Residential development of up to a maximum of 189 dwellings, Local centre (Class A1 to A5 inclusive and D1) with maximum floor area of 1800sqm Gross Internal Area (GIA), Employment development (B1b, B1c, B2 and B8) with a maximum floor area of 3,700sqm GIA, Primary School, Public Open Space including new village green, children’s play area and allotments, Green infrastructure including ecological area, New vehicle and pedestrian site access points, Associated works
The site extends to some 12.43 hectares (30.7 acres) and is located to the south of the existing settlement.
The application includes the implementation of a new section of highway and footway connecting Peter Destapleigh Way to the northern boundary of the site. The additional access has been designed so that it links into the former Stapeley Water Gardens site, thus providing an access for the western part of that site onto Peter Detapleigh Way. It therefore not only gives an alternative access option but it also provides the opportunity to connect the former Stapeley Water Gardens land directly to Peter Destapleigh Way.
The site is well served by bus services that run towards the town centre and connect to Audlem, Whitchurch and Market Drayton. In terms of local facilities, the town is well served in relation to recreational and retail facilities within the existing town centre, including a number of dentists, doctors and schools. There are a wide range of outdoor leisure facilities including the Barony Park, Brookfield Park and the Nantwich Tennis, Football and Cricket Clubs.
The first public consultation was held. Following the feedback and suggestions put forward by the public, Muller made a number of significant alterations to their original plans, including provision of a new ‘Village Centre’, a primary school site, more play areas, sports, communal and recreational areas, providing a further 800sq.m of employment space suitable for independently owned/small/light business use limiting the height of properties to no more than two storey’s, and inclusion of allotment in phase 1.
Due to the significant changes, Muller undertook a comprehensive programme of public consultation on the evolved proposals from July 2012.
An application was lodged together with a separate application for a new access off Peter Destapleigh Way.
The application went to planning committee on 3rd April 2013 and was recommended for refusal and was subsequently refused.
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Appeals were lodged on 9th May 2013 for both applications.
Both appeals were recovered by the Secretary of State.
The enquiry was closed and notification was given that the Inspector was preparing his report and that the Secretary of State would issue his decision on 18 July 2014, which was later decided on 17 March 2015 nearly 8 months after the decision was due.
On 17 March 2015, the Secretary of State issued his decision dismissing both appeals, despite both appeals being recommended for approval by the Planning Inspector due to the adverse impacts of adopting a piecemeal approach.
A High Court Challenge was submitted by Muller on the grounds that the Secretary of State’s decision was unlawful.
A Consent Order was issued quashing both Secretary of State decisions and a new decision was awaited.
A decision due date of 17 November 2015 was issued.
On 11 August 2016, nearly 9 months after the decision was due, the Secretary of State dismissed both appeals once again.
Muller issue their second challenge at the High Court.
On 28 October 2016, the permission to challenge was refused by Mr Justice Kerr
On 12 December 2016, the permission hearing was heard by Mr Justice Gilbart
A court order was granted giving permission to challenge
On 16th March 2017, the Secretary of State’s decision to refuse plans submitted by Muller for 189 homes in Nantwich was quashed for the second time and a Consent Order was issued. 60% of Muller’s costs were ordered to be paid.
Muller receive notification that the Secretary of State wants to re-open the inquiry
Went back to enquiry, currently awaiting the inspector’s recommendations to the Secretary of State. The council are stating that they have already got their five year supply; Muller is disputing that.
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