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 S Davies declared a personal and prejudicial interest in respect of application number 11/1030N on the grounds that he knew the applicant and objectors.  In accordance with the Code of Conduct, he withdrew from the meeting during consideration of this item.

Councillor P Butterill declared a personal interest in respect of application numbers 10/4924N, 10/4928N, 10/4925N and 10/4929N on the grounds that she was a member of Nantwich Town Council, which had been consulted on the proposed developments, she was a member of Nantwich Civic Society, and she had formerly lived in the area. In accordance with the code of conduct, she remained in the meeting during consideration of these items.

Councillor D Marren declared a personal interest in respect of application number 11/1559N on the grounds that the speaker was a former colleague.  In accordance with the code of conduct, he remained in the meeting during consideration of this item.

Councillor D Marren declared a personal interest in respect of application numbers 10/4924N, 10/4928N, 10/4925N and 10/4929N on the grounds that he was a member of Nantwich Town Council, which had been consulted on the proposed developments.  In accordance with the code of conduct, he remained in the meeting during consideration of these items.

Councillor D Marren declared a personal and prejudicial interest in respect of application number 11/1662Con the grounds that the applicant was a family member.  In accordance with the Code of Conduct, he withdrew from the meeting during consideration of this item.

Councillor A Thwaite declared a personal interest in respect of application numbers 11/1484C and 11/0861C on the grounds that he had attended meetings as Ward Councillor, but that he had not expressed an opinion.  In accordance with the code of conduct, he remained in the meeting during consideration of these items.

Councillor G Merry declared a personal interest in respect of application numbers 11/1722C and 11/2018C on the grounds that she was a member of Sandbach Town Council, which had been consulted on the proposed developments.  In accordance with the code of conduct, she remained in the meeting during consideration of these items.

Councillor A Moran, who was in attendance at the meeting, declared a personal interest in respect of application numbers 10/4924N, 10/4928N, 10/4925N and 10/4929N on the grounds that he was a member of Nantwich Town Council, which had been consulted on the proposed developments.  In accordance with the code of conduct, he remained in the meeting during consideration of these items.

Councillor D Brown, who was in attendance at the meeting, declared a personal interest in respect of application numbers 11/1484C and 11/0861C on the grounds that he was a member of Congleton Town Council, which had been consulted on the proposed developments.  In accordance with the code of conduct, he remained in the meeting during consideration of these items.

Councillor S Corcoran, who was in attendance at the meeting, declared a personal interest in respect of application numbers 11/1722C and 11/2018C on the grounds that  ...  view the full minutes text for item 38.

To approve the minutes of the meeting held on 13 July 2011.

RESOLVED – That the minutes of the meeting held on 13 July 2011 be approved as a correct record and signed by the Chairman.

To consider the above planning application.

Note: Mr B Cooper (objector) attended the meeting and addressed the Committee on this matter.

The Committee considered a report regarding the above planning application and an oral report of the site inspection.

RESOLVED – That the application be APPROVED subject to the following conditions:

1.      Standard time

2.      Approved plans

3.      Materials to match existing dwelling

4.  Obscure glazing to windows overlooking Brookview Close

To consider the above planning application.

Note: Having declared a personal and prejudicial interest in this application, Councillor S Davies withdrew from the meeting during consideration of this item.

The Committee considered a report regarding the above planning application and an oral report of the site inspection.

The Principal Planning Officer reported that under the heading ‘Principle of Development’ in the report ‘the settlement boundary for Bunbury’ should read ‘the settlement boundary for Wrenbury’.

RESOLVED – That the application be APPROVED subject to the following conditions:

1. Commencement of Development

2. Submission of Reserved Matters

3. Time Limit for Submission of Reserved Matters

4. Materials to be submitted and agreed

5. Surfacing Materials to be submitted and agreed

6. Landscaping scheme to be submitted and agreed

7. Landscape Implementation

8. Drainage Scheme to be submitted

9. Details of Boundary Treatment

10. Reserved Matters Design to show no windows to habitable rooms in side elevations

11. Bin Storage to be provided

12. Hours of Construction - 08:00 to 18:00 Mon to Fri, 09:00 to 14:00 Sat, not at all on Sunday or BH

13. Removal of all PD

14. Any windows in roof space to be within front or rear elevations

15. Bungalow only

16. Dwelling to be sited no closer than 12m to front boundary

17. Access to be a shared access for No.6 and proposed dwelling

18. Details of access to be submitted

19. Dwelling shall be sited at least 1.5m from boundary with No.6 Oak Villas

To consider the above planning application.

