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 declaration were made in the interests of openness:

With regard to application number 15/1422N Councillor S Davies declared that he had in the past sat on a charitable body with one of the applicants. 

With regard to application numbers15/0586N and 15/0587N Councillor J Rhodes declared that as the Chairman of Crewe Town Council Planning Committee, she would take no part in the debate nor vote on the items. 

With regard to application number 15/1248C Councillor R Bailey declared that a member of the applicant’s family had worked for her in the past.  With regard to application number 14/5029C she considered that she had pre-determined the application and would therefore withdraw from the meeting and take no part in the discussion or voting thereon. 

With regard to application number 15/1248C Councillor A Kolker declared that a member of the applicant’s family has worked for him and a family member in the past. 

With regard to application numbers 15/210N and 14/2586N Councillor S Edgar declared that as ward member for Shavington he had kept an open mind about the applications. 

With regard to application numbers 14/5925C and agenda item 20 Councillor G Merry declared that, whilst she was a Member of Sandbach Town Council, she was not a member of the Planning Committee which would have discussed the applications. 

To approve the minutes of the meeting held on 10 June 2015.

Subject to the following corrections:

Minute 8 Application 15/1203N (The Horseshoe Inn) page 6. Paragraph (c) of the resolution to be numbered as (b).

Minute 7 Application 15/0971N (Eastern Road, Willaston) page 5. Insertion of the following wording missing from the end of paragraph (b) i.e. provided that the changes do not exceed the substantive nature of the Committee’s decision.   

Minute 11 Application 15/0876N (Newcastle Road, Shavington) page 9. The  addition to the Heads of Terms  3). A scheme of management of the watercourse) to paragraph (c) of the resolution.

RESOLVED – That the Minutes of the meeting held on 10 June 2015 be approved as a correct record and signed by the Chairman. 

To consider the above planning application.

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

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.            Financial contribution of £11,100 towards a number of traffic and pedestrian safety management measures through Alpraham and Calveley

And conditions;

2.            Time Limit (Outline)

3.            Submission of reserved matters

4.            Reserved Matters application made within 3 years

5.            Development in accordance with approved plans

6.            Prior submission of facing and roofing material details

7.            Prior submission of surfacing material details

8.            Prior submission of a foul drainage scheme

9.            Prior submission of a surface water drainage scheme

10.          Hours of piling

11.          Prior submission of a piling method statement

12.          Prior submission of a dust mitigation scheme

13.          Prior submission of land contamination report (Phase I)

14.          Prior submission of boundary treatment details

15.          Prior submission of an updated Other Protected Species Survey

16.          Prior submission of an updated bat survey

b)  In order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority is delegated to the Head of Planning (Regulation), in consultation with the Chair (or in his absence the Vice Chair) of Southern Planning Committee, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

Note: At this point in the meeting, the Chairman invited Councillor S Hogben to declare any interests.  In response and with regard to application number 15/1123C Councillor Hogben declared that he has received correspondence from the applicant as, the Chairman acknowledged, had all the members of the Committee.              

THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA.

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

To consider the above planning application.

Note: Councillor J Hammond (Ward Councillor), Mr Coupland (objector) and and Mr R Spruce (on behalf of applicant) attended the meeting and addressed the Committee on this matter.     

The Committee considered a report regarding the above planning application.  

RESOLVED

That, contrary to the officer’s recommendation to approve, the application be REFUSED for the following reason:

1          The access to the site off Holmshaw Lane would not be suitable due to the alignment of the highway.  As such, the development would not be served by a safe and suitable access and would be contrary to guidance contained within the NPPF and Policy BE.3 (Access and Parking) of the Borough of Crewe and Nantwich Replacement Local Plan 2011.       

To consider the above planning application.

Note:  In respect of the next two items on the agenda, Councillor J Rhodes took no part in the discussion not voted on the applications. 

