Agenda and minutes

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.

The following declarations were made in the interests of openness:

With regard to application number 12/3076C, Councillor Rhoda Bailey declared that she had previously assisted the applicant with a case that went to appeal.

With regard to application number P09/0014, Councillors R Cartlidge and P Groves declared that they had been appointed as Council representatives on the Board of Wulvern Housing but that they had not actively promoted the application.

Councillor P Butterill declared that, notwithstanding the publication in the press of a letter from her regarding development on Greenfield sites, she had kept an open mind with respect to all the applications on the agenda for the current meeting, and that she would consider each item on its merits, having heard the debate and all the information.

Councillor D Bebbington declared that, notwithstanding the publication in the press of a letter from him regarding the Keep it Green Campaign, he had kept an open mind with respect to all the applications on the agenda for the current meeting, and that he would consider each item on its merits, having heard the debate and all the information.

Councillor J Clowes declared that, as Health and Adult Social Care Portfolio Holder, she had no conflict of interest with regard to application numbers 12/3877N and 12/3740N.

With regard to application number 12/2225C, Councillor S McGrory declared that he was a member of Middlewich Town Council, and that he had had various contacts regarding the application but had not expressed an opinion.

With regard to application numbers 12/3603C, 12/1650C and 12/1455C, Councillor G Merry declared that she was a member of Sandbach Town Council, but that she had not taken part in any discussions in respect of the applications.

To approve the minutes of the meeting held on 31 October 2012.

RESOLVED – That the minutes of the meeting held on 31 October 2012 be approved as a correct record and signed by the Chairman.

To consider the above planning application.

The Chairman reported that this application had been withdrawn from the agenda to enable officers to address ecological issues that had been raised prior to the meeting.

To consider the above planning application.

Note: Councillor P Butterill left the meeting and returned during consideration of this item but did not take part in the debate or vote.

Note: Mr I Pick (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 an oral update by the Principal Planning Officer.

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

1.    Standard

2.    Plans

3.    Materials

4.    Drainage

5.    Landscaping Submitted

6.    Landscaping Implemented

7.    External Lighting

8.    Method for the Control of Flies

9.    Treatment of Manure from Site

10.The Auto Start Generator and Ridge Fans to be Installed and Maintained in Accordance with Manufactures Instructions

11.Surfacing Materials

To consider the above planning application.

The Committee considered a report regarding the above planning application and an oral update by the Principal Planning Officer.

RESOLVED – That authority be DELEGATED to the Development Management and Building Control Manager in consultation with the Chairman to approve the application for the reasons set out in the report, subject to no new issues being raised following the advertisement of the application as a departure from policy

and the following conditions:

1.      Time limit.

2.      Compliance with the approved plans.

3.      Skips stored on the site shall not exceed a height of 2.5m from ground level.

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

5.      Submission and implementation of details of the post and rail fence at the north western end of the site.

6. Retention of hedgerow.
7. Hours of use to be consistent with the main site.

To consider the above planning application.

Note: Councillor M Martin arrived during consideration of this item but did not take part in the debate or vote.

Note: Mr G Kench (on behalf of a local representative group), Mr B Cole (objector) and Ms H Hartley (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 report of the site inspection.

RESOLVED – That the application be DEFERRED to allow officers to seek clarification regarding the width of the access off Nantwich Road and its suitability for construction vehicles, and to undertake further discussions with the applicant regarding pepper-potting of the affordable housing.

To consider the above planning application.

The Committee considered a report regarding the above planning application and an oral update by the Principal Planning Officer.

RESOLVED

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

1. Standard time 3 years

2. Materials to be as per the letters of 13^th September 2010 & 16^th March 2011

3. Surfacing materials as per the attachments to the letter of 22^nd July

4. Landscape scheme as per plan reference REV A

5. Landscape scheme to be completed in accordance with the approved details

6. Boundary treatment as per the attachments to the letter of 22^nd July 2010 and attached to the e-mail of 7^th March 2011 from Andy Pyatt

7. Provide car parking as shown on the approved plan

8. Drainage details as per plans reference 2500MM/D1 and 1130/11

9. Access to be constructed to CE spec

10. Footpath link to front of site to be provided in accordance with plan reference 1130/21 Revision G

11. Access to 175 Broad Street to be retained

12. Approved plans

13. Obscure glazing to be provided and retained

14. The noise attenuation measures described in paragraph 2.1 Traffic Noise Assessment and paragraph 2.2 Entertainment Noise Assessment of the Technical Report dated 7^th October 2009 should be undertaken by the developer.

15. Window reveals of 55mm to be provided to all windows and doors

16. Restrict use of the site to use class C2 (Residential Institutions)

17. Cycle parking as per the agreed details

18. Gas Absorption Heat Pump to be provided and retained

19. Detail of window design details as attached to e-mail of 23^rd July 2010

(b)    That, in the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Development Management and Building Control Manager be granted delegated authority to do so in consultation with the Chairman of the Southern Planning Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.

