Agenda for Planning Committee on Thursday 5 January 2012, 4.00 pm

Agenda, decisions and minutes


Planning Committee
Thursday 5 January 2012 4.00 pm

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

Contact: Natasha Clark, Law and Governance  Email: natasha.clark@cherwell-dc.gov.uk, 01295 221589

Webcast: View the webcast

Items
Note No. Item

135.

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 interests in the following agenda items:

 

6. Land off School Lane, Cropredy.

Councillor Colin Clarke, Personal, as two of his grandchildren were pupils at the school adjacent to the site.

 

Councillor Ken Atack, Personal, as the applicants were near neighbours and acquaintances.

 

7. Land North of Cropredy & South East of Poplars Farm, Claydon Road, Cropredy.

Councillor Ken Atack, Personal, as the applicants were near neighbours and acquaintances.

 

8. Oxford and Cherwell Valley College (south site), Broughton Road, Banbury.

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

 

Councillor Colin Clarke, Personal, as a member of Banbury Town Council which had been consulted on the application.

 

Councillor George Parish, Personal, as a member of Banbury Town Council which had been consulted on the application.

 

9. Phase 3, Oxford Spires Business Park.

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

 

11. Redlands Farm, Sibford Road, Hook Norton, Banbury.

Councillor Alastair Milne Home, Personal, as the applicant was an acquaintance.

 

136.

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 petitions and requests to address the meeting would be dealt with at each item.

 

137.

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.

138.

Minutes pdf icon PDF 77 KB

To confirm as a correct record the Minutes of the meeting of the Committee held on 1 December 2011.

Additional documents:

Minutes:

The Minutes of the meeting held on 1 December 2011 were agreed as a correct record and signed by the Chairman, subject to the following amendment:

 

Minute 124: Land off School Lane, Cropredy

 

Change “Councillor Atack proposed that the application be deferred for a site visit” to read “Councillor Reynolds proposed that the application be deferred for a site visit”

11/01069/F

139.

Land off School Lane, Cropredy pdf icon PDF 521 KB

Additional documents:

Decision:

Approved, subject to conditions

Minutes:

The Committee considered a report for a proposed marina with new access from Oxford Canal complete with associated car parking and facilities buildings (as amended by plans received 16/09/11). Consideration of the application had been deferred from the Committee’s December meeting to allow for a site visit.

 

Mark Simmons, a local resident, spoke in opposition to the application.

 

Councillor Paul Morley, member of Cropredy Parish Council, spoke in opposition to the application.

 

The Committee raised concerns over child safety due to the proximity of the school to the development. The Development Control Team Leader indicated that the proposed condition 12 of the report could be amended to address this matter. Members also considered flooding, drainage and sustainability and noted that the proposal would have a positive effect on the Cropredy economy.

 

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

 

Resolved

 

That application 11/01069/F be approved subject to the following conditions:

 

(1)               SC 1.4A Full permission: Duration Limit (3years)(RC2)

 

(2)               Plan numbers condition

 

(3)               That samples of the bricks, timber cladding and roof tiles to be used in the construction of the of the walls and the roof of the facilities 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. (RC4A)

 

(4)               That prior to the commencement of development a plan of the proposed access to the highway shall be submitted to and approved in writing by the Local Planning Authority and prior to first use of the proposed development the access shall be constructed in accordance with the approved plan. (RC13BB)

 

(5)               That prior to the commencement of development a construction phase traffic management plan shall be submitted to and approved in writing by the Local Planning Authority.  Throughout the period of construction the approved plan shall be adhered to. (RC13BB)

 

(6)               That prior to first use, the parking and associated manoeuvring areas shall be provided and thereafter maintained without obstruction except for the parking of vehicles. (RC13B)

 

(7)               The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessments (FRA) dated 28 June 2011 ref: WB02048/FRA and the addendum dated 01 September 2011 WB02048/FRA/01 and the following mitigation measures detailed within the FRA:

1.  The access track, car park and site facilities shall be located in Flood Zone 1, as set out in Section 5.1 of the FRA dated 28 June 2011.

