Agenda item

Consideration was given to the above application.

(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.       The 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 the provision of an appropriate visibility splay, cycleway and footways to the access on Padgbury Lane has been submitted to demonstrate that the scheme would provide for the safe operation of the public highway for all users contrary to Policies GR9 of the adopted Congleton Borough Local Plan First Review 2005

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 Southern Planning Committee, 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 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 to secure:-

·                      Affordable housing:

• 30% of all dwellings to be affordable (65% social or affordable rented and 35% intermediate tenure)
• A mix of 2 , 3 bedroom and other sized  properties to be determined at reserved matters
•  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.
• 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).
• 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.
• 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 £112,475 towards primary education. This contribution will be required to be paid on occupation of the site

·  Provision of minimum of  2880m2 sqm and of shared recreational open space and  children’s play space to include a LEAP with 5 pieces of equipment within a minimum area of 4,000m2

·  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 £538,223 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 £139,000 in lieu of health related provision in accordance with the NHS Health Delivery Plan for Congleton