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 16/0285C, Councillor Rhoda Bailey declared that she knew the applicant’s mother and had met the applicant once. She had not discussed the application and had kept an open mind.

With regard to application number 16/5371N, Councillor B Walmsley declared that she was a Director of The Skills and Growth Company. In addition, the applicant was based in Middlewich but she had not discussed the application.

With regard to application number 16/4787N, Councillor S Edgar declared that he has been asked by the Parish Council to call in the application on their behalf, but that he had kept an open mind.

With regard to application number 16/3464N, Councillor S Gardiner declared that he was substituting for Councillor J Clowes who had called in the application but that he had not discussed it with her.

To approve the minutes of the meeting held on 1 February 2017.

RESOLVED – That the minutes of the meeting held on 1 February 2017 be approved as a correct record and signed by the Chairman.

To consider the above planning application.

Note: Mr B Holmes and Mr J Suckley attended the meeting and addressed the Committee on behalf of the applicant.

Note: Councillor S Gardiner declared that he had in the past had dealings with Mr Suckley regarding sites in Knutsford.

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 completion of a Planning Obligation and/or S111 Agreement to secure the following;

·         A contribution of £7,500 towards a Traffic Management Scheme

·         A contribution of £5,000 towards Travel Plan Monitoring

And the following conditions;

1.     Standard Time 3 years

2.     Approved Plans

3.     Prior to the use of any facing/roofing material details of materials to be submitted and agreed

4.     Prior to the use of any facing/roofing material details of boundary treatment to be submitted and agreed

5.     Details of Levels to be submitted and agreed

6.     Prior to the use of any facing/roofing material details of landscaping to be submitted and agreed

7.     Landscaping implementation

8.     Development to proceed in accordance with the GCN reasonable avoidance measures

9.     Method Statement for off-site habitat works to ponds including a timetable for implementation shall be submitted and agreed

10.  Nesting birds timing of works

11.  Prior to the use of any facing/roofing material details of external lighting to be submitted and agreed

12.  Prior to the commencement of development an updated survey for other protected species shall be submitted and agreed

13.  Piling Method Statement to be submitted and agreed

14.  Travel Plan to be submitted and agreed

15.  Contaminated Land

16.  Provision of electric vehicle charging points

17.  Construction Management Plan to be submitted and agreed

18.  Compliance with the submitted FRA

19.  Detailed design and associated management and maintenance plan of surface water drainage to be submitted and approved

20.  Implementation of the tree protection measures

21.  Addendum to the AMS to include details of the supervising arboriculturalist

22.  The provision of 18 cycle parking spaces to be made available in accordance with the submitted plans prior to first occupation and thereafter retained

23.  Car parking as shown on the submitted plans to be provided prior to first occupation

(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 this application be the subject of an appeal, the following Heads of Terms should be secured as part of any Planning Obligation and/or S111 Agreement:

·         A contribution of £7,500 towards a Traffic Management Scheme

A contribution of £5,000 towards Travel Plan Monitoring.

To consider the above planning application.

Note: The Principal Planning Officer read a representation from Councillor S Hogben (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 the following conditions:

1.    3 years commencement

2.    Compliance with approved plans

3.    Materials as specified

4.    Details of ventilation

5.    Details of glazing

6.    Details of acoustic trickle vents / wall ventilators

7.    Refuse and cycle storage to be provided as shown

8.    Revised plans to show changes to the internal kitchen layout and provision of a window to the kitchen

Informatives:

1.    Working hours for constructions

2.    Contaminated land

3.    The developer to be notified of the requirements for a licence (in terms of occupancy rates and communal rooms) and that tenancy agreements will be required

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 G Roberts (Parish Clerk on behalf of Odd Rode Parish Council), Ms P Wainwright (objector) and Mr M Pardoe (on behalf of the applicant) attended the meeting and addressed the Committee on this matter.

Note: Mr I Walker (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 Walker to 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 to secure:

-     30% affordable housing  (9 of which 1 shall be a bungalow for the over 55’s in a 65:35 split affordable rent: intermediate tenure);

-     Public Open Space (provision of open space, transfer to a management company and maintenance in perpetuity);

-     £81,713.45 secondary education contribution

     And the following conditions:

1.     Commencement outline

2.     Submission of reserved matters

3.     Approved Plans

4.     Retention of trees identified for retention within the site

5.     Submission of tree protection measures

6.     Submission and approval of a Construction and environmental  Management Plan including a construction compound within the site/dust mitigation etc

7.     Restriction on hours of piling to 9am to 5.30pm Monday to Friday, 9am to 1pm Saturday and no working on Sundays or public holidays.

