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:

6. Land SW of Bicester Village adjoining A41, Oxford Road, Bicester.

Councillor Barry Wood, Conflict of Interest, as a member of Executive and left the room for the duration of the item.

Councillor G A Reynolds, Conflict of Interest, as a member of Executive and left the room for the duration of the item.

Councillor Ken Atack, Conflict of Interest, as a member of Executive and left the room for the duration of the item.

Councillor Leslie F Sibley, Non Statutory Interest, as a member of Bicester Town Council which had been consulted on the application.

Councillor Michael Gibbard, Conflict of Interest, as a member of Executive and left the room for the duration of the item.

Councillor Rose Stratford, Non Statutory Interest, as a member of Bicester Town Council which had been consulted on the application.

7. Tesco, Pingle Drive, Bicester.

Councillor Barry Wood, Conflict of Interest, as a member of Executive and left the room for the duration of the item.

Councillor G A Reynolds, Conflict of Interest, as a member of Executive and left the room for the duration of the item.

Councillor Ken Atack, Conflict of Interest, as a member of Executive and left the room for the duration of the item.

Councillor Leslie F Sibley, Non Statutory Interest, as a member of Bicester Town Council which has been consulted on the application.

Councillor Michael Gibbard, Conflict of Interest, as a member of Executive and left the room for the duration of the item.

Councillor Rose Stratford, Non Statutory Interest, as a member of Bicester Town Council which has been consulted on the application.

8. Hardstanding between railway and Higham Way, adjacent Integrated Control Centre, Banbury.

Councillor Colin Clarke, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

Councillor Gordon Ross, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

9. 1 Bear Garden Road, Banbury.

Councillor Colin Clarke, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

Councillor Gordon Ross, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

10. 1 Bear Garden Road, Banbury.

Councillor Colin Clarke, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

Councillor Gordon Ross, Non Statutory Interest, as a member of Banbury Town Council which had 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 6 December 2012.

The Minutes of the meeting held on 6 December 2012 were agreed as a correct record and signed by the Chairman, subject to the following amendments:

Minute 108: Declarations of Interest

8. Land SW of Bicester Village adjoining A41, Oxford Road, Bicester

Councillor Reynolds, conflict of interest: amend “letter from applicant” to “letter from Objector”

Minute 120: Roselyn, School Lane, North Newington

Note Councilor Reynolds abstention from the vote.

Approved subject to conditions

The Committee considered application 12/01193/F for a proposed foodstore with associated car parking, petrol filling station with car wash/jet wash, recycling facilities, ancillary plant and equipment, landscaping, access and highway works.

John Rogers, Chief Financial Officer of Sainsbury’s Supermarkets Ltd spoke in objection to the application.

Simon Petar, the applicant and Colin Burnett, the applicant’s agent, spoke in support of the application.

CountyCouncillor Charles Shouler, Chairman of the Bicester Traffic Advisory Committee, spoke in support of the application.

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

Resolved

That application 12/01193/F be approved subject to:

i)           referral to the Secretary of State (Department for Communities and Local Government) as a departure;

ii)         completion of a satisfactory section 106 agreement relating to matters            f public art and highway contributions,

iii)        the following conditions:

(1)               SC1.4 Time (3 years)

(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: Environmental Statement dated 17th August 2012, Design and Access Statement (Rev D) by Inspire Design dated 19th November 2012, drawing numbers 111245 AP00B, AP01A, AP02S, AP04C, AP05A, AP09C, AP10C, AP15A, AP18B and 5042 ASP2F.

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

(4)               That a plan showing the details of the finished floor levels of the proposed buildings in relation to existing ground levels on the site shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.  The development shall be carried out in accordance with the approved details.

(5)               The development hereby permitted shall be carried out strictly in accordance with the summary and conclusions drawn in Chapter 11 (Water Resources, drainage and flood risk) pages 158-159 of the Environmental Statement (Waterman Transport and Development Ltd dated August 2012 unless otherwise agreed in writing by the Local Planning Authority.

(6)               That prior to the commencement of the development, full drainage design details shall be submitted to and approved in writing by the Local Planning Authority.  Thereafter the development shall be carried out in accordance with the approved details.

(7)               The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) Tesco’s, Oxford Road, 120108 Rev2 unless otherwise agreed in writing by the Local Planning Authority. The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

(8)               If, during development, contamination not previously identified is found to be present  ...  view the full minutes text for item 133.

Approved subject to conditions

The Committee considered application 12/01209/F for the demolition of an existing Tesco food store, petrol filling station and part of the existing Bicester Village retail outlet centre to provide an extension to comprise 5,181sqm (gross internal area) of new Class A floorspace, 372 car parking spaces and associated landscaping and highway works.

