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:

All Members of the Committee declared that they had received correspondence regarding application number 15/0699C.

With regard to application number 14/5662N, Councillor J Clowes declared that she had called in the application on behalf of the parish council and local residents but that she 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 15/0855N, Councillor D Marren declared that he lived near the application site and that he would not take part in the decision.

With regard to application number 15/0275N, Councillor P Groves declared that he was a member of Bulkeley & Ridley Parish Council but that he had not discussed this application and had kept an open mind.

With regard to application number 14/5781N, Councillor P Groves declared that he was a member of Stapeley & District Parish Council but that he had not discussed this application and had kept an open mind.

With regard to application number 15/1198N, Councillor P Groves declared that he had been appointed as a Council representative on the Board of Wulvern Housing but that he had not participated in the discussions at Wulvern Housing with respect to this application and therefore felt comfortable declaring his appointment to Wulvern, staying in the room and participating in the decision.

With regard to application number 14/3167N, Councillor S Davies declared that he knew the applicant.  He was not a personal friend, and he had not discussed the application with him.

With regard to application numbers 15/0855N and 15/1188N, and agenda item number 20, Councillor S Hogben declared that he was a member of Shavington-cum-Gresty Parish Council, but that he had not discussed these applications and had kept an open mind.

With regard to application number 14/5254C, Councillor G Merry declared that she was a member of Sandbach Town Council but that she was not a member of its planning committee and had not discussed this application.

To approve the minutes of the meeting held on 25 March 2015.

RESOLVED – That the minutes of the meeting held on 25 March 2015 be approved as a correct record and signed by the Chairman.

To consider the above planning application.

Note: Councillor M Jones (Ward Councillor), Parish Councillor R Pulford (on behalf of Bunbury Parish Council), and Ms C Bunting (on behalf of the applicant) attended the meeting and addressed the Committee on this matter.

Note: Mr G McCormack (applicant) had registered his intention to address the Committee but did not speak.

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 a S106 Agreement making provision for affordable housing comprising 4 units on site, 2 for social/affordable rent and 2 for intermediate tenure, including a cascade provision to ensure that the affordable dwellings meet a local need

and the following conditions:

1.    Standard Outline Time Limit

2.    Submission of Reserved Matters

3.    Plans

4.    Prior submission of facing and roofing material details

5.    Prior submission of surfacing material details

6.    Boundary treatment

7.    Tree protection – Implementation

8.    Hedgerow planting

9.    Nesting birds

10. Features for breeding birds to be incorporated

11. Access to be constructed in accordance with approved plans

12. Footways of 2 metres to be provided along site frontage

13. Accordance with recommendations of ecological report

14. Hours of piling

15. Prior submission of a piling method statement

16. Prior submission of any external lighting

17. Prior submission of a dust mitigation scheme

18. Retention of Pond to south of site

19. Drainage to be connected to foul sewer

(b) That, in order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority be delegated to the Principal Planning Manager, in consultation with the Chairman (or in her absence the Vice Chairman) 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 planning application.

Note: Councillor M Jones (Ward Councillor), Parish Councillor R Pulford (on behalf of Bunbury Parish Council) and Ms S Nash (on behalf of Bunbury Heath Action Group) attended the meeting and addressed the Committee on this matter.

Note: Mr J Cove had not registered his intention to address the Committee on behalf of the applicant.  However, in accordance with paragraph 2.8 of the public speaking rights at Strategic Planning Board and Planning Committee meetings, the Committee agreed to allow Mr Cove to speak.

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 NE2 (Open Countryside) and RES5 (Housing in the Open Countryside) of the Crewe and Nantwich Replacement Local Plan , Policy PG5 of the emerging Cheshire East Local Plan Strategy – Submission Version 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 and creates harm to interests of acknowledged importance.

2.    The Local Planning Authority considers that the scale of the proposed development would be premature following the publication consultation draft of the Bunbury Neighbourhood Plan. As such allowing this development would prejudice the outcome of the neighbourhood plan-making process and would be contrary to guidance contained at Paragraph 216 of the NPPF and guidance contained within the NPPG.

(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 Principal Planning 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 Principal Planning 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 part withdrawal of the reason for refusal relating to planning application 14/2204N.

Note: Councillor M Jones (Ward Councillor) attended the meeting and addressed the Committee on this matter.

