Agenda and minutes

To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests and for Members to declare if they have pre-determined any item on the agenda.

Councillor B H Dykes declared a personal and prejudicial interest in Planning Application No. 09/2035N on the basis that he had called-in the application and, as a Member of Bunbury Parish Council had been present at the Parish Council meeting when the application had been discussed.  He declared a personal and prejudicial interest in agenda item 17 (Report in relation to variation of Section 106 Agreement for affordable housing units provided under planning permissions P05/0703 and P06/1125 – Moseley House, Audlem for Wulvern Housing, on the basis that he was a member of the Wulvern Housing Board.

Councillor W T Beard declared a personal interest in Planning Application No. 09/2053N on the basis that he was acquainted with the applicant; and a  personal and prejudicial interest in agenda item 17 on the basis that he was a member of the Wulvern Housing Board.

Councillor R Walker declared a personal interest in Planning Application No. 09/1853N on the basis that he had called-in the application and had been in receipt of correspondence in respect of the application.  

Councillor J Jones declared a personal interest in Planning Application No. 09/1255N on the basis that a friend of his lived in the immediate vicinity of the premises’ address.

Councillor A Moran (non-Committee Member) declared a personal interest in Planning Application No. 09/1255N as a Member of Nantwich Town Council which had been consulted on the application.

Councillor A Thwaite (non-Committee Member) declared a personal and prejudicial interest in Planning Application No. 09/0509C on the basis of a long-standing business relationship which related to the former use of the premises.

To approve the minutes of the meeting held on 5 August 2009.

RESOLVED:  That the minutes of the meeting held on 5^th August 2009 be approved as a correct record and signed by the Chairman.

To consider the above planning application.

(Note: Councillor A Moran, Ward Councillor, addressed the Committee on this planning application.)

The Committee considered a report in respect of Planning Application No. 09/1255N.

RESOLVED - That the application be REFUSED for the following reasons:

1                    Over-cramming of dwellings

2                    Plot of insufficient size for the dwelling

3                    Larger dwelling than approved at outline stage

4                    Contrary to Policy BE2

To consider the above planning application.

(Note: Mrs R Pickles made representations in respect of this planning application.)

The Committee considered a report in respect of Planning Application No. 09/0509C.

RESOLVED – That the application be DEFERRED to the September meeting of the Committee –

1                    For consideration of additional information in respect of the application

2                    To enable an assessment of the EC Habitats Directive to be undertaken

To consider the above planning application.

(Note :  Mr M Yardy (objector) spoke against the planning application.)

The Committee considered a report in respect of Planning Application No. 09/0589N.

RESOLVED – That the application be APPROVED subject to the following conditions:

1                    Standard

2                    Materials

3                    Surfacing materials

4                    Car parking provision

5                    Cycle parking provision

6                    Access gates set back

7                    Vehicle turning area

8                    Boundary  treatment

9                    No external speakers

10               Approved plans

11               Mosque use only;  no other use in Class D1

To consider the above planning application.

The Committee considered a report in respect of Planning Application No. 09/0819N).

RESOLVED – that the application be DEFERRED for a site visit and consideration of agricultural assessment.

To consider the above planning application.

(Notes: (a) Councillor A Thwaite, Ward Councillor, spoke on this planning application; and

(b) Mr T Dean, Gladman Care Homes Ltd. spoke in support of the application.)

The Committee considered a report in respect of Planning Application No. 09/1127C.

RESOLVED – That the application be DEFERRED to the September meeting of the Committee to enable Officers to consider additional information and to conduct further ecological surveys.

To consider the above planning application.

The Committee considered a report in respect of Planning Application No. 09/1586N.

RESOLVED – That the Head of Planning and Policy be granted delegated authority to APPROVE the application, (a) subject to the conditions listed below; (b) the satisfactory outcome of surveys by Cheshire East Council’s Ecologist; and (c) if any issues were raised, the application be re-submitted to the September meeting of the Committee for determination.

1          Standard

2          Plans

3          Materials

4          Landscaping scheme

5          Implementation of landscaping (including replacements for 5 years and           management method statement)

6          Arboricultural Method Statement to include, inter alia, details of tree and hedge protection scheme and details of construction of access road and hard-standing under trees

7          Access road and parking spaces to car park boundaries adjacent to   trees to have permeable surface

8          Implementation of tree and hedge protection

9          Travel plan

10        Provision of car parking

11        Scheme for surface water regulation system including interceptors

12        Scheme for management of overland flow

13        Site to be drained on a separate system with only foul drainage            connected into foul sewer

14        Acoustic attenuation of ancillary mounted equipment

15        Lighting diagrams

16        Hours of operation for all-weather pitch shall be restricted to 8 am –

            10 pm Monday to Friday and 9 am to 6 pm Saturday, Sunday and Bank          Holidays

17        Boundary treatment – to include provision of gates at each end of the proposed acoustic fence

18        Scheme of sustainable measures to be submitted and approved

19        Scheme of construction waste recycling to be submitted and approved

20        Provision of cycle storage and showers

21        Improvement works to be carried out to the network of paths to the rear           of the site and the Macon Way Puffin Crossing

To consider the above planning application.

(Notes:  (a) Councillor A Thwaite, Ward Councillor, addressed the Committee on the application;

(b) Councillor A Barratt (non-Committee Member) spoke on the application; and

(c) Mr R Spruce, Picea Design Ltd, spoke in support of the application.)

The Committee considered a report in respect of Planning Application No. 09/1664C.

RESOLVED – That the application be DEFERRED for a site visit.

