Agenda 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 interest with regard to the following agenda items:

4. Land Adjoining and to the North of M40 Motorway.

Councillor Colin Clarke, Personal, as a member of Banbury Town Council who may have previously considered the application.

Councillor Alastair Milne Home, Personal, as a member of Banbury Town Council who may have previously considered the application.

Councillor Ken Atack, Personal, as a resident of Wardington Parish Council which would be affected by the scheme and as he had written to Planning Officers commenting on the proposed temporary A361closure.

Councillor G A Reynolds, Personal, as comments he had made regarding the scheme had been reported in the local press.

Councillor James Macnamara, Prejudicial, as the Member who raised the issue of funding the scheme in the 2008/2009 budget.

10. Willy Freund Centre, Dover Avenue, Banbury, OX16 0JE.

Councillor Colin Clarke, Personal, as a member of Banbury Town Council who may have previously considered the application.

Councillor Alastair Milne Home, Personal, as a member of Banbury Town Council who may have previously considered the application.

Councillor G A Reynolds, Prejudicial, as a member of Executive and Portfolio Holder for Environment, Recreation and Health.

Councillor James Macnamara, Prejudicial, as a member of Executive.

Councillor Ken Atack, Prejudicial, as a member of Executive.

Councillor Michael Gibbard, Prejudicial, as a member of Executive.

The Chairman to report on any requests to submit petitions or to address the meeting.

The Chairman advised the Committee that 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.

The Chairman stated that he had agreed to admit one item of urgent business to the agenda on the Land Adjoining and the North of M40 Motorway, on the grounds that a decision was required on the application before the next meeting of the Planning Committee.

To confirm as a correct record the Minutes of the meeting of the Committee held on 19 November 2009.

The Minutes of the meeting held on 19 November 2009 were agreed as a correct record and signed by the Chairman.

Councillor Reynolds made a statement regarding comments he had made at the Planning Committee of 19 November 2009, apologising for any offence he may have caused and providing assurance that his comments had not been intended to cause offence.

The Committee considered a report of the Head of Development Control and Major Developments on an application for the construction of engineering works to form the Banbury flood alleviation scheme. The works would comprise the construction of an earth embankment adjacent to the OxfordCanal, the local excavation of earth and clay material to construct the embankment, realignment of two sections of the River Cherwell, the raising of an 850m long section of the A361. The whole works to the north of the M40 would increase the floodwater storage capacity of the existing natural floodplain. There would also be the construction of a secondary embankment and floodwalls at Wildmere Industrial Estate to lesson the risk of flooding to industrial premises on that estate (as amended by drawing Nos 07012501 P04 and 07012502 P05 received 03/08/09 and Addendum to Environmental Statement considering CPO No. 4 and Cropredy Bridge Registered Historic Battlefield received 5 November 2009).

Mr Geoff Bell of the Environment Agency spoke in favour of the Application as a representative of the Applicant.

The Committee noted that the application was of strategic importance for the Banbury area. Members expressed concerns about the impact of traffic in the area while the A361 was closed for the engineering works and commented on the importance of consultation with the parish councils in the area throughout the process.

The Committee requested that Officers write to Oxfordshire County Council and South Northamptonshire County Council advising them of the Planning Committee’s concerns about the traffic diversions and the need for weight limits on rural roads during the temporary closure of the A361 and seeking assurance that it would be properly monitored.

In reaching their decision the Committee considered the Officers’ report, presentation and written update and the presentation of the public speaker.

Resolved

That application 09/00570/F be approved subject to the following:

1)                 That authority be delegated to the Head of Development Control and Major Developments to grant Full Planning Permission subject to no new objections (issues not addresses within the Officers’ report) in relation to the addendum to the Environmental Statement having been received from consulted parish councils by Thursday 17 December 2009

And the following conditions:

1)                 1.4A – 3 years time limit (RC2)

2)                 Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the approved schedule of plans and documents attached

3)                 No development shall commence on site until the applicant has secured a staged programme of archaeological investigation in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority. (RC61AA)

4)                 No development shall commence on the temporary crossing of the Oxford Canal until detailed plans of the proposed works and restoration measures have been submitted to and approved in writing by British Waterways and the Local Planning Authority.  The development shall be carried out in accordance with the approved details.