Chris Goddard, the applicant’s agent, spoke in support of the application.

In reaching their decision, the committee considered the officers’ report, presentation, written update, presentation of the public speakers and comments from Members.

Resolved

That application 12/01209/F be approved subject to:

(i)         referral to the Secretary of State (Department for Communities and      Local  Government) as a departure;

(ii)        completion of a satisfactory section 106 agreement relating to matters set out in the officer’s report under the heading ‘section 106 requirements’ and

(iii)       the following conditions:

(1)               SC1.4 Time (4 years)

(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: the application form and submitted reports and documentation and drawing numbers 09/068/P-01B, P-02C, P-03A, P-04.1B, P-04.2A, P-04.3A, P-05A, P-06B, P-07B, P-08B, P-09A, P-10A, P-11A, P-12B, P-13A, P-14A, P-15A, P-16A, P-17A, P-18A, P-19A, HED.979.100(a), 101(B), 102(A), 103(A), 104(A), 105, 107, 601, 602, 603, 604, 3P7640/RH1, RH2, RH3, RH4, RH5, RH6, RH7, RH8, SK-26, SK-27, SK-28, SK-29 and SK30.

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

(4)               That a plan showing the details of the finished floor levels of the proposed buildings in relation to existing ground levels on the site shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.  The development shall be carried out in accordance with the approved details.

(5)               That prior to the first occupation of the proposed development the proposed access works between the land and the highway shall be formed, laid out and constructed strictly in accordance with the Local Highway Authority’s specifications and that all ancillary works specified shall be undertaken.

(6)               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 use of the proposed development 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.

(7)               That prior to the first occupation of the proposed development all the identified off-site highway and landscaping works shall be formed, laid out and constructed strictly in accordance with the Local Highway Authority’s specifications and that all ancillary works specified shall be undertaken.

(8)               The parking, manoeuvring and servicing areas for the development shall  ...  view the full minutes text for item 134.

Deferred in accordance with the applicant’s request and to allow for a formal site visit

The Committee considered application 12/00849/F for the construction of a multi-storey station car park for rail customer parking and formation of a new east-side access to Banbury station with associated pedestrian link bridge.

The Development Control Team Leader advised the Committee that the applicant had requested that consideration of the application be deferred as a meeting had been arranged between officers from Cherwell District Council and Oxfordshire County Council and the applicants and their advisers to see if the transportation reason for refusal could be overcome and to allow the applicants the opportunity to address the issue relating to the neighbouring residential properties.

Councillor Clarke proposed that consideration of the application be deferred for the reasons requested by the applicant. Councillor Lawrie Stratford seconded the proposal.

Councillor Rose Stratford proposed that a site visit be held. Councillor Lawrie Stratford seconded the proposal.

Resolved

That consideration of application 12/00849/F be deferred to allow for ongoing negotiations between the applicant and Oxfordshire County Council regarding the traffic plan and for a formal site visit

Approved, subject to no adverse comments being received as the result of public consultation and to conditions

The Committee considered application 12/01606/F for the demolition of an existing commercial unit to be replaced with 3 no. 1 bed apartments – resubmission of 12/01031/F.

In considering the application, Members commented that given the poor state of the building it would be uneconomical to restore it to its original state and the proposal represented the best option for the site.

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

Resolved

That application 12/01606/F be approved subject to

(i)         no adverse comments being received as the result of the public consultation

(ii)        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 12 November 2012.

(3)               Prior to the commencement of the development hereby approved, samples of the brick to be used in the construction of the walls of the development shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the samples so approved.

(4)               Prior to the commencement of the development hereby approved, samples of the Welsh slate to be used in the construction of the roof of the development shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the samples so approved.

Approved, subject to no adverse comments being received as the result of public consultation and to conditions

The Committee considered application 12/01607/CAC for the demolition of existing commercial unit.

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

Resolved

That application 12/01607/CAC be approved subject to:

(i)         no adverse comments being received as the result of the public consultation

(ii)        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 12 November 2012.

(3)               S.C 5.3A (RC25A) – [Demolition and redevelopment of site]

(4)               Prior to any demolition on the site and the commencement of the development, a professional archaeological organisation/building recorder acceptable to the Local Planning Authority shall carry out a full recording of the building concerned and submit the record to the Local Planning Authority.

Report of Head of Public Protection and Development Management

Summary

To seek the confirmation of an unopposed Tree Preservation Order (No 10/2012 ) relating to 1 No walnut tree (copy plan attached as Appendix 1) at 58c Mill Street, Kidlington

Recommendations

The Planning Committee is recommended to:

(1)         Confirm the Order without modification

Recommendation agreed

The Committee considered a report which sought confirmation of an unopposed Tree Preservation Order (No 10/2012 ) relating to 1 No walnut tree at 58c Mill Street, Kidlington.

