Agenda, decisions and minutes

The Chairman welcomed Councillors, officers,  members of the public and the press to Cherwell District Council’s first virtual Planning Committee meeting and reminded Members of some key virtual meeting protocols to ensure the efficient and effective running of the meeting.    

7. Rope Walk, 106 Church Street, Kidlington, OX5 2BB.

Councillor Maurice Billington, Declaration, as the applicant was a fellow ward councillor.

9. Land Adj to Promised Land Farm, Wendlebury Road, Chesterton (1740).

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

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

10. Land Adj to Promised Land Farm, Wendlebury Road, Chesterton (1746).

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

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

11. Symmetry Park Phase 2, Morrell Way, Ambrosden.

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

Councillor Lynn Pratt, Declaration, as a member of Bicester Town Council which had been consulted on the application

13. Land Adj to Bullmarsh Close off Middleton Park, Middleton Stoney (0624).

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

Councillor Colin Clarke, Declaration, as a member of the Executive and would leave the meeting for the duration of the item

Councillor George Reynolds, Declaration, as a member of the Executive and would leave the meeting for the duration of the item.

Councillor Lynn Pratt, Declaration, as a member of the Executive and would leave the meeting for the duration of the item.

14. Land Adj to Bullmarsh Close Off Middleton Park, Middleton Stoney (0979).

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

Councillor Colin Clarke, Declaration, as a member of the Executive and would leave the meeting for the duration of the item.

Councillor George Reynolds, Declaration, as a member of the Executive and would leave the meeting for the duration of the item.

Councillor Lynn Pratt, Declaration, as a member of the Executive and would leave the meeting for the duration of the item.

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

The Chairman explained that the speakers would join the virtual meeting prior to the application they are speaking on and requested that Members did not admit the public speakers from the lobby. The Democratic and Elections Officer would admit speakers at the appropriate time.

The Chairman further explained that the 5 minute speaking time limit for objectors and supporters still applied. As there wasn’t a suitable countdown clock to display, he would  time 5 minutes and give a 30 second warning to speakers. Once speakers had addressed the meeting, they would leave the meeting and be able to continue watching the broadcast online.

To confirm as a correct record the Minutes of the meeting of the Committee held on 12 March 2020.

The Minutes of the meeting held on 12 March 2020 were agreed as a correct record and the Chairman confirmed he would sign them in due course.

To receive communications from the Chairman.

The Chairman made the following announcements:

Site Visits

The Chairman explained that the usual standing agenda item “Proposed Pre-Committee Site Visits (if any)” had not been included on the agenda. In light of the current Government restrictions and measures to minimise the spread of Covid-19, the Committee would need to give serious consideration to the necessity of site visits and Planning Officers were considering on a case by case basis if a site visit is essential or if there is an alternative to a site visit. 

At the request of the Chairman, the Interim Senior Manager – Development Management, updated the Committee on application 19/02708/F, Bicester Heritage, Buckingham Road, Bicester, which Members had agreed at their February 2020 meeting to have hold a pre-committee site visit.

The Interim Senior Manager – Development Management explained that officers had been liaising with the applicant about suitable alternatives to a site visit. The applicant had offered to use drones to record across the site thereby enabling a virtual site visit.

The Committee endorsed the approach and agreed to advise Planning Officers if there was anything in particular, they would like to see on the site visit drone footage.

Adjournment

The Chairman advised that due to the length of the agenda, he would call a short adjournment after around two hours at a suitable time in proceedings.

There were no items of urgent business.

Approved, subject to various requirements to be set out in the Minutes

The Committee considered application 20/00377/F, for the conversion of a garage to habitable accommodation at Rope Walk, 106 Church Street, Kidlington, OX5 2BB for Mrs Carmen Griffiths.

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

Resolved

(1)           That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 20/00377/F, 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 Number 983:01, 983:02 and the application form submitted with the application.

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.

Natural Stone to Match Existing

3.    The natural stone to be used to fill in the garage entrance shall be of the same type, texture, colour and appearance as the stone on the existing building and shall be laid dressed, coursed and pointed to match that of the existing building.

Reason - To ensure that the development is constructed and finished in materials which are in harmony with the building materials used in the locality and to comply with Policy 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.

Approved, subject to various requirements to be set out in the Minutes

The Committee considered application 20/00285/F for the construction and operation of a solar photovoltaic ('PV') farm, with battery storage and other associated infrastructure including inverters, security cameras, fencing, access tracks and landscaping at OS Parcel 6086 Adjacent and North West of Railway Line, Ploughley Road, Arncott for Birkett Solar Farm Limited

Richard Taylor, local resident, addressed the Committee in objection to the applicant.

