Agenda and minutes

To receive apologies for absence.

There had been no apologies for absence received.

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests and for Members to declare if they have pre-determined any item on the agenda.

In the interests of openness and transparency, Councillors Mike Benson and Penny Butterill advised they had received email correspondence that related to item six: 20/2609N Land North Of, Access To Alvaston Business Park, Nantwich, however they had not engaged with the agent for the application in any way.

In the interests of openness and transparency, Councillor Penny Butterill declared an interest in item seven: 20/5236N Forget-Me-Not Fields, Adjacent To Old Puseydale, Main Road, Shavington, CW2 5DU in her capacity as a Director on the board of Orbitas.

In the interests of openness and transparency, Councillor David Marren declared an interest in item seven: 20/5236N Forget-Me-Not Fields, Adjacent To Old Puseydale, Main Road, Shavington, CW2 5DU in his capacity as a Non-Executive Member of Orbitas and President of the Federation of Burial and Cremation Authorities (FBCA).

In the interests of openness and transparency, Councillor Joy Bratherton declared an interest in item seven: 20/5236N Forget-Me-Not Fields, Adjacent To Old Puseydale, Main Road, Shavington, CW2 5DU in her capacity as a Member of Orbitas.

In the interests of openness and transparency, Councillor John Wray declared an interest in item seven: 20/5236N Forget-Me-Not Fields, Adjacent To Old Puseydale, Main Road, Shavington, CW2 5DU as he knew the agent for the applicant but had not engaged in any way before the meeting.

To approve the minutes of the meeting held on 03 February 2021.

RESOLVED: That the minutes of the virtual meeting held on 03 February 2021 be approved as a correct and accurate 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 Planning Committee

·                The relevant Town/Parish Council

A total period of 3 minutes is allocated for each of the planning applications for the following:

·                Members who are not members of the planning committee 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.

(Ms. Marina Stoltz, the Agent for the Applicant attended the virtual meeting and spoke on behalf of the application).

RESOLVED:

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

1.    Standard time

2.    Approved Plans

3.    Materials

4.    Landscape Scheme to be submitted and approved

5.    Implementation of landscape scheme

6.    Cycle parking to be submitted and approved (to include secure and covered parking for 7 cycles)

7.    Provision of Electric Vehicle Charging points

8.    Use of Ultra Low NOx Emission Boilers

9.    Submission of details for the remediation of contaminated land

10.Submission of Verification Report for Remediation Strategy

11.Details of any soils imported onto the site

12.Works to stop if any unexpected contamination is discovered

13.Surface water drainage scheme to be submitted and approved

14.Foul and surface water shall be drained on separate systems

15.Waste Management Plan to be submitted and approved (to include litter picking within 100m of the site)

16.Revised plans to show the provision of baby change facility (including wash basin)

17.Scheme for free parking for staff to be submitted and approved

18.Scheme to provide some cover for the external seating area

19.Scheme for the provision of shower, changing and locker facilities for staff

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 Chair (or in his absence the Vice Chair) of Southern Planning Committee, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

To consider the above application.

Consideration was given to the above application.

(Mr. Andy Butler an Advisor for the Applicant attended the virtual meeting and spoke on behalf of the application).

RESOLVED:

That, for the reasons set out in the report, the application be REFUSED for the following reasons:

1. The proposed development is not an appropriate form of development in the

open countryside as per Policy PG6 nor does not fall within any of the exceptions listed in this policy and thus constitutes an unwarranted form of development in the open countryside. This would result in an urban encroachment into the open countryside which would harm the character and appearance of the area and the landscape. The proposal has not been supported by sufficient information regarding the agricultural land grading and no justification has been provided for the loss agricultural land or evidence provided of any overriding need for employment land to warrant its loss. The proposal is contrary to Policies PG1 (Overall Development Strategy) PG2 (Settlement Hierarchy), PG6 (Open Countryside), PG2 (Settlement Hierarchy), PG7 (Spatial Distribution), SD1 (Sustainable Development in Cheshire East) and SD2 (Sustainable Development Principles), SE2 (Efficient Use of Land) of the Cheshire East Local Plan Strategy 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 seeks to provide additional office development outside of any defined centre and it has not been proven sequentially why other sites are not available to justify this out of centre location. The site is also not allocated for employment use in either the Local Plan or the emerging Site Allocations Development Policies Document and there is enough employment land allocated in the Local Plan.