The Committee considered a report regarding the reason for refusal relating to planning application 14/2204N.

RESOLVED

(a)  That, for the reasons set out in the report, the housing land supply grounds be withdrawn from the reason for refusal and that the Head of Planning (Regulation) be instructed not to contest this issue at the forthcoming Appeal.

(b)  That the reason for refusal be amended to read as follows:

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.

To consider the above planning application.

Note: Councillor M Jones attended the meeting and addressed the Committee on this matter.  Councillor Jones declared that, in addition to being a Neighbouring Ward Councillor, he was a parish councillor in the area and he lived on Mill Lane.

The Committee considered a report regarding the above planning application.

The Principal Planning Officer reported a correction to the report, in which the second sentence of the paragraph entitled ‘Health’ should be amended to read: ‘Furthermore the practice has not closed their list and they are not being forced to accept new patients.’

RESOLVED – That the application be DEFERRED for the following:

- Further information with respect to the affordable housing

- Clarification of the TPO trees on site

- Further information regarding sewage disposal with reference to the dwelling to the north of the site

- A Committee site inspection to enable Members to assess the impact of the proposed development

To consider the above planning application.

Note: Ms E Philcox attended the meeting and addressed the Committee on behalf of the applicant.

Note: Ms J Taylor-Smith (applicant) had registered her intention to address the Committee but did not speak.

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.            Within 3 months – submission of a Delivery Management Plan

2.            Development in accordance with approved amended plans received 29^th April 2010 (10/0741C)

3.            Materials - as per discharge (27/10/2011)

4.            Restriction of retail floor space within the supermarket to 1318m² net retail floor space.

5.            Restriction on hours of opening for supermarket (as recently approved)

6.            Restriction on hours of opening of restaurant

7.            Restriction on hours of delivery for all units (as revised)

8.            Noise mitigation for delivery areas – as per discharge (27/10/2011)

9.            Noise mitigation for plant and equipment – as per discharge (07/03/2012)

10.         Refrigeration and/or air conditioning plant and equipment - Submission of details within 6 months

11.         Extraction equipment re cooking equipment – Submission of details within 6 months

12.         Bus stop upgrade details - Submission of details within 6 months

13.         New junction plans – as per discharge (07/03/2012)

14.         Final layout of the car parking area - as per discharge (27/10/2011)

15.         Signal junction installations - as per discharge (07/03/2012)

16.         TRANSYT Design - as per discharge (07/03/2012)

17.         Electric car charger points - as per discharge (27/10/2011)

18.         CCTV details - Submission of details within 6 months

19.         Public realm treatment strategy – as per discharge (07/03/2012)

20.         Footpath enhancement - as per discharge (07/03/2012)

21.         Surface water discharge rates - as per discharge (27/10/2011)

22.         Surface water regulation system timescales - Submission of details within 6 months

23.         Site to be drained on a separate system with only foul drainage connected into the foul sewer - as per discharge (27/10/2011)

24.         Standard landscaping - as per discharge (27/10/2011)

25.         Tree Protection - as per discharge (27/10/2011)

26.         Standard landscaping replacement planting within remaining period.

27.         Ecological enhancements (bat and bird boxes and tree planting to be native species) - Submission of details within 6 months

28.         Roller shutter details - as per discharge (24/02/2012)

29.         Site waste management plan - as per discharge (24/02/2012)

30.         Post construction Review - Submission of details within 6 months

31.         Development phasing - as per discharge (07/03/2012)

32.         10% renewable energy – Submission of details within 6 months

33.         Public Art - as per discharge (30/05/2013)

34.         External lighting - as per discharge (07/03/2012)

(b)That, in order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority be delegated to the Principal Planning Manager, in consultation with the Chairman (or in her absence the Vice Chairman) 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  ...  view the full minutes text for item 172.

To consider the above planning application.

The Committee considered a report regarding the above planning application and a written update.

