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:

7. Formerly SAPA Profiles UK, Southam Road, Banbury.

Councillor Alastair Milne Home, Personal, as a member of Banbury Town Council who had been consulted on the application.

8. Heyford Park, Camp Road, Upper Heyford.

Councillor Alastair Milne Home, Personal, as he works within the area of the site on occasion.

Councillor Andrew Fulljames, Personal, as a member of Middleton Stoney Parish Council who had been consulted on the application.

Councillor James Macnamara, Personal, as a member of Lower Heyford Parish Council and as warden of St Mary's Lower Heyford Parochial Church which is located within the base.

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

Councillor Alastair Milne Home, Personal, as a member of Banbury Town Council who had been consulted on the application.

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

Councillor D M Pickford, Personal, as a member of Bicester Town Council who had been consulted on the application.

Councillor Leslie F Sibley, Personal, as a member of Bicester Town Council who had been consulted on the application.

12. Old Bodicote House, White Post Road, Bodicote.

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

Councillor G A Reynolds, Prejudicial, as a member of the Executive.

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

Councillor Ken Atack, Prejudicial, as a member of the Executive and a member of the Accommodation Board.

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

13. Old Bodicote House, White Post Road, Bodicote.

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

Councillor G A Reynolds, Prejudicial, as a member of the Executive.

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

Councillor Ken Atack, Prejudicial, as a member of the Executive and a member of the Accommodation Board.

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

14. Penrose House, 67 Hightown Road, Banbury.

Councillor Alastair Milne Home, Personal, as a member of Banbury Town Council who had been consulted on the application.

Councillor Fred Blackwell, Personal, as persons affected by the application are known to him.

15. North Car Park, Castle St, Banbury.

Councillor Alastair Milne Home, Personal, as a member of Banbury Town Council who had been consulted on the application.

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

The Chairman advised that requests to address the Committee 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.

There was no urgent business.

To confirm as a correct record the Minutes of the meeting of the Committee held on 24 February 2011.

The Minutes of the meeting held on 24 February 2011 were agreed as a correct record and signed by the Chairman.

The Committee considered a report for the construction of up to forty six dwellings with associated amenity space, car parking, access roads and public open space.

Members of the Committee raised concerns that the proposal was premature development as the site may still be required for its original possible use as a second primary school site.

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

Councillor Andrew Fulljames proposed that application 10/01381/OUT be refused. Councillor Miss Pickford seconded the proposal. 

Resolved

That application 10/01381/OUT be refused for the following reason:

In the opinion of the Local Planning Authority it is premature to consider the release of this land for housing development, in that until the density and housing mix of the surrounding developments have been established it is not possible to establish beyond reasonable doubt whether this land will be needed for its original possible use as a second primary school site. 

The Committee considered a report for the re-development of a former factory site for employment uses (use classes B1, B2 & B8) with associated car parking, servicing and landscaping.

The Committee was satisfied with the evidence presented.

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

Resolved

That application 10/01575/OUT be approved subject to: 

(i)         The applicants first entering into a planning obligation in respect of infrastructure contributions, green travel plan and the provision of bus stops along the Southam Road;

(ii)        The following conditions:

(1)               SC1.0AB – That no phase of development shall be commenced until full details of the layout, scale, appearance, access and landscaping (hereafter referred to as reserved matters for that phase) have been submitted to and approved in writing by the Local Planning Authority. 

(2)               SC1.1A – That in the case of the reserved matters, application for approval shall be made not later than the expiration of five years beginning with the date of this permission.

(3)               SC1.2A – That the development to which this permission relates shall be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last reserved matters to be approved.

(4)               The first reserved matters submission shall include full details of the landscape bund and landscaping adjacent to the canal. This development shall be carried out in accordance with the approved details, prior to the completion of the development, or first occupation, whichever is the sooner.

(5)               Unless otherwise required by condition, the submission of all reserved matters and the implementation of the development hereby approved, shall be carried out in substantial accordance with the application forms, the design and access statement (as revised February 2011) and drawing numbers 30261-PL-102E Parameters Plan, 12146-09 Proposed Site Access, 1151/10/03 rev B Landscape Proposals for Oxford Canal; 1151/10/04 rev A Landscape proposals Section Canal Boundary; 1151/10/05 rev B illustrative layout Southam Road; 151-10/07 illustrative landscape layout Noral Way received 14.2.11.

