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 S McGrory declared that, with respect to application number 09/0809C, he had been involved in discussions regarding previous planning applications for the site but had expressed no opinion with respect to the current application.

Councillor T Beard declared a personal interest in respect of application number 09/1325N on the grounds that he had been appointed as a Cheshire East Council representative on the Board of Wulvern Housing.  In accordance with the code of conduct, he remained in the meeting during consideration of this item.

Councillor B Dykes declared a personal interest in respect of application number 09/1325N on the grounds that he had been appointed as a Cheshire East Council representative on the Board of Wulvern Housing.  In accordance with the code of conduct, he remained in the meeting during consideration of this item.

All Members of the Committee declared that they had received correspondence in relation to application number 09/1598C.

Councillor L Gilbert declared that he had called in application number 09/1598C at the request of Twemlow Parish Council, but that he had not expressed an opinion and had not fettered his discretion.

To approve the minutes of the meeting held on 24 June 2009.

RESOLVED – That the minutes of the meeting held on 24 June 2009 be approved as a correct record and signed by the Chairman.

To consider the above planning application.

Note: Mr J Scott (on behalf of the local residents group), Mrs A McCall (supporter) and Mr W Booker, Singleton Clamp & Partners, (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 – That the application be REFUSED for the following reason:

The proposed development would be contrary to Policies GR1 (parts iv and v), GR9 (part ii) and GR18 of the Congleton Borough Local Plan 2005 due to its unacceptable accessibility and traffic generation, and failure to ensure adequate and safe provision for access and egress for vehicles. 

Note:  Following consideration of this application, the meeting was adjourned from 3.05 to 3.10pm to enable members of the public to leave.

To consider the above planning application.

Note: Mr G Evans (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 – That the application be DEFERRED for a Committee site inspection so that Members can assess the impact of the proposed development on neighbouring residential amenities.

To consider the above planning application.

Note: Mr C Todd (on behalf of Willaston Parish Council), Mr W Blackburn (an objector) and Mr R Ashall, Ashall Town Planning, (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 – That the application be APPROVED subject to the following conditions:

1.              Materials to match existing dwelling

2.              Approved plans

To consider the above planning application.

Note: Mr A Sladen-Dean (an objector), Mr G Allen, Geoff Allen Associates, (on behalf of the applicant) and Mr G Pike, Alison Pike Architects & Designers, (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 – That the application be APPROVED subject to the prior completion of a Section 106 Agreement to secure the provision of 12 affordable units for rent and the provision of a commuted sums payment towards the enhancement of existing open space

and the following conditions:

1. Standard

2. Approved plans

3. Materials

4. Surfacing materials

5. No demolition during bird breeding season or site checked by ecologist

6. Access and car parking to be provided

7. Cycle rack details and to be provided

8. Solar panels to be provided and maintained and method statement

9. No subdivision of retail units

10. A1 shops only

11. Landscaping

12. Landscaping implementation

13. Boundary treatment

14. Waste management plan

15. Sustainable urban drainage measures

16. Noise attenuation

17. Lighting scheme

18. Finished floor levels

To consider the above planning application.

Note: Mr E Jones (an objector) and Mr S Short (the applicant) attended the meeting and addressed the Committee on this matter.

The Committee considered a report regarding the above planning application.

RESOLVED – That PRIOR APPROVAL is REQUIRED, but the details be APPROVED subject to the following conditions:

1.                             Standard – 3 years

2.                             Monopole and antenna to be brown in colour, equipment cabinet to be green

3.                             Development to be completed in accordance with the approved plans

To consider the above planning application.

The Committee considered a report regarding the above planning application.

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

1.      Standard Time Limit

2.      Materials to Match Existing Building

3.      Approved Plans

4.      Rear Fence to be Retained

To consider the above planning application.

Note: Mr C Hulley (an objector) and Mr Hindley (the applicant) attended the meeting and addressed the Committee on this matter.

The Committee considered a report regarding the above planning application.

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

1. Standard commencement condition
2. Development to accord with approved revised plans
3. Removal of permitted development rights Class A to C of Part 1 Schedule 2 of GPDO 1995.

4.      Limit hours of construction,

5.      Limit hours of piling

6.      Submission of samples of facing materials

7.      Standard contaminated land conditions

8.      Standard Tree Protection conditions

9.      Standard Landscaping conditions

To notify members of the result of the Judicial Review proceedings brought against the decision of Macclesfield Borough Council to grant planning permission for the development at Bryancliffe, Wilmslow Park South, Wilmslow.

The Committee considered a report which detailed the result of the Judicial Review proceedings brought against the decision of Macclesfield Borough Council to grant planning permission for the development at Bryancliffe, Wilmslow Park South, Wilmslow.

In February 2008, following completion of a section 106 agreement, Macclesfield Borough Council had granted planning permission for the demolition of the existing house and erection of 3 apartments with under croft parking on the site.

The legality of the decision to grant planning permission had been challenged on seven grounds and a hearing was held on 21 and 22 May 2009.  The judge had determined that the Judicial Review application should succeed and had quashed the planning permission, on the basis that he agreed with three of the grounds, these being:

• that the Committee Report did not deal with the European Community Habitats Directive on protected species in regard to the bat roost that had been identified on the site;

• that the Committee Report failed to say whether there was compliance with the policies in the Development Plan or not;

• that there was a failure of the Council to take account of applicable policies.

In order to ensure that such a challenge could not be made against any future decisions of Cheshire East Council, it was necessary to amend existing procedures and include in Committee reports more information relating to European Protected Species and more specific detail on compliance or otherwise with Development Plans.

RESOLVED

1 That the decision of the High Court be noted;

2 That it be noted that changes will be required in the processing of applications and content of reports as a result of the areas of challenge that were successful;

3 That it be noted that that the areas of unsuccessful challenge will be taken as the minimum level for processing and determining applications for Cheshire East.

Councillor B Dykes (Chairman)