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