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 the following Members did not have a Disclosable Pecuniary Interest in agenda item 10, they wished the following conflict of interest to be known.

9. Bicester Community Hospital, Kings End, Bicester.

Councillor David Hughes, as a member of the Bicester Community Hospital Project Group.

Councillor Leslie F Sibley, as he had strongly objected to the scheme during the consultation process.

Councillors Hughes and Sibley left the meeting for the duration of the item.

The Chairman to report on any requests to address the meeting.

The Chairman advised that 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 16 August 2012.

The Minutes of the meeting held on 16 August 2012 were agreed as a correct record and signed by the Chairman.

Application withdrawn by applicant

The Chairman advised Members that the application had been withdrawn by the applicant.

Deferred to allow for a formal site visit

The Committee considered application 12/00711/LB for the demolition of rear porch and derelict garden outbuildings; construction of two storey rear extension; improved access to existing parking area including covered area; fitting of satellite dish; internal alterations; replacement windows to dwelling and new roof light.

Councillor Blackwell proposed that consideration of the application be deferred to allow for a formal site visit. Councillor Clarke seconded the proposal.

Resolved

That consideration of application 12/00711/LB be deferred to allow for a formal site visit.

Deferred to allow for a formal site visit

The Committee considered application 12/00732/F for the demolition of rear porch and derelict garden outbuildings; construction of two storey rear extension; improved access to existing parking area including covered area; fitting of satellite dish and new shed.

Councillor Blackwell proposed that consideration of the application be deferred to allow for a formal site visit. Councillor Clarke seconded the proposal.

Resolved

That consideration of application 12/00732/F be deferred to allow for a formal site visit.

Approved, subject to conditions

The Committee considered application 12/00780/F for the erection of a warehouse and associated site works.

The Committee was satisfied with the evidence presented.

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

Resolved 

That application 12/00780/F be approved, subject to:

a)                 The applicants entering into an appropriate legal agreement to the satisfaction of the District Council to secure financial contributions as outlined in paragraph(s) 5.34 and 5.35

b)                 the following conditions:

(1)               Time

(2)               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 application and the following drawings: M901P1 and amended drawing nos. D001P5, D002P4, D202P6, D201P7, D203P1 received 17/08/12.

(3)               No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details and retained thereafter unless agreed in writing with the local planning authority.

(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 and landscape management of the site which shall include:-

-    tree and hedgerow protection measures

-  details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas,

-    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,

-    details of the hard surface areas, walls, trellis screens, 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)               The protection of any existing tree to be retained in accordance with the approved plans and particulars shall be achieved as follows:

-   no equipment, machinery or material shall be brought onto the site for the purposes of the development until fencing has been erected in accordance with plans and particulars which shall have been previously approved under condition no. 3 by the Local Planning Authority in writing;

-    if that fencing is broken or removed during the course of carrying out the development, it shall be promptly repaired or replaced in accordance with  ...  view the full minutes text for item 65.

Approved, subject to conditions

The Committee considered application 12/00809/F for the demolition of an existing community hospital and redevelopment of the site to provide a new community hospital and 14 residential units.

Richard Coe, the applicant, spoke in support of the application.

Councillor Hughes addressed the Committee having declared a conflict of interest in the application. Following his address, he left the meeting for the debate and vote on the application.

In considering the application, Members commented that the proposal was fit for purpose and represented the best opportunity for Bicester to replace the existing building. Members further commented that the proposal fitted in with the Masterplan for Bicester and also provided the opportunity for future expansion.

Councillor Pratt 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 12/00809/F be approved, subject to:

