Agenda item

(During consideration of the application, Councillor D Brown arrived to the meeting, however he did not take part in the debate or vote on the application).

Consideration was given to the above application.

(Stephen Harris, the agent for the applicant attended the meeting and spoke in respect of the application.  In addition a statement was read out by the Planning & Place Shaping Manager on behalf of Councillor B Silvester, the Ward Councillor).

The Head of Strategic & Economic Planning emphasised that whilst the Rope Lane appeal decision concluded that Policies NE2 (countryside) and NE4 (green Gap) were ‘out of date’ this was not the approach that the Council now adopted.  The appeal came relatively early after the impact of NPPF started to be felt in decision making – and since then understanding of the Framework had matured.  The recent appeal inquiries in Sandbach and Alsager considered the role of countryside in considerable detail and it was concluded that countryside policies were not housing supply policies for the purposes of paragraph 49 of the NPPF – and in these cases were afforded significant weight.  Taking a similar approach, policies NE2 and NE4 should also not be viewed as policies for the supply of housing – and instead should be given significant weight.

RESOLVED

That for the reasons set out in the report and in the update to Board, the application be approved subject to the completion of a Section 106 Agreement to secure the following:-

1.A commuted payment of £9,000 towards habitat creation within the Meres and Mosses Natural Improvement Area to the south of Nantwich

2.A commuted payment of £40,999 towards sprimary school education

3.A commuted payment of £20,000 towards cycleways, footways, street lighting and bus shelters

4.A commuted payment of £18,000 should be made towards providing a skate park facility or other alternative to the children’s play area on the Parish Council owned open space on Wybunbury Road, Willaston

And subject to the following conditions:-

1.       Standard time limit 3 years

2.       Approved Plans

3.       Hours of construction limited to 08:00 to 18:00 Monday to Friday, 09:00 – 14:00 Saturday and not at all on Sundays

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

5.       Prior to the commencement of development the applicant shall submit a method statement, to be approved by the Local Planning Authority

6.       External lighting details to be agreed

7.       No development shall take place until a scheme to minimise dust emissions arising from construction activities on the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of all dust suppression measures and the methods to monitor emissions of dust arising from the development. The construction phase shall be implemented in accordance with the approved scheme, with the approved dust suppression measures being maintained in a fully functional condition for the duration of the construction phase.

8.       Works should commence outside the bird breeding season

9.       Materials to be submitted and approved

10.   Landscaping to be submitted and approved

11.   Landscaping scheme to be implemented

12.   Remove Permitted Development Rights for certain plots

13.   Boundary Treatment details

14.   Tree and hedgerow retention

15.   Tree Protection to be submitted and approved

16.   The parking spaces to be provided on the approved plan should be provided

17.   Visibility splays of 2.4 metres by 60 metres to be provided before development commences and thereafter be retained.

18.   Provision of 30% affordable housing which equates to 4 rented units and 2 intermediate units on this site.

19.   Windows to the south-east facing elevation of plot 1 to be obscure glazed. Remove PD for additional windows to the side elevation of Plot 1.

20.   No development within 3 metres either side of the centre line of the sewer which crosses the site

21.   10 metre easement strip for the 24" Concrete Trunk Water Main

22.   Storage of wheelie bins

23.   Wheel washing facility

24.   Submission of Construction Management Statement to include no parking of construction vehicles on Cheerbook Road

In the event of any changes being needed to the wording of the Board’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 Planning & Place Shaping Manager has delegated authority to do so in consultation with the Chairman of the Strategic Planning Board, provided that the changes do not exceed the substantive nature of the Committee’s decision.

Should this application be the subject of an appeal, authority be delegated to the Planning & Place Shaping Manager in consultation with the Chairman of the Strategic Planning Board to enter into a planning agreement in accordance with the S106 Town and Country Planning Act to secure the Heads of Terms for a S106 Agreement.