Agenda and minutes

Apologies for absence were received from Councillors D Brown and J Macrae.

Councillor M Hollins declared that she had not pre-determined application number 10/4977C and that she was considering the application with an open mind.

Councillor S Wilkinsondeclared a personal and prejudicial interest in respect of application number 09/2806W on the grounds that he knew one of the objectors. In accordance with the Code of Conduct, he withdrew from the meeting during consideration of this item.

All Members of the Board declared that they had received correspondence regarding all the applications on the agenda.

To approve the minutes as a correct record.

RESOLVED – That the minutes of the meeting held on 30 March 2011 be approved as a correct record and signed by the Chairman.

RESOLVED - That the public speaking procedure be noted.

Note: Town Councillor Bagnall (on behalf of Middlewich Town Council) and Mark Krassowski (agent for the applicant, Walsingham Planning) attended the meeting and addressed the Board on this matter.

The Board considered a report regarding the above planning application.

RESOLVED – That the application be APPROVED subject to the completion of a Section 106 legal agreement to secure the following:

1. a) Affordable housing provision of 16% - to be provided on site.  The housing is to be provided based on 33% social rented and 67% intermediate/shared ownership, and to be provided in a variety of unit sizes to meet local requirements, in accordance with the scheme to be agreed at the Reserved Matters stage.  The affordable housing to be ‘tenure blind’ and pepper potted throughout the site, subject to RSL operational requirements.

1. b) An overage clause which provides for the current viability calculations to be reviewed at appropriate intervals before completion of the development and for the figure of 16% to be increased if the economics of provision improve either by increased on site provision or by financial contribution in lieu.

2. The following contributions:-

A533/A54 Leadsmithy St, Middlewich:-   £170,000

A533/A534 The Hill/High St/Old Mill Rd/Brookhouse Rd roundabout, Sandbach  £197,000

£190,000 to be spent either on Junction 17 of the M6 or the Middlewich bypass whichever comes forward first (the decision regarding allocation of this contribution to be delegated to the Head of Planning and Housing, in consultation with the Chairman)

Quality partnership bus shelters   £25,000

Real Time Information facility, Sandbach Rail Station   £20,000

Travel Plan facilities and targets   £38,000

Education contribution - £100,000

3. Provision for public open space to serve the whole of the development to be agreed with the Council when details of layout are submitted for approval. This must secure the provision and future management of children’s play areas and amenity greenspace in accordance with quantitative and qualitative standards contained in the Council’s policy documents including the Congleton Borough Local Plan First Review SPG1 and it’s Interim Policy Note for the Provision of Public Open Space 2008. Submitted details must include the location, grading, drainage, layout, landscape, fencing, seeding and planting of the proposed public open space, transfer to and future maintenance by a private management company.

and the following conditions:

1.            Standard outline

2.            Submission of reserved matters

3.            Approved Plans – location and zoning

4.            Notwithstanding detail shown – no approval of indicative residential masterplan.

5.            Submission of Landscape Design principles

6.            Submission of Landscape framework

7.            Submission of Landscape and ecological management plan

8.            Retention of trees and hedgerows

9.            Submission of Arboricultural Impact Assessment

10.       Submission of Arboricultural Method Statement

11.       Submission of Comprehensive tree protection measures

12.       Submission of assessments under the Hedgerow Regulations with each reserved matters application, for any hedgerows to be removed as part of that phase of development.

13.       Submission of topographical survey as part of reserved matters.

14.       Use of farmhouse as site office

15.       geophysical survey in order to establish the need,  ...  view the full minutes text for item 141.

Note: Prior to consideration of this application, the meeting was adjourned for a short break.

Note: Councillor A Kolker (Ward Councillor), Parish Councillor Scragg (on behalf of Moston Parish Council), Mr Fowler (objector) and Mr Boswell (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.

RESOLVED – That, contrary to the planning officer’s recommendation for approval, the application be REFUSED for the following reason:

The scale of the development to which this application relates is inappropriate in this location within an area of predominantly open rural countryside and as such is contrary to criterion (iii) of the Local Plan Policy H8, in particular the extension of the site further westwards and the parking area would have a detrimental effect upon the character and appearance of the surrounding locality contrary to Policies GR1 & GR2 of the adopted Congleton Borough Local Plan First Review.

Note: During consideration of this item, Councillor P Edwards left the meeting and did not return.

Note: Following consideration of this item, Councillor W Livesley left the meeting and did not return.

Note: Prior to consideration of this application, the meeting was adjourned for a short break.

Note: Having declared a personal and prejudicial interest in this application, Councillor S Wilkinson withdrew from the meeting during consideration of this item.

Note: Councillor Miss C M Andrew (Ward Councillor), Ms A Freeman (objector, Emery Planning) and Mr Bower (agent on behalf of the applicant, Hanson UK) attended the meeting and addressed the Committee on this matter.

The Board considered a report regarding the above planning application and an oral update by the Principal Planning Officer.

RESOLVED – That the application be APPROVED subject to entering into a deed of variation to update the existing Section 106 agreement and entering into further agreement to secure an additional 10 year aftercare scheme beyond the five years required by condition

and the following conditions:

1. The replication where relevant of the existing 68 conditions attached to the current permission for the quarry that deal with:

Duration of working

Hours of working

Traffic

Method of working

Plant and machinery

Noise

Dust

Drainage

Pollution control

Archaeology

Site maintenance

Soil stripping and storage

Restoration

Aftercare

Plus additional conditions:

2. No working within 30 metres of badger setts

3. Additional badger survey in advance of working

4. Protection of breeding birds

5. Provision of barn owl boxes

6. Submission of detailed landscaping plan

7. Submission of a habitat and management plan

8. Submission of a proposed scheme for enhanced public access in the vicinity of the extension

9. Submission of details of a Liaison Committee to be agreed by LPA, which shall operate prior to the commencement of development until the Quarry is fully restored, unless otherwise agreed

Note: Following consideration of this item, Councillors A Arnold and C Thorley left the meeting and did not return.

To consider a report on the Planning Protocol.

The Board considered a joint report of the Monitoring Officer and the Head of Planning and Housing regarding an updated Planning Protocol, which had been drafted by a sub-committee of the Constitution Committee.

RESOLVED – That it be recommended to the Standards Committee and the Constitution Committee that the amended Planning Protocol be adopted and included in the Consitution.