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 16/4268N, Councillor D Bebbington declared that he would be leaving the meeting early in order to attend a meeting at Bentley Motors Ltd.  He had not discussed this application, nor was he going to discuss planning at the meeting.

With regard to agenda item number 14, Councillor S Edgar declared that, as he had made up his mind and had previously spoken against the application, he would leave the meeting prior to consideration of this item.

All Members of the Committee declared that they had received email correspondence with regard to application number 16/3664N.

With regard to application number 16/2645C, Councillor G Merry declared that she was a member of Sandbach Town Council, which had been consulted on the application.  She had not discussed this application and had kept an open mind.

Councillor G Merry also declared that she had received email correspondence with regard to application number 16/2010N.

With regard to application numbers 16/2993N and 16/4736C, Councillor J Hammond, who was in attendance at the meeting, declared that he was a member of Haslington Parish Council, which had been consulted on the applications.

With regard to application numbers 16/2993N and 16/4736C, Councillor D Hough, who was in attendance at the meeting, declared that he was a member of Alsager Town Council, which had been consulted on the applications.  In addition, he declared that he was a Director of Transport Service Solutions Ltd.

To approve the minutes of the meeting held on 26 October 2016.

RESOLVED – That the minutes of the meeting held on 26 October 2016 be approved as a correct record and signed by the Chairman.

To consider the above planning application.

Note: Ms R Harris 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 a S106 Agreement to secure:

·         30% on site affordable housing provision

·         £130,741.52 towards Secondary education

·         £17,328 towards the upgrade of the AGS and Children’s and Young Persons Play Space on Thornbrook Way and £50,010 for its maintenance

·         Management company to maintain any landscaping areas within the site and the acoustic barrier

And the following conditions:

1.            Time – 3 years of within 2 of last Reserved Matter approval

2.            Reserved Matters within 3 years

3.            Layout, Scale, Appearance and Landscaping Matters to be submitted and approved

4.            Plans

5.            The First reserved matters application include  detailed landscape masterplan which should include some planting between the development and the industrial estate to screen or filter views, as well as full hard and soft landscape details and boundary treatments

6.            Prior submission/approval of a detailed Badger Mitigation Statement and a detailed Ecological Enhancements Statement

7.            The First reserved matters application shall be supported by a Tree Protection Scheme and a detailed Arboricultural method statement which accords with the requirements of BS5837:2012

8.            Prior submission/approval of a Construction Management Plan

9.            Prior submission/approval of a surface water drainage strategy/scheme

10.         Prior submission/approval of storm period and intensity details and mitigation

11.         Foul and surface water be drained on separate systems

12.         Prior submission/approval of a sustainable drainage management and maintenance plan

13.         All dwelling proposed on the Lodge Road site frontage shall comprise of internal arrangements that ensure that the principal habitable rooms of the dwellings (lounges, living rooms, bedrooms) are located to the rear of the dwellings

14.         The First Reserved Matters shall be accompanied by a detailed acoustic mitigation scheme and updated acoustic report. The acoustic mitigation scheme shall include a detailed site layout and specific mitigation for each property

15.         Prior submission/approval of an Environmental Management Plan

16.         The First Reserved Matters shall include details of electric vehicle charging provision for each property

17.         Prior submission/approval of a Residents Travel Information Pack

18.         Prior submission/approval of a Phase II contaminated land report

19.         Prior submission/approval of a soil verification report for imported material

20.         Works should stop if contamination is found during development

21.         Prior submission/approval of a scheme of signage for pedestrians and cyclists within the red-edge boundary

22.         Details of the existing and proposed levels to provided as part of the first reserved matters 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 Head of Planning (Regulation), 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)  ...  view the full minutes text for item 79.

To consider the above planning application.

Note: Councillor S Gardiner arrived at the meeting during consideration of this item and did not take part in the debate or vote.