5)                 No development shall take place  ...  view the full minutes text for item 131.

The Head of Development Control and Major Developments advised the Committee that this application had been withdrawn at the request of the applicant.

The Committee considered a report of the Head of Development Control and Major Developments which recommended approval of an application to demolish a single storey bungalow and build a 1 ½ storey outbuilding and detached timber garage. The application was a resubmission of 09/00642/F with a changed design and access statement.

The application had been adjourned from the previous meeting to allow for a site visit.

The Committee considered the impact of the development on the conservation area. Members of the Committee remarked that there was currently a variety of building styles in the area. The Committee considered whether the development constituted infilling. Members of the Committee also raised concerns about the visual impact and the effects of the development on neighbouring properties.

In reaching their decision, the Committee considered the Officers’ report, presentation and written update and the presentations of the objectors and supporters at the Planning Committee meeting of 19 November 2009.

Councillor Clarke proposed that application 09/01302/F be refused. Councillor Milne Home seconded the proposal. The vote to refuse the application was lost and the motion fell.

Councillor Gibbard proposed that application 09/01302/F be approved. Councillor Wyse seconded the proposal.

Resolved

That application 09/01302/F be approved subject to the following conditions:

1)                 SC 1.4A Duration limit – 3 years (RC2)

2)                 SC 2.2BB Samples of the Roofing Materials (RC4A) ‘tiles/slates’ ‘new dwelling and garage/store building’

3)                 SC 2.3CC Natural Stone Sample Panel (RC5B) ‘new dwelling’

4)                 SC 2.2AA Timber Walling Sample ((RC4A) ‘garage/store building’

5)                 SC 2.9AA Obscure Glass Windows (RC6A) ‘first floor bathroom window’ ‘south’

6)                 SC 5.14AA Joinery Details (RC5AA) ‘windows and doors’

7)                 SC 4.13CD Parking and Manoeuvring Area Retained (RC13BB)

8)                 That the means of vehicular access to and from the site shall be taken only from Austin’s Way. (RC13BB)

9)                 SC 6.6AB No Conversion of Garage (RC35AA)

10)             SC 6.2AA Residential  - No Extensions (RC32A)

11)             SC 6.3A Residential – No New Windows (RC33)

12)             SC 3.2AA Retained tree (RC10A)

13)             SC 3.3AA Scheme to be submitted to protect retained trees (RC72A)­

14)             SC 3.5AA Notice of Tree Works and Major Operations (RC73A)

15)             SC 3.11AA Prohibited Activities (RC73A)

16)             SC 3.14A Site supervision (RC73A)

17)             That full details of the enclosures to be provided along the boundaries of the site, including a boundary (with the exception of a pedestrian access) along the southern boundary of the site to prevent vehicular access, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development, and such means of enclosure, shall be erected prior to the first occupation of the dwelling. (RC12AA)

18)             That the roof lights shown on the approved plans shall have a cill height of no less than 1.8m above internal floor height. (RC6A)

19)             That the overall height of the garage be reduced by a minimum of 1m

The Committee considered a report of the Head of Development Control and Major Developments on an application which sought the erection of 9 dwellings to the West and South of Ambrosden Court with associated garaging to the rear of the site and alterations to the existing access to Merton Road.

The Committee considered the impact of the development on the area. The Committee also expressed concern that part of the site was in a flood zone.

In reaching their decision, the Committee considered the Officers’ report, presentation and written update.

Resolved

That application 09/01346/OUT be refused for the following reasons:

1)                 The proposed development of this site for residential purposes, due to its siting outside the built up limits of a Category 1 settlement fails to comply with the adopted Policy H13 of the Cherwell Local Plan, Policy H15 of the Non-statutory Cherwell Local Plan 2011 and CC1 of the South East Plan 2009.

2)                 The layout of the site and number of units proposed 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 central government guidance contained in PPS3, Policies C7, C27 and C30 of the adopted Cherwell Local Plan and Policies D1, D3 and EN34 of the Non-statutory Cherwell Local Plan 2011.

3)                 The application site partially lies within Flood Zones 2 and 3 and in the absence of an acceptable Flood Risk Assessment it fails to comply with the requirements set out in central Government Guidance as contained in Planning Policy Statement 25: Development and Flood Risk and is contrary to Policy NRM4 of the South East Plan 2009.

