Agenda item

To consider the above application.

Consideration was given to the above application.

(Councillor Janet Clowes, the adjacent Ward Councillor, attended the virtual meeting and spoke on behalf of the application).

RESOLVED:

That, for the reasons set out in the report, the application be REFUSED for the

following reasons:

Refuse for the following reasons:

1)    The application site is located within the Open Countryside and outside of the Shavington Settlement Boundary. The application is not supported by an up-to-date Housing Needs Survey to identify the need within this Parish. Furthermore, a development of 40 affordable units would exceed the threshold criteria of 10 units identified by Policy SC6. The proposed development would cause harm to the open countryside and be contrary to Policy SC6 and PG6 of the Cheshire East Local Plan Strategy, Policy HOU1 of the Shavington Neighbourhood Plan and the NPPF.

2)    There is a minor roost of Bats within one of the buildings to be demolished as part of this proposed development and this proposed development would result in a Low Level adverse impact on this species as a result of the loss of the roost and the risk of any bats present on site being killed or injured during the construction process. The proposed development fails two of the tests contained within the Habitats Directive and as a result would also be contrary to Policies NE.9 of the Crewe and Nantwich Replacement Local Plan 2011 and SE 3 of the Cheshire East Local Plan Strategy and guidance contained within the NPPF.

3)    The design and layout of the proposed development is considered to be poor and fails to take the opportunities available for improving the character and quality of the area. As a result, the proposal would not make a positive contribution to the area and would be contrary to Policy SE1 of the CELPS, The Cheshire East Design Guide and Policy HOU4 of the Shavington Neighbourhood Plan and the requirements of the NPPF.

4)    The proposed development would not provide any public open space and there is a shortfall of provision within the Parish of Shavington. Therefore, the proposed development does not represent a sustainable form of development and is contrary to Page 33 Policies SE6 of the Cheshire East Local Plan Strategy and COM3 of the Shavington Neighbourhood Plan and 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 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.

Should the application be the subject of an appeal agreement is given to enter into a S106 Agreement with the following Heads of Terms;