Agenda and minutes


Planning Committee - Thursday 24 February 2011 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

144.

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:

 

6. TuthillPark, Wardington.

 

Councillor Ken Atack, Personal, as the applicant was known to him.

 

7. Land east of Dorcas Road adjoining and south of Overthorpe Road, Banbury.

 

Councillor Alastair Milne Home, Personal, as a Member of Banbury Town Council.

 

Councillor Chris Smithson, Personal, as a Member of Banbury Town Council.

 

Councillor Colin Clarke, Personal, as a Member of Banbury Town Council.

 

8. Land South of Overthorpe Road and West of M40, Banbury.

 

Councillor Alastair Milne Home, Personal, as a Member of Banbury Town Council.

 

Councillor Chris Smithson, Personal, as a Member of Banbury Town Council.

 

Councillor Colin Clarke, Personal, as a Member of Banbury Town Council.

 

10. Land to the Rear of The Coach House, Queens Avenue, Bicester.

 

Councillor D M Pickford, Personal, as a Member of Bicester Town Council.

 

Councillor Lawrie Stratford, Personal, as a Member of Bicester Town Council.

 

Councillor Leslie F Sibley, Personal, as a Member of Bicester Town Council.

 

Councillor Rose Stratford, Personal, as a Member of Bicester Town Council.

 

11. 81 Bloxham Road, Banbury.

 

Councillor Alastair Milne Home, Personal, as a Member of Banbury Town Council.

 

Councillor Chris Smithson, Personal, as a Member of Banbury Town Council.

 

Councillor Colin Clarke, Personal, as a Member of Banbury Town Council.

 

13. Land South of 85 East Street, East Street, Fritwell, Oxfordshire.

 

Councillor James Macnamara, Prejudicial, as he had been involved previously with the application.

 

 

14. Blue Gates, Banbury Road, Bicester.

 

Councillor D M Pickford, Personal, as a Member of Bicester Town Council.

 

Councillor Lawrie Stratford, Personal, as a Member of Bicester Town Council.

 

Councillor Leslie F Sibley, Personal, as a Member of Bicester Town Council.

 

Councillor Rose Stratford, Personal, as a Member of Bicester Town Council.

 

145.

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 that requests to address the Committee would be dealt with at each item.

146.

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.

147.

Minutes pdf icon PDF 74 KB

To confirm as a correct record the Minutes of the meeting of the Committee held on 27 January 2011.

Additional documents:

Minutes:

The Minutes of the meeting held on 27 January 2011 were agreed as a correct record and signed by the Chairman.

10/01814/F

148.

Tuthill Park, Wardington pdf icon PDF 113 KB

Additional documents:

Minutes:

The Committee considered a report for the demolition of the existing greenhouse stores and construction of a new workshop and ancillary office/administration accommodation, the refurbishment of the existing industrial buildings and construction of administration/research and development block and the upgrading and reshaping of the existing hard standings to form car parking areas.

 

The Committee considered the possible benefits to the local economy in terms of employment. Members also discussed impact on traffic volume and parking provision at the site.

 

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

 

Resolved

 

That application 10/01814/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 drawing nos. 4170.100, 101, 102, 103, 104 and 105.

 

3)                 That the external walls and roof(s) of the development shall be constructed in accordance with a schedule and samples of materials and finishes which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the works hereby approved.

 

4)                 That the buildings and structures to be demolished on the site at the date of this permission shall be demolished and the debris and materials removed from the site before the proposed buildings hereby approved are first occupied.

 

5)                 That no development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme for landscaping the site which shall include:-

 

a.                  details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas,

 

b.                  details of the existing trees and hedgerows to be retained as well as those to be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation,

 

c.                  details of the hard surface areas, pavements, pedestrian areas, crossing points and steps.

 

6)                 That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out 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;  and that any trees 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 next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation.

