Items
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Item |
7. |
Apologies for Absence
Minutes:
There were no apologies for absence.
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8. |
Declarations of Interest
To provide an opportunity for Members and
Officers to declare any disclosable
pecuniary and non-pecuniary interests in any item on the
agenda.
Minutes:
Councillor Rachel Bailey declared an interest
by virtue of being the wife of a farmer with an agricultural
tie.
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9. |
Public Speaking Time/Open Session
In
accordance with Procedure Rules Nos.11 and 35 a period of 10
minutes is allocated for members of the public to address the
meeting on any matter relating to the work of the body in
question. Individual members of the
public may speak for up to 5 minutes but the Chairman or person
presiding will decide how the period of time allocated for public
speaking will be apportioned where there are a number of speakers.
Members of the public are not required to give notice to use this
facility. However, as a matter of courtesy, a period of 24
hours’ notice is encouraged.
Members
of the public wishing to ask a question at the meeting should
provide at least three clear working days’ notice in writing
and should include the question with that notice. This will enable
an informed answer to be given.
Minutes:
No members of the public spoke at the
meeting.
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10. |
Discharge of Section 106 Agreement to 62561P  PDF 88 KB
To seek
approval to discharge the Section 106 Agreement which restricts the
occupancy and re-sale of the dwelling constructed at Springbank Farm, Fanshawe Lane, Henbury
Decision:
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Decision-maker:
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Councillor Rachel
Bailey
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Decision taken on:
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22 April
2013
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Decision in the matter of:
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Discharge of Section
106 Agreement to 62561P
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DECISION:
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That permission be granted to Discharge of
Section 106 Agreement to 62561P,
Springbank Farm, Fanshawe Lane, Henbury
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Background:
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To
seek the approval of the Portfolio Holder for the discharge of a
Section 106 Agreement, which restricts occupancy of the existing
dwelling at Springbank Farm Fanshawe Lane, Henbury to an
agricultural worker. The Section 106 Agreement also restricts the
dwelling to be sold off separately from the land associated with
the agricultural unit. The applicants now seek to release
Springbank Farm from the obligation following approval of
application, 12/2775M, which was an application to remove the
agricultural occupancy condition attached to permission
62561P.
The discharge of the Section 106 Agreement is considered to be
acceptable in planning policy terms as the principle of the removal
of the occupancy condition i.e. unfettered dwelling (C1 use) has
been established by the removal of the occupancy condition. On this
basis, it is not considered reasonable or necessary to refuse to
remove the Section 106 Agreement
It is recommended that the Interim Monitoring Officer discharge
the section 106 Agreement by Deed of Agreement with the current
landowner (the same landowner who entered into the 1991
Agreement).
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Background
Documents:
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The background papers relating to this matter may be inspected
by contacting the report writer.
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Approved:
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Councillor
Rachel Bailey
(Cabinet Member)
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Date:
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22 April 2013
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Advising Officer:
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Louise Whinnet
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Title:
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Senior Planning Officer
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Issued by
the Borough Solicitor
Minutes:
The Cabinet Member for Children and Family
Services considered a request for the discharge of a Section 106
Agreement restricting the occupancy of the existing dwelling at
Springbank Farm to an agricultural
worker, and restricting its sale separately from the land
associated with the agricultural unit.
The request arose following the approval of
application 12/2775M which was an application to remove the
agricultural occupancy condition attached to permission
62561P. It was not considered
reasonable or necessary to refuse to remove the Section 106
Agreement.
RESOLVED
That approval be given to discharge the
Section 106 Agreement which restricted the occupancy and resale of
the dwelling constructed at Springbank Farm, Fanshawe Lane,
Henbury.
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11. |
Discharge of Section 52 Agreement at Stumps, Farm Lane, Lower Withington, SK11 9DU PDF 57 KB
To seek
approval to discharge the Section 52 Agreement which restricts
occupancy of the existing dwelling known as Stumps at Four Oaks
Nursery to somebody employed in agriculture or forestry
Decision:
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Decision-maker:
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Cabinet Member for
Children and Family Services
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Decision taken on:
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22 April
2013
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Decision in the matter of:
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Discharge of Section 52
Agreement at Stumps Farm, Farm Lane, Lower Withington, SK11
9DU
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DECISION:
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That permission be granted to discharge the 6 Clauses contained
in the Section 52 Agreement at Stumps Farm, Farm Lane, Lower
Withington.
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Background:
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Permission was granted in 1976 under application referenced
5/04428 for an agricultural workers dwelling subject to conditions
(including a condition restricting occupancy) and a Section 52
Agreement (also restricting occupancy and
re-sale/let/sub-letting).
The
applicant is seeking to be released from the Section 52
Agreement. Clause 1 of the agreement
restricts the sale/lease/subletting of the dwelling separately from
the rest of the land; Clause 2 restricts the occupancy of the
dwelling to a person solely or mainly employed in agriculture or
forestry. Clauses 3, 4 and 5 relate to the removal of a caravan
from the land. Clause 6 requires the
payment of £1 to the Council being the stamp duty payable on
the deed.
Condition 4 of the planning permission which the applicant would
still be bound by. Additionally a
second dwelling at the site has been released from its Section 52
Agreement in similar circumstances which has set a precedent at
this site. The caravan has been removed
from the site. On this basis it is not
considered reasonable or necessary to refuse to remove the Section
52 Agreement.
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Background
Documents:
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The background papers relating to this matter may be inspected
by contacting the report writer.