Note: Mr H Jones (on behalf of 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 reason:

1.            The proposed development would be for residential development on land allocated for employment purposes by Policy E.1 of the Borough of Crewe and Nantwich Adopted Local Plan First Review 2011. It is considered that the site remains suitable and viable for employment use and there is potential for alternative employment uses. The development is therefore considered to be contrary to Policy E.1 (Existing Employment Allocations) of the Borough of Crewe and Nantwich Adopted Replacement Local Plan 2011, Policy EG3 (Existing and Allocated Employment Sites) from the Cheshire East Local Plan Strategy – Submission Version (CELP). The proposal is also considered to be contrary to the NPPF.

b)  In order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority is delegated to the Planning Manager (Regulation), in consultation with the Chair (or in his absence the Vice Chair) of Southern Planning Committee, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

c)  Should the application be subject to an appeal. Approval is given to enter into a S106 Agreement to secure the following Heads of terms;

1.            A 30% affordable housing provision to include;

·                    32 affordable homes and the tenure split of the affordable dwellings should be 65% social or affordable rent (up to 21 units) and 35% intermediate tenure (up to 11 units), the affordable housing should be provided on site.

·                    The IPS requires that the affordable homes should be provided no later than occupation of 50% of the open market units, unless the development is phased and there is a high degree of pepper-potting in which case the maximum proportion of open market homes that may be provided before the provision of all the affordable units may be increased to 80%. 

·                    Requires developer/applicant  to transfer any rented affordable units to a Registered Provider

·                    Requires developer/applicant to provide details of when the affordable housing is required

·                    Includes provisions that require the affordable homes to be let or sold to people who are in housing need and have a local connection. The local connection criteria used in the agreement should match the Councils allocations policy.

·                    Includes the requirement for an affordable housing scheme to be submitted prior to commencement of the development that includes full details of the affordable housing on site

2.            A contribution of £216,926 to account for the Primary School provision

3.            A link between this application and planning application ref:15/0587N to ensure the provision of adequate POS provision

To consider the above planning application.

Note: Mr H Jones (on behalf of applicant) attended the meeting and addressed the Committee on this matter.     

The Committee considered a report regarding the above planning application.  

RESOLVED

a)      That the application be REFUSED for the following reason: 

1.     The proposed development would be for the change of use of a site allocated for employment purposes by Policy E.1 of the Borough of Crewe and Nantwich Adopted Local Plan First Review 2011 to Public Open Space. It is considered that the site remains suitable and viable for employment use and there is potential for alternative employment uses. The development is therefore considered to be contrary to Policy E.1 (Existing Employment Allocations) of the Borough of Crewe and Nantwich Adopted Replacement Local Plan 2011, Policy EG3 (Existing and Allocated Employment Sites) from the Cheshire East Local Plan Strategy – Submission Version (CELP). The proposal is also considered to be contrary to the NPPF.

b)  In order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority is delegated to the Planning Manager (Regulation), in consultation with the Chair (or in his absence the Vice Chair) of Southern Planning Committee, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

c)  Should the application be subject to an appeal approval is given to enter into a S106 Agreement to secure the following Heads of Terms

1.            POS to be managed by an appointed Management Company in perpetuity.

2.            Provision of NEAP

Note:  Councillor J Rhodes rejoined the meeting.  

To consider the above planning application.

Note: Mr P Reddish (objector) and Mr P Yates (on behalf of applicant) attended the meeting and addressed the Committee on this matter.     

The Committee considered a report regarding the above planning application.  

RESOLVED

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

1.         In the opinion of the Local Planning Authority, the proposed development would cause a significant erosion of the Green Gap between the built up areas of Shavington and Crewe and adversely effect the visual character of the landscape which would significantly and demonstrably outweigh the benefits of the scheme notwithstanding a shortfall in housing land supply. The development is therefore contrary to Policy NE4 (Green Gaps) of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and guidance contained within the NPPF.

2.         Insufficient information has been provided to demonstrate that the proposed development would not involve the permanent loss of best and most versatile agricultural land. The NPPF states that local planning authorities should seek to use areas of poorer quality land in preference to that of a higher quality. The proposed development is contrary to Policy NE.12 of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and Paragraph 112 of the NPPF.

