DEVELOPMENT CONTROL COMMITTEE
29 MAY
2008
PRESENT: Councillor B H
Dykes, Chair;
Councillors D Bebbington, D H D Charlesworth,
W D Davies, R E Dodd, C Goff, E Howell, M A Martin, R Parker,
A Richardson, J I Stockton, C G Thorley and J Wright.
IN ATTENDANCE (FOR WHOLE OR PART OF THE
MEETING):
Councillors D Brickhill, J V Dwyer, W S McGinnis, S J S Mottram
and R Westwood.
DECLARATIONS OF INTEREST
1
Councillor Dykes declared a personal interest in respect of
planning application on P08/0275 as a member of Wulvern Housing’s
Board. Councillor Howell also declared a personal interest in
the same application (P08/0275) as a family member lived within the
development site.
Councillor Thorley declared a personal
application in agenda item 6 (Tree Preservation Order: Land rear of
194 Middlewich Street, Crewe [Order No. 215] TPO 2007) as an
advocate of the preservation of trees in general.
MINUTES
2
RESOLVED: That the Minutes of the meeting held
on 29 April 2008 be approved as a correct record.
APPLICATIONS UNDER THE TOWN AND
COUNTRY PLANNING ACT 1990
3
The Borough Planning Officer submitted the following applications
for determination.
1.
P08/0275 Residential Estate
Improvement Works including
Demolition (13 Houses), New Build (9
Houses), Remodelling of Existing Properties (53 Houses), New Pocket
Park Traffic Calming and Other Environmental Works, Sherborne
Road/Haslemere Way/Roedean Walk and Greenacres, Crewe for Wulvern
Housing Limited
APPROVED:
Conditions
1 Standard
2 Materials
3 Surfacing
materials
4 Boundary
treatments
5 Landscape
to be submitted
6 Landscape
to be completed
7 Drainage
details
P08/0275
(Cont’d)
8 Tree
protection
9 Plans
10 Obscure
glazing
11 Demolition
of existing buildings
12
Sewer
13
Gates to be accessible by disabled people
14
Details of street furniture to be submitted and approved
15
Scheme for alley gating adjacent to 111/111A Middlewich Street to
be submitted with application for development for 1-12 Sherborne
Road
16
Scheme for alley gating rear of Stamp Avenue to be submitted with
application for development at 7-13 Abbey Place
2.
P08/0299 Livestock and Feed
Storage Building, Fields Farm, Whitchurch
Road, Cholmondeley for The Cholmondeley Estate
APPROVED:
Conditions
1 Standard
2 Plans
3 Drainage
4 Materials
5 Landscape
scheme
6 Landscape
implementation
3.
P08/0318 Erection of a New
Storage Unit with Internal Office Space and
Servicing Area as an Extension to the Existing Buildings, T I
Midwood & Co, Green Lane, Wardle for T I Midwood and Co
Ltd
Subject to the expiry of the press
notice and no new material planning grounds of objection being
received -
RESOLVED: That the application be referred to full Council
for determination as a departure from the Borough of Crewe &
Nantwich Replacement Local Plan 2011 with a recommendation to
APPROVE subject to the following conditions:
1 Standard
2 Plans
3 Materials
4 Surfacing
materials
5 Drainage
6 Travel
plan
7 Landscaping
submitted
P08/0318
(Cont’d)
8 Landscaping
implemented
9 External
lighting
10
No external storage
11
Car parking in accordance with Travel Plan
12
Cycle parking in accordance with Travel Plan
13
Shower facilities
14
Oil interceptors
15
Bin storage
16
Boundary treatment
4.
P08/0357 Proposed
Reconstruction of Warehouse/Office
Buildings on Existing Site with
Associated Parking and Loading (5 New Units, 2 Storey), Land on
Corner of Gateway and Quakers Coppice, Crewe for Hopecrest Holdings
Ltd
APPROVED:
Conditions
1 Standard
2 Reference
to plans
3 Implementation
of landscaping
4 Submission/approval/implementation
of details of boundary treatments including gates
5 Submission/approval
of materials samples. Walls to be clad in light grey and
roofs to be finished in dark grey
6 Submission/approval/implementation
of travel plan
7 Provision
of secured and covered cycle parking
8 Provision
of vehicle parking and turning areas
9 Access
to Cheshire County Council specification
10
Scheme of external lighting
11
Submission/approval and implementation of a scheme of drainage to
include – site to be drained on a separate system with only
the foul drainage and discharges from storage areas, vehicle
washing and other areas where water is contaminated to be connected
to the foul sewer
12
All surface water drains to have interceptors
13
All fuel and chemical storage tanks must have adequate bund walls
without outlets
14
Submission and approval of a risk assessment in respect of
contamination
5.