2.  There will be no raising of ground levels within Flood Zones 2 and 3, as set out in Section 5.2 of the FRA dated 28 June 2011 and section A4.1 of the FRA dated 01 September.

3.  The wooden walkways shall not be raised above ground level, as set out in Section A3.0 of the FRA dated 01 September.

4. The site access track, footpaths and car  ...  view the full minutes text for item 139.

11/01255/F

140.

Land North of Cropredy & South East of Poplars Farm, Claydon Road, Cropredy pdf icon PDF 611 KB

Additional documents:

Decision:

Approved, subject to conditions

 

Minutes:

The Committee considered a report for a proposed marina with ancillary office, store, car parking, access and associated landscaping.

 

Tim Langer, the applicant, spoke in favour of the application.

 

Councillor Paul Morley, a member of Cropredy Parish Council, spoke in support to the application.

 

The Committee considered the traffic and highways impact of the proposed development. Members noted that British Waterways had endorsed the site.

 

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

 

Resolved

 

That application 11/01255/F be approved subject to the following conditions:

 

(a)               The Environment Agency being satisfied that the FRA is adequate and that the proposal will not result in increased risk of flooding.

 

(b)               The Council being satisfied that appropriate Method Statement has been produced to ensure that if great crested newts and or reptiles are found on the site they can be appropriately dealt with.

 

(c)               The following conditions;

 

(1)               SC 1.4A Full permission: Duration Limit (3years)(RC2)

 

(2)               Plan numbers condition

 

(3)               That samples of the timber cladding and roofing material to be used in the construction of the of the walls and the roof of the office and storage buildings 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. (RC4A)

 

(4)               That prior to the commencement of development a plan of the proposed access to the highway shall be submitted to and approved in writing by the Local Planning Authority and prior to first use of the proposed development the access shall be constructed in accordance with the approved plan. (RC13BB)

 

(5)               That prior to the commencement of development a construction phase traffic management plan shall be submitted to and approved in writing by the Local Planning Authority.  Throughout the period of construction the approved plan shall be adhered to. (RC13BB)

 

(6)               That prior to first use, the parking and associated manoeuvring areas shall be provided and thereafter maintained without obstruction except for the parking of vehicles. (RC13B)

 

(7)               Appropriate conditions relating to the Flood Risk Assessment (yet to be recommended)

 

(8)               Appropriate conditions relating to mitigation in ecological reports (yet to be recommended) (RC85A)

 

(9)               SC 9.5A Site clearance to avoid bird nesting/breeding season (RC86A)

 

(10)          That prior to the commencement of development a pre-works check will be carried out by a qualified ecologist to check for the presence of water voles, bats and badgers.  In the event that these species are found the Local Planning Authority shall be notified and appropriate mitigation measures agreed in writing.  The work shall be carried out in accordance with the agreed mitigation measures. (RC85A)

 

(11)          SC 3.0A Submit Landscaping Scheme (RC10A)

 

(12)          SC 3.1A Carry out landscaping scheme (RC10A)

 

(13)          SC 3.2AA Retained trees (RC10A)

 

(14)          SC 3.3AA Scheme to be submitted to protect retained trees (RC72A)

 

(15)          SC 3.4BB Retain existing hedgerows/tree boundary (RC11A)

 

(16)          Prior to  ...  view the full minutes text for item 140.

11/01369/F

141.

Oxford and Cherwell Valley College (south site), Broughton Road, Banbury pdf icon PDF 151 KB

Additional documents:

Decision:

Approved, subject to conditions

 

Minutes:

The Committee considered a report for a Construction of a three storey building, single storey building, link to existing building, demolition of existing bungalow and alterations to car park and landscape works.

 

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 11/01369/F be approved subject to:

 

(a)               The comments of the Council’s Ecologist in relation to the scheme.

 

(b)               The comments of the Local Drainage Authority.

 

(c)               A Legal agreement acceptable to the District Council to secure an element of public art and the maintenance of that public art if it is not to be   provided as part of the development itself.

 

(d)               The following conditions:

 

(1)       1_4A - Full Duration Limit (3 years) (RC2)

 

(2)       Plans Condition. Application forms, Design and Access Statement and 

            Drawings.    