3.         Insufficient information has been provided to demonstrate that the site could accommodate the number of dwellings proposed together with the required level of Open Space. As such the proposed development is contrary to Policy RT.3 of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and guidance contained within the NPPF.

b)  In order to give proper effect to the Board`s/Committee’s intentions and without changing the substance of the decision, authority is delegated to the Head of Planning (Regulation), in consultation with the Chair (or in her absence the Vice Chair) of Southern Planning Committee, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

c)  Should the application be subject to an appeal, the following Heads of Terms should be secured as part of any S106 Agreement:

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. Provision of Public Open Space and a  ...  view the full minutes text for item 34.

To consider the above planning application.

The Committee considered a report regarding the above planning application.  

RESOLVED

a)     That the application be refused for the following reasons: 

1.     The proposed development fails to preserve the settings of Shavington Lodge and Shavington Hall, which are Grade II listed buildings within proximity of the site. The application site forms part of the agricultural setting of these buildings. While submitted in outline, the indicative proposals contain limited information and it is likely that the development will erode and urbanise the setting of the listed. The development will result in serious harm to the significance of a heritage asset. The development is considered to be contrary to Policy BE.9 of the Borough of Crewe and Nantwich Local Plan 2011 together with paragraphs 126-136 of the National Planning Policy Framework.

2.     Insufficient information has been submitted with the application to enable the full impacts of the development to be fully assessed. This includes a lack of information in terms of mitigating any loss of habitat for Great Crested Newts, inadequate details of in terms of achieving a safe access to the site and the implication of any layout and access upon protected trees and hedging at the site. The proposal is considered to be contrary to Policies NE.5, NE.9, BE.2, BE.3, RES.8 of the Borough of Crewe and Nantwich Adopted Replacement Local Plan 2011 and guidance contained within the National Planning Policy Framework.

b)  In order to give proper effect to the Board`s/Committee’s intentions and without changing the substance of the decision, authority is delegated to the Head of Planning (Regulation), in consultation with the Chair (or in her absence the Vice Chair) of Southern Planning Committee, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

c)  Should the application be subject to an appeal, the following Heads of Terms should be secured as part of any S106 Agreement:

1.            A scheme for the provision of 100% 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. A contribution of £5000 to fund offsite habitat creation/enhancement potentially within the Meres and Mosses Nature Improvement Area.

 Note:  The meeting was adjourned for lunch at 12.20pm and reconvened at  ...  view the full minutes text for item 35.

To consider the above planning application.

Note: Councillor D Hough (Ward Councillor), Town Councillor D Longhurst (representing Alsager Town Council) and Ms K Phillips (on behalf of 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 DEFERRED for revisions to the affordable housing layout with a greater level of pepper-potting and amendments to front garden provision on the site.      

To consider the above planning application.

Note: Councillor J Wray (Ward Councillor), attended the meeting and addressed the Committee on this matter with the permission of the Chairman. 

Note:  Parish Councillor G Bell (on behalf of Somerford Parish Council), and Ms C Payne (on behalf of applicant) attended the meeting and addressed the Committee on this matter.     

The Committee considered a report regarding the above planning application.  

RESOLVED

That, contrary to the officer’s recommendation for refusal, authority be delegated to the Head of Planning (Regulation) in consultation with the Chairman and Vice Chairman of Southern Planning Committee and the Ward Member to APPROVE the application, subject to the imposition of planning conditions. 

To consider the above planning application.

Note:  Mr S McBride (on behalf of applicant) attended the meeting and addressed the Committee on this matter.     