Resolved

(1)               That Tree Preservation Order No 11/2012 be confirmed without modification in the interest of public amenity.

Report of Head of Public Protection and Development Management

Summary

To seek the confirmation of an unopposed Tree Preservation Order (No 11/2012) relating to 3 No limes, 2 No horse chestnut, 1 No beech and 1 No yew tree (copy plan attached as Appendix 1) at Bicester Community Hospital, Kings End, Bicester, OX26 6DU.

Recommendation

The Planning Committee is recommended to:

(1)       Confirm the Order without modification

Recommendation agreed

The Committee considered a report which sought confirmation of unopposed Tree Preservation Order No 11/2012 - relating to 3 No limes, 2 No horse chestnut, 1 No beech and 1 No yew tree at Bicester Community Hospital, Kings End, Bicester, OX26 6DU.

Resolved

(1)               That Tree Preservation Order No 11/2012 be confirmed without modification in the interest of public amenity.

Report of Head of Public Protection and Development Management

Summary

To seek the confirmation of an unopposed Tree Preservation Order (No 12/2012) relating to 1 No horse chestnut and 2 No lime trees (copy plan attached as Appendix 1) at Caesars Lodge, Kings End, Bicester, OX26 6DU

Recommendations

The Planning Committee is recommended to:

(1)       Confirm the Order without modification

Recommendation agreed

The Committee considered a report which sought confirmation of unopposed Tree Preservation Order (No 12/2012 - 1 No horse chestnut and 2 No lime trees at Caesars Lodge, Kings End, Bicester, OX26 6DU)

Resolved

(1)               That Tree Preservation Order No 12/2012 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 to:

(1)               Accept the position statement.

Recommendation agreed

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.

Recommendation agreed

The Committee considered a report which updated Members on applications which had been determined by the Council, where new appeals had been lodged, Public Inquiries/ hearings scheduled or appeal results achieved.

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 have been marked as exempt, it is for the meeting to decide whether or not to consider each of them 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 Major Developments

Recommendations agreed as set out in exempt report

The committee considered an exempt report which advised members that an appeal had been lodged against the non-determination of the planning application for land south of Milton Road in Bloxham (application no. 12/01139/OUT) and sought a resolution from members as to the putative reasons for refusal on which to defend the appeal. 

Resolved

(1)       That the reasons for refusal set out below in relation to Land South of Milton Road, Bloxham (12/01139/OUT) be agreed.

(1)       The proposal represents development beyond the built up limits of Bloxham within open countryside contrary to Policies H12, H13 and H18 of the adopted Cherwell Local Plan and Policies H15 and H19 of the Non-Statutory Cherwell Local Plan and Policy SP3 of the South East Plan.  It is considered that the development of this site will cause harm to the character and appearance of the countryside on the south eastern edge of Bloxham contrary to Policy C7 of the adopted Cherwell Local Plan and Policy EN34 of the Non-Statutory Cherwell Local Plan and Policy ESD 13 of the Cherwell Local Plan Proposed Submission Draft August 2012 and Policy CC6 of the South East Plan and to the core principles of the NPPF.  It is also considered that the submitted and revised indicative layout fails to demonstrate that the development of the site will result in a high quality and inclusive design contrary to Policy C28 of the adopted Cherwell Local Plan and the NPPF.  Notwithstanding the Council's present inability to demonstrate that it has a five year supply of housing land required by paragraph 47 of the NPPF, the development of this site cannot be justified on the basis of the temporary land supply deficiency alone and that significant harm will result.

(2)       Having regard to the level of new development recently accommodated in Bloxham, the fact the site is not identified for development by existing or emerging Policy, and is not supported by the local community, the proposal is considered to go beyond that which would reasonably be expected to be accommodated in the village during the proposed Cherwell Local Plan period.

In the particular context of housing delivery at Bloxham and South East Plan Policy BE5 requirements (including that local planning authorities should encourage community-led local assessments of need and action planning to inform decision making processes in rural communities), it is considered the proposed development would adversely affect further consideration of how to sustainably meet rural needs through the production of Development Plan Documents and a Neighbourhood Development Plan (especially when the local community has indicated its intention to prepare a Neighbourhood Development Plan). As such the proposed development is contrary to Policy Villages 2 of the Cherwell Local Plan Proposed Submission draft August 2012 and to the core principles of the National Planning Policy Framework set out at paragraph 17 and in particular the requirement that decisions should be genuinely plan-led; empowering local people to shape their surroundings, with succinct local and neighbourhood plans setting out a positive vision for the  ...  view the full minutes text for item 144.