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 numbers 14/0710C and 14/0711C, Councillor R Bailey declared that she knew one of the speakers.

With regard to application number 14/0657C, Councillor R Bailey declared that, as Deputy Cabinet Member for Safeguarding, which included Education, she would exercise her separate speaking rights as a Ward Councillor and withdraw from the meeting during consideration of this item.

With regard to application number 14/1908N, Councillor P Butterill declared that she was a member of Nantwich Town Council and Nantwich Civic Society, but that she had kept an open mind.

With regard to application numbers 14/0710C, 14/0711C and 14/0676C, Councillor G Merry declared that she was a member of Sandbach Town Council.

With regard to application number 14/0400N, Councillor S Davies declared that he had called in the application on the basis of concerns expressed by the Parish Council, and that the wording of his call in request in the officer’s report did not reflect his own views. He had kept an open mind and would consider the application on its merits, having heard the debate and all the information.

With regard to application number 13/5241N, Councillor J Clowes stated that she had called in the application on behalf of the local parish council and she had kept an open mind.

With regard to application numbers 12/2556N and 12/3263N, Councillor S Davies declared that he had not kept an open mind. Councillor Davies declared that he would exercise his separate speaking rights as a Ward Councillor and withdraw from the meeting during consideration of these items.

With regard to application number 14/1908N, Councillor P Groves declared that he had not kept an open mind. Councillor Groves declared that he would exercise his separate speaking rights as a Ward Councillor and withdraw from the meeting during consideration of this item.

With regard to application number 14/0001N, Councillor S Hogben declared that he was a member of Shavington-cum-Gresty Parish Council and had not kept an open mind.  Councillor Hogben declared that he would move from the Member seating area for the duration of the Committee’s consideration of this item.

All Members of the Committee declared that they had received correspondence regarding application number 14/1091N.

Councillor J Weatherill declared that she had received correspondence from the applicant regarding application number 14/1091N, but that it had been passed to Planning Officers and that she had kept an open mind.

Councillor D Bebbington declared that he had received correspondence regarding application numbers 14/0710C, 14/0711C and 13/5241N but that he had kept an open mind.

Councillor P Butterill declared that she had received correspondence regarding application numbers 14/1091N, 14/0710C and 14/0711C but that she had kept an open mind.

To approve the minutes of the meeting held on 7 May 2014.

RESOLVED – That the minutes of the meeting held on 7 May 2014 be approved as a correct record and signed by the Chairman.

To consider the above planning application.

Note: Councillor M Simon (Ward Councillor) and Mr R Howarth (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, contrary to the planning officer’s recommendation for approval, the application be REFUSED for the following reason:

The proposed extension by reason of its projection and reduced separation distance would have a detrimental impact upon the amenity of the occupants of No 6 Swift Close by reason of overlooking/loss of privacy. As a result the development would be contrary to Policy BE.1 (Amenity) of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and the SPD on Extensions and Householder Development.

To consider the above planning application.

Note: Councillor M Simon(Ward Councillor), Mr M Lee (objector), Mr M Bowers(supporter) and Mr N Edwards (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.  With respect to the site inspection, Daniel Evans, Principal Planning Officer, reported that Members had conducted a site visit and whilst there had been invited by a neighbour to view the site from the adjacent land. There were no discussions with Members concerning the application and the inspection had been undertaken in accordance with the Council’s Site Inspection Protocol.

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

1. Commencement of Development (Outline)

2. Submission of Reserved Matters

3. Time Limit of Submission of Reserved Matters

4. Remove Permitted Development Rights

5. Access and Scale to be in accordance with the approved plans

6. Car Parking

7. Piling

8. Hours of Construction

9. No External Lighting

10. Prior to any commencement of works between 1st March and 31st August in any year, a detailed survey shall be carried out to check for nesting birds and the results submitted to and approved in writing by the Local Planning Authority.

11. Visibility Splays to be constructed at 2.0m X 43m as shown on the approved plans

To consider the above planning application.

Note: Having made a declaration of pre-determination, Councillor S Hogben moved from the Member seating area for the duration of the Committee’s consideration of this item.

