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:

7. Land South of Overthorpe Road and Adjacent the M40, Banbury, Oxfordshire.

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.

8. OS Parcel 0092 South of Gibbs Field House, Foxhill Lane, Souldern.

Councillor Mike Kerford-Byrnes, Prejudicial, as Ward Member who had expressed a view on the application.

9. 4 The Rookery, Kidlington.

Councillor Tim Emptage, Personal, as a member of Kidlington Parish Council, which had been consulted on 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 advised that petitions and 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 24 May 2012.

The Minutes of the meeting held on 24 May 2012 were agreed as a correct record and signed by the Chairman.

Deferred on the following grounds:

(1)               To allow further consideration of the current position on five year housing supply.

(2)               To allow consideration of the implications for development proposals in villages of the Adderbury appeal decision, received this week.

The Committee considered application 11/01755/OUT for outline planning permission with all matters reserved for the erection of up to 70 dwellings (Class C3), public open space including a play area/amenity space and a balancing pond, associated earthworks to facilitate surface water drainage, landscaping, car parking, a pumping station and other ancillary works.

In introducing the report, the Major Developments Team Leader referred Members to the written update and revised officer recommendation for deferral of consideration of the application to allow further consideration of the current position on five year housing land supply and consideration of the implications for development proposals in villages of the Adderbury appeal decision, received this week.

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

Resolved

That application 11/01755/OUT be deferred on the following grounds:

(1)               To allow further consideration of the current position on five year housing supply.

(2)               To allow consideration of the implications for development proposals in villages of the Adderbury appeal decision, received this week.

Approved, subject to conditions and receipt of comments from English Heritage.

The Committee considered outline application 11/01878/OUT for the erection of up to 115,197sqm of floorspace to be occupied for either B2 or B8 (use classes) or a mixture of both B2 and B8 (use classes). Internal roads, parking and service areas, landscaping and the provision of a sustainable urban drainage system incorporating landscaped area with balancing pond and bund.

The Committee had given consideration to the Members will recall giving consideration to the application at its 22 March 2012 meeting at which time it was  resolved to defer the application to allow officers time to provide further information on traffic management issues, the potential for a relief road and archaeological matters.

In introducing the report, the Senior Planning Officer circulated a list of recommended draft conditions and provided a further verbal update advising Members of the heritage asset conclusions of English Heritage. English Heritage has scheduled the east side of the motorway as a scheduled ancient monument. The west side of the motorway has not been scheduled. The Committee was advised that should Members be minded to approve the application, in addition to the conditions set out in the report, approval should be subject to the receipt of the comments of English Heritage. The Senior Planning Officer confirmed that, depending on the comments, the application may be brought back to the Committee.

In considering the application some Members raised concerns about the movement of Heavy Goods Vehicles in the vicinity and stressed the importance of the inclusion of the relief road on the site and noted the obligation within the proposed s106 agreement relating to the safeguarding of a route for the road.

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

Resolved

That application 11/01878/OUT be approved, subject to:

(i)                 Receipt of comments from English Heritage.

(ii)               Applicant entering into an Agreement acceptable to Cherwell District Council, and Oxfordshire County Council to secure public art, the safeguarding of a route for a relief road across the site whether or not this is required as a result of the Banbury Master Plan work, the safeguarding of a link from the site to the former railway line and a contribution towards the monitoring of the travel plan.

(iii)             Delegated authority to the Head of Public Protection and Major Developments to finalise the wording of the conditions in liaison with South Northamptonshire Council.

(iv)              Departure procedures;

(v)                The following conditions:

(1)               Phasing plan: Prior to the commencement of the development, a phasing plan to cover the entire site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter each reserved matters application shall refer to a phase, phases, or part thereof identified in the phasing plan.

(2)               Landscape bund: Prior to the commencement of the construction of the first building on the site, the landscaping bund shall be constructed in its entirety (along with the whole of the western boundary of the site) in accordance with details to be firstly submitted to and  ...  view the full minutes text for item 22.

Approved, subject to conditions

The Committee considered application 12/00237/F for Erection of 3 no. stables. Consideration of the application had been deferred from the May meeting of the Committee to allow for a formal site visit.

Councillor Mike Kerford-Byrnes addressed the Committee as Ward Member. Following his address, he left the meeting for the debate and vote on the application.

Alan Martin, Chairman of Souldern Parish Council, addressed the Committee in opposition to the applicant.

Claire Minnett, the applicant, addressed the Committee is support of the application.

Members considered the impact of the proposal on the lane leading to the site and increased need for vehicle movement if the application were not approved.

In reaching their decision the Committee considered the officers’ report, presentation and the presentations of the Ward Member and public speakers.

