Agenda, decisions and minutes


Planning Committee - Thursday 21 March 2024 4.00 pm

Venue: Bodicote House, Bodicote, Banbury, Oxon OX15 4AA

Contact: Aaron Hetherington / Matt Swinford, Democratic and Elections  Email: democracy@cherwell-dc.gov.uk, 01295 221534

Media

Items
Note No. Item

112.

Declarations of Interest

Members are asked to declare any interest and the nature of that interest which they may have in any of the items under consideration at this meeting

Additional documents:

Minutes:

9. OS Parcel 7921 South Of Huscote Farm And North West Of County Boundary Daventry Road Banbury.

Councillor Andrew Beere, Other Registerable Interest, as a member of Banbury Town Council which had been consulted on the application.

 

Councillor Rebecca Biegel, Other Registerable Interest, as a member of Banbury Town Council which had been consulted on the application.

 

11. Laurels Farm Dark Lane Wroxton OX15 6QQ.

Councillor Douglas Webb, Declaration, as he leased land from the applicant and was an acquaintance of the tenant of the land and would leave the meeting for the duration of the item after speaking as Ward Member on the item.

 

12. Grange Farm Chapel Lane Balscote OX15 6JN.

Councillor Douglas Webb, Declaration, as he leased land from the applicant and was an acquaintance of the tenant of the land and would leave the meeting for the duration of the item after speaking as Ward Member on the item.

 

13. Land Adjacent To The Old Manor House 7 The Green Shutford OX15 6PJ.

Councillor George Reynolds, Other Registerable Interest, as a Member of Shutford Parish Council and advised that they would not participate in the debate of the item and abstain from the vote.

 

14. DCS Group UK Ltd Oceans House Noral Way Banbury OX16 2AA.

Councillor Andrew Beere, Other Registerable Interest, as a member of Banbury Town Council which had been consulted on the application.

 

Councillor Rebecca Biegel, Other Registerable Interest, as a member of Banbury Town Council which had been consulted on the application.

 

16. Phase 2 SW Bicester Kingsmere Parcel R East Of Ludlow Road Bicester.

Councillor Les Sibley, Other Registerable Interest, as a member of Bicester Town Council which had been consulted on the application.

 

17. Unit 14 Expeditionary Road Ambrosden Bicester OX25 2EJ.

Councillor Les Sibley, Other Registerable Interest, as a member of Bicester Town Council which had been consulted on the application.

 

Councillor Barry Wood, Other Registerable Interest, as a member of the Executive and would leave the meeting for the duration of the item.

 

Councillor Nigel Simpson, Other Registerable Interest, as a member of the Executive and would leave the meeting for the duration of the item.

 

Councillor Phil Chapman, Other Registerable Interest, as a member of the Executive and would leave the meeting for the duration of the item.

 

Councillor Simon Holland, Other Registerable Interest, as a Non-Executive Director of Graven Hill Village Development Company Limited.

 

Councillor Simon Holland, Other Registerable Interest, as a Non-Executive Director of Graven Hill Village Holdings Limited.

 

18. Development Brief for Local Plan Partial Review site PR8 - Land East of the A44.

Councillor Fiona Mawson, Other Registerable Interest, as a member of Yarnton Parish Council.

 

113.

Requests to Address the Meeting

The Chairman to report on any requests to address the meeting.

 

Please note that the deadline for requests to address the meeting is noon on the working day before the meeting. Addresses can be made virtually or in person.

Additional documents:

Minutes:

The Chairman advised that requests to address the meeting would be dealt with at each item.

 

114.

Minutes pdf icon PDF 239 KB

To confirm as a correct record the Minutes of the meeting of the Committee held on 15 February 2024.

Additional documents:

Minutes:

The Minutes of the meeting held on 15 February 2024 were agreed as a correct record and signed by the Chairman.

115.

Chairman's Announcements

To receive communications from the Chairman.

 

Additional documents:

Minutes:

The Chairman made the following announcement:

 

1.    As this was the last Planning Committee of the municipal year, the Chairman thanked Committee members and officers for their work during the last year.