Note: Councillor J Hammond (Ward Councillor), Councillors M Deakin and D Hough (Neighbouring Ward Councillors), Town Councillor S Helliwell (on behalf of Alsager Town Council), Mr P Swann (objector) and Ms E Robinson (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

(a)  That authority be DELEGATED to the Head of Planning (Regulation), in consultation with the Chairman of Southern Planning Committee, to APPROVE the application for the reasons set out in the report and the written update, subject to:

• clarification of the secondary education contribution and confirmation that all drainage conditions are included

• 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. Secondary Education Contribution (to be confirmed)

Primary Education Contribution of £32,539

3. Management Company and maintenance agreement in perpetuity for the incidental public open space, the pond and the tree belt to the north-western and south-western boundaries

• the following conditions:

1.                                                    Standard outline 1

2.                                                    Standard outline 2

3.                                                    Standard outline 3

4.                                                    Approved Plans

5.                                                    Electric Vehicle Infrastructure to be submitted and approved

6.                                                    Piling Details to be submitted and approved

7.                                                    Reserved matters application to include dust control measures

8.                                                    The noise mitigation measures to be as per the submitted report

9.            Submission / Approval of Information regarding Contaminated Land

10.         Any reserved matters application shall be supported by an Arboricultural Impact Assessment (AIA) in accordance with Section 5.4 of BS5837:2012 Trees in Relation to Design, Demolition and Construction (Recommendations) which shall evaluate the direct and indirect impact effect of the proposed design on existing trees.

11.         Reserved Matters application to include details of the existing and proposed land levels. No levels should be raised on site that may result in the flooding offsite.

12.         Tree Protection Details to be submitted and approved

13.         No development should commence on site until such time as detailed proposals for disposal of surface water (including a  ...  view the full minutes text for item 80.

To consider the above planning application.

Note: Councillor J Hammond (Ward Councillor) and Councillors M Deakin and D Hough (Neighbouring Ward Councillors) 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

(a)  That, for the reasons set out in the report, the application be REFUSED for the following reasons:

1          The proposal will, by superseding the development required by Appeal 13/1305n, by virtue of the loss of dwellings for the over 55's, from the 56 units  within a mixed residential scheme granted permission under 13/1305n to 6 units now proposed would comprise an unsustainable form of development,  contrary to policy SC4 of the Cheshire East Local Plan Strategy Proposed changes (consultation draft) March 2016 and policies contained within the NPPF. Furthermore the adverse impacts of granting planning permission would significantly and demonstrably outweigh the benefits of the proposal to housing land supply. As a result, the application of paragraph 14 of the Framework does not indicate that permission should be granted and the proposal would not represent sustainable development.

2          The proposed siting and distribution of the affordable units, clustered to the southern portion of the site, together with their close proximity to the affordable units within the Phase 1 (as approved by 14/5114C) development at the site  results in a lack of pepper-potting through-out the development site, which is contrary to Policy SC5 of the Cheshire East Local Plan Strategy Proposed changes (consultation draft) March 2016, the Interim Planning Statement on Affordable Housing and policies contained within the NPPF. 

3.         Insufficient information has been provided concerning water voles and reptiles on the site to enable the Local Planning Authority to assess the implications of the development for these species. The proposal is therefore contrary to Policy NE9 of the Crewe and Nantwich Adopted Replacement Local Plan 2011

(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 Head of Planning (Regulation) 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 the application be subject to an appeal, approval be given to enter into a S106 Agreement to secure the following Heads Of Terms:

o        30% of the dwellings to be affordable in a 65:35 split plots 10, 11, 12, 13, 14 & 15 (1 &2 bed bungalows) are to be provide as affordable rent units and  plots 18 and 19 as intermediate units

o        Education contribution - £32,539 primary contribution and £49,028 secondary contribution

To consider the above planning application.

Note: Councillor D Bebbington left the meeting prior to consideration of this application.

Note: Parish Councillor R Pulford (on behalf of Bunbury Parish Council), Mr P Gorman (objector) and Mr D Muir (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, contrary to the planning officer’s recommendation for approval, the application be REFUSED for the following reason:

The proposed development would include a shared access with the constructed affordable housing scheme immediately adjoining which results in a scale and form of development which is not in keeping with the character of the village and will result in a conjoined form of development contrary to Policy H2 of the Bunbury Neighbourhood Plan.

(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 Head of Planning (Regulation), 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 the application be subject to an appeal, approval be given to enter into a S106 Agreement to secure the following Heads of Terms:

1.    £4517.20 towards off-site grassland habitat improvements

2.    £32,685.00 towards secondary school provision

3.    30% on-site affordable housing provision

To consider the above planning application.

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

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 written update, 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. Primary Education Contribution of £32,539

And the following conditions:

1.    Standard outline 1

2. Standard outline 2 - landscape details to include structural planting with the Gables

3.    Standard outline 3

4.    Approved Plans

5.    Electric Vehicle Infrastructure to be submitted and approved

6.    Construction Management Plan to be submitted and approved

7.    Piling Details to be submitted and approved

8.    Noise mitigation measures to be submitted and approved

9.    Submission / Approval of Information regarding Contaminated Land

10. Any reserved matters application shall be supported by an Arboricultural Impact Assessment (AIA) in accordance with Section 5.4 of BS5837:2012 Trees in Relation to Design, Demolition and Construction (Recommendations) which shall evaluate the direct and indirect impact effect of the proposed design on existing trees.