To consider the above planning application.

Note: Prior to consideration of this application, the meeting was adjourned for ten minutes for a break.

Note: Councillor B Moran (Ward Councillor), Councillor S Corcoran (Visiting Member),Mr T Waite (objector) and Mr S Harris (on behalf of the applicant) attended the meeting and addressed the Committee on this matter.

Note: Following the public speaking, Councillor D Newton declared that he knew the applicant and 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.

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

The proposed development would have an unacceptable adverse impact on the Wildlife Corridor that is not outweighed by other matters of overriding interest namely housing land supply. The development is therefore contrary to Policies GR1 and NR4 of the adopted Congleton Borough Local Plan First Review 2005. The proposal would not represent sustainable development as it would not conserve or enhance the natural environment and would be contrary to paragraph 109 of the NPPF.

To consider the above planning application.

Note: CouncillorS McGrory left the meeting prior to consideration of this application.

Note: Ms C Clarke (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 a site plan which was circulated at the meeting.

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

1.      Standard Time Limit

2.      Plan References

3.      Materials

4.      Details of Secured Covered Cycle Parking to be Submitted and Agreed in Writing

5.      Surfacing Materials to be submitted and agreed

6.      Details of Boundary Treatment to be submitted and approved

7.      Details of the bin storage area to be submitted and agreed in writing

8.      Landscaping submitted

9.      Landscaping implemented

10.   Windows in the side elevation facing Greystone Park at first floor level to be obscurely glazed

11.   No subdivision

12.   Drainage scheme to be submitted and approved in writing

13.   Contaminated land report

14.   Car parking and turning areas to be made available prior to the first occupation of the building

15.   The building shall be for the sale/hire of tools and plant only

16.   Floor Floating

17.   Hours of Construction

       Monday – Friday                          08:00 to 18:00 hrs

       Saturday                                       09:00 to 14:00 hrs

       Sundays and Public Holidays             Nil

18.   Hours of Operation

19.   No external lighting

20.   Pile foundations

       Monday – Friday                            09:00 – 17:30 hrs

       Saturday                                        09:00 – 13:00 hrs

       Sunday and Public Holidays               Nil

21.   Trade Counter

To consider the above planning application.

Note: Having declared that they had been appointed as Council representatives to Wulvern Housing, CouncillorsR Cartlidge and P Groves withdrew from the meeting during consideration of this item.

Note: Mr G Allen and Mr N Powell (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 an oral update by the Southern Area Manager – Development Management clarifying that RES 7 as modified was not a saved policy, but that the application was policy compliant.

RESOLVED – That, for the reasons set out in the report, the application be APPROVED, subject to the satisfactory completion of a Section 106 agreement to secure:

·         Provision of commuted sum in lieu of on site provision of children’s play equipment and casual recreational open space -£17,500.

·         Provision of 11 affordable housing units Including a cascade for the occupation of the dwellings -

1 Crewe

2 Cheshire East .

and the following conditions:

1. A03FP - Commencement of development (3 years)

2. A03AP - Development in accord with approved plans (numbered)

3. A02EX – Details of Proposed Materials

4. No demolition during bird breeding season or site checked by

Ecologist

5. 10/% renewable energy provision

6. Access and car parking to be provided

7. Cycle rack details and to be provided

8. Solar panels to be provided and maintained and method statement

9. Landscaping

10. Landscaping implementation

11. Boundary treatment

12. Waste management plan

13. Sustainable urban drainage measures

14. Noise attenuation

15. Lighting scheme

16. Finished floor levels

17. Details of features for birds

To consider the above planning application.

Note: Mr C Oxley (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, for the reasons set out in the report, the application be APPROVED, subject to the satisfactory completion of a Section 106 agreement to link the scheme to the earlier permission

and the following conditions:

1.      Standard time limit

2.      Development in accordance with the approved and amended plans

3.      Submission and approval of external materials and finishes

4.      Submission of details of landscaping to include details of boundary treatments

5.      Submission of arboricultural statement for retained trees

6.      Details of drainage

7.      Hours of piling restricted

8.      Hours of construction restricted

9.      Gas monitoring

10.   Protected species

11.   No works within bird breeding season without survey

12.   Submission of details of levels

13.   Obscured glazing

14.   Removal of permitted development rights for openings

To consider the above planning application.

The Committee considered a report regarding the above planning application and an oral update by the Southern Area Manager – Development Management.