To consider the above planning application.

(Notes:  (a) Councillor A Thwaite, Ward Councillor, addressed the Committee on this application;

(b) Councillor A Barratt (non-Committee Member) spoke on the application; and

(c) Mr R Spruce, Picea Design Ltd, spoke in support of the application.)

The Committee considered a report in respect of Planning Application No. 09/1665C.

RESOLVED – That the application be DEFERRED for a site visit.

To consider the above planning application.

(Note:  Mr I Pick, the applicant’s agent, spoke in support of the application.)

The Committee considered a report in respect of Planning Application No. 09/1853N.

RESOLVED – That delegated authority be granted to the Head of Planning and Policy to approve the application with the following conditions, subject to  further consideration of any late representations which may be received -

1                    Standard time

2                    Materials to be submitted and approved

3                    Plans

4                    Drainage details to be submitted and approved

5                    Landscaping scheme

6                    Implementation and maintenance of landscaping

7                    A scheme of access and visibility improvements

8                    Development to comply with the recommendations contained within the protected species survey

9                    Works to stop if protected species found

10               Manure to be removed from the site

11               Details of lighting to be submitted for approval and no further lighting without the prior submission and approval of a planning application

12               Provision of waste water tank

13               No obstruction of public right of way

To consider the above planning application.

(Notes: (a) Having declared a personal and prejudicial interest in this item, Councillor B H Dykes withdrew from the meeting and Councillor G Merry assumed the Chair;

(b) Mr N Dyer (representing Bunbury Parish Council) addressed the Committee on the application;

(c) Mr R Goodyer (objector) spoke against the application; and

(d) Mr N Thorns, Nigel Thorns Planning Consultancy, spoke in support of the application.)

RESOLVED – That the application be APPROVED subject to the completion of a S.106 Agreement to secure the development as affordable housing for social rent, in perpetuity, and the following conditions:

1                    Standard time limit

2                    Materials to be submitted and approved

3                    Surfacing materials to be submitted and approved

4                    Tree retention and protection

5                    Drainage to be submitted and approved

6                    Landscaping to be submitted and approved including the planting of seven trees to the Northern and Western boundaries

7                    Landscaping to be implemented

8                    Removal of permitted development rights

9                    Bin storage details to be submitted and approved

10               Boundary treatment

11               Window reveal

12               Approved plans

13               Car parking provision to be provided prior to occupation

14               Scheme for management and retention of boundary hedgerows

15               Prior to the commencement of development details of solar panels to be submitted and approved

16               Contaminated land

17               Vegetation to be removed outside the bird-nesting season March and August

18               Loose rubble in the yard to be removed between March and October

19               Land levels

20               No obstruction of adjacent right of way

To consider alterations to the Section 106 Agreement for the provision of four shared ownership flats as affordable housing at the site formerly known as Canalside Yard, Audlem and now known as Moseley House, Kingbur Place, Audlem.

(Notes: (a) Councillor B H Dykes, having declared a personal and prejudicial interest in this item, had withdrawn prior to discussion of the item.  Councillor G Merry had assumed the Chair;

(b) Councillor W T Beard, having declared a personal and prejudicial interest in this item, withdrew from the meeting during discussion and voting;

(c) Mr D Beardmore, Company Secretary – Wulvern Housing Ltd,  spoke in support of the application.)

The Committee considered the report of the Head of Planning and Policy which sought approval for alterations to (1) the definition of affordable housing and (2) the Management Covenant in Schedule 2 of the Section 106 Agreement for the provision of four shared-owernship flats as affordable housing at the site formerly known as “Canalside Yard, Audlem” and now known as “Moseley House, Kingbur Place, Audlem”.  The effect of the variations would be to allow residents to occupy the units for rent now, with a view to occupying the flats on a shared-ownership basis in the future.

RESOLVED – That the variations to the Section 106 Agreement as set out below be approved –

(a)               The definition of “affordable housing” be extended to include the words in italics as follows –

“Affordable Housing means subsidised housing accommodation that is accessible to Persons in Housing Need and shall include accommodation provided at an intermediate rent under the “Rent to Homebuy Scheme” and Affordable shall be construed accordingly. Intermediate Rent means a rent that is equivalent ot 80% of the market rent achievable on the property.”

(b)               The Management Covenants in Schedule 2 to include the words in italics as follows –

1. “Managed at all times by an Affordable Housing Provider as Landlord in accordance with the terms and conditions of its usual and normal shared ownership lease or rental agreement of the type and style recommended and approved by the Housing Corporation including an assured shorthold tenancy in the case of accommodation provided under the “rent to Homebuy Scheme” AND IF SECURED WITHOUT PUBLIC SUBSIDY….”

To consider the above planning application.

(Note: Councillor B H Dykes re-joined the meeting at this point in the proceedings and resumed the Chair.)

The Committee considered a report in respect of Planning Application No. 09/2043C.

RESOLVED – That the application be DEFERRED to the September meeting of the Committee to enable revised plans to be submitted and for neighbour consultation.

To consider the above planning application.

(Note: Mr K Burton (the applicant) and Mr M W Houlston, spoke in support of the application.)

RESOLVED: That the application be REFUSED on the following grounds –

The position, scale and design of the proposed extension, when taken cumulatively with the existing alterations and extensions, will over-dominate the original dwelling to the detriment of its character and appearance and also the openness of the countryside, contrary to Policy RES.11 (Improvements and Alterations to Existing Dwellings) of the Borough of Crewe and Nantwich Replacement Local Plan 2011.