 

7)                 No works or development shall take place until a scheme for the protection of the retained trees (section 7, BS59837, the Tree Protection Plan) has been agreed in writing with the Local Planning Authority.  This scheme shall include:

 

                                            i.                        a plan that shows  ...  view the full minutes text for item 148.

10/01816/HYBRID

149.

Land east of Dorcas Road adjoining and south of Overthorpe Road, Banbury pdf icon PDF 125 KB

Additional documents:

Minutes:

The Committee considered a report for a hybrid application for employment generating development consisting of two buildings to be used for B2 and/or B8 uses.

 

The Committee considered the potential benefits that the proposed development could have on the local economy in terms of employment. Members expressed concern regarding the parking provision at the site and the impact on traffic volume.

 

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

 

Resolved

 

That application 10/01816/HYBRID be approved subject to the following:

 

(i)                  Applicant entering into Section 106 Agreement with the County Council to secure contributions towards the transport network and the implementation and monitoring of the Travel Plan

 

(ii)                Departure procedures;

 

The following conditions:

 

1)                 That in the case of unit 2 and associated curtilage, development shall be begun not later that the expiration of three years beginning with the date of this permission

 

2)                 That in the case of unit 1 and associated curtilage no development shall be commenced until full details of the external appearance (hereafter referred to as the reserved matters) have been submitted to and approved in writing by the Local Planning Authority.

 

3)                 That in the case of the reserved matters for unit 1 and associated curtilage, application for approval shall be made not later than the expiration of three years beginning with the date of this permission

 

4)                 That in the case of unit 1 and associated curtilage development shall be begun not later than the expiration of two years from the final approval of the reserved matters.

 

5)                 That except for the external appearance of unit 1 and unless otherwise required via condition, the development hereby approved shall be carried out strictly in accordance with:  Application Forms, Design and Access Statement Revision A dated January 2011, Flood Risk Assessment S1154 dated November 2010, Aspect Ecology Ecological Assessment dated November 2010 and the following drawings numbered: AP(0)010, AP(0)024, AP(0)027, AP(0)028, AP(0)029, AP(0)030, AP(0)031, AP(0)034, AP(0)035, S1154-01B, S1154-06, S1154-07A, S1154-08A, S1154-09A, S1154-10A and 100485E100TDv1 received with the application on 06/12/10 and amended drawings numbered AP(0)011 Rev A, AP(0)012 Rev A, AP(0)013 Rev A, AP(0)014 Rev A, AP(0)015 Rev A, AP(0)016 Rev A, AP(0)020 Rev A, AP(0)021 Rev A, AP(0)022 Rev A, AP(0)023 Rev A, AP(0)025 Rev A, AP(0)026 Rev A, AP(0)032 Rev A received 21/01/11.

 

6)                 That following the first occupation of each unit, all planting, seeding and turfing comprised in the approved details of landscaping relating to the curtilage of each building shall be carried out in the first planting and seeding seasons.

 

7)                 That prior to the first occupation of unit 2 a management plan for the landscaping scheme for the whole site, shall be submitted to and agreed in writing by the Local Planning Authority. The management plan shall be carried out strictly in accordance with the approved details and timescale.

 

8)                 That prior to the installation of any part of any enclosure required in relation to unit 1, full details of the proposed enclosures shall be submitted  ...  view the full minutes text for item 149.

10/01823/OUT

150.

Land South of Overthorpe Road and West of M40, Banbury pdf icon PDF 160 KB

Additional documents:

Minutes:

The Committee considered a report for an outline application for employment generating development consisting of two buildings to be used for B1c/B2 and B8 with ancillary office accommodation.

 

The Committee expressed concern regarding the relief road contained within the site. Members also discussed parking arrangements and the importance of retaining the ditch.

 

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

 

Resolved

 

That application 10/01823/OUT be approved subject to:

 

(i)                  Applicant entering into Section 106 Agreement with the County Council to secure contributions towards the transport network and the implementation and monitoring of the Travel Plan

 

(ii)                Departure procedures;

 

The following conditions:

 

1)                 SC 1.0a Outline: Approval of Reserved Matters Details (RC1).