P08/0384 Conversion of Existing
House to Four Apartments and Erection of Ten
Dwellings, 425 Crewe Road, Winterley for Pochin Homes Ltd
REFUSED:
Reasons
1 The
proposed development fails to provide affordable housing within the
settlement boundary of Winterley and therefore conflicts with
Policy RES.7 of the Borough of Crewe and Nantwich Replacement Local
Plan 2011.
2 The part of
the site that falls outside the settlement boundary is not
considered to represent an acceptable rural exceptions site due to
the harm that would be caused to the character and appearance of
the open countryside and taking into account the potential for
windfall sites and provision of affordable housing within the
settlement boundaries of Haslington and Winterley. It is not
considered that there are planning benefits that would warrant
departing from the local plan policies regarding affordable
housing. This is contrary to Policies NE.2, RES.7 and RES.8
of the Borough of Crewe and Nantwich Replacement Local Plan
2011.
(Note: In accordance with
Procedure Rule 26(2), Councillor Mottram spoke on the application
having given the required notice.)
6.
P08/0399 Erection of Two
Detached Dwellings, 69 Crewe Road, Haslington
for Malley Regeneration Ltd
APPROVED: Conditions
1 Standard
2 Materials
3 Surfacing
materials
4 Obscure
glazing to north east window (House 1)
5 Access,
turning and car parking to be provided
6 Garage
details
7 Landscaping
8 Landscaping
implementation
9 Permitted
development rights removed
10
Boundary treatment
11
Drainage
12
Brick reveals
13
Retention of garage
14
Approved plans
(Note: In accordance with
Procedure Rule 26(2), Councillor Mottram spoke on the application
having given the required notice.)
7.
P08/0436 Residential
Development Comprising Eight
Dwellings (Resubmission of P07/1175), Land at
Kettle Lane, Chapel End, Audlem for Welcome Homes
REFUSED:
Reasons
1 In the
opinion of the Local Planning Authority the range of buildings
running into the site displays suburban character, in which houses
are designed as a series of separate massing units, most displaying
added decorative features to each stand out individually both at
close range and when viewed from a distance. There is little
group value, and no sense of containment or completeness to the
form. It therefore creates a visual challenge to the muted
and subdued landscape character and the proposal creates a threat
to the sense of completeness of the village as a well defined and
clustered community. Furthermore, the units by reason of
their size, design and bulk when taken cumulatively, will appear
disjointed and discordant in relation to the character and
appearance of the existing dwellings on Kettle Lane and the rural
vernacular and as such would detract from the quality of the built
environment. The proposal is contrary to Policies BE.1
(Amenity), BE.2 (Design Standards) and advice contained within
PPS1: Delivering Sustainable Development.
2 In the
opinion of the Local Planning Authority the new residential
developments is in the open countryside where there is a
presumption against new residential development. Whilst it
would constitute the redevelopment of a brownfield site it would
also encroach onto undeveloped land. The proposal is
therefore an inappropriate form of development and contrary to
advice advocated within PPS 3: Housing and Policy NE.2 (Open
Countryside) of the Borough of Crewe and Nantwich Replacement Local
Plan 2011.
3
In the opinion of
the Local Planning Authority the height and close proximity to the
boundary of Plot No. 3 would have an overbearing impact and would
overshadow the gardens of plots no. 1 and 2 and would appear very
oppressive when viewed from this property. This would be to
the detriment of their residential amenity and therefore contrary
to Policies BE.1 (Amenity) and BE.2 (Design Standard) of the
Borough of Crewe and Nantwich Replacement Local Plan
2011.
