Agenda and minutes


Planning Committee - Thursday 7 October 2010 4.00 pm

Venue: Bodicote House, Bodicote, Banbury, OX15 4AA

Contact: Michael Sands, Legal and Democratic Services  Email: michael.sands@cherwell-dc.gov.uk (01295) 221554

Media

Items
Note No. Item

72.

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

Additional documents:

Minutes:

Members declared interest with regard to the following agenda items:

 

9. The Indian Pantry, 65 Calthorpe St, Banbury.

 

Councillor G A Reynolds, Prejudicial, as a Member of the Licensing Sub-Committee that considered the application.

 

Councillor Michael Gibbard, Prejudicial, as a Member of the Licensing Sub-Committee that considered the application.

 

73.

Petitions and Requests to Address the Meeting

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

Additional documents:

Minutes:

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

74.

Urgent Business

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

Additional documents:

Minutes:

There was no urgent business.

75.

Minutes pdf icon PDF 92 KB

To confirm as a correct record the Minutes of the meeting of the Committee held on 9 September 2010.

Additional documents:

Minutes:

The Minutes of the meeting held on 9 September 2010 were agreed as a correct record and signed by the Chairman.

10/01340/F

76.

Whitmore Arms, Main Street, Hethe, Bicester OX27 8ES pdf icon PDF 95 KB

Additional documents:

Minutes:

The Committee considered a report for the change of use of premises from Class A4 (public house) to Class C3 (residential).

 

One resident of Hethe spoke in objection to the application.

 

Mr Iain Hodgson spoke in favour of the application as the applicant.

 

The Committee considered the loss of this important village amenity and the marketing exercises carried out by the applicant.

 

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

 

Resolved

 

That application 10/01340/F be refused for the following reaons:

 

(1)          The proposal has failed to adequately demonstrate that the business is unviable in the longer term such that closure is inevitable.  The marketing price is likely to be too high and there is insufficient evidence to show how that valuation was arrived at.   On this basis, the loss of this village service which serves the basic needs of the local community cannot be justified at this time in accordance with policy S29 of the adopted Cherwell Local Plan and policy S26 of the non-statutory Cherwell Local Plan.

 

(2)          The pub is grade II listed and forms part of the established Hethe Conservation Area and its loss would seriously undermine its historic importance as a social venue and meeting place thereby harming the heritage asset of the Conservation Area contrary to central government advice contained in PPS5: Planning for the Historic Environment.

 

(3)          The proposal represents an unsustainable development as it would fail to improve the viability, accessibility or community value of an existing service and facility which is contrary to central government advice contained in PPS1 - Delivering Sustainable Development and PPS7 – Sustainable Development in Rural Areas.

 

10/01021/F

77.

The Otmoor Lodge, Horton Hill, Horton cum Studley, Oxon, OX33 1AY pdf icon PDF 91 KB

Additional documents:

Minutes:

The Committee considered a report for the variation of condition 7 of planning application 07/02478/F to permit the project to be constructed in two phrases.

 

The Committee was satisfied with the evidence presented.

 

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

 

Resolved

 

That application 10/01021/F be approved subject to:

 

i)                    the applicant entering into a legal agreement concerning the maximum cessation of works between phases 1 and 2 of the hotel extensions and the physical treatment of phase 1 in that eventuality.

 

ii)                  the following conditions:

 

(1)               That the part of the hotel extension permitted under planning permission references 06/01927/OUT and 09/01697/REM and 09/00936/F are shown in red on the drawings submitted with this application shall be built concurrently with houses 1 and 2 permitted under 07/02478/F and that thereafter that part of the hotel extension permitted under the above permissions and shown in blue of the drawings submitted with this application shall be built concurrently with houses 3 and 4 of the houses permitted under 07/02478/F.  Neither of the houses in each phase shall be occupied until the related phase of the hotel in complete and ready for use.

 

 

 

10/01055/F

78.

Wardington House Nursing Home, Wardington, Banbury pdf icon PDF 117 KB

Additional documents:

Minutes:

The Committee considered a report for a new bedroom extension to Wardington House Nursing Home.

 

The Committee were satisfied with the evidence presented.