Note: Councillor D Brickhill (Ward Councillor), Parish Councillor W McIntyre (on behalf of Shavington-cum-Gresty Parish Council) and Mr R Heathcote (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

(a)  That the application be REFUSED for the following reasons:

1.  The proposed residential development is unsustainable because it is located within the Open Countryside, contrary to Policies NE.2 (Open Countryside) and RES.5 (Housing in Open Countryside) of the Borough of Crewe and Nantwich Replacement Local Plan, Policy PG 5 of the Cheshire East Local Plan Strategy – Submission Version and the principles of the National Planning Policy Framework and create harm to interests of acknowledged importance. The Local Planning Authority can demonstrate a 5 year supply of housing land supply in accordance with the National Planning Policy Framework. As such the application is also contrary to the emerging Development Strategy. Consequently, there are no material circumstances to indicate that permission should be granted contrary to the development plan.

2.  The Local Planning Authority considers that insufficient information has been submitted in relation to the affordable housing provision of the site. In this case there is little detail in relation to the tenure proposals for the affordable units including the arrangements for transfer to a Registered Provider, provisions for the units to be affordable in perpetuity and confirmation that the affordable homes to be let or sold to people who are in housing need and have a local connection. The application does not show which units are affordable as a result it is not considered that the application demonstrates a suitable level of pepper-potting on the site and the supporting documentation does not confirm that the affordable units will be built to CFSH Level 3 or to HCA Design and Quality Standards. As a result it is not considered that the proposal would create a sustainable, inclusive, mixed and balanced community and would be contrary to the Interim Planning Policy on Affordable Housing and Policy RES.7 (Affordable Housing) of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and the National Planning Policy Framework.

3.   The proposed vehicular access would be opposite an access point to serve a development of 39 dwellings which has outline consent as part of application 13/4675N. It is considered that the access proposed as part of this application would result in the creation of a crossroads at the site opposite which would result in turning conflicts to occur on Newcastle Road to the detriment of highway safety. As a result the proposed development would be contrary to Policy BE.3 (Access and Parking) of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and the NPPF.

4.    Part of this site is subject to surface water  ...  view the full minutes text for item 5.

To consider the above planning application.

Note: Councillor B Moran (Ward Councillor), Town Councillor M Benson (on behalf of Sandbach Town Council), Mr P Edwards (on behalf of Hands Off Our Sandbach), Dr A Bastock (objector) and Mr R Gascoigne (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, contrary to the planning officer’s recommendation for approval, the application be REFUSED for the following reason:

The Local Planning Authority considers that the proposed development would result in an over intensive form of development that would have an adverse impact upon the setting of the Listed Building and the character of the area. As a result the proposed development is contrary to Policies GR1, GR2 and BH4 of the Congleton Borough Local Plan First Review 2005 and guidance contained within the NPPF (specifically Paragraph 134 of the NPPF).

To consider the above planning application.

Note: Councillor B Moran (Ward Councillor), Town Councillor M Benson (on behalf of Sandbach Town Council) and Mr R Gascoigne (on behalf of the applicant) attended the meeting and addressed the Committee on this matter.

Note: Mr P Edwards (on behalf of Hands Off Our Sandbach) and Dr A Bastock (objector) had registered their intention to address the Committee on this matter but indicated that they no longer wished to speak.

The Committee considered a report regarding the above planning application.

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

The Local Planning Authority considers that the proposed development would have an adverse impact upon the Listed Building. As a result the proposed development is contrary to Policies BH4 and BH5 of the Congleton Borough Local Plan First Review 2005. The proposed development is also contrary to the guidance contained within paragraphs 132 and 134 of the NPPF as the applicant has not provided clear and convincing justification for the development and the public benefits of the proposal have not been identified to outweigh the less than substantial harm to the Listed Building.

To consider the above planning application.

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

The Committee considered a report regarding the above planning application.

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

1. Advertisement standard conditions 1 - 5

2. Approved plans

To consider the above planning application.

Note: Having exercised her separate speaking rights as a Ward Councillor, Councillor R Bailey withdrew from the meeting for the duration of the Committee’s consideration of this item.

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

The Committee considered a report regarding the above planning application.