Note: Councillor S Corcoran (Ward Councillor), Mr D Smith (objector) and Mr S Bourne (applicant) attended the meeting and addressed the Committee on this matter.

The Committee considered a report regarding the above planning application and an oral report of the site inspection.

RESOLVED – That, contrary to the planning officer’s recommendation for approval, the application be REFUSED for the following reason:

The form and layout of the proposed development would have an adverse impact on the character of the area, contrary to policies GR1 (General Criteria) and GR2 (Design) of the adopted Congleton Borough Local Plan First Review (2005).

To consider the above planning application.

Note: Councillor D Brown (Ward Councillor), Ms C Proudlove (objector) and Mr E Embrey (applicant) attended the meeting and addressed the Committee on this matter.

The Committee considered a report regarding the above planning application, a written update and an oral report of the site inspection.

RESOLVED – That the application be DEFERRED to allow the proposed ‘back to back’ housing to be reviewed with the applicant, and to enable planning officers to provide further information regarding the refusal of a previous application for development on this site.

To consider the above planning application.

Note: Councillor D Brown (Ward Councillor) and Mr R Beard (objector) attended the meeting and addressed the Committee on this matter.

The Committee considered a report regarding the above planning application and an oral report of the site inspection.

RESOLVED:

(a) That the application be APPROVED subject to the prior completion of a Section 106 agreement to secure:

1. Contribution of £31,424 towards public open space and CYPP and ongoing maintenance of the facilities.

2. Delivery of 4 No. 2 bed dwellings for social rent

and the following conditions:

1. 3 year time limit

2. Development in accordance with submitted plans inc. access

3. Hours restriction – construction including delivery vehicles.

4. Hours restriction - piling activity.

5. Contaminated land Phase 1 to be submitted

6. Drainage - surface water and sewerage to include SUDS.

7. Landscape scheme and Management Plan to be submitted

8. Landscaping to include native species for ecological value

9. Implementation of landscaping

10. Survey for breeding birds and protection during breeding season

11. Incorporation of features into the scheme suitable for use by breeding birds.

12. Submission of landscape management plan to include details of planting, habitat creation, maintenance, boundary treatments and replacement pond.

13. Tree protection with adherence to Arboricultural Method Statement

14. Submission/approval and implementation of a programme of remedial works to retained trees.

15. Site specific details of no dig construction for footpath

16. Submission/approval of levels

17. Materials to be submitted to and approved

18. Provision of a pedestrian and cycle link from the development onto Canal Road in accordance with details to be submitted to and approved in writing by the Local Planning Authority

19. Removal of permitted development rights classes A-E for plots 10-17 inclusive

20. Removal of permitted development rights for openings for plots 1, 2, 4, 5, 7, 8, 9, 10, 14 and 17

21. Obscured glazing within southeast facing side elevation of plots 7 and 8.

(b) That the Head of Planning and Housing be requested to consider allocating the public open space contribution to the ‘Water Tower’ site.

To consider the above planning application.

Note: Councillor A Moran (Neighbouring Ward Councillor) and Mr M Greenwood (objector) attended the meeting and addressed the Committee on this matter.

The Committee considered a report regarding the above planning application and an oral report of the site inspection.

RESOLVED – That the application be APPROVED subject to the following conditions:

1.                              Standard 3 years

2.                              Development in accordance with the approved plans

3.                  Implementation of a programme of archaeological work in accordance with a written scheme of investigation which is to be submitted by the applicant and approved in writing by the LPA

4.                  Materials to be submitted to the LPA and approved in writing

5.                  All windows and doors to be timber

6.                  Window reveal of 50mm to be provided

7.                  Black metal rainwater goods to be provided

8.                  Remove PD rights for extensions/outbuildings/fencing

9.                  Landscaping scheme to be submitted to the LPA and approved in writing

10.             Landscaping scheme to be implemented

11.             Tree protection measures

12.             Hand dig construction under the canopy of the Copper Beech tree

13.             Works to the Copper tree to be approved in writing by the LPA

14.             Access alterations to be provided before the dwellings are first occupied

15.             No windows to be inserted in the gable end of unit 2

16.             The parking provision shown on the approved plans to be provided prior to occupation of the dwellings

17.             Construction hours (and associated deliveries to the site) shall be restricted to 08:00 to 18:00 hours Monday to Friday, 09:00 to 14:00 hours Saturday, with no working Sundays or Bank Holidays.