2.    Advised members of the public attending the meeting that only registered speakers may address the Committee and requested that they did not cause a disturbance.

116.

Urgent Business

The Chairman to advise whether they have agreed to any item of urgent business being admitted to the agenda.

Additional documents:

Minutes:

There were no items of urgent business.

117.

Proposed Pre-Committee Site Visits (if any)

The Committee to consider requests for and proposed pre-committee site visits.

 

Any requests or recommendations for site visits will be published with the written update.

Additional documents:

Minutes:

There were no proposed Pre-Committee site visits.

23/00977/OUT

118.

OS Parcel 9195 North Of Claydon Road Cropredy pdf icon PDF 2 MB

Additional documents:

Decision:

Approved, in line with the officer recommendation, subject to conditions and S106 legal agreement, details to be set out in the minutes.

Minutes:

The Committee considered application 23/00977/OUT, an outline planning application (except for access) for a residential development of up to 60 dwellings (Use Class C3) including a community facility, new vehicular and pedestrian access off Claydon Road, public open space and associated landscaping, earthworks, parking, engineering works and infrastructure at OS Parcel 9195 North of Claydon Road Cropredy for Obsidian Strategic Asset Management Ltd.

 

Bob Garland, on behalf of Cropredy Parish Council, and Martin Barber, on behalf of Keep Cropredy Rural Residents Group, addressed the Committee in objection to the application.

 

Steven Sensecall, on behalf of the agent for the applicant, Carter Jonas, and Dr Tom Holyoake, from Cropredy Doctors Surgery, addressed the Committee in support of the application.

 

In reaching its decision the Committee considered the officers report, presentation, addresses from the public speakers and the written updates.

 

Resolved

 

That, in line with the officer’s recommendation, application 23/00977/OUT be delegated to the Assistant Director for Planning and Development to approve subject to the conditions set out below (and any amendments to those conditions as deemed necessary) and the completion of a planning obligation under Section 106 of the town and country planning act 1990, as substituted by the Planning and compensation act 1991, necessary mitigation as set out in the annex to the Minutes, as set out in the Minute book (and any amendments deemed necessary).

 

It was further resolved that if the Section 106 agreement/undertaking was not completed by 5 April 2024 and the permission was not able to be issued by this date and no extension of time had been agreed between the parties, the Assistant for Planning and Development be given delegated authority to refuse the application for the following reason:

 

1.         In the absence of a satisfactory unilateral undertaking or any other form of Section 106 legal agreement the Local Planning Authority is not satisfied that the proposed development provides for appropriate infrastructure required as a result of the development and necessary to make the impacts of the development acceptable in planning terms, to the detriment of both existing and proposed residents and contrary to Policy INF1 of the adopted Cherwell Local Plan 2011-2031, CDC Planning Obligations SPD 2018 and Government guidance within the NPPF. 

 

Conditions

 

1.         No development shall commence until full details of the layout (including the layout of the internal access roads and footpaths), scale, appearance, and landscaping (hereafter referred to as reserved matters) have been submitted to and approved in writing by the Local Planning Authority.

 

Reason: This permission is in outline only and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.         In the case of the reserved matters, the final application for approval shall be made not later than the expiration of three years beginning with the date of this permission.

 

Reason: This permission is in outline only and is granted to comply with the provisions of  ...  view the full minutes text for item 118.

23/03428/OUT

119.

OS Parcel 7921 South Of Huscote Farm And North West Of County Boundary Daventry Road Banbury pdf icon PDF 2 MB

Additional documents:

Decision:

Refused, in line with the officer recommendation, reasons to be set out in the minutes.

Minutes:

The Committee considered application 23/03428/OUT, an outline planning application for the construction of up to 140,000 sqm of employment floorspace (use class B8) with ancillary offices and facilities and servicing and infrastructure including new site accesses, internal roads and footpaths, landscaping including earthworks to create development platforms and bunds, drainage features and other associated works including demolition of the existing farmhouse at OS Parcel 7921 South Of Huscote Farm And North West Of County Boundary Daventry Road Banbury for Greystoke CB.

