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 Davies declared a personal interest in respect of application number 12/0267N, on the grounds that he knew one of the objectors.  In accordance with the code of conduct, he remained in the meeting during consideration of this item.

Councillor P Butterill declared a personal interest in respect of application numbers 12/0222N and 12/0392N, on the grounds that she was a member of Nantwich Town Council, which had been consulted on the proposed developments, and a member of Nantwich Civic Society. In accordance with the code of conduct, she remained in the meeting during consideration of these items.

Councillor D Marren declared a personal interest in respect of application numbers 12/0222N and 12/0392N on the grounds that he was a member of Nantwich Town Council, which had been consulted on the proposed developments.  Councillor Marren had left the meeting by the time these items were considered.

Councillor D Marren declared a personal and prejudicial interest in respect of application number 11/3168N on the grounds that he was well acquainted with the applicant.  Councillor Marren had left the meeting by the time this item was considered.

Councillor S McGrory declared a personal interest in respect of application number 11/4002C on the grounds that he was a member of Middlewich Town Council, which had been consulted on the proposed development. In accordance with the code of conduct, he remained in the meeting during consideration of this item.

Councillor G Merry declared a personal interest in respect of application numbers 12/0219C and 12/0220C, on the grounds that she was a member of Sandbach Town Council, which had been consulted on the proposed developments. In accordance with the code of conduct, she remained in the meeting during consideration of these items.

Councillor G Merry declared a personal and prejudicial interest in respect of application number 12/0477C on the grounds that the objector was an employee of Sandbach Town Council, of which she was a member.  In accordance with the code of conduct, she withdrew from the meeting during consideration of this item.

Councillor L Gilbert declared a personal interest in respect of application number 11/4399C on the grounds that he was a member of Holmes Chapel Parish Council, which had been consulted on the proposed development. In accordance with the code of conduct, he remained in the meeting during consideration of this item.

Councillor A Moran, who was in attendance at the meeting, declared a personal interest in respect of application numbers 12/0222N and 12/0392N on the grounds that he was a member of Nantwich Town Council, which had been consulted on the proposed developments. In accordance with the code of conduct, he remained in the meeting during consideration of these items.

Julie Zientek declared a personal and prejudicial interest in respect of application number 12/0222N on the grounds that she knew the objector.  In accordance with the code of conduct, she withdrew from the meeting during consideration of this item.

To approve the minutes of the meeting held on 7 March 2012.

RESOLVED – That the minutes of the meeting held on 7 March 2012 be approved as a correct record and signed by the Chairman.

The Southern Area Manager explained that the National Planning Policy Framework (NPPF) had been published on 27 March 2012, which meant that references within reports to PPS and PPG policies were no longer valid as they had been replaced by the new NPPF with immediate effect.

To consider the above planning application.

Note: Mr M Cox (objector) and Mr J Ashall (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, an oral update by the Southern Area Manager – Development Management and an oral report of the site inspection.

RESOLVED – That the application be DEFERRED for further information relating to the existing housing figures and need in the area, and details of the current status of brownfield sites in the area.

To consider the above planning application.

Note: Councillor A Thwaite arrived during consideration of this item but did not take part in the debate or vote.

Note: Mr J Ashall (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, for the reasons set out in the report, the application be APPROVED subject to the completion of a Section 106 Agreement requiring a contribution of £5,000 to local traffic management measures and the following conditions:

1.      Time limit.

2.      Compliance with the approved plans.

3.      Submission of materials for approval.

4.      Submission and implementation of boundary treatment scheme.

5.      Hours of construction (including deliveries) limited to 0800 to 1800 Monday to Friday, 0800 to 1400 Saturday with no working on Sundays or Bank Holidays.

6.      Submission of details of the method, timing and duration of any pile driving operations.

7.      Submission and implementation of a scheme for protection from traffic noise and vibration.

8.      Submission of a noise impact assessment

9.      Submission of details of acoustic enclosure of equipment with the potential to create noise.

10.   Restrictions on the opening hours of the retail unit (0730 to 1900 Monday to Saturday and 0900 to 1600 Sunday and Bank Holidays).

11.   Submission of a Phase I contaminated land survey

12.   Submission and implementation of a scheme of boundary treatments.

13.   Fixed and obscured glazing in the central units of the bay windows at ground and first floor level adjacent to the Pentacostal Church on Bradwall Road.

To consider the above planning application.