RESOLVED

(a) That, for the reasons set out in the report and the update, the application be APPROVED subject to completion of a Section 106 Agreement making provision for:

·                     Affordable Housing comprising 47 units on site (100%) for affordable rent

·                     £119,602.21 commuted sum towards education

·                     £22,626.06 commuted sum towards Public Open Space (Elworth Park)

And the following conditions

1. Standard time limit 3 years

2. Development to be carried out in accordance with approved / amended plans

3. Submission of contaminated land report

4. Submission / approval and implementation of environmental management plan

5. Hours of construction limited

6. Hours of piling limited

7. Accordance with submitted noise mitigation scheme

8. Submission / approval and implementation of scheme to minimise dust emissions

9. Drainage - Foul drainage should be connected to foul sewer

10. Construction of approved access

11. Ecological mitigation to be carried out in accordance with submitted statement

12. Phase II Contaminated land report to be submitted to and approved in writing by the LPA

13. Bird breeding survey

14. Incorporation of features for breeding birds

15. Materials to be submitted and approved

16. Landscaping scheme to be submitted including management details and boundary treatments

17. Landscaping implementation

18. Submission of plan showing refuse vehicle tracking

19. Submission of a suite of design and construction plans for access

20. Parking to be provided as per approved plan prior to first occupation

21. Removal of permitted development rights Classes A-E

22. Provision of cycle parking

23. Provision of bin storage

(b)That, in order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority be delegated to the Principal Planning Manager, in consultation with the Chairman (or in her absence the Vice Chairman) 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.

(c)That, should this application be the subject of an appeal, authority be delegated to the Principal Planning 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 with the following Heads of Terms:

·                    Affordable Housing comprising 47 units on site (100%) for affordable rent

·                    £119,602.21 commuted sum towards education

·                    £22,626.06 commuted sum towards Public Open Space (Elworth Park)

To consider the above planning application.

Note: The Principal Planning Officer read a representation from Councillor D Bebbington (Ward Councillor), who was unable to attend the meeting.

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 a S106 Agreement to secure:

1.            A scheme for the provision of 30% affordable housing – 65% to be provided as social rent/affordable rent with 35% intermediate tenure. The scheme shall include:

- The numbers, type, tenure and location on the site of the affordable housing provision

- The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing

- The arrangements for the transfer of the affordable housing to an affordable housing provider or the management of the affordable housing if no Registered Social Landlord is involved

- The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

- The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

2.            £32,538.87 contribution to Primary School education

And the following conditions

1.            Time Limit (Outline) A06OP

2.            Submission of reserved matters A01OP

3.            Reserved Matters application made within 3 years A03OP

4.            Development in accordance with approved plans

5.            Restriction of dwelling/unit heights to 7.8 metres (maximum)

6.            Prior submission of a foul drainage scheme

7.            Prior submission of a surface water drainage scheme

8.            Hours of Piling

9.            Prior submission of a piling method statement

10.         Prior submission of a dust mitigation scheme

11.         Prior submission of an Environmental Management Plan

12.         Prior submission of land contamination report (Phase II)

13.         Safeguard breeding birds A06NC

14.         Incorporation of features for breeding birds

(b) That, in order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority be delegated to the Principal Planning Manager, in consultation with the Chairman (or in her absence the Vice Chairman) 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.

Informative:

The location of the affordable housing to be carefully considered at the Reserved Matters stage.

To consider the above planning application.

Note: Councillors S Hogben and D Marren declared that they knew Parish Councillor T Lightfoot.

Note: Having declared that he was a member of the same parish council as Mr R Spruce, Councillor D Marren withdrew from the meeting during consideration of this item.

Note: Parish Councillor T Lightfoot (on behalf of Wybunbury Parish Council), Ms S Clark (objector) and Mr R Spruce (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 the application be DEFERRED for a Committee site inspection to enable Members to assess the impact of the proposed development.

To consider the above planning application.

Note: Prior to consideration of this application, the meeting was adjourned for refreshments.

Note: Councillor J Clowes left the meeting prior to consideration of this application.

Note: Mr Poole (objector)had not registered his intention to address the Committee.  However, in accordance with paragraph 2.8 of the public speaking rights at Strategic Planning Board and Planning Committee meetings, the Committee agreed to allow Mr Poole to speak.

The Committee considered a report regarding the above planning application.

RESOLVED – That the application be DEFERRED for the following:

- Further information with respect to the drainage ditches

- A Committee site inspection to enable Members to assess the impact of the proposed development

- Further information with respect to the impact upon PROW 48

- Details of the management of the SBI

- Details of the separation between the SBI and POS

- Details of the impact upon the pumping station on Close Lane and its discharge

To consider the above planning application.

Note: Mr A Taylor attended the meeting and addressed the Committee on behalf of the applicant.