4
In the opinion of
the Local Planning Authority the size of the units is
disproportionate to the area of the site and would create a cramped
form of development which is out of character with the area and the
open countryside. The proposal is therefore an inappropriate
form of development and is contrary to advice advocated within
PPS1: Delivering Sustainable Development and PPS3: Housing and
Policy BE.2 (Design Standards) of the Borough of Crewe and Nantwich
Replacement Local Plan
2011.
8.
P08/0444 One Detached Dwelling,
Land adjacent to 79 Crewe Road, Haslington
for Miss J Holmes
APPROVED: Conditions
1 Standard
2 Plans
3 Materials
4 Boundary
treatment
5 Remove
all permitted development rights
6 No
development until ground floor window in west elevation of 79 Crewe
Road closed in accordance with a scheme to be submitted and
approved.
7 No
development until first floor bedroom window in west elevation of
79 Crewe Road has been relocated in accordance with a scheme to be
submitted and approved
8 No
development until first floor bathroom window in west elevation of
79 Crewe Road has been fitted with obscure glass which shall be
retained
9 Parking
10
Access point to highway authority
specification
(Note: In accordance with
Procedure Rule 26(2), Councillor Mottram spoke on the application
having given the required notice.)
9.
P08/0498 Conversion of Former
Public House and Managers Flat To One
Dwelling and Erection of 9 Residential Apartments with Car Park,
Cheshire Cheese, 56 Crewe Road, Nantwich for Alexandra Countryside
Investments Ltd
DEFERRED:
Reason
For further information and consultation with
the public to ascertain the contribution of the facility to the
community.
(Note: In accordance with
Procedure Rule 26(2), Councillor McGinnis spoke on the application
having given the required notice.)
10.
P08/0499 Conversion of Barns
into 7 Residential Units, Amendment to Approved P05/1420, Dodcott
Grange, Lodmore Lane, Burleydam for Mr D
Harris
APPROVED:
Conditions
1 Materials
2 Details
of garage doors
3 Boundary
treatment
4 Surfacing
of driveway
5 Removal
of livestock buildings shown for removal
6 Rebuilding
contained areas identified in structural survey
7 Retention
of ventilation apertures and dentil course
8 Parking
provision
9 Visibility
splays and passing places
10
No enlargement or alteration
11
No incidental buildings within curtlidge
12
Septic tank
13
Approved plans
11. P08/0504
Conversion of Remaining Structures
of Barn and Reconstruction of Collapsed Barn
to Form Four Dwellings, Little Heath Barn, Cheshire Street,
Audlem for Markden Homes
RESOLVED: That the application be referred to full Council
for determination as a departure from the Borough of
Crewe &
Nantwich Replacement Local Plan 2011 with a recommendation to
APPROVE subject to the following conditions:
1
Standard
2 Plans
3 Materials
to use reclaimed materials
4 Drainage
details
5 Vehicular
access details
6 Removal
of agricultural buildings
7 Boundary
treatments
8 Surfacing
materials
9 Residential
curtlidge to be defined
10 Removal
of permitted development rights
11 Landscaping
scheme
12 Implementation
of landscaping
13
Metal rainwater goods
14
Timber windows and doors
15 Timber
garage doors
16
Conservation roof lights
17 Tree
protection
18 Implementation
of tree protection
19 Sample
brick panel to be constructed for
approval
12.
P08/0513 Change of Use from
Redundant Agricultural Buildings to Five
Dwellings and Demolition of Modern Agricultural Buildings, Dorfold
Dairy House, Dig Lane, Acton for Mr R Roundell
RESOLVED: That authority be delegated to the
Development Control Manager to APPROVE the
application subject to negotiations relating to the garaging,
parking and hard-standing layout on the site and the following
conditions -
1 Standard
2 Plans
3 Materials
4 Compliance
with structural report
5 Removal
of modern agricultural buildings
6 Roof
lights to finish flush with roof
7 Details
of treatment of ventilation openings
8 Bin
stores
9 Contaminated
land report
10
Removal of permitted development rights for extensions, roof
alterations, outbuildings, means of enclosure
11
Define extent of curtidge
12
Drainage
13
Timber windows/doors and reveal
14
Metal rainwater goods
15
Boundary treatment
16
Landscaping scheme
17
Implementation of landscaping
18
Retention of open bay to Barn 1
19
Graduated slate pattern
20
Works to stop if protected species are found
21
Mitigation measures for bats
22
Mitigation measures for nesting birds (including barn owls)
23
Inspection for nesting birds prior to the commencement of
development
24
Surfacing materials
25
Trusses, beams and rafters to remain
26
Passing places and access details onto Dig Lane
27
Hedgerow removal to be outside nesting season and replacements
planted
28
Agricultural buildings not to be used for livestock or manure
13.
