Agenda item

To consider the above application.

Note: Councillor T Dean left the meeting and returned during consideration of this item but after returning did not take part in the debate or vote.

Note: Councillor G Wait (Ward Councillor), Councillor G Merry (Neighbouring Ward Councillor), Councillor B Moran (Neighbouring Ward Councillor), Ms C Jealous (on behalf of Park Lane and Crewe Road Action Group), Mr J Minshull  (on behalf of Sandbach Neighbourhood Plan Working Group), Mr J Harris (objector) and Mr N Lee (on behalf of the applicant) attended the meeting and addressed the Board on this matter.

The Board considered a report regarding the above planning application and a written update.

The Principal Planning Officer clarified that the paragraph entitled ‘Health’ on page 87 of the agenda should be deleted and that the correct position was set out on page 97.

RESOLVED

(a)  That the application be REFUSED for the following reasons:

1. The Local Planning Authority considers that having regard to the context of developments in the Sandbach area and the scale of the proposed development that it would be premature following the publication consultation draft of the Sandbach Neighbourhood plan. As such allowing this development would prejudice the outcome of the neighbourhood plan-making process and would be contrary to guidance contained at Paragraph 216 of the NPPF and guidance contained within the NPPG.

2. Whilst it is acknowledged that there is a presumption in favour of sustainable development in the planning balance, it is considered that the development is unsustainable because of the conflict with the draft Sandbach Neighbourhood plan and because of the unacceptable environmental and economic impact of the scheme in terms of loss of best and most versatile agricultural land and open countryside. These factors significantly and demonstrably outweigh the social benefits in terms of its contribution to boosting housing land supply, including the contribution to affordable housing. As such the proposal is contrary to Policies PS8 and H6 of the adopted Congleton Borough Local Plan First Review 2005 and Policies PG 5 and SE 2 of the Cheshire East Local Plan Strategy – Submission Version and the provisions of the NPPF.

(b)  That, in order to give proper effect to the Board`s/Committee’s intentions and without changing the substance of the decision, authority be delegated to the Head of Strategic & Economic Planning, in consultation with the Chair (or in his absence the Vice Chair) of Strategic Planning Board, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

(c)  That, should the application be subject to an appeal, the following Heads of Terms should be secured as part of any S106 Agreement:

A scheme for the provision of 30% affordable housing – 65% to be provided as social rent/affordable rent with 35% intermediate tenure. The scheme shall include:

- The numbers, type, tenure and location on the site of the affordable housing provision

- The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing

- The arrangements for the transfer of the affordable housing to an affordable housing provider or the management of the affordable housing if no Registered Social Landlord is involved

- The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

- The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

2. Provision of Public Open Space and a NEAP (8 pieces of equipment) to be maintained by a private management company in perpetuity

3. Provision of a fully serviced site to be large enough to accommodate a 1 Form Entry Primary School (or other community facility to be agreed in writing with the LPA) and the requested contributions of £390,466 (for primary education) and £424,910 (for secondary school education).

4. Highways Contribution of £166,000

5. PROW Contribution of £42,280

Note: In accordance with paragraph 15.5 of the Council Procedure Rules, Councillors B Burkhill and D Hough requested that the Minutes of the meeting recorded that they abstained.