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 the following interests:

8. Calthorpe House, 60 Calthorpe Street, Banbury OX16 5RE.

Councillor G A Reynolds, Disclosable Pecuniary Interest, as a member of Oxfordshire County Council.

Councillor Lawrie Stratford, Disclosable Pecuniary Interest, as a member of Oxfordshire County Council.

Councillor Rose Stratford, Disclosable Pecuniary Interest, as her spouse was a member of Oxfordshire County Council, the applicant.

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

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.

The Chairman reported that she had agreed to one item of exempt urgent business as the matter had arisen after agenda dispatch and a decision was required before the next planning committee meeting. The item would be considered following agenda item 14.

To confirm as a correct record the Minutes of the meeting of the Committee held on 21 June 2012

The Minutes of the meeting held on 21 June 2012 were agreed as a correct record and signed by the Chairman.

Approved, subject to conditions.

The Committee considered application 12/00290/F for the demolition of 33 Oxford Road and erection of 21 dwellings and new access road – amendment to planning permission 09/00939/F.

Doug Glassford, Technical and Construction Director of the company, addressed the committee in support of the application.

Members commented on the need for housing and affordable housing in the area.

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

Resolved

That application 12/00290/F be approved, subject to:

a)         The applicant/s entering into an appropriate legal agreement to the satisfaction of the District Council to secure financial contributions,

b)         the expiry of the re-consultation period

c)         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:

Planning Support Statement by Stansgate Planning dated March 2012 and its Addendum dated June 2012, Design and Access Statement by Malcolm Payne Group dated February 2012, Update Phase 1 and Protected Species Survey Assessment by Worcestershire Wildlife Consultancy dated April 2012, Transport Statement by Banners Gate dated March 2012, Traffic Noise impact report by Hoare Lea and dwg nos. (to be completed) received with the application.

(3)               SC2.0 Details of materials and external finishes (RC4A)

(4)               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:-

a.      details of the proposed tree and shrub planting including their species, number, sizes and positions, together with 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.      details of the hard surface areas, pavements, pedestrian areas, crossing points and steps.

d.      details to also include planting of small trees along the southern edge of the development.

e.      details also to include planting of an avenue of trees through the entrance road to the site, through to the point of exit of the proposed pathway link to Bankside.

(5)               SC3.1A Carry out Landscaping Scheme and Replacements (RC10A)

(6)               That except to allow for the means of access and vision splays the existing hedgerow/trees along the north east boundary of the site shall be retained and properly maintained at a height of not less than 2 metres, and that any hedgerow/tree which may die within five years from the completion of the development shall be replaced and thereafter be properly maintained in accordance with this condition.

(7)               Prior to the commencement of the development hereby permitted details of the provision, landscaping and treatment of open space/play space within the site shall be submitted to and approved in writing  ...  view the full minutes text for item 32.

Refused, for the following reasons:

The proposal represents development beyond the built up limits of the settlement and will cause harm to the character and appearance of the surrounding area. Notwithstanding the Council's short term inability to demonstrate that it has the 5 year supply of housing land required by Paragraph 47 of the NPPF, the development of this site cannot be justified on the basis of a temporary land supply deficiency alone. Notwithstanding the amendments made since the previous application (10/00547/OUT) a development of this scale is remains inappropriate given the size of village and existing level of provision of village facilities.  As such the proposed development is contrary to the saved policies H13, H18 and C7 of the adopted Cherwell Local Plan, policies H16, H19 and EN34 of the Non-Statutory Cherwell Local Plan and the core planning principle of delivering sustainable development and Paragraph 17 of the National Planning Policy Framework.

The Committee considered application 12/00305/OUT for the erection of 44 dwellings, village hall/sports pavilion and associated car parking, enlarged playing pitches, new children’s play area, access and landscaping.

Lorna James, local resident, addressed the Committee in opposition to the application.

Mike Robinson, the applicants agent spoke in support of the application.

Philip Clarke, Chairman of Chesterton Parish Council spoke in support of the application.

In considering the application, some Members commented that it would be a good opportunity for Chesterton and would provide significant enhancements to Chesterton. Some Members made comment that new facilities would bring safer parking solutions

Some Members made comment that it was not clear that the application had full support of the community.  Members also commented that Chesterton currently has approximately 25 acres of sports facilities and there was no need for further sports development in the area.

Councillor Hughes proposed that application 12/00305/OUT be approved. Councillor Randall seconded the proposal. The motion was voted on, lost and fell. It was subsequently proposed and seconded that application 12/00305/OUT be refused.

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

Resolved

That application 12/00305/OUT be refused, for the following reasons:

The proposal represents development beyond the built up limits of the settlement and will cause harm to the character and appearance of the surrounding area. Notwithstanding the Council's short term inability to demonstrate that it has the 5 year supply of housing land required by Paragraph 47 of the NPPF, the development of this site cannot be justified on the basis of a temporary land supply deficiency alone. Notwithstanding the amendments made since the previous application (10/00547/OUT) a development of this scale is remains inappropriate given the size of village and existing level of provision of village facilities.  As such the proposed development is contrary to the saved policies H13, H18 and C7 of the adopted Cherwell Local Plan, policies H16, H19 and EN34 of the Non-Statutory Cherwell Local Plan and the core planning principle of delivering sustainable development and Paragraph 17 of the National Planning Policy Framework.

Resolved

That Councillor Blackwell be appointed Chairman for the following Agenda Item

Approved, subject to conditions

The Committee considered application 12/00555/OUT for Redevelopment of site to demolish existing building and provide 13 apartments, two retail units, parking/servicing, hard and soft landscaping, boundary treatment and alterations to existing access.

The committee was satisfied with the evidence presented.

