Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors J Jackson, J Macrae, S Pochin and M Sewart.

In the interest of openness in respect of application 17/5898C, Councillor L Smetham declared that she was a member of the Cheshire Wildlife Trust who had been a consultee.

In the interest of openness in respect of application 17/5898C, Councillor J Hammond declared that he was a member of the Cheshire Wildlife Trust who had been a consultee, however he had no involvement in the application nor discussed it.

In the interest of openness in respect of application 18/0902C, Councillor J Hammond declared that he was a Director of ANSA who had been a consultee, however he had not made any comments nor discussed the application.

In the interest of openness in respect of application 17/5898C, Councillor L Wardlaw declared that she was a member of Congleton Town Council, however she had not been involved in any discussions nor had she been present when the Town Council considered the application.

In the interest of openness in respect of application 18/0902C, Councillor S Hogben declared that he was a Director of ANSA who had been a consultee, however he had not made any comments nor discussed the application.

In the interest of openness, Councillor D Hough declared that he was a Director of TSS who organised bus routes, however he had not discussed bus routes with anyone.

In the interest of openness in respect of application 18/0902C, Councillor G Merry declared that she was a member of Sandbach Town Council and that she had not made any comments in respect of the application.

To approve the minutes of the meeting held on 25 April 2018 as a correct record.

RESOLVED

That the minutes of the meeting held on 25 April 2018 be approved as a correct record and signed by the Chairman.

A total period of 5 minutes is allocated for each of the planning applications for the following:

·         Ward Councillors who are not members of the Strategic Planning Board

·         The relevant Town/Parish Council

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

·         Members who are not members of the Strategic Planning Board and are not the Ward Member

·         Objectors

·         Supporters

·         Applicants

RESOLVED

That the public speaking procedure be noted.

To consider the above application.

Consideration was given to the above application.

(Town Councillor Amanda Martin, representing Congleton Town Council and

Ben Pycroft, agent for the applicant attended the meeting and spoke in respect of the application).

RESOLVED

That for the reasons set out in the report the application be approved subject to a 21 day notification period to the University of Manchester (Jodrell Bank) of the intention to grant planning permission and subject to the completion of a Section 106 Agreement securing the following Heads of Terms:-

•           30% affordable units (13 total) in the 65% (intermediate):35% (affordable rent) split

•           £10,000 off-site contribution for highway works on Forge Lane (Quiet Lane) - figure to be adjusted for inflation (from January 2015) to be paid within 28 days of grant of permission

•           £10,000 highways contribution to fund TRO to Forge Lane - figure to be adjusted for inflation (from January 2015) to be paid within 28 days  grant of permission

•           Cheshire Wildlife Trust to be sold land to rear (for £1) of built area and provided with management and maintenance fee of £88,000 - full fee to be lodged with the Planning Authority prior to 1st occupation of the site, Cascade provision to allow Council to consider whether it wishes to take ownership of land in event that CWT no longer wishes to be involved. Reversion to Private Management only if Council does not wish to take ownership

•           Link through site from Congleton Link Road to Forge Lane to be safeguarded. Council to be allowed on to site to form link. Minimum period of 10 years set aside to allow Council to provide the link

•           Ecological mitigation payment of £7,905.00 - figure to be adjusted for inflation (from January 2015) to be paid within 28 days  grant of permission

•           Private management company to maintain all areas of public open space/LEAP and all other defined areas(including 10 m zone to rear of all houses adjacent to woodland) not within the management of Cheshire Wildlife Trust, children's play space in perpetuity in accordance with management scheme.  Submission of a scheme for the maintenance of the land to be transferred to CWT and the implementation of the management scheme by the management company should that transfer not occur.

And subject to the following conditions;

1.         Plans

2.         Materials as submitted

3.         Details of electricity substation/pumping station and associated structure to be submitted/approved

4.         Submission and approval of land Verification report/  no occupation

5.         no development on undeveloped areas until remediation strategy submitted /approved

6.         Unforeseen contamination

7.         Garden soil testing for contamination prior to implementation

8.         Compliance with scheme for disposal of foul and surface water as previous scheme

9.         Finished floor levels/road levels  minimum as per previous approval

10.       Forge Lane improvements compliance

11.       Compliance with archaeology report

12.       Construction and Environmental Management Plan, inc wheel washing –/approval; piling, dust control - compliance with  info   submitted and approved

13.       Approved landscaping implementation

14.       compliance with ecological buffer zone as required by  ...  view the full minutes text for item 5.

To consider the above application.

Consideration was given to the above application.

(Councillor B Moran, the Ward Councillor, Town Councillor Mike Benson, representing Sandbach Town Council and Steve Buckley, an objector 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 unaceptable because it is located within the Open Countryside, contrary to Policies PC3 and H1 of the Sandbach Neighbourhood Plan, PS8 (Open Countryside) and H6 (Housing in Open Countryside) of the Congleton Borough Local Plan, Policies PG2 and PG6 of the Cheshire East Local Plan Strategy and the principles of the National Planning Policy Framework and create harm to interests of acknowledged importance. Consequently, there are no material circumstances to indicate that permission should be granted contrary to the development plan.

2.         The Local Planning Authority considers that there is insufficient information included within this application to determine the impact of the proposed development upon the local highway network. The submitted application relies on information from 2016 and there has been increased queues and usage on the local road network which should be considered. As a result the proposed development is contrary to Policies CO4 of the CELPS, Policy GR18 of the Congleton Local Plan and IFT1 of the SNP and guidance contained within the NPPF.

3.         The proposed development would result in the loss of BMV Agricultural Land. It is considered that the development is unsustainable because of the unacceptable environmental and economic impact of the scheme in terms of loss of best and most versatile agricultural land. As such the proposal is contrary to Policies SD1, SD2 and SE 2 of the Cheshire East Local Plan Strategy and the provisions of the NPPF.

In order to give proper effect to the Board`s intent and without changing the substance of its decision, authority is delegated to the Head of Planning (Regulation) in consultation with the Chairman (or in their absence the Vice Chairman) to correct any technical slip or omission in the resolution, before issue of the decision notice.

Should the application be subject to an appeal, the following Heads of Terms should be secured as part of any S106 Agreement:-

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

- 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  ...  view the full minutes text for item 6.

To consider the above report.

Consideration was given to the above report.

Members made comments/raised questions in respect of affordable housing, auditing of viability assessments, submission of viability assessments to the Strategic Planning Board, progression with viability checklists, whether or not the Local Plan could deliver a mix of affordable housing, delays in producing the information contained within the report to Members and whether or not Officers were aware of changes to policies when writing reports.

RESOLVED

That the content and conclusions of the report be noted.

(During consideration of the item, Councillor L Durham left the meeting and did not return.  Councillor N Mannion left the meeting and returned).