Agenda, decisions and minutes

Please refer to information above.

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 interests in the following agenda items:

6. Land Between BirminghamLondon Rail Line and Gavray Drive, Bicester.

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

Councillor Rose Stratford, Personal, as a Member of Bicester Town Council which had been consulted on the application.

8. Penrose House, 67 Hightown Road, Banbury.

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

10. Former J A Pye Oxford Ltd site, Langford Locks, Kidlington, OX5 1HZ.

Councillor Tim Emptage, Personal, as a Member of Kidlington Parish Council which had been consulted on the application.

11. 42 South Bar Street, Banbury.

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

12. 42 South Bar Street, Banbury.

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

13. Land at Station Road, Enslow.

Councillor Michael Gibbard, Personal, as the applicant was known to him.

15. 237 Balmoral Avenue, Banbury.

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

20. Appeals Progress Report.

Councillor Mike Kerford-Byrnes, Personal, as the neighbour of the applicants referred to in paragraph 1.1 of the report.

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

The Chairman reported that no petitions had been received and 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.

There was no urgent business.

To confirm as a correct record the Minutes of the meeting of the Committee held on 11 August 2011.

The Minutes of the meeting held on 11 August 2011 were agreed as a correct record and signed by the Chairman.

Approved, subject to conditions

The Committee considered a report which sought an extension of time limit for the implementation of the application 04/02797/OUT which was allowed at appeal for residential development in outline only with all matters reserved.

Dominic Woodfield, local ecologist, and David Redhead, Chairman Upper Thames Branch of Butterfly Conservation, addressed the Committee in opposition to the application.

David Keyse, applicant, addressed the Committee in support of the application.

The Committee considered the ecological impact of the development and noted that the application was outline and therefore further discussions with the applicant could take place.

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

Resolved

That application 10/01667/OUT be approved subject to:

(a)               The applicant entering into a planning obligation satisfactory to the District Council to link the existing Section 106 to this permission to secure the required financial contributions and other matters.

(b)               The following conditions:

(1)               Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the application site plan drawing no. JJG014/101 submitted with the application.

(2)               No development shall be started on any phase until full details of the siting, scale, design, layout and external appearance of all buildings, landscaping and all means of access within that phase, the provision of infrastructure and the laying out of open space, (hereafter referred to as reserved matters) have been submitted to and approved in writing by the Local Planning Authority.  The reserved matters submissions shall be in accordance with the Approved Master Plan and Design Codes, unless otherwise approved in writing by the Local Planning Authority. (RC1)

(3)               In the case of the reserved matters, application for the first reserved matters approval shall be made not later than the expiration of three years from the date of this permission and the last no later than five years from the date of this permission.  (RC1)

(4)               The development to which this permission relates shall be begun not later than whichever is the later of the following dates:

a.      the expiration of five years from the date of the grant of outline permission

b.      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 such matter to be approved.

(5)               No building on the site shall exceed 3 storeys in height.(RC7A)

(6)               The residential development shall be at a range of densities as set out in the Design Codes but at not less than 30 dwellings per hectare in any phase and to achieve an average density of not less than 35 dwellings per hectare across the site. (RC4A)

(7)               No more than 500 dwellings shall be built on the site. (RC8A)

(8)               A strategy for public consultation in respect of the development shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement  ...  view the full minutes text for item 76.

Withdrawn

The Chairman advised the Committee that application 11/00819/F had been withdrawn by the applicant.

Approved, subject to conditions

The Committee considered a report for the Construction of 14 no. apartments including associated landscaping.

The Committee was satisfied with the evidence presented.

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

Resolved

That application 11/00820/F be approved subject to:

(i)         The applicant entering into a planning obligation satisfactory to the District Council to secure financial contributions towards;

a)         the provision and maintenance of outdoor sports facilities in the locality/town

b)         the improvement of education, library, community and waste 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 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.

(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)       The protection of any existing tree to be retained in accordance with the approved plans and particulars shall be achieved as follows:

-        no equipment, machinery or material  ...  view the full minutes text for item 78.

Withdrawn

The Chairman advised the Committee that application 11/00894/F had been withdrawn by the applicant.

Approved, subject to conditions

The Committee considered a report for the erection of 4 no. two storey buildings for B1, B2 or B8 use with associated vehicle access and parking

Members of the Committee raised concerns about traffic movements. Members welcomed the proposal for B1 and B2 use which provided for a range of businesses and employment.