 

Rob Kinchin-Smith, on behalf of Banbury Civic Society, CPRE Oxfordshire and Farthinghoe Parish Council, addressed the Committee in objection to the application.

 

David Hutchison, on behalf of the agent for the applicant, Pegasus Planning Group, addressed the Committee in support of the application.

 

In reaching its decision the Committee considered the officers report and presentation, written updates and the addresses from the public speakers.

 

Resolved

 

The, in line with the officer’s recommendation, application 23/03428/OUT, be refused for the following reasons:

 

1.         The proposal is located on an unallocated site and development would represent an urbanising form of development which by reason of its location and proposed land use would result in a cluster of large warehouse buildings poorly related to Banbury that would result in a harmful visual intrusion of development into the landscape and open countryside and would therefore result in harm to the rural character, appearance and quality of the area. This identified harm would significantly and demonstrably outweigh the benefits of the proposal. Development would therefore fail to accord with Cherwell Local Plan 2011-2031 Part 1 policies ESD10, ESD13 and ESD15 and Cherwell Local Plan 1996 saved policies C7, C8 and EMP4, and with national policy guidance given in the National Planning Policy Framework.

 

2.         The proposed development would be sited in a geographically unsustainable location with poor access to services and facilities and therefore future employees would be highly reliant on the private car to access their workplace, which would not reduce the need to travel and would result in increased car journeys and hence carbon emissions. The proposed development would therefore conflict with policies PSD1, SLE4 and ESD1 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in the National Planning Policy Framework. This identified harm would significantly and demonstrably outweigh the benefits associated with the proposed development and therefore the development does not constitute sustainable development when assessed against the National Planning Policy Framework as a whole.

 

3.         The application site is located in an unsustainable location for cycling and walking. The proposal is therefore contrary to policies SLE1 and SLE4 contained within the Cherwell Local Plan 2011- 2031 Part 1 (CLP 2031 Part 1), saved policy TR1 contained within the Cherwell Local Plan 1996 (CLP 1996) and Government guidance within the National Planning Policy Framework.

 

4.         The proximity of the access roundabout to M40 Junction 11 is likely to lead to severe congestion and potential safety issues arising from queuing on the M40 off slip. The proposal is therefore  ...  view the full minutes text for item 119.

23/02071/F

120.

Land To Rear Of Wheelwright Cottage Main Street North Newington pdf icon PDF 1 MB

Additional documents:

Decision:

Refused, against officer recommendation. Reasons to be set out in the minutes.

Minutes:

The Committee considered application 23/02071/F for a new build dwelling at land to the rear Of Wheelwright Cottage Main Street North Newington for Mr Kambiz Khabiri.

 

Susia Barnes, local resident, addressed the Committee in objection to the application.

 

In reaching its decision the Committee considered the officers report and presentation, addresses from the public speakers and the written updates.

 

Contrary to the officers’ recommendation, it was proposed by Councillor Webb and seconded by Councillor Reynolds that application 23/02071/F be refused, for the following reasons (wording of refusal reasons delegated to officers)

 

1.         The proposed development is not an infill development or a conversion. The proposal would therefore be contrary to the Council’s housing strategy.

2.         The development would result in overdevelopment of the site and inappropriate development in the location and would fail to preserve the character and appearance of the Conservation Area and would adversely affect the living conditions of neighbours. This would be contrary Policies ESD15 and Villages 1 of the Cherwell Local Plan 2011-2031, saved Policies C28 and C30 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

3.         The application failed to demonstrate the proposed dwelling would be served by a satisfactory vehicular access and would therefore result in parking being displaced to the public highway contrary to Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

Resolved

 

That, contract to the officer’s recommendation, application 23/03109/F be refused for the following reasons:

 

1.         By reason of its siting and its spatial relationship to surrounding development, the proposed development would not be infill development and by reason of its nature the proposed development is not a conversion. New residential development is only permitted at North Newington where it comprises conversion or appropriate infilling. The proposal therefore conflicts with the Council’s housing strategy. In addition, by reason of its scale and siting, the proposal would result in overdevelopment of the site and inappropriate development in this location and would fail to preserve the character and appearance of the Conservation Area and would adversely affect the living conditions of neighbours. The identified harm, which in the case of that caused to the Conservation Area is less than substantial, would significantly and demonstrably outweigh the proposal’s benefits. The proposal thus fails to accord with Policies ESD15 and Villages 1 of the Cherwell Local Plan 2011-2031, saved Policies C28 and C30 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

