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 16/1987N, Councillor S Edgar declared that he had previously spoken against the application.  He would exercise his separate speaking rights as a Neighbouring Ward Councillor and not take part in the debate or vote.

Councillor S Davies declared that he had called in application number 15/1437N, which was in his Ward.  He would exercise his separate speaking rights as a Ward Councillor and not take part in the debate or vote.

With regard to application number 16/4784N, Councillor B Roberts declared that it was in his Ward.  He had not discussed this application and had kept an open mind.

With regard to application number 16/4784N, Councillor J Rhodes declared that it was in her Ward.  She had not discussed this application and had kept an open mind.

With regard to application number 16/1987N, Councillor J Clowes declared that she had called in the application on behalf of the parish council but that she had kept an open mind and had not taken part in any discussions regarding the matter.

To approve the minutes of the meeting held on 23 November 2016.

RESOLVED – That the minutes of the meeting held on 23 November 2016 be approved as a correct record and signed by the Chairman.

To consider the above planning application.

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

Note: Parish Councillor A Broome (on behalf of Hough and Chorlton Parish Council) and Mr P Grant (objector) 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 and the written update, 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. Restriction on operational hours (including deliveries to and from the site) to 8am to 6pm Monday to Friday, 9am to 2pm Saturday and no working on Sundays or public holidays
5. Submission of details of external lighting
6. Any cutting operations that take place outside the buildings shall be restricted to the acoustic cutting area
7. All other fabrication activities shall take place within the building
8. While fabrication and concrete work is taking place inside the buildings, all external doors shall remain closed
9. Submission of a detailed design and method statement including the structure and foundations of the proposed building (for HS2 Safeguarding)
10. Provision of an electrical vehicle charging point
11. Submission of phase I Preliminary Risk Assessment and if necessary a Phase II Ground Investigation and Risk Assessment (Contaminated Land)
12. Submission of a revised scheme of landscaping
13. Details of a concealed entrance sign to the west of the site as entering the Bridge to be submitted and approved
14. Implementation of the approved landscaping
15. Details of an acoustic screen along the northern boundary to be submitted and approved
16. Swept path to be kept clear as shown on the submitted plans

Informatives

1. Asbestos – Duty of responsibility to comply with the HSE
2. No parking/storage consented on Network Rail access

(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: The Principal Planning Officer drew Committee Members’ attention to the written update, which set out the Inspector’s views on the further modifications needed to the Cheshire East Local Plan Strategy.  The Inspector’s recommendations meant that more weight could be attributed to the emerging policies of the Cheshire East Local Plan Strategy and housing supply policies which were deemed out of date by the absence of a 5 year supply.

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 and the written update, the application be APPROVED subject to referral to the University of Manchester to notify them of the Council’s intended decision, the completion of a s106 legal agreement to secure Public Open Space and its future maintenance and management by a management company comprising of:

·                     1100 square metres of onsite new Amenity Greenspace (AGS) (or otherwise agreed)

·                     Onsite Local Area for Play (LAP) with a minimum of 100 square metres

and the following conditions:

1.    Standard Time Limit (3 Years)

2.    Accordance with approved and amended plans

3.    Submission of materials

4.    No alterations to original roof structure

5.    Rainwater goods to be cast metal

6.    Sample panel of lime render to be submitted

7.    Detailed drawings of windows and doors

8.    Doors and windows to be timber and painted

9.    Any decorative treatment of rendered surfaces of the Hall shall be agreed with the LPA before works commence

10. Any repairs to garden wall to be agreed prior to works commencing

11. Detailed schedule of works to listed building to submitted

12. Programme of archaeological work to be submitted

13. Detailed scheme / schedule of works to the listed hall

14. Structural survey to be submitted

15. Rooflights to be conservation style

16. Removal of permitted development rights for gates, walls, fences, extensions and outbuildings

17. Full restoration of the hall to be carried out before first occupation of 50% of the proposed dwellings

18. The proposed development to proceed in accordance with the recommendations made within submitted ecological assessments including bat mitigation and great crested newt mitigation

19. Prior to any commencement of works between 1^st March and 31^st August in any year, a detailed survey is to be undertaken for nesting birds

20. Detailed proposals for the incorporation of features into the scheme suitably for use by breeding birds including house sparrow. 