P08/0514 Erection of Five
Dwellings and Part Amendment to Approved
Layout of Planning Application P06/1237, Land to Rear of
201-213 Middlewich Street, Crewe for Mr N Reynolds
REFUSED:
Reasons
1
The proposal fails to achieve a high standard of design due to the
inappropriate design characteristics of the terrace block which
fails to respect the pattern and character of the proposed street
scene and would furthermore involve the storage of waste
receptacles on the frontage of Plot 18 resulting in an adverse
affect on the proposed street scene all contrary to the provisions
of Policy BE.2 (Design Standards) of the Borough of Crewe and
Nantwich Replacement Local Plan 2011.
2 Due to the
lack of affordable housing provision the proposed development
fails to contribute towards meeting the need for such
accommodation in the Borough as identified by the Housing Needs
Survey 2005 contrary to the provisions of Policy RES.7
Modified (Affordable Housing within the Settlement Boundaries of
Crewe, Nantwich and Villages listed in Policy RES.4) of the
Borough of Crewe and Nantwich Replacement Local Plan 2011 and
guidance contained in PPS 3:
Housing.
14.
P08/0518 Change of Use from
Dwelling into Four Self Contained Flats
(Amended Site Address), 241 Nantwich Road, Crewe for Mr L
Riley
REFUSED: Reason
The Local Planning Authority considers that
the proposal would have a significant adverse impact on the
amenities of future occupants by reason of direct overlooking
between a bedroom window and a lounge window located 1m apart
serving separate units on the ground floor. As a consequence
the proposals are contrary to Policy BE.1 (Amenity) of the Borough
of Crewe and Nantwich Replacement Local Plan
2011.
15.
P08/0551 Change of Use of
Redundant Agricultural Barns into 6 Dwellings,
Construction of 6 Garages and an Underground Calor Gas Storage
Area, The Mount, Hadley Hall Road, Norbury for Mr C Gleave
APPROVED: Conditions
1 Standard
2 Materials
3 Window
and external door specifications
4 Removal
of all permitted development
5 Surfacing
materials
6 Access
details
P08/0551
(Cont’d)
7 Contaminated
land survey
8 Implementation
schedule of bat mitigation measures
9 Conversion
only
10
Schedule of approved plans
(Note: At this point in the
meeting Councillor Richardson declared a personal interest in the
following two items as a member of the County Council’s Planning
Committee.)
16.
7/2008/CCC/7
New Road Access to Join Up to Existing Road on
Whittakers Green Farm (County Consultation) for Mr F H
Rushton
RESOLVED: That Crewe and Nantwich Borough Council objects
to the proposal and asks that Cheshire County Council
consider refusal of the application on the following grounds –
1 The
proposed development does not constitute development which is
essential for the purposes of agriculture, forestry, outdoor
recreation, essential works undertaken by public service
authorities or statutory undertakers, or for other uses appropriate
to a rural area. It is therefore contrary to Policy NE.2 of
the Borough of Crewe and Nantwich Replacement Local Plan
2011.
2 The Great
Crested Newt Survey submitted as part of this application to
identify whether or not Great Crested Newts are present in this
area or any mitigation measures to protect the Great Crested
Newt during the construction works is considered to be
inadequate. In the absence of this information, to allow
this development would be contrary to Policies NE.5 (Nature
Conservation and Habitats) and NE.9 (Protected Species) of the
Borough of Crewe and Nantwich Replacement Local
Plan 2011.
(Notes: 1) In accordance with
Procedure Rule 26[2], Councillors Brickhill and Dwyer spoke on the
application having given the required notice. 2) Councillor
Richardson abstained from voting which has been recorded in
accordance with Procedure Rule 18[2].)
17.