2.         The applicant has failed to demonstrate that the proposed dwelling would be served by a satisfactory vehicular access. As such the proposed development cannot provide accessible onplot parking and would therefore result in parking being displaced to the public highway. The local area already suffers from a lack of availability of suitable on-street parking. The additional on-street parking and the need to accommodate servicing and delivery vehicles associated with proposed dwelling would lead to  ...  view the full minutes text for item 120.

23/00130/F

121.

Laurels Farm Dark Lane Wroxton OX15 6QQ pdf icon PDF 1 MB

Additional documents:

Decision:

Approved, against officer recommendation, subject to conditions and S106 legal agreement, details to be set out minutes.

Minutes:

The Committee considered application 23/00130/F, for the demolition of 3no existing barns followed by the erection of 9no new dwellings; conversion and alterations to existing barn to form 1no dwelling; formation of new primary access from Newington Road, parking, landscaping and other associated works at Laurels Farm, Dark Lane, Wroxton, OX15 6QQ for Trinity College.

 

Councillor Webb addressed the Committee as Local Ward Member. Councillor Webb then left the meeting for the rest of the item.

 

Chris Ferguson, on behalf of the applicant, Trinity College, addressed the Committee in support of the application.

 

In reaching its decision the Committee considered the officers’ report, presentation, addresses from the public speakers and the written updates.

 

Contrary to the officer’s recommendation, it was proposed by Councillor Reynolds and seconded by Councillor Holland that the application be approved, subject to conditions which were to be agreed and delegated to the Assistant Director Planning and Development and completion of a S106 legal agreement.

 

Resolved

 

That, contrary to the officer’s recommendation, application 23/00130/F be approved, subject to conditions and S106 legal agreement (to be delegated and agreed with the Assistant Director Planning and Development).

 

 

23/00129/F

122.

Grange Farm Chapel Lane Balscote OX15 6JN pdf icon PDF 1 MB

Additional documents:

Decision:

Approved, in line with the officer recommendation, subject to conditions, details to be set out in the minutes.

Minutes:

The Committee considered application 23/00129/F for the erection of agricultural buildings, hardstanding and other associated works at Grange Farm, Chapel Lane, Balscote, OX15 6JN for Trinity College.

 

In reaching its decision the Committee considered the officers’ report, presentation and the written updates.

 

Resolved

 

That, in line with the officer’s recommendation, application 23/00129/F be delegated to the Assistant Director for Planning and Development to approve subject to conditions set out below (and any amendment to those conditions as deemed necessary):

 

1.         The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission.

 

Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 

 

2.         Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the following plans and documents:  Site Location Plan (6163/5 Rev P5), General Purpose Store Plan and Elevations (6163/4 Rev P5), Elevations of Grain and Straw Store and Temporary Housing for Mobile Drier (6163/2 Rev P6).

 

Reason: For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework.

 

3.         A schedule of materials and finishes to be used in the external walls and roof(s) of the buildings shall be submitted to and approved in writing by the Local Planning Authority prior to any foundations work. The development shall thereafter be carried out in accordance with the approved details and shall be retained as such thereafter.

 

Reason: To safeguard the character and appearance of the area in accordance with Policies ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. 

 

4.         A method statement for enhancing birds/bats and invertebrates on the site shall be submitted to and approved in writing by the Local Planning Authority prior to the development reaching slab level. The biodiversity enhancement measures approved pursuant to the requirements of this condition shall be carried out prior to occupation and shall be retained thereafter in accordance with the approved details.

 

Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework. 

 

5.         No development shall commence on site until the existing tree(s) to be retained on site have been protected in accordance with the measures set out below. The protection measures shall be maintained until the approved development is completed.