James Hartley-Bond, agent for the applicant, addressed the meeting in support of the application.

In reaching its decision the Committee considered the officer’s report and presentation, the address of the public speakers and the written update.

Resolved

(1)           That authority be delegate to the Assistant Director for Planning and Economy to grant permission for application 20/00285/F, 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 Nos PAP 001 rev 6, PAP 003 rev 07, PAP 004 rev 11, PAP 005 rev 01, PAP 006 rev 01, PAP 007 rev 01, PAP 008 rev 01, PAP 009 rev 01, PAP 010 rev 01, PAP 011 rev 01, PAP 013 rev 01, PAP 014 rev 01, PAP 015 rev 01, PAP 016 rev 01, PAP 017 rev 01, PSS 027 003 001.1, PSS 027 003 001.2, PSS 027 003 001.3, and PSS 027 003 001.4.

·            Planning Design and Access Statement, Landscape and Visual Impact Assessment prepared by Landscape Science Consultancy Ltd dated December 2019, Ecological Assessment prepared by Landscape Science Consultancy Ltd dated January 2020, Historic Environment Desk Based Assessment prepared by AECOM Infrastructure & Environment UK Limited dated January 2020, Flood Risk Assessment prepared by Kaya Consulting Ltd dated January 2020, Geophysical Survey Report prepared by Sumo Survey dated February 2020, Transport Report prepared by Mott MacDonald dated January 2020.

         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.

      Temporary Permission

3.          The permission shall expire no later than 40 years from the date when electricity is first exported from any part of the array to the electricity grid network ('First Export Date'). Written confirmation of the First Export Date shall be provided to the Local Planning Authority no later than one calendar month after the event.

        Reason - In order to safeguard the amenities of the area and protect the rural character of the landscape and to comply with Policies ESD 13 and ESD15 of  ...  view the full minutes text for item 8.

Approved, subject to various requirements to be set out in the Minutes

The Committee considered application 19/01740/HYBRID, a 'Hybrid' planning application comprising outline planning permission (all matters reserved except for access) for B1 development (Use Classes B1a and/or B1b and/or B1c); highway works (including provision of a new roundabout at the junction between Vendee Drive and Wendlebury Road); creation of a wetland and landscaped areas and associated infrastructure works and full planning permission for a health and racquets club, associated access and car parking, outdoor tennis courts, air dome, outdoor swimming pool, spa garden and terrace, and associated landscaping at land adjacent to  Promised Land Farm, Wendlebury Road, Chesterton (1740) for Mr Kelvin Pearce.

Paul Troop, Bicester Bike Users Group, and Richard Cutler, local resident, addressed the Committee in objection to the application.

Mike Pollard, Banbury Ornithological Society, Emma Lancaster, agent for the applicant and Simon Parfitt, David Tucker Associates, addressed the Committee in support of the application.

Councillor Wood proposed that consideration of application 19/01740/HYBRID be deferred as the application should be considered alongside the recently submitted new application for Phase 1 of the Bicester 10 allocation and the highway works and obligations were not sufficient to mitigate the impact of the development. Councillor Sibley seconded the proposal.

At the request of the Chairman the Principal Planning Officer, Caroline Ford, and Joy White, Transport Development Control Lead at Oxfordshire County Council, addressed the Committee to explain the proposed development must be considered on its own merits and consideration of the two schemes together was not necessary or justified by Policy Bicester 10, which does not require a comprehensive approach to development of this allocation. The highway works and obligations requested were what has been considered necessary by Oxfordshire County Council as Local Highways Authority, to mitigate the impact of the development proposed.

Councillor Wood subsequently advised he was withdrawing his proposal to defer consideration of the application.

Councillor Sibley proposed that consideration of application 19/01740/HYBRID be deferred as the application should be considered alongside the recently submitted new application for Phase 1 of the Bicester 10 allocation and the highway works and obligations were not sufficient to mitigate the impact of the development. Councillor Middleton seconded the proposal.

The motion to defer the application was debated and on being put to the vote was lost and subsequently fell.

It was proposed by Councillor Clarke and seconded by Councillor Reynolds that application 19/01740/HYBRID be approved in line with the officer recommendation.

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

Resolved

(1)           That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 19/01740/HYB, subject to:

(i)             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 following (and any amendments as deemed necessary):

a) Highway Works (1) - £598,404.24 (index linked)

b) Highway Works (2) - £50,000 (index linked)

c) Public Transport  ...  view the full minutes text for item 9.

