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.

There were no declarations of interest.

To approve the minutes of the meeting held on 29 March 2017.

RESOLVED – That the minutes of the meeting held on 29 March 2017 be approved as a correct record and signed by the Chairman.

To consider the above planning application.

The Chairman reported that this application had been withdrawn from the agenda prior to the meeting.

To consider the above planning application.

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

Note: Parish Councillor H Jones (on behalf of Audlem Parish Council), Mr J Latham and Dr C Parsons (objectors) and Mr S Grimster (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 REFUSED for the following reasons:

1.           The proposal involves the development of a parcel of countryside outside of the Settlement Boundary for Audlem as defined in the Audlem Neighbourhood Plan 2016. It is also involves development within the Open Countryside as set out in the Borough of Crewe and Nantwich Replacement Local Plan. As a result the proposal is not listed as an appropriate form of development within the countryside and would erode the rural character of the countryside and would undermine the ability of the community to shape and direct sustainable development in their area, contrary to the Audlem Neighbourhood Plan Policies H1 and H3, Borough of Crewe and Nantwich Replacement Local Plan Policies NE.2 & RES.5, Cheshire East Local Plan Strategy Policy PG5 and the advice of NPPF paragraphs 17, 183-185 and 198. These conflicts are considered to significantly and demonstrably outweigh the benefits of the proposal.

2.           The proposed development would have an adverse impact on the setting of the Audlem Conservation Area and on the setting of the Shropshire Union Canal. The proposal is therefore contrary to the Audlem Neighbourhood Plan Policy D1, Borough of Crewe and Nantwich Replacement Local Plan Policy BE.7 and the advice of NPPF paragraphs 17,131-133, 135, 183-185 and 198. These conflicts are considered to significantly and demonstrably outweigh the benefits of the proposal.

(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 – 7 units to be provided as social rent/affordable rent with 3 units 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  ...  view the full minutes text for item 150.

To consider the above planning application.

Note: Mr S Grimster 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 completion of a S106 Agreement to secure the following:

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

and the following conditions:

1. Standard Outline

2. Submission of Reserved Matters Time limit for submission of reserved

matters

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

4. Approved Plans

5. Any subsequent reserved matters application which shall include an

Arboricultural Impact Assessment

6. Implement Reasonable Avoidance Measures for amphibians, reptiles and breeding birds in accordance with the Ecological Appraisal

7. Provision of bat and bird boxes

8. Implementation of mitigation within Flood Risk Assessment

9. All foul and surface water shall be drained on separate systems

10 Surface Water Drainage Scheme to be submitted for approval in writing

11. Scheme of the management of overland surface water flows to be submitted for approval in writing

12. Prior submission/approval of a piling method statement

13. The provision of electric vehicle infrastructure

14. Prior submission of a dust mitigation scheme

15. Works to stop if contamination identified

16. Any Reserved Matters to include details of existing and proposed land levels

17. Prior to the occupation of the development the pedestrian footway to be constructed

18. Detailed scheme for relocation of layby prior to first occupation.

19. Construction of access and visibility splays

20. Construction Management Plan

21. Dropped kerb for crossing and details of signage to be submitted to warn drivers of children crossing/the location of the bus stop

(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,  ...  view the full minutes text for item 151.

To consider the above planning application.

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

Note: Mr C Williams attended the meeting and addressed the Committee on behalf of the applicant.

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 REFUSED for the following reasons:

1.            The proposed residential development is unacceptable because it is located within the Open Countryside, contrary to Policies; NE.2 (Open Countryside) and RES.5 (Housing in Open Countryside) of the Borough of Crewe and Nantwich Adopted Replacement Local Plan 2011; Policy PG5 (Open Countryside) of the emerging Cheshire East Local Plan Strategy and the principles of the National Planning Policy Framework and create harm to interests of acknowledged importance. Consequently, there are no material circumstances to indicate that permission should be granted contrary to the development plan.

2.            The proposal would be contrary to the spatial strategy for the future development of the Borough due to the scale of the proposed development having regard to Policies PG2 (Settlement Hierarchy) and PG6 (Spatial Distribution of Development) in the emerging Cheshire East Local Plan Strategy Version

3.            Insufficient information has been provided to demonstrate that the land to be lost to development would not be 'Best and Most Versatile' (Grades 1, 2 or 3a). As such, it is considered that the proposed development would be contrary to Policy NE12 (Agricultural Land Quality) of the Borough of Crewe and Nantwich Adopted Replacement Local Plan, Policy SE2 (Efficient Use of Land) of the emerging Cheshire East Local Plan, and the NPPF.