(6)               That the buildings hereby approved shall not exceed the measurements as detailed on the revised parameters plan as submitted as part of this application, as determined by external measurement.

(7)               The applicants, or their agents or successors in title, shall be responsible for organising and implementing an archaeological watching brief, to be maintained during the period of construction/during any ground works taking place on the site.  The watching brief shall be carried out by a professional archaeological organisation in accordance with a Written Scheme of Investigation that has first been approved in writing by the Local Planning Authority.

(8)               Following the approval of the Written Scheme of Investigation referred to in Condition 6, no development shall commence on site without the appointed archaeologist being present.  Once the watching brief has been completed, its findings shall be reported to the Local Planning Authority, as agreed in the Written Scheme of Investigation, including all processing, research and analysis necessary to produce  ...  view the full minutes text for item 166.

The Committee considered a report for a proposed new settlement for one thousand and seventy five dwellings, together with associated works and facilities, including employment uses, a school, playing fields and other physical and social infrastructure.

Daniel Scharf, Oxford Trust for Contemporary History (OTCH), spoke in opposition to the application.

Mevyn Dobson, the applicant’s agent, spoke in favour of the application.

The Committee discussed the merits of the application notably that it would provide a clear way forward and certainty for the community settled at the site. Some Members raised concerns that the application had been submitted as an outline rather than full application as possible development on the site had been ongoing for many years. The Committee was pleased that traffic calming measures were included in the proposal. Members commented that the development should seek to retain listed buildings and the heritage of the site where possible. 

In reaching their decision, the Committee considered the officers report, written update and presentation and the presentations of the public speakers.

Resolved

That application 10/01642/OUT be approved subject to:

(i)     The applicant entering into a section 106 agreement with the District and County Council.

(ii)   The following conditions subject to clarification and simplification being agreed with the Chairman prior to finalisation of the prospective permission being issued:

(1)               That no development shall be commenced until full details of the layout, scale, appearance, access and landscaping (hereafter referred to as reserved matters) have been submitted to and approved in writing by the Local Planning Authority. Plans and particulars of the reserved matters referred to above shall be carried out as approved.

(2)               That in the case of the reserved matters, application for approval shall be made not later than the expiration of six years beginning with the date of this permission.

(3)               That the development to which this permission relates shall be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last reserved matters to be approved.

(4)               The development referred to, if undertaken at all, shall be constructed strictly in complete accordance with the schedule of proposed uses specified in para 2.7 of the supporting planning statement to the application.

(5)               The details required in accordance with Condition 1 shall be in general accordance with the provisions of Parameter Plans:

         i)   Illustrative Masterplan (Amended) 031 Rev M

            ii)  Development Uses 023 D

            iii) Buildings and Roads Retained 011 D

            iv) Access 028 D

v)  Buildings Heights

vi) Green Infrastructure

            And with the Environmental Statement dated October 2010; or with such subsequent amendments to any of the above as have first been submitted to and approved in writing by the Local Planning Authority.

(6)               No reserved matters applications shall be submitted pursuant to the outline application or occupation of any buildings the subject of change of use, (other than those which are currently occupied) until such time as a phasing  ...  view the full minutes text for item 167.

The Committee considered a report which updated Members on the progress that was being made in assessing the planning application for the first, exemplar, phase of the proposed eco-development at North West Bicester.

The Strategic Director Planning, Housing and Economy advised the Committee that the report also sought to enable partners working through the Eco Bicester Strategic Delivery Board – SDB - (an informal local partnership established with Government to help implement the Eco Bicister and Eco town) Project to judge progress on the application. This was particularly important for the Government’s Homes & Communities Agency, who have undertaken to provide funding for affordable housing at the site. The Committee was advised that the report did not include a recommendation to determine the application as it would be returned to Planning Committee in due course for determination.

Members of the Committee acknowledged that as the application would be for an exemplar site, it was imperative that the highest eco standards possible were achieved. 

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

Resolved

(1)               That a site visit be arranged for when the planning application for the Bicester Eco Town Exemplar site is submitted to Planning Committee for consideration.

(2)               That the report on the significant progress now being made in assessing the application be noted and that the very encouraging commitment shown by the applicants to meeting the challenges set by the Eco Town Standards be recognised.

