Agenda item

To consider the above planning application.

Consideration was given to the above application.

(Councillor G Baxendale, the Ward Councillor, Town Councillor Paul Bates, representing Congleton Town Council, Peter Minshull, representing the Congleton Sustainability Group, Anna Morrison, an Objector andSarah Wozencroft, agent for the applicant 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.     The proposed residential development, by virtue of the adverse impact that the proposals would have on the local landscape character within a historic finger of countryside close to the town centre and failing to recognise the intrinsic character and beauty of this site is  contrary to Policies GR5, GR3  of the Congleton Borough Adopted Local Plan First Review 2005 and policies SE4,SE5 and SE6 of the emerging Cheshire East Local Plan Strategy - Submission Version  and the provisions of Paragraph 17 of  the National Planning Policy Framework.

4.    The proposal , by virtue of increased activity and traffic would lead to severe highways harm, at the juction of High Street/Lawton Street and Albert Place where no futher capcity exists, furthermore insufficient information concerning mitigation for impacts elsewhere upon the network  has been submitted. Accordigly the proposal would  be detrimental to  the safe operation of the public highway  contrary to  Policies GR9  of the adopted Congleton Borough Local Plan First Review 2005, result in severe harm contrary to para 32 of the NPPF and contrary to policy CO1 of the  Cheshire East Local Plan Strategy - Submission Version 

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 Head of Strategic and Environmental Planning 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 Head of Strategic and Environmental Planning 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 Termsfor a S106 Agreement.

·                                       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.

·               Provision of minimum of  5520sqm and of shared recreational open space and  children’s play space to include a LEAP with 5 pieces of equipment

·               Private residents management company to maintain all on-site play space, open space, including footpaths, hedgerows and green spaces  in perpetuity

·               Commuted Sum of £20,000 towards the delivery of 2 quality bus stop infrastructure on Canal Road

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

·               Commuted Sum payment of £145,000 in lieu of health related provision in accordance with the NHS Health Delivery Plan for Congleton.

·               Education contribution of £218,000

·               A financial contribution for highways improvements to Rood Hill, the negotiation of the amount to be delegated to the Interim Planning and Place Shaping Manager in consultation with the Chairman