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 pre-determined any item on the agenda

Councillor Walker had previously declared that, as Vice Chairman of the Public Rights of Way Committee, he would not participate in the debate or vote on Application No.09/4240C (Marsh Farm, Congleton) to avoid fettering his discretion in respect of a Right of Way on the site.  Having received clarification from officers that the location of the Right of Way would not be affected by the application, he considered that the grounds on which he had made his previous declaration no longer applied.  Therefore, he stated his intention to take part in the debate and vote on item 5 (Application No. 09/4240C).                  

Councillor Merry: Personal Interest in item 6 (Application No. 10/1179C) as residents in the vicinity of the application were known to her.    

Councillor Dykes: Personal and Prejudicial Interest in item 8 (Application No. 10/1409N) as a Wulvern Housing Board Member.  In accordance with the Code of Conduct, he withdrew from the meeting during consideration of this item. 

Councillor Westwood: Personal and Prejudicial Interest in item 8 (Application No. 10/1409N) as a Wulvern Housing Board Member.  In accordance with the Code of Conduct, he withdrew from the meeting during consideration of this item. 

Councillor Beard: Personal and Prejudicial Interest in item 8 (Application No. 10/1409N) as a Wulvern Housing Board Member.  In accordance with the Code of Conduct, he withdrew from the meeting during consideration of this item. 

The Senior Lawyer and Legal Advisor to the Committee, Ms R Goddard declared a Personal and Prejudicial Interest in item 13 (Application No.10/1659N) as her brother was employed by the applicant.  In accordance with the Code of Conduct, she withdrew from the meeting during consideration of this item. 

Councillors Beard and Westwood reported that they had received correspondence in respect of item 5 (Application No.09/4240C) but had not responded to it nor had they formed an opinion on the item referred to.        

To approve the minutes of the meeting held on 30 June 2010

RESOLVED:

That the Minutes of the meeting held on 30 June 2010 be approved as a correct record.   

To consider the above planning application.

The Committee gave consideration to a report on Planning Application 10/1659N (West Street, Crewe) together with an update. 

Note: Having declared a personal and prejudicial interest in this item, Ms Goddard withdrew from the meeting prior to discussion and voting on the item.  Ms S Dillion (Senior Solicitor) took her place as Legal Advisor to the Committee for this item only.       

RESOLVED:

That Application 10/1659N be DEFERRED contrary to officer recommendation for the following reason –

To enable issues relating to outstanding highway matters (i.e. accurate information about bus services serving the site, the provision of bus stops/bus shelters and the provision of a pelican crossing) to be resolved.     

To consider the above planning application.

The Committee gave consideration to a report (including an oral report on the site visit) on Planning Application 09/4240C (Marsh Farm, Congleton). 

Notes: (1) Councillor D Topping, the Ward Councillor, was in attendance and addressed the Committee on this matter;  

(2)       Ms J Unsworth (objector) was in attendance and addressed the Committee on this matter; and 

(3)       Mr M Waite (representing the applicant, Bloor Homes) was in attendance and addressed the Committee on this matter.          

RESOLVED:

That application 09/4240C be APPROVED subject to the completion of a Section 106 Agreement relating to affordable housing and public open space provision and the following conditions - 

1.         Commence development within 3 years

2.         Development in accordance with agreed drawings

3.         Submission of details/samples of external materials

4.         Submission and implementation of a scheme of tree protection measures

5.         Submission and implementation of a method statement for construction in relation to trees and landscaping on the site

6.         Submission and implementation of a scheme of landscaping of the site

7.         Submission and implementation of details of boundary treatments

8.         Submission of a detailed drainage scheme

9.         Limits on hours of construction

10.       Limits on hours of piling

11.       Submission of detailed access and junction plans

12.       The dwellings shall not be occupied until the access and junction are completed in accordance with the approved details

13.       Omission of the lateral deflections on the submitted layout plan

14.       Submission of surveys and mitigation methods for the protection of breeding birds

15.       Submission of details of features for breeding birds and bats

16.       Submission of details of Local Equipped Area of Play

17.       Submission of scheme to limit surface water run-off

18.       Submission of a scheme to manage flood risk

19.       Submission of a scheme to deal with the risks associated with contamination on the site

20.       Submission of a scheme of acoustic measures required to protect the amenities of future occupiers

21.       Before the development is commenced, the applicant to submit details of the siting and design for a pedestrian refuge on the A34 for the purposes of improved highway safety.  If details acceptable to the Highways Authority are forthcoming, the pedestrian refuge shall be provided before any dwelling is occupied.             

 To consider the above planning application.