Approved, subject to various requirements to be set out in the Minutes

The Committee considered application 19/01746/OUT, an outline planning application (with all matters reserved excluding access) for B1 development (B1a and/or B1b and/or B1c) and access and associated landscaping and infrastructure works at land adjacent to Promised Land Farm, Wendlebury Road, Chesterton (1746) for Mr Kelvin Pearce.

Richard Cutler, local resident, addressed the Committee in objection to the application.

Emma Lancaster, agent for the applicant addressed the Committee in support of the application.

In reaching its decision the Committee considered the officer’s report and presentation, the addresses of the public speakers and the written update.

Resolved

(1)           That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 19/01746/OUT, subject to:

(i)             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 following (and any amendments as deemed necessary):

a) Highway Works (1) - £598,404.24 (index linked)

b) Highway Works (2) - £50,000 (index linked)

c) Public Transport services - £375,000 (index linked)

d) Public Transport infrastructure - £10,000 (index linked)

e) Travel Plan Monitoring - £3,280 (index linked)

f) Payment of the District Council and County Council monitoring costs – (TBC)

g) That the developer commits to enter into a s278 highway agreement

(ii)            the conditions set out below (and any amendments to those conditions as deemed necessary):

Approved, subject to various requirements to be set out in the Minutes

The Committee considered application 20/00530/F, a full planning application for 4,635sq. m of logistics floor space, within Class B8, including ancillary Class B1 (a) office, (592sq.m), a customer collection facility (112 sq.m), staff mess pod (142 sq.m), and associated infrastructure including external service yard, lorry, van and staff car parking, re-fuelling facility, fencing, landscaping, storm water drainage and private sewage treatment plant, with an access road off Morrell Way at Symmetry Park Phase 2, Morrell Way, Ambrosden for Tritax Symmetry Bicester 2 Ltd.

Councillor Dan Sames and Councillor Nick Cotter addressed the Committee as local ward members .

Mark Wilkes Director of Infrastructure and Sustainability, DPD Group UK Ltd. and Peter Frampton, agent for the applicant addressed the Committee in support of the application.

In reaching its decision the Committee considered the officer’s report and presentation, the addresses of the public speakers and the written update.

Resolved

(1)           That authority be delegated to the Assistant Director Planning and Development to grant permission for application 20/00530/F subject to:

(i)             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 following (and any amendments as deemed necessary):

a) Strategic Transport Contribution - £91,932 (index linked)

b) Public Transport services - £14,637 (index linked)

c) Travel Plan Monitoring - £2.346 (index linked)

d) Highway Works - £148,000 (index linked)

e) Payment of the District Council and County Council monitoring costs – TBC

(ii)            an undertaking that development will not commence until DPD have signed the lease for the site

(iii)          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.

2.    The development hereby permitted shall be used only for purposes falling within Class B8 of the Town and Country Planning (Use Classes) Order 1987 (as amended) or any provision equivalent to that class in any statutory instrument revoking, amending or re-enacting that order and for no other purpose(s) whatsoever.

Reason: In order to retain planning control over the use of the site and in accordance with Government guidance contained within the National Planning Policy Framework.

Compliance with Plans

3.    The development shall not be carried out otherwise than in complete accordance with the approved plans;

               4036-X01-006 P5 Red Line Plan

               4036-X01-007 P9 Estate Plan

               4036-X01-008 P6 GA - Plans – Areas

               4036-X01-010 P6 GA - Elevations & Section

               4036-X01-011 P3 GA - Plans - Offices & Mess Pod

               4036-X01-012 P4 GA - Roof plan

               4036-X01-013 P7 Proposed Site Layout – Planning

               4036-X01-014 P8 External finishes plan

               4036-X01-015 P7 Parking Details Plan

               4036-X01-016 P8 Fencing Details Plan

              4036-X01-017 P7 Site  ...  view the full minutes text for item 11.

Approved, subject to various requirements to be set out in the Minutes

The Committee considered application 20/00286/F for the erection of 12no Passivhaus homes along with associated works including community building, landscaping, parking, vehicular and pedestrian accesses at land south and adjacent  to Cascade Road, Hook Norton for Hook Norton Community Land Trust.

Charlie Luxton and Cathy Ryan, Hook Norton Low Carbon Limited,  addressed the meeting in support of the application.

In reaching its decision the Committee considered the officer’s report and presentation, the addresses of the public speakers and the written update.