The proposal is contrary to Policies PG1 (Overall Development Strategy) PG2 (Settlement Hierarchy), PG7 (Spatial Distribution), SD1 (Sustainable Development in Cheshire East) and SD2 (Sustainable Development Principles), EG1 (Economic Prosperity), EG2 (Rural Economy), EG5 (Promoting a Town Centre First Approach to Retail and Commerce) & SE2 (Efficient Use of Land) of the Cheshire East Local Plan Strategy, Saved Policy E2 (New Employment Allocations) of the Crewe and Nantwich Local Plan and the principles of the National Planning Policy Framework.

In order to give proper effect to the Board`s/Committee`s intent and without changing the substance of its decision, authority is delegated to the Head of Planning (Regulation) in consultation with the Chair (or in their absence the Vice Chair) to correct any technical slip or omission in the resolution, before 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:

To consider the above application.

Consideration was given to the above application.

(Ms. Suzanne Webster, a Local Objector attended the meeting and submitted a statement for the Democratic Services Officer Helen Davies to read on her behalf, and Russell Adams the Agent for the Applicant also attended the virtual meeting and spoke on behalf of the application).

RESOLVED:

That, for the reasons set out in the report, the application be REFUSED for the following reasons:

Refuse for the following reasons:

1. The proposed building would result in the erosion of the physical gap between Shavington and Willaston causing harm to the Strategic Green Gap. The proposed development is contrary to Policies PG5 of the CELPS and NE.4 of the Crewe and Nantwich Replacement Local Plan.

(This decision was contrary to Officer recommendation for approval).

To consider the above application.

Consideration was given to the above application.

(Councillor Steven Edgar, the Ward Councillor, attended the virtual meeting and spoke on behalf of the application).

RESOLVED:

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

1.    Accordance with the conditions on the outline permission

2.    Time limit

3.    Approved plans

4.    Details of materials to be submitted

5.    Compliance with the landscape planting proposals

6.    Compliance with the Drainage Strategy

7.    Compliance with the Construction Method Statement

8.    Compliance with the Badger Mitigation Strategy

9.    Prior to the occupation of any of the dwellings hereby permitted, details of features suitable for nesting House Sparrow and roosting bats, to be incorporated into the approved development, shall be submitted to and approved in writing by the Local Page 58 Planning Authority. Development shall be carried out in accordance with the approved details.

10.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking or re-enacting that order), no development (as defined by Section 55 of the Town and Country Planning Act 1990) as may otherwise be permitted by virtue of Classes A, B, C, D and E of Part 1 Schedule 2 of the Order shall be carried out on plots 1, 2, & 3.

In addition to the conditions, The Southern Planning Committee requested the following informative: that the developer provides a litter bin at the entrance to the site.

In order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority is delegated to the Head of Planning, in consultation with the Chair (or in their absence the Vice Chair) of Southern Planning Committee, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

To consider the above application.

Consideration was given to the above application.

(Councillor Phil Williams Clowes, the Ward Councillor and Alsager Town Councillor, attended the virtual meeting and spoke on behalf of the application).

RESOLVED:

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

1.    Time limit.

2.    Approved plans.

3.    Materials in accordance with submitted details.

4.    Development in accordance with submitted tree protection measures.

5.    Compliance with Landscape and Biodiversity Plan.

6.    Protection of nesting birds.

7.    Submission of updated Other Protected Species Survey prior to commencement of development.

8.    Submission of details of any proposed external lighting.

9.    Submission and approval of a Phase II Contaminated Land Report

10.Submission and approval of a verification report

11.Details of any importation of soils

12.Unidentified contamination

In order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority is delegated to the Head of Planning, in consultation with the Chair (or in their absence the Vice Chair) of the Southern Planning Committee, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.