4)                 The application fails to secure the provision of affordable housing in accordance with Non Statutory Cherwell Local Plan Policy H7 and Planning Policy Statement 3.

The Committee considered a report of the Head of Development Control and Major Developments which recommended refusal of an application for the restoration of and alterations to an existing cottage including a new thatched roof, demolition of the existing single story extension and, and vehicular access with turning facility.

This item had been deferred from the previous meeting to allow for a site visit.

Mr Robert Sutton spoke in favour of the application as the applicant’s agent.

The Committee considered the impact of the development on the street scene and the impact of the development on the rural character of the building and the materials used. The Committee also discussed the need for a bat survey to be carried out at the site before building commenced.

In reaching their decision, the Committee considered the Officers’ report, presentation and written update and the presentation of the public speaker.

Resolved

That application 09/01410/F be approved subject to the following conditions:

1)                 That 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 carried out strictly in accordance with the following plans and documents; plan numbers -  24007-10A, 11B, 12A, 13A, 14, 15.

3)                 That the external walls and roofs and garden wall shall be constructed of local vernacular materials in accordance with a revised schedule of materials and finishes that shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.

4)                 That full design details of all masonry and joinery details; shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The development shall be carried out in accordance with the approved details.

5)                 No works shall take place to the existing cottage until such time as a protected species survey has been carried out by a suitably qualified Ecologist in accordance with details which have first been submitted to and approved in writing by the Local Planning Authority.  Should any protected species be present a mitigation strategy shall be prepared and submitted to and approved in writing the Local Planning Authority prior to work commencing and thereafter carried out in accordance with the approved mitigation scheme.

The Committee considered a report of the Head of Development Control and Major Developments on an application which sought consent for a single storey extension to provide a covered link to an existing small hall and administration office facilities.

The Committee was satisfied with the evidence presented by Officers.

In reaching their decision, the Committee considered the Officers’ report and presentation.

Resolved

That application 09/01476/F be approved subject to the following conditions:

1)                 That 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)                 That the materials to be used for the external walls and roof of the development hereby permitted shall match in terms of colour, type and texture those used on the existing building. 

Report of Head of Development Control and Major Developments

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.

Recommendation

The Planning Committee meeting is recommended to:

(1)               Accept the position statement.

The Committee considered a report of the Head of Development Control and Major Developments which updated Members on decisions which were subject to various requirements.

Resolved

That the position statement be accepted.

Report of the Head of Development Control and Major Developments

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.

Recommendation

The Planning Committee is recommended to:

(1)               Accept the position statement.

The Committee considered a report of the Head of Development Control and Major Developments which updated Members on applications where new appeals had been lodged, public inquiries/hearings scheduled or appeal results received.

Resolved

That the position statement be noted.

Joint Report of the Head of Development Control and Major Developments and the Head of Legal and Democratic Services.

Summary

To consider the progress and operation of public speaking at Planning Committee, proposed constitutional amendments to the planning committee procedure rules and the scheme of delegation and amendment to the Planning Committee Cycle (4 weekly).

Recommendation

The Planning Committee is recommended to:

(1)               Recommend the amendments to the public speaking procedure rules to Council with an implementation date of May 2010

(2)               Recommend the amendments to the scheme of delegation to Council  to take affect after the next Council meeting on 18 January 2010

(3)               Recommend to Council that Planning Committee is held on a four weekly cycle with an implementation date of May 2010

The Committee considered a report of the Head of Development Control and Major Developments and the Head of Legal and Democratic Services on the progress and operation of public speaking at Planning Committee, proposed constitutional amendments to the Planning Committee procedure rules and the scheme of delegation and an amendment to the Planning Committee cycle (from three weekly to four weekly).

The Committee commended Officers for the successful implementation of the Planning Improvement Plan and noted the smooth transition to a single Planning Committee which was operating well.

Resolved

1)                 That the amendments to the Planning Committee public speaking procedure rules be recommended to Council with an implementation of May 2010.

2)                 That the amendments to the Scheme of Delegation be recommended to Council to take effect after the full Council meeting on 18 January 2010.

3)                 That it be recommended to full Council that Planning Committee be held on a four weekly cycle with an implementation date of May 2010.