The Committee gave consideration to a report (including an oral report on a site visit) on Planning Application 10/1179C (14 Smithfield Lane, Sandbach).

Notes: (1) Councillor E Alcock, the Ward Councillor, was in attendance and addressed the Committee on this matter;  

(2)       Mr D Smith (objector) was in attendance and addressed the Committee on this matter; and 

(3)       Ms J Naylor (Emery Planning on behalf of the applicant, Brighouse Homes) was in attendance and addressed the Committee on this matter.          

RESOLVED:

That Application 10/1179C be REFUSED contrary to officer recommendation for the following reasons –

1.         The proposal is out of keeping with the character of the area by reason of the scale of the dwellings, the form of layout and the density of development, contrary to Policies GR1 and GR2 of the Congleton Borough Local Plan.

2.         The proposal would result in additional traffic and parking on Smithfield Lane, which has a narrow carriageway and is often obstructed by parked vehicles.  The proposal would be contrary to the interests of highway safety and the free flow of traffic.  The development is contrary to Policy GR9 of the Congleton Borough Local Plan.           

To consider the above planning application.

The Committee gave consideration to a report on Planning Application 10/1125N (Aston Lower Hall, Aston) together with an update.

RESOLVED:

That Application 10/1125N be APPROVED subject to the following conditions –

1.         Commence development within 3 years

2.         Development in accordance with the approved plans

3.         Materials as specified in application forms

4.         Recommendations of Protected Species Survey to be implemented

5.         Building not to be used for livestock housing

To consider the above planning application.

The Committee gave consideration to a report on Planning Application 10/1409N (Nova Court, Crewe) together with an update.

Notes: (1) Having declared a personal and prejudicial interest in this item, Councillors Beard, Dykes and Westwood withdrew from the meeting prior to discussion and voting on the item; and

(2)       Mr Dunne, an objector to the application, was in attendance at the meeting but had exceeded the deadline to register his intention to speak.  The Committee agreed that in the interest of balance, he be allowed to speak in accordance with paragraph 2.8 of the Protocol for Public Speaking Rights.  Accordingly, Mr J Dunne addressed the Committee on this matter.      

RESOLVED:

That Application 10/1409N be APPROVED subject to the completion of a Section 106 Agreement and subject to the following conditions –

1.         Commence development within 3 years

2.         Submission of sample materials

3.         Development in accordance with the approved plans

4.         Removal of all permitted development rights

5.         Submission of boundary treatment details

6.         Submission of sample surfacing materials

7.         Submission of noise attenuation details

8.         Implementation of renewable energy measures as specified

9.         Submission of landscaping plan

10.       Implementation of landscaping plan

11.       Car parking and turning head shown on plans to be provided and maintained

12.       Submission of cycle parking and bin storage details

13.       Implementation of mitigation measures specified within protected species survey

14.       Submission of drainage details

15.       Contaminated land condition

16.       Submission of details for lighting scheme     

To consider the above planning application.

The Committee gave consideration to a report on Planning Application 10/1551N (Audlem Country Home, Audlem: Extension of Time Limit for Application P05/0007).

Note: Mr R Woodward (representing the applicant) was in attendance and addressed the Committee on this matter.      

RESOLVED:

That Application 10/1551N be APPROVED subject to the following conditions –

1.         Commence development within 3 years

2.         Development in accordance with approved plans

3.         Samples of materials to be submitted, approved and used in the construction of the building

4.         Use of the premises as a nursing home together with self contained units for persons needing close care and other persons who may wish to live more independently where nursing care may be available if required and for no other purpose whatsoever.  Occupants of the independent living units including close care units should be aged 60 years or more, or in the case of 2 bed units at least one of the occupants should be aged 60 years or more

5.         Details of boundary treatment to be submitted, approved and implemented

6.         Details of appearance of ramps, guides, rails and finishes to be submitted, approved and implemented

7.         Details of appearance of balconies and galleries to be submitted, approved and implemented

8.         Details of surfacing materials to be submitted, approved and implemented

9.         Landscaping scheme together with any trees/hedges to be retained and measures for their protection to be submitted and approved

10.       Implementation and maintenance of landscaping and tree protection measures

11.       Archway between the reception area/lift and unit 12 shall not be enclosed without prior submission and approval of a separate planning application

12.       Prior to first use of the development, provision of car park as per site layout and retention

13.       Programme of archaeological work to be submitted, approved and implemented

14.       Access to the site only via School Lane between Roseleigh and The Smithy and sign to be provided at entrance to the site to confirm this in accordance with details to be submitted and approved                                      

To consider the above planning application.