 

(3)       3_0A - Submit Landscaping Scheme (RC10A)

 

(4)       3_1A - Impl Landsc Sch and Reps (RC10A)

 

(5)       That prior to the commencement of the development, a landscape maintenance plan            including time-frame shall be submitted to and agreed in writing by the Local      Planning Authority. The approved maintenance plan shall be strictly adhered to at all     times for the agreed time-frame.  (RC10A)

 

(6)       Scheme Submitted to Pro Rtnd Trees (RC72A)

 

(7)       That full design details of the colour scheme for the 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 approved details.

           

(8)       That full design details of all fenestration 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.

           

(9)       5_5AB - Submit New Design Details (RC4A) insert ‘siting and profile of the spoil to be located to the south west of the site’

 

(10)          That full design details of the external lighting scheme 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.

 

(11)          That prior to the commencement of the development and notwithstanding the approved plans, full details of the layout and construction method of the new service road to the east of the buildings shall be submitted to and agreed in writing by the Local Planning Authority. The service road shall be laid out and constructed in accordance with the approved details.

 

(12)          Prior to the commencement of any works of demolition to building D, a bat inspection and emergence survey shall be carried out, submitted to and agreed in writing  by the Local Planning Authority. If a bat roost is identified, the report shall include details of an appropriate mitigation strategy. Thereafter the development shall proceed in accordance with the approved report and mitigation.

 

(13)          Prior to the commencement of the development, a habitat enhancement scheme to include details of the  ...  view the full minutes text for item 141.

11/01484/F

142.

Phase 3, Oxford Spires Business Park pdf icon PDF 110 KB

Additional documents:

Decision:

Approved, subject to conditions

 

Minutes:

The Committee considered an application relating to the final undeveloped area of Oxford Spires Business Park, which sought planning permission for a three storey office building and associated parking.

 

The Committee was satisfied with the evidence provided.

 

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

 

Resolved

 

That application 11/01484/F be approved subject to the Environment Agency comments, the receipt of the completed unilateral undertaking and the following conditions:

 

(1)               1.4A – Full Perrmission:  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 approved plans: 97119 P01; 97119 P02; 97119 P03 A; 97119 P04 A; 97119 P05 A; 97119 P06 A; 97119 P07 A; MCA002/01/B; and MCA002/02B and the following approved documents: Interim Travel Plan produced by Castledine Associates and dated 26 September 2011; Tree Survey produced by MCA and dated 20 July 2011; Ecological Appraisal produced by Bioscan and dated 11 August 2011.

 

(3)               2.1A Details of Materials and External Finishes – (RC4A)

 

(4)               3.0A - Submit Landscaping Details (RC10A)

 

(5)               3.1A - Carry Out Landscaping Scheme and Replacements (RC10A)

 

(6)               That prior to commencement of any development on the site, notwithstanding the details submitted, an Arboricultural Method Statement (AMS) and Tree Protection Plan (TPP), undertaken in accordance with BS5837:2005 sections (Please specify if relevant) shall be submitted and approved in writing by the Local Planning Authority. All works then to be undertaken in accordance with the agreed document.

 

(7)               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 should include details of:

 

a)                 Induction and personnel awareness of arboricultural matters

b)                 Identification of individual responsibilities and key personnel.

c)   Timing and methods of scheduled arboricultural site monitoring, record keeping, and the subsequent submission of information to the LPA.

d)   Procedures for dealing with variations and incidents.

         Please note, the Local Planning Authority may require the scheme of supervision to be administered by a qualified arboriculturist approved by the Local Planning Authority but instructed by the applicant.

           

8.         Prior to the commencement of any works on site or the carrying out of any operation relating to the provision of services, 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 and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the details so approved.

 

9.   All agreed service trenches, pipe runs, drains or any other excavation to be constructed within the agreed Root Protection Area (RPA) of the tree/trees on the site shall be undertaken in accordance with National Joint Utility Group (NJUG) ‘Guidelines for the Planning, Installation and  ...  view the full minutes text for item 142.