18.             Phase 1 Contaminated Land to be submitted for approval prior to the commencement of development

19.             Details of any external lighting to be submitted to the LPA and approved in writing

20.             All glazing facing Hospital Street shall be non-openable except for the provision of fire escape as per building regulations.

21.              All habitable rooms facing Hospital Street should benefit from an air management system to provide all ventilation requirements.

22.             Dust management plan to be submitted prior to the commencement of development for approval and then implemented

23.             Development to be carried out in accordance with the recommendations contained within the bat survey

To consider the above planning application.

The Committee considered a report regarding the above planning application and an oral report of the site inspection.

RESOLVED – That the application be APPROVED subject to the following conditions:

1. Standard 3 years

2. Development in accordance with the approved plans

3. Materials to be submitted to the LPA and approved in writing

4. All windows and doors to be timber

5. Window reveal of 50mm to be provided

6. Black metal rainwater goods to be provided

To consider the above planning application.

Note: Prior to consideration of this application, the meeting was adjourned from 4.30pm to 4.40pm for a break.

Note: Councillor A Moran (Neighbouring Ward Councillor) attended the meeting and addressed the Committee on this matter.  Mr M Greenwood (objector) had registered his intention to address the Committee on this matter but did not speak.

The Committee considered a report regarding the above planning application and an oral report of the site inspection.

RESOLVED – That the application be APPROVED subject to the following conditions:

1.                  Standard 3 years

2.                  Development in accordance with the approved plans

3.                  Implementation of a programme of archaeological work in accordance with a written scheme of investigation which is to be submitted by the applicant and approved in writing by the LPA

4.                  Materials to be submitted to the LPA and approved in writing

5.                  All windows and doors to be timber

6.                  Window reveal of 50mm to be provided

7.                  Black metal rainwater goods to be provided

8.                  Remove PD rights for extensions/outbuildings/fencing

9.                  Landscaping scheme to be submitted to the LPA and approved in writing

10.             Landscaping scheme to be implemented

11.             Tree protection measures

12.             Hand dig construction under the canopy of the Copper Beech tree

13.             Works to the Copper tree to be approved in writing by the LPA

14.             Access alterations to be provided before the dwellings are first occupied

15.             Obscure glazing to be provided in the first floor windows in the western elevation of the development

16.             The parking provision shown on the approved plans to be provided prior to occupation of the dwellings

17.             Construction hours (and associated deliveries to the site) shall be restricted to 08:00 to 18:00 hours Monday to Friday, 09:00 to 14:00 hours Saturday, with no working Sundays or Bank Holidays.

18.             Phase 1 Contaminated Land to be submitted for approval prior to the commencement of development

19.             Details of any external lighting to be submitted to the LPA and approved in writing

20.             All glazing facing Hospital Street shall be non-openable except for the provision of fire escape as per building regulations.

21.              All habitable rooms facing Hospital Street should benefit from an air management system to provide all ventilation requirements.

22.             Dust management plan to be submitted prior to the commencement of development for approval and then implemented

23.             Development to be carried out in accordance with the recommendations contained within the bat survey

To consider the above planning application.

The Committee considered a report regarding the above planning application and an oral report of the site inspection.

RESOLVED – That the application be APPROVED subject to the following conditions:

1. Standard 3 years

2. Development in accordance with the approved plans

3. Materials to be submitted to the LPA and approved in writing

4. All windows and doors to be timber

5. Window reveal of 50mm to be provided

6. Black metal rainwater goods to be provided

To consider the above planning application.

The Committee considered a report regarding the above planning application.

RESOLVED – That the application be APPROVED subject to the following conditions:

1.                                         Standard Time Limit

2.                                         Plans

3.                                         Surfacing Materials

4.                                         Drainage

5.                                         No External Lighting

6.                                         No Additional Structures including raised platforms, terraces or sheds shall be erected or placed on the site without the prior consent of the Local Planning Authority.

