Agenda and minutes


Planning Committee - Thursday 11 December 2008 4.00 pm

Venue: Bodicote House, Bodicote, Banbury, OX15 4AA. View directions

Contact: Alexa Coates, Legal and Democratic Services  Email: alexa.coates@cherwell-dc.gov.uk (01295) 221591

Items
No. Item

91.

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

Minutes:

Agenda Item 6 Formerly NeithropCounty Primary Infants School, Prescott Close, Banbury.

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

 

 

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

 

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

 

Agenda Item 9 Amenity Area At Sandford Green, Banbury.

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

 

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

 

Councillor D M Pickford, Prejudicial, as a member of the Executive as the Council submitted the application.

 

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

 

Councillor James Macnamara, Prejudicial, as a member of the Executive as the Council submitted the application.

 

Councillor Michael Gibbard, Personal, as a member of the Executive as the Council submitted the application.

 

92.

Petitions and Requests to Address the Meeting

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

Minutes:

There were none.

93.

Urgent Business

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

Minutes:

There was no urgent business.

94.

Minutes pdf icon PDF 59 KB

To confirm as a correct record the Minutes of the meeting of the Committee held on 20 November 2008.

Minutes:

The minutes of the meeting held on 20 November were approved as a correct record and signed by the Chairman.

95.

Formerly Neithrop County Primary Infants School, Prescott Close, Banbury pdf icon PDF 152 KB

Additional documents:

Minutes:

The Committee considered a report of the Head of Development Control and Major Developments for the construction of an extra care block of flats with 40 flats and 60 bed care homes with associated gardens and 42 car parking spaces.

 

The Committee discussed the access to the development and the provision of car parking spaces. The Committee noted the comments of the Local Highway Authority which stated that due to the nature of the establishment visits were likely to be off peak.

 

Resolved

 

Following consideration of the Officers’ report, written updates and presentation the committee resolved that application 08/02066/F be approved subject to the following conditions:

 

(i)                        The applicant entering into a Legal Agreement to secure highways contributions to the provision of a bus stop with a shelter, contributions for off sire play equipment, contributions to public art, community halls and outdoor and indoor sports facilities and library conditions and the following conditions;

 

1.      SC 1.4A (RC2)

2.      SC 2.2A (RC4) ‘bricks’ ‘care home and extra care flats’

3.      SC 2.8 (RC4) ‘render’

4.      SC 2.2B(RC4) ‘tiles/slates’ ‘care home and extra care flats’

5.      SC 2.10 (RC7) ‘care home and extra care flats’

6.      SC 5.5A (RC4) ‘windows and doors’

7.      SC 3.0 (RC10)

8.      SC 3.1 (RC10)

9.      SC 3.4B (RC11) ‘north-western’ ‘2.5’

10.  That full details of the enclosures along all boundaries of the site 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 care home or extra care flats whichever is the earliest. (RC12) Remove ‘and proposed dwellings’ from the reason.

11.  That prior to the commencement of development on the site the existing access road to the site (Prescott Close) shall be widened in accordance with the details shown on plan No. 5003446/921/003/4110/A accompanying the application (as modified by the requirement to safeguard the health of the two oak trees) to a specification to be first submitted to and agreed in writing by the Local Planning Authority relating to phased road works to take account of construction vehicles and final completion. (RC14A)

12.  SC 4.12A (RC14A) ‘Car parking and internal access road’

13.  SC 9.6 (RC87)

14.  Development shall not begin until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority.  The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.  The scheme shall also include details of how the scheme shall be maintained and managed after completion.  Reason:  To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the drainage system.

15.  Prior to the commencement of development approved by this planning permission (or such other date or stage in development  ...  view the full minutes text for item 95.

96.

Manor Farm, Ardley Road, Middleton Stoney pdf icon PDF 800 KB

Additional documents:

Minutes:

The Committee considered a report of the Head of Development Control and Major Developments for the erection of a new grain store.

 

The Committee were satisfied with the evidence presented by the Head of Development Control and Major Developments.

 

Resolved

 

Following consideration of the Officers’ report and presentation the committee resolved that application 08/02112/F be approved subject to the following conditions:

 

1.      SC 1.4 Full Duration Limit (3 years) (RC2)

2.      SC 2.0 Details of materials and finishes (RC4) – GRAIN STORE AND FAN ROOM

3.      SC 8.5 Noise Emission Plant and Equipment (RC4)

 

97.

Land North of Willowbank Farm, Fewcott Road, Fritwell pdf icon PDF 468 KB

Additional documents:

Minutes:

The Committee considered a report of the Head of Development Control and Major Developments for the installation and operation of a meteorological testing mast for the period of one year to evaluate wind resource.

 

The Committee discussed the impact of the mast on the nearby conservation areas in Fewcott and Fritwell, and the Ministry of Defence safeguard area. The Committee also raised concerns relating to the removal of the mast at the completion of the one year period.

 

Officers advised the Committee that the visual impact on the Conservation areas was not great enough to refuse the application and that the Defence Estates had been consulted and raised no objections. The Committee were assured that if the mast was not removed by the applicant one year after erection then the Council would take the necessary enforcement action.

 

Resolved

 

Following consideration of the Officers’ report, written updates and presentation the committee resolved to approve application 08//02236/F subject to the following conditions:

 

1.      SC 1.4A (RC2)

2.      That the developer shall inform the Local Planning Authority, in writing, of the date of installation of the meteorological testing mast and that at the expiration of one year from the date of installation the mast shall be removed from the site and the land shall be restored to its former condition on or before that date.  Reason To enable the Council to review the position at the expiration of the stated period, in order not to prejudice the consideration of future proposals for the land.