 

 a) Protective barriers shall be erected around the tree(s) to a distance not less than a radius of 12 times the trunk diameter when measured at 1.5m above natural ground level (on the highest side) for  ...  view the full minutes text for item 122.

23/02682/F

123.

Land Adjacent To The Old Manor House 7 The Green Shutford OX15 6PJ pdf icon PDF 1 MB

Additional documents:

Decision:

Approved, in line with the officer recommendation, subject to conditions, details to be set out in the minutes.

Minutes:

The Committee considered application 23/02682/F for the erection of a single dwelling with associated landscaping and a new vehicular entrance onto existing access at land adjacent to the Old Manor House, 7 The Green, Shutford, OX15 6PJ for Ms Clinton.

 

Lynne Parsons, neighbour, and Rachel Mizen, neighbour, addressed the Committee in objection to the application.

 

Matt Chadwick, on behalf of the agent for the applicant, JPPC, addressed the Committee in support of the application.

 

In reaching its decision the Committee considered the officers’ report, presentation, addresses from the public speakers and the written updates.

 

Contrary to the officer’s recommendation, it was proposed by Councillor Webb and seconded by Councillor Holland that application 23/02682/F be refused for the reason that the design and size of the development being overdevelopment for the site and contary to Policies ESD15 of Cherwell Local Plan 2011-2031 Part 1, Policies C28 and C30 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

On being put to the vote, the proposal was lost and the motion subsequently fell.

 

It was proposed by Councillor Wood and seconded by Councillor Chapman that application 23/02682/F be approved in line with the officer recommendation.

 

Resolved

 

That, in line with the officer’s recommendation, application 23/02682/F, be delegated to the Assistant Director for Planning and Development to grant permission, subject to the conditions set out below (and any amendments to those conditions as deemed necessary):

 

Conditions

 

Time Limit 

 

1.         The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission. 

 

Reason - To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 

 

Compliance with Plans

 

2.         Except where otherwise stipulated by conditions attached to this permission, the development shall not be carried out otherwise than in complete accordance with the approved plans: OMHS/01B, OMHS/02B, OMHS/03B, OMHS/04B, OMHS/05B, OMHS/07, Arboricultural Implications Plan (284-OMHS-DRW-AIP) – 01”, “Tree Constraints Plan (284-OMHS-DRW-TCP) – 01, Tree Protection Plan (284-OMHS-DRW-TPP) – 01, “BS5837: 2012 Tree Survey and “ARBORICULTURAL IMPACT ASSESSMENT – 284-OMHS-RPT-AIA (Revision No 1 – 18th January 2024)”.

 

Reason – For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework.

 

Construction Environment Management Plan (CEMP) 

 

3.         No development shall commence unless and until a Construction Environmental Management Plan (CEMP), which shall include details of the measures to be taken to ensure construction works do not adversely affect residential properties on, adjacent to or surrounding the site, together with the details of the consultation and communication to be carried out with local residents, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved CEMP. 

 

Reason: To ensure the  ...  view the full minutes text for item 123.

21/01854/F

124.

DCS Group UK Ltd Oceans House Noral Way Banbury OX16 2AA pdf icon PDF 1 MB

Additional documents:

Decision:

Approved, in line with the officer recommendation, subject to conditions, details to be set out in the minutes.

Minutes:

The Committee considered application 21/01854/F, which sought consent for work at DCS Group UK Ltd, Oceans House, Noral Way, Banbury OX16 2AA, following the grant of permission for the erection of a warehouse extension, relocation of lorry park and driver’s amenity building, together with associated external works. The proposals comprised the following changes: - 

-           The area immediately in front of the warehouse has been simplified to reflect the need for more manoeuvring space for the lorries, and the need to separate further the circulation of cars from lorries on the site;

-           The "future parking extension area" of the previous application has been designed and built out;

-           There is a new extension to the east elevation of the proposed warehouse (420m2), which will house fork lift chargers;

-           Two mezzanine levels have been added within the latest warehouse extension, to provide 2,000m2 of additional floorspace;

-           A new entrance canopy and an additional area of second floor offices has been added to the proposals. No change in staff numbers is forecast, with the additional space providing meetings rooms, an executive office suite allowing relief to more cramped office conditions elsewhere;

-           New "over-cladding" has been introduced along the north elevation; and

-           A replacement lorry drivers café.

