DEVELOPMENT CONTROL COMMITTEE

23 AUGUST 2007 

PRESENT:  Councillor M A Hollins, Chair;  

Councillors D H D Charlesworth, W S Davies, R E Dodd, B H Dykes, C Goff,

R Jones, M Roberts, J I Stockton and C G Thorley                      

IN ATTENDANCE:  Councillor A Moran     

 

DECLARATIONS OF INTEREST

26        Councillor Stockton declared a personal interest in item 4 (P07/0689) as a Member of Nantwich Town Council and due to the application site being located in her ward.  Although not a member of the Committee, Councillor Moran declared a personal and prejudicial interest in the same application as he had been consulted on the application as a near neighbour who would be materially affected by the proposal.     

Councillor Goff declared a personal interest in item 7 (P07/0782) as he had purchased a car from the applicant in the past.     

Councillor Dykes declared a personal interest in item 10 (P07/0854) by virtue of his position as a Wulvern Housing Board member.  He also declared a personal interest in item 11 (P07/0867) by virtue of his position a Bunbury Parish Councillor, stating that he had attended a public meeting on the proposed development as an observer only. 

Councillor Hollins declared a personal and prejudicial interest in item 12 (P07/0914) as she was a personal friend of the applicant. 

Councillors Charlesworth and Dodd declared personal interests in item 14 (P07/0931) as Councillor Charlesworth had worked in agriculture with the applicant and Councillor Dodd was a personal friend. 

Councillor Charlesworth also declared a personal interest in item 15 (P07/0934) as he had worked in agriculture with the application.           

(Note: All the above declarations were made in respect of the planning applications list.)        

   

MINUTES

27        RESOLVED:   That the Minutes of the meeting held on 26 July 2007 be approved as a correct record. 

 

APPLICATIONS UNDER THE TOWN AND COUNTRY PLANNING ACT 1990

28        The Borough Planning Officer submitted the following applications for determination.

1.         P06/0391       Subdivision of Existing Farmhouse into Two Dwellings,       

Barn Conversions to form 7 Dwellings and Erection of Covered Parking Area (Crown Development) at Townhouse Farm, Rushy Lane, Bathomley for Duchy of Lancaster

APPROVED:     Conditions         

1                    Standard

2                    Materials

3                    Plans

4                    Boundary treatment

5                    Surfacing materials

6                    Landscaping scheme to include foraging areas for bats and hunting areas for barn owls

7                    Maintenance and implementation of landscaping

8                    Access point to Cheshire County Council specification

9                    Details of drive construction, finish and minimum of three passing places

10               Details of improvements to visibility splays at access to be submitted, approved and implemented

11               Parking

12               Permission for conversion only.  Areas of rebuilding to be as shown on plans with structural survey

13               Method statement for Barn C including taking account of removal of trees

14               Method statement for works to the farmhouse and further report on roof areas

15               No permission for layout of courtyard as shown, further scheme to be submitted, approved and implemented

16               Scheme for replacement roof timbers in barns

17               Roof lights to be timber or metal, finished flush with the roof, details to be submitted

18               Ventilation detail to be submitted

19               Full details of bat mitigation measures

20               Full details of barn owl mitigation measures

21               Details of nest boxes to be provided

22               Windows in barns to be timber.  Large scale drawings to be submitted and approved

23               Schedule of works to windows and doors in farmhouse, windows to be single glazed in timber

24               Bin storage

25               Rain water goods to be metal

26               Contaminated land survey

P06/0391

(Cont’d)

27               Remove permitted development rights – extensions, alterations and means of enclosure

28               Method statements for Barn A

29               Method statements for Barn B            

                          

2.         P06/1001       Outline Application for the Redevelopment and         

Relocation of Existing Garden Centre Facilities, A1 and A3 Retail Units, Construction of Class C3 Residential Development, B1 Office Development, Car Parking and Ancillary Facilities and Associated Infrastructures at Stapeley Water Gardens, London Road, Stapeley for Stapeley Water Gardens Ltd/Mr R Davies              

DEFERRED:     Reason  

To allow further discussions on outstanding issues. 

