Agenda, decisions 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 interests in the following agenda items:

8. Land South West Of The Mead, Woodstock Road, Yarnton.

Councillor Michael Gibbard, Personal, as a Member of Yarnton Parish Council who had been consulted on the application, but he was not involved with planning matters on the Parish Council.

9. Shipton on Cherwell Quarry, Shipton on Cherwell, Oxfordshire.

Councillor G A Reynolds, Personal, as a Member of Oxfordshire County Council which would determine the application.

Councillor Mrs Catherine Fulljames, Prejudicial, as a Member of Oxfordshire County Council which would determine the application.

10. Shipton on Cherwell Quarry, Shipton on Cherwell, Oxfordshire.

Councillor G A Reynolds, Personal, as a Member of Oxfordshire County Council which would determine the application.

Councillor Mrs Catherine Fulljames, Prejudicial, as a Member of Oxfordshire County Council which would determine the application.

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

There were no petitions or requests to address the Committee.

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 6 October 2011.

The Minutes of the meeting held on 6 October 2011 were agreed as a correct record and signed by the Chairman subject to the following amendments:

Minute 91: Declarations of Interest

Delete declarations of interest for Councillor Lawrie Stratford for agenda item 7. Land to the rear of 81-85 Sheep Street, Bicester, Oxon OX26 6JS and agenda item 8. Land to the rear of 81-85 Sheep Street, Bicester, Oxon OX26 6JS.

Approved, subject to conditions

The Committee considered a report which sought the erection of an Extra Care Home. This report was an update to a report which was considered by Members at Planning Committee on 4 November 2010 at which Members were minded to approve the application for a 50 unit extra care proposal subject to (a) The Local Highway Authority agreement that the parking provision is sufficient; (b) The completion of a S106 agreement to secure the delivery of affordable housing with a cascade mechanism to secure up to 30% based on the viability of the scheme and availability of grant funding; (c) The completion of an agreement or receipt of a unilateral undertaking to secure remaining necessary contributions and (d) conditions.

The Committee was advised that the application was before Members for a second time as the applicants were not willing to enter into a section 106 to secure the delivery of affordable housing even with the inclusion of a cascade mechanism to secure up to 30% affordable housing. The Development Control Team Leader confirmed that the applicant had submitted information which had been appraised by the Council’s Housing Team and an external consultant and demonstrated that it was not possible for the scheme to secure a level of affordable housing.

The Committee confirmed their support for the scheme and the provision of extra care housing. In terms of affordable housing, Members noted that adjacent to the site was a development with a large provision of affordable housing and that there was also an affordable nursing home in Yarnton.

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

Resolved

That application 10/01302/F be approved subject to:

(a)               The completion of an agreement or receipt of a unilateral undertaking to secure the remaining necessary contributions.

(b)               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 following plans and documents.

            Drawing no. PL10 Rev B - Site Location Plan, Proposed Site/Roof Plan

            Drawing no. PL11 Rev A - Proposed Floor Plans

            Drawing no. PL12 - Proposed Elevations (Context)

            Drawing no. PL13 Rev A - Proposed Elevations sheet 1 of 3

            Drawing no. PL14 - Proposed Elevations sheet 2 of 3

            Drawing no. PL15 - Proposed Elevations sheet 3 of 3

(3)               That samples of the brick, stone and render to be used in the construction of the walls of the extra care building 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.

(4)               That samples of the slate/tiles to be used in the covering of the roof of the extra care building shall be submitted to and approved in writing by the Local Planning  ...  view the full minutes text for item 109.

Approved (no conditions)

The Committee considered a report which sought consent to change the use of 50 Market Square from Class B1 (business) to Class A2 (financial and professional services). 

The Committee was satisfied with the evidence presented.

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

Resolved

That application 11/01304/F be approved, with no conditions.

Revised resolution approved as follows:

That temporary consent for a period of three years be granted, subject to conditions.

The Committee considered a report which sought approval for a change of use of land for use as a gypsy and traveller site involving the provision of 3 no. household pitches with no more than 6 no. caravans of which no more than 3 no. shall be static caravans or mobile homes and the erection of 2 no. amenity buildings and associated hardstanding and parking areas.

The Senior Planning Officer reported that following an article on Oxfordshire radio that morning, a number of emails had been received by the planning department objecting to the development on green belt land, lack of consultation and the recommendation for approval being against the view of the parish council.

The Committee was advised that the decision of Inspectors appointed by the Secretary of State to allow the appeal against the refusal of application 10/00839/F for the change of use of land for British Romany Gypsy families at OS Parcel 2678 adjoining A34 by Hampton Gay and Poyle should be taken as a material consideration when considering this application.

The Committee considered the impact of the development on Green Belt and whether there were very special circumstances under which development could be permitted on this occasion. Members acknowledged the objections that had been submitted in relation to the proposal. In considering the application, the Committee noted that the inquiry had criticised the lack of suitable sites in the district which could accommodate gypsy and traveller families. In response to Member’s queries about existing consent for gypsy and traveller sites, the Solicitor advised the Committee that all sites in the district were private and the Council could not therefore control who they permit on their land.

Councillor Gibbard proposed that temporary consent for a period of three years be granted, subject to conditions. Councillor Lawrie Stratford seconded the proposal.

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

Resolved

That application 11/01356/F be approved for a temporary period of three years subject to:

(i)                 Departure procedure

(ii)               The submission of an amended drawing revising the layout of the site, the removal of the objection from the Environment Agency

(iii)             The imposition of the following conditions:

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

(2)               The site shall not be occupied by any persons other than gypsies and travellers as defined in paragraph 15 of ODPM Circular 01/2006.