7.                                         Remove additional pitches within 3 months if no longer required

8.                                         Landscaping submitted

9.                                         Landscaping implemented

10.                                     Length of Caravans not to exceed 7m, excluding tow bar

11.                                     The owners/operators shall maintain an up to date register of the names of all owners/occupiers of individual caravans on the site, and of their main home addresses, registration numbers of towing vehicles and shall make this information available at all reasonable times to the local authority.

12.                                     Limit the number of caravans on site at any one time to a maximum of 40

13.                                     Limit length of stay to no longer than 28 days

14.                                     Hours of Construction restricted to 08.00 to 18.00 hours on Monday to Friday, 0900 to 1400 hours on Saturday, with no work at any other time including Sundays and Public Holidays

To consider the above planning application.

Note: Parish Councillor D Wallis (on behalf of Church Minshull Parish Council), Mr D Carr (objector) and Mr M Ludlam (agent 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, a written update and an oral update by the Southern Area Manager - Development Management.

RESOLVED – That the application be DEFERRED:

(a) for a Committee site inspection to enable Members to assess the impact of the proposed development on the open countryside and on neighbouring residential amenity;

(b) to enable officers to obtain Counsel opinion on whether the proposed business is an agricultural or industrial process.

To consider the above planning application.

Note: Councillor M Sherratt left the meeting prior to consideration of this application.

Note:Mr P Garner (agent on behalf of the applicant) had registered his intention to address the Committee on this matter but did not speak.

The Committee considered a report regarding the above planning application.

RESOLVED – That the application be APPROVED subject to the prior completion of a Section 106 agreement to secure:

·  Affordable Housing comprising 2 social rented units and 1 shared ownership unit.

·  financial contribution of £6501.02 towards the enhancement and maintenance of the Local Nature Reserve at Brereton Heath

·  financial contribution (£14822.66) towards the off-site enhancement and maintenance of community space at School Lane, Brereton Green

·  ecological mitigation/maintenance

and the following conditions:

1.      Standard

2.      Plans

3.      Materials to be submitted and approved

4.      Obscured glazing to first floor window in south elevation of plot 5

5.      Submission of contaminated land investigation

6.      The hours of construction (and associated deliveries to the site) of the development shall be restricted to 08:00 to 18:00 hours on Monday to Friday, 08:00 to 13:00 hours on Saturday, with no work at any other time including Sundays and Public Holidays.

7.      Details of the method, timing and duration of any pile driving operations to be submitted and approved 

8.      Landscaping to be submitted and approved

9.      Implementation of landscaping

10.Implementation of boundary treatment

11.Provision of carparking

12.Construction of access

13.Details of special constriction techniques for driveway to Plot 11

14.Scheme of tree protection to be in accordance with TEP plan 03B

15.No works within protected area

16.Updated badger survey to be undertaken prior to the commencement of development

17.Protection of breeding birds.

To consider the above planning application.

Note: Councillor A Thwaite declared a personal interest in respect of the above application on the grounds that he had been a customer of the company. In accordance with the code of conduct, he remained in the meeting during consideration of this item.

The Committee considered a report regarding the above planning application.

RESOLVED – That the application be APPROVED subject to the following conditions:

1.      Time limit

2.      Development in accordance with approved plans

3.      Submission/approval of external materials

4.      Submission/approval of details of vehicular accesses

5.      Hours of construction – 0800 to 1800 Mon – Fri, 0800 to 1300 – Sat, no working on Sundays and public holidays

6.      Submission/approval of details of any piling

7.      Hours of operation – as detailed in the application

8.      Submission of a Phase I contaminated land survey

9.      Tree protection

10.Submission of a landscaping scheme

11.Implementation of landscaping scheme

12.Submission/approval of boundary treatments

13.Compliance with recommendations in the ecology report

14.Protection of birds during breeding season

15.Retail sales to be limited to an area of 214m², and as indicated on the approved plan.

To consider the above planning application.

Note: Having declared a personal and prejudicial interest in this application, Councillor D Marren withdrew from the meeting during consideration of this item.

Note:Mr C Still (applicant) attended the meeting and addressed the Committee on this matter.

The Committee considered a report regarding the above planning application.

