DEVELOPMENT CONTROL
COMMITTEE
26 JULY 2007
PRESENT: Councillor M A
Hollins, Chair;
Deputy Mayor Councillor M A Martin;
Councillors D H D Charlesworth,
W S Davies, R E Dodd, B H Dykes, C Goff, E
Howell, J Jones, A Richardson, M Roberts, J I Stockton,
C G Thorley and J Wright
IN ATTENDANCE:
Councillor A Moran and R Westwood
HONORARY ALDERMAN LESLIE
DAVIES
18
The Chairman announced with regret the death of Honorary Alderman
Leslie Davies who had been a long standing member of the Planning
Committee during his time on the Council. The Chairman and
several Members of the Committee paid personal tribute to Mr
Davies.
DECLARATIONS OF INTEREST
19
Councillors Hollins declared a personal and prejudicial interest in
items 1 (P07/0621) and 2 (P07/0625) as she was a friend of the
applicant. Councillor Richardson declared a personal interest
only in the same applications as an acquaintance of the
applicant.
Councillor Charlesworth and Councillor Dodd
declared personal interests in item 4 (P07/0599) as Councillor
Charlesworth had worked in agriculture with the applicant and
Councillor Dodd was a Conservative Party colleague.
Councillors Davies declared a personal and prejudicial interest in
the application (P07/0599) as the applicant had been Cllr Davies’s
Deputy Mayor.
Councillor Dykes declared a personal interest
in item 18 (P07/0829) as a member of Wulvern Housing’s Board.
Although not a member of the Committee, Councillor Westwood
declared a personal interest in respect of the application on the
same grounds.
Councillor Dodd declared a personal interest
in item 19 (P07/0832) as he was related to the applicant.
(Note: All the above
declarations were made in respect of the planning applications
list.)
Councillor Davies declared a personal and
prejudicial interest in agenda item 4 (Tree Preservation Orders) as
a named objector had been his Deputy
Mayor.
MINUTES
20
RESOLVED: That the Minutes of the meeting held
on 28 June 2007 be approved as a correct record.
APPLICATIONS UNDER THE TOWN AND
COUNTRY PLANNING ACT 1990
21 The
Borough Planning Officer submitted the following applications for
determination.
(Note: Having declared an
interest, Councillor Hollins withdrew from the meeting. The
Deputy Chair, Councillor Thorley took the Chair for the following
applications.)
1.
P07/0621 Erection of
Agricultural Machinery Building,
Dodcott Grange, Burleydam for Mr & Mrs J
Hollins
APPROVED:
Conditions
1
Standard
2
Materials
3
Approved plans
4
Landscaping scheme
5
Landscaping scheme completion
6
Drainage details
7
No lighting without prior approval of Local Planning Authority
8
The agricultural building hereby permitted shall only be used for
storage purposes and shall not at any time accommodate
livestock
2.
P07/0625 Erection of
Agricultural Livestock Building,
Dodcott Grange, Burleydam for Mr & Mrs J
Hollins
APPROVED:
Conditions
1
Standard
2
Materials
3
Approved plans
4
Landscaping scheme
5
Landscaping scheme completion
6
Drainage details
7
No lighting without prior approval of Local Planning Authority
8
Only sheep livestock to be kept in the building
(Note: Councillor Hollins
rejoined the meeting and resumed in the
Chair.)
3.
P07/0521 Change of Use of
Garage to Dog Grooming Parlour, 21 Parkfield
Drive, Nantwich for Mrs P Dodd
APPROVED:
Conditions
1
Hours of operation (9.30am–4pm Monday to Friday and 9.30am-12.30pm
Saturday)
2
Defined area of operation
3
No more than 5 animals per day
4
No more than 3 dogs on site at any one time
5
Business operation linked to occupation of dwelling
6
No dogs connected with the business activities to be kept/kennelled
outside the defined area
7
Details of ventilation system to be submitted within 2 months
8
Retention of existing 1.8m high boundary fence
9
Personal permission
10
Schedule of approved plans
(Notes: 1) In accordance with
Procedure Rule 26(2), Councillor Moran spoke on the above
application with the permission of the Committee. 2) Having
declared an interest, Councillors Davies and Dodd withdrew from the
meeting.)
4.
P07/0599 Nine Dwellings, 310
Crewe Road and Land at the Rear
of 314 Crewe
Road, Willaston for Antler Homes
APPROVED:
Conditions
1
Standard
2
Reference to amended plans
3
Submission/approval of scheme of tree protection
4
No storage of materials/lighting of fires etc. in protected
areas
5
Submission/approval of landscaping scheme
6
Implementation of landscaping scheme
7
Submission/approval and implementation of scheme of boundary
treatment
8
Submission/approval of all external materials and finishes
9
Provision of parking spaces prior to first occupation of
development and retention for parking purposes
10
Submission/approval of a Noise Impact Assessment and implementation
of recommended mitigation measures
11
Submission/approval and implementation of scheme of drainage
(Note: Councillors
Davies and Dodd rejoined the meeting.)
5.
P07/0613 New Cold Store
Warehouse Unit, Units 1-2 First
Avenue, Crewe for Wrights
Pies Limited
Subject to the Highways Authority
agreeing that the submitted Transport Statement and Auto-Cad swept
path are acceptable -
APPROVED:
Conditions
1
Standard
2
Materials
3
Approved drawings
4
Restricted use
5
Access to be constructed to Cheshire County Council
specification
6
Parking to be provided prior to the business being brought into
operation
7
No goods stored outside buildings without permission of the Local
Planning Authority
8
Cycle storage facilities
9
Landscape to be submitted and completed
10
Drainage details
11
No development near sewer
12
Surface water drains must have adequate oil interceptors
13
Bin storage
14
Provision of showers
15
Widening of existing access to an agreed width prior to
commencement of development
16
Details of evaporator plant and any necessary noise attenuation to
pump or motor
6.
P07/0614 Application for
Certificate of Lawfulness for Existing
Use:
Change of Use to Kennels and Erection
of Buildings, Grange Boarding Kennels and Cattery, Grange Farm,
Woore Road, Buerton for Mr R Hallatt
RESOLVED: That a
Certificate of Lawful Use be issued for the land edged in blue on
the relevant plan which has been used as a kennels and a cattery
for more than 10 years and that the associated buildings and
structures have been substantially complete on the land for a
period of more than 4 years.
7.
P07/0616 Application for
Certificate of Lawfulness for Existing
Use:
Barn Conversion to One Dwelling, The
Barn, Grange Farm, Woore Road, Buerton for Mr R Hallatt
RESOLVED: That a
Certificate of Lawful Use be issued for the land edged in green on
the relevant plan which has been converted to a dwelling for more
than 10 years and that it has been substantially complete on the
land for a period of more than 4 years.
8.
P07/0617 Application for
Certificate of Lawfulness for Existing
Use:
Erection of Stables, Grange Farm, Woore Road, Buerton
for Mr R Hallatt
RESOLVED: That a
Certificate of Lawful Use be issued for the building edged in
yellow on the relevant plan which has been substantially complete
on the land for a period of more than 4 years.
9.
P07/0645 Erection of Twelve
Apartments, The Mill House, Crewe
Green
Road, Crewe for Marathon Court Nursing Ltd
REFUSED:
Reason
The siting of the individual apartment
buildings fails to respect the character and pattern of development
in the area, and fails to respect the setting of Mill House which
is included in the Council’s list of buildings of local
interest. Further the appearance of the development by virtue
of the design, fenestration and detailing of the buildings fails to
respect the distinctive character and appearance of Mill
House. The presence of the long western elevation close to
the rear gardens of dwellings in Mill Bridge Close will over
dominate the rear aspects of those dwellings. To allow the
development would be contrary to Policies BE.1 (Amenity), BE.2
(Design Standards) and BE.13 (Buildings of Local Interest) of the
Borough of Crewe and Nantwich Replacement Local Plan 2011 and
guidance in PPS.1: Delivering Sustainable
Development.
(Note: Councillors Howell,
Martin, Roberts, Thorley and Wright all voted against the motion
which has been recorded in accordance with Procedure Rule
18(2).)
10.
P07/0675 Erection of 55 Bedroom
Residential Care Home, Land off Peter de
Stapleigh Way, Nantwich for Maria Mallaband Care Group
APPROVED:
Reasons
1
Standard
2 Approved
plans
3
Materials
4 Landscaping
Scheme
5 Completion
of approved landscaping scheme
6 Details of
boundary treatment
7
Drainage
8 Provision
of car parking prior to the first occupation of the building and
retention thereof
9 No
permitted change to an extra care home
10 Translocation
mitigation strategy to be completed prior to development commencing
and adhered to
11. P07/0696
Application for Certificate of
Lawfulness for Existing Use:
One Dwelling, Oak House, Goldford
Lane, Bickerton for Mr R J Bourne
RESOLVED: That a
Certificate of Lawful Use be issued for the dwelling on the land
edged red on the relevant plan and that it has been substantially
complete on the land for a period of more than 4
years.
12.
P07/0714 Construction of a Four
Storey Apartment Building with
Ten Flats, Land to the Rear of Chapel
Court, Nantwich and the Variation of Condition 14 of P03/0278
(Provision of 10 Off-Site Parking Spaces), Land to the Rear of
91-93 Hospital Street, Nantwich for Muller Property
Holdings
DEFERRED:
Reason
Site inspection requested to allow the
Committee to consider highway/access issues.
13.
P07/0767 72 Apartments and 7
Houses with Associated Car
Parking and Landscaping (Amendment to
P06/0179), Site 2, Land Bordering Dunwoody Way and Goddard Street,
Crewe for Haigh and Haigh Homes
RESOLVED: That
authority be delegated to the Borough Planning Officer to
APPROVE the application subject to the receipt of
satisfactory plans for the entrance at the north end of block A and
the following conditions -
1
Standard
2 Amended
plans
3
Materials
4
Contaminated land survey
5 Landscaping
scheme
6
Implementation and maintenance of landscaping
7 Submission
and approval of maintenance schedule for landscaping and car
parking areas
8 Boundary
treatment
9 Access
formed to sub base level before any occupation, fully completed
before 55th apartment is occupied
10
Phased programme for parking
11
Bin storage
12
Cycle parking
13
Drainage
14
Withdraw permitted development rights for extensions and
outbuildings to dwellings
15
Details of cycle crossing at access
16
Juliette balcony railings to be in accordance with design on
submitted elevations
14.
P07/0802 Barn Conversion to
Four Dwellings, New Garage/Store and
Retention of Existing Shed, Poole Bank Farm, Poole for P J Allison
(Wirral) Ltd
REFUSED:
Reasons
1 The
proposal is unacceptable by reason of the extent of alterations,
extensions and new garaging to Units 3 and 4, together with the use
of boundary walling around the site which, when taken cumulatively,
represents an inappropriate and harmful form of development which
detracts from the existing character of these traditional farm
buildings and the setting of the adjacent listed farmhouse.
To allow the development would be contrary to Policies BE.9 (Listed
Buildings: Alterations and Extensions) and BE.10 (Changes of Use
for Listed Buildings) of the Borough of Crewe and Nantwich
Replacement Local Plan 2011.
2 No
protected species survey has been submitted with the current
application and the survey submitted previously is now two years
old. That survey found evidence that both bats and barn owls
had used the site previously, but failed to provide any mitigation
measures. The current submission fails to demonstrate that
there will be no adverse impact on protected species which might
use the site. To allow the development would be contrary to
Policy NE.9 (Protected Species) of the Borough of Crewe and
Nantwich Replacement Local Plan 2011, PPS 9: Biodiversity and
Geological Conservation and Circular 06/2005.
15.
P07/0816 Side Extension to
Industrial Building and Alterations to
Access, Dairygold, Lancaster Fields,
Crewe Gates Industrial Estate, Crewe for Dairygold
APPROVED: Conditions
1
Standard
2
Materials as existing
3
Plans
4
Provide car parking
5
Cycle storage
6
No external storage
7
Access to Cheshire County Council standards
16.
P07/0820 4 Non-Illuminated
Projecting Signs, Market Hall, Earle Street,
Crewe for Crewe and Nantwich Borough Council
APPROVED:
Conditions
1
Standard
2-6 Standard
advertisements
7 Approved
drawings
8 Hand
painted
9 Timber
construction
17.
P07/0821 Listed Building
Consent for 4 Non-Illuminated Projecting
Signs, Market Hall, Earle Street,
Crewe for Crewe and Nantwich Borough Council
RESOLVED: That
authority be delegated to the Borough Planning Officer to
APPROVE the listed building consent subject to the
application not being call in by the Secretary of State and the
following conditions -
1
Standard
2
Approved drawings
3
Hand painted
4
Timber construction
18.
P07/0829 Three Storey Apartment
Building Containing Nine Two-
Bedroom Flats, Land Opposite 94-104
Henry Street, Crewe for Wulvern Housing
Ltd
REFUSED:
Reasons
1 The
proposed development by reason of its large bulk and unrelieved
massing would have an overbearing character in relation to the
street scene and is contrary to Policies BE.1 (Amenity) and BE.2
(Design Standards) of the Borough of Crewe and Nantwich Replacement
Local Plan 2011 and advice advocated within PPS1: Delivering
Sustainable Development.
2 The Local
Planning Authority considers that the proposed development would
fail to provide adequate external amenity space for communal
activities and there is insufficient space to provide good quality
hard and soft landscaping, which is contrary to Policy BE.2 (Design
Standards) of the Borough of Crewe and Nantwich Replacement Local
Plan 2011.
3 The Local
Planning Authority considers that the proposal would result in over
looking and over shadowing problems for the existing properties No.
75 Henry Street and the properties in Henry Street directly
opposite due to its design and fenestration. The proposal is
contrary to Policies BE.1 (Amenity) and BE.2 (Design Standards) of
the Borough of Crewe and Nantwich Replacement Local Plan 2011.
4 The Local
Planning Authority considers that the proposal is unacceptable by
reason of its layout which is dominated by cars, parked at the
front of the apartment block, which spoils the character of the
street and is contrary to Policy BE.2 (Design Standards) of the
Borough of Crewe and Nantwich Replacement Local Plan
2011.
19.
P07/0832 Replacement Dwelling,
28 Cheerbrook Road, Willaston for Mr J
White
RESOLVED: That
authority be delegated to the Borough Planning Officer to
APPROVE the application following expiry of the
consultation period and subject to i) no new issues being raised;
and 2) the following conditions -
1
Standard
2
Materials
3
Surfacing materials
4
Boundary treatment
5
Protection of trees along frontage
6
Drainage
7
Access details
8
Car parking provision
9
Amended plans
20.
P07/0839 Two Storey Side
Extension, 45 Brereton Drive, Nantwich for Mr
& Mrs Davies
APPROVED:
Conditions
1
Standard
2
Materials
3 Approved
drawings
4 No new
windows
5 Obscure
glazing
6 Extension
to be rendered
(Note: In accordance with
Procedure Rule 26(2), Councillor Moran spoke on the application
with the permission of the Committee.)
21.
P07/0847 4 Three Storey Town
Houses, Land opposite 110-116
Henry Street, Crewe for Malley
Regeneration Ltd
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 is over-dominated by the car due to the
positioning of the intensive car parking arrangement to the front
of the dwellings. The site therefore fails to take the full
opportunity to improve the street scene, is out of keeping with its
context and would as such be development harmful to the character
and appearance 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 PPS3: Housing
P07/0847
(Cont’d)
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 public
sewer to the west of the application site that requires an access
strip of no less than 12m in width for maintenance and
replacement. To allow the development would compromise
essential access to utilities infrastructure for maintenance
purposes. As such the development is contrary to Policy BE.4
(Drainage, Utilities and Resources) of the Borough of Crewe and
Nantwich Replacement Local Plan
2011.
22.
P07/0855 Livestock Building,
Burland Farm, Wrexham Road, Burland for Mr M
Allwood
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
B) If no survey
is submitted or an objection from Natural England is raised then
authority be delegated to the Borough Planning Officer to
REFUSE the application on grounds relating to the
impact on protected species.
23.
P07/0881 Cattle Shed, Fields
Farm, Calveley for Mr K Peacock
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
P07/0881
(Cont’d)
B) If no survey is
submitted or an objection from Natural England is raised, then
authority be delegated to the Borough Planning Officer to
REFUSE the application on grounds relating to the
impact on protected species.
(Note: Having previously
declared an interest, Councillor Davies withdrew from the
meeting.)
TREE PRESERVATION ORDERS: LAND TO THE
REAR OF 310 AND 314 CREWE ROAD, WISTASTON (NO.207) TPO 2006 AND
LAND TO THE REAR OF 310 AND 314 CREWE ROAD, WISTASTON (NO. 207A)
TPO 2007
22 On
22nd December 2006, a provisional Tree Preservation
Order (No. 207) was made to safeguard oak and beech trees standing
on an area of land to the rear of 310 and 314 Crewe Road,
Wistaston. Having received notice that the beech trees were,
in fact sycamore and had been wrongly identified, an amended Tree
Preservation Order No. 207A was made on 1st February
2007.
A number of objections had been received to both the original and
revised Orders. The report of the Borough Solicitor set out
those objections in detail together with the officer’s response to
points raised. Notwithstanding the objections, the Committee
was invited to confirm Tree Preservation Order 207A without
modification, noting that in doing so Tree Preservation Order No.
207 would expire as it had not been confirmed.
RESOLVED: That a) the land to
the rear of 310 and 314 Crewe Road, Wistaston Tree Preservation
Order No. 207 made provisionally on 22 December 2006 be not
confirmed and therefore noted as expired; and
b) the land to the rear of 310 and 314 Crewe
Road, Wistaston Tree Preservation Order No. 207A made provisionally
on 1st February 2007 be confirmed without
modification.
(Note: Councillor Davies
rejoined the meeting.)
PLANNING APPLICATIONS DETERMINED UNDER
DELEGATED AUTHORITY
23 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 15 June 2007 to 12 July 2007.
OUTCOME OF PLANNING
APPEALS
24 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:
|
Erection of Bungalow
|
|
|
Location:
|
25 West Street, Haslington
|
|
|
Decision:
|
Refused
|
|
|
Outcome:
|
Appeal dismissed
|
|
|
|
|
|
2
|
Application:
|
First Floor Side and Rear Extension
|
|
|
Location:
|
15 Birchin Lane, Nantwich
|
|
|
Decision:
|
Refused
|
|
|
Outcome:
|
Appeal upheld
|
|
|
|
|
|
3
|
Application:
|
Erection of 14 Dwellings
|
|
|
Location:
|
Land to the rear of 207-223 Middlewich Street,
Crewe
|
|
|
Decision:
|
Refused
|
|
|
Outcome:
|
Appeal upheld
|
|
|
|
|
|
4
|
Application:
|
Erection of Bungalow
|
|
|
Location:
|
Land at Dairy Lane, Worleston
|
|
|
Decision:
|
Refused
|
|
|
Outcome:
|
Appeal dismissed
|
Graphical information was tabled at the
meeting which illustrated performance trends in relation to
planning appeals heard between 1st July 2006 and
30th June 2007. The Committee noted that whilst
the Council had met all its targets with regards to the
determination of applications (an achievement which was commended
by the Development Control Manager), poor performance with regards
to appeals had had an adverse impact on the level of Planning
Delivery Grant received by the
authority.
ENFORCEMENT REPORT
25 The
Committee received the quarterly information report of the Borough
Solicitor.
………………………… Chair