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DEVELOPMENT CONTROL COMMITTEE
 
27TH JULY 2006
 
PRESENT:   Councillor M A Hollins (Chair);
Councillors W S Davies, R E Dodd, T R Dunlop, B H Dykes, A Fawcett, R Jones, A Moran, A Richardson, C G Thorley, C Waling, M J Weatherill and J Wright     
 
In Attendance:   Councillors R A Bailey, J Hammond and R Westwood
 
DECLARATIONS OF INTEREST
 
20        At the previous meeting, Councillor Moran declared a personal interest in application P05/1628 as an objector's husband was a work colleague.  Subsequently it had transpired that his colleague was the owner of a property directly affected by the proposal and in light of this information Councillor Moran declared a personal and prejudicial interest in item 4 (P05/1628). 
 
Councillor Dodd declared a personal and prejudicial interest in item 4 (P05/1628) as the applicant was a relation.  Councillor Hollins declared a personal and prejudicial interest in item 10 (P06/0541) as she was the applicant and a personal and prejudicial interest in item 19 (P06/0678) as a family friend of the applicant.   
 
(Note:  All declarations were made in respect of the planning applications list.)
 
MINUTES
 
21            RESOLVED:   That the Minutes of the meeting held on 29th June 2006 be approved as a correct record.
 
APPLICATIONS UNDER THE TOWN AND COUNTRY PLANNING ACT 1990
 
22        The Borough Planning Officer submitted the following applications for determination.
 
1.            P05/1309     Demolish Existing Industrial Workshop Unit and Replace with a Single Storey Office Building (B1 Use), Land at Bunbury Lane, Bunbury for Castlemead Homes Limited  
 
REFUSED:     Reason
 
The Local Planning Authority having regard to all relevant facts and representations as well as the comments from Cheshire County Council Highway Authority considers the vehicular access to be of an inadequate width to sustain the vehicle movements likely to be generated by the proposed office use.  The Local Planning Authority considers that this would result in queuing of vehicles back onto Bunbury Lane, to the detriment of the highway safety and in conflict with Policy BE.3 (Access and Parking) of the Borough of Crewe and Nantwich Replacement Local Plan 2011.         
 
2.            P05/1459     Two Storey Office Building & Car Park, Unit 1, Green  Lane, Wardle for Rowlinson Group Limited 
 
REFUSED:     Reason
 
The Local Planning Authority having regard to all relevant facts, representations and information submitted in respect of this application considers that the application site forms an important natural buffer between the domestic properties at 1-4 Green Lane and the existing industrial/storage premises.  It therefore considers that the development would result in an unjustified incursion into open countryside and that there is insufficient justification in terms of the requirement to site the proposed office building on this existing greenfield site.  The development would therefore conflict with Policy NE.2 (Open Countryside) of the Borough of Crewe and Nantwich Replacement Local Plan 2011.            
 
3.            P05/1618      Erection of Sheltered Apartments for the Elderly
(Category II Type Accommodation) and House Manager's Accommodation with Landscaping and Car Parking, Land off Red Lion Lane, Nantwich for McCarthy & Stone (Developments) Ltd  
 
RESOLVED:  That delegated authority be granted to the Borough Planning Officer in consultation with the Chair to approve the application subject to 1) highway improvements to Red Lion Lane being secured; 2) the completion of a legal agreement for i) a commuted sum payment of £100,000 for the provision of affordable housing in the area, to be paid prior to the occupation of the first unit, ii) occupation of the units to be limited to single persons not less than 55 years of age or joint residents one of whom is not less than 55 years of age or a survivor of such a joint resident, iii) the provision of communal facilities, site warden communal alarm system and care and support services; and 3) the following conditions -         
 
1                 Standard
2                 Materials
3                 Amended plans
4                 Minimum levels
5                 Implementation of landscaping
6                 Confirmation of details relating to sandstone wall
7                 Details of colour of railings and finials
8                 Implementation of boundary treatment
9                 Surface materials
10               Access
11               Pedestrian link from Holland Walk
12               Details of ambulance parking
13               3.5m clearance for vehicular access
14               Pedestrian access but no vehicular access from Red Lion Lane
15               Parking
16               Archaeological investigation
17               Contaminated land
18               Tree protection measures to overhanging trees
19               Retention and stabilisation of boundary wall to Townwell Court
20               Obscure glazing
21               Drainage
22               Waste recycling facilities
23               Cycle/buggy store
           
(Note: Having previously declared an interest, Councillors Dodd and Moran withdrew from the meeting.) 
 
