Agenda, decisions and minutes

Members declared interests in the following agenda items:

7. Land incorporating former Holly House, Bath Road, Banbury.

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

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

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.

8. Land South of Station Approach, West of Bicester Village, Pingle Drive, Bicester.

Councillor Andrew Beere, Declaration, as an employee of Chiltern Railways which has links with Bicetser Town Station and the car and woud abstain from voting on the application.

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

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

9. 4 The Rookery, Kidlington.

Councillor Tim Emptage, Non Statutory Interest, as a member of Kidlington Parish Council, which had been consulted on the application.

To receive communications from the Chairman.

The Chairman had no announcements.

The Committee considered application 13/01649/F for the demolition of existing buildings and the erection of a new care home, together with alterations to access, parking provision, landscaping and associated works.

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

Resolved

That application 13/01649/F be approved, subject to:

a)         Delegated authority to officers to complete of the legal agreement.

b)         The following conditions:

1.            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 listed below: Drawings: 02 Rev B, 40 Rev B, 41 Rev B, 42 Rev A, 50 Rev A, 55 Rev A, A-623/58/A, TDA.1913.01 and Planning, Design and Access Statement Ref TPS/13179/RO1CG dated October 2013

3.            Prior to the commencement of the development hereby approved, a schedule of materials and finishes for the external walls and roof(s) (including samples) of the development hereby approved 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 schedule.

4.            The development hereby approved shall be used only for the purpose of a care facility and for no other purpose whatsoever, including any other purpose in Class C of the Schedule to the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005.

5.            Prior to the first occupation of the development hereby approved, written confirmation of the development’s Secured By Design accreditation shall be submitted to and approved in writing by the Local Planning Authority.

6.            Prior to the commencement of the development hereby approved, full details of the means of access between the land and the highway, including, position, layout, construction, drainage and vision splays shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the means of access shall be constructed and retained in accordance with the approved details.

7.            Prior to the first occupation of the development hereby approved, the parking and manoeuvring areas shall be provided in accordance with the plan approved and shall be constructed from porous materials or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the site. Thereafter, the parking and manoeuvring area shall be retained in accordance with this condition and shall be unobstructed except for the parking and manoeuvring of vehicles at all times.

8.            Prior to the first use or occupation of the development hereby permitted, covered cycle parking facilities shall be provided on the site in accordance with details which shall be firstly submitted to and approved in writing by the Local Planning Authority. Thereafter, the covered cycle parking facilities shall be permanently retained and maintained for the parking of cycles in connection with the development.

9.            Prior to  ...  view the full minutes text for item 256.

The Committee considered application 13/01934/F for alterations to the existing Car Park to include a reduction in site area, erection of parking deck and erection of reception accommodation for visitors to Bicester Village.

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

Resolved

That application 13/01934/F be approved, subject to to the following conditions:

1.            The development to which this permission relates shall be begun not later than the expiration of 3 years beginning with the date of this permission.

2.            Except where otherwise stipulated by condition, the application shall be carried out in accordance with the following plans and documents: Application forms, Design and Access Statement dated 17 December 2013, Transport Statement dated 12 December 2013, External Lighting Design Planning Statement dated 6 December 2013, Surface Water Drainage Strategy dated December 2013 and the following plans: P-506-proposed finishes; P-512; P-511; P-510; P-509; P-507; P-505; P-504; P-503; P-502;P-501; and P-508 accompanying the application.

3.            Notwithstanding the details submitted, prior to the commencement of development, full details of the enclosures along all boundaries of the development shall be submitted to and approved in writing by the local planning Authority. Thereafter the approved means of enclosure shall be erected prior to the car park being first brought into use and thereafter maintained and retained in accordance with the approved details.

4.            Prior to the commencement of the development hereby approved, a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme for landscaping the site shall include details of the proposed tree and shrub planting including their species, number, sizes and positions, together with any grass seeded/turfed areas.

5.            Prior to the commencement of development, a car park management plan must be submitted to and approved in writing by the Local Planning Authority. The car parking must be carried out in accordance with the details approved in the car park management plan.

6.            No development shall commence on the site until a full drainage design for the development has been submitted to and approved in writing by the Local Planning Authority (in consultation with Oxfordshire County Council’s Drainage Team).

(Councillor Beere abstained from voting on this application)

The Committee considered application 13/01947/F for redevelopment to form 31 retirement living apartments including communal areas, car parking and associated landscaping.

Councillor Emptage proposed that application 13/01947/F be refused as the application proposed overdevelopment of the site, insufficient parking and the impact on neighbouring areas. Councillor Stevens seconds the proposal. The motion was duly voted on and subsequently lost.

Councillor Lawrie Stratford proposed that application 13/01947/F be approved. Councillor Clarke seconded the proposal.

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

Resolved

That application 13/01947/F be approved subject to:

a)            The applicant entering into an appropriate legal agreement to the satisfaction of the District Council to secure the following obligations and financial contributions:

Cherwell District Council

35% affordable housing – off site provision sought and is subject to further negotiation in respect to viability.

Refuse bins and recycling banks – contribution of £67.50 p/dwelling sought, the amount of bins are being negotiated.

CDC Admin and Monitoring fee – £650

Oxfordshire County Council

General Transport and Access impacts - £6,000 for a new bus shelter at the Chorefields bus stop on the northern side of Lyne Road.