21. Updated badger survey to be submitted

22. Habitat Management and Landscape Management Plan to be submitted including long-term design objectives, management responsibilities and maintenance schedules for all areas that are not within residential curtilages. To include removal of Rhododendron

23. Tree protection

24. Implementation of Tree protection

25.Updated Arboricultural Method Statement to be submitted for removal of existing hard standing

26. Landscaping scheme to be submitted

27. Implementation of landscaping

28. Details of boundary treatments to be submitted

29. Specification details for any areas of  ...  view the full minutes text for item 92.

To consider the above planning 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 item.

Note: Parish Councillor J Makin (on behalf of Marbury and District Parish Council), Mr D Smith (objector) and Ms S Jones (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, for the reasons set out in the report and the written update, the application be APPROVED subject to the following conditions:

1.            Time 3 years

2.            Compliance with the approved plans

3.            Materials to be submitted and approved

4.            Retention of boundary treatment

5.            Contaminated land report to be submitted and approved

6.            Landscaping Scheme

7.            Landscaping implementation

8.            Construction Method Statement

9.            Dust Control Report

10.         Contaminated Land

(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: Mr W Fulster (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 reason:

The proposed development represents an overdevelopment of the site due to the lack of car parking provision, insufficient internal separation distances and insufficient private amenity space. The proposed development is contrary to Policies GR1, GR2, GR6 and GR9 of the Borough of Congleton Local Plan and Policies SE1, SD1 and SD2 of the Cheshire East Local plan and the NPPF.

(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 P Bates (Ward Councillor), Town Councillor A Martin (on behalf of Congleton Town Council), Mr B Haywood (objector) and Mr N Collins (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 to secure an alternative design/layout, including a dual frontage property at the junction with Holmes Chapel Road and the properties to be slightly angled at the junction.

To consider the above planning application.

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

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

Note: Ms H Walker attended the meeting and addressed the Committee on behalf of the applicant.

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 access point by reason of its siting at a bend in the road would not provide a safe and suitable access for road users and those accessing and entering the site and therefore would be harmful to highways safety which is contrary to Policies BE.2 and BE.3 of the Crewe and Nantwich Local Plan and 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.

(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.     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 POS and 5 piece LEAP and a scheme of management.

3.            Commuted Sum payment  in lieu of secondary education provision  £65,371

To consider the above planning application.

Note: Mr R Lee attended the meeting and addressed the Committee on behalf of the applicant.

The Committee considered a report regarding the above planning application.

RESOLVED – That the application be DEFERRED for further information in relation to the existing approved developments in Alpraham in terms of the cumulative impact of the development.

To consider the above planning application.

Note: Mr G Allen 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 the following conditions:

1.    Standard time 3 years

2.    Approved Plans

3.    Pile driving limited to 08:30 to 17:30 Monday to Friday, 09:00 – 13:00 Saturday and not at all on Sundays

4.    Submission and approval of details of materials

5.    Implementation of landscaping

6.    Implementation of tree protection measures

7.    Gas Protection Measures

8.    Standard Contaminated Land Condition

9.    Implementation of the submitted Construction Management Plan together with the retention of the existing car parking spaces which shall be kept clear for the construction period.

10. Bins shall be only be stored within “Bin Store Area” except on collection day

11. Parking spaces shall be provided prior to 1^st occupation and retained thereafter

12. Provision of electric vehicle charging points

(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 P Butterill left the meeting during consideration of this application.

Note: Councillor P Groves (Ward Councillor) and Mr G Gibbs (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 proposal would intensify an existing access point and would fail to provide adequate visibility splays at a busy road junction to prevent harm to highway safety. The internal access would also provide inadequate width to allow a vehicle to safely pass through the site which is harmful to highway safety. The development is contrary to Policies BE.2 and BE.3 of the Crewe and Nantwich Local Plan and the NPPF.

2. The position of the proposed access would provide increased vehicle movements causing harm to the living conditions of the neighbouring dwellings by reasons of noise and disturbance. The development is contrary to Policy BE.1 of the Crewe and Nantwich Local Plan and the NPPF.

3. The proposed development does not respect the existing pattern of the development to the detriment of the character and appearance of the area. The proposal is contrary to Policy BE.2 of the Crewe and Nantwich Local Plan, the SPD on development on Backland and Gardens, and the NPPF.

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

The Committee considered a report regarding planning application 15/5654N, 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 Deed of Variation of the S106 attached to application 13/1305N be entered into to secure the following:

o      30% of the dwellings to be affordable.

o      6 x bungalows  for over 55’s 4 x 1 bed; 2 x 2 bed (65:35 split affordable  rent: intermediate)

o      Commuted sum of £32,539 in lieu of primary education

Commuted sum of £49,028  in lieu of secondary education