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Approved:
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Councillor Rachel Bailey
(Cabinet Member)
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Date:
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22 April 2013
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Advising Officer:
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Martin Lomas
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Title:
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Planning Officer
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Issued by
the Borough Solicitor
Minutes:
The Cabinet Member for Children and Family
Services considered a request to discharge the Section 52 Agreement
which restricted the occupancy of the existing dwelling know as
‘Stumps’ at Four Oaks Nursery to somebody employed in
agriculture or forestry; it also required that the dwelling not be
sold, leased or sublet separate to the rest of the land.
It was noted that the Section 52 Agreement
repeated the provision of condition 4 of the planning permission
which would still bind the applicant.
In addition a second dwelling at the site had already been released
from its Section 52 Agreement under similar circumstances.
RESOLVED
That approval be given to discharge the
Section 52 Agreement containing the clauses outlined in paragraph
9.2 of the report.
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12. |
Proposed School Expansions - Wilmslow and Macclesfield PDF 107 KB
To approve
consultation on the expansion of Wilmslow Grange
Community Primary and Nursery School, Dean Oaks Primary School,
Lacey Green Primary Academy and Ash
Grove Primary School and Nursery
Additional documents:
Decision:
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Decision-maker:
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Portfolio Holder for
Children and Family Services
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Decision taken on:
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22 April
2013
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Decision in the matter of:
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Proposed School Expansions,
Wilmslow and Macclesfield.
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DECISION:
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That approval be given to commence statutory
consultation on the following proposed expansions for completion in
September 2014:
·
Wilmslow Grange Community Primary and
Nursery School, Handforth
- from 210 to 315 pupil places;
·
Dean Oaks Primary, Wilmslow
- from 315 to 420 pupil
places
·
Lacey Green Primary
Academy* - from 300 to 420 pupils
places;
·
Ash Grove Primary School and Nursery,
Macclesfield – from 105 to 210 pupil places.
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Background:
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It should be noted that the Local Authority cannot propose the
expansion of an Academy. This is the responsibility of the Academy
Trust. The purpose of including the Lacey Green proposal in the Authority’s
consultation exercise is to work in collaboration with the Academy
and to provide clarity for all consultees on the plans for growth in the Wilmslow
area. The headteacher and governing body
support the Local Authority in this approach.
As the Strategic Commissioner of School Places, the
Local Authority has a statutory duty to review provision within its
area and to establish future demand. Pupil forecasts for the Wilmslow area
indicate a shortfall of 227 primary school places by 2018.
Permission to consult on three expansion proposals is therefore
being requested. These expansions would provide an
additional 330 places (all year groups) for the Wilmslow area with
these additional places being phased in at the normal point of
entry to school (15 places per school per year). This would deliver an additional 225 places by
2018 and would allow the reception admission to increase from 360
pupil places to 405 pupil places (+45) and therefore more in line
with current and forecast demand.
The
proposal to expand Ash Grove Primary School and Nursery,
Macclesfield is to address the increasing demand for places from
the school’s local community. This school previously had a
higher intake of 47 pupils up until 2005 when it was reduced to a
25 intake following a review of surplus places implemented by the
former Cheshire County Council. A further reduction was made in
2011 taking the school to a half form of entry primary school with
an intake of 15 pupils at the normal point of entry and reducing
the school’s overall capacity to 105 places.
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In
making these recommendations the Authority has given consideration
to a number of issues including the number of pupils in each
school’s catchment area and the community’s ability to
sustain the school, the number of first preferences received for
each school as an indication of popularity, the current size of the
school and capacity to expand; the latter taking into account site
suitability, and the latest Ofsted
inspections.
Suitable schools also
need to be central to the areas where the extra places are
required.
The advice of the
Council’s Legal and Finance Officers has been taken into
account in producing the report presented to the Portfolio
Holder.
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Background
Documents:
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The background ...
view the full decision text for item 12.
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Minutes:
The Cabinet
Member for Children and Families considered a request to approve
the commencement of consultation on a number of school expansion
proposals in order to address increasing demand for school places
in the Wilmslow and Macclesfield areas.
The proposed completion date for the expansions was September
2014.
It was noted that
the consultation process would include the local ward members of
the areas concerned. The report
detailed the reasons for the expansions, and also the position
concerning the Lacey Green Primary Academy for which, whilst the
Local Authority could not propose the expansion of an Academy, it
was proposed to work with in collaboration in order to provide
clarity for all consultees on the plans for growth in the Wilmslow
area.
RESOLVED
That approval
be given to commence statutory
consultation on the following proposed expansions for completion in
September 2014:
·
Wilmslow Grange Community Primary and
Nursery School, Handforth - from 210 to
315 pupil places;
·
Dean Oaks Primary, Wilmslow
- from 315 to 420 pupil
places;
·
Lacey Green Primary
Academy - from 300 to 420 pupils
places;
·
Ash Grove Primary School and Nursery,
Macclesfield – from 105 to 210
pupil places.
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13. |
Proposed Community Consultation upon the Draft Character Appraisal and Management Plan, as part of the Review of the Sandbach Town Centre Conservation Area
THIS ITEM HAS BEEN WITHDRAWN FROM THE
AGENDA.
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