Agenda and minutes

Start-part way through Application 20/5479C: https://www.youtube.com/embed/9rjA7iyVHtk

Part way through application 20/5479C- Continued to End: https://www.youtube.com/embed/GFYZyjEpIcM

To receive apologies for absence.

No apologies for absence were 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.

It was noted all Members received email correspondence in respect of application 20/4113N.

In the interests of Openness and Transparency, Councillor Kathryn Flavell declared an interest as the Portfolio Holder for Children and Families in respect of application 20/5479C.

To approve the minutes of the meeting held on 3 March 2021.

RESOLVED:

That the minutes of the virtual meeting held on 03 March 2021 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 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 report.

Consideration was given to the above application.

(Mr. Andrew Baddeley, Managing Director of Liberty Care Developments and the Applicant attended the virtual meeting and spoke in respect of the

application).

(It was requested that it be minuted that Councillor L Smith had concerns about the parking aspect of the application).

RESOLVED:

That for the reasons set out in the report the application be Delegated to the Head of Planning, and in consultation with the Chair of Southern Planning Committee resolve any significantly new issues arising from the extended consultation period; APPROVE subject to completion of a S106 Agreement and the following conditions.

1)    Commencement of development (3 years)

2)    Development in accordance with approved plans

3)    Details of materials and finishes

4)    Provision of Electric Vehicle infrastructure

5)    Provision of Ultra Low Emission Boilers

6)    Contaminated land – submission of updated phase 2 report prior to commencement of development

7)    Contaminated land – submission of a verification report

8)    Contaminated land – works to stop if any unexpected contamination is discovered on site

9)    Contaminated land imported soil

10)Implementation of noise mitigation

11)Implementation of the landscaping scheme

12)Details of boundary treatment

13)Tree Protection

14)Submission, approval and implementation of a Construction Management Plan

15)Details for closure of existing access and footway reinstatement

16)Details of covered cycle storage and provision before first occupation

17)Design details of Bin Stores and provision before first occupation

18)Foul and surface water drainage to be connected on separate systems

19)Scheme of surface water drainage to be submitted, approved and implemented

20)Amended plan to be submitted to provide internal access/layout to a minimum of 5m width

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

To consider the above report.

Consideration was given to the above application.

(Dane Valley Ward Councillor Andrew Kolker, Clerk to Goostry Parish Council, Ken Morris and Consultant for the Applicant Ivor Smits attended the virtual meeting and spoke in respect 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 for a new office development that would impair the efficiency of the Jodrell Bank Radio Telescopes which is a World Heritage Site. The proposal is therefore considered to be contrary to Policy PS10 of the Congleton Borough Local Plan First Page 39 Review 2005, Policy SE14 of the CELPS and Policies SC2 and EB2 of the Goostrey Parish Neighbourhood Plan.

2)    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. The proposal is contrary to Policies PG6 (Open Countryside), EG1 (Economic Prosperity) and EG2 (Rural Economy) 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.

3)    There is tree/hedgerow cover on and adjoining the site (including a tree protected by a Tree Preservation Order). The application does not include an arboricultural impact assessment/ topographic survey. In this respect the submission does not accord with BS5837:2012 Trees in relation to design, demolition and construction - Recommendations. Based on the information provided it is not possible to determine whether the proposed development could be accommodated on site whilst retaining the trees and hedgerows. There is insufficient information contained within this application and proposed development would not comply with Policy SE 5 of the CELPS and VDLC3 of the GNP.

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.

(Dane Valley Ward Councillor Les Gilbert, Local Resident Barbara Smith and Agent for the Application Victoria Wood attended the virtual meeting and spoke in respect of the application).

RESOLVED:

That the application be REFUSED for the following reason:

The proposed use would cause unacceptable levels of noise, disturbance and on-street parking to the detriment of the amenities of the occupiers of nearby residential properties. The approval of the development would therefore be contrary to the national planning policy guidance, CELPS Policies SD2, SE1, SE2 & CO2; CBLP Policies GR6 & GR17 and Holmes Chapel Neighbourhood Plan Policies TT1, TT3 and CW4 insofar as these policies strive to protect the living conditions of neighbouring residents.

(This decision was contrary to the officers recommendation of approval).

(During consideration of the application, Councillor Jill Rhodes lost connection and therefore did not vote on the application).