Agenda, decisions and minutes

Members declared interests in the following agenda items:

7. Land At Camp Road Upper Heyford.

Councillor Andrew Fulljames, Non Statutory Interest, as a member of Middleton Stoney Parish Council which had been consulted on the application.

Councillor James Macnamara, Non Statutory Interest, as a member of Lower Heyford Parish Council which had been consulted on the application.

9. Land North West of Hill Cottage, Lower Heyford Road, Caulcott.

Councillor Andrew Fulljames, Non Statutory Interest, as a member of Middleton Stoney Parish Council which had been consulted on the application.

Councillor James Macnamara, Non Statutory Interest, as a member of Lower Heyford Parish Council which had been consulted on the application.

10. Land And Former Buildings UH11 442 465 466 467 468 470 471 481 492 493 529 593 596 Dow Street, Upper Heyford.

Councillor James Macnamara, Non Statutory Interest, as a member of Lower Heyford Parish Council which had been consulted on the application.

12. Deerfields Farm, Canal Lane, Bodicote.

Councillor G A Reynolds, Declaration, as an the applicant was a fellow Executive member and would abstain from voting on