 

2)                 SC 1.1 Outline: Expiry of Application for Reserved Matters (RC1).

 

3)                 SC 1.2 Outline duration limit (RC1).

 

4)                 SC 3.0a Submit Landscaping Scheme (RC10a).

 

5)                 SC 3.1a Carry Out Landscaping Scheme and Replacements (RC10a).

 

6)                 That the existing line of trees on the eastern side for the site shall be retained in its entirety apart from any poor tree specimens identified to be removed in accordance with the landscaping scheme to be submitted and approved. Furthermore, the existing line of trees shall be reinforced by new tree planting, details of which shall be set out in the landscaping scheme under condition 4 (RC10a).

 

7)                 That full details of all service trenches, pipe runs or drains and any other excavation, earth movement, or mounding required in connection with the development hereby permitted shall be submitted to an approved in writing by the Local Planning Authority prior to such works being commenced. The development shall be carried out in accordance with the details so approved (RC59a).

 

8)                 Prior to the commencement of the development hereby permitted, a detailed method statement to outline the proposed arrangements to ensure that access is maintained to adjacent industrial developments, farmland to the south and public footpaths during construction, including temporary access arrangements to the site during construction and details of wheel washing or road sweeping arrangements during construction, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed and carried out in accordance with the approved method statement.

 

9)                 9.   SC 4.21aa Surface Water and Sewerage Disposal (RC19a) delete ‘the surface water   and’

 

10)             SC 2.10a Floor Levels (RC7a)

 

11)             The development permitted by this planning permission shall only be carried out in  accordance with the approved Flood Risk Assessment (FRA) ref: CS/044664/Rev A produced by Capita Symonds, dated 10 November 2010 and the following mitigation measures detailed within the FRA:

 

·        Surface water discharge rates shall not exceed greenfield runoff rates, as   described in Section 4.2 of the FRA and detailed in Table 3 of the FRA.

 

·        The surface water drainage system shall be designed to safely manage storm events up to and including the 1 in 100 year event with an allowance for climate change in accordance with Section 4.2 of the FRA.

 

·        The surface water drainage system shall  ...  view the full minutes text for item 150.

10/01824/F

151.

7 Colesbourne Road, Bloxham pdf icon PDF 82 KB

Additional documents:

Minutes:

The Committee considered a report for a two storey side and rear extension.

 

The Committee were satisfied with the evidence presented.

 

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

 

Resolved

 

That, subject to the expiration of the neighbour consultation period on 25 February 2011, and the delegation of the authority to issue the permission to the Strategic Director Planning Housing and Economy, application 10/01824/F be approved, subject to following conditions:

 

1)                 1.4A - Full Permission:  Duration Limit (3 years) (RC2)

 

2)                 Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the schedule of materials and approved plans numbered 1, 3, 5, 7 and 9, floor and elevation plan and block plan.

 

3)                 2.6AA – Materials to match (RC5AA)

10/01856/F

152.

Land to the Rear of The Coach House, Queens Avenue, Bicester pdf icon PDF 92 KB

Additional documents:

Minutes:

The Committee considered a report for one dwelling (resubmission of application 10/00784/F).

 

Councillor Miss Pickford requested that application 10/01856/F be deferred in order for a site visit to take place.

 

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

 

Resolved

 

That application 10/01856/F be deferred to enable Members to hold a formal site visit on 24th March 2011.

10/01859/F

153.

81 Bloxham Road, Banbury pdf icon PDF 83 KB

Additional documents:

Minutes:

The Committee considered a report for a two storey and single storey rear extension.

 

The Committee considered the height of the proposed extension.

