Agenda, decisions and minutes

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

Members declared interests in the following agenda items:

7. Land at Whitelands Farm, South West of Bicester Adjoining Oxford Road and Middleton Stoney Road, Bicester.

Councillor Rose Stratford, Non Statutory Interest, as a member of Bicester Town Council which had been consulted on the application.

8. Land North of Withycombe Farm and West of Edinburgh Way, Banbury.

Councillor Alastair Milne Home, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

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

Councillor Colin Clarke, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

Councillor Gordon Ross, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

9. 38A East Street, Banbury.

Councillor Alastair Milne Home, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

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

Councillor Colin Clarke, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

Councillor Gordon Ross, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

10. Former Winners Bargain Centres, Victoria Road, Bicester.

Councillor Rose Stratford, Non Statutory Interest, as a member of Bicester Town Council which had been consulted on the application.

11. Land adjacent to Sub Station on Pingle Field, Priory Lane, Bicester.

Councillor Barry Wood, Conflict of Interest, as a member of executive.

Councillor D M Pickford, Conflict of Interest, as a member of executive.

Councillor Jon O'Neill, Conflict of Interest, as National Grid are a client of his employer.

Councillor Michael Gibbard, Conflict of Interest, as a member of executive.

Councillor Rose Stratford, Non Statutory Interest, as a member of Bicester Town Council which had been consulted on the application.

12. 3663 Depot, Charbridge Way, Bicester.

Councillor Rose Stratford, Non Statutory Interest, as a member of Bicester Town Council which had been consulted on the application.

13. Ambrosden Court, Merton Road, Ambrosden, Nr Bicester.

Councillor Rose Stratford, Non Statutory Interest, as a member of Bicester Town Council which had been consulted on the application.

14. 33 St. Anne's Road, Banbury, OX16 9EA.

Councillor Alastair Milne Home, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

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

Councillor Colin Clarke, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

Councillor Gordon Ross, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

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

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

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

There was no urgent business.

The Minutes of the meeting held on 13 June 2013 were agreed as a correct record and signed by the Chairman.

Deferred for formal site visit

The committee considered application 13/00291/F for a single storey rear extension to The Malthouse, conversion of barn to form new dwelling & rebuild of dilapidated cottage to form annexe to barn conversion with associated parking and manoeuvring area.

Councillor Pickford proposed that consideration of application 13/00291/F be deferred for a formal site visit. Councillor Milne Home seconded the proposal.

Resolved

That application 13/00291/F be deferred for a formal site visit.

Approved – Conditions etc. will be set out in the minutes

The Committee considered application 13/00433/OUT, an outline application for construction of up to an additional 100 dwellings above those permitted under 06/00967/OUT

In reaching their decision, the committee considered the officers’ report, presentation.

Resolved

That application 13/00433/OUT be approved, subject to the following conditions:

a)                 The delegation of the completion of a Section 106 negotiations to officers in consultation with the Chairman

b)                 The completion of the Section 106 Agreement

c)                  That it is resolved that in accordance with the provisions of Regulation 24 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011, that this report is approved as setting out the main reasons, considerations and measures of mitigation proposed with regard to the ES.

d)                 The following conditions

1.                  No development shall commence on any phase until full details of the layout, scale, siting, height, design, external appearance, access and landscaping within the phase (hereafter referred to as reserved matters) have been submitted to and approved in writing by the Local Planning Authority. 

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

3.                  The development to which this permission relates shall be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last reserved matters to be approved.

4.                  The development hereby approved shall be carried out in accordance with the Proposals Plan which was submitted to and approved by the Local Planning Authority as part of the outline application 06/00967/OUT by letter dated 13th April 2010.

5.                  The development hereby approved shall be carried out in accordance with the approved Design Code dated June 2008 and approved in writing by the Local Planning Authority on 18th September 2008.

6.                  The development hereby approved shall be carried out in accordance within the Sustainable Urban Drainage Opportunities Plan submitted to and approved in writing by the Local Planning Authority on 18th March 2010.

