Agenda item

The Chairman has agreed to this item being added to the agenda as an urgent item of business.

To consider the part withdrawal of the reasons for refusal relating to outline planning application 14/1326N for up to 150 residential dwellings to include access

In accordance with Section 100B (4)(b) of the Local Government Act 1972, the Chairman announced that he had agreed to allow consideration of this item as an urgent item of business, due to the need for a speedy decision to ensure that proofs of evidence for a forthcoming appeal were submitted within the set deadlines.

The Board considered a report regarding planning application 14/1326N, which had been refused by the Strategic Planning Board on 15October 2014, and which was now the subject of an appeal.

RESOLVED

(a)  That for the reasons set out in the report, the Head of Planning (Regulation) be instructed not to contest the housing land supply, barn owls and highways issues at the forthcoming appeal, and to defend the appeal on the following grounds:

1. The proposed residential development is unsustainable because it is located within the Open Countryside, contrary to Policies NE.2 (Open Countryside) and RES.5 (Housing in Open Countryside) of the Borough of Crewe and Nantwich Replacement Local Plan, Policy PG 5 of the Cheshire East Local Plan Strategy – Submission Version and the principles of the National Planning Policy Framework and create harm to interests of acknowledged importance. The application is also contrary to the emerging Development Strategy.

2. In the opinion of the Local Planning Authority, the proposed development would cause a significant erosion of the Green Gap between the built up areas of Nantwich and Crewe and would adversely affect the visual character of the landscape which would significantly and demonstrably outweigh the benefits of the scheme notwithstanding a shortfall in housing land supply. The development is therefore contrary to Policy NE4 (Green Gaps) of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and guidance contained within the NPPF.

3. The site comprises 5.05ha (67%)  best and most versatile agricultural land, the loss of which weighs against the proposal in the overall planning balance, and when taken cumulatively with the other factors referred to in 1 and 2 above renders the development unsustainable and the harm caused would significantly and demonstrably outweigh the benefits and is contrary to Policy NE.12 of the Borough of Crewe  and Nantwich Replacement Local Plan 2011 and the provisions of the National Planning Policy Framework.

(b)  That a planning agreement be entered into in accordance with the S106 Town and Country Planning Act to secure the Heads of Terms for a S106 Agreement.

S106 Heads of Terms:

1.         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 to include pepper potting

-           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 POS and a LEAP with 5 pieces of equipment and a scheme of management in perpetuity

3.         Commuted  Sum   payment   in   lieu   of   primary   education   provision

£292,850

4.         Commuted Sum payment of £2000 in lieu of ecological mitigation for loss of grassland