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

1. Standard Time Limit (3 Years)

2. Approved Plans

3. Materials to be submitted and agreed

4. Landscaping (to include the retention of the leylandii hedgerow and a scheme of replacement tree planting) to be submitted and agreed

5. Implementation of the approved landscaping

6. Tree protection for retained trees and agreed

7. Details of boundary treatment to be submitted and agreed

8. External lighting details to be submitted and agreed

9. Environmental Management Plan to be submitted and agreed (including measures for dust control)

10. Scheme to be carried out in accordance with submitted Travel Plan

11. Development to be carried out in accordance with submitted Ecological Surveys (with details of 30 metre buffer zone submitted for approval)

12. Survey for nesting birds to be submitted to and approved if works are carried during the bird breeding season

13. A scheme for the incorporation of features for breeding birds to be submitted and approved.

14. Scheme to limit the surface water runoff to be submitted and agreed

15. Scheme to manage the risk of flooding from overland flow of surface water to be submitted and agreed.

To consider the above planning application.

The Committee considered a report regarding the above planning application.

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

1. Full

2. Approved Plans

3. Materials as submitted details.

4. Pile Foundations

5. Hours of construction

6. Travel Plan

7. Dust Control

8. Contamination

9. Landscape scheme

10. Landscape implementation

11. Great crested newts

12. Breeding birds

13. Construction Management Plan to include parking details and retained access to the leisure centre

To consider the above planning application.

Note: Councillor D Marren left the meeting during consideration of this application.

Note: Having exercised his separate speaking rights as a Ward Councillor, Councillor S Davies withdrew from the meeting for the duration of the Committee’s consideration of this and the following item.

Note: Ms P Shearer (on behalf of Peckforton Parish Meeting) and Mr M Watson (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, contrary to the planning officer’s recommendation for approval, the application be REFUSED for the following reasons:

1.    The proposed development would result in an encroachment of the site into the open countryside and Area of Special County Value and would have an adverse impact upon the character and rural tranquillity of the surrounding area. The development would be contrary to Policies NE.2 (Open Countryside) and NE.3 (Areas of Special County Value) of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and guidance contained within the NPPF.

2.    The Local Planning Authority considers that insufficient information has been submitted with the application in relation to woodland management, sanitation of the development, deliveries to the site, the appropriateness of the site, views of the site, the movement of visitors to and around the site and car parking. As a result the development would be contrary to Polices NE.2 (Open Countryside), NE.3 (Areas of Special County Value), NE.5 (Nature Conservation and Habitats) and BE.4 (Drainage, Utilities and Resources) of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and guidance contained within the NPPF.

To consider the above planning application.

Note: Ms P Shearer attended the meeting and addressed the Committee on behalf of Peckforton Parish Meeting.

Note: Mr M Watson (objector) had registered his intention to address the Committee on this matter but indicated that he no longer wished to speak.

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 balustrade by virtue of its siting and design is an inappropriate form of development and would have a detrimental impact upon the fabric and setting of the Listed Building. As a result the development would be contrary to Policy BE.9 (Listed Buildings) of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and guidance contained within the NPPF.

To consider the above planning application.

Note: Mr S Chettle (on behalf of Hatherton and Walgerton Parish Council) and Mr D Lafferty (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.

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.    No External Lighting

5.    Hours of Construction

To consider the above planning application.

The Committee considered a report regarding the above planning application.

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 to match the existing garage

4. Occupation to remain ancillary to the main dwelling

To consider the above planning application.

The Committee considered a report regarding the above planning application.

RESOLVED

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

1. Approved Plans

2. Materials as detailed in the application unless otherwise approved in writing.

3. Car Parking to be provided before the development is first used.

4. Cycle Parking and linkages to University Way to be provided

5. Development in accordance with Travel Plan approved as part of application 13/1732D

6. Landscaping scheme in accordance with that approved as part of application 13/1732D. Implementation and maintenance of landscaping

7. Showers to be provided within each unit and retained for use by all staff at that unit in accordance with the approved plans.

8. Boundary treatment to match that used elsewhere on the development

9. Oil interceptors to be provided to car parks.

10. Lighting scheme in accordance with that approved as part of application 13/1732D.

11. No outside storage.

12. Offices and trade counter only to be used for that specific unit and not to be occupied as a separate business.

13. Access to be in accordance with the approved plans and to CEC specification

14. Unit 1 only to be used for B2 general industrial uses.  Units 2 for B8 purposes and Units 3 and 4 to be used for Use Classes B1 (b and c), B2 and B8. The showroom and trade counter at unit 2 limited to those areas shown on the submitted plan and not used for retail to the general public.