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

RESOLVED

a)         That, for the reasons set out in the report, the application be APPROVED subject to the following conditions and the satisfactory completion of a deed of variation to the S106 Agreement comprising;  

Heads of terms

-       A provision of 10% affordable housing (12 units) all of which are to be provided as Affordable Rent or Social Rent

-       Overage provision to capture any uplift in value with any additional sums paid to the Council to invest back into affordable housing provision within the borough

-       A contribution towards local education provision of £120,000

-       The provision of a Public Open Space and footway/cycle link which should be retained in perpetuity and a scheme of management (the scheme of management shall include the bridge link)

-       A provision of a foot/cycle bridge or a contribution to provide a foot/cycle bridge and secure the landing and access rights for any foot/cycle bridge and/or footpath and from the adjacent Canal Fields site

-       An Interim Residential travel plan in accordance with DfT guidance document

-       A commuted sum for the necessary Traffic Regulation Orders and local traffic management orders (£44,000)

Conditions;

1.       Standard time – 3 years

2.       Materials as application

3.       Submission of a landscaping scheme to be approved in writing by the LPA

4.       Implementation of the approved landscaping scheme

5.       Boundary treatment details to be submitted to the LPA and approved in writing

6.       Remove PD Rights for extensions and alterations to the approved dwellings

7.       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.

8.       The development hereby permitted shall not be commenced until such time as; a scheme to limit the surface water run-off generated by the proposed development, has been submitted to and approved in writing by, the Local Planning Authority.  

9.       The development hereby permitted shall not be commenced until such time as; a scheme to manage the risk of flooding from overland flow of surface water, has been submitted to, and approved in writing by, the Local Planning Authority.

10.    Acoustic mitigation measures to be submitted and agreed

11.    The hours of construction shall be limited to 08:00 – 18:00 Monday to Friday, 09:00 – 14:00 Saturday and not at all on Sundays or Bank Holidays

12.    Any piling works shall be limited to 08:30 – 17:30 Monday to Friday, 09:00 – 13:00 Saturday and not at all on Sundays or Bank Holidays

13.    A Site Completion Report detailing the conclusions and actions taken at each stage of the works, including validation works, shall be submitted to, and approved in writing by, the LPA prior to the first use or occupation of any part of the development hereby approved.

14.    Completion  ...  view the full minutes text for item 38.

To consider the above planning application.

Note: Mr J Ashall (on behalf of applicant) attended the meeting and addressed the Committee on this matter.     

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

RESOLVED

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

1.         Time Limit (Outline)

2.         Submission of reserved matters

3.         Reserved Matters application made within 3 years

4.         Development in accordance with approved plans

5.         Reserved Matters to be accompanied by a comprehensive package of arboricultural information in accordance with BS 5837: 2012 Trees in relation to design, demolition and construction.

6.         Prior submission of replacement tree planting plan

7.         Prior submission of a surface water drainage plan

8.         Implementation of noise mitigation measures

9.         Prior submission of a Phase 1 Contaminated land report

10.      Prior submission of electromagnetic screening measures (Jodrell Bank)

11.      Removal of PD Rights (A-E)

12.      Nesting birds

13.      Prior submission of features suitable for breeding birds

Informatives:

1.         NPPF

b)  In order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority is delegated to the Planning Manager (Regulation), in consultation with the Chair (or in his absence the Vice Chair) of Southern Planning Committee, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

To consider the above planning application.

Note:  Councillor A Martin (Ward Councillor), Mrs Ford (objector) and Mr Gilbert (on behalf of applicant) attended the meeting and addressed the Committee on this matter.     

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

RESOLVED

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

1. Submission of Reserved Matters

2. Application for Approval of Reserved Matters

3. Commencement of Development

4. Plans

5. Hours of Construction

5. Submission / Approval and Implementation of Dust Suppression Scheme

6. Submission / Approval and Implementation of Piling Method Statement

7. Submission / Approval of Information regarding Contaminated Land

8.  Construction hours

9.  Submission of an updated badger survey

10. Survey for nesting birds

11. Incorporation of features for use by nesting birds

12. Features for use by hedgehogs

13. Visibility splays at access shall measure 2.4m x 106m in the leading direction and 2.4m x 120m in the non leading direction with no obstruction beyond 1m in height within the plays 