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

Resolved

That application 11/00906/F be approved subject to:

(i)         The applicant entering into a planning obligation satisfactory to the District Council to secure financial contributions towards;

·        transport infrastructure in Kidlington

·        improvement of the OxfordCanal towpath to be paid to British Waterways.

 ii)        The imposition of the following conditions;

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

(2)               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.

(3)               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 and landscape management of the site which shall include:

-                    Tree and hedgerow protection measures

-                    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.

(4)               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.

(5)               The protection of any existing tree to be retained in accordance with the approved plans and particulars shall be achieved as follows:

-        no equipment, machinery or material shall be brought onto the site for the purposes of the development until fencing has been erected in accordance with plans and particulars which shall have been previously approved under condition no. 3 by the Local Planning Authority in writing;

-        if that fencing is broken or removed during the course of carrying out the development, it shall be promptly repaired or replaced in  ...  view the full minutes text for item 80.

Approved, subject to conditions

The Committee considered a report for the conversion of existing offices to 13 no. apartments to include rear service area and bicycle store.

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 11/00974/F be approved subject to

(i)         the applicant entering into a planning obligation satisfactory to the District Council to secure financial contributions towards;

(a)   the provision and maintenance of outdoor sports facilities in the locality/town

(b)   the improvement of education, library, community and waste facilities in the locality/town

(ii)        the imposition of the following conditions:

(1)       SC 1_4A (Time limit 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.

Approved, subject to conditions

The Committee considered a report for the conversion of existing offices to 13 no. apartments to include rear service area and bicycle store. The application was the tandem application to a major planning application (reference 11/00974/F).

The Committee was satisfied with the evidence presented.

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

Resolved

That application 11/00975/LB be approved subject to the following conditions:

(1)       SC 1_5A (Time for implementation specific to Listed Buildings)

(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.

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

(4)               SC 5_5AA (Design details) “internal staircase”

Refused

The Committee considered a report for the demolition of the existing buildings to be replaced with an office building near the entrance to the site, and 7 new residential dwellings.

Kevin Minns, the applicant, addressed the Committee in support of the application. Tony Saunders, Chairman of Bletchingdon Parish Council, addressed the Committee on behalf of The Bletchingdon Community Project in support of the application.

In considering the application, the Committee discussed whether is complied with existing planning policies. Members noted that there were a series of proposals for reform of the planning system which would be introduced by the Localism Bill. The National Planning Policy Framework (NPPF), part of the  governments programme for streamlining the planning system, favoured sustainable development, however as the Localism Bill had not yet been enacted it could not be given much weight and the application had to be considered in line with current planning policies.

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

Resolved

That application 11/01071/OUT be refused for the following reason:

(1)               Enslow is a Category 3 settlement as defined in the adopted Cherwell Local Plan. Policy H15 of the adopted Cherwell Local Plan states that within such settlements new residential development will be restricted to the conversion of non-residential buildings or where an essential need for agriculture, or other existing undertaking, can be established.  It is the opinion of the Local Planning Authority that the proposal does not accord with these provisions and that it would be unsympathetic to its rural context, contrary to Government guidance contained within PPS3: Housing and Policies H15 and C28 of the adopted Cherwell Local Plan.

(2)               The proposal will result in the loss of a significant proportion of an employment site which can continue to make an important contribution to the economic development of the area. As a lack of need has not been established or no substantial and demonstrable planning benefit has been demonstrated, the proposal is contrary to Government advice contained within Policy EC12 of PPS4: Planning for Sustainable Economic Growth, Policy RE3 of the South East Plan 2009 and Policy EMP5 of the Non-Statutory Cherwell Local Plan 2011.

(3)               In the absence of a satisfactory unilateral undertaking or any other form of Section 106 legal agreement, other than the proposed contribution to Bletchingdon Parish Council, the Local Planning Authority is not convinced that the infrastructure directly required to service or serve the proposed development, including affordable housing, open space/play space, off-site playing pitches, off-site indoor sports facilities, education facilities, library facilities and transport measures will be provided. This would be contrary to Policy CC7 of the South East Plan 2009, Policies H5 and R12 of the adopted Cherwell Local Plan and Policies OA1, H7, TR4, R8, R9 and R10A of the Non-Statutory Cherwell Local Plan 2011.

(Councillor Gibbard did not vote on this application as he had declared a personal interest)

Approved, subject to conditions

The Committee considered a report for the demolition of 2 No. buildings and to then erect five new dwellings on the site, along with an associated access drive and parking areas.

Jonathon Wright, agent for the applicant, spoke in support of the application.

