Agenda and minutes

To receive apologies for absence.

Apologies were received from Councillors S Davies, C Naismith, S Pochin and L Smith.  Councillors S Akers Smith, J Clowes and S Hogben attended as substitutes.

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.

In relation to planning application Councillor J Clowes declared that she had called in the application and that she would speak as the ward councillor and then leave the meeting and take no part in the debate or vote on the application.

In relation to applications 21/6113C and 21/4382N Councillor S Hogben declared that he as a Director of ANSA who were consultees on these applications. 

In relation to application 21/4382N Councillor S Hogben declared that he had discussed the application with an objector but he had not predetermined the application.

In relation to application 21/4382N Councillor J Bratherton declared that she submitted a response to the original application in January 202. The application being considered by the committee was different and had she taken advice of the legal officer who had assured her she could take part in the consideration of the application.

To approve the minutes of the meeting held on 31 August 2022.

RESOLVED:

That the minutes of the meeting held on 31 August 2022 be approved as a correct record.

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 Planning Committee

·                The relevant Town/Parish Council

A total period of 3 minutes is allocated for each of the planning applications for the following:

·                Members who are not members of the planning committee and are not the Ward Member

·                Objectors

·                Supporters

·                Applicants

The public speaking procedure was noted.

To consider the above application.

Consideration was given to the above planning application.

The following attended the meeting and spoke on the application:

Mr David Sandiford (objector), Ms Sophie Parker (applicant) and Mr Paul Watson (agent).

A written statement was read out on behalf of Councillor Rachel Bailey, Ward Councillor.

RESOLVED:

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  External lighting to be approved

4  2 events per week each limited to a maximum of 60 guests

5  Hours of operation – 08.00 hours until Midnight

6  Deliveries to premise between – 8.00 hours and 18.00 hours

7  Events to take place within the house only

8  No fireworks or outdoor music

9  Details of parking areas

10  Ecological enhancement strategy

11  No bass sound units to be used within the development

12 Details of the proposed sound system, with maximum noise levels to be submitted. Development to be carried out and only operated with the approved sound system.

To consider the above application.

Consideration was given to the above planning application.

The following attended the meeting and spoke on the application:

Councillor Steven Edgar (ward councillor), Haslington Parish Councillor Howard Blake, Alsager Town Councillor Michael Unett, Councillor Phil Williams (neighbour ward councillor), Mr Philip Swan (objector) and Mr Darren Muir (agent).

RESOLVED:

That the application be REFUSED for the following reasons:

1     The proposed development does not provide the required level of on site Public Open Space to create a sustainable development. The proposed development is contrary to Policy SE6 of the Cheshire East Local Plan Strategy.

2     The proposed development includes a number of 2.5 storey units and this creates an urban feel to an edge of settlement site. Furthermore, the development appears cramped and some of the proposed dwellings have insufficient private amenity space. The proposed development is contrary to Policies SE1, SD1 and SD2 of the Cheshire East Local Plan Strategy, GEN1 of the Site Allocations and Development Plan Document and the NPPF.

If the application is the subject of an appeal, approval is given to enter into a S106 Agreement with the following Heads of Terms:

(This decision was contrary to the report recommendation)

The meeting adjourned for 10 minutes. 

Councillors P Butterill and D Marren left the meeting and did not return.

To consider the above application.

Consideration was given to the above planning application.

The following attended the meeting and spoke on the application:

Councillor Hazel Faddes (ward councillor), Councillor Steven Edgar (neighbouring ward councillor), Ms Karen Maher (objector) and Victoria Welsh (agent).

Councillor J Bratherton left the meeting during consideration of the application and did not return.

RESOLVED:

That for the reasons set out in the report and update report the application be APPROVED, subject to a S106 Agreement to secure:

And the following conditions:

1  Standard Time

2  Approved Plans

3  Materials

4  Surfacing materials

5  Revised landscape scheme with a 10 year management plan – to include planting to the boundaries with 310 Sydney Road and the dwellings fronting Bentley Drive

6  Landscape Implementation

7  Landscape plan to include details for LEAP play facility and community orchard

8  Boundary Treatment

9  Tree Protection scheme and special construction measures

10  Levels survey

11  Service/drainage layout

12  Biodiversity enhancement features

13  Safeguard Nesting Birds

14  Lighting strategy – prior to occupation

15  Details of secure and covered cycle parking – prior to occupation

16  Drainage scheme

17  Detailed strategy/design limiting the surface water runoff generated by the proposal, and associated management/maintenance plan – required prior to commencement

18  Levels Details

19  Foul and surface water to be drained separately

20  Contaminated Land – Phase II report and remediation scheme

21  Contaminated Land – verification report to be submitted

22  Contaminate Land – Soil Importation

23  Contaminate Lane – Unexpected Contamination

24  Travel Information Pack

25  Prior to occupation – EVI

26  Prior to occupation – Low emission boilers

27  Removal of PD

28  Zebra Crossing to be implemented prior to first occupation of the site

29  Habitat Creation and 30 year management plan

30  Cycle Parking details

31  20mph speed limit signage

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

If the application is subject to an appeal approval is given to enter into a S106 Agreement with the  ...  view the full minutes text for item 36.