11. Reserved Matters application to include details of the existing and proposed land levels

12. Tree Protection Details to be submitted and approved prior to any commencement on the site

13. No development should commence on site until such time as detailed proposals for disposal of surface water (including a scheme for the onsite storage and regulated discharge) have been submitted to and agreed in writing

14.Nesting bird mitigation measures to be submitted and approved

15.The reserved matters for the landscaping of the site shall include the replacement of any hedgerow which would be lost as part of the proposed development

16.The reserved matters shall provide 1 car parking space for dwellings with 1 bedroom and 2 car parking spaces for dwellings of 2 bedrooms or more

(a)  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 Head of Planning (Regulation), in consultation with the Chairman (or in her absence the Vice Chairman) of Southern Planning Committee, to correct any technical slip  ...  view the full minutes text for item 83.

To consider the above planning application.

Note: Councillor A Kolker 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. Time limit
2. Approved plans
3. Materials in accordance with the details submitted with the application
4. Construction Management Plan to include a staged construction of the development

(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 Head of Planning (Regulation) 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 D Bailey (on behalf of the Ward Councillor) and Ms A Woodward (on behalf of the applicant) attended the meeting and addressed the Committee on this matter.

Note: Mr P Samuda (applicant) had registered his intention to address the Committee but was not in attendance at the meeting.

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

RESOLVED

(a)  That, contrary to the planning officer’s recommendation for approval, the application be REFUSED for the following reason:

The proposal by virtue of the creation of poor living conditions for future residents and the overdevelopment of this site as a House of Multiple Occupation would be an unsuitable form of development contrary to Policy BE.1 of the Borough of Crewe and Nantwich Replacement Local Plan and the Cheshire East internal guidance in relation to HMOs. There are no material considerations which would outweigh the harm.

(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 Head of Planning (Regulation), 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: Prior to consideration of this application, the meeting was adjourned for a short break.

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

Note: Parish Councillor T Lee (on behalf of Hankelow Parish Council), Mr D Smith (objector) and Mr M Askew (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, contrary to the planning officer’s recommendation for approval, the application be REFUSED for the following reasons:

1. The proposed demolition of the Public House and loss of the Asset of Community Value and local community facility without adequate alternative facilities would be contrary to Policy CF3 (Retention of Community Facilities), the NPPF and Government Guidance concerning Assets of Community Value.

2. The proposed development by reason of its design and layout would detract from the pattern, character and appearance of the site and the area. The development would be contrary to Policy BE.2 (Design Standards) of the Crewe and Nantwich Replacement Local Plan 2011 and guidance contained within the NPPF.

(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 Head of Planning (Regulation), 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 report regarding Heads of Terms for the legal agreement at the forthcoming appeal.

The Committee considered a report regarding planning application 16/1728N, which had been refused against officer recommendation by the Southern Planning Committee on 31 August 2016.  The committee report had referred to proposed Heads of Terms for a S106 Agreement, in the event that the application was subject to an appeal, but these had not been carried over into the minutes of the meeting.

RESOLVED – That a S106 Agreement to secure the following Heads of Terms be entered into at the forthcoming appeal:

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 to be maintained by a private management company

3. Secondary School Education Contribution of £81,713.45

To consider a report regarding Heads of Terms for the legal agreement at the forthcoming appeal.

Note: Having declared that he had made up his mind, Councillor S Edgar left the meeting prior to consideration of this matter.

The Committee considered a report regarding planning application 16/0015N, which had been refused against officer recommendation by the Southern Planning Committee on 3 August 2016.  The committee report had referred to proposed Heads of Terms for a S106 Agreement, in the event that the application was subject to an appeal, but these had not been carried over into the minutes of the meeting.

RESOLVED – That a S106 Agreement to secure the following Heads of Terms be entered into at the forthcoming appeal:

1. A scheme for the provision of 30% affordable housing – 65% to be provided as socialrent/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 theoccupancy of the market housing

- The arrangements for the transfer of the affordable housing to an affordable housingprovider or the management of the affordable housing if no Registered Social Landlord isinvolved

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

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

2. Provision of Public Open Space to be maintained by a private management company

3. SEN Contribution of £45,500