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

Whilst they did not have a Disclosable Pecuniary Interest in agenda item 10, the following members wished it to be known that the applicant was known to them:

CouncillorAtack

Councillor Kerford-Byrnes

CouncillorMacnamara

Councillor Milne Home

Councillor Pickford

Councillor Lawrie Stratford

Councillor Wood

CouncillorAtack left the meeting for the duration of the item. Councillors Kerford-Byrnes, Macnamara and Wood requested that their abstention from the vote be recorded.

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.

There was no urgent business.

To confirm as a correct record the Minutes of the meeting of the Committee held on 19 July 2012.

The Minutes of the meeting held on 19 July 2012 were agreed as a correct record and signed by the Chairman.

Refused

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.

Councillor Victoria Irvine addressed the committee as ward member.

Emma Kane, a member of the Hook Norton Parish Council, spoke in objection to the application.

Kathryn Ventham, agent for the applicant, spoke in support of the application.

In considering the application, members commented on the sustainability of the proposed development, in particular, in relation to the cumulative effect on the sustainability of transport and education. Members also considered the impact on the Council’s strategy for accommodating growth in the District.

Councillor Lawrie Stratford proposed that the application be refused. Councillor Clarke seconded the proposal.

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

Resolved

That application 11/01755/OUT be refused, for the following reasons:

(1)               The proposal represents development beyond the built up limits of the village within open countryside that is not supported by existing or emerging policy or local people. As such the proposal is contrary to the core principles of the NPPF set out at Paragraph 17 and in particular the requirement for a plan led system empowering local people to shape their surroundings, the requirement to take account of different roles and character of different areas recognising the intrinsic character and beauty of the countryside and supporting thriving rural communities, encouraging reuse of brown field land and actively managing patterns of growth to make fullest use of walking, cycling and public transport. Notwithstanding the Council's present inability to demonstrate that it has a 5 year supply of housing land required by Paragraph 47 of the NPPF, the development of this site causes significant adverse effects and is contrary to the Council’s spatial strategy that means the development cannot be justified on the basis of a land supply deficiency alone. As such the proposed development is contrary to polices CC6 and SP3 of the South East Plan and the saved policies H13 and H18 of the adopted Cherwell Local Plan, Policy for villages 1 and 2 and policies BSC3, BSC4 and  ESD1 of the Proposed Submission Draft Cherwell Local Plan May 2012, paragraph 17 of the National Planning Policy Framework.

(2)               In the absence of a satisfactory unilateral undertaking or any other form of S106 Legal Agreement the Local Planning Authority cannot guarantee that the infrastructure directly required to service or serve the proposed development, including affordable housing in line with local needs, open space, sports and recycling facilities including LAP provision, refuse bins and recycling, community facilities, general transport and access impacts (including rights of way), education, school and library infrastructure, day care and adult learning, museum resourcing, strategic waste management and policing; will be provided, which would be contrary to Policies H5, TR1  ...  view the full minutes text for item 48.

Approved, subject to conditions.

The Committee considered application 12/00472/F for the demolition of existing industrial buildings and erection of 28 houses together with associated access, car-parking, open space and landscaping.

David Green, agent for the application spoke in support of the application.

Emma Kane, a member of the Hook Norton Parish Council, spoke in support of the application.

Members commented that the site was a sustainable site for development and noted the support of Hook Norton Parish Council for the proposal.

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

Resolved

That application 12/00472/F be approved subject to:

a)         The expiry of the consultation period (13 August 2012)

b)         The applicant entering into an appropriate legal agreement to the satisfaction of the District Council to secure financial contributions to infrastructure improvements, including but subject to final agreement 30% affordable housing, indoor and outdoor off site sports provision, community hall improvements, open space provision and maintenance (or management company agreement), highway and transportation contributions, public art, education contributions, library stock, day centres and healthcare contributions;

c)         Conditions (subject to amendment under delegated authority);

(1)               Full Permission: Duration Limit (2 years) (RC2)

(2)               Plan numbers

(3)               Sample materials

(4)               Details of vehicular access, parking provision and turning areas

(5)               S278 works – dropped kerb and uncontrolled pedestrian crossing

(6)               Construction traffic management plan

(7)               No conversion of garage

(8)               Surface water drainage details and implementation

(9)               Submit hard and soft landscaping scheme

(10)          Carry out Landscaping Scheme and Replacements

(11)          Tree protection during construction

(12)          Landscape maintenance scheme

(13)          Boundary enclosure details

(14)          No works of demolition or works to trees or vegetation shall take place until protected species survey (reptile, bat, bird and badger) has taken place

(15)          Investigation for nature and extent of contamination and remediation  strategy

(16)          Ground levels, internal floor levels

(17)          Petrol/oil interceptors

(18)          Fire hydrant

Refused

The Committee considered application 12/00643/OUT for the erection of B1 office development and 10 dwellings and associated access.