Resolved

That application 12/00237/F be approved, subject to the following conditions:

(1)               SC1.4A Full Permission: Duration Limit (3 years) (RC2)

(2)               Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the following plans and documents listed below:

Application Form, Design and Access Statement, block, floor and elevation plans dated 04.03.2012

(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 the southern and western boundaries of the site, and for the protection of the hedgerow on the eastern boundary of the site, which shall include:

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

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

(c) a scheme for the maintenance of the landscaping,

(d) details of measures to protect the landscaping from grazing horses.

(4)               That all planting, seeding, turfing and methods of protection comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the completion of the development, and that any trees or shrubs which die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless the Local Planning Authority gives written consent for any variation.

(5)               SC2.8A : Colouring: external walls

(6)               That the stables hereby permitted shall be for private recreational use only and shall not be used for any trade, industry, business or other use whatsoever. 

(7)               SC8.7A Stabling/Manure (RC55C)

(8)               SC4.29AA Source Control Measures

Refused

The Committee considered outline application 12/00460/OUT for Outline – 14 no. residential dwellings with associated road infrastructure, parking and garaging.

Derek Smith, a local resident, addressed the Committee in opposition to the applicant.

David Coates, on behalf of the applicant, and Graham Ayris, a local resident, addressed the Committee is support of the application.

In considering the application, Members commented that the layout and design of the site represented overdevelopment and would have a detrimental impact on adjacent properties.

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

Resolved

That application 12/00460/OUT be refused for the following reasons:

(1)               The proposal by virtue of the amount of development and its layout represents a crowded, overdevelopment of the site, conflicting with the general character of the surrounding area which would threaten the long term future of the retained trees, which may be lopped or felled by future occupants, because of the level of shading and leaf drop that would affect the dwellings and private gardens. Furthermore, the crowded layout leaves too little space allocated for suitable replacement tree planting and landscaping which would be required in order to a) mitigate the loss of wildlife habitat b) to provide appropriate screening particularly towards the southern boundary and c) to provide a formal open space area within the centre of the site which will provide for a visual feature as well as an allocated area for replanting. The proposal would therefore be contrary to the provisions of the National Planning Policy Framework requiring good design, delivering a wide choice of high quality homes and conserving and enhancing the natural environment and to Policies NRM5, H5, CC6 and C4 of the South East Plan 2009 and Policies C28 and C33 of the adopted Cherwell Local Plan.

(2)               The proposal by virtue of the amount of development and its layout would be likely to have a seriously detrimental effect on the amenities of the occupiers of the adjacent properties as a result of the level of vehicular activity into the site from The Phelps and also the overdomination and likelihood of overlooking to surrounding propertieswith a consequential loss of privacy.  The proposal is therefore contrary the National Planning Policy Framework requiring good design and delivering a wide choice of high quality homes and Policies CC6, H5, BE1 and BE5 of the South East Plan 2009 and Policies C28 and C30 of the adopted Cherwell Local Plan.

(3)               In the absence of a satisfactory legal agreement, the Local Planning Authority is not convinced that the infrastructure directly required to service or serve the proposed development, including Adult learning facilities, elderly day care resources, community, library and museum facilities, strategic waste, health services and transport measures will be provided. This would be contrary to the National Planning Policy Framework, Policy CC7 of the South East Plan 2009, Policy R12 of the adopted Cherwell Local Plan and Policies OA1, TR4, R8 and R10A of the Non-Statutory Cherwell Local  ...  view the full minutes text for item 24.

Stratford District Council be advised the Cherwell District Council has no comments on the proposal and officers be requested to ensure affected villages in the north of the district are consulted as appropriate.

The Committee considered application 12/00601/ADJ for the proposed erection of 5 wind turbines, up to a maximum tip height of 125 metres high, and other ancillary development including a new vehicular access off the Gaydon Road (B4451), access tracks, vehicular accesses, crane hard standing areas, a control building, underground cabling, construction compound and meteorological mast (Stratford DC ref. 12/00330/FUL). Cherwell District Council was a consultee on this application. Stratford District Council Council would be determining the application.

Members commented that it was disappointing that parishes in Cherwell District Council affected by the application had not been consulted and requested that officers ensure affected villages in the north of the district are consulted as appropriate.

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

Resolved

(1)               That Stratford District Council be advised the Cherwell District Council has no comments on the proposal and officers be requested to ensure affected villages in the north of the district are consulted as appropriate.

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.

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 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.

Noted

The Committee considered a report which updated Members on applications where new appeals had been logged, public inquires hearings scheduled or appealed results received.

Resolved

(1)               That the position statement be accepted.