 

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

 

Resolved

 

That application 10/01859/F be approved subject to:

 

i)            The expiration of the consultation period

 

The following conditions:

 

1)                 SC1.4A (RC2) Duration limit

 

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 no. BWC2010/GB/81BRB (amended plan rec. 07/02/11)

·                    Site and block plan (amended plan rec. 08/02/11)

 

3)                 SC 2.6AA (RC5AA) Materials to match existing

 

4)                 That the first floor windows in the south elevation shall be glazed at all times with obscure glass. (RC6A)

 

10/01879/F

154.

Land Adjacent Radwell Grounds, Duns Tew Road, Hempton pdf icon PDF 83 KB

Additional documents:

Minutes:

The Committee considered a report for a corn store.

 

The Committee considered the issue of noise pollution and dust. Members also considered the possible impact on traffic movement.

 

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

 

Resolved

 

That application 10/01879/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 schedule of materials and approved plans numbered 2176/02 received 20/12/2010 and 2176/04 received on the 27/01/2011 and the site location plan .

 

3)                 The steel cladding shall be in accordance with the sample panel, Corus Colorcoat HPS200 Ultra Juniper Green submitted on the 20/12/2010.

 

4)                 That no development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme for landscaping the site which shall include:-

 

a.                  details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas,

 

b.                  details of the existing trees and hedgerows to be retained as well as those to be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation,

 

c.                  details of the hard surface areas, pavements, pedestrian areas, crossing points and steps.

 

5)                 That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out 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;  and that any trees 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 next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation.

 

6)                 The rated level of noise emitted from grain drying equipment permitted by this approval shall not exceed background noise levels when measured in accordance with British Standard BS 4142:1997’ Method for rating industrial noise affecting mixed residential and industrial areas’  at nearby dwellings.

 

7)                 That the method of mechanical ventilation and dust control of the proposed corn store shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development and shall be installed before the buildings hereby approved are first brought into use and operated in accordance with the approved details at all times thereafter.

 

 

 

11/00028/F

155.

Land South of 85 East Street, East Street, Fritwell, Oxfordshire pdf icon PDF 86 KB

Additional documents:

Minutes:

The Committee considered a report for the erection of a detached four bedroom house, garage and workshop, disabled WC, allotments, pond and landscaping (resubmission of application 10/00677/F).

 

Councillor Macnamara spoke in favour of the application as Ward Member.

 

Mr Clive Shepherd spoke in favour of the application.

 

Mr Robert Thurlow spoke in favour of the application as the applicant.

 

The Committee considered the location of the property in relation to the village boundary and also discussed the size of the proposed development.

 

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

 

Resolved

 

That application 11/00028/F be refused on the following grounds:

 

1)                 The proposal represents an extension of the built up limits of the village into the open countryside, detracting from its rural character and visual amenities of the street scene thereby failing to conserve the heritage asset of the Fritwell Conservation Area and historic buildings in proximity contrary to government guidance in PPS5 – Planning for the Historic Environment, PPS7 – Sustainable Development in Rural Areas and Policies CC6, C4, BE6 of the South East Plan 2009 and Policies C7, C8, H13 and H18 of the adopted Cherwell Local Plan.

 

2)                 The proposed dwelling is incongruous in its setting as its design is incompatible with the appearance, layout, scale and density of existing dwellings in the vicinity detracting from the character of the area and failing to respect the historic settlement pattern contrary to Government Guidance in PPS1 – Delivering Sustainable Development, PPS3 – Housing,  PPS5 – Planning for the Historic Environment and Policies CC6, BE1 and BE6 of the South East Plan 2009 and Policies C27, C28 and C30 of the adopted Cherwell Local Plan.

11/00093/F

156.

Blue Gates, Banbury Road, Bicester pdf icon PDF 92 KB

Additional documents:

Minutes:

The Committee considered a report for the erection of four three bed semi-detached dwellings and four four bed detached dwellings with vehicular access to Banbury Road and individual accesses to Taylor Close.