RESOLVED – That, for the reasons set out in the report, the application be APPROVED, subject to the satisfactory completion of a Section 106 agreement to secure a financial contribution of £3,000 for the introduction of a weight restriction on the railway bridge to the right of the site, as Members considered that, in accordance with the Community Infrastructure Levy Regulations 2010, it was a) necessary to make the development acceptable in planning terms, b) directly related to the development and c) fairly and reasonably related in scale and kind to the development because it would pay for an order to restrict the size/weight of vehicles travelling to/from the site in the vicinity of the school

and the following conditions:

1       Standard

2       Reference to plans.

3       Materials

4       Construction of parking and access

5       Submission / approval and implementation of travel plan

6       Submission / approval of landscaping

7       Implementation of landscaping

8       Construction Hours limited to Monday – Friday 08:00 to 18:00 hrs; Saturday 09:00 to 14:00 hrs; Sundays and Public Holidays Nil

9       Submission / approval and implementation of external lighting

10    Building to be used for the display, sale, storage and repair of agricultural machinery with ancillary offices / retail sales only

11    The unit shall not be used for retailing any goods other than those genuinely associated with a an agricultural machinery dealership, and shall not be used for the retailing of any of the following goods:

·           Fashion clothing and footwear (other than country, equestrian and leisure clothing and footwear normally retailed within a country store);

·           Fashion accessories, including jewellery, cosmetics, toiletries and pharmaceutical products; books, newspapers and magazines (other than specialist publications or animal health products normally retailed within a country store);

·             Electrical goods (other than those which would normally be retailed within a country store);

·           Kitchenware or goods associated with cookery

12 Widening of left turn radius off A51

13 Layby/passing bay between site and A51

14 Provision of ghost island/right turn off A51

To consider the above planning application.

Note: Councillor M Boffey (on behalf of Dodcott-Cum-Wilkesley Parish Council) and Ms S Nicholls(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 an oral report of the site inspection.

RESOLVED

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

1. Standard – 3 years

2. Materials to be submitted and approved

3. Removal of all permitted development rights including no insertion of rooflights or other openings and no closing of existing openings.

4. No rebuilding permitted; repair and refurbishment only

5. Curtilage of dwellings should not extend beyond that illustrated in submitted drawings.

6. Window reveal to be 100mm

7. Demolition of existing buildings prior to occupation of the dwellings

8. Provide car parking spaces prior to occupation

9. Drainage details to be submitted and approved

10.Landscaping to be submitted

11. Landscaping to be completed

12. Boundary treatment to be submitted and approved

13. Rainwater goods to be black and metal

14. Surfacing Materials to be submitted and approved

15. Retention of window shutters

16. Conservation style roof lights

17. Timber doors and frames

18. Contaminated Land

19. Bin storage to be submitted and approved

20. Approved plans

21. Development to be carried out in accordance with Protected Species Mitigation Measures

22. External lighting to be submitted and approved

23. Works within the bird breeding season

24. Re-designed access to accommodate refuse vehicles

25. Hours of construction

26. Five metre buffer to Barnett Brook

27. Communal bin store

(b)  That, in the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Development Management and Building Control Manager be granted delegated authority to do so in consultation with the Chairman of the Southern Planning Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.

To consider the above planning application.

Note:Councillor S Corcoran (Visiting Member) and Mr A Dodson (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 an oral report of the site inspection.

RESOLVED – That, for the reasons set out in the report, the application be APPROVED, subject to the satisfactory completion of a Section 106 agreement to secure the following:

·           Provision of 30% affordable housing units – 65% to be provided as social rent/affordable rent with 35% intermediate tenure

·           A commuted sum payment of £15,963.75 maintenance of on site POS

·           Commuted sums for enhanced Provision of £12,361.95 and Maintenance sum of £40, 297.50 in lieu of Children’s and Young persons provision

·            A commuted payment of £75,924.03 towards primary school education and £81,713.45 secondary school education

and the following conditions:

1.      Standard outline

2.      Submission of reserved matters (landscaping, external appearance, layout and scale)

3.      Approved plans

4.      Scale Parameters  - no higher 2 ½ storey

5.      Landscaping to include boundary treatments

6.      Contaminated land investigation (Phase 1)

7.      Hours of construction/demolition

8.      Details of pile driving operations

9.      Submission of Environmental Management Plan (noise and air quality during demolition and construction)

10.   Scheme to accord with Flood risk Assessment

11.   Scheme of  surface water regulation to be submitted

12.   Only foul drainage to be connected to sewer

13.   Retention of important trees

14.   Submission of Comprehensive tree protection measures

15.   Implementation of Tree protection

16.   Timing of the works and details of mitigation measures to ensure that the development would not have a detrimental impact upon breeding birds.

17.   Submission of details of boundary treatment

18.   open plan estate

19.   Provision of 2 m wide pavement to Station road/ Elton Crossing Road

20.   Existing access to be closed off and made to adoptable standards

21.   Private maintenance contract to be submitted and approved  for Public Open Space

22.   Existing vehicular access to be closed off and made up to adoptable standards as pavement

23.   Renewable Energy

To consider the above planning application.

Note: Councillors R Cartlidge, M Martin and D Newtonleft the meeting prior to consideration of this application.

The Committee considered a report regarding the above planning application.

RESOLVED – That the application be DEFERRED to allow officers to consider a more restrictive condition on occupation and assess whether the rooms meet current standards.