 

3.         P07/0639       Outline Application for Mixed Use Development                  

Comprising Residential, Employment and Retail, New Pedestrian/Cycle Link and Associated Car Parking, Landscaping, Servicing and Access, Land at Lockitt Street/Mill Street, Crewe for Clowes Developments (North West) Ltd       

RESOLVED:  That authority be delegated to the Borough Planning Officer to APPROVE the application subject to i) the receipt of a satisfactory Flood Risk Assessment; ii) receipt of the views of the Council’s Environmental Health section regarding Noise Assessment and Air Quality Assessment; iii) the completion of a legal agreement to secure affordable housing, open space/equipped play-space and phasing of the development; and iv) the following conditions

1-3             Standard

4                    Maximum floor area for retail food development

5                    Maximum floor area for retail non-food development/bulky goods only

6                    Minimum floor area for B1 office development

7                    Footway/cycleway details as part of first reserved matters application

8                    Noise mitigation measures

9                    Design concepts identified in all reserved matters applications

10               No windows within 21 meters of properties on Wesley Place

11               Travel plan principles

12               Contaminated land mitigation measures

13               Flood Risk Assessment mitigation measures

14               Air Quality Assessment mitigation measures

15               Approved plans        

(Note: Having declared an interest, Councillor Moran withdrew from the meeting.)

 

4.         P07/0689       Two Dwellings, 39 Millfields, Nantwich for Staffordshire                 

Country Homes              

APPROVED:     Conditions

1                    Standard

2                    Materials

3                    Surfacing materials

4                    Obscure glazing

5                    Landscape to be submitted

6                    Landscape to be completed

7                    Boundary treatment

8                    Retention of garage space

9                    All permitted development rights

10               Copes Lane improvements

11               Plot 3 only to have access to Copes Lane

12               Access to Cheshire County Council standards

13               Tree protection

14               Bat mitigation

15               Trees/hedgerow not to be removed during bird nesting season

16               Drainage

17               Bin storage

18               Plans

19              Construction of vehicular passing place on Copes Lane within garden area of plot 1         

(Notes: 1. Councillor Stockton voted against the motion which has been recorded in accordance with Procedure Rule 18(2).  2. Councillor Moran rejoined the meeting.)

 

5.         P07/0749       Outline Application for the Demolition of Existing                  

Dwelling and Erection of Three Dwellings at 306 Newcastle Road, Shavington for Mr and Mrs Odams                      

DEFERRED:     Reason

Pending protected species survey being undertaken and results submitted and assessed     

 

6.         P07/0761       New Engineering Academy Building, Reaseheath College,           

Reaseheath for Reaseheath College              

APPROVED:     Conditions

1                    Standard

2                    Plans

3                    Materials

4                    Surfacing materials

5                    Landscaping submitted

P07/0761

(Cont’d)

6                    Landscaping implemented

7                    Covered cycle parking

8                    Drainage 

9                    Travel plan

10               Lighting scheme

11               Car parking 

     

7.         P07/0782       Twelve Town Houses and Two Flats, Car Sales Site,              

Wistaston Road, Crewe for Mr J Mullock              

REFUSED:     Reasons 

1          The Local Planning Authority considers that the proposed development is unacceptable as it represents an overdevelopment of the site, the layout and design of which fails to provide adequate external amenity space for the individual residential units, is over-dominated by the intensive car parking arrangement adjacent to the rear boundary of the site and is out of keeping with the prevailing character and form of the development.  As such it would be harmful to the character of the area, thereby contrary to Policy BE.2 (Design Standards) of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and advice contained in PPS1: Delivering Sustainable Development and PPS:3 Housing.

2          The Local Planning Authority considers that the proposed development is unacceptable by reason of its inappropriate scale, design and elevational composition which would result in a lack of harmony and a confused visual hierarchy for the building frontage, that would be overbearing in the street scene and fails to take the opportunity to build on local character and improve the street scene, all contrary to Policy BE.2 (Design Standards) of the Borough of Crewe and Nantwich Replacement Local Plan 2011 and advice contained in PPS1: Delivering Sustainable Development and PPS3: Housing.           

3          The proposed development would be sited in close proximity to a railway and commercial premises.  In the absence of a full vibration and noise survey, insufficient information has been provided to determine whether the site is appropriate for residential development and would not prejudice the amenity of the future occupiers.  As such the development is contrary to Policy BE.1 (Amenity) of the Borough of Crewe and Nantwich Replacement Local Plan 2011.  

 

8.         P07/0819       Barn Conversion to Four Dwellings, Conversion of                                    Barn to Farm Garage and Stable to Farmhouse and

Extension to Garden, Breeze Hill Farm, Chorley for The Cholmondeley Estate     

RESOLVED: A) That authority be delegated to the Borough Planning Officer to APPROVE the application subject to i) receipt of an additional bat survey and mitigation plan; ii) no objection from Natural England; and iii) the following conditions      

1                    Standard

2                    Reference to amended plans

3                    Materials including surfacing

4                    Boundary treatment

5                    Landscaping

6                    Landscape implementation

7                    Removal of permitted development rights for extensions, alterations, outbuildings and gates/walls/fences/satellite dishes etc.

8                    The rainwater goods to be furnished in cast metal and painted black

9                    Conservation type rooflights

10               The doors and windows to be fabricated in timber and set behind a 100mm brick reveal

11               Approval of detailed drawings, window frames and glazing screens to make provision for the existing multi-paned glazing bar patterns to the windows to remain

12               Retention of pattered air vents

13               All external timber to be painted or in a colour to be approved

14               Timber vertically boarded doors

15               High-level windows in the north elevation of unit 2 to be fitted with obscure glazing

16               Laundry window in the west elevation of unit 2 to be fitted with obscured glazing

17               Existing wooden doors to all the openings to remain and be fixed open

18               Roof trusses, beams and rafters to remain exposed and any proposal to alter roof trusses to be submitted and approved in writing

19               No metal flues

20               Removal of modern farm buildings

21               Restoration of hardstanding outside the residential curtlidge to grazing land

22               Visibility splay

23               Bat mitigation measures

24               Drainage scheme

B) If a satisfactory bat survey and mitigation plan is not received or objections are raised by Natural England, authority be delegated to the Borough Planning Officer to REFUSE the application on the grounds of insufficient information with regard to safeguarding protected species and their habitat.              

 

9.         P07/0823       Phase 2 of Hotel/Conference Facilities to include 102          

New Bedrooms, Extensions to Training Wing and New Leisure Centre to Additional Car Parking and Hard/Soft Landscaping (Resubmission of P06/1013), Wychwood Park, Weston for Verve Venues               

APPROVED:     Conditions

1                        Standard

2                        Materials

3                        Plans

4                        Landscaping scheme

5                        Implementation of landscaping and maintenance

6                        Surface materials

7                        Retail goods to be limited to items used for the health and leisure facilities on site

8                        Car parking provision to be phased

9                        Cycle parking

10                   Travel plan

11                   Provision of pedestrian and cycle routes

12                   Lighting scheme

13                   Construction traffic not to use loop road via residential hamlets

14                   No construction traffic through Weston village

15                   Hours for construction activities

16                   Implementation of air conditioning to function room at clubhouse

17                   Detail of appearance/colour of hoardings around site at time of development

18                   Scheme for wheel washing/road sweeping and spraying during construction activities

19                   Provision of notice board for Parish Council use

20                   Number of bedrooms to be limited to 210

 

10.       P07/0854       Twelve Sheltered Housing Apartments, 59 Stafford     

Street (Former Builders Yard), Crewe for Wulvern Housing Ltd                

APPROVED:     Conditions  

1                    Standard

2                    Materials

3                    Surfacing materials

4                    Finished floor levels

5                    Access details

6                    Car parking provision

7                    Bin storage

8                    Footpath diversion

9                    Landscape scheme

10               Landscape implementation

11               Sheltered housing only

12               Approved plans

13               Occupation restricted to elderly residents     

 

11.       P07/0867       10 Affordable Houses, Land off Wyche Lane, Bunbury          

for Muir Group Housing Association Ltd           

RESOLVED:  A) That authority be delegated to the Borough Planning Officer to APPROVE the application subject to: i) the completion of a legal agreement to secure the development as affordable housing in perpetuity; ii) the submission of amended plans showing an adequate site layout and suitable elevational treatment for the proposed dwellings; iii) submission of protected species survey and mitigation plan and no objection from Natural England; iv) satisfactory consultation responses from the County Archivist and County Archaeologist in respect of the hedgerow; and v) the following conditions - 

1                    Standard

2                    Amended plans

3                    Materials

4                    Remove permitted development rights – extensions and ancillary buildings

5                    Access

6                    Landscaping scheme

7                    Implementation/maintenance of landscaping

8                    Boundary treatment

9                    Full drainage details

10               Obscure glass

11               Scheme of tree protection

12               No lighting of fires/storage of materials etc. in protected area

13               Specification for paths/drives etc. under trees

14               Implementation of wildlife mitigation measures

15               Sustainable drainage system

16               Hedgerow removal to be undertaken outside of bird breeding season

17               Details of finish slab levels

18               Access to land to rear of the site restricted to maintenance vehicles only

19               Bin storage

B) Should the following grounds not be met: i) unsatisfactory design, siting and layout if amended plans are not received; and/or ii) insufficient information to assess the impact on protected species and their habitat if a satisfactory bat survey and mitigation plan is not received or objections are raised by Natural England; authority be delegated to the Borough Planning Officer to REFUSE the application.     

(Note: Having declared an interest, Councillor Hollins withdrew from the meeting.  Councillor Thorley took the Chair for this item.)            

    

12.       P07/0914       Five Fishing Pools, The Old Hough, Forge Mill Lane,          

                                Warmingham for D S & M T Varey

APPROVED:     Conditions

1                    Standard

2                    Materials for access roads and hardstanding

3                    Landscaping

4                    Implementation of landscaping

5                    Scheme of protection for trees and hedges

6                    No lighting of fires, storage of materials etc. in protected areas

7                    Parking bays to be constructed on a no dig method surfaced with free drainage stone

8                    Geogrid to be laid on overflow parking areas

9                    Scheme for the disposal of spoil including cross sections showing planting and gradients

10               Details of wheelchair friendly fishing platforms

11               Details of bridges for access to island including surfacing and handrails  

(Note:  Councillor Hollins rejoined the meeting and resumed in the Chair.)

 

13.       P07/0925       Certificate of Existing Lawfulness for a Conservatory,  

6 The Courtyard, Radmore Farm, Hall Lane, Haughton for Dr P J Robinson                    

WITHDRAWN

 

14.       P07/0931       New Cattle Building, Oateddish, Crewe Road,    

Walgherton for N Dakin and Sons    

APPROVED:     Conditions  

1                    Standard

2                    Materials

3                    Approved plans

4                    Agricultural purposes only

5                    Newt mitigation measures

6                    Drainage

 

15.       P07/0934       Extension to Livestock Building, Ash Tree Farm,    

Blakenhall for Mr H G Wright  

APPROVED:     Conditions

1                    Standard

2                    Materials

3                    Approved drawings

4                    Newt mitigation measures

5                    Landscaping scheme

6                    Drainage scheme

7                    Great Crested Newt mitigation measures 

 

16.       P07/0964       Outline Planning Permission for Residential   

Development, Corner of St. Paul’s Street and Beech Street, Crewe for Crewe and Nantwich Borough Council      

RESOLVED:  A) That authority be delegated to the Borough Planning Officer to APPROVE the application subject to: i) the receipt of a PPG24 Noise Assessment; ii) no objection being made by Environmental Health; and iii) the following conditions -       

1-3      Standard

4                    Materials

5                    Surfacing materials

6                    Landscape to be submitted

7                    Landscape to be completed

8                    Boundary treatment

9                    Bin storage

10               Provide car parking

11               Drainage details

12               Contaminated land survey

13               Access to be constructed to Cheshire County Council specification

14               Cycle storage

15               Amenity space

16               Street scene elevations from St. Paul’s Street and Beech Street West

B) Should the information listed in A) above not be provided, authority be delegated to the Borough Planning Officer to REFUSE the application on the grounds of insufficient information with regard to noise and the impact upon the amenities of the future occupiers of the apartments or objections raised by Environmental Health.     

 

17.       P07/0980       Conversion of Part of the Garage into Residential     

Accommodation at 40 Salt Meadows, Nantwich for Mr Parsons   

APPROVED:     Conditions   

1                    Standard

2                    Plans

3                    Materials

4                    Car parking

 

18.       P07/0987       Demolition of Existing Building and Erect Terrace of 7

Dwellings, 215 West Street, Crewe for Mr D Marsh     

WITHDRAWN  

 

19.       P07/0991       Demolition of Existing Football Club Buildings and 

Erection of Seventy Dwellings (Reserved Matters) (Resubmission of P06/1218), Nantwich Town Football Club Site, Jackson Avenue, Nantwich for Barratt Chester 

Subject to the completion of a Section 106 Agreement or a unilateral undertaking to secure a developer contribution of £5,000 towards works to improve the road junction of Jackson Avenue and London Road and re-signing works to Nantwich Town Centre -    

APPROVED:     Conditions

1                    Standard

2                    Materials 

3                    Surfacing materials

4                    Boundary treatments

5                    Car parking provision

6                    Retention/protection of trees

7                    Landscaping scheme

8                    Landscaping provision

9                    Provision of footpath link

10               Provision of open space

11               Drainage

12               Cycle/bin storage details

13               Garage details

14               Finished floor levels

15               Affordable housing provision

16               Details of vehicle overrun areas

17               Wheel washing facilities

18               Construction hours

19               Approved plans    

 

20.       P07/1025       Multi-Use Games Area, Field off Artle Road, Crewe for  

                                 Crewe and Nantwich Borough Council

RESOLVED:  A) That authority be delegated to the Borough Planning Officer to APPROVE the application subject to: i) the submission of a Protected Species Survey; ii) no objection being raised by Natural England; and iii) the following conditions -            

1                    Standard

2                    Materials

3                    Plans

4                    No flood lighting

5                    Drainage

6                    No pre-booked matches/games

B) If no survey is submitted or an objection from Natural England is raised, authority be delegated to the Borough Planning Officer to REFUSE the application on grounds relating to the impact on protected species.   

 

21.       P07/0714       Land Rear of Chapel Court, Nantwich, Four Storey 

Apartment Building with Ten Flats and the Variation of Condition 14 on P03/0278 (Provision of 10 Off-Site Parking Spaces to be Provided for at Land to the Rear of 91-93 Hospital Street, Nantwich) for Muller Property Holdings       

DEFERRED:     Reason

To allow further negotiations over the design and resultant amenity provision for future occupiers.  

 

APPLICATION FOR THE DIVERSION OF PART OF PUBLIC FOOTPATH NO.11 (BURLAND) IN THE PARISH OF BURLAND     

29        The Committee considered the report of the Borough Solicitor which gave details of an application submitted by Mr M Allwood, to divert part of Public Footpath No.11 in the parish of Burland to enable development work to be carried out at Burland Farm, Burland. 

Paragraph 1.3 of the report identified the present and proposed route of the footpath which had been unofficially diverted due to the construction of a dwelling twenty years previously.  The Committee noted that should it be minded to approve the application, a definitive map would be created to reflect both past and present diversions.                

RESOLVED:  That all necessary steps be taken to secure the diversion of part of Public Footpath No.11 in the Parish of Burland (including the making of an Order under Section 257 of the Town and County Planning Act 1990) to enable development to be carried out at Burland Farm, Burland, Nantwich.                               

 

URGENT ITEM – LAND AT MARSH LANE, NANTWICH 

30        The Chairman agreed to take this item as a matter of urgent business.     

An outline application for residential development on land at Marsh Lane, Nantwich had previously been approved by the Committee.  The approval was subject to the completion of a legal agreement to secure a commuted sum of £20,000 for improvements to the existing playground and transfer of ownership of the existing area of public open space to the Borough Council.           

The joint report of the Borough Solicitor and Borough Planning Officer stated that negotiations with the applicant’s solicitors had not been able to secure the requirements stipulated; however the applicant had agreed to enter into a planning obligation which would secure the funding required and result in the area of open space being retained for public use. 

The Committee was invited to approve the amendment.

RESOLVED: That the terms of a legal agreement to be completed prior to the issue of a conditional planning permission, be amended so that the legal agreement secures:

1)           the upgrading and improvement of the playground at a cost of £20,000;

2)           the playground and surrounding public open space to be kept open and un-built upon and available for public use in perpetuity, save for that part of the open space which will provide the access through to the development from Marsh Lane;

3)           the construction of a footpath linking the open space with the canal towpath.    

 

URGENT ITEM – DEVELOPMENT AT MILLSTONE LANE, NANTWICH

31        The Chairman agreed to take this item as a matter of urgent business.      

Outline planning permission (P01/0394) had been granted in 2001 for the erection of 33 dwellings and 8 apartments on land at Millstone Lane, Nantwich.  A reserved matters application in 2004 (P04/0725) had required the developer to enter into a planning obligation to comply with a condition on the outline permission relating to the provision of open space.       

Following a change of ownership, the new owner/developer obtained a further planning permission (P07/0542) in 2007 on part of the site, the application also being subject to the completion of a legal agreement.  As the new developer was still required to comply with the original planning obligation, the joint report of the Borough Solicitor and Borough Planning Officer sought the Committee’s authority to issue planning permission P07/0542 without the requirement to enter into a second planning obligation.                 

RESOLVED: That authority to issue planning permission in respect of application P07/0542, without the requirement for a planning obligation, be granted. 

 

PLANNING APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY  

32        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 13 July 2007 – 10 August 2007.   

 

OUTCOME OF PLANNING APPEALS      

33        The Committee received for information the monitoring report of the Borough Planning Officer which gave details of the results of the following appeals:

1	Application:	Extension and conversion of outbuilding to form one dwelling and formation of new access road
	Location:	Land at 337 Crewe Road, Willaston
	Decision:	Permission refused
	Outcome:	Appeal dismissed
2	Application:	One dwelling with linked garage
	Location:	Land adjacent to 1 Manor Cottages, Hall Lane, Hankelow
	Decision:	Permission refused
	Outcome:	Appeal upheld
3	Application:	Change of use from agricultural land to garden curtlidge and recreational amenity land
	Location:	Land rear of 2 Porters Hill, Cholmondeley Road, Wrenbury
	Decision:	Approved with conditions
	Appealed:	Against condition 3 – scheme of fencing or hedging the western boundary
	Outcome:	Appeal upheld
4	Application:	First floor front extension and single storey rear extension
	Location:	Ivy Brook, Sound Lane, Ravensmoor
	Decision:	Permission refused
	Outcome:	Appeal dismissed
5	Application:	Outline application for one dwelling
	Location:	Land at Batherton Lane, Batherton
	Decision:	Permission refused
	Outcome:	Appeal dismissed

 

…………………………  Chair