 

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 11/00093/F be approved subject to:

 

i)             The expiration of the 21 day consultation period

 

The following conditions:

 

1)                 SC 1.4A (RC2) [Time limit]

 

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 no’s P01, P02, P03, P04 and P05.

 

 

3)                 SC 2.0A (RC4A) ‘dwellings and garages’ [Materials and finishes]

 

4)                 SC 3.0A (RC10A) [Submit landscaping]

 

5)                 SC 3.1A (RC10A) [Carry out landscaping]

 

6)                 SC 3.4AA (RC11A) ‘west’ ‘2.5m’ [Retain tree/hedgerow]

 

7)                 SC 3.7AA (RC12AA) [Boundary enclosure details]

 

8)                 SC 4.3AA (RC13BB) (Banbury Road) [Access details for approval]

 

9)                 SC 4.8AA (RC13BB) ‘Banbury Road’ ‘full faced kerb, reinstatement of path and verge’ [Close existing access]

 

10)             That prior to the commencement of the development, the proposed means of access to the dwellings fronting Taylor Close, between the land and the highway, shall be formed, laid out and constructed strictly in accordance with the specification of the means of access attached hereto, and that all ancillary works therein specified shall be undertaken in accordance with the said specification. ‘3 metres’ (RC13BB)

 

11)             That before the development is first occupied, in relation to plot 3, a turning area and three car parking spaces shall be provided within the curtilage of the site so that motor vehicles may enter, turn round and leave in a forward direction and vehicles may park off the highway, and as such the turning area and parking spaces shall be constructed, laid out, surfaced, drained and completed in accordance with specification details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.  The turning area and car parking spaces shall be retained for the parking and manoeuvring of vehicles at all times thereafter. (RC15AA)

 

12)             SC 4.13CD (RC13BB) [Parking and manoeuvring area retained]

 

13)             SC 6.1AA (RC30) [Open fronts]

 

14)             SC 6.2AA (RC32A) [No extensions]

 

15)             SC 6.6AB (RC35AA) [No garage conversion]

 

157.

Variation of obligation which restricts the use of the accommodation ancillary to Buzzard Farm House, Chapel Lane, Little Bourton pdf icon PDF 57 KB

Report of Strategic Director Planning, Housing and Economy

 

Summary

 

To seek the variation by agreement of S106 planning obligations relating to Buzzard Farm House, Chapel Lane, Little Bourton.

 

Recommendation

 

The Planning Committee is recommended:

 

(1)               To allow the variation of S106 planning obligations by agreement as set out in the report.

 

Additional documents:

Minutes:

The Committee considered a report of the Strategic Director, Planning, Housing and Economy which sought the variation by agreement of S106 planning obligations relating to Buzzard Farm House, Chapel Lane, Little Bourton.

 

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

 

Resolved

 

That the variation of S106 planning obligations as set out in the report be allowed.

158.

Tree Preservation Order No. 10/2010 Yew tree at St Peters Church, South Newington pdf icon PDF 52 KB

Report of Strategic Director Planning, Housing & Economy

 

Summary

 

To seek the confirmation of an unopposed Tree Preservation Order (no.10/2010) relating to a Yew tree at St Peters Church, South Newington (copy plan attached as Appendix 1).

 

Recommendation

 

The Planning Committee is recommended:

 

(1)               To confirm Tree Preservation Order (no.10/2010) without modification.

 

Additional documents:

Minutes:

The Committee considered a report of the Strategic Director Planning, Housing and Economy which sought the confirmation of an unopposedTree Preservation Order relating to a Yew tree at St. Peters Church, South Newington.

 

Resolved

 

That Tree Preservation Order No.10/2010 be confirmed without modification.

 

159.

Decisions Subject to Various Requirements pdf icon PDF 51 KB

Report of the 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.

 

160.

Appeals Progress Report pdf icon PDF 59 KB

Report of the 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.