 

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

 

Resolved

 

That application 10/01055/F be approved subject to the following conditions:

 

(1)               SC1.4a [Full Permission: Duration Limit] (3 years) (RC2)

 

(2)               Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following plans and documents: Application forms, Design and Access Statement dated July 2010, RSK Carter Ecological letter dated 14 September 2010, and drawings numbered 001A, 004D, 005D, 006C, 059A, 060G, 063F, 068B, 070J, 072C, 073A, 074B, 075A, 076A, 077A, 078C, 082A, 083C, 084B and 086A.

 

(3)               SC2.2a [Samples of Walling Materials] (RC4a) insert: ‘ashlar stone’, ‘extension’

 

(4)               That the ashlar stone (sample to be agreed in accordance with condition 2) shall be laid in random course height which, other than any quoin stones included on the corners of the extension, shall not exceed a bed depth of 22cm. (RC4a)

 

(5)               SC2.2bb [Samples of Roofing Materials] (RC4a) insert: ‘roofing materials’, ‘extension’

 

(6)               SC5.5 Submit New Design Details] (RC4a) insert: ‘doors, windows, dormer windows and rooflights

 

(7)               SC3.0a [Submit Landscaping Scheme] (RC10a)

 

(8)               SC3.1 [Carry Out Landscaping Scheme and Replacements (RC10a)

 

(9)               SC4.14bc [Plan of Car Parking Provision (Unspecified number of spaces)] (RC15aa)

 

(10)           That the three best practice measures listed on page 3 of the RSK Carter Ecological Animal Walk Over Survey dated 14 September 2010 relating to the removal of grass cuttings, vegetation and the felling of the Holly Trees shall be strictly adhered to.

 

(11)           SC9.6a [Fire Hydrants] (RC87a)

 

10/01278/OUT

79.

Land to the West and South of Numbers 7 to 26 The Green, Chesterton pdf icon PDF 127 KB

Additional documents:

Minutes:

The Committee considered a report for the erection of sixty three dwellings, new village hall/sports pavilion and associated car parking, enlarged playing pitches, new children’s play area, access and landscaping.

 

Mrs Lorna James spoke in objection to the application as a resident of Chesterton.

 

Councillor Philip Clarke spoke in favour of the application as a Member of Chesterton Parish Council.

 

Mr John Walbank spoke in favour of the application as a resident of Chesterton.

 

The Committee considered the impact the proposed development would have on the countryside, given that it was contrary to both the adopted and non-statutory local plan policies. The Committee also considered the potential benefits the proposed development would bring to village amenities.

 

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

 

Resolved

 

That application 10/01278/OUT be refused for the following reasons:

 

(1)               The proposal represents development beyond the built up limits of the settlement and will cause harm to the character and appearance of the countryside. Notwithstanding the Council's short term inability to demonstrate that it has the 5 year supply of housing land required by PPS 3 Housing, the development of this site cannot be justified on the basis of a temporary land supply deficiency alone. A development of this scale is inappropriate given the size of village and existing level of provision of village facilities.  As such the proposed development is contrary to the saved policies H13, H18 and C7 of the adopted Cherwell Local Plan and Planning Policy Statement 3 Housing.

 

(2)               In the absence of a satisfactory unilateral undertaking or any other form of S106 Legal Agreement the Local Planning Authority cannot guarantee that the infrastructure directly required to service or serve the proposed development, including affordable housing, open space/play space, contributions to playing pitches, education facilities, library facilities and transport measures will be provided, which would be contrary to Policies H5, TR1 and R12 of the adopted Cherwell Local Plan and Policies H7, TR4, R8, R9 and R10A of the Non-Statutory Cherwell Local Plan 2011.

 

10/01282/F

80.

The Indian Pantry, 65 Calthorpe St, Banbury pdf icon PDF 95 KB

Additional documents:

Minutes:

The Committee considered a report for the variation of condition 5 of 08/02513/F to extend the operational use of the premises to Monday – Thursday 11am to 11pm, Friday and Saturday 11am to 1am, Sunday and Public Holidays 11am to 11pm.

 

The Committee considered the impact that the proposed change of opening hours would have on neighbouring properties.

 

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

 

Resolved

 

That application 10/01282/F be approved subject to the following conditions:

 

(1)      That at the expiration of 6 months from the date hereof the opening hours specified in this application shall be discontinued and shall revert to those set out in Condition 5 of Application Ref 08/02513/F.

