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:

6. 25 Ironstone Hollow, Hook Norton.

Councillor Barry Wood, Conflict of Interest, as a member of Executive.

Councillor D M Pickford, Conflict of Interest, as a member of Executive.

Councillor G A Reynolds, Conflict of Interest, as a member of Executive.

Councillor Ken Atack, Conflict of Interest, as a member of Executive.

7. Land at Launton Road, Bicester Oxfordshire.

Councillor Rose Stratford, non statutory disclosable interest, as a member of Bicester Town Council which has been consulted on the application.

10. 4 The Rookery, Kidlington.

Councillor Tim Emptage, non statutory disclosable interest, as a member of Kidlington Parish Council which has been consulted on the application.

14. Land to the Rear of The Old Coach House, Queens Avenue, Bicester.

Councillor D M Pickford, non statutory disclosable interest, as a member of Bicester Town Council which has been consulted on the application.

Councillor Rose Stratford, non statutory disclosable interest, as a member of Bicester Town Council which has been consulted on the application.

The Chairman to report on any requests 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 11 October 2012.

The Minutes of the meeting held on 11 October 2012 were agreed as a correct record and signed by the Chairman.

Approved, subject to conditions

The Committee considered application 12/01049/F for works to trees (required in accordance with Condition 8 of CHN 379.94N)

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 12/01049/F be approved, subject to:

(1)               Time limit

(2)               In accordance with tree BS

(Councillors Atack, Pickford and Wood left the meeting for the duration of the item. Councillor Reynolds requested his abstention from the vote be recorded.)

Approved, subject to conditions

The Committee considered application 12/01216/F for the erection of 23 dwellings with associated access.

Rob Linnell, the applicants agent, spoken in support of the application.

In considering the application, some members commented on suitability of the site, car parking and noise and pollution levels.

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

Resolved

That application 12/01216/F be approved, subject to:

(a)               The applicant entering into an appropriate legal agreement to the satisfaction of the District Council relating to the provision of affordable housing and to secure financial contributions to infrastructure improvements as set out in paragraphs 5.14-5.16 of the report .

(b)               Conditions to the satisfaction of officers following liaison with the applicants but covering the main issues set out below;

(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: Drawing No. 69-1821-001 Rev G, 69-1821-002 Rev B, 69-1821-003 Rev B, 69-1821-004 Rev B, 69-1821-005 Rev B, 69-1821-006 Rev B, 69-1821-007 Rev B, 69-1821-008 Rev B, 69-1821-A-001 Rev C, 69-1821-A-002 Rev C, 69-1821-B-001 Rev B, 69-1821-B-002 Rev B, 69-1821-C-001 Rev C, 69-1821-C-002 Rev B, 69-1821-C-003, 69-1821-C-004, 69-1821-D-001 Rev B, 69-1821-D-002 Rev B, 69-1821-E-001 Rev A, 69-1821—E-002 Rev B, 69-1821-F-001 Rev A, 69-1821-F-002 Rev A, 69-1821-GAR-001 and 69-1821-GAR-002

(3)               That the external walls and roof(s) of the dwellings and garages shall be constructed in accordance with the submitted details on drawing 69-1821-005 Rev B (External Finish Layout) and samples of the proposed materials shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of construction work.

(4)               That prior to the occupation of the dwellings, the proposed means of access between the land and the highway shall be formed, 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.

(5)               That the proposed vision splays shall be formed, laid out and constructed in accordance with detailed plans which shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the dwelling and that the land and vegetation within the splays shall not be raised or allowed to grow above a maximum height of 0.6 metres above carriageway level.

(6)               That before the development is first occupied a turning area and 43 car parking spaces shall be provided within the curtilage of the site so that motor vehicles may enter, turn round and leave in a forward direction and vehicles may park off the highway, and as such the turning area and parking spaces shall be constructed, laid out, surfaced, drained and completed in accordance with  ...  view the full minutes text for item 97.

Refused for the following reasons:

(1)   The proposed use would have a detrimental impact on the amenities of adjoining residential occupiers through unacceptable levels of disturbance contrary to the advice within the National Planning Policy Framework March 2012, policy ENV1 and TR10 of the Adopted Cherwell Local Plan 1996 and policy NRM10 of the South East Plan 2009.

(2)   The proposal will result in a substantial change in the character and   appearance of the open countryside which contributes to the rural setting of Fringford and will lead to an unacceptable erosion of the rural character of this part of the countryside contrary to the advice within the National Planning Policy Framework March 2012, saved policy C7, C8 and C13 of the adopted Cherwell Local Plan and policy CC6 of the South East Plan 2009.

The Committee considered application 12/01285/F for the installation of vehicle wash facility – partial resubmission of 12/00382/F.

Pat Murdoch and Kevin Martin, neighbours of the applicant, spoke against the application.