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

Resolved

That application 12/00555/OUT be approved subject to:

(i)         The completion of a legal agreement with Oxfordshire County Council to provide financial contributions to offset the impact of the development on local facilities, infrastructure and amenities.

(ii)    The following conditions:

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

(2)               That in the case of the reserved matters, application for approval shall be made not later than the expiration of three 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)               That prior to the first occupation of the development the existing means of access onto Calthorpe Street shall be altered and laid out to the approval of the Local Planning Authority and constructed strictly in accordance with the specification of the means of access attached hereto, and that all ancillary works therein specified shall be undertaken in accordance with the said specification.

(5)               That the vision splays shall not be obstructed by any object, structure, planting or other material with a height exceeding 0.6 meters as measured from the carriageway level.

(6)               That before the development is first occupied the parking and manoeuvring areas shall be constructed in accordance with plan 11.10 Rev A dated 02.09.08 hereby approved and shall be constructed, laid out and surfaced, drained and completed and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times.

(7)               That before the development is first occupied the cycle parking areas shall be provided in accordance with plan 11.10 Rev A dated 02.09.08 hereby approved and shall be permanently retained for the parking of cycles thereafter.

(8)               Prior to the commencement of the development hereby permitted a phased risk assessment shall be carried out by a competent person in accordance with current Government and Environment Agency Guidance and Approved Codes of Practice, such as CLR11, BS10175, BS5930 and CIRIA 665. Each phase shall be submitted to and approved in writing by the Local Planning Authority;

(9)               Phase 1 shall incorporate a desk study and site walk over to identify all potential contaminative uses on site, and to inform the conceptual site model.  If potential contamination is identified in Phase 1 then a Phase 2 investigation shall be undertaken.

(10)          Phase 2 shall include a comprehensive intrusive investigation in  ...  view the full minutes text for item 35.

Refused, for the following reason:

The proposal would result in the loss of a village service which on the basis of the application and the contributions received is not conclusively demonstrated as being no-longer viable.  As such, the loss of the service would lead to an unacceptable impact on the character of the area and the local community and would therefore be contrary to Policy S29 of the adopted Cherwell Local Plan 1996, Policy S26 of the non-statutory Cherwell Local Plan 2004, Policy BE5 of the South East Plan 2009 and government advice on supporting a prosperous rural economy and promoting healthy communities contained within the National Planning Policy Framework. 

The Committee considered an application 12/00678/F for the change of use of a vacant public house to C3 residential.

In considering the application, Members questioned the site area. Members made comment that Public Houses could be extremely viable and the village would lose a service should the development go ahead. Members noted that the residents of the Sibford are against the application of change of use and closure of the vacant Public House.

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

Resolved

That application 12/00678/F be refused for the following reason:

The proposal would result in the loss of a village service which on the basis of the application and the contributions received is not conclusively demonstrated as being no-longer viable.  As such, the loss of the service would lead to an unacceptable impact on the character of the area and the local community and would therefore be contrary to Policy S29 of the adopted Cherwell Local Plan 1996, Policy S26 of the non-statutory Cherwell Local Plan 2004, Policy BE5 of the South East Plan 2009 and government advice on supporting a prosperous rural economy and promoting healthy communities contained within the National Planning Policy Framework. 

Approved, subject to conditions

The Committee considered application 12/00807/F for a Rear conservatory.

The Committee was satisfied with the evidence presented.

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

Resolved

That application 12/00807/F be approved, subject to the following conditions:

(1)               SC1.4A Full Permission: Duration Limit (2 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:

(3)               Site location plan, block plan, drawing number WIN 1094-20LD-CON sheet 1 off 5 Rev. A, drawing number WIN 1094-20LD-CON sheet 2 off 5 Rev. A, drawing number WIN 1094-20LD-CON sheet 3 off 5 Rev. A, drawing number WIN 1094-20LD-CON sheet 4 off 5 Rev. A and drawing number WIN 1094-20LD-CON sheet 5 off 5 Rev. A.

(4)               The bricks to be used for the plinth wall of the conservatory hereby permitted shall match     in terms of colour, type and texture those used on the existing building.

Report of Head of Public Protection and Development Management

Summary

To inform and update Members of the progress of outstanding formal enforcement cases and to inform Members of the overall level of activity in the Development Management service

Recommendations

The Planning Committee is recommended:

(1)               To accept this report.

Noted

The Head of Public Protection and Development Management submitted a report that informed and updated Members of the progress of outstanding formal enforcement cases. The report also provided information about the level of activity on planning applications and appeals.

Members commended the work of the team and stressed the need for adequate resources in the enforcement team.

Resolved

(1)               That the report be accepted

Report of Head of Public Protection and Development Management

Summary

To seek the confirmation of an opposed Tree Preservation Order (No 22/2011) relating to 2 No ash trees (copy plan attached as Appendix 1) at Penn House, 9 Walford Road, Sibford Ferris, Banbury.

Recommendations

The Planning Committee is recommended to:

(1)       Confirm the Order without modification

That Tree Preservation Order (No. 22/2011) be confirmed without modification.

The Committee considered a report which sought the confirmation of an opposed Tree Preservation Order (No 22/2011) relating to 2 No ash trees) at Penn House, 9 Walford Road, Sibford Ferris, Banbury.

Resolved

(1)       That Tree Preservation Order No. 22/2011 be confirmed without

           modification

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.

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.”

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.

Exempt Report of Head of Public Protection And Development Management

Recommendation approved as set out in the exempt report

The Committee considered a report to request that Members authorise the serving of a Listed Building Enforcement Notice on The Gate Lodge, Mill Street, Kidlington. 

Resolved

(1)       That authoristaion be given to serve  a Listed Building Enforcement Notice on The Gate Lodge, Mill Street, Kidlington to reinstate the roof truss.