Agenda item

(During consideration of the application, Councillor P Hoyland arrived to the meeting.  He did not take part in the debate or vote on the application).

Consideration was given to the above application.

(Councillor G Baxendale, the Ward Councillor, Councillor Mrs Rhoda Bailey, the Neighbouring Ward Councillor, Town Councillor Paul Bates, representing Congleton Town Council, Parish Councillor John Carter, representing Newbold Astbury & Moreton Parish Council and James Green, representing West Heath Action Group attended the meeting and spoke in respect of the application).

RESOLVED

That the application be refused for the following reasons:-

1.     Proposed residential development is unsustainable because it is located within the Open Countryside, contrary to Policy PS8  of the Congleton Borough Local Plan  First Review 2005,Policy PG5 of the emerging Cheshire East Local Plan Strategy - Submission Version 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 and creates harm to interests of acknowledged importance. The Local Planning Authority can demonstrate a 5 year supply of housing land in accordance with the National Planning Policy Framework and consequently, there are no material circumstances to indicate that permission should be granted contrary to the development plan, to the emerging Development Strategy   and  the principles of the National Planning Policy since there are no material circumstances to indicate that permission should be granted contrary to the development plan.

2.       The proposal would result in loss of the best and most versatile agricultural land and given that the Authority can demonstrate a housing land supply in excess of 5 years, the applicant has failed to demonstrate that there is a need for the development, which could not be accommodated elsewhere. The use of the best and most versatile agricultural land is inefficient  and contrary to Policy  SE2 of the emerging Cheshire East Local Plan Strategy - Submission Version  and the provisions of the National Planning Policy Framework.

3.            Insufficient information concerning levels and the provision of footways has been submitted to demonstrate that the scheme , in providing footways to an adoptable standard;  would provide for the retention and protection of existing trees of amenity value contrary to  Policies GR1 and  NR1 of the adopted Congleton Borough Local Plan First Review 2005 and policy SE3 and SE5  of the emerging Cheshire East local Plan and the provisions of the National Planning Policy Framework.

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 Interim Planning and 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 Board’s decision.

Should this application be the subject of an appeal, authority be delegated to the Interim Planning and Place Shaping Manager in consultation with the Chairman of the Southern Planning Committee, 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 to secure:-

·                           Affordable housing:

o      30% of all dwellings to be affordable (65% social or affordable rented and 35% intermediate tenure)

o      A mix of 2 , 3 bedroom and other sized  properties to be determined at reserved matters

o      units to be tenure blind and pepper potted within the development, the external design, comprising elevation, detail and materials should be compatible with the open market homes on the development thus achieving full visual integration.

o      constructed in accordance with the Homes and Communities Agency Design and Quality Standards (2007) and should achieve at least Level 3 of the Code for Sustainable Homes (2007).

o      no more than 50% of the open market dwellings are to be occupied unless all the affordable housing has been provided, with the exception that the percentage of open market dwellings that can be occupied can be increased to 80% if the affordable housing has a high degree of pepper-potting and the development is phased.

o      developer undertakes to provide the social or affordable rented units through a Registered Provider who are registered with the Homes and Communities Agency to provide social housing.

·       Contribution of £ 165,405 towards primary education. This contribution will be required to be paid on  1^st occupation of the site

·       Provision of minimum of 4320 sqm and of shared recreational open space and  children’s play space to include a NEAP with 8 pieces of equipment

·       Private residents management company to maintain all on-site open space, including footpaths and habitat creation area  in perpetuity

·       Commuted Sum of £10,000 towards the delivery of quality bus stop infrastructure

·       Provision of £5,000 over  five years annual monitoring (£1000 per annum) of the Travel Plan and its annual statements

·       Commuted Sum of £672,777 towards improvement of the Waggon and Horses Junction and the improvements at Barn Road roundabout or other measures that will provide similar congestion relief benefits to the A34 corridor through Congleton

·       Commuted Sum payment of £174,000in lieu of health related provision in accordance with the NHS Health Delivery Plan for Congleton