4.            P05/1628      Demolition of Existing Bungalow and Garage and 
Erection of Replacement Dwelling, 28 Cheerbrook Road, Willaston for c/o Knight & Sons Solicitors
 
REFUSED:   Reason
 
The Local Planning Authority having considered all relevant facts and representations considers that the proposed rear balcony would give rise to direct overlooking onto the private open space of the adjacent properties at 26a and 32 Cheerbrook Road and would therefore result in a loss of amenity to the occupants of these properties.  The development therefore conflicts with Policy BE.1 (Amenity) of the Borough of Crewe and Nantwich Replacement Local Plan 2011.       
 
5.            P06/0312     Erection of a 112 Bedroom Hotel with Associated Car      
Parking, Access Servicing and Landscaping Arrangements, Plot 1 Electra Way, Crewe for New World Crewe Ltd and Pochin Developments Ltd   
 
RESOLVED:  That the application be referred to Council for determination as a departure from the Borough of Crewe and Nantwich Replacement Local Plan 2011 with the following recommendation
 
APPROVE:   Conditions
 
1                 Standard
2                 Materials
3                 Amended plans
4                 Access construction
5                 Visibility splays
6                 Parking
7                 Bin store
8                 Covered secure cycle store
9                 Parking for motorised 2-wheeled vehicles
10               Tree protection
11               Off site tree works
12               Landscaping as per submitted scheme including the provision of the feature entrance planting both sides of the access road and additional hedgerow or tree planting around car park
13               Details of surface materials
14               Maintenance of landscaping
15               Pedestrian linkage to Electra Way 
16               Boundary treatment (if any)
17               Travel plan
18               Surface water regulation system
19               Oil interceptors to car park
20               Details of substation       
21               Great Crested Newts fencing 
           
6.            P06/0341     One Storage/Packing Building, Two Polytunnels and the 
Construction of an Access Track, Land at Dodds Green Lane, Grindley Green, Burleydam for Mr & Mrs I Clarke      
 
DEFERRED:  Reason
 
Site Inspection requested due to concerns relating to highway access and the footprint of the site.
 
7.            P06/0342     Temporary Wooden Agricultural Workers Dwelling,     
Land at Dodds Green Lane, Grindley Green, Burleydam for Mr & Mrs I Clarke    
 
DEFERRED:   Reason
 
Site Inspection requested due to concerns relating to highway access and the footprint of the site.
 
8.            P06/0346     One Dwelling, Land at Holly House, 21 Stafford Street,
Audlem for Mr & Mrs M Measures      
 
APPROVED:   Conditions
 
1                 Standard
2                 Materials
3                 Amended plans   
4                 Boundary treatment
5                 Landscaping scheme
6                 Size, species and position of trees
7                 Planting season
8                 Retention of trees
9                 Details of hedge and tree protection
10               Erection of protective fencing
11               Surfacing materials
12               Obscure glazing
13               Widening of access and constructed to Cheshire County Council specification
14               Written notice and provision of access to Historic Planning Officer (Archaeology)
15               Permitted development rights removed
16               Details of finished slab levels 
 
9.            P06/0469      Outline Application for Three Dwellings, Land adjacent  
To 69 Audlem Road, Nantwich for Mr S A Reade    
 
APPROVED:   Conditions
 
1                 Outline approval of the reserved matters
2                 Outline submission of the reserved matters
3                 Outline expiration of the reserved matters
4                 Commencement of development
5                 Construction of the access
6                 Boundary treatment implementation
7                 Materials
8                 Access
9                  Amended plans
10               Drainage
11               Car parking provision
12               Landscaping
13               Implementation    
 
(Note:  Having previously declared an interest, Councillor Hollins withdrew from the meeting.  Councillor Thorley took the Chair for this item.)        
 