14. Package of arboricultural information in accordance with BS5837:2012

15. Existing and proposed levels

16. Retention and protection of existing hedgerows

17. Replacement native species hedgerow

18. Surface water disposal scheme 

b)  In order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority is delegated to the Head of Planning (Regulation), in consultation with the Chair (or in his absence the Vice Chair) of Southern Planning Committee, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

c)  Should this application be the subject of an appeal, authority be delegated to the Head of Planning (Regulation)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:  Parish Councillor J Deans (representing Brereton Parish Council) attended the meeting and addressed the Committee on this matter.     

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.     Notwithstanding the GPDO, use of the site limited to livery / stud farm and not for any other purposes except for up 10 equestrian events per calendar year

2.     Submission of a noise mitigation plan (including public announcement systems)

3.     Limit to 40 visitors, 10 staff and 6 horseboxes on event days

4.     Hours of operation restricted with no events after 21.00

b)             In order to give proper effect to the Board`s/Committee’s intentions and without changing the substance of the decision, authority is delegated to the Head of Strategic & Economic Planning, in consultation with the Chair (or in his absence the Vice Chair) of Southern Planning Committee, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

To consider the above planning application.

Note: 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 written update.  

RESOLVED

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

1.         Time

2.         Plans

3.         Prior submission of material details

4.         Retention of boundary treatment

5.         Contaminated land – Phase 1

6.         Obscure glazing

7.         Nesting birds

Informatives:

1.            NPPF

2.            Contaminated land

3.            Hours of construction

b)            In order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority is delegated to the Planning Manager (Regulation), in consultation with the Chair (or in his absence the Vice Chair) of Southern Planning Committee, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

To consider the above planning application.

Note: Councillor R Bailey (Ward Councillor), Mr G Roberts (Clerk to Odd Rode Parish Council) and Ms M Cook (objector) attended the meeting and addressed the meeting on this matter.    

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

RESOLVED

That that Committee be minded to REFUSE the application for the following reason:  

1.         The proposed dwelling by reason of its siting and orientation would represent an alien feature within the street scene which would be detrimental to the character and appearance of the area. The development would be contrary to Policies PS6, H6, and GR2 of the Congleton Local Plan 2005 and guidance contained within the NPPF.

To consider a proposed alteration to the Committee resolution for this application which was determined by this Committee on 11 December 2013.

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 completion of a Section 106 Agreement securing the affordable housing (30% provision of which is 65% rented and 35% is intermediate tenure), a commuted sum of £49,028.00 for enhancement and maintenance of amenity greenspace and children and young persons provision, £157,637.00 for education and £10,000.00 for improvements to the Flat Lane link to the town centre.

1.            Commencement

2.            Plans

3.            Submission of landscaping scheme

4.            Implementation of landscaping scheme

5.            Submission of a construction management plan to include hours of construction and piling

6.            Submission of a Phase II Contaminated Land Assessment

7.            Submission of details of external materials

8.            Development in accordance with the Flood Risk Assessment

9.            Details of foul water drainage

10.         No development during the breeding bird season

11.         Incorporation of features to accommodate breeding birds and roosting bats

12.         Submission of details of existing and proposed levels.

To consider the above Tree Preservation Order.

The Committee considered a report which requested that a Tree Preservation Order (Goostrey – Land to the north of Main Road) made on 9 March 2015, be confirmed.  Two objections received on the Order were reported to the Committee.     

RESOLVED:   

That the Cheshire East Borough Council  (Goostrey – Land to the north of Main Road) Tree Preservation Order 2015 be confirmed without modification

To consider the above Tree Preservation Order.

The Committee considered a report requesting that a Tree Preservation Order (Sandbach – Manor Road No.3) made on 24 February 2015 be confirmed.  One objection received on the Order was reported to the Committee.    

RESOLVED:   

That the Cheshire East Borough Council (Sandbach – Manor Road No.3) Tree Preservation Order 2015 be confirmed without modification