Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors D Brown, P Edwards, B Moran and G Walton.

To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests and for Members to declare if they have made a pre-determination in respect of any item on the agenda.

Councillor W J Macrae declared a pre-determination in respect of application 09/1582W-Planning Permission for A34 Alderley Edge and Nether Alderley Bypass (Application No 5/03/1846P) on the basis of him being a promoter of the scheme due to the fact that he was a former Cabinet Member for Macclesfield Borough Council and now as a current Cabinet Member for Cheshire East Borough Council and in accordance with the Code of Conduct he moved away from the table and did not speak or vote upon the application.

Visiting Councillor A Moran declared a personal interest in application P09/0126- Erection of Replacement Store with Associated Café, Servicing Arrangements and Plant Following Demolition of Existing Store and Industrial Unit; Formation of New and Upgraded Car Parking Facilities with Alterations to Pedestrian Access and Upgrading of Landscaping to Site; Sainsbury’s Store/Fairway Suithouse, Middlewich Road, Nantwich, Cheshire, CW5 6PH for Sainsbury’s Supermarkets Ltd by virtue of the fact that he was a member of Nantwich Town Council.  He exercised his to right speaking under the public speaking procedure as a Ward Councillor for the area.

To approve the minutes as a correct record.

RESOLVED

That the minutes be approved as a correct record and signed by the Chairman subject to the inclusion of Councillor C Thorley in the list of apologies subject to the first resolution under application 09/1300M being amended to include the words ‘in consultation with the Chairman of the Board and Ward Councillor A Arnold’ after the words ‘Head of Planning & Policy’ and subject to the second resolution under the same application being amended to include the words ‘and the connected suite of Agreements for Applications 09/1613M, 09/1577M, 09/1296M, 09/1295M after the words ‘with regard to the S106 Agreement’.

A total period of 5 minutes is allocated for the planning application for Ward Councillors who are not members of the Strategic Planning Board.

A period of 3 minutes is allocated for the planning application for the following individuals/groups:

• Members who are not members of the Strategic Planning Board and are not the Ward Member
• The relevant Town/Parish Council
• Local Representative Group/Civic Society
• Objectors
• Applicants/Supporters

RESOLVED

That the public speaking procedure be noted.

To consider the above application.

Consideration was given to the above application.

(The Ward Councillor Miss C M Andrew, Parish Councillor Mrs Claire a representative from Nether Alderley Parish Council, Mr Stammers a representative of Nether Alderley Rural Protection Association (NARPA) and Mr Saunders, an objector attended the meeting and spoke in respect of the application).

RESOLVED

That the application be approved subject to the following conditions:-

1. Commencement of development

2. In accordance with approved plans

3. Protection for breeding birds

4. Enhancement features for roosting bats

5. Conservation ponds - details

6. Landscape and ecological management plan

7. Landscape - Planting Compartments CE29 and CE31

8. Landscape aftercare

9. Tree protection

10. Hours of operation - construction, engineering and earthmoving operations

11. Hours of operation - pile driving or use of percussion equipment

12. Noise – to comply with guidance

13. Dust

14. Highways - protection of highway from mud and debris

15. Highways – transport of loose materials

16. Bridge detail

17. Details of fencing

And subject to the following additional conditions:-

1) Ordinary fencing (at the discretion of the Head of Planning and Policy)

(i) Between Chainages 3850 - 3910 (East) (in proximity to Gately Green complex as road comes out of Welsh Row cutting)

(ii) Along the top of the mounding in front of Heawood Hall (West)

2) Fencing and/or mounding (at the discretion of the Head of Planning & Policy), on the approach to Frog Lane roundabout to provide mitigation for Heawood Hall properties (West)

3) Mix E to replace the proposed planting/approved mixes in the following areas:

(i) Planting compartment CE30 (conservation ponds) to mitigate Sand Lane properties

(ii) Proximity to Heawood Hall - Planting compartment CE32 (East) and CW27 (West) to mitigate Heawood Hall complex and Church

(iii) For any planting in the off-site woodland belt at Sand Lane/Gately Green which had died to be replaced with a greater percentage of evergreen

To consider the above application.   

(It was noted that Members of the Board had received a package of correspondence from the Applicant).

(During consideration of the application Councillor Mrs R Bailey declared a personal interest by virtue of the fact that she was the owner of a farm that sold milk to Joseph Heler, who ran a business supported by Sainsburys).

Consideration was given to the above application.

(The Ward Councillor A Moran, Sarah Jones, Turley Associates, Agent for the Applicant, Jo Try, a representative from Sainsburys and Mrs Evans, a Supporter attended the meeting and spoke in respect of the application).

RESOLVED

That the application be approved subject to the completion of a S106 Agreement to provide for the following:

Prior to any development commencing on site the applicant is to pay the sum of £150,000 towards the costs of implementation of:

- Toucan crossing on Middlewich Road.

- Toucan crossing on A500 Nantwich Bypass.

- A pedestrian refuge island between Sainsbury's entrance and the Barony traffic signals along Middlewich Road, with a footway link to tie in with Cheshire East Council's Connect 2 route at this location.

- A Traffic Management Scheme at Beam Heath Way to control the queuing of delivery vehicles.

- The widening of the existing footway along Middlewich Road to the side of the petrol filling station, to allow both pedestrians and cyclists to share this space and access Middlewich Road from the Connect 2 route and surrounding area.

- Pedestrian Crossing Improvements.

Prior to any development commencing on site:

- A scheme of Public Art to be located in the area identified on Site Plan ARCH / 2004-030/P12/C to be prepared and agreed by the Local Planning Authority.

- The agreement of the scheme is to take into account the views of Stakeholders through a consultation exercise, the scope of which is to be agreed with the Local Planning Authority.

- Dedication by the applicant of the necessary land within their ownership to facilitate the above footway along Middlewich Road

Prior to the first occupation of the site

-        The agreed scheme of Public Art is to be commissioned and a delivery programme agreed with the Local Planning.

In addition the following conditions were also agreed:-

1. Standard 3 years

2. Approved plans

3. Materials

4. Landscape scheme to include public art feature at roundabout

5. Implementation of landscaping

6. Tree protection measures

7. No works within protected area

8. Surface water regulation system (to incorporate SUDS)

9. Maximum discharge

10. Surface water attenuation measures

11. Scheme for management of overland flow

12. Provision of parking

13. Provision of cycle parking - 20 secured and covered stands

14. Travel Plan

15. Incorporation of sustainable features to BREAM very good rating.

16. Waste Management Plan

17. CCTV and speed humps to car park

18. Maximum net sales area of the replacement store

19. Restriction of the level of sales area given over to the sale of convenience or comparison goods

20. Noise attenuation measures

21.  ...  view the full minutes text for item 131.

To consider the above application.

Consideration was given to the above application.

(The Ward Councillor L Gilbert, Parish Councillor John Halstead representing Cranage Parish Council and Mr Thomas, representing the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That the application be deferred for a site visit in order to assess the impact of the development on residential amenity and the surrounding countryside.

To note the Appeal Summaries.

Consideration was given to the report as submitted.

RESOLVED

That the Planning Appeals be noted.