 

Claudia Jones, on behalf of the agent for the application, Morgan Elliot Planning, address the Committee in support of the application.

 

In reaching its decision the Committee considered the officers’ report, presentation, address of the public speaker and the written updates.

 

Resolved

 

That, in line with the officer’s recommendation, application 21/01854/F be delegated to the Assistant Director for Planning and Development to grant permission subject to the conditions set out below (and any amendments to those conditions as deemed necessary):

 

Conditions

 

Time Limit

 

1.         The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission.

 

Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 

 

Compliance with Plans 

 

2.         Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the application forms and the following plans and documents:  

·                Location Plan – 0707/008_[-]

·                Proposed Site Plan – 0707/009_[B]

·                Proposed Ground Floor Plan – 0707/010_[B]

·                Proposed First Floor Plan – 0707/011_[B]

·                Proposed Second Floor Plan – 0707/012_[B]

·                Truck Stop Café Plans and Elevations – 0711/001 [D]

·                Proposed Elevations – 0707/016_[A] 

 

Reason: For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework. 

 

Cycle Storage Provision 

 

3.         Prior to the first use or occupation of the warehouse extension hereby permitted, covered cycle parking facilities shall be provided on the site in accordance with details to be first submitted to and approved in writing by the Local  ...  view the full minutes text for item 124.

22/03063/F

125.

Land East Of Larsen Road Heyford Park pdf icon PDF 2 MB

Additional documents:

Decision:

Approved, in line with the officer recommendation, subject to conditions and S106 legal agreement, details to be set out in the minutes.

Minutes:

The Committee considered application 22/03063/F, for the erection of 123 dwellings (formerly 126) with access from Camp Road, provision of public open space and associated infrastructure at Land East Of Larsen Road, Heyford Park for David Wilson Homes (Southern).

 

David Hutchison from Pegasus Planning Group on behalf of Dorchester Group, interested party, addressed the Committee in objection to the application.

 

Estelle Hutchinson, on behalf of the applicant, David Wilson Homes (Southern), addressed the Committee in support of the application.

 

In reaching its decision the Committee considered the officers’ report, presentation, address of the public speakers and the written updates.

 

Resolved

 

That, in line with the officer’s recommendation, application 22/03063/F be delegated to the Assistant Director for Planning and Development to grant permission subject to:

 

i.          Conditions set out below (and any amendment to those conditions as may be deemed necessary);

ii.         The completion of a planning obligation under section 106 of the Town and Country Planning Act 1990, as substituted by the Planning and Compensation Act 1991, to secure the heads of terms listed at paragraph 9.95 of the officer’s report (and any amendments as deemed necessary);

iii.        Naturespace licence agreement.

 

It was further resolved that f the section 106 agreement/undertaking was not completed by 31 March 2024 and the permission was not able to be issued by the date and no extension of time had been agreed between the parties, the Assistant Director for Planning and Development be given delegated authority to refuse the application for the following reason:

 

1.         In the absence of a satisfactory unilateral undertaking or any other form of Section 106 legal agreement the Local Planning Authority is not satisfied that the proposed development provides for appropriate infrastructure required as a result of the development and necessary to make the impacts of the development acceptable in planning terms, to the detriment of both existing and proposed residents and contrary to Policy INF1 of the adopted Cherwell Local Plan 2011-2031, CDC Planning Obligations SPD 2018 and Government guidance within the NPPF. 

 

Conditions:

 

1.         The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission.

 

Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 

 

2.         Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the application forms and the following plans and documents:

 

·      Planning Layout – 0778-102-COL

·      Location Plan – 0778-101

·      Housetype Booklet – 0778-HTB-ISSUE 3

·      Garages – 0778-109A

·      External Detailing – 0778-106A

·      Boundary Fencing – Db Sd13 006B

·      Boundary Walls – Db Sd13 004D

·      Arboricultural Protection Plans – 22 0728 V4 and 22 0729 V4

·      Refuse Vehicle Swept Path – 22 192 002B

·      Fire Tender Swept Path – 22 192 004

·      Drainage Strategy – 22 192 100C and 22 192 106C      

 

Reason: For the avoidance of doubt, to  ...  view the full minutes text for item 125.