7/2008/CCC/9
Variation of Condition 14 of Application P04/0124
To Change Green Waste Vehicle Movements from
5 In/5 Out From Site to 20 In/20 Out From Site, Whittakers
Green Farm, Pewit Lane, Hunsterson for Mr F H Rushton
7/2008/CCC/9
(Cont’d)
RESOLVED: That Crewe and Nantwich Borough Council
objects to the proposal and asks that Cheshire County Council
consider refusal of the application on the following grounds
–
1.
The intensification of the business activities associated with the
increased vehicle movements will result in a scale of operation
that is considered too large and out of character with the tranquil
rural setting contrary to the provisions of Policy E.6 (Employment
Development within Open Countryside) of the Borough of Crewe and
Nantwich Replacement Local Plan
2011.
2.
The applicant has failed to prove that the increased vehicle
movements will not have a prejudicial impact on the safe movement
of traffic or neighbouring amenity contrary to the provisions of
Policy BE.1 (Amenity) of the Borough of Crewe and Nantwich
Replacement Local Plan 2011.
(Notes: 1) In accordance with
Procedure Rule 26[2], Councillors Brickhill and Dwyer spoke on the
application having given the required notice. 2) Councillor
Richardson abstained from voting which has been recorded in
accordance with Procedure Rule 18[2].)
APPOINTMENT OF CONSERVATION AREAS
SUB-COMMITTEE 2008-2009
4
The Development Control Committee had appointed a Conservation
Areas Sub Committee on three previous occasions (05/06, 06/07 and
07/08) to “Consider and recommend to the Development Control
Committee, approval of an overall programme of work over the next
five years for the re-visiting, updating and re-consulting of 13
appraisal reports previously approved”.
Having completed this work, 5 conservation
areas remained to be considered (Audlem [Woore Road], Cox Bank
[Audlem], Reaseheath, Wrenbury and Wybunbury). The Committee
was invited to reappoint the Sub-Committee on a proportionality
basis of 2:2:1.
RESOLVED: That Councillors Charlesworth, Goff,
Howell, Martin and Wright be appointed to the Conservation Areas
Sub-Committee for 2008-2009.
TREE PRESERVATION ORDER: BASFORD WEST
WILDLIFE AREA, OFF CREWE ROAD, SHAVINGTON CUM GRESTY (ORDER NO.
213) TPO 2007
5
A provisional Tree Preservation Order was made on 13th
November 2007, in order to safeguard a number of trees made up of a
variety of species growing within mature hedgerows dividing fields
lying to the south and east of Crewe Road, Shavington.
The report of the Borough Solicitor gave
details of representations received relating to the Order.
Having considered the comments made, the Committee was invited to
confirm modifications to the Order which would omit references to a
small number of trees on the site.
RESOLVED: That the Basford West Wildlife
Area, off Crewe Road, Shavington-cum-Gresty (TPO No. 213) made
provisionally on 13 November 2007 be confirmed with the following
modifications;
i) Oak tree originally numbered as
T15 and part of Group G9 to be omitted from the Order as set out in
paragraph 2b of the updated report;
ii) Oak tree previously included
in Group G9 to be renumbered as T15;
iii) Group G10 and G 11 to be renumbered
G9 and G10 respectively.
TREE PRESERVATION ORDER: LAND REAR OF
194 MIDDLEWICH STREET, CREWE (ORDER NO.215) TPO 2007
6
The report of the Borough Solicitor gave details of a provisional
Tree Preservation Order made on 15th November 2007 to
protect an Oak Tree, located on land maintained as rear gardens
between 194 Middlewich Street and 65 Sycamore Avenue, which it was
thought was under threat from felling.
Representations relating to the Order had been
received but, in the opinion of the Local Authority, the grounds
put forward in support of felling had not been substantiated.
The Committee was therefore, invited to confirm the Order without
modification.
RESOLVED:
That the Land rear of 194 Middlewich Street,
Crewe (Order No. 215) TPO 2007 made provisionally on
15th November 2007 be confirmed without
modification.
TREE PRESERVATION ORDER: 84 WISTASTON
ROAD, WILLASTON (ORDER NO. 218) TPO 2007
7
The report of the Borough Solicitor gave details of a provisional
Tree Preservation Order made on 6th December 2007 to
protect a Beech Tree located to the side of 84 Wistaston Road,
Willaston; as the tree stood on land which might be the subject of
future
development.
No objections had been received and the
Committee was invited to confirm the Order without
modification.