Note: Mr J Ashall (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, for the reasons set out in the report, the application be APPROVED subject to the following condition:

1.      Commence development within 3 years.

To consider the above planning application.

Note: Mr G Kaufman (objector) 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, contrary to the planning officer’s recommendation for approval, the application be REFUSED for the following reason:

The proposed development is considered to be unacceptable by means of its height and the position of the two principal windows on the rear elevation of the extension. It is considered that the proposal would have a significantly detrimental impact on the amenity of the adjacent neighbours by means of overlooking as the minimum separation distance between principal windows noted within the Extension and Householder Development SPD is not achieved. It is therefore considered that the proposal is contrary to Policy BE.1 (Amenity) of the Crewe and Nantwich Replacement Local Plan 2011 and the adopted Extension and the Householder Development Supplementary Planning Document.

To consider the above planning application.

Note: Councillor D Newton left the meeting at this point in the proceedings and returned during the committee’s debate on the application but did not take part in the debate or vote.

Note: Councillor A Baldwin(on behalf of Sound & District Parish Council), Mr D Lowe (on behalf of Sound & District Residents’ Association), Mr R High (objector) and Ms M Simpson-Gallego (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, a written update and an oral report of the site inspection.

RESOLVED – That, contrary to the planning officer’s recommendation for approval, the application be REFUSED for the following reason:

In the opinion of the Local Planning Authority, the site is not considered to be a small gap in an otherwise built up frontage. Consequently the proposal would represent an unwarranted incursion into the Open Countryside, would not add to the overall quality of the area, would detract from the sense of place of Sound and would not respond to its local character or reflect its identity. The fact that this is not a gap in an otherwise built up frontage means that the new development would not integrate into the existing, built environment. The proposal is therefore contrary to the provisions of Policy NE.2 of the adopted Borough of Crewe and Nantwich Replacement Local Plan 2011 and the National Planning Policy Framework.

To consider the above planning application.

Note: Having declared a personal and prejudicial interest in this application, Councillor Merry withdrew from the meeting during consideration of this item and Councillor Weatherill took the Chair.

Note: Ms K Pepper (objector) attended the meeting and addressed the Committee on this matter.

Note: Councillor G Wait (Ward Councillor) had registered her intention to address the Committee on this matter but was unable to attend the meeting.  A statement from Councillor Wait was read out by the Principal Planning Officer.

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

RESOLVED – That, contrary to the planning officer’s recommendation for approval, the application be REFUSED for the following reason:

The proposed development by reason of its size and design would have a detrimental impact on the character and appearance of the host dwelling. Furthermore the proposal would result in overdevelopment of the site. The proposal is therefore contrary to policy GR2 (Design) of the Congleton Borough Local Plan First Review 2005.

To consider the above planning application.

Note: Councillor D Marren left the meeting prior to consideration of this application.

Note: Councillor Rachel Bailey, who had been in attendance at the meeting having arrived after its commencement, left prior to consideration of this application.

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

The Committee considered a report regarding the above planning application and a written update.

RESOLVED – That the application be DEFERRED for further information in relation to the following:

·            More details of viability and further negotiation with the developers with respect to the percentage of affordable housing

·            Discussion between Greenspace and the Town Council regarding the identification of amenity greenspace sites to be allocated money for enhancement and maintenance

·            Identification of bus stops to be upgraded

·            More details with respect to allotments and access

To consider the above planning application.

Note: Having declared a personal and prejudicial interest in this application, Julie Zientek withdrew from the meeting during consideration of this item.

Note: Councillor A Moran (Ward Councillor), Mr E Leetham (objector) and Mr P Darwin (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, contrary to the planning officer’s recommendation for approval, the application be REFUSED for the following reason:

Due to the difference in ground levels, the proposed dwelling on plot number 3 would be overly dominant in terms of its relationship with number 44 Marsh Lane, Nantwich, and would result in an unacceptable loss of residential amenity to that property, as a result of overshadowing and visual intrusion. It is therefore deemed to be contrary to Policy BE.1 of the Borough of Crewe and Nantwich replacement Local Plan 2011 and the provisions of the National Planning Policy Framework which requires the integration of new development into the built environment and states that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.

To consider the above planning application.

The Committee considered a report regarding the above planning application and an oral update by the Southern Area Manager – Development Management to correct an error identified by the applicant in the application by substituting Plot no 1 of the Stable Units for Plot no 3 so as to accurately reflect the submitted plan.