4.            The proposed development would result in the unacceptable loss of protected trees, a threat to protected trees and would create amenity concerns resulting in future pressures to fell protected trees due to the social proximity of the proposed dwellings to protected trees. The application is therefore considered to be contrary to Policies NE.5 (Nature Conservation), BE.1 (Amenity) and BE.2 (Design Standards) of the Borough of Crewe and Nantwich Adopted Replacement Local Plan First Review 2011, Policy SE.5 (Trees, Hedgerows and Woodland) of the emerging Cheshire East Local Plan Strategy (CELP) and the NPPF.

5.            The proposed development by reason of its high density, urban design and layout would be harmful to the character and appearance of this rural area. As a result the proposed development would be contrary to Policy BE.2 (Design Standards) of the Borough of Crewe and Nantwich Adopted Replacement Local Plan, Policy SE.1 (Design) of the emerging Cheshire East Local Plan Strategy (CELP) and the NPPF.

6.            Insufficient information has been provided to demonstrate that safe and suitable access will be provided. As such, it is considered that the proposed development would be contrary to Policy BE.3 (Access and Parking) of the Borough of Crewe and Nantwich Adopted Replacement Local Plan, Policy SD1 (Sustainable Development in Cheshire East)  ...  view the full minutes text for item 152.

To consider the above planning application.

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

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 Local Planning Authority considers that insufficient information has been provided in relation to; the existing yellow hatched area outside plot 6, the bin access/storage, information on the parking to be reserved for the Limelight, parking for the adjacent taxi business, access to the parking on Browning Street for spaces labelled 46-54. The development would be contrary to Policies BE.2 and TRAN.8 of the Borough of Crewe and Nantwich Replacement Local Plan

2. The proposed development would result in an overdevelopment of the site by reason of insufficient private amenity space and cycle parking/bin storage areas and would result in the displacement of vehicles onto nearby streets. The development would be contrary to Policies BE.1, BE.2 and TRAN.8 of the Borough of Crewe and Nantwich Replacement Local Plan

(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.

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

To consider the above planning application.

Note: Parish Councillor R Pulford (on behalf of Bunbury Parish Council) and Ms J Redmond (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.           Time limit

2.           Approved Plans

3.           Materials to be submitted and approved

4.           Removal of permitted development rights

5.           Levels to be submitted and approved

6.           Foul and surface water drainage strategy

7.           Piling details to be submitted and approved

8.           Electric vehicle charging

9.           Dust mitigation measures to be submitted and approved

10.        Travel information pack to be submitted and approved

11.        Contaminated land to be submitted and approved

12.        Hard and soft landscape to be submitted and approved

13.        Landscaping implementation

14.        Boundary treatment to be submitted and approved

15.        Retention of the existing hedges with a protection scheme during the course of development.

16.        Bin storage access to the rear of plots 2 and 3

17.        Management scheme for the open space

(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: Councillor G Merry declared that she knew the owner of the property.  She had not discussed this application and had kept an open mind.

Note: Mr D Dean attended the meeting and addressed the Committee on behalf of the applicant.

The Committee considered a report regarding the above planning application.

The Principal Planning Officer drew Members’ attention to the fact that the application had originally proposed the provision of an emergency standby electricity generation facility using 40 diesel engines but that this has been amended to 10 gas utilisation engines with associated ancillary equipment, sited within a compound enclosed by a 3m acoustic/security fence.

RESOLVED

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

·                     an amended description of development being agreed to reflect the amended scheme

·                     plan reference PV-0304-02 being amended to reflect the amended description of development

·                     the following conditions:

1.            Time limit

2.            Approved plans

3.            Compliance with the submitted Ecology Report dated August 2016

4.            Updated Badger Survey if development commences after August 2017

5.            Protection for breeding birds

6.            Submission of details of any external lighting

7.            Implementation of the submitted landscape scheme

8.            Implementation and compliance with submitted tree protection measures and tree works

9.            Submission of a noise assessment within 6 months of first operation of the facility

10.         Restriction of any piling operations to 9am to 5.30pm Monday to Friday, 9am to 1pm on Saturdays, with no working on Sundays or public holidays

11.         Maintenance of a record of the hours of operation of the generators

12.         Generators shall be as specified in the Air Quality Impact Assessment (January 2017)

13.         Should the operations exceed 2,500 hours per annum, submission of a detailed air quality assessment

14.         Submission and implementation of details of equipment including radiated emission levels

15.         Submission and implementation of a scheme of radiated emission mitigation measures, liaison, monitoring and testing

16.         Submission of a Decommissioning Method Statement

(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.