10.            P06/0541     Removal of Agricultural Occupancy Condition attached  
to Application 7/18258, Oak Lodge, Burleydam for Mr & Mrs Hollins    
           
APPROVED
 
(Note: Councillor Hollins rejoined the meeting and resumed in the Chair.)  
 
11.            P06/0554     Five Dwellings, Nessina Grove, Wistaston for Muller
Property Holdings    
 
DEFERRED:   Reason 
 
To obtain Highway Authority advice regarding the width of the road and to confirm accessibility of the road for emergency and refuse vehicles.
 
(Note: In accordance with Procedure Rule 26(2), Councillor Westwood spoke on the application with the permission of the Committee.)      
 
12.            P06/0570     Demolition of Existing Buildings and Construction of 14 
Apartments, 228-230 Alton Street, Crewe for Mainframes Developments Ltd (t/a RP Webb) 
 
APPROVED:   Conditions
 
1                 Standard
2                 Materials
3                 Surfacing materials
4                  Boundary treatment
5                 Tree planting
6                  Landscaping/tree protection
7                 Landscaping implementation
8                  Parking provision
9                  Demolition of existing buildings
10               Obscure glazing
11               Bin storage
12               Cycle storage
13               Drainage details/diversion of sewer
14               Contaminated land survey
15               Approved plans     
 
13.            P06/0579     Agricultural Building for the Storage of Hay and     
Machinery, Land at Bradeley Hall Farm, Haslington for Mr & Mrs A J Walton       
 
REFUSED:   Reason
 
The proposed development by reason of the building not being satisfactorily sited in relation to existing buildings would have a detrimental affect on the open countryside contrary to Policy NE.14 (Agricultural Buildings Requiring Planning Permission) of the Borough of Crewe and Nantwich Replacement Local Plan 2011. 
 
(Note: In accordance with Procedure Rule 26(2), Councillor Hammond spoke on the application having given the required notice.)
 
14.            P06/0609     Conversion of Existing Barn to Five Dwellings, New   
Garage Block to serve Existing Farmhouse and Garage Block for Barn Conversion, Cooks Pit Farm, Woodhey Faddiley for Windward Estates (Northwest) Ltd
 
APPROVED:     Conditions
                       
1                 Standard
2                  Plans
3                  Materials
4                  Surfacing materials for circulation and parking areas
5                  Construction of windows and doors
6                  Access details
7                 Access to Cheshire County Council specification
8                 Parking provision
9                 Drainage details
10               Removal of permitted development rights extensions or alterations
11               Removal of permitted development rights ancillary buildings
12               Contaminated land survey
13               Agricultural operations shall cease
14               Landscaping to be submitted
15               Landscaping to be completed
16               Satisfactory visibility splays    
   
15.            P06/0611      Internal Security Shutter, 17 Earle Street, Crewe for  
Crewe and Nantwich Borough Council  
 
APPROVED:   Conditions
 
1            Standard
2            Plans
3            Colour     
 
16.            P06/0613     Listed Building Consent for Internal Security Shutter,      
17 Earle Street, Crewe for Crewe and Nantwich Borough Council   
 
RESOLVED:     That the application be referred to Government Office with a recommendation to approve subject to the following conditions -     
 
1            Standard
2            Plans
3            Colour             
 
17.            P06/0629      Conversion of Barns to form Five Dwellings, Alpraham
Hall Farm, Hilbre Bank, Alpraham for Leverhulme Estates    
 
RESOLVED:  That authority be delegated to the Borough Planning Officer to approve the application subject to: 1) the receipt of mitigation works for bats; 2) the receipt of satisfactory amended details for the scale and design of the garage, boundary treatment to the private gardens, the retention of the existing access for the farmhouse and omission of the proposed access; and 3) the following conditions -
 