11/01497/F

143.

Seven Springs, South Side, Steeple Aston, Bicester, Oxon, OX25 4RU pdf icon PDF 92 KB

Additional documents:

Decision:

Approved, subject to conditions

 

Minutes:

The Committee considered a report for the proposed installation of 39 ground mounted photo-voltaic panels.

 

Ian Smith, a neighboring resident, spoke in opposition to the application.

 

Charlotte Bartlett, the applicant, spoke in support of the application.

 

In considering the application, some members of the Committee raised concerns about the proposed location of the panels. The Committee noted the benefits of the proposal in terms of renewable energy.

 

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

 

Resolved

 

That application 11/01497/F be approved subject to the following conditions:

 

(1)               SC 1.4    (Time Limit)

 

(2)               Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with plan no AL(10)001 A and all documentation associated with the planning application submission

 

 

 

11/01599/F

144.

Redlands Farm, Sibford Road, Hook Norton, Banbury pdf icon PDF 95 KB

Additional documents:

Decision:

Approved, subject to conditions

Minutes:

The Committee considered a report for new cubicle building and new young stock building.

 

The Committee was satisfied with the evidence presented.

 

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

 

Resolved

 

That application 11/01599/F be approved subject to the following conditions:

 

(1)               S.C. 1.4a [Time Limit]

 

(2)               Plans Condition: Application forms, Design and Access Statement and drawings numbered 01830-00-A-01, 01830-00-A-02, 01830-01-A-02, 01830-01-A-01 and 01830-02-A-01

 

(3)               S.C. 4.21aa  [Surface/Foul Water Drainage]

 

(4)         S.C. 4.22aa [No Surface Water Drainage to Highway]   

 

145.

Quarterly Enforcement Report pdf icon PDF 50 KB

Report of Head of Public Protection and Development Management

 

Summary

 

To inform and update Members of the progress of outstanding formal enforcement cases.

 

Recommendations

 

The Planning Committee is recommended to:

 

(1)       Accept this report.

 

 

 

 

 

 

 

Additional documents:

Decision:

Noted

Minutes:

The Committee considered a report of Head of Public Protection and Development Management which informed and updated Members of the progress of outstanding formal enforcement cases.

 

Resolved

 

(1)       That the report be accepted.

 

146.

Decisions Subject to Various Requirements pdf icon PDF 54 KB

Report of Head of Public Protection and Development Management

 

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.

 

Additional documents:

Decision:

Noted

 

Minutes:

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

 

Resolved

 

(1)               That the position statement be accepted.

 

147.

Appeals Progress Report pdf icon PDF 59 KB

Report of Head of Public Protection and Development Management

 

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.

 

Additional documents:

Decision:

Noted

 

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

 

(1)               That the position statement be accepted.

 

148.

Exclusion of Public and Press

The following report contains exempt information as defined in the following paragraph of Part 1, Schedule 12A of Local Government Act 1972.

 

3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information).

 

Members are reminded that whilst the following item has been marked as exempt, it is for the meeting to decide whether or not to consider it in private or in public. In making the decision, Members should balance the interests of individuals or the Council itself in having access to the information. In considering their discretion Members should also be mindful of the advice of Council Officers.

 

Should Members decide not to make a decision in public, they are recommended to pass the following recommendation: “That, in accordance with Section 100A (4) of Local Government Act 1972, the press and public be excluded form the meeting for the following item of business, on the grounds that it could involve the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.”

 

Additional documents:

Minutes:

Resolved

 

That, in accordance with Section 100A (4) of Local Government Act 1972, the press and public be excluded form the meeting for the following item of business, on the grounds that it could involve the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.

149.

Cotefield Farm, Bodicote

Report of Head of Public Protection and Development Control

Decision:

Recommendations agreed as set out in the exempt report

Minutes:

The Committee considered an exempt report of the Head of Public Protection and Development which updated Members on Cotefield Farm, Bodicote.

 

Resolved

 

That the recommendations as set out in the exempt report, subject to a minor amendment detailed in the exempt minute, be approved.

 

 

 

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