CONTROVERSIAL plans for 13 homes in Sandbach have been approved amid warnings if councillors refused the scheme it would probably be overturned at appeal with costs awarded against the council.
Cheshire East Council refused an application 18 months ago for 25 homes on the land off Wrights Lane.
The land lies within the allocated LPS53 Capricorn site in the local plan and the main reason for refusal of that previous scheme was because some of the homes proposed were on land allocated for employment use.
The southern planning committee had also argued that Wrights Lane, by reason of its narrow nature, would not provide a safe and suitable access to serve the proposed development.
Edgefold Homes appealed against that refusal and lost – although the inspector did not agree with councillors that the Wrights Lane access was unsafe.
The new application is for fewer homes and only on land allocated for housing.
Ward councillor Sam Corcoran (Lab) attended yesterday’s (Wednesday) meeting of the southern planning committee to speak against the proposal.
“The access through Wrights Lane is inadequate,” Cllr Corcoran insisted.
“And as ward councillor I can say that enforcement of the existing double yellow lines on the corner of Wrights Lane and Heath Road is already problematic.
“I can foresee lots of missed bin collections on this site and lots of parking disputes around Wrights Lane.
"I can also foresee access problems during the construction phase.”
Laura Miller, the applicant’s agent, said: “As confirmed by the officer’s report and the planning inspector at appeal, the access by Wrights Lane is acceptable.”
She said there was also another separate application to provide 10 parking spaces for existing residents of Wrights Lane.
Sandbach councillor Laura Crane (Lab) said: “The big concern for me, coming into this, was Wrights Lane.
“But we also have to take into consideration that if we were to refuse this, this will probably go straight to the planning inspectorate who will overturn it because they have already given us the indication that’s what would happen and that’s at additional cost to the council.
“I don’t think I want to approve it, but I also can’t see a valid planning reason to refuse it.”
Planning officer Daniel Evans told the committee: “If we were to refuse an application on highways grounds, for example, we would be at risk of a costs award against the council on the grounds of unreasonable behaviour.”
He said this would be because the previous inspector had said the access was acceptable.
Mr Evans added the council was getting reasonable financial contributions from the developer for this scheme and there had been cases in the past where an inspector has gone through contributions in detail and struck some off, so the council had lost out.
Committee chair Joy Bratherton (Crewe, Lab) said: “I do sometimes wonder if our hands are not tied because of the financial constraints.”
Cllr John Wray (Brereton, Con) proposed the scheme be approved.
Cllr Andrew Kolker (Dane Valley, Con) ‘reluctantly’ seconded the proposal.
“I believe the inspector was wrong,” said Cllr Kolker. “I don’t believe Wrights Lane has adequate access but we’re just going to set ourselves up for these costs and all sorts of grief if we refuse on those grounds.”
The application was approved and delegated back to officers to resolve the parking issue in relation to the separate application.
Seven councillors voted in favour and one against.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here