Robert Herring, the applicant, spoke in support of the application.

In considering the application, Members raised concerns about the noise levels and visual impact of the proposed development. Members commented that as an agricultural site it was not suitable for industrial use.

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

Resolved

That application 12/01285/F be refused, for the following reasons:

(1)               The proposed use would have a detrimental impact on the amenities of adjoining residential occupiers through unacceptable levels of disturbance contrary to the advice within the National Planning Policy Framework March 2012, policy ENV1 and TR10 of the Adopted Cherwell Local Plan 1996 and policy NRM10 of the South East Plan 2009.

(2)               The proposal will result in a substantial change in the character and   appearance of the open countryside which contributes to the rural setting of Fringford and will lead to an unacceptable erosion of the rural character of this part of the countryside contrary to the advice within the National Planning Policy Framework March 2012, saved policy C7, C8 and C13 of the adopted Cherwell Local Plan and policy CC6 of the South East Plan 2009

Deferred for a formal site visit

The Committee considered application 12/01293/F for change of use of land to a private gypsy and traveller caravan site comprising 2 No. pitches, each pitch accommodating 1 No. mobile home, 1 No. touring caravan, 1 No. dayroom and associated hardstanding, retention of existing stable and septic tank – re-submission of 12/00287/F.

Councillor Hughes proposed that consideration of the application be deferred for a formal site visit. Councillor Pickford seconded the proposal.

Resolved

That consideration of application 12/01293/F be deferred for a formal site visit

Approved, subject to conditions

The Committee considered application 12/01321/OUT for the site redevelopment of 11 no. residential dwellings with associated road infrastructure, parking and garaging (resubmission of 12/00460/OUT).

Derek Smith, a local resident, spoke against the application.

David Coates, the applicant’s agent, spoke in support of the application.

In considering the application, members questioned the need for two access points on the development. Some members also commented on the size of the road and whether this would have an impact on the access to the development.

Councillor Emptage proposed that application 12/01321/OUT be refused on grounds of access. Councillor Pickford seconded the proposal. The proposal was voted on and subsequently lost.

Councillor Rose Stratford proposed that the application be approved. Councillor Stevens seconded the proposal.

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

Resolved

That application 12/01321/OUT be approved, subject to:

(a)               The applicant entering into an appropriate legal agreement to the satisfaction of the District Council to secure financial contributions as outlined in paragraph 5.37 of the report.

(b)               The following conditions:

(1)               Approval of reserved matter details - scale, appearance and landscaping

(2)               Time limit for the submission of reserved matters

(3)               Time limit for commencement

(4)               That prior to commencement of any development on the site, notwithstanding the details submitted, an Arboricultural Method Statement (AMS), undertaken in accordance with BS5837 shall be submitted and approved in writing by the Local Planning Authority. All works then to be undertaken in accordance with the agreed document.

(5)               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, where relevant, must include details of:

a)   the project arboriculturalist employed to undertake supervisory role of   relevant arboricultural issues. Applicant / Agent to provide written confirmation and contact details of chosen individual or company.

b)   the relevant persons / contractors to be briefed by project arboriculturist on all on-site tree related matters.

c)  the timing and methodology of scheduled site monitoring visits to be

     undertaken by the project arboriculturalist.

d) the procedures for notifying and communicating with the Local Planning   Authority when dealing with unforeseen variations to agreed tree works and arboricultural incidents.

(6)               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.  Submitted in a drawing format, the details must include the identification and location of all existing and proposed trees, load bearing planting pits for hard-surface areas, as well as shrubs and hedgerows within influencing distance of such services. The development shall be carried out in accordance with the  ...  view the full minutes text for item 100.

Refused for the following reason:

(1)               The Council’s determination of the whole live/work complex was considered on the basis of that it provided a concept of a sustainable form of development that restricted the need to commute to the workplace and provided a varied size of unit available at the site, which in turn would be re-cycled back into the market to continue to make such rare units available in the district.  In the Council’s opinion, by removing the conditions in question, the principle of the live/work development would be eroded and the Council would be unable to control its occupancy and furthermore, would result in a form of development that is tantamount to large houses in the open countryside rather than an employment site with related residential use and contrary to Policies EMP4 and H18 of the adopted Cherwell Local Plan and Policy EMP5 and H19 of the Non-Statutory Cherwell Local Plan 2011 and SLE 1 of the Proposed Submission Local Plan (August 2012) and Government guidance contained in the National Planning Policy Framework.

The Committee considered application 12/01328/F for the removal of conditions 11 of 08/01239/F and 12 and 14 of 07/01242/F and 13 06/00762/F.

The Senior Planning Officer advised the committee that Location should be 1 -7 Ingleby Paddock not The Dell, 4 Ingleby Paddocks.

