Issue - meetings

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

The Committee considered application 23/00401/F for change of use of part of building to form 10no apartments (Use Class C3) including the partial demolition and alterations to the rear elevation, an external staircase, and internal alterations at Borough House, Marlborough Road, Banbury for Fellside Estates.

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

Resolved

That application 23/00401/F be refused, in line with the officer’s recommendation, for the following reasons:

1.         By virtue of the contrived rear fire escape to serve the library, the proposal would demonstrate less than substantial harm to the designated heritage assets, with no public benefit. Therefore the proposal has a detrimental impact on significance of the Grade II listed building, and would detract from the views within, the character and appearance of the Banbury Conservation Area resulting in harm to both heritage assets. The harm identified significantly outweighs any public benefits. The proposal therefore fails to accord with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policies C28 and C30 of the Cherwell Local Plan 1996 and guidance contained within the National Planning Policy Framework. 

2.         There is insufficient information provided to demonstrate that the proposal would not have an effect on drainage and flood risk. The proposal is therefore contrary to Policy ESD6 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework. 

3.         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 contributions required as a result of the development, and necessary to make the impacts of the development acceptable in planning terms. As such, the proposal is contrary to Policy INF1 of the CLP 2015, CDC’s Planning Obligations SPD 2018 and Government guidance within the National Planning Policy Framework.