7.                  Prior to the first occupation of any additional dwelling on the site authorised by this permission, a final Code Certificate, certifying that the dwelling in question achieves Level 5 of the Code for Sustainable Homes shall be issued, proof of which shall be submitted to and approved in writing by the Local Planning Authority.

8.                  No development on any phase or parcel shall commence until a scheme for the disposal of surface water, including phased works and maintenance thereof, attenuation and storage and on-site balancing arrangements, reflecting current best practice for sustainable urban drainage, have been submitted to and approved in writing by the Local Planning Authority.  No development shall take place other than in accordance with the approved scheme.

9.                  That the development hereby approved shall be carried out in accordance with the impact studies and subsequent scheme for dealing with foul drainage from the site, including the phased works, submitted  ...  view the full minutes text for item 51.

Approved – Conditions etc. will be set out in the minutes

The Committee considered application 13/00444/OUT for the construction of up to 400 residential dwellings including 60 sheltered housing/extra care accommodation, 500sq m of small scale employment and training premises, open space, new vehicular junction and access and associated infrastructure.

Councillor Webb addressed the committee as Ward Member.

Steve MacPherson, the applicant, spoke in support to the application.

In reaching their decision, the committee considered the officers’ report, presentation, written update and presentation of the public speakers.

Resolved

That application 13/00444/OUT be approved, subject to the following:

a)                 The delegation of the completion of the S106 negotiations as detailed in paragraph 5.130 – 5.131 of the report to Officers in consultation with the Chairman of the Planning Committee

b)                 The completion of the S106 legal agreement .

c)                  The application to be taken back to Planning Committee to report on the Edinburgh Way highways issues.

d)                 The following conditions:

1.                  That no development shall be commenced until full details of the layout, scale, appearance and landscaping (hereafter referred to as reserved matters) have been submitted to and approved in writing by the Local Planning Authority. 

2.                  That in the case of the reserved matters, application for approval shall be made not later than the expiration of eighteen months beginning with the date of this permission.

3.                  That the development to which this permission relates shall be begun not later than the expiration of one year from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last reserved matters to be approved.

4.                  Except where otherwise stipulated by conditions attached to this permission and unless otherwise agreed with the Local Planning Authority, the  development shall be carried out strictly in accordance with the following documents and drawings:

Environmental Impact Assessment (incorporating reports on: Historic Environment; Landscape and Visual; Biodiversity; Ground Conditions; Soil and Agricultural Resources; Water Resources; Human Beings; Economics; Transport and Accessibility; Noise; Air Quality; Arboriculture; Construction; and Cumulative Impacts); a Transport Assessment, a Design and Access Statement, a Planning Statement, Regeneration Strategy and a Statement of Community Engagement.

6.                  That the site shall be developed with a mix of housing types/sizes to meet the local housing needs in accordance with the requirements of Policy BSC4 of the Proposed Submission Local Plan, details of the mix shall be submitted to and approved in writing to the local planning authority, prior to the commencement of the development.

7.                  No reserved matters applications shall be made or development commenced until Design Codes for the site have been submitted to and approved in writing by the Local Planning Authority. This shall include a density plan for the site, design influences / character area study, form of buildings, street frontage, materials, servicing, parking, sustainability features and design parameters. Thereafter, the development shall be carried out in accordance with the  ...  view the full minutes text for item 52.

Approved – Conditions etc. will be set out in the minutes

The Committee considered application 13/00473/F for the addition of a first floor to create 2 one-bedroom maisonettes.

In reaching their decision, the committee considered the officers’ report and presentation.

Resolved

That application 13/00473/F be approved, subject to the following 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. 

2.                  Except where otherwise stipulated by conditions attached to this permission, the development shall be built strictly in accordance with the following plans and documents: Drawings 1 and 2 submitted with the application.

3.                  Prior to the commencement of the development hereby approved, and notwithstanding the submitted details, a revised schedule of the materials and finishes for the external walls and roof(s) of the development shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved materials.

