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 15/1666N, Councillor S Davies declared that he had made up his mind.  He would exercise his separate speaking rights as a Neighbouring Ward Councillor and not take part in the debate or vote.

With regard to application number 15/5650C, Councillor B Walmsley declared that she knew the speakers but had kept an open mind.

With regard to application number 15/4326C, Councillor B Walmsley declared that she knew the landowner but had not spoken to her recently.

All Members of the Committee declared that they had received correspondence with regard to application number 15/5650C.

With regard to application number 16/0014N, Councillor J Clowes declared that she had called in the application on behalf of the parish council but that she had kept an open mind and would consider the application on its merits, having heard the debate and all the information.

With regard to application number 15/5259C, Councillor G Merry declared that she was a member of Sandbach Town Council but that she was not a member of its planning committee.  She had not discussed this application and had kept an open mind.

With regard to application number 16/0574C, Councillor G Merry declared that she was a member of Sandbach Town Council and had received correspondence with regard to the application.  She had not discussed this application and had kept an open mind.

With regard to application number 15/5650C, Councillor G Merry declared that she had been contacted but that she had not discussed this application and had kept an open mind.

To approve the minutes of the meeting held on 30 March 2016.

RESOLVED – That the minutes of the meeting held on 30 March 2016 be approved as a correct record and signed by the Chairman.

To consider the above planning application.

Note: Councillor S Corcoran (Ward Councillor), Ms A Buxton (objector) and Mr G Clark (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

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

1. The proposal involves the development of countryside outside of the Policy Boundary for Sandbach as defined in the Sandbach Neighbourhod Plan 2016. It is also involves development within the countryside as set out in the Congleton Local Plan First Review  2005. The proposal erodes the character of the countryside and undermines the ability of the community to shape and direct sustainable development in their area, contrary to Sandbach Neighbourhood Plan Policy PC3, Congleton Local Plan First Review policy PS8  and the advice of NPPF paragraphs 17, 183-5 and 198. These conflicts significantly and demonstrably outweigh the benefits of the proposal.

2. The future occupiers of the dwelling proposed on Plot 1 would be detrimentally impacted both in terms of visual intrusion and loss of light due to the proximity of the proposed 4 metre high acoustic fence. The development is therefore considered to be contrary to Policy H2 (Design and Layout) of the Sandbach Neighbourhood Plan, Policy GR6 (Amenity) of the Congleton Borough Local Plan First Review 2005 and the NPPF.

3. Insufficient information concerning air quality and noise with specific regard to the development of the smart motorway adjacent to enable the Council to assess the proposals impact upon the amenity and living conditions of future occupiers , contrary to GR1 of the Congleton Borough Local Plan First Review 2005.

(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 her absence the Vice Chairman) 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.

(c) That, should this application be the subject of an appeal, authority be delegated to the Head of Planning (Regulation) in consultation with the Chairman of the Southern Planning Committee to enter into a planning agreement in accordance with the S106 Town and Country Planning Act to secure the following Heads of Terms for a S106 Agreement:

1.    £5,646.50 to be utilised to fund off site habitat creation/enhancement within the Meres and Mosses Nature Improvement Area. Prior to commencement of development

2.    £23,007.15 towards Public Open Space provision and maintenance (AGS - £2,166.03 - Enhanced provision: £2,166.03 and Maintenance: £4,848.25 (25 years) and CYPP - Enhanced provision: £3,754.37 and Maintenance: £12,238.50 (25 years))

3.    Provision of 4 on-site affordable dwellings - 3 provided as affordable rent and 1 unit as Intermediate tenure. The affordable units should be tenure  ...  view the full minutes text for item 180.

To consider the above planning application.

Note: Councillor B Moran (Ward Councillor) 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

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

The proposal involves the development of countryside outside of the Policy Boundary for Sandbach as defined in the Sandbach Neighbourhood Plan 2016. It is also involves development within the countryside as set out in the Congleton Local Plan First Review 2005. The proposal erodes the character of this part of the landscape and  the countryside and undermines the ability of the community to shape and direct sustainable development in their area, contrary to Sandbach Neighbourhood Plan Policies PC2 and  PC3, Congleton Local Plan policies GR1 and PS8 and the advice of NPPF. These conflicts significantly and demonstrably outweigh the benefits of the proposal.

(b)  That, in the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Head of Planning (Regulation) be granted delegated authority to do so in consultation with the Chairman of the Southern Planning Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.

To consider the above planning application.