In light of the large amount of information that had been included in the written update Councillor Kerford-Byrnes proposed that consideration of application 12/01328/F be deferred to allow time for consideration of the supplementary information. Councillor Pickford seconded the proposal. The proposal was voted on and subsequently lost and the application was duly considered.

Kerri Lucas, the applicant, spoke in support of the application.

In considering the application, Members noted that the live/work concept had been new to the authority when outline consent was granted in 2006 and commented that planning permission was tied to land rather than individuals and therefore whilst live/work may not suit the applicant, it may be appropriate for future residents.

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

Resolved

That application 12/01328/F be refused for the following reason:

(1)               The Council’s determination of the whole live/work complex was considered on the basis of that it provided a concept of a sustainable form of development that restricted the need to commute to the workplace and provided a varied size of unit available at the site, which in turn would be re-cycled back into the market to continue to make such rare units available in the district.  In the Council’s opinion, by removing the conditions in question, the principle of the live/work development would be eroded and the Council would be unable to control its occupancy and furthermore, would result in a form of development that is tantamount to large houses in the open countryside rather than an employment site with related residential use and contrary to Policies EMP4 and H18 of the adopted Cherwell Local Plan and Policy EMP5 and H19 of the Non-Statutory Cherwell Local Plan 2011 and SLE 1 of the Proposed Submission Local Plan (August 2012) and Government guidance contained in the National Planning Policy Framework.

Withdrawn as Oxfordshire County Council has already determined the application

The Chairman advised the Committee that the officers had been made aware that Oxfordshire County Council had now determined this application and it had therefore been withdrawn from the agenda.

Approved, subject to conditions

The committee considered application 12/00960/F for a multi-span range polytunnel.

Members were satisfied with the evidence presented.

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

Resolved

That application 12/00960/F be approved, subject to:

(1)               Time

(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 and the materials and finishing details included therein;

                                i.            drawing PL-RB3-127462-0001 Rev A (submitted with the application)

                              ii.            the site layout plan (submitted with the application)

                            iii.            the site location plan (submitted with the application)

                             iv.            the details set out in the Application Forms and Design & Access Statement, including details on access (submitted with the application)

(3)               Permission specific to SGS – remove when no longer used

(4)               Retain hedgerows

Approved, subject to conditions

The Committee considered application 12/01301/F for a new dwelling with integral garage, a new garden shed for solar panels and cycle parking.

Richard Walker, the applicant’s agent, spoke in support of the application.

In considering the application, some members commented on the number of trees that had been and would be cut down as a result of the application.

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

Resolved

That application 12/01301/F be approved, subject to:

(1)               SC1.4 (RC2) – Duration Limit.

(2)               Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the following information: dwg numbers WG13-001, 024(A), 030(A), 031(C), 032(B) 033(A) and 034(A) and the Design & Access Statement received with the application.

(3)               That the development shall be built in accordance with the limestone sample panel as constructed and seen on site unless otherwise approved in writing by the Local Planning Authority (RC5AA) 

(4)               That the roof shall be covered with the natural slate as seen on site, unless otherwise approved in writing by the Local Planning Authority (RC5B)

(5)               SC3.7BB (RC12AA)

(6)               SC4.13CD (RC13BB)

(7)               SC5.5A …….timber windows…….(RC4A)

(8)               SC5.14A ….doors……(RC4A)

(9)               SC5.19A (RC4A)

(10)          SC6.2AA

(11)          SC6.3 (RC4A)

(12)          SC6.6AB

(13)          SC9.13A …….4……(RC93AA)

(14)          Except where otherwise stipulated by conditions attached to this permission the development shall be carried out strictly in accordance with the Arboricultural Impact Assessment & Method Statement by Trevor Clarkson of Crown Consultants Ltd dated 30 August 2012 submitted with the application, unless otherwise agreed in writing by the Local Planning Authority.  (RC72A)

(1)               Notwithstanding the details submitted in the Tree Planting Scheme, a revised Tree Planting Scheme shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of the development.  Thereafter the development shall be carried out in accordance with the approved Tree Planting Scheme. 

(2)               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.  Submitted in a drawing format, the details must include the identification and location of all existing and proposed trees, load bearing planting pits for hard-surface areas, as well as shrubs and hedgerows within influencing distance of such services. The development shall be carried out in accordance with the details so approved.

(3)               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 Maintenance of Utility Apparatus in Proximity To Trees – Volume 4 and all subsequent revisions and amendments of.

(4)               No works  ...  view the full minutes text for item 104.

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.

Recommendation agreed

The Committee considered a report which informed and updated Members of the progress of outstanding formal enforcement cases and of the overall level of activity in the Development Management service.

Resolved

(1)                 That the position be accepted

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:

(1)               To accept the position statement.

Recommendation agreed

The Committee considered a report which 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.

Resolved

(1)                That then position statement be accepted