4.                  Prior to the first occupation of the development hereby approved, the first floor bathroom windows in the north elevation of the building shall be fixed shut, other than the top hung opening element, and shall be fully glazed with obscured glass that complies with the current British Standard, and retained as such thereafter

5.                  Prior to the commencement of the development hereby approved, full details of the refuse bin storage for the site, including location and compound enclosure details, shall be submitted to and approved in writing by the Local Planning Authority.  Thereafter and prior to the first occupation of the dwellings, the refuse bin storage area and appropriate number of refuse bins required in relation to the dwellings shall be provided in accordance with the approved details and, other than on the day of refuse collection, the refuse bins shall be stored at all times in the approved location.

6.                  Prior to the first of the occupation of the maisonettes hereby approved, the existing means of access between the land and the highway shall be improved, formed, laid out and constructed strictly in accordance with Oxfordshire County Council’s guidance available at http://www.oxfordshire.gov.uk/cms/content/dropped-kerbs.

Reason DR1 

7.                  Prior to the commencement of the development hereby approved, full specification details (including construction, layout, surfacing and drainage) of the parking and manoeuvring areas shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the development, the parking and manoeuvring areas shall be provided on the site in accordance with the approved details and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter.

Approved – Conditions etc. will be set out in the minutes

The Committee considered application 13/00484/OUT for the demolition of existing structures and the construction of a 36 unit assisted living home (Class C2) together with ancillary accommodation.

Councillor Pickford proposed that application 13/00484/OUT be refused. Councillor O’Neill seconded the proposal. The proposal was voted on and subsequently lost.

Councillor Lawrie Stratford proposed that the application be approved. Councillor Hughes seconded the proposal.

In reaching their decision, the committee considered the officers’ report and presentation.

Resolved

That application 13/00484/OUT be approved, subject to the following conditions:

a)                 the completion of a Section 106 obligation prior to 31 July to the satisfaction of the Head of Public Protection and Development Management, and

b)                 the following conditions:

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

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

3.                  The development to which this permission relates shall be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last reserved matters to be approved.

4.                  Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following plans and documents: Application forms and drawing number L01.

5.                  The premises shall be used only for purposes falling within Class C2 specified in the Schedule to the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005 and for no other purpose(s) whatsoever.

6.                  Prior to the commencement of the development hereby approved, full details of the means of access between the land and the highway, including, position, layout, construction, drainage and vision splays shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the means of access shall be constructed and retained in accordance with the approved details.

1.                  Prior to the first use or occupation of the development hereby permitted, covered cycle parking facilities shall be provided on the site in accordance with details which shall be firstly submitted to and approved in writing by the Local Planning Authority.  Thereafter, the covered cycle parking facilities shall be permanently retained and maintained for the parking of cycles in connection with the development.

2.                  If during development, contamination is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the LPA for, a Method Statement detailing to how to deal with this contamination.

3.                  No removal of hedgerows, trees or shrubs not works to  or demolition of buildings or structures that may be used by breeding birds, shall take place between the 1^st March and  ...  view the full minutes text for item 54.

Approved – Conditions etc. will be set out in the minutes

The Committee considered application 13/00566/F for the construction of a new switch house, access road, compound extension, attenuation pond and associated landscaping.

In reaching their decision, the committee considered the officers’ report and presentation.

Resolved

That application 13/00566/F be approved, subject to the following 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. 

2.                  Except where otherwise stipulated by conditions attached to this permission, the development shall be retained for the use described and strictly in accordance with the following plans and documents: BS8110859_SK03 Rev PA1; 102 Rev PA1; 01 Rev PA1, 02 Rev PA1 and 03 Rev PA1 submitted with the application.

3.                  The landscaping scheme shall be carried out strictly in accordance with the details shown on drawing no. BS8110859_102 Rev PA1 unless otherwise agreed in writing by the Local Planning Authority.

4.                  All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in accordance with BS 4428:1989 Code of Practice for general landscape operations (excluding hard surfaces), or the most up to date and current British Standard, in the first planting and seeding seasons following the occupation of the building(s) or on the completion of the development, whichever is the sooner. Any trees, herbaceous planting and shrubs which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the current/next planting season with others of similar size and species.

5.                  Prior to the commencement of the development hereby approved, an Arboricultural Method Statement (AMS), undertaken in accordance with BS:5837:2012 and all subsequent amendments and revisions shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, all works on site shall be carried out in accordance with the approved AMS.