RESOLVED – That, for the reasons set out in the report, the application be APPROVED, subject to a deed of variation to link the current application to the original application P03/1522, and the following conditions:

1. Approved Plans

2. Landscape scheme – hard and soft landscaping

3. Landscape implementation

4. Details of boundary treatment and enclosures

5. Remove Permitted Development Rights for Classes A to E of Part 1; Class A of Part 2; and Classes A to F of Part 40.

To consider the above planning application.

Note: Mr I Pleasant (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 a written update.

RESOLVED – That, for the reasons set out in the report, the application be APPROVED, subject to a Section 106 Agreement to secure overage agreement so that if the total sales proceeds for the development exceed the amount predicted in the Viability Appraisal submitted with the application, the additional monies are split 50/50 with the Council to go towards the provision of affordable housing in Crewe Wards, and the following conditions:

1.     Standard

2.     Amended plans

3.     Provision of carparking in accordance with timetable and phasing plan to be agreed with the local planning authority prior to commencement to development.

4.     Provision of cycle parking timetable and phasing plan to be agreed with the local planning authority prior to commencement to development.

5.     Side windows of Bedroom 1 (Flat 8) Living Room (Flat 5) and Bedroom (Flat 13) to be obscure glazed

6.     10% of energy requirements to be from decentralised/renewable/low-carbon source energy supply unless demonstrated by the applicant, having regard to the type of development involved and its design, that this is not feasible or viable.

7.     Submission / approval implementation of materials

8.     Submission / approval of landscaping

9.     Implementation of landscaping

10.  Submission / approval / implementation of boundary treatment.

11.  Hours of operation restrictions to be placed on the construction site; Monday – Friday 08.00 hrs to 18.00 hrs, Saturday 09.00 hrs to 14.00 hrs, with no Sunday or Bank Holiday working

12.  Should there be a requirement to undertake foundation or other piling on site it is recommended that these operations to be restricted to: Monday – Friday 08:30hrs – 17:30hrs; Saturday 08:30hrs – 13:00hrs; Sunday and Bank Holidays     Nil

13.  Submission / approval / implementation of traffic noise assessment and any recommended mitigation.

14.  Submission / approval / implementation of details of external lighting

15.  Submission / approval / implementation of bin storage, for both household waste and recycling, for the size of the development.

16.  Submission / approval / implementation of contaminated land assessment and any recommended mitigation.

To consider the above planning application.

The Committee considered a report regarding the above planning application.

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

1.      Commence development within 3 years

2.      Development in accordance with approved drawings

3.      Submission of details/samples of external materials

4.      Implementation of detailed access and junction plans

5.      Car parking to be provided in accordance with the approved plan prior to the development being brought into use

6.      Cycle Parking details to be submitted and agreed

7.      Drainage details to be submitted and agreed

8.      External lighting details to be submitted and agreed

9.      No external storage

10.   No mezzanine floors

11.   Trade Counters details to be submitted and agreed

12.   Restriction on the sale of goods to non - food goods.

13.   Prevent sub-division of any of the units

14.   Bin Storage details to be submitted and agreed

15.   Limits on hours of construction including delivery vehicles.

To consider the above planning application.

Note: Councillor I Barton (on behalf of Dodcott cum Wilkesley Parish Council) and Mr G Allen (on behalf of an objector) attended the meeting and addressed the Committee on this matter.

The Committee considered a report regarding the above planning application and an oral update by the Southern Area Manager - Development Management which included a summary of additional letters of objection.

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

1) Standard Time Limit (3 years)

2) Development to be carried out in accordance with the Approved Plans

3) Materials to be submitted and approved by the Local Planning Authority

4) Details of Surfacing Materials to be submitted

5) External storage to be limited to extent shown on approved plan

6) Details of Boundary treatment and road side gate to be submitted and approved

7) Detailed Landscaping scheme to be submitted

8) Landscaping scheme to be implemented

9) Car Parking Layout to be carried out in compliance with approved plan

10) Proposed access improvements to be carried out to an adoptable standard and implemented prior to first occupation of extension

11) Details of any lighting to be submitted prior to implementation

12) Details of drainage to be submitted and approved

13) Turning area to be kept clear at all times

14) Hours of Operation limited to 0800-1800 Mon-Sat

To consider the above planning application.

Note: Councillor D Newton left the meeting at this point in the proceedings and returned during the committee’s debate on the application but did not take part in the debate or vote.