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 to the Section 106 agreement to secure the same Heads of Terms as application 13/4648N

And the following conditions:

1.            Standard Time Limit

2.            Plan references

3.            Materials to be submitted and Agreed

4.            Details of Boundary Treatment to be Submitted and agreed

5.            Details of Surfacing Materials to be Submitted and Agreed

6.            Remove Permitted Development Rights

7.            Details of Drainage Scheme to be Submitted and Approved

8.            Landscaping Submitted

9.            Landscaping Implemented

10.         Car Parking

11.         Details of External Lighting to be Submitted and Agreed in Writing

(a)          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 Principal Planning 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 Principal Planning 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.

The Chairman reported that this application had been withdrawn from the agenda prior to the meeting.

To consider the above planning application.

Note: Having declared that he lived near the application site, Councillor D Marren did not take part in the Committee’s consideration of this item.

Note: Parish Councillor W McIntyre attended the meeting and addressed the Committee on behalf of Shavington-cum-Gresty Parish Council.

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.            Time (3 years)

2.            Plans

3.            Materials to match

4.            Obscure Glazing ground floor windows facing No 68

5.            Obscure Glazing stairway and bathroom window facing No 64

(b) That, in order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority be delegated to the Principal Planning Manager, in consultation with the Chairman (or in her absence the Vice Chairman) 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 planning application.

Note: Councillor S Davies left the meeting prior to consideration of this 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 three year time limit

2.            Plans

3.            Materials as per application

(b) That, in order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority be delegated to the Principal Planning Manager, in consultation with the Chairman (or in her absence the Vice Chairman) 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 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.    Construction of Access

3.    Provision of parking

4.    Implementation of Materials – No approval for buff bricks

5.    All piling operations shall be restricted to: Monday – Friday 09:00 – 17:30 hrs Saturday 09:00 – 13:00 hrs Sunday and Public Holidays Nil

6.   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

7. External lighting details as shown on plan reference SL/0214/01/001/A

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

9. Implementation of submitted Travel Plan

10. Implementation of submitted dust control measures

11. The development hereby permitted shall not be occupied until the remedial/protection measures included in the approved contaminated land report (REC Report Reference 02c45022rl, 5 March 2015) have been fully implemented and completed.

12. 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.

13. Bird and bat box details as shown on plan reference LUD1310_L001 Rev B and detailed within the e-mail from Chris Bent dated 9^th March 2015

14. Implementation of boundary treatment

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

16. Implementation of cycle parking within scheme

17. Implementation of landscaping           

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

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

20. To be maintained as affordable housing in perpetuity in accordance with approved affordable housing statement

(b) That, in order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority be delegated to the Principal Planning Manager, in consultation with the Chairman (or in her absence the Vice Chairman) 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 a proposed amendment to the committee resolution relating to planning application 14/5837N, which was determined by the Southern Planning Committee on 25 February 2015.

The Committee considered a report regarding a proposed amendment to the committee resolution relating to planning application 14/5837N, which had been approved by the Southern Planning Committee on 25 February 2015.

RESOLVED – That, for the reasons set out in the report, the mortgagee in possession (MIP) liability exclusion clause be added to the deed of variation relating to planning application 14/5837N.

To consider a proposed amendment to the unilateral undertaking relating to planning application 11/4549N.

The Committee considered a report regarding a proposed amendment to the Unilateral Undertaking relating to planning application 11/4549N, which had been allowed as a result of an appeal.

RESOLVED – That, for the reasons set out in the report, the mortgagee in possession (MIP) liability exclusion clause be added to the Unilateral Undertaking relating to planning application 11/4549N.

To consider the withdrawal of the first reason for being minded to refuse relating to planning application 14/0841N.

The Chairman has agreed to this item being added to the agenda as an urgent item of business.

In accordance with Section 100B (4)(b) of the Local Government Act 1972, the Chairman announced that she had agreed to allow consideration of this item as an additional urgent item of business.

The Committee considered a report regarding the reasons for being minded to refuse planning application 14/0841N, which was the subject of an appeal.

RESOLVED – That, for the reasons set out in the report, reason 1 for being minded to refuse planning application 14/0841N in respect of the provision of affordable housing be withdrawn and the Head of Planning (Regulation) be instructed not to contest this issue at the forthcoming Appeal.