Resolved

(1)           That authority be delegated to the Assistant Director for Planning and Development to grant permission, subject to:

(i)             the receipt of satisfactory further information/discussion in regard to drainage and financial contribution (school and public transport) and

(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 following (and any amendments as deemed necessary):

a) Provision of 8 affordable home including local connection criteria

b) Provision of open space and details of management and maintenance arrangements

c) Provision of community centre

d) £106 per dwelling for bins

e) contributions towards expansion of Hook Norton Primary (TBC)

f) contributions towards bus service (TBC)

(iii)          the following conditions (and any amendments to those conditions as deemed necessary) and

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.

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: Application forms and drawing numbers: TBC

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.

Levels

3. No development shall take place until details of all finished floor levels in relation to existing and proposed site levels and to the adjacent buildings have been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall be carried out in accordance with the approved levels.

Reason: In order to safeguard the visual amenities of the area in accordance with advice within Section 12 of the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

Land Investigation

4. Prior to the commencement of the development hereby permitted, a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present, the risks to receptors and to inform the remediation strategy proposals shall be documented as a report undertaken by a competent person and in accordance with DEFRA and  ...  view the full minutes text for item 12.

Approved, subject to various requirements to be set out in the Minutes

The Committee considered application 20/00624/DISC for the discharge of Conditions 3 (Archaeological Written Scheme of Investigation) and 5 (Arboricultural Impact Assessment and Method Statement) of the previously approved application 19/01709/CDC at land adjacent to Bullmarsh Close off Middleton Park, Middleton Stoney (0624) for David Scrimgeour on behalf of Cherwell District Council.

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

Resolved

(1)           That authority be delegated to the Assistant Director for Planning and Development to approve the details submitted in order to satisfy the condition.

Condition 3 – Written Scheme of Investigation

The submitted Oxford Archaeology report titled ‘Bullmarsh Close, Middleton Stoney, Oxfordshire – Written Scheme of Investigation Archaeological Evaluation Feb 2020 (Issue 2, OA Reference: CRGAFA19, NGR: SP 55778 35141)

Condition 5 – Hedgerow Protection

The details outlined in the Sylva Consultancy – Arboricultural Method Statement (Ref: 20025/AMS, Issued: 27.2.2020) submitted with this application, subject to the proviso that prior to commencement of development the hedgerow protection shall be put in place and retained for the length of the construction period.

Approved, subject to various requirements to be set out in the Minutes

The Committee considered application 20/00979/DISC for the discharge of Condition 8 (duct routes for electric vehicle charging) and 9 (boundary & site enclosures) of the previously approved application 19/01709/CDC at land adjacent to Bullmarsh Close off Middleton Park, Middleton Stoney (0979) for Anna Wareham for Cherwell District Council.

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

Resolved

(1)           That authority be delegated to the Assistant Director for Planning and Development to approve the details submitted in order to satisfy the condition.

Condition 8 - Electric vehicle ducting

Prior to the first occupation of any of the dwellings hereby permitted the ducting for electric vehicle charging points shall be provided in accordance with the details on drawing number 9497-CBG-XX-EX-DR-E-15001 Rev 0

Report of Assistant Director Planning and Development

Purpose of report

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 meeting is recommended:

1.1           To accept the position statement.

Resolved

(1)            That the position statement be accepted.

The Assistant Director for Planning and Development submitted a report which informed Members on applications which had been determined by the Council, where new appeals have been lodged, public Inquiries/hearings scheduled or appeal results achieved.

Resolved

(1)           That the position statement be accepted.

The following report contains exempt information as defined in the following paragraphs of Part 1, Schedule 12A of Local Government Act 1972.

6a - to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

6b - to make an order or direction under any enactment.

7 - Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

Members are reminded that whilst the following item(s) have been marked as exempt, it is for the meeting to decide whether or not to consider each of them in private or in public. In making the decision, members should balance the interests of individuals or the Council itself in having access to the information. In considering their discretion members should also be mindful of the advice of Council Officers.

Should Members decide not to make a decision in public, they are recommended to pass the following recommendation: “That, in accordance with Section 100A (4) of Local Government Act 1972, the press and public be excluded from the meeting for the following item(s) of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraph(s) 6a, 6b and 7 of Schedule 12A of that Act.”

Resolved

That, in accordance with Section 100A (4) of Local Government Act 1972, the press and public be excluded from the meeting for the following item(s) of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraph(s) 6a, 6b and 7 of Schedule 12A of that Act.

Exempt report of Assistant Director Planning and Development.

Resolved

(1)          As set out in the exempt minutes.

The Assistant Director Planning and Development submitted an exempt report for the revocation of  Lawful  Development  Certificate.

Resolved

(1)           As set out in the exempt minutes.