The Committee considered a report for a hybrid planning application for 24,005sqm B2 (industrial) and/or B8 (warehouse/distribution) uses (and associated infrastructure) with full details provided for Phase 1 comprising 12,574sqm floor space and all details except external appearance for Phase 2 comprising 11,431sqm floor space.

The Development Control Team Leader advised Members that this application had been approved by Planning Committee at its meeting on 24 February 2011 and had been brought back to the Committee to seek a variation to the agreed conditions and an amended resolution.  

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

Resolved

That application 10/01861/HYB be approved subject to:

(i)                 Applicant entering into a planning obligation to secure contributions towards the transport network and the monitoring of the Travel Plan the subject of condition.

(ii)               Departure procedures (SOS already informed of application);

(iii)             The following conditions previously considered and agreed by Planning Committee:

(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  ...  view the full minutes text for item 169.

The Committee considered a report seeking consent for one dwelling. The application was a resubmission of application 10/00784/F.

Members of the Committee raised concerns that the proposal represented over development and was not in keeping with the Conservation Area.  

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

Resolved

That application 10/01856/F be approved subject to the following conditions:

(1)               SC1.4 (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 information: dwg numbers WG13-020(A), 021(A), 022(A) and 023(A) received on 31.01.11 and dwg numbers 024, 025, 026, the Design & Access Statement and the site location plan received with the application.

(3)               SC2.2BB …..slate……dwelling…..(RC4A)

(4)               SC2.3DD……dwelling……(RC5B)

(5)               SC3.7BB (RC12AA)

(6)         SC4.13CD (RC13BB)

(7)         SC5.5A …….timber windows…….(RC4A)

(8)         SC5.14A ….doors……(RC4A)

(9)         SC5.19A (RC4A)

(10)          SC6.2AA

(11)          SC6.3 (RC4A)

(12)          SC6.6AB

(13)          SC9.13A …….4……(RC93AA)

(14)          The development shall be carried out strictly in accordance with the Arboricultural Method Statement by Trevor Clarkson of Crown Consultants Ltd submitted with the application, unless otherwise agreed in writing by the Local Planning Authority.  (RC72A)

(15)          No service trenches, pipe runs or drains or any other excavation, earth movement or mounding shall be constructed within the Root Protection Areaof the tree/trees on the site, without the prior approval in writing of the Local Planning Authority.

(16)          No works or development shall take place until a scheme of supervision for the arboricultural protection measures has been approved in writing by the Local Planning Authority.  This scheme will be appropriate to the scale and duration of the works and shall include details of:

(a)   Induction and personnel awareness of arboricultural matters

(b)   Identification of individual responsibilities and key personnel.

(c)   Statement of delegated powers.

(d)   Timing and methods of site visiting and record keeping, including updates

(e)   Procedures for dealing with variations and incidents.

The Local Planning Authority will require the scheme of supervision to be administered by a qualified arboriculturist approved by the Local Planning Authority but instructed by the applicant. (RC72A)

(17)          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 details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas. (RC10A)

(18)          That 13 No. 14-18cm tree(s) shall be planted in the first planting season (mid November to end of March) following removal of the tree(s) for which permission has been granted.

(19)          No development shall commence within the application area until the applicant, or their agents or successors in title, has secured the implementation of a staged programme of archaeological investigation and mitigation in accordance with a written scheme of investigation that shall first be submitted to and approved by the Local Planning Authority. The programme of work shall include all processing, research and analysis necessary to produce an accessible and  ...  view the full minutes text for item 170.

The Committee considered a report for the refurbishment and internal upgrade of Listed Building. Demolition of internal walls, reinstatement of partition walls, rewire, new fire alarm system, new data cabling, new tea point/ wc facilities, new lighting, redecoration including carpets. Construction of new boiler house. Installation of new biomass boiler and associated underground pipe works.

The Development Control Team Leader advised Members that should they resolve to grant listed building consent, this intention would need to be reported to the Secretary of State who has the power to call-in the application if he considered it necessary.

The Committee was satisfied with the evidence presented.

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

Resolved

That application 10/01867/LB be approved subject to the following conditions:

(1)               SC 1_5A (Time for implementation of Listed Building Consents).

(2)               Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the plans and documents submitted with the application, including the material and finishing details set out therein.

(3)               SC 5_7B (Making good in materials to match).

The Committee considered a report which sought permission for the construction of a new boiler house, installation of new biomass boiler and associated underground pipe works.