Museum resource centre - £215

Strategic Waste Management - £2,496

Social & Health Care - £42,900

OCC Admin and Monitoring fee – £1500

b)            The following conditions:

1.            3 year time commencement

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: application forms, design, access and sustainability statement, site location plan and drawing numbers 10-1937-101A and 105B received 14.03.14 and 10-1937-102, 103, 104A, 106A, 107A, 108 and MCCA 259/4-001B submitted with the application.

3.            That the external walls and roof(s) of the development hereby approved shall be constructed in accordance with the schedule of materials and finishes detailed on page 35 of the Design, Access and Sustainability Statement submitted with the application.

4.            That prior to commencement of any development on the site, an Arboricultural Method Statement (AMS), undertaken in accordance with BS5837:2012(as revised) shall be submitted and approved in writing by the Local Planning Authority. Thereafter all works on site shall be undertaken in accordance with the agreed document.

5.             a)        No retained tree shall be cut down, uprooted, damaged or           destroyed, nor shall any retained tree be pruned in any manner, be it branches, stems or roots, other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. All tree works shall be carried out in accordance with BS3998: Recommendations for Tree Works.

b)         If any retained tree is cut down, uprooted, destroyed or dies, another tree shall be planted in the same place in the next planting season following the removal of that tree, full details of which shall be firstly submitted to and approved in writing by the Local Planning Authority.

In this condition a “retained tree” is an existing tree which shall be retained in accordance with the  ...  view the full minutes text for item 258.

The Committee considered application 14/00095/F for the conversion of redundant agricultural buildings to form livery stables with on-site staff accommodation and the construction of new indoor training school.

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

Resolved

That application 14/00095/F be approved subject to the following conditions:

1.              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: Dwg nos. 001B, 002A, 101A and 201A received with the application and Dwg nos. 102A, 103B and 104B received by email dated 12.03.2014.

3.              Prior to the commencement of the development hereby approved, a schedule of materials and finishes including samples, for the external walls and roof(s) of the development (the linked barn, long barn, indoor ménage and horse walker) hereby approved 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 schedule.

4.              Samples of the paving to be used in the surfacing of the areas of hard standing shall be submitted to and approved 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 samples so approved.

5.              Prior to the commencement of the development hereby approved, a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme for landscaping the site 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, including pavements, pedestrian areas, reduced-dig areas, crossing points and steps.

6.              All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in accordance with BS 4428:1989 Code of Practice for general landscape operations (excluding hard surfaces), or the most up to date and current British Standard, 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. Any trees, herbaceous planting 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 current/next planting season with others of similar size and species.

7.              Prior to the commencement of the development full details of the enclosures along all boundaries of the external schooling area, junior schooling area and around the long barn shall  ...  view the full minutes text for item 259.

The Committee considered application 14/00191/OUT, an outline application for alterations to an existing garden centre and the development of 14 new dwellings including access.

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

Resolved

That application 14/00191/OUT be refused for the following reasons:

1.            In the opinion of the Local Planning Authority, whilst the site is previously developed, the proposed development would have a serious and materially greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development and therefore the proposal represents inappropriate development in the Green Belt. The Local Planning Authority do not consider there to be any very special circumstances, which includes the Council’s current inability to demonstrate a 5 year deliverable supply of housing throughout the District required by Paragraph 47 of the NPPF or any other benefits of the scheme, which would outweigh the demonstrable harm caused to the Green Belt by way of inappropriateness, harm to the openness and the fact that the development would conflict with the key purposes of including land within the Green Belt. The proposal is therefore unsustainable development. The proposal is contrary to Policies GB1 and C8 of the adopted Cherwell Local Plan, Policies GB1 and GB1a of the non-statutory Cherwell Local Plan, Policies ESD14 and ESD16 and Government Guidance contained within the National Planning Policy Framework 2012.

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 will be provided. This would be contrary to Policies H5, TR1 and R12 of the adopted Cherwell Local Plan and Policies H7, OA1, TR4, R8, R9, and R10A of the non-statutory Cherwell Local Plan 2011, Policies BSC3, BSC10, BSC11 and INF1 of the Submission Cherwell Local Plan January 2014 and Government guidance contained within the National Planning Policy Framework 2012.

Report of Head of 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 Meeting is recommended:

(1)          To accept the position statement.

Report of Head of 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 Meeting is recommended:

(1)          To accept the position statement.

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

Councillor Wood, Ward member for Fringford, spoke in reference to the decision of the Inspector appointed by the Secretary of State to quash the enforcement notice 13/00138/EPlan relating to a breach of planning control and allow the planning appeal against the refusal of application 13/00718/F regarding the demolition and replacement with 2 no. new dwellings without complying with a condition attached to planning permission 11/01160/F at land at Rosemary, Main Street, Fringford.

Councillor Pickford proposed that officers be requested to submit a report to a future Planning Committee setting out the Council's proposed next steps in the matter of Rosemary, Fringford. Councillor Rose Stratford seconded the proposal.

Resolved

(1)          That the position statement be accepted.

(2)          That officers be requested to bring an informative report to a future Planning Committee setting out the Council's proposed next steps in the matter of Rosemary, Fringford.