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 signing of a Section 106 Agreement with the following Heads of Terms:

1.         A scheme for the provision of 30% affordable housing – split 2 rented and 1 for intermediate sale based on 10 units. The scheme shall include:

- The numbers, type, tenure and location on the site of the affordable housing provision

- The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing

- The arrangements for the transfer of the affordable housing to an affordable housing provider or the management of the affordable housing if no Registered Social Landlord is involved

- The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

- The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

2.         An education contribution of £32,685 towards secondary education in Nantwich.

and the following conditions:

1.    Commencement of development (3 years) or 2 from the date of approval of reserved matters.

2.    Reserved matters to be approved.

3.    Approved plans (to include the revised access but NOT the illustrative layout)

4.    Tree retention/protection in accordance with agreed scheme

5.    Further ecological surveys to be submitted as part of the reserved matters application

6.    Surface water drainage

7.    Separate systems for drainage

8.    Contaminated land verification report

9.    Construction management plan including dust control

10. Noise mitigation
11. Reserved matters to comprise no more than 8 dwellings

(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 her absence, the Vice Chairman) of the 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.

(c) That, should this application be the subject of an appeal, the following Heads of Terms be secured as part of any S106 Agreement:

1.         A scheme for the provision of 30% affordable housing – split 2 rented and 1 for intermediate sale based on 10 units. The scheme shall include:

- The numbers, type, tenure and location on the site of the affordable housing provision

- The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing

- The arrangements for the transfer of the affordable housing to an affordable housing provider or the management of the affordable housing if no Registered Social Landlord is involved

- The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable  ...  view the full minutes text for item 182.

To consider the above planning application.

Note: Councillor J Wray (Ward Councillor), Parish Councillor A Holder (on behalf of Moston Parish Council) and Mr A Roscoe (objector) 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 the application be DEFERRED for further information on the personal circumstances of the applicants, to enable Members to properly assess the need for the proposal.

To consider the above planning application.

Note: Having exercised his separate speaking rights as a Neighbouring Ward Councillor, Councillor S Davies withdrew from the meeting for the duration of the Committee’s consideration of this item.

Note: Parish Councillor R Pulford (on behalf of Bunbury Parish Council), Mr P McGuirk (objector) and Mrs J Redmond (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 authority be DELEGATED to the Head of Planning (Regulation), in consultation with the Chairman of Southern Planning Committee, to APPROVE the application for the reasons set out in the report, subject to:

• no objections from Historic England and the Council’s Tree Officer
• the completion of a s106 agreement making provision for Affordable Housing comprising 4 units on site 2 for social / affordable rent and 2 for intermediate tenure
• the following conditions:

1.            Standard Time Limit (3 Years)

2.            Accordance with approved / amended plans

3.            Prior submission of facing and roofing material details

4.            Prior submission of surfacing material details

5.            Submission of details of boundary treatment

6.            Tree retention and accordance with submitted AIA

7.            Tree protection – Implementation including details of no dig construction

8.            Landscaping to be submitted including hedgerow planting to be supplemented

9.            Landscaping implementation

10.         Survey for nesting birds to be carried out if development is carried out in the bird nesting season

11.         Features for breeding birds to be incorporated

12.      Access to be constructed in accordance with approved plans

13.      Accordance with recommendations of ecological report

14.      Prior submission of a piling method statement

15.      Prior submission of any external lighting

16.      Prior submission of a dust mitigation scheme

17.      Drainage to be connected to foul sewer

18.      Removal of permitted development rights for gates, walls and fences

19.      Removal of permitted development right for extensions and outbuildings (Classes A-E)

20.      Submission of a programme of archaeological mitigation

21.      Submission of details of bin storage

22.      Details of footpath link to be submitted

(b)  That, in the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Head of Planning (Regulation) be granted delegated authority to do so in consultation with the Chairman of the Southern Planning Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.

(c) That, should this application be the subject of an appeal, authority be delegated to the Head of Planning (Regulation) in consultation with the Chairman of the Southern Planning Committee to enter into a planning agreement in accordance with the S106 Town and Country Planning Act to secure the Heads of Terms for a S106 Agreement.

To consider the above planning application.

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

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

Note: Ms R Thornley attended the meeting and addressed the Committee on behalf of the applicant.

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

RESOLVED – That the application be DEFERRED for a Committee site inspection to enable Members to assess the impact of the proposed development.

To consider the above planning application.

Note: Mr T Loomes 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 authority be DELEGATED to the Head of Planning (Regulation), in consultation with the Chairman of Southern Planning Committee, to APPROVE the application for the reasons set out in the report, subject to:

·                     the resolution of outstanding matters relating to levels around trees

·                     detailed design revisions concerning the siting of a block of 2.5/3 storey houses to Plots 22-25

·                     negotiations/further investigations with regard to health related infrastructure requirements

·                     the completion of a s106 agreement to secure

1.            £51,084 in lieu of on site Public Open Space provision – upon 1^st occupation

2.            NEAP including at least 8 items of equipment. Specification to be submitted to and agree by the Council.

3.            Provision for a private residents management company to maintain the on-site ecological area/ amenity space / play area and all incidental areas of open space not within the adopted public highway or domestic curtilages

4.            Detailed management plan for the above Open Space/ecological mitigation area to be submitted and approved.

5.            Provision of 30% on-site affordable dwellings – 65% provided as affordable rent and 35% as Intermediate tenure. The affordable units should be tenure blind and be provided no later than occupation of 50% of the open market dwellings.

6.            £50,000 ecological mitigation payment to be paid on the occupation of the 109th dwelling

7.            £271,157 towards  primary school education provision - 50% of the money upon the occupation of the 55th dwelling house and a further 50% upon the occupation of the  109^th dwelling

8.            £326,854 towards secondary school education provision - 50% of the money upon the occupation of the 55th dwelling house and a further 50% upon the occupation of the  109^th dwelling

9.            £91,000 towards special education needs  education provision (1    space primary and 1 space secondary) - 50% of the money upon the occupation of the 55th dwelling house and a further 50% upon the occupation of the  109^th dwelling

10.         £299,999 towards  schemes of  highway mitigation on the A34 and the A536 to be paid upon commencement  of building of the 109^th dwelling

·                     the following conditions:

1.    Time – 2 years

2.    In accordance with approved plans

3.    Materials – Prior submission/approval

4.    Construction Management Plan, inc wheel washing – Prior submission/approval

5.    Right turn lanes from Manchester Road to be provided and implemented prior to any occupation

6.    Details of bin and  bike store for flats to be submitted, approved and provided prior to flat occupation

7.    Parking areas to be provided as per the submitted plan prior to 1^st occupation of relevant flat/house

8.    Removal of PD rights for extensions – selective plots – smaller house types

9.    Removal of PD rights for any walls, fences, means of enclosure forward of any buildings

10. Surface water drainage scheme –  ...  view the full minutes text for item 186.

To consider the above planning application.

Note: Mr T Loomes attended the meeting and addressed the Committee on behalf of the applicant.

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

RESOLVED

(a)  That authority be DELEGATED to the Head of Planning (Regulation), in consultation with the Chairman of Southern Planning Committee, to APPROVE the application for the reasons set out in the report, subject to:

·                     the resolution of outstanding matters relating to levels around trees

·                     negotiations/further investigations with regard to health related infrastructure requirements

·                     the completion of a s106 agreement to secure

1.            £46,000 Biodiversity mitigation to be utilised to fund off site habitat creation/enhancement within the Meres and Mosses Nature Improvement Area. Prior to commencement of development, to be paid upon the commencement development on site

2.            £2,000 Barn Owl Mitigation payment upon commencement

3.            £34,102 in lieu of on site Public Open Space provision – on 1^st occupation

4.            £70,923 Place Space Maintenance (in lieu of on site provision)

5.            £28,096 Amenity Greenspace payment in lieu of on site provision

6.            Provision for a private residents management company to maintain the on-site ecological area/ amenity space / play area and all incidental areas of open space not within the adopted public highway or domestic curtilages

7.            Detailed management plan for the above Open Space be submitted and approved.

8.            Provision of 30% on-site affordable dwellings – 65% provided as affordable rent and 35% as Intermediate tenure. The affordable units should be tenure blind and be provided no later than occupation of 50% of the open market dwellings.

1.            £184,387  towards  primary school education provision - 50% of the money upon the occupation of the 40th dwelling house and a further 50% upon the occupation of the  80^th dwelling

2.             £184,387 towards  Secondary school education provision- 50% of the money upon the occupation of the 40th dwelling house and a further 50% upon the occupation of the  80^th dwelling

3.             £45,500 towards  Special education needs  education provision -50% of the money upon the occupation of the 40th dwelling house and a further 50% upon the occupation of the  80^th dwelling

4.             £158,333  towards  schemes of  highway mitigation on the A34 and the A536 to be paid upon commencement  of building of the 25th dwelling(25%)

·                     the following conditions:

1.            Time - standard

2.            In accordance with approved plans

3.            Materials – Prior submission/approval

4.            Construction Management Plan, inc wheel washing – Prior submission/approval

5.            Main access road  to be constructed up to binder course prior to commencement.

6.            Parking areas to laid out and drained as  the agreed plan

7.            Removal of PD rights for extensions – selective plots – smaller house types

8.            Removal of pd rights for any walls, fences, means of enclosure forward of any buildings

9.            Site to be drained on a separate system

10.         Surface water drainage scheme – Prior submission/approval

11.         Landscaping – Prior submission/approval – To include hedgerow retention/enhancement/further planting  ...  view the full minutes text for item 187.

To consider the above planning application.

Note: Mr D Sheppard (applicant) attended the meeting and addressed the Committee on this matter.

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 limit

2.    Approved plans

3.    Compliance with the submitted Ecology Report and Mitigation Measures dated January 2016

4.    Protection for breeding birds

5.    Closure of protected species habitat until construction works are completed

6.    Submission of details of the colour and finish of the security fence and acoustic wall

(a)  That, in the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Head of Planning (Regulation) be granted delegated authority to do so in consultation with the Chairman of the Southern Planning Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.

To consider the above planning application.

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. Compliance with the conditions on applications numbered 15/3336N and 15/0482N (not condition 10)
2. Approved plans
3. Submission of materials for approval

(b)  That, in the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Head of Planning (Regulation) be granted delegated authority to do so in consultation with the Chairman of the Southern Planning Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.