Agenda and minutes

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests and for Members to declare if they have pre-determined any item on the agenda.

The following declarations were made in the interests of openness:

With regard to application number 17/6233C, Councillor B Walmsley declared that she was a member of Middlewich Town Council but that she had not taken part when the application was discussed.  There had been a lot of interest in Middlewich and she had been approached by members of the public, including one of the speakers at today’s meeting, but she had not discussed the application with them.  Some time ago, she had been approached by the developer as part of the Neighbourhood Plan Steering Group.  The plans had changed dramatically since then and there had been no recent contact, so she had not discussed her views.  Councillor Walmsley stated that she retained an open mind and would assess the application on its planning merits.

All Members of the Committee declared that they had received correspondence with regard to application number 18/4879N.

To approve the minutes of the meeting held on 6 February 2019.

RESOLVED – That the minutes of the meeting held on 6 February 2019 be approved as a correct record and signed by the Chairman, subject to an amendment to delete the second reason for the deferral of application number 18/2413C (Land adjoining Meadowview Park, Dragons Lane, Moston).

To consider the above planning application.

Note: Councillor Suzanne Brookfield (Ward Councillor), Fiona Ker and Lee Faulkner (objectors), and Keith McKinney and Mel Kenyon (on behalf of the applicant) attended the meeting and addressed the Committee on this matter.

The Committee considered a report regarding the above planning application.

RESOLVED

(a) That, contrary to the planning officer’s recommendation for approval, the application be REFUSED for the following reasons:

1.      The suggested conditions 1 & 4 are not precise/enforceable in the context of the submitted Noise Management Plan.

2.      The proposed change in use from B8 to B2 is contrary to Policy EG2 of the Cheshire East Local Plan.

3.      Adverse impact on an existing rural business (the livery to the north of the site).

(b) That, in order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority be delegated to the Head of Planning (Regulation), in consultation with the Chairman (or in his absence the Vice Chairman) of Southern Planning Committee, to correct any technical slip or omission in the wording of the resolution, before issue of the decision notice.

To consider the above planning application.

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

Note: Councillor Michael Parsons (Ward Councillor), Jill Ikin (supporter) and James Berggren (on behalf of the applicant) attended the meeting and addressed the Committee on this matter.

The Committee considered a report regarding the above planning application and an oral report of the site inspection.

RESOLVED – That the application be DEFERRED for the following:

-        Clarification on deliveries to the retail units

-        Clarification on bin storage to the retail units

-        Clarification on the lift provision within the development

-        Clarification on whether the affordable provision could be provided on site rather than an off-site contribution

-        Consultation with the Fire Service regarding the mobility scooter storage

-        Details of how refuse collection is managed on Wheelock Street

-        Details of cycle storage on the housing development

-        Does the viability comply with the revised the NPPF

-        Strategic Highways Manager to address parking in the area

-        Submission of an open space scheme

-        Information on the size of the gardens (including plots 32-35)

To consider the above planning application.

Note: Councillor M Deakin left the meeting prior to consideration of this application.

Note: Prior to consideration of this application, the meeting was adjourned for refreshments.

Note: Alastair Skelton attended the meeting and addressed the Committee on behalf of the applicant.

The Committee considered a report regarding the above planning application and an oral report of the site inspection.

RESOLVED

(a) That, for the reasons set out in the report, the application be APPROVED subject to the completion of a S106 Agreement to secure:

and the following conditions:

1.            Time Limit (Outline)

2.            Submission of reserved matters (landscaping to include native hedgerows to eastern boundary)

3.            Reserved Matters application made within 3 years

4.            Development in accordance with approved plans

5.            Prior submission/approval of levels

6.            Reserved Matters scheme should be supported by an updated AIA/Tree Protection Scheme in accordance with BS 5837

7.            Retention of existing hedgerow (Ecology)

8.            Nesting birds

9.            Prior submission of an ecological enhancement strategy

10.         Prior submission/approval of the LPA for external lighting

11.         Prior submission/approval of a piling method statement

12.         Prior submission/approval of an Environmental Management Plan (EMP)

13.         Prior submission/approval of a residents travel information pack

14.         Provision of electric vehicle charging infrastructure

15.         Prior submission/approval that any gas boiler installations proposed are to a certain emission standard

16.         Prior submission/approval of a phase 1 contaminated land report

17.         Submission/approval of a verification report

18.         Submission/approval of a soil verification report

19.         works to stop if contamination is identified

20.         Prior submission of a surface water drainage scheme and associated    management and maintenance plan

21.         Implementation of Flood Risk Assessment

22.         Prior submission/approval of a PROW Scheme of Management

23.         Line of PROW shall be marked out on development site prior to commencement of development

24.         Prior submission/approval of a Construction Management Plan

(b) That, in order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority be delegated to the Head of Planning (Regulation), in consultation with the Chairman (or in his absence the Vice Chairman) of Southern Planning Committee, to correct any technical slip or omission in the wording of the resolution, before issue of the decision notice.

(c) That, should this application be subject to an appeal, approval be given to enter into a S106 Agreement with the following Heads of Terms:

To consider the above planning application.

Note: Councillor S Pochin left the meeting prior to consideration of this application.

Note: Ian Pick attended the meeting and addressed the Committee on behalf of the applicant.

The Committee considered a report regarding the above planning application.

RESOLVED

(a)  That, for the reasons set out in the report, the application be APPROVED subject to the following conditions:

1.    Time (3 years)

2.    Plans

3.    Materials as per application

4.    Development in accordance with EIA

5.    Submission of landscape scheme with amendments

6.    Implementation of landscape scheme

7.    Tree protection

8.    Scheme for management of spoil

9.    Ecology condition- upgrading of existing units

10. Implementation of drainage proposals

11. Further agreement of drainage works close to retained trees

(b) That, in order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority be delegated to the Head of Planning (Regulation), in consultation with the Chairman (or in his absence the Vice Chairman) of Southern Planning Committee, to correct any technical slip or omission in the wording of the resolution, before issue of the decision notice.

To consider the above planning application.

The Chairman reported that this application had been withdrawn prior to the meeting.

To consider the above report.

The Committee considered a report regarding planning application 18/1250N.

At its meeting on 8 August 2018, the Committee had resolved to refuse the application and had approved Heads of Terms for a S106 Agreement, in the event that the application was subject to an appeal.

RESOLVED

(a)    That the forthcoming appeal be defended in relation to reasons for refusal 1, 2, 3 and 5, as existing.

(b)    That reason for refusal 4 be not contested on the basis of the proposed affordable housing provision.

To consider a report regarding the outcome of Planning Appeals decided between 1 July 2018 and 31 December 2018.

The Committee considered a report regarding the outcome of Planning Appeals decided between 1 July 2018 and 31 December 2018.

RESOLVED – That the report be noted.