(1)               SC1.0

(2)               That except where stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the following plans and document AR-XX-WS-PL-100-001; AR-WS-XX-PL-100-002 Ref B; AR-WS-XX-PL-100-006; AR-WSXX-PL-100-007; AR-XX-WS-PL-100-023 Ref B; AR-XX-WS-PL-100-025 Rev C; AR-XXWS-PL-100-024 Ref B; AR-XX-WS-PL-100-026 Ref C; AR-XX-WS-PL-100-027; AR-WSXX-PL-100-028; AR-WS-XX-SE-100-001 Rev B; AR-WS-XX-SE-100-002; AR-XX-00-PL-200-001; AR-XX-00-PL-200-005; AR-XX-01-PL-200-001; AR-XX-01-PL-200-005 Ref A;AR-XX-RF-PL-240-001; AR-XX-XX-EL-251-001 Rev 003; AR-XX-RF-PL-240-001 Ref A;AR-XX-XX-EL-251-002; AR-XX-XX-EL-251-003 Rev A; AR-XX-XX-EL-251-004; AR-XXXX-EL-251-005; AR-XX-XX-EL-251-009; AR-XX-XX-EL-251-017; AR-XX-XX-SE-251-001;AR-XX-XX-SE-251-002; 0409-D-101 Rev B; 409-ATR-05 Rev D; 409-ATR-07 Rev C; 409-ATR-16 Rev B; 409-ATR-04 Rev F; AL-WS-XX-PL-701 Rev C; AL-WS-XX-PL-700 Rev N;AL-WS-XX-DT-711-18 Rev A; Hard-landscape Materials Rev D; AL-WS-XX-PL-100 Rev B;AL-WS-XX-DT-711-04 Ref C; AL-WS-XX-DT-711-17 Rev B; AL-WS-XX-SK-739 shadecosting appraisal; AL-WS-XX-PL-739 Rev C; (Tree Protection Plan) AL-WS-XX-PL-739;(Landscape Maintenance Plan) 2518 200 Rev K; 2518 206 Rev F; 2518 207 Rev F; 2518209 Rev E; 2518 210 Rev A; 2518 211 Rev C; 2518 224; 2518 225; 409-ATR 03G,06C,08C, 09C, 10C, and 11C, Lighting Report, Transport Assessment, Design and Access, Statements and Tree Survey.

(3)               The applicants, or their agents or successors in title, shall be responsible for organising and implementing an archaeological watching brief, to be maintained during the period of construction/during any ground works taking place on the site.  The watching brief shall be carried out by a professional archaeological organisation in accordance with a Written Scheme of Investigation that has first been approved in writing by the Local Planning Authority.

(4)               Following the approval of the Written Scheme of Investigation referred to in Condition 3 above, no development shall commence on site without the appointed archaeologist being present.  Once the watching brief has been completed, its findings shall be reported to the Local Planning Authority, as agreed in the written scheme of investigation, including all processing, research and analysis necessary to produce an accessible and usable archive and a full report for publication.

(5)               That prior to the first occupation of the residential development, the existing means of access onto Kings End shall be improved, and land out to the approval of the Local Planning Authority and constructed strictly in accordance with the highway authority’s  ...  view the full minutes text for item 66.

Refused

The Committee considered application 12/00865/F for a Variation of condition 2 of 11/01032/F.

Councillor Andrew Beere, addressed the committee as Ward Member.

In considering the application, Members questioned the ownership of the footpath and sought conformation of alternative pathways that could be used. The Committee was advised that the path was currently closed off and that the status of the path had been an issue since the first application on the site in 2012. Members noted that whilst use of the path had been on an informal basis, it had been used for so long it had become a public facility and loss of the path would represent a loss of amenity for local residents. 

Councillor Clarke proposed that the application be refused. Councillor Blackwell seconded the proposal.

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

Resolved

That application 12/00865/F be refused, for the following reasons:

The proposed development, by virtue of the loss of the former publically accessible route through the site from East Street and East Close to Middleton Road, would cause a loss of permeability and convenience for residents of the local area, the presence of which has been a key characteristic of the area. The amended proposal is therefore contrary to the requirements of saved adopted Policies C28 and C30 of the Cherwell Local Plan 1996 and government guidance in the National Planning Policy Framework.

Approved, subject to conditions

The Committee considered application 12/01029/F for the demolition of an existing single storey garage and erection of two storey extension.

The committee was satisfied with the evidence presented.

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

Resolved

That application 12/01029/F be approved, subject to the following conditions:

(1)               S.C 1.4A (RC2) – [Time]

(2)               Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the application forms and the following plans and documents: Drawing number 001, drawing number 002A, drawing number 003A, drawing number 004A and drawing number 005A received 20 July 2012.

(3)               That prior to the first use of the extension, the means of access between the land and the highway shall be improved, laid out 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.

(4)               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. 

Refused

The Committee considered application 12/01059/F for a variation of Condition 4 of 02/00154/F – extension of trading hours.