1                 Standard
2                  Plans
3                 Materials
4                  Landscaping to be submitted
5                 Landscaping to be completed
6                 Surfacing materials
7                  Boundary treatment implementation
8                 Contaminated land survey
9                 No demolition or rebuilding of areas
10               Details of visibility splay
11               New access to Cheshire County Council specification
12               New access to Cheshire County Council specification
13               Permitted development rights removed
14               Existing access closed
15               Agricultural activity shall cease
16               Details of treatment of proposed paddock land
17               Bin storage details
18               Roof-lights shall be recessed
19               Nocturnal survey to be carried out for Bats, prior to commencement of development
20               Work shall cease if any protected species are found during construction and advice sought
21               Colour finish to windows and doors
 
18.            P06/0632     One Wind Turbine, Tesco Extra, Vernon Way, Crewe for  Tesco PLC     
 
APPROVED:   Conditions
 
1                   Standard
2                   Materials  
3                   Approved plans
4                   Noise restriction    
 
(Note: Having previously declared an interest, Councillor Hollins withdrew from the meeting.  Councillor Thorley took the Chair for this item.)        
 
19.            P06/0678     Substitution of House Types (Plots 1 8), Old  
Industrial Premises, Millstone Lane, Nantwich for John Warrington Homes       
 
REFUSED:  Reason
 
The Local Planning Authority considered that the proposed development is unacceptable by reason of its inappropriate detailing, form and design which would not be complementary to the building's appearance and the surrounding street scene.  The proposal fails to take the opportunity to improve the street scene and, as such, the development would materially harm the character and form of the street scene and would be contrary to BE:2 (Design Standards) of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and advice contained in PPS1 (Delivering Sustainable Development)      
 
(Note: Councillor Hollins rejoined the meeting and resumed in the Chair.)  
 
20.            P06/0682     Listed Building Consent for Barn Conversion to Five
Dwellings and Construction of Five Garages, Alpraham Hall Farm, Hilbre Bank, Alpraham for Leverhulme Estates 
 
APPROVED:   Conditions
 
1            Standard
2            Plans
3            Materials
4            Boundary treatment
5            Details of windows and doors
6            Details of rainwater goods
7            Colour finish of windows and doors
 
PLANNING APPLICATION P05/1021 (OUTLINE APPLICATION MODUS)
 
23        On 1st June 2006, the Committee considered planning application P05/1021 (Crewe Town Centre Redevelopment for Modus Corovest Ltd).  Planning approval was granted subject to the applicant entering into a planning agreement and Council approving an element of the development which was a departure from the Borough of Crewe and Nantwich Replacement Local Plan 2011.        
 
The Minutes from the meeting on 1st June had omitted to record phasing as a requirement of the planning agreement, although it had been agreed by the Committee.  The Committee was therefore invited to amend Minute 3.1 of 1st June 2006 accordingly. 
 
Due to the complexity of the agreement, it was also considered prudent for an element of flexibility to be incorporated into the procedure.  To achieve this, the report of the Borough Solicitor invited the Committee to grant authorisation to the Borough Planning Officer, in consultation with the Borough Solicitor, to include such matters as were considered necessary into the planning agreement. 
 
RESOLVED: a) That Minute 3.1 of 1st June 2006 and approved at the meeting on 29th June 2006 in respect of planning application P05/1021 be amended to include phasing as a requirement of the Planning Agreement; and
b) That the Borough Planning Officer, in consultation with the Borough Solicitor, be authorised to require such other matters as considered necessary to be included within the Planning Agreement. 
 
SECTION 52 AGREEMENT AT WALNUT CROFT, POOLE
 
24        In August 1986, a legal agreement was entered into between the Borough Council and Mrs & Mrs Holman, the owners of an agricultural workers dwelling known as Walnut Croft.  The agreement prohibited the land and dwelling from being used for any purpose other than agricultural and required the dwelling and land to be retained in the same ownership. 
 
Mr & Mrs Holman wished to sell the property but were unable to do so due to the covenants in place.  As there was no provision in law to discharge the agreement, an agreement would need to be reached with the local authority that at no time in the future would the restrictions of the legal agreement be enforced.  The Committee was asked to approve such an agreement. 
 