The Committee was satisfied with the evidence presented.

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

Resolved

That application 11/0149/CDC be approved subject to the following conditions:

(1)               SC 1_4A (Time for implementation)

(2)               Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the plans and documents submitted with the application, including the material and finishing details set out therein.

(3)               SC 5_7B (Making good in materials to match)

(4)               Slate sample and treated timber sample for boiler house

The Committee considered a report which sought an extension of the time-limit originally attached to application 04/01395/F – Change of use of Penrose House from offices to residential to create 12 No. flats, erection of three storey residential unit to create 12 No. flats, associated parking, alterations of existing access and works to trees under TPO 12/90.

The Committee was satisfied with the evidence presented.

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

Resolved

That application 10/01877/F be approved subject to:

(i)         the applicants entering into a Section 106 legal agreement with the District and County Councils to secure financial contributions towards;

a)     the provision and maintenance of outdoor sports facilities in the locality/town and the financial equivalent of maintaining a local area of play in accordance with current standards

b)     the improvement of education and library facilities in the locality/town

(ii)        the imposition of the following conditions;                                                                         

(1)               SC 1_4A (Time limit for implementation)

(2)               That the development hereby permitted shall be constructed in accordance with a full schedule of materials and finishes (including samples where appropriate) which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the works hereby approved.

(3)               That full design details of the fenestration to be used on the development 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.

(4)               No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details and retained thereafter unless agreed in writing with the local planning authority.

(5)               That samples of the clay tiles to be used in the covering of the roof of the development 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.

(6)               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:-

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

·        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,

·        details of the hard surface areas, walls, trellis screens, pavements, pedestrian areas, crossing points and steps.

(7)               That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding  ...  view the full minutes text for item 173.

The Committee considered a report for the extension of time-limit to 05/02419/F – Renewal of condition 1 of 00/02486/F (construction of an extra storey on existing car park) to allow the permission to remain in existence for a further period of 5 years.

The Committee was satisfied with the evidence presented.

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

Resolved

That application 11/00057/F be approved subject to the following conditions:

(1)               SC 1_4A (Time for implementation – NB 5 years)

(2)               SC 2_6AA (Materials to match)

(3)               That the proposed metal work shall be painted dark green (RAL 6005). Reason – To ensure that the development is constructed and finished in materials which are in harmony with the materials used on the existing building and to comply with government advice in PPS1: Delivering Sustainable Development and Policies C28 and C29 of the adopted Cherwell Local Plan 1996.

(4)               That the proposed timber cladding shall be stained to match the existing timber cladding on the car park. Reason – To ensure that the development is constructed and finished in materials which are in harmony with the materials used on the existing building and to comply with government advice in PPS1: Delivering Sustainable Development and Policies C28 and C29 of the adopted Cherwell Local Plan 1996.

(5)               That prior to the commencement of the development, full details of the means of drainage shall be submitted to and approved in writing by the Local Planning Authority and the approved drainage scheme shall be implemented prior to the first use of the additional parking created.

(6)               That prior to the first use of the additional parking created, additional disabled parking spaces shall be provided on the ground floor of the car park in accordance with a scheme that shall be submitted to and approved in writing by the Local Planning Authority and such spaces shall be retained thereafter.

The Committee considered a report for an energy from waste facility; incinerator bottom ash processing; air pollution control residue treatment; access road from A41, revision to pit 6 restoration contours and restoration scheme, surface water management and habitat management and the application is accompanied by an Environmental Statement - Ref 11/20000/AWD.

Members of the Committee raised concerns about the impact of the development on traffic flow in the district.

Councillor Mrs Fulljames proposed that Buckinghamshire County Council be advised that Cherwell District Council makes no comment on the proposed development. Councillor Blackwell seconded the proposal. The motion was duly voted on and was lost.

Councillor Miss Pickford proposed that Buckinghamshire County Council be advised that Cherwell District Council raises concerns about the traffic flow on the A41 around Bicester and the knock-on effect that may have on surrounding villages. Councillor Hughes seconded the proposal.

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

Resolved

That Buckinghamshire County Council be advised that Cherwell District Council raises concerns about the traffic flow on the A41 around Bicester and the knock-on effect that may have on surrounding villages,

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.

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

Resolved

That the position statement be accepted.

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.

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.