23/03073/HYBRID

126.

Phase 2 SW Bicester Kingsmere Parcel R East Of Ludlow Road Bicester pdf icon PDF 1 MB

Additional documents:

Decision:

Approved, in line with the officer recommendation, subject to conditions and S106 legal agreement, details to be set out in the minutes.

Minutes:

The Committee considered application 23/03073/HYBRID, a hybrid application comprising in full for the construction of an 82-apartment affordable extra care home (C2 use class) with associated open space / green infrastructure, landscaping, car / cycle parking, service infrastructure (drainage, highways, lighting), engineering operations, creation of new vehicular access and re-instatement of existing access to footpath, and in outline, the construction of up to 14 residential (C3 use class) dwellings with associated landscaping, service infrastructure (highways, drainage, lighting) at Phase 2 SW Bicester Kingsmere, Parcel R, East Of Ludlow Road, Bicester, for PHL Ltd & Countryside Properties (Bicester) Ltd.

 

Sarah R Smith, on behalf of the agent, Rapleys LLP, addressed the Committee in support of the application.

 

In reaching its decision the Committee considered the officers’ report, presentation, addresses from the public speaker and the written updates.

 

Resolved

 

That, in line with the officer’s recommendation, application 23/03073/HYBRID be delegated to the Assistant Director for Planning and Development to grant permission, subject to:

 

·         the conditions set out below (and any amendments to those deemed necessary)

·         the completion of a planning obligation under section 106 of the Town and County Planning Act 1990, as substituted by the Planning and Compensation Act 1991, to secure the necessary mitigation as set out in the annex to the Minutes, as set out in the Minute book (and any amendments deemed necessary).

·         Planning application 23/03086/F being granted.

 

Conditions

 

Full Application

 

Time Limit

 

1.         The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission. 

 

Reason - To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.  

 

2.         That prior to first occupation of the extra care facility hereby approved, a Car parking management Plan shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the scheme approved. 

 

Reason: In the interest of highway and pedestrian safety and to accord with Government guidance within the National Planning Policy Framework. 

 

3.         Prior to the first occupation of the extra care facility hereby approved, a Delivery and Servicing Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved scheme.

 

Reason: In the interest of highway and pedestrian safety and to accord with Government guidance within the National Planning Policy Framework.

 

4.         That prior to the first occupation of the extra care, a detailed plan showing the cycle parking provision and facilities shall e submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and thereafter retained and maintained as such. 

 

Reason: In the interests of sustainability and to comply with Government guidance within the National Planning Policy Framework. 

 

5.         Prior to the commencement of any development  ...  view the full minutes text for item 126.

24/00251/CDC

127.

Unit 14 Expeditionary Road Ambrosden Bicester OX25 2EJ pdf icon PDF 1 MB

Additional documents:

Decision:

Approved, in line with officer recommendation, subject to conditions, details to be set out in the minutes.

Minutes:

The Committee considered application, 24/00251/CDC, for a new security fence to the vehicle parking areas at Unit 14 Expeditionary Road, Ambrosden, Bicester, OX25 2EJ for Cherwell District Council,

 

In reaching its decision the Committee considered the officers’ report, and presentation.

 

Resolved

 

That, in line with the officer’s recommendation, application 24/00251/CDC be delegated to the Assistant Director for Planning and Development to approve subject to the conditions set out below (and any amendments to those conditions as deemed necessary).

 

Conditions

 

Time Limit 

 

1.         The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission. 

 

Reason - To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 

 

Compliance with Plans 

 

2.         Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the following plans and documents: 

 

Drawing 01 – Proposed Security Fencing and Drawing 02 – Location Plan 

 

Reason – For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework.

128.