RESOLVED: That no enforcement action be taken in relation to the covenants contained in the agreement dated 22nd August 1986 made between John David Holman and Bernice Holman and Crewe and Nantwich Borough Council in respect of the property known as Walnut Croft, Poole. 
 
APPLICATION FOR THE DIVERSION OF PART OF PUBLIC FOOTPATH NO.5 IN THE PARISH OF BLAKENHALL
 
25        An application had been received from Dobson Chapman Architects on behalf of Mrs M Beresford to divert part of Public Footpath Blakenhall No.5 to enable development to take place at Hayes Farm, Mill Lane, Blakenhall. 
           
Following consultation, Cheshire County Council's Public Rights of Way Unit objected to the Order made on 23rd February 2006 as the line of new path ran too close to the buildings.  As the objections to the Order could not be overcome, the Committee was invited to approve the making of a new Order to facilitate the development. 
 
RESOLVED:  That all necessary steps be taken to secure the diversion of part of Public Footpath Blakenhall No.5 along the route on the plan submitted to the report including the making of a new Order under Section 257 of the Town and Country Planning Act 1990 to achieve the same diversion as in the Order made on 23rd February 2006 but with the Public Right of Way Unit's objections addressed. 
 
APPOINTMENT OF CONSERVATION AREA SUB-COMMITTEE EVALUATION TEAM
 
26        Local Planning Authorities had a statutory duty to carry out appraisals on each of their conservation areas under Section 69M & 71 of the Planning (Listed Buildings and Conservation Areas) Act 1990.  On 28th June 2005, a programme of appraisals for the period 2005 2009 was approved by the Development Control Committee.
 
The programme for 2006-2007 required that appraisal reviews be carried out on Acton, Barthomley, Bunbury (Higher), Bunbury (Lower), Church Minshull, Englesea Brook, Marbury and Peckforton.  A requested had also been received to bring forward the appraisal for Weston from 2007-2008 to 2006-2007 on the proviso that the work could be carried out in the time available. 
 
The report of the Borough Planning Officer sought nominations from the Committee (on a political proportionality basis of 2:2:1) to form the Conservation Area Sub-Committee Evaluation Team and sought authority to include Weston in the areas for appraisal for 2006-2007. 
 
RESOLVED:  That a) Councillors W S Davies, B H Dykes, M Martin, C G Thorley and E Howell be appointed to the 2006 Conservation Area Sub-Committee Evaluation Team; and b) Weston be included in the list of areas for appraisal during 2006.    
 
PERFORMANCE MONITORING
 
27        The Committee received the information report of the Borough Planning Officer in respect of the following -
 
(a)       Actual performance (3rd Quarter 2005 to 2nd Quarter 2006) against determination of planning applications measured by Best Value Performance Indicators BV 109a, 109b, 109c and 188;
(b)        Planning applications received and decided (3rd Quarter 2005 to 2nd
Quarter 2006);
(c)       Building Control applications (15 June to 14 July 2006); and
(d)        Planning appeals.  
 
ENFORCEMENT ACTION
 
28        The Committee received for information the quarterly enforcement report of the Borough Solicitor.      
 
URGENT ITEM NOMINATED DAY FOR SITE INSPECTIONS
                 
29        This item had been included on the agenda as a matter of urgent business at the request of the Chair. 
 
At its meeting on 1st June 2006, the Committee had approved and adopted a Site Inspection Protocol which stipulated in paragraph 1.3 that "if a decision is taken to defer an application or agenda item for a site inspection, the inspection will, as a rule, take place on the nearest Monday (or Tuesday in the event of a Bank Holiday) prior to the next Committee meeting." 
 
The report of the Borough Planning Officer stated that the Chair had been in contact with all Members of the Committee and had established that the majority of Members preferred to undertake site inspections on a Friday.  As a result, the report invited the Committee to make a minor amendment to the protocol, the effect of which would be to substitute Monday with Friday as the agreed day for site inspections.
 
RESOLVED: That paragraph 1.3 of the Council's adopted Site Inspection Protocol be amended as set out in paragraph 1.3 of the Committee report.        
 
 
 
.........................  Chair