RESOLVED: That the 86 Wistaston Road,
Willaston (Order No. 218) TPO 2007 made provisionally on
6th December 2007 be confirmed without
modification.
URGENT ITEM: TREE PRESERVATION ORDER -
MILLSTONE LANE (WEST), NANTWICH (ORDER NO. 217) TPO 2007
8
The Chairman had agreed for this item to be considered by the
Committee as a matter of urgency.
The Committee had deferred determination of
Tree Preservation Order: Millstone Lane (West), Nantwich (Order No.
217) TPO 2007 at its meeting on 29th April 2008 to
enable a site inspection to be held to allow Members to assess the
amenity value of a Lime Tree (T3); which was included in the
Order.
The inspection had taken place on 23 May 2008
and the recommendation of the Borough Solicitor was to confirm the
Order without modification.
RESOLVED:
That the Millstone Lane (West) Nantwich (Order No.
217) TPO 2007 be confirmed without modification.
URGENT ITEM: APPLICATION TO FELL -
LIME TREE T3, MILLSTONE LANE (WEST), NANTWICH (ORDER NO.217) TPO
2007
9
The Chairman had agreed for this item to be considered by the
Committee as a matter of urgency.
The Committee had deferred determination of an
application to fell: Lime Tree T3, Millstone Lane (West), Nantwich
(Order No. 217) TPO 2007 at its meeting on 29th April
2008 to enable a site inspection to be held to allow Members to
assess the amenity value of the Lime Tree (T3) and establish its
impact on residences.
The inspection had taken place on 23 May
2008. The report of the Borough Solicitor proposed no changes
to the original recommendation which was to reject the application
in favour of pruning works.
RESOLVED: a) That authority be delegated to
the Development Control Manager to defer the application for a
period of 3 months commencing from 29 April 2008 to enabled the
applicants to provide expert evidence to support the structural
damage claims; and b) Consent for pruning works to Lime Tree T3,
Millstone Lane (West), Nantwich (Order No. 217) TPO 2007 (as
detailed in Mr Griffies' report of 18 January 2008) be
granted.
STREET NAMING: MEADOW VIEW,
WILLASTON (LAND OFF WISTASTON ROAD, WILLASTON)
10 The
Committee considered the report of the Borough Planning Officer
which suggested the name “Meadow View” for the development situated
on land off Wistaston Road, Willaston. The name had been
suggested by the developer, Thomas Jones and
Sons.
It was reported that the Royal Mail and
Parish Council had been consulted on the proposal and had no
objection.
RESOLVED: That the name “Meadow View” be
accepted for inclusion in the Local Land and Property
Gazetteer.
PLANNING APPLICATIONS DETERMINED UNDER
DELEGATED AUTHORITY
11 The
Committee received for information the report of the Borough
Planning Officer which gave details of the outcome of planning
decisions delegated to and determined by the Borough Planning
Officer during the period 16 April 2008 to 13 May 2008.
OUTCOME OF PLANNING
APPEALS
12 The
Committee received for information the monitoring report of the
Borough Planning Officer which gave details of the results of the
following appeals:
|
|
Application:
|
P07/0410
|
|
|
Proposal:
|
Outline application for one dwelling and
detached garage
|
|
|
Location:
|
Land adjacent to Rookery Park Cottage, Rookery
Park, Worleston
|
|
|
Recommendation:
|
To refuse the application
|
|
|
Decision:
|
Application refused
|
|
|
Outcome:
|
Appeal upheld
|
|
|
|
|
|
|
Application:
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P07/0920
|
|
|
Proposal:
|
Conversion of existing building into two
semi-detached houses
|
|
|
Location:
|
Unit 1, Rear of Smallman Road, Crewe
|
|
|
Recommendation:
|
To refuse the application
|
|
|
Decision:
|
Application refused
|
|
|
Outcome:
|
Appeal dismissed
|
|
|
|
|
|
|
Application:
|
P07/1319
|
|
|
Proposal:
|
Two storey side and rear extension and front
dormer
|
|
|
Location:
|
83 Ashcroft Avenue, Shavington
|
|
|
Recommendation:
|
To refuse the application
|
|
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Decision:
|
Application Refused
|
|
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Outcome:
|
Appeal dismissed
|
………………………… Chair