The Committee considered if all of the reasons for the original refusal of the application had been adequately addressed and noted that the application before the Committee was different from the original application.

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

Resolved

That application 11/01081/F be approved subject to:

(i)         The comments of the Council’s Ecologist.

(ii)        The following conditions:

(1)               1.4A (RC2) [Full permission: Duration limit (3 years)]

(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: application forms, design and access statement, information received with agent’s email of the 17 August 2011 and drawing numbers 1167CCCD100 rev A, 1167CCCD102 rev A, 1167CCCD103, 1167CCCD201, 1167CCCD211 rev B, 167CCCD212 rev A, 1167CCAB113 rev A (proposed first floor plans), 1167CCCD112 rev C.

(3)               2.0A (RC4A) [Details of materials and external finishes] insert ‘dwellings’ after ‘finishes’ insert ‘including samples’ at end add ‘The development shall be carried out in accordance with the schedule and samples so approved.’

(4)               4.0AB (RC13BB) [Access, specification, proposed (as plan)] insert ‘construction’ ‘dwellings’

(5)               4.12AA (RC14AA) […Surface, laid out etc] insert ‘access road’

(6)               4.13CD (RC13BB) [Parking and manoeuvring area retained]

(7)               That a plan demonstrating the shared pedestrian access to be extended to join to the access road to the site shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The development shall be carried out in accordance with the approved details. (RC13BB)

(8)               2.10A (RC7A) [Floor levels] insert ‘dwellings’

(9)               2.13AA (RC8A) [Demolition of buildings – before commencement of the development]

(10)          3.7AA (RC12AA) [Submit boundary enclosure details (more than one dwelling)]

(11)          3.0A (RC10A) [Submit landscaping scheme]

(12)          3.1A (RC10A) [Carry out landscaping scheme and replacements]

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

(14)          That the full details of the treatment of the gable of the retained dwelling at 20 Portland Road shall be submitted to and approved in writing prior to the commencement of the development. The development shall be carried out in accordance with the approved details. (RC4A)

(15)          Ecology condition as required by the Council’s Ecologist

(16)          6.2AA (RC32A) [Residential – No extensions]

(17)          6.3A (RC33) [Residential – No new windows]

Approved, subject to conditions

The Committee considered a report for a single storey front extension. The application was presented to Committee as the applicant was related to a member of staff.

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 11/01127/F 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 following plans and documents;

-        drawing 108/11/01 (submitted with the application)

-        drawing 108/11/02/A (submitted with the application)

-        the details set out in the application forms

Report of the Strategic Director Planning, Housing and Economy

Summary

To seek confirmation of unopposed Tree Preservation Order (No.08/2011) Wellingtonia Tree at The Vicarage, Cropredy.

Recommendations

The Planning Committee is recommended to:

(1)         Confirm the Order without modification

Tree Preservation Order (No.8/2011) confirmed

The Committee considered a report which sought the confirmation of an unopposed Tree Preservation Order (no.08/2011) relating to a Wellingtonia tree at The Vicarage, Cropredy.

Resolved

That Tree Preservation Order no. 08/2011 be confirmed without modification.

Report of Strategic Director Planning, Housing and Economy

Summary

To seek confirmation of unopposed Tree Preservation Order (No.09/2011) Norway Maple tree at 17 Old School Close, Caversfield.

Recommendations

The Planning Committee is recommended to:

(1)               Confirm the Order without modification

Tree Preservation Order (No.09/2011) confirmed

The Committee considered a report which sought the confirmation of an unopposed Tree Preservation Order (no.09/2011) relating to a Norway Maple tree at 17 Old School Close, Caversfield.

Resolved

That Tree Preservation Order no. 09/2011 be confirmed without modification.

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 reviews caseload statistics.

Recommendation

The Planning Committee is recommended to:

(1)               Accept this report.

Noted

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

The Committee expressed their thanks to the Enforcement Team for their hard work and noted that a number of cases would not be appearing on the next update as they had been complied with.

In response to Member questions about the travellers site at Mollington, the Development Control Team Leader confirmed that officers had held meetings with the occupiers of the site and matters were progressing.

Resolved

That the report be accepted.

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.

Noted

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.

Noted

The Committee considered a report which updated Members on applications where new appeals had been lodged, public inquiries/hearings scheduled or appeal results received.

The Committee expressed their disappointment at the Inspectors decision to allow the appeals by Leda Properties Ltd against the refusal of application 09/01592/OUT and considered the Inspector’s conclusion.

Resolved

That the position statement be accepted.