 

 

98.

Amenity Area At Sandford Green, Banbury pdf icon PDF 176 KB

Additional documents:

Minutes:

The Committee considered a report of the Head of Development Control and Major Developments for a change of use to an open space car park.

 

Councillor Strangwood spoke in support of the application as Ward Member.

 

The Committee were satisfied with the evidence presented by the Head of Development Control and Major Developments.

 

Resolved

 

Following consideration of the Officers’ report, written updates the committee resolved that application 08/02292/CDC be approved subject to the following conditions and any other deemed necessary by the Local Highway Authority:

 

 

1.         S.C 1.4A (RC2) [Time]

2.        S.C 4.13CC (RC13B) [ Parking and Manoeuvring Area Retained]

3.         That samples of the concrete block pavers to be used in the construction of the parking areas 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 samples so approved.  (RC4)

4.        That three of the nineteen parking spaces shall be disabled parking   spaces and be retained for the life of the development.  Reason – In the interests of highway safety and to comply with Government advice contained in PPG13: transport and Policy T8 of the Oxfordshire Structure Plan 2016.

 

99.

Oxhay Farm, Mollington Road, Cropredy, Oxfordshire pdf icon PDF 504 KB

Additional documents:

Minutes:

The Committee considered a report of the Head of Development Control and Major Developments for the replacement of an existing dwelling and re-use of two small barns for further accommodation and garaging.

 

The Committee considered the scale of the proposed development and the impact on the tenants of the property.

 

Resolved

 

Following consideration of the Officers’ report, written updates and presentation the committee resolved that application 06/01346/F be refused.

100.

Tree Preservation Order (No 03) 2008, Applegate, East End, Hook Norton pdf icon PDF 176 KB

Summary

 

The purpose of this report is to advise Members of an objection received to the above-mentioned Tree Preservation Order (TPO) and to seek approval to confirm the Order.

 

Recommendation

 

It is RECOMMENDED that after consideration of the objection, the comments of the Head of Urban & Rural Services and Head of Development Control and Major Developments the Tree Preservation Order (No.03) 2008 be confirmed.

Additional documents:

Minutes:

The Committee considered a report of the Head of Development Control and Major Developments which sought the confirmation of a tree preservation order which had been opposed at Applegate, East End Hook Norton.

 

Resolved

 

That Tree Preservation Order (No.03) 2008 be confirmed.

101.

Tree Preservation Order (no. 4) 2008 Ash Tree at Land Adjacent to 60 Tadmarton Road, Bloxham pdf icon PDF 155 KB

Summary

 

To seek the confirmation of an unopposed Tree Preservation Order relating to an ash tree at land adjacent to 60 Tadmarton Road, Bloxham (copy plan attached as Annex 1).

 

Recommendation

 

It is RECOMMENDED that the Committee resolves to confirm the Order without modification.

Additional documents:

Minutes:

The Committee considered a report of the Head of Development Control and Major Developments which sought confirmation of an unopposed Tree Preservation Order relating to an ash tree at land adjacent to 60 Tadmarton Road, Bloxham.

 

Resolved

 

That Tree Preservation Order (No.4) 2008 be confirmed.

102.

Tree Preservation order (no. 5) 2008 - Norway Maple at Heriot house, 8 Dog Close, Adderbury pdf icon PDF 123 KB

Summary

 

To seek the confirmation of an unopposed Tree Preservation Order relating to a Norway maple at Heriot House, 8 Dog Close, Adderbury (copy plan attached as Annex 1).

 

Recommendation

 

It is RECOMMENDED that the Committee resolves to confirm the Order without modification.

Additional documents:

Minutes:

The Committee considered a report of the Head of Development Control and Major Developments which sought confirmation of an unopposed Tree Preservation Order relating to a Norway Maple at Heriot House, 8 Dog Close, Adderbury.

 

Resolved

 

That Tree Preservation Order (No.5) 2008 be confirmed.

 

103.

Appeals Progress Report pdf icon PDF 56 KB

Summary

 

This is a standard report item, the aim of which is 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 received.

 

Recommendation

 

It is RECOMMENDED that the Committee resolves to accept this position statement.

 

Minutes:

The Committee considered a report of the Head of Development Control and Major Developments updating Members upon applications which had been determined by the Council, where new appeals had been lodged, public inquires/hearings scheduled or appeal results received.

 

Resolved

 

To accept the position statement.

 

104.

Decisions Subject to Various Requirements - Progress Report, pdf icon PDF 60 KB

Summary

 

This is a standard report item the aim of which is to keep Members informed upon applications which they have authorised decisions upon subject to various requirements which must be complied with prior to the issue of decisions.

 

Recommendation

 

It is RECOMMENDED that the Committee resolve to accept this position statement.

Minutes:

The Committee considered a report of the Head of Development Control and Major Developments updating members upon applications which they had authorised decisions upon, subject to various requirements.

 

Resolved

 

To accept the position statement.

 

105.

Exclusion of the Public and Press

The following report(s) contain exempt information as defined in the following paragraph(s) of Part 1, Schedule 12A of Local Government Act 1972.  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) 7 of Schedule 12A of that Act”.

Minutes:

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 of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraph 7 of Schedule 12A of that Act.

 

EXEMPT

106.

Prosecution Report

Minutes:

The Committee considered a joint report of the Head of Development Control and Major Developments and the Head of Legal and Democratic Services relating to the progress upon authorised enforcement action and prosecution proceeding against authorised developments.

 

 

Resolved

 

To accept the position statement.