15. Scheme of surface water regulation in accordance with that approved as part of application 13/1732D.

16. Scheme for the management of overland flow in accordance with that approved as part of application 13/1732D.

(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 Planning and Place Shaping 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.

(c) That, should this application be the subject of an appeal, authority be delegated to the Planning and Place Shaping Manager in consultation with the Chairman of the Southern Planning Committee to enter into a planning agreement in accordance with the S106 Town and Country Planning Act to secure the Heads of Terms for a S106 Agreement.

To consider the above planning application.

Note: Councillor D Bebbington left the room during consideration of this application.

Note: Parish Councillor P Godfrey (on behalf of Goostrey Parish Council), Mr C Woodall (objector) and Ms J Ashall (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 following conditions:

1. Standard time 3 years

2. Materials

3. Plans

4. Hours of construction

5. Pile driving method statement

6. Removal of PD classes A and E

7. Tree protection measures

8. Scheme of landscaping

9. Implementation of landscaping

10. Construction Management Plan

To consider the above planning application.

The Committee considered a report regarding the above planning application.

RESOLVED

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

1.    Standard time limit

2.    Standard Outline

3.    Approved plans

4.    Construction of Access

5.    Provision of parking

6.    Implementation of Materials – No approval for buff bricks

7.    No piling unless details otherwise agreed in writing with the LPA

8.   Construction works taking place during the development (and associated deliveries to the site) restricted to: Monday – Friday08:00 to 18:00 hrs  Saturday    09:00 to 14:00 hrs Sundays and Public Holidays Nil

9. Submission, approval and implementation of details of any lighting prior to installation

10. The mitigation recommended in Noise Mitigation report number 90291r0 shall be implemented prior to the use of the development / first occupation.

11. Implementation of submitted Travel Plan

12. Implementation of submitted dust control measures

13. The development shall not be occupied until the remedial/protection measures included in the approved contaminated land report (REC Report Reference 02c45022, 28 November 2013) have been fully implemented and completed.

14. Once the development is complete, a Site Completion Statement detailing the remedial/protective measures incorporated into the development hereby approved shall be submitted to and approved in writing by the LPA in full prior to the first occupation and use of this development.

15. Detailed breeding bird survey for works in nesting season

16. Features for use by breeding birds and bats

17. Implementation of boundary treatment

18. Implementation of drainage scheme approved as part of application 14/0869D

19. Implementation of cycle parking within scheme

20. Implementation of landscaping           

21.  Arboricultural Method Statement in accordance with the report reference SE467/J/01/DH

22.  Implementation of a revised landscape plan to include further tree planting. 

23.  Retention of the railings and for them to be made good where necessary to enclose the front garden areas of the proposed dwellings

24.To be maintained as affordable housing in perpetuity in accordance with approved affordable housing statement approved as part of application 14/0869D

(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 Planning and Place Shaping 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.

(c) That, should this application be the subject of an appeal, authority be delegated to the Planning and Place Shaping Manager in consultation with the Chairman of the Southern Planning Committee to enter into a planning agreement in accordance with the S106 Town and Country Planning Act to secure the Heads of Terms for a S106 Agreement.

To consider the above planning application.

Note: Having exercised his separate speaking rights as a Ward Councillor, Councillor P Groves withdrew from the meeting for the duration of the Committee’s consideration of this item.

The Committee considered a report regarding the above planning application.

RESOLVED

(a)  That, for the reasons set out in the report, the application be APPROVED subject to completion of a deed of variation of the Section 106 agreement linked to 12/4741N

And the following conditions:

1.          Compliance with amended plans

2.         Window in the first floor north elevation to be retained as obscure glazed and non opening in perpetuity.  No additional windows to be inserted in the north facing elevation of the garage

Informative – This application relates solely to the Studio Garage assoiciated with Plot 1 (1Stanley Boughey Place) and this application should be read in conjuntion with all the conditions and legal restrictions relating to planning application 12/4741N and any subsequent amendments/discharge of condition applications.

(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 Planning and Place Shaping 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.

(c) That, should this application be the subject of an appeal, authority be delegated to the Planning and Place Shaping Manager in consultation with the Chairman of the Southern Planning Committee to enter into a planning agreement in accordance with the S106 Town and Country Planning Act to secure the Heads of Terms for a S106 Agreement.