6.                  Prior to any demolition and the commencement of the development a professional archaeological organisation acceptable to the Local Planning Authority shall prepare an Archaeological Written Scheme of Investigation, relating to the application site area, which shall be submitted to and approved in writing by the Local Planning Authority.

7.                  Prior to any demolition on the site and the commencement of the development and following the approval of the Written Scheme of Investigation referred to in condition 6, a staged programme of archaeological evaluation and mitigation shall be carried out by the commissioned archaeological organisation in accordance with the approved Written Scheme of Investigation. The programme of work shall include all processing, research and analysis necessary to produce an accessible and useable archive and a full report for publication which shall be submitted to the Local Planning Authority.

8.                  The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) (v3, 16 April 2013, Ref. BS8110859/DB/LR/004) and the following mitigation measures detailed within the FRA:

1.      Provision of fenced voids with  ...  view the full minutes text for item 55.

Approved – Conditions etc. will be set out in the minutes

The Committee considered application 13/00579/F for alterations to distribution warehouse comprising additional loading docks and reduced external plant compound.

In reaching their decision, the committee considered the officers’ report and presentation.

Resolved

That application 13/00579/Fbe approved, subject to the following conditions:

1.                  Time – 3 years

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 and the materials and finishing details included therein: Application forms, Design and Access Statement, Flood Risk Assessment, 3663 traffic letter and vehicle photographs dated 28.06.13, vehicle and site location plan drawing 4130-100, drawing 4130-105B received 28.06.13, 4130-106A received 29.05.13, 4130-107, 4130-108A received 29.05.13 and 4130-SK15 received 28.06.13.

3.                  That the covered cycle parking and reconfigured parking and manoeuvring areas shall be constructed and laid out in accordance with approved drawing no. 4130-105B received 28.06.13, prior to the use of the building by 3663 and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter.

4.                  If during development, contamination is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority), shall be carried out until the applicant has submitted, and obtained written approval from the Local Planning Authority for, a Method Statement as to how to deal with this contamination. Thereafter the development should be carried out in accordance with those approved details.

5.                  Notwithstanding the provisions of Class A of Part 8, Schedule 2 of the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 1995 and its subsequent amendments, the building shall not be extended or altered without the prior express planning consent of the Local Planning Authority.

6.                  The building shall be used only for purposes falling within Class B8 with associated B1 offices specified in the Schedule to the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005 and for no other purpose(s) whatsoever.

7.                  Notwithstanding the provisions of section 55 (2) (a) (i) of the Town and Country Planning Act 1990 (as amended by Section 49 of the 2004 Act) and Article 2A of the Town and Country Planning (General Development Procedure) Order 1995 and Class A of Part 8, Schedule 2 of the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2010 and its subsequent amendments, no internal operations increasing the floor space available within the building hereby permitted shall be carried out without the prior express planning consent of the Local Planning Authority.

Refused – reasons will be set out in the minutes

The committee considered application 13/00621/OUT for the demolition of Ambrosden Court and erection of 45 No. residential units with access off Merton Road.

Malcolm Cossens, local resident and Mark Longworth, on behalf of Ambrosden Parish Council spoke in objection to the application.

In reaching their decision, the committee considered the officers’ report, written update and presentation and presentation of the public speakers.

Resolved

That application 13/00621/OUT be refused for the following reasons:

1.                  The proposal represents development beyond the built up limits of Ambrosden where there is no proven need for agriculture or other existing undertaking and the application has not been made on the basis that it is a rural exceptions site.  As the proposal cannot be justified on the basis of an identified need it represents sporadic development in the countryside which fails to maintain its rural character and appearance and which fails to conserve and enhance the environment.  The application is, therefore, contrary to Policies H6, H12, H13, H18 and C8 of the adopted Cherwell Local Plan, Policy for Village 2 of the Proposed Submission Local Plan Incorporating Changes March 2013 and Government guidance contained in the National Planning Policy Framework.