The Committee gave consideration to a report on Planning Application 10/1912N (Audlem Country Home, Audlem: Extension of Time Limit for Application P05/0710).

Note: Mr R Woodward (representing the applicant) was in attendance and addressed the Committee on the matter.      

RESOLVED:

That Application 10/1912N be APPROVED subject to the following conditions –

1.         Commencement within 3 years

2.         Plans as per P05/0710

3.         Samples of materials to be submitted, approved and used in the construction of the building

4.         Detailed schedule of works and drawings together with a materials schedule for windows, doors, brickwork, stone work, plaster, roof materials, rain water goods, to be submitted, approved and implemented

5.         Details of surfacing materials to be submitted, approved and implemented  

6.         Details of appearance of balconies and galleries to be submitted, approved and implemented

7.         Details of boundary treatment to be submitted, approved and implemented

8.         Landscaping scheme together with any trees/hedges to be retained and measures for their protection to be submitted and approved

9.         Implementation and maintenance of landscaping and tree protection measures

10.       Details of appearance ramps, including guides, rails and finishes to be submitted, approved and implemented   

To consider the above planning application.

APPLICATION WITHDRAWN

To consider the above planning application.

The Committee gave consideration to a report on Planning Application 10/1588N (Beswick Drive, Crewe) together with an update which gave details of the Environment Agency’s comments.  In response, it was explained that points 1 and 2 of the Agency’s comments had already been dealt with either in the application or in the recommended conditions.  Point 3 had been partly dealt with in the recommended conditions and to deal with the remainder, an additional condition was recommended requiring implementation of the flood risk assessment.       

RESOLVED:

Application 10/1588N be APPROVED subject to the following conditions –

1.         Commence development within 3 years

2.         Development in accordance with approved plans

3.         Samples of materials to be submitted, approved and implemented

4.         No trees shown to be retained in the Tree Survey, Assessment, Landscape Design and Management document shall be removed from the site without the prior written approval of the Local Planning Authority

5.         Surface materials to be submitted, approved and implemented

6.         Implementation of tree protection measures prior to the commencement of development and any site works, as detailed in the Tree Survey, Assessment, Landscape Design and Management prior to the occupation of the development

7.         Implementation of the remedial works to trees including coppicing and work to remove Himalayan Balsam as detailed in the Tree Survey, Assessment, Landscape Design and Management prior to the occupation of the development except that T3 (Crack Willow) to be retained

8.         Before development commences details of a revision to the submitted landscape scheme to be submitted and approved in writing for the provision of the perimeter planting on the southern side of the site.  Implementation of revised landscape scheme as detailed in the Tree Survey, Assessment, Landscape Design and Management

9.         Maintenance and management of landscaping as detailed in the Tree Survey, Assessment, Landscape Design and Management 

10.       No change of levels around the retained trees

11.       Boundary treatment to match that on the existing western boundary to be provided

12.       Withdrawn permitted development rights for other means of enclosure

13.       Surface Water Regulation scheme to be submitted, approved and implemented based on the Flood Risk Assessment

14.       Building to be set at specified level (still to be agreed through FRA) unless otherwise first agreed in writing

15.       Contaminated land survey to be submitted and if necessary, remediation measures with site completion report when mitigation implemented

16.       Details of pile driving if required to be submitted, agreed and implemented

17.       Details of location of bat boxes and their provision

18.       Details of the location of bird nest boxes and their provision

19.       Details of waste recycling facilities to be submitted, approved and implemented.  Provision of bin store and waste recycling facilities in accordance with submitted details

20.       Provision of cycle store

21.       Provision of showers to be available for use by all staff

22.       Provision of car parking

23.       Scheme to be submitted and approved for the provision of energy saving measures in the design of the building, its operation and implementation  ...  view the full minutes text for item 44.

To consider the above planning application.

APPLICATION WITHDRAWN

To consider the above planning application.

The Committee gave consideration to a report on Planning Application 10/1887M (Woodford Lane, Newton, Macclesfield).

Note: At this point in the meeting, each Member of the Committee present declared a personal interest in the application as the application site was owned by a fellow Cheshire East Councillor.   

RESOLVED:

That Application 10/1887M be APPROVED. 

To consider the above planning application. 

The Committee gave consideration to a report on Planning Application 10/2026M (11 Manor Park, South Knutsford).

Note: At this point in the meeting, each Member of the Committee Present declared a personal interest in the application as the application site was owned by a fellow Cheshire East Councillor.    

RESOLVED:

That Application 10/2026M be APPROVED subject to the following conditions –

1.         Approved plans

2.         Obscure glazing

3.         Materials

4.         Standard time