Development Brief for Local Plan Partial Review site PR8 - Land East of the A44 pdf icon PDF 435 KB

Report of Assistant Director Planning and Development

 

Purpose of report

 

To seek the Planning Committee’s approval of the Development Brief for Local Plan Part 1 Review allocated site PR8 – Land East of the A44

 

Recommendations

 

The meeting is recommended:

 

1.1       To approve the Development Brief for site PR8 (Land East of the A44) of the Cherwell Local Plan 2011-2031 Partial Review, presented at Appendix 1 to this report, subject to (i) the changes recommended in paragraphs 4.40 – 4.45 of this report, and (ii) an additional three week consultation period following this Planning Committee

 

1.2       To authorise the Assistant Director - Planning and Development to publish the Development Brief, subject to (i) any minor amendments arising from that further public consultation and (ii) any necessary presentational or other minor corrections, in consultation with the Chairman

 

Additional documents:

Decision:

Resolved

 

(1)      That the Development Brief for site PR8 (Land East of the A44) of the Cherwell Local Plan 2011-2031 Partial Review, t Appendix 1 to the report, subject to (i) the changes recommended in paragraphs 4.40 – 4.45 of the  report, (ii) further changes being considered in response to comments made to the December 2023 consultation and which are marked as TBC in Appendix 2 to the report, and (ii) an additional three week consultation period following the 21 March 2024  Planning Committee be approved.

 

(2)      That the Assistant Director - Planning and Development, in consultation with the Chairman. be authorised to publish the Development Brief, subject to (i) any minor amendments arising from the further public consultation agreed as resolution (1) or the December 2023 consultation and (ii) any necessary presentational or other minor corrections.

Minutes:

The Assistant Director Planning and Development submitted a report to seek the Planning Committee’s approval of the Development Brief for Local Plan Part 1 Review allocated site PR8 – Land East of the A44.

 

Resolved

 

(1)      That the Development Brief for site PR8 (Land East of the A44) of the Cherwell Local Plan 2011-2031 Partial Review, t Appendix 1 to the report, subject to (i) the changes recommended in paragraphs 4.40 – 4.45 of the  report, (ii) further changes being considered in response to comments made to the December 2023 consultation and which are marked as TBC in Appendix 2 to the report, and (ii) an additional three week consultation period following the 21 March 2024  Planning Committee be approved.

 

(2)      That the Assistant Director - Planning and Development, in consultation with the Chairman. be authorised to publish the Development Brief, subject to (i) any minor amendments arising from the further public consultation agreed as resolution (1) or the December 2023 consultation and (ii) any necessary presentational or other minor corrections.

129.

Local Validation List Report pdf icon PDF 361 KB

Report of Assistant Director Planning and Development

 

Purpose of report

 

To set out the consultation responses to the proposed local validation list and to approve the use of the list when validating planning applications.

 

Recommendations

 

The meeting is recommended:

 

1.1       Approve the Local Validation List, with the finalised wording of the list and appendices delegated to the Head of Development Management, prior to publication.

Additional documents:

Decision:

Resolved

 

(1)      That the Local Validation List be approved, with the finalised wording of the list and appendices delegated to the Head of Development Management, prior to publication.

Minutes:

The Assistant Director Planning and Development submitted a report that set out the consultation responses to the proposed Local Validation List and to approve the use of the list when validating planning applications.

 

Resolved

 

(1)      That the Local Validation List be approved, with the finalised wording of the list and appendices delegated to the Head of Development Management, prior to publication.

130.

Appeals Progress Report pdf icon PDF 363 KB

Report of Assistant Director Planning and Development

 

Purpose of report

 

To keep Members informed about planning appeal progress including decisions received and the scheduling of public inquiries and hearings for new and current appeals.

 

Recommendations

 

The meeting is recommended:

 

1.1         To note the position on planning appeals contained within the report.

 

Additional documents:

Decision:

Resolved

 

(1)          That the position statement be accepted.

 

Minutes:

The Assistant Director Planning and Development submitted a report which informed Members about planning appeal progress including decisions received and the scheduling of public inquiries and hearings for new and current appeals.

 

Resolved

 

(1)          That the position statement be accepted.