2.                  The layout of the site and number of units proposed together with the access arrangement onto the public highway fails to respect the established settlement pattern resulting in an incongruous, prominent, urbanising and discordant built form in a backland position to the serious detriment of the established character and layout of the village and detracting from its rural setting and open countryside adversely affecting the visual amenities of the area contrary to Policies C7, C27, C28 and C30 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

3.                  The proposed access is inadequate in terms of its visibility and proximity to another junction.  Together with the narrowness of Merton Road and provision for pedestrians the proposed development would be detrimental to the safety and convenience of highway users, contrary to Government guidance contained within the National Planning Policy Framework. 

4.                  In the absence of a satisfactory planning obligation, the Local Planning Authority is not convinced that the infrastructure directly required to service or serve the proposed development will be provided. This would be contrary to the Policy R12 of the adopted Cherwell Local Plan, Policies OA1, TR4, R8 and R10A of the Non-Statutory Cherwell Local Plan 2011, Policy INF 1 of the ProposedCherwell Local Plan Proposed Submission Draft March 2013 and government guidance contained within the National Planning Policy Framework.

Refused – reasons will be set out in the minutes

The Committee considered application 13/00709/F for a retrospective - change of use of amenity land to create vehicular access.

Councillor Kieron Mallon addressed the committee as Ward Member.

Heather Johnson, a neighbour, spoke in objection to the application.

Councillor Pickford proposed that application 13/00709/F be refused. Councillor Emptage seconded the proposal.

In reaching their decision, the committee considered the officers’ report, written update, presentation and presentation of the speakers.

Resolved

That application 13/00709/F be refused for the following reason:

The formation of an access way across this area of amenity land will cause harm to the character and appearance of the area. As such it will be contrary to Policies C28 and C30 of the Cherwell Local Plan and to the guidance contained in the National Planning Policy Framework.

Refused – reasons will be set out in the minutes

The committee considered application 13/00718/F, a retrospective application for a variation of condition 2 of 11/01160/F – re-submission of 13/00097/F.

John Fargin, Chairman of Fringford Parish Council spoke in objection to the application.

Robin Ward, the applicant, spoke in support to the application.

Councillor Wood proposed that application 13/00718/F be refused. Councillor Pickford seconded the proposal.

In reaching their decision, the committee considered the officers’ report, written update, presentation and presentation of the speakers.

Resolved

That application 13/00718/F be refused, for the following reasons:

The proposed variation to the unauthorised dwellings does not overcome the impact of the forward positioning of these two houses which are 1.2 metres further towards the road than authorised, and would therefore continue to be harmful to the residential amenity of adjacent properties and to the character and appearance of the street scene, contrary to Policies C28 and C30 of the Cherwell Local Plan and to the guidance contained in the National Planning Policy Framework.

Report of Chief Executive

Summary

The purpose of this report is to advise Members of the use of emergency powers to issue the planning application ref 13/00372/OUT Care Home at Skimmingdish Lane Bicester. 

Recommendation

The Planning Committee is recommended

(1)       To note the Report

Noted

The Committee considered a report of the Chief Executive which advised Members of the use of emergency powers to issue the planning application reference 13/00372/OUT, Care Home at Skimmingdish Lane Bicester.

Resolved

(1)               That the report be noted.

Report of Head of Public Protection and Development Management

Summary

This report aims to keep members informed upon applications which they have authorised decisions upon to various requirements which must be complied with prior to the issue of decisions.

An update on any changes since the preparation of the report will be given at the meeting.

Recommendations

The Planning Committee is recommended to:

(1)               Accept the position statement.

Noted

The Committee considered a report which updated Members on decisions which were subject to various requirements.

Resolved

(1)       That the position statement be accepted

Report of Head of Public Protection and Development Management

Summary

This report aims to keep members informed upon applications which have been determined by the Council, where new appeals have been lodged. Public Inquiries/hearings scheduled or appeal results achieved.

Recommendations

The Planning Committee is recommended to:

(1)               Accept the position statement.

Noted

The Committee considered a report which updated Members on application which had been determined by the Council, where new appeals had been lodged, hearings scheduled or appeal results achieved.

Resolved

(1)       That the position statement be accepted