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

Note: Mr S Goodwin (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 a written update.

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

1.    Plans

2.    Revised scheme of landscaping / boundary treatment to the north west and south western boundaries to include post and rail fence and native hedges to both sides.

3.    Electromagnetic screening

To consider the above planning application.

The Committee considered a report regarding the above planning application and a written update concerning amended plans.

RESOLVED – That the application be DEFERRED for a Committee site inspection to enable Members to assess the impact of the amended plans for the proposed development on the Grade II Listed Building and the conservation area.

To consider the above planning application.

Note: Councillor A Moran (Ward Councillor) and Mrs S Stott (applicant) attended the meeting and addressed the Committee on this matter.

The Committee considered a report regarding the above planning application.

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

1. Standard time

2. Approval of materials

3. Approval of surfacing materials

4. Provision of car parking spaces

5. Details of covered and secure cycle storage to be submitted to and approved in writing by the Local Planning Authority and retained thereafter

6. Diversion of public sewer

7. Drainage details to include for sustainable drainage measures (SUDS) to be submitted and approved and thereafter implemented

8. Approved points of access to be constructed to Cheshire East Council standards and remaining existing access to be stopped up

9. Details of all boundary treatments to include fencing at rear of the site adjoining properties on Meeanee Drive to be submitted and approved in writing by the Local

Planning Authority and retained thereafter

10. Details of landscaping to be submitted to and approved in writing by the Local

Planning Authority

11. Approved landscaping to be implemented

12. Provision of bin storage areas

13. Removal of permitted development rights for extensions and detached structures

14. Approved plans

15. Construction Management Plan

To consider the above planning application.

The Chairman reported that this application had been withdrawn by the applicant.

To consider the above planning application.

Note: Councillor L Gilbert left the meeting at this point in the proceedings and returned during the committee’s debate on the application but did not take part in the debate or vote.

Note: All Members of the Committee declared that they had received correspondence regarding this application.

Note: On 7 March 2012, Members of the Committee had considered a report relating to an appeal for non determination of an application to vary conditions 2 and 17 of planning permission P07/0867, and had endorsed the view that the application would have been approved, subject to a deed of variation to the existing s106 agreement to reference the new permission and conditions.  As the current application was identical to that considered on 7 March, all Members of the Committee declared that they were approaching the decision with an open mind and would take all material considerations into account.

Note: Mr J Walton (objector) and Mr S Goodwin (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 update by the Principal Planning Officer.

RESOLVED – That, for the reasons set out in the report, the application be APPROVED subject to a Deed of Variation to the existing Section 106 Agreement to reference the new permission and the following conditions:

1.      Standard Time Limit

2.      Amended plans

3.      Materials

4.      Remove permitted   development rights – extensions and ancillary buildings

5.      Access to be constructed to sub-base level prior to first occupation

6.      Landscaping scheme to be submitted

7.      Implementation / maintenance of landscaping

8.      Boundary treatment to be submitted and implemented

9.      Full drainage details to be submitted and implemented. 

10.   Obscure glass to first floor window in east gable of unit 1.

11.   Scheme of tree protection to be submitted and agreed

12.   No lighting of fires / storage of materials etc. in protected area

13.   Specification for paths / drives etc. under trees to be submitted and agreed

14.   Implementation of wildlife mitigation measures.

15.   Hedgerow removal to take place outside bird nesting season

16.   Details of finished floor levels to be submitted and agreed

17.   Track to be surfaced using “Top-trek” or a similar material – details to be submitted and agreed.

To consider the above planning application.

Note: Councillors M Martin and D Newton left the meeting prior to consideration of this application.

Note: Councillor L Gilbert declared that he had received correspondence from the applicant and objectors regarding this application.

The Committee considered a report regarding the above planning application, which was the subject of an appeal against non-determination.

RESOLVED – That, had the Committee been able to determine the application, it would have been APPROVED for the reasons set out in the report, subject to the following conditions:

1.      Standard Time Limit

2.      Plans

3.      Details of Materials to be submitted and approved in writing by the Local Planning Authority.

To note the Council’s appeal’s performance for January and February 2012.

The Committee considered a summary of appeals for the first two months of 2012.

RESOLVED - That the Committee notes:

(1)  the Council’s appeals performance for January and February 2012 (77.77%) and its success in most instances in defending planning appeals; and

(2)  the reasons the Council lost some appeals and a recent Cheshire West and Chester appeal that raised issues in relation to housing land supply.