The committee was satisfied with the evidence presented.

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

Resolved

That application 12/01059/F be refused, for the following reasons:

(1)               The proposal is considered to be harmful to the residential amenity of the area and would therefore be contrary to the original intention of the condition. The proposal is demonstrably not compatible with the residential character of the area and would cause an unacceptable level of nuisance. It is therefore contrary to the provisions of Policy C31 of the adopted Cherwell Local Plan 1996, as amplified by Policy D7 of the non-statutory Cherwell Local Plan 2011, and government advice in the National Planning Policy Framework.

Report of Head of Public Protection and Development

Summary

To enable Members to consider a request to vary the S106 Agreement in relation to the development at Longford Park (Bankside), Banbury and determine whether or not to accept the variation of the Agreement.

Recommendations

The meeting is recommended:

(1)       To agree to vary the s106 agreement in accordance with Option 2

Deferred to allow for consideration of further information on the proposed housing mix

The Committee considered a report of the Head of Public Protection and Development Management which sought consideration of a request for a variation of the S106 Agreement relating to the proposed development at Bankside, Banbury – application 05/01337/OUT.

In considering the report, Members queried how the proposed variation related to the Council’s Housing Strategy and the housing requirements identified in the draft Allocations Policy. The Development Control Team Leader assured the Committee that the Strategic Housing Team was confident that the proposal met the housing need in Banbury.

Councillor Randall proposed that consideration of the report be deferred to allow for further information on the proposed housing mix to be submitted to the Committee for consideration. Councillor Emptage seconded the proposal.

Resolved

That consideration of the request for the variation of the S106 agreement relating to the proposed development at Bankside, Banbury – application 05/01337/OUT be deferred to allow for further information on the proposed housing mix to be submitted to the Committee for consideration.

Joint Report of Head of Strategic Planning and the Economy and the Head of Law and Governance

Summary

To update Members on the Urgent Works carried out at the Granary

Recommendations

The Planning Committee is recommended:

(1)          To note the report.

(2)          To accept the Secretary of State’s decision on the costs of the Urgent Works.

Recommendations agreed, with the additional resolution:

(3)       That officers be requested to write to the Secretary of State for Culture, Media and Sport expressing the Council’s displeasure at the outcome of the decision and the length of time taken to receive the decision from the Department for Culture, Media and Sport.

The Committee considered a report of the Head of Public Protection and Development Management which updated on the urgent works carried out at the Granary.

Resolved

(1)          That the report be noted.

(2)          That the Secretary of State’s decision on the costs of the urgent works be accepted.

(3)          That officers be requested to write to the Secretary of State for Culture, Media and Sport expressing the Council’s displeasure at the outcome of the decision and the length of time taken to receive the decision from the Department for Culture, Media and Sport.

Report of Head of Public Protection and Development Management

Summary

To seek the confirmation Tree Preservation Order no 09/2012 with no objections relating to one tree located between numbers 29 and 31 Morris Drive (copy plan attached as Annex 1)

Recommendations

The Planning Committee is recommended to:

(1)               Confirm Tree Preservation Order 09/2012 at the site of Morris Drive, Banbury without modification in the interest of public amenity.

Recommendation approved

The Committee considered a report which sought confirmation of Tree Preservation Order no 09/2012 relating to one tree located between numbers 29 and 31 Morris Drive. No objections to the Tree Preservation Order had been received.

Resolved

(1)               That Tree Preservation Order 09/2012 at the site of Morris Drive, Banbury be confirmed without modification in the interest of public amenity.

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:

(1)               To accept the position statement.

(2)               To make the report for application 12/00080/OUT public so that those involved in the appeal are aware of the Council's consideration of the proposal in preparation of the evidence.

Recommendation approved

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.

(2)               That it be agreed that the report for application 12/00080/OUT be made public so that those involved in the appeal are aware of the Council's consideration of the proposal in preparation of the evidence.

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 approved

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

Exempt report of Head of Public Protection and Development Management

Option 2, as set out in the exempt report, approved

The Committee considered an exempt report of the Head of Public Protection and Development Management as set out in the exempt minute.

Resolved

(1)               As set out in the exempt minute.

(2)               As set out in the exempt minute.