completion of a Section 106 Agreement.

It has subsequently come to light that the incorrect certificate of ownership was submitted with the original application; the correct certificate has now been submitted.  The planning issues remain unchanged since it was previously determined by the Committee.  However, due to this technicality a fresh resolution is required to delegate the application back to officers for final determination.

RESOLVED

That the application be delegated to the Development Management and Building Control Manger, in consultation with the Chairman and Vice Chairman.