(3)               No commercial activities shall take place on the land; including the storage of materials and no vehicle over 3.5 tonnes shall be stationed, parked or stored on this site.

(4)               No more than 6 caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 (of which no more than 3 shall be static caravans or mobile homes) shall be stationed on the site at any time.

(5)               Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the documents submitted with the  ...  view the full minutes text for item 111.

Response to consultation agreed subject to inclusion of additional comment requesting improvements to highways and traffic arrangements in the vicinity of the site be carried out before the development of the site (full response will be included in the minutes)

The Committee considered a report which sought the comments of Cherwell District Council on a planning application currently being dealt with by Oxfordshire County Council. The application was for a facility for the importation, storage and processing of inert construction and demolition waste, and operation of an aggregate recycling facility on land at Shipton on Cherwell Quarry and retention of the existing weighbridge, site office and wheelwash to facilitate the operation of the proposed recycling facility (OCC ref. MW.0119/11)

Members considered the highways impact of the proposal and agreed that the council’s consultation response should request that   improvements to highways and traffic arrangements in the vicinity of the site be carried out before the development of the site.

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

Resolved

That Oxfordshire County Council be advised that Cherwell District Council has reservations about the scheme and that despite its apparent temporary nature, this proposal would cause harm by way of inappropriateness and an effect on the openness of the Green Belt.  Clearly there are benefits associated with the ARF and the potential to increase recycling, however the Council is not convinced that these amount to very special circumstances that outweigh the presumption against inappropriate development in the Green Belt, but OCC is best placed to assess whether a very special circumstances case can be made in relation to Green Belt Policy.

The comments made the Cherwell District Council’s Anti Social Behaviour Manager and OCC’s Ecologist should however be taken into account during the determination of the application.

Given the tremendous change in operation of the site, Cherwell District Council requests that improvements to the highways and traffic arrangements in the vicinity of the site be carried out before the development of the site.

Cherwell District Council request that they be informed of the outcome of the application once a decision has been made.

(Councillor Catherine Fulljames left the meeting for the duration of the item.

Councillor Reynolds requested that his abstention from the vote be noted.)

Response to consultation agreed as set out

The Committee considered a report which sought the comments of Cherwell District Council on a planning application currently being dealt with by Oxfordshire County Council. The application was for the continuation of development without complying with condition 6 (importation of waste by road) and with the variance of conditions 1 (time limits) and 7 (volume of waste imported) of planning permission 10/00360/CM, dated 17 June 2010 (OCC ref. MW.0120/11).

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

Resolved

That Oxfordshire County Council be advised that Cherwell District Council has concerns in relation to this proposal as the variation of conditions has the potential to increase traffic movements to the site for a significant period of time to which no end date/restricted time period has been identified. The approval of this may reduce the applicant’s urgency to secure a rail linked waste contract leading to the continued use of the road network for accessing the site, for a period of time which although is temporary, is for a significant amount of time.

Cherwell District Council request that they be informed of the outcome of the application once a decision has been made.

(Councillor Catherine Fulljames left the meeting for the duration of the item. Councillor Reynolds requested that his abstention from the vote be noted.)

Report of Head of Service 8

Summary

To propose a variation to a s106 agreement made with the Rural Housing Trust which would enable better access to mortgage finance for prospective purchasers of shared ownership units.

Recommendations

The Planning Committee is recommended to:

(1)               Approve the variation of the s106 agreement.

Approved

The Committee considered a report of Head of Service 8 which proposed a variation to a s106 agreement made with the Rural Housing Trust which would enable better access to mortgage finance for prospective purchasers of shared ownership units.

Resolved

(1)               That the variation of the s106 agreement be approved.

Report of Director 3

Summary

To seek the confirmation Tree Preservation Order no 02-11 with one objection relating to a Yew tree at Holy TrinityChurch, Shenington (copy plan attached at appendix 1).

Recommendations

The Planning Committee is recommended to:

(1)               Confirm Tree Preservation Order (02/2011) at the site of Holy TrinityChurch, Shenington without modification in the interest of public amenity.

Approved

The Committee considered a report of Director 3 which sought the confirmation Tree Preservation Order no 02-11 with one objection relating to a Yew tree at Holy TrinityChurch, Shenington.

Resolved

(1)               That Tree Preservation Order (02/2011) at the site of Holy TrinityChurch, Shenington be confirmed without modification in the interest of public amenity.

Report of Director 3

Summary

To seek the confirmation Tree Preservation Order no 10-11 with one objection relating to an Apple tree at Plemont, School Lane, NorthNewington, Banbury, Oxon, OX15 6AQ (copy plan attached as Annex 1).

Recommendations

The Planning Committee is recommended to:

(1)               Confirm Tree Preservation Order 10-11 at the site of Holy Plemont, School Lane, North Newington be confirmed without modification in the interest of public amenity.

Approved

The Committee considered a report of Director 3 which sought the confirmation Tree Preservation Order no 10-11 with one objection relating to an Apple tree at Plemont, School Lane, NorthNewington, Banbury, Oxon, OX15 6AQ.

Resolved

(1)               That Tree Preservation Order 10-11 at the site of Holy Plemont, School Lane, North Newington be confirmed without modification in the interest of public amenity.

Report of Development Control Team Leader

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.

Recommendations

The Planning Committee 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

(1)               That the position statement be accepted.

Report of Development Control Team Leader

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.

Recommendations

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.

Resolved

(1)               That the position statement be accepted.