8.     Submission of a Phase II Contaminated Land Report

9.     Provision of electric vehicle charging points for each dwelling

10.  Submission of details of foul and surface water drainage

11.  Submission of a detailed drainage scheme

12.  sustainable drainage management and maintenance plan for the lifetime of the development

13.  Updated bat survey

14. Land stability report by a suitably qualified engineer to be submitted as part of the first Reserved Matters application. Validation Report to be submitted following the completion of the development to confirm that there has been no impact

15.  Reserved matters to include  boundary treatments inc Canal boundary

16.  Lighting information adjoining canal

17.  Updated badger survey

18.  Bird nesting season

19.  Reserved matters to include existing and proposed levels/ including land adjacent

20.  Reserved matters to include arboricultural information in accordance with BS 5837:2012 to include a tree survey no more than 12 months old, an arboricultural impact assessment relating to the final layout and an arboricultural method statement

21.  Bat and bird boxes

22.  RM for a maximum of 30 units on this site

23.  Open Space provision as part of the RM to be no less than 744sqm

24.  Sustainable Design Strategy to be submitted as part of the first RM application to include a mix of dwellings heights and sizes

Informative:

• No consent is given for the scheme as shown on the indicative plans

(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  ...  view the full minutes text for item 118.

To consider the above planning application.

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

Note: Parish Councillor R Young (on behalf of Church Lawton Parish Council) and Mr I Pleasant (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 Local Planning Authority considers that insufficient information has been provided to satisfactorily demonstrate the loss of the employment uses on this site. As a result the development would not promote a strong rural economy and it has not been demonstrated that there would be no detrimental impact upon the supply of employment land or premises in the Borough. The proposed development would be contrary to Policy EG3 (Existing and Allocated Employment Sites) of the Cheshire East Local Plan Strategy and Policies E6 (Employment Development in the Green Belt) and E10 (Re-use or Redevelopment of Existing Employment Sites) of the Borough of Congleton Local Plan 2005.

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

Note: Parish Councillor J McEvoy attended the meeting and addressed the Committee on behalf of Wrenbury cum Frith Parish Council.

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 REFUSED for the following reasons:

1.      The proposed residential development is unsustainable because it is located within the Open Countryside would result in adverse impact on the landscape character of the area contrary to Policies NE.2 (Open Countryside), NE.12 (Agricultural Land Quality), BE.2 (Design) and RES.5 (Housing in the Open Countryside) of the Crewe and Nantwich Local Plan, Policies PG5 (Open Countryside), SD1, SD2 & SE4 (Landscape) of the emerging Cheshire East Local Plan Strategy 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 creates harm to interests of acknowledged importance.

2.      Insufficient information has been provided to fully assess the flood risks arising from the proposed development. In particular, the Flood Risk Assessment fails to demonstrate that the proposed development will not increase the risk of fluvial flooding offsite and does not include how the loss of the floodplain is to be mitigated, such that fluvial flood risk is not increased elsewhere. The proposal is therefore contrary to Crewe and Nantwich Local Plan Policies NE.20, BE.4, Policy SE.13 of the emerging Cheshire East Local Plan Strategy the NPPF

3.      Insufficient information has been provided in which to assess the agricultural land quality of the site. The proposal is therefore contrary to Policy NE.12 of the Crewe and Nantwich Local Plan, Policy SD1 emerging Cheshire East Local Plan Strategy 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, the following Heads of Terms 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  ...  view the full minutes text for item 120.

To consider the above planning application.

Note: Councillor A Martin (Ward Councillor) had registered his intention to address the Committee but was not in attendance at the meeting.

Note: Mr C Grant (objector) and Mr I Stevens (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, for the reasons set out in the report, the application be APPROVED subject to the following conditions:

1.      Time (3 years)

2.      Plans

3.      Restoration and repair only

4.      Materials – Prior submission of facing, roofing and fenestration details

5.      New windows and doors to be timber with vertical boarding and with external metal braces

6.      Barn windows to be multi paned square glazing bar pattern with double/secondary glazing close behind

7.      Development to comply with Preliminary Ecological Appraisal dated 1^st October 2015 prepared by Kingdom Ecology

8.      Nesting birds mitigation, including Swallow boxes, to be submitted and approved

9.      Breeding birds – timing of works

10.   Barn owl compensation strategy

11.   Further barn owl survey

12.   Landscaping (details) to be submitted and approved

13.   Landscaping (implementation)

14.   Boundary treatment to be submitted and approved

15.   Removal of PD, including removal of PD for new windows

16.   Contaminated Land 1 Preliminary Risk Assessment

17.   Contaminated Land 2 Soil verification

18.   Contaminated Land 3 Unidentified contamination

19.   Scheme for provision of vehicular and pedestrian passing bays along Batherton Lane. Passing bays to be provided prior to first occupation

20.   Dust emissions scheme

21.   Scheme of foul and surface water drainage

22.   Archaeological record

23.   Conservation Roof Lights

24.   Metal Rainwater – red in colour

25.   Scheme of treatment of the existing ventilation openings

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 I Stevens had registered his intention to address the Committee on behalf of the applicant 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 the following conditions:

1.         Time limit

2.         Plans

3.         Restoration and repair only

4.         Materials – Prior submission of facing, roofing, rainwater and fenestration details

5.         New windows and doors to be timber with vertical boarding and with external metal braces

6.         Barn windows to be multi paned square glazing bar pattern with double/secondary glazing close behind

7.         Conservation Roof Lights

8.         Metal Rainwater – red in colour

9.         Scheme of treatment of the existing ventilation openings

10.      Removal of PD for new windows

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: Councillor P Bates (Ward Councillor), Mr B Haywood (objector) and Mr N Collins (on behalf of the applicant) attended the meeting and addressed the Committee on this matter.

Note: Town Councillor A Martin had not registered her intention to address the Committee on behalf of Congleton Town Council. 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 Councillor Martin to speak.

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 is not sympathetic to the character, appearance and form of the site and the surrounding area and represents an overdevelopment of the site. The development is contrary to Policies GR2 (Design) of the Congleton Local Plan, SE1 (Design) of the CELP and guidance within the NPPF.

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: Councillor P Butterill left the meeting during consideration of this application.

Note: Mrs S Helliwell (objector) and Mr S Daintith (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

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

1.         Plans

2.         Notwithstanding details forming part of application materials to be submitted and approved

3.         Landscaping scheme submission

4.         Landscaping scheme implementation

5.         Submission of boundary treatments

6.         Levels

7.         ‘No dig’ hard surface construction for the pedestrian link footpath and car parking bays to be submitted and approved

8.         Tree Pruning/Felling Specification

9.         Tree Protection

10.      No materials to be stored within 5m of ditch/ ditch to be fenced off during construction

11.      Removal of permitted development rights – smaller plots (10-13, 21-29 and 30-31)

12.      Boundary treatment to be as per plans

13.      Removal of permitted development for boundary walls forward of building line

14.      Scheme of works for the diversion of the overhead cables to be submitted

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: Town Councillor S Helliwell attended the meeting and addressed the Committee on behalf of Alsager Town Council.

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.         Landscaping details including boundary treatment to be submitted and approved

6.         Implementation of landscaping

7.         Submission of a noise assessment

8.         Provision of an electric vehicle charging point

9.         If, during the course of development, contamination not previously identified is found to be present, no further works shall be undertaken in the affected area and the contamination shall be reported to the Local Planning Authority as soon as reasonably practicable (but within a maximum of 5 days from the find). Prior to further works being carried out in the identified area, a further assessment shall be made and appropriate remediation implemented in accordance with a scheme also agreed in writing by the Local Planning Authority.

10.      Prior to commencement the developer shall undertake consultation with the HSE and National Grid to confirm that there are no objections to the siting of a dwelling adjacent to the sub-station

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: Mr C Bowen 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 REFUSED for the following reason:

Whilst it is acknowledged that there is a presumption in favour of sustainable development in the planning balance, it is considered that the development is unsustainable because:

The unacceptable environmental impact of the scheme on the open countryside and character and appearance of the landscape, coupled with the unsustainable location, and the economic impact of loss of best and most versatile agricultural land significantly demonstrably outweighs the economic and social benefits in terms of its contribution to boosting housing land supply, including the contribution to affordable housing. As such, the proposal is contrary to Policy NE2, NE.3, and NE12, of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and Policy SE4 of the Cheshire East Local Plan Strategy Submission Version as well as the provisions of the National Planning Policy Framework.

(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 this application be the subject of an appeal, the following Heads of Terms should be secured as part of any S106 Agreement:

1.      A scheme for the provision of affordable housing – 3 units to be provided as social rent/affordable rent with 2 unit as 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 £32,685 towards secondary education.

Informative

The indicative plan is not approved as a layout plan

To consider the above planning application.

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 as per application

4.         Scheme of landscaping

5.         Removal of PD rights A-E

6.         Tree protection

7.         Tree Pruning/Felling Specification

8.         Engineer Designed no dig construction

9.         Boundary treatments

10.      Levels

11.      Nesting birds

12.      Drainage scheme

13.      External lighting

14.      Dust control

15.      Piling

16.      Contaminated land

17.      Construction Management Plan

18.      Programme of archaeological work

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: Ms S Davies (Parish Clerk on behalf of Hough & Chorlton Parish Council) and Mr S Williams (objector)attended the meeting and addressed the Committee on this matter.

The Principal Planning Officer referred to correspondence form Councillor J Clowes which had been sent to all members of the Planning Committee.

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

RESOLVED – That the application be DEFERRED for the following:

• a Committee Site Inspection;
• a response in relation to the enforcement issues on the site;
• to ensure that accurate plans are provided;

to consult with Environmental Health in relation to animal husbandry issues on the site.