To consider the above application.

Consideration was given to the above planning application.

The following attended the meeting and spoke on the application:

Councillor Steven Edgar (ward councillor) and Ms Victoria Welsh (agent).

Councillor S Hogben left the meeting during consideration of this application and did not return.

RESOLVED:

That the application be REFUSED for the following reasons:

1  the proposed development by reason of its height, scale and bulk would result in a development that would appear incongruous and jarring within the context of the wider two-storey development.  Furthermore, the dense form of development which would be car-dominated with a lack of soft landscaping and amenity space for the future occupiers is due to an over-development of the site.  The proposed development is a poor design that fails to take the opportunities available for improving the character and quality of the area and the way it functions.  The proposed development is contrary to Policies SE1, SD1, SD2 AND SE4 of the Cheshire East Local Plan Strategy, GEN1 AND ENV5 of the Site Allocation and Development Policies Document, The Cheshire East Design Guide and the NPPF.

2  insufficient information has been provided to demonstrate that the proposed development would provide 30% affordable housing on site or a contribution in-lieu of affordable housing.  As a result, the proposed development would not represent sustainable development and is contrary to Policy SC5 and IN2 of the Cheshire East Local Plan Strategy, the Housing Supplementary Planning Document and the NPPF.

3  Insufficient information has been provided in terms of the Finished Floor Levels of the proposed development together with a cross section for the adjacent drainage basin.  As a result, it is not clear whether the development will be the subject of flood risk.  The proposed development is contrary to Policy SE13 of the Cheshire East Local Plan Strategy, EN16 of the Site Allocations and Development Policies Document, Policy NE.20 of the Crewe and Nantwich Local Plan and the NPPF.

In order to give proper effect to the Southern Planning Committee’s intent and without changing the substance of its decision, authority is delegated to the Planning and Enforcement Manager in consultation with the Chair (or in their absence the Vice Chair) to correct any technical slip or omission in the resolution, before issue of the decision notice.

To consider the above application.

Consideration was given to the above application.

The following attended the meeting and spoke on the application:

Aston and Moreton Parish Councillor Nick Sharman and Mr Henry Brown (agent).

RESOLVED:

That the application be REFUSED for the following reasons:

1  the proposed development is located within the Green Belt and in the opinion of the Local Planning Authority the proposed development does not preserve the openness of the Green Belt. No very special circumstances have been identified and planning permission should not be granted.  The proposed development is therefore unacceptable in principle and conflicts with the NPPF, Cheshire East Local Plan Strategy Policy PG3 and saved Congleton Local Plan Policy PS7.

2  the application site is located within the open countryside/green belt.  There are open views across the site from the highway network and public rights of way crossing the site.  The development will result in an urban form of development which would be visible from the most sensitive receptors.  Insufficient information has been submitted to enable a consideration of the landscape impact and limited landscape mitigation has been provided.  The proposed development is contrary of Policies SD1, SD2 AND SE4 of the Cheshire East Local Plan Strategy, and P13 and P26 of the Astbury and Moreton Neighbourhood Plan and the NPPF.

3  There are a number of mature trees within the site.  The application does not include an arboricultural impact assessment/topographic survey.  In this respect the submission does not accord with BS5837:2012 Trees in relation to design, demolition and construction – Recommendations.  Based on the information provided it is not possible to determine whether the proposed development could be accommodated on site whilst retaining the trees and hedgerows.  There is insufficient information contained within this application and proposed development would not comply with Policy SE5 of the Cheshire East Local Plan Strategy, and P12 of the Astbury and Moreton Neighbourhood Plan and the NPPF.

4  The proposed development would result in less than substantial harm and fails to conserve or enhance the Conservation Area. The benefits of this scheme would not outweigh the identified harm. The proposed development fails to take the opportunities available for improving the character and quality of the area and is contrary to Policies SD1, SD2, SE1 and SE7 of the Cheshire East Local Plan Strategy, Policy BH9 of the Congleton Borough Local Plan, HER1 and HER3 of the Site Allocations and Development Plan Document, Policy P18 of the Astbury and Moreton Neighbourhood Plan and guidance contained within the NPPF.

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

To consider the above application.

Consideration was given to the above application.

The following attended the meeting and spoke on the application:

Councillor Janet Clowes (ward councillor) and Mr Bob Doughty (agent).

RESOLVED:

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

1  Standard Time Limit (Outline)

2  Submission of Reserved Matters

3  Reserved Matters application to be made within 3 years

4  Approved Plans

5  Boundary Treatment

6  Implementation of landscaping

7  Updated Bat survey

8  Ecological Enhancement Strategy to be submitted

9  Drainage strategy to be submitted and approved

10  Levels to be submitted and approved

11  Land contamination – submission of risk assessment and remediation strategy if necessary

12  Land contamination – Verification report

13  Land contamination – Unexpected

14  Land contamination – Importation of soil

15  Tree protection scheme to be submitted

16  Tree and hedge retention

17  Electric vehicle charging infrastructure

18  Bin Storage to be provided prior to first occupation

19  Driveway widening details

In order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority is delegated to the Head of Planning (Regulation), in consultation with the Chair (or in his absence the Vice Chair) of Southern Planning Committee, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.