Councillor Simon Holland addressed the Committee as Ward Member.

In considering the application, some Members commented that the proposed development could potentially enhance the brown field site, however Members raised concerns about the sustainability of the development.

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

Resolved

That application 12/00643/OUT be refused, for the following reasons:

(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 Policy H15 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

(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 clearly established or no substantial and demonstrable planning benefit has been established, the proposal is contrary to Policy RE3 of the South East Plan 2009, Policy EMP5 of the Non-Statutory Cherwell Local Plan 2011 and Government guidance contained within the National Planning Policy Framework.

Approved, subject to conditions.

The Committee considered application 12/00696/F for a proposed driving range, pro-shop, refreshment area and ancillary environmental works.

Geoff Robins, the applicant, spoke in support of the application.

The committee was satisfied with the evidence presented.

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

Resolved

In considering application 12/00696/F be approved subject to:

(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: Design and Access Statement Reference 12013 dated 18.04.2012, drawing 12013:03 A, 12013:04 A, 12013:05 A

(3)               That the external walls and roof(s) of the development shall be constructed in accordance with a schedule of materials and finishes which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the works hereby approved.

(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.

(5)               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.

(6)               That a scheme of floodlighting  for the driving range, which shall include location of lighting columns, make and type of lighting unit, light source type, hours of operation and iso-lux diagram shall be submitted to and approved by the Local Planning Authority prior to their installation. No lighting other than approved scheme shall be implemented.

Approved, subject to conditions.

The Committee considered application 12/00779/F for a proposed detached dwelling.

Peter Griffiths, the applicant, spoke in support of the application.

In considering the application, some Members commented on the size and height of the proposed dwelling and it was in context with the surrounding buildings.

Members further commented that there was adequate access to the site was fine and that the proposed design of the dwelling was to protect the existing trees.

Councillor Pickford proposed that the application be approved. Councillor Randall seconded the proposal.

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

Resolved

That application 12/00779/F be approved, subject to:

(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:  1041 PM CD100 Rev. e received 03/08/2012, 1041 PM CD112 Rev. f, 1041 PM CD113 Rev. d, 1041 PM CD114 Rev. d, 1041 PM CD115 Rev. c, 1041 PM CD211 Rev. d, 1041 PM CD212 Rev. d all received 30/07/2012, Email from R.A. Sutton dated 02/08/2012, Sacha Barnes Ltd Tree Report dated July 2011 Ref: SB/JS/210/TS

(3)               That the external walls and roof(s) of the dwelling shall be constructed in accordance with a 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.

(4)               That the external walls of the dwelling shall be constructed in natural stone which shall be laid, dressed, coursed and pointed in accordance with a sample panel (minimum 1m2 in size) which shall be constructed on site to be inspected and approved in writing by the Local Planning Authority prior to the construction of the development hereby permitted.

(5)               That full design details of the windows and doors, including material, colour and finish, 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.

(6)               That before the development is first occupied, the parking and manoeuvring areas shall be provided in accordance with the plan hereby approved and shall be constructed, laid out, surfaced, drained and completed in accordance with specification details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development, and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter. 

(7)               That full design details of the stone wall to separate The Hermitage from the curtilage of the dwelling, including a sample panel (minimum 1m² in size) which shall be constructed on site to be inspected by the Local Planning Authority, shall be submitted to and approved in writing by the  ...  view the full minutes text for item 52.

Report of Head of Development Control and Major Developments

Summary

To enable Members to consider a request to vary the S106 Agreement in relation to the development at Heyford Park and determine whether or not to accept the variation of the Agreement.

Recommendation

The Planning Committee is recommended:

(1)       To agree to vary the s106 agreement

Recommendation agreed.

The Committee considered a report which requested a variation of the S106 Agreement relating to the proposed development at Heyford Park – Application 10/01642/OUT

Resolved

(1)       That the s106 agreement be varied.

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.

Recommendation agreed.

The Committee considered a report which updated Members on decisions which were Decisions 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.

Recommendation agreed.

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

Resolved

(1)       That the position stated 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 they 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 from 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.

** Please note this report will follow, subsequent to the receipt of legal advice on the matter. **

Exempt report of Head of Public Protection and Development Management

Recommendation agreed as set out in the exempt report.

The committee considered an exempt report which advised Members that an appeal had been lodged against the non-determination of a planning application for land at South of Salt Way at Crouch Farm (to the east of Bloxham Road)(application no. 12/00080/OUT).

Resolved

(1)        That officers be authorised to defend the appeal based on the reasons for refusal recommended at Appendix 1 of the report.