                       

(2)      That the operational use of the premises shall be restricted to the following times:-

           

Monday to Thursday - 11am to 11pm

Friday and Saturday - 11am to 1am

Sunday and Public Holidays - 11am to 11pm

81.

Tree Preservation Order (No. 16) 2010 Sycamore tree at Turnstile House, Barford St. Michael pdf icon PDF 59 KB

Report of Strategic Director Planning, Housing & Economy

 

Summary

 

To seek the confirmation of an opposed Tree Preservation Order relating to a Sycamore tree at Turnstile House, Barford St. Michael (copy plan attached as appendix 1) Tree Preservation Order No. (16/2010)

 

Recommendation

 

The Planning Committee is recommended to:

 

(1)               Confirm Tree Preservation Order 16-10 at the site of Turnstile House, Barford St.Michael OX15 0RF without modification in the interest of public amenity.

 

 

Additional documents:

Minutes:

The Committee considered a report which sought the confirmation of an opposedTree Preservation Order relating to a Sycamore tree at Turnstile House, Barford St Michael.

 

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

 

Resolved

 

That Tree Preservation Order No.16 2010 be confirmed without modification.

 

82.

Tree Preservation Order (No. 17) 2010 Sycamore tree at Hill House, Workhouse Lane, Bloxham pdf icon PDF 62 KB

Report of Strategic Director Planning, Housing & Economy

 

Summary

 

To seek the confirmation of an opposed Tree Preservation Order relating to a Sycamore tree at Hill House, Workhouse Lane, Bloxham (copy plan attached as appendix 1) Tree Preservation Order No. (17/2010)

 

Recommendation

 

The Planning Committee is recommended to:

 

(1)   Confirm Tree Preservation Order 17-10 at the site of Hill House, Workhouse Lane, Bloxham, OX15 4PH without modification in the interest of public amenity.

 

Additional documents:

Minutes:

The Committee considered a report which sought the confirmation of an opposedTree Preservation Order relating to a Sycamore tree at Hill House, Workhouse Lane, Bloxham.

 

The Committee considered the safety and location of the tree.

 

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

 

Resolved

 

That Tree Preservation Order No. 17 2010 be confirmed without modification.

 

83.

Tree Preservation Order (No. 18) 2010 three Hazel trees, six Plum trees, one Apple tree and one Rowan tree at 12 Valentia Close, Bletchingdon pdf icon PDF 54 KB

Report of Strategic Director Planning, Housing & Economy

 

Summary

 

To seek the confirmation of an unopposed Tree Preservation Order relating to three Hazel trees, six Plum trees, one Apple tree and one Rowan tree at 12 Valentia Close, Bletchingdon (copy plan attached as appendix 1) Tree Preservation Order No. (18/2010)

 

Recommendation

 

The Planning Committee is recommended to:

 

(1)      Confirm the Order without modification.

 

Additional documents:

Minutes:

The Committee considered a report which sought the confirmation of an unopposedTree Preservation Order relating to three Hazel trees, six Plum trees, one Apple tree and one Rowan tree at 12 Valentia Close, Bletchingdon.

 

Resolved

 

That Tree Preservation Order No. 18 2010 be confirmed without modification.

 

84.

Quarterly Enforcement Report pdf icon PDF 50 KB

Report of the Strategic Director Planning, Housing and Economy

 

Summary

 

To inform and update Members of the progress of outstanding formal enforcement cases and to inform Members of various caseload statistics.

 

Recommendation

 

The Planning Committee is recommended:

 

(1)               To accept this report.

 

Additional documents:

Minutes:

The Committee considered a report which updated Members on the progress of outstanding formal enforcement cases and informed Members of caseload statistics.

 

Resolved

 

That the report be accepted.

 

85.

Decisions Subject to Various Requirements - Progress Report pdf icon PDF 51 KB

Report of Strategic Director Planning, Housing and Economy

 

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.

 

Additional documents:

Minutes:

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

 

Resolved

 

That the position statement be accepted.

 

86.

Appeals Progress Report pdf icon PDF 47 KB

Report of Strategic Director Planning, Housing and Economy

 

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.

 

Additional documents:

Minutes:

The Committee considered a report 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.