Agenda and minutes

Apologies were received from Councillors’ Proctor and Spence.

Councillor Gary White declared an interest in application 18/00620/LBC as the applicant and owner of the property.

To consider the minutes of the previous meeting(s)… To follow

Resolved:                 That the minutes of the meeting held on 27 September, 2018 be agreed as a correct record.

Resolved:     That a decision on the application be deferred but only until the

6^th November, to allow a further opportunity for additional

information to be provided, consulted upon and taken into

account by the Local Planning Authority  in its decision.

Resolved:     (A)       That, subject to the applicant first entering into a Section

106 agreement by 21^st November 2018 to secure the following:

(1)        a contribution of £5,579 per dwellings towards off site

public open space at Park Road

(2)        In perpetuity, provision of 25% of the dwellings on-site as

affordable units.

The application be permitted subject to the undermentioned

Conditions:

(i)            Time Limit for submission of reserved matters

(ii)           Approved Plans

(iii)         Construction Environmental Management Plan

(iv)         Existing site access made redundant to be closed and the

crossing reinstated to footway

(v)           Internal and external noise level controls for dwellings

(vi)         Noise assessment of nearby commercial units and

implementation of any mitigation measures arising from

such an assessment

(vii)        Control of noise impacts arising from noise generating

plant within the development

(viii)       Pest Management Plan

(ix)         Air Quality Assessment prior to first use of any

combustion appliance

(x)           Air quality standards to be achieved from combustion

plant within or serving the development

(xi)         Contaminated land conditions

(xii)        Prior approval of surface water drainage system

(B)       that, should the matters referred to in A(1) and A(2)

above not be secured within the above period, that the Head of Planning be given delegated authority to refuse the application on the grounds that without such matters being secured the development would fail to secure an acceptable provision of adequately maintained open space and an appropriate level of affordable housing: or, if he considers it appropriate, to extend the period of time which such obligations can be secured.

Resolved:     That it be agreed that:-

(i)            The developer be advised that the Council as the Local

Planning Authority is willing to agree to the completion of a Deed  of Variation to secure a review mechanism of the scheme’s ability to make a policy compliant contribution to public open space and the provision of policy-compliant on-site affordable housing, if the development is not substantially commenced within 12 months, and the payment of such a contribution and the provision of such affordable housing, on  proportional basis, if found financially viable,

(ii)           The date by which the Deed of Variation must be

completed by is the 9^th November 2018, or another date agreed by the Head of Planning, if he considers it appropriate.

Report to follow

Resolved:     That this item be deferred to a future meeting.

Resolved:     That the application be refused for the following reasons:     

(i)            The site lies within the open countryside outside the village envelope of Audley and the proposed dwellings would not serve an identified local need. As such, the development of this site is contrary to the objective of directing new houses to sustainable brownfield land within the village envelopes of the key rural service centres and as such would be contrary to Policies SP1 and ASP6 of the Newcastle-under-Lyme and Stoke-on-Trent Core Spatial Strategy 2006-2026, Policy H1 of the Newcastle-under-Lyme Local Plan 2011, and the aims and objectives of the National Planning Policy Framework (2018).

(ii)          In the absence of a secured planning obligation there is not an appropriate review mechanism to allow for changed financial circumstance, and, in such circumstances, the potential provision of a policy compliant financial contribution towards public open space and onsite affordable housing is not achieved. The proposal would thus be contrary to Policies CSP5, CSP6 and CSP10 of the Newcastle-under-Lyme and Stoke-on-Trent Core Spatial Strategy 2006-2026, saved Policies C4 & IM1 of the Newcastle-under-Lyme Local Plan 2011, and the aims and objectives of the National Planning Policy Framework (2018).

Resolved:     (A)       That, subject to the applicant first entering into a Section

106 agreement by 20^th November 2018 to secure a review mechanism of the scheme’s ability to make a policy compliant contribution to public open space, if the development is not substantially commenced within 12 months from the date of the decision, and the payment of such a contribution and the provision of such affordable housing if found financially viable,

the application be permitted subject to the undermentioned conditions:

(i)            Standard Time limit for commencement of development

(ii)          Approved Plans

(iii)         Facing and Roofing Materials

(iv)         Boundary Treatments, including retaining walls

(v)          Finished Ground and Floor Levels

(vi)         Removal of permitted development rights

(vii)        Visibility splays prior to occupation (and kept free from obstruction)

(viii)      Road, parking and turning areas prior to occupation

(ix)         Surfacing, surface water drainage and delineation of car parking spaces;

(x)          Existing site access made redundant to be closed and the crossing reinstated to footway;

(xi)         Garages retained for parking;

(xii)        Construction management plan

(xiii)      Tree protection plan

(xiv)      Arboricultural Method Statement

(xv)        Detailed Landscaping Scheme, including tree retention, replacement tree planting, and tree and hedge planting at the rear of plots 3 and 4. 

(xvi)      Land Contamination

(xvii)     Construction Hours

(xviii)    Design measures to minimise noise on future occupiers 

(xix)      Foul and surface water drainage details

(xx)        Ecology mitigation measures

(B)       That, Failing completion of the above planning obligation by the date

referred to in the above recommendation, that the Head of Planning either refuse the application on the grounds that without the obligation being secured, the development would fail to secure an appropriate contribution for off-site public open space which would reflect the infrastructure needs of the development and (should there be a viability case for non-policy compliant contributions) there would be no provision made to take into account a change in financial circumstances in the event of the development not proceeding promptly; or, if he considers it appropriate, to extend the period of time within which the obligation can be secured.

Councillor Gary White remained in the room during consideration of the next item but took no part in the debate.

Resolved:     That the application be permitted subject to the undermentioned

conditions:

(i)            Time limit condition

(ii)           Development to be carried out in accordance with the

                        approved plans and submitted details

Resolved:     That the decision be noted.

Resolved:     That the decision be noted.

Resolved:     That the decision be noted.

Resolved:     That Tree Preservation Order No.194 (2018), Sunnyside, Pinewood Drive, Loggerheads be confirmed as made and owners of the site to be informed accordingly.

Resolved:     That Tree Preservation Order No.195 (2018), Evergreen, Manor Road, Baldwins Gate be confirmed as made and owners of the site to be informed accordingly.

There was no Urgent Business.