RESOLVED – That the application be APPROVED subject to the following conditions:

1.      Time limit

2.      Development in accordance with the approved plans

3.      Prior approval of materials

4.      Submission and approval of landscaping scheme

5.      Implementation of approved landscaping scheme

6.      Submission/approval/implementation of a scheme of boundary treatments

7.      Submission/approval/implementation of details of 20 secured cycle stands

8.      Submission/approval/implementation of a travel plan

9.      Submission/approval of a Phase II contaminated land survey

10. Hours of construction

11. Details of piling

12. Noise levels

13.Protection of birds during the breeding season

14. Retention of hedgerow and provision of 2m buffer on the northern boundary

To consider the above planning application.

The Committee considered a report regarding the above planning application.

RESOLVED – That the application be DEFERRED for a Committee site inspection to enable Members to assess the impact of the proposed development on neighbouring residential amenity.

To consider the above planning application.

The Committee considered a report regarding the above planning application.

RESOLVED – That the application be APPROVED subject to the following conditions:

1. Standard time limit 3 years

2. Materials to be submitted to the LPA and approved in writing

3. Surfacing materials to be submitted to the LPA and approved in writing

4. Prior to the commencement of development a Contaminated Land Assessment shall be submitted to the Local Planning Authority and approved in writing and any remediation measures shall be implemented

5. Condition to specify the approved plans

6. The car/HGV parking shown on the approved plans to be provided before the unit hereby approved is first occuppied

7. Cycle parking facilities to be submitted to the LPA and approved in writing

8. Shower facilities to be submitted to the LPA and approved in writing

9. Drainage details to be submitted to the LPA and approved in writing

10. Details of oil interceptors to be submitted to the LPA and approved in writing

11. External lighting to be submitted to the LPA and approved in writing

12. No external storage

13. Bin Storage details to be submitted to the LPA and approved in writing

14. Landscaping to be submitted to the LPA and approved in writing

15. Landscaping to be completed

16. The hours of construction (and associated deliveries to the site) of the development shall be restricted to 08:00 to 18:00 hours on Mondays to Fridays, 08:00 to 13:00 hours on Saturdays, with no work at any other time including Sundays and Public Holidays.

17. Details of any pile driving to be submitted to the LPA and approved in writing

18. Prior to the development coming into use, the applicant shall submit to the local planning authority a travel plan demonstrating how they will ensure that vehicle movements associated with the development (staff cars, deliveries and HGV movements) from the site will be managed to ensure that traffic congestion within the air quality management area will not be adversely affected.

19. Prior to first occupation the new access and visibility splays will be constructed to completion in accordance with approved plans

20. Prior to first occupation the existing access will be permanently closed and the highway kerb line reinstated at the edge of carriageway

21. Prior to any commencement of works between 1^st March and 31^st August in any year, a detailed survey is required to check for nesting birds. Where nests are found in any building, hedgerow, tree or scrub to be removed (or converted or demolished in the case of buildings), a 4m exclusion zone to be left around the nest until breeding is complete. Completion of nesting should be confirmed by a suitably qualified person and a report submitted to the Council.

22. Prior to the commencement of development the applicant to submit detailed proposals for the incorporation of features into the scheme suitable for use by breeding birds. Such proposals to be agreed by the LPA. The  ...  view the full minutes text for item 55.

To consider the above planning application.

Note: Councillor S Jones (Ward Councillor), Mr M Williams (objector) and Mr D Whitney (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 and a written update.

RESOLVED – That the application be APPROVED subject to 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 of scheme of protection for trees ,shrubs and hedges

5. Submission of method statement relating to the construction of the driveway and drainage

6. Works shall stop should protected species be found

7. Limits on hours of construction

8. Limits on hours of piling

9. Submission of details of boundary treatments

10. Removal of permitted development rights

11. Submission of details of floor levels

12. Submission of landscaping scheme

13. Implementation of landscaping scheme

To consider a proposed variation to the Section 106 Agreement attached to planning permission 06/1414/FUL.

The Committee considered a report regarding a proposed variation to the Section 106 Agreement attached to planning permission 06/1414/FUL.

RESOLVED - That the Borough Solicitor be requested to prepare a Deed of Variation in respect of the Section 106 Agreement attached to planning permission 06/1414/FUL, as follows:

(a) to omit Renew Land (Albany Mill) as a party to the Section 106 Agreement;

(b) to change the tenure of Block C from Discounted for Sale housing to Shared Ownership;

(c) to include the option that Great Places could offer all the shared ownership units on the development as rent to buy for up to 5 years, if there is not sufficient market for the shared ownership units.