Agenda item

To consider the above application.

Consideration was given to the above application.

(Councillor B Moran, the Ward Councillor, Town Councillor Mike Benson, representing Sandbach Town Council and Steve Buckley, an objector attended the meeting and spoke in respect of the application).

RESOLVED

That the application be refused for the following reasons:-

1.         The proposed residential development is unaceptable because it is located within the Open Countryside, contrary to Policies PC3 and H1 of the Sandbach Neighbourhood Plan, PS8 (Open Countryside) and H6 (Housing in Open Countryside) of the Congleton Borough Local Plan, Policies PG2 and PG6 of the Cheshire East Local Plan Strategy and the principles of the National Planning Policy Framework and create harm to interests of acknowledged importance. Consequently, there are no material circumstances to indicate that permission should be granted contrary to the development plan.

2.         The Local Planning Authority considers that there is insufficient information included within this application to determine the impact of the proposed development upon the local highway network. The submitted application relies on information from 2016 and there has been increased queues and usage on the local road network which should be considered. As a result the proposed development is contrary to Policies CO4 of the CELPS, Policy GR18 of the Congleton Local Plan and IFT1 of the SNP and guidance contained within the NPPF.

3.         The proposed development would result in the loss of BMV Agricultural Land. It is considered that the development is unsustainable because of the unacceptable environmental and economic impact of the scheme in terms of loss of best and most versatile agricultural land. As such the proposal is contrary to Policies SD1, SD2 and SE 2 of the Cheshire East Local Plan Strategy and the provisions of the NPPF.

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

Should the application be subject to an appeal, the following Heads of Terms should be secured as part of any S106 Agreement:-

1.         A scheme for the provision of 30% affordable housing – 65% to be provided as social rent/affordable rent with 35% intermediate tenure. 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. Provision of Public Open Space and a NEAP (8 pieces of equipment) to be maintained by a private management company

3. Primary school education contribution of £379,620

4. Secondary school education contribution of £441,253

5. SEN education contribution of £91,000

6. PROW Contribution of £15,531

7. Indoor Sport contribution of £25,500

8. Outdoor sport contribution of £1,000 per family dwelling

(Prior to consideration of the following item, Councillor L Smetham left the room and did not return).