Agenda and minutes

          The Minutes of the meeting held on 7 July 2014, having been circulated, were taken as read and signed as a correct record.

          The Committee considered the following applications for planning permission and, in accordance with its powers and duties, made the decisions described below.

The consultation procedure undertaken was outlined in the report together with background information in respect of the site.

The Committee was referred to the Update List and Table 1, which presented the latest representations from Halebank Parish Council, who objected to the application.  The issues raised by them and Officers’ responses were noted by Members. 

Officers then referred Members to Table 2 which contained General Updates and Conditions.  Below is a list of corrections (first three points) and amendments that were advised:

·       Para 1.4 – Delete last sentence and replace with ‘the site is being marketed’.

·       Para 2.9 – Delete last sentence as planning permission ran with the land.  It was inappropriate to link planning permission with such certification of an individual company.

·       Para 2.10 – Delete the last sentence.  This statement was vague and relied on potential off-site opportunities.  A specific planning condition was recommended dealing with on-site waste management issues listed as condition 38 within the published agenda.

·       Cheshire Wildlife Trust (CWT) had provided final comments on the submission as follows:

1.     Four wildlife ponds should be created in the 5ha compensatory area according to best practice guidance (refer to Freshwater Habitats Trust).  CWT could provide advice on the best location for these ponds. 

The request for the 4 ponds to be within the compensatory area would require off-site provision and conflict with other mitigation provision.  This was not considered appropriate but the 4 ponds could be accommodated within the application site.  This request therefore updated paragraph 6.71 of the report.  This was therefore recommended to be covered by additional planning condition as follows:

No part of the development hereby approved shall be brought into use until a scheme of pond replacement to provide 4 ponds within the site has been implemented in full and in accordance with a detailed scheme submitted to and agreed in writing by the Local Planning Authority.  Such details as are submitted shall accord with the Appendix 6.5 of the submitted Ecological Assessment: Pond Design and Planting Specification and associated Figure 1, and shall include a detailed maintenance and management plan.  The ponds shall be so managed and maintained for the lifetime of the permission.

Reason:- In the interest of species and habitat creation/protection and to comply with Policy GE21 of the Halton Unitary Development Plan and Core Strategy Policy CS20.

2.     A method statement should be submitted to Local Planning Authority (LPA) for approval in relation to the translocation of vegetation/acqatic fauna from ponds 5, 7 and 10 to the newly created ponds in the 5ha compensatory area.  This may be submitted post determination.

This was recommended to be covered by additional planning condition as follows:

No development shall take place within the site until a detailed method statement had been submitted to and agreed in writing by the LPA for the translocation of vegetation/aquatic fauna from ponds 5, 7 and 10 (as defined by Figure 6.1 of the submitted Ecological Assessment: Phase 1 Habitat Management Plan) to  ...  view the full minutes text for item 17.

The following Appeals had been received / were in progress:

12/00428/S73

APP/D0650/A/13/2196163 - Proposed removal of condition 1 from Planning Permission APP/D0650/C/10/2126943 to allow the permanent retention of a mixed use for the keeping of horses and a residential gypsy caravan site at Land south-west of junction between, Newton Lane and Chester Road, Daresbury, Warrington, Cheshire, WA4 4AJ.

Inquiry had been held, currently awaiting decision of the Secretary of State.

13/00278/FUL – (APP/D0650/V/14/2212165) Proposed redevelopment of existing high school comprising new school building, provision of new tennis courts, relocation of playing fields, new car parking and associated hard and soft landscaping and demolition of the existing school buildings at The Heath Specialist Technology College.

The Secretary Of State had called the application in for his consideration. This will now be heard by a public Inquiry likely to be in the New Year.

The Committee was advised that a matter had arisen which required immediate attention by the Committee (Minute DEV20 refers), therefore, pursuant to Section 100 B(4) and 100E and due to the need to allow the maximum time for a considered response by Members as early as possible in the consultation process, the Chairman ruled that the item be considered as a matter of urgency.

It was reported that Keuper Gas Storage Limited (KGSL) sought to construct and operate an underground gas storage facility and associated infrastructure on and under land at the southern end of the Holford Brinefield and surrounding area, north of Middlewich, Cheshire.

Members were advised that there had never been an application under the 2008 Planning Act which involved the Borough of Halton and consequently, the Council’s Constitution was silent on the subject of NSIP’s, other than assigning responsibility to the Committee.

It was reasonable to assume that most NSIP’s would have significant implications for the Borough and that substantive decisions would be dealt with by the Committee despite the fact that time scales under the 2008 Act were sometimes quite tight.  Nevertheless, procedural matters ought to be delegated in the interest of good management on all occasions with the Committee deciding on substantive matters.  The Keuper Gas Storage Project was so minor in nature in so far as it affected Halton that the entire response of the Council ought to be delegated.

The Committee agreed with the request for delegation as stated below:

RESOLVED:  That

1)    in respect of the Keuper Gas Storage Project all matters under the Planning Act 2008 be delegated to the Operational Director – Policy, Planning and Transportation; and

2)    in respect of future matters coming within the Planning Act 2008 relating to Nationally Significant Infrastructure Projects, all matters up to the stage of acceptance of applications under Section 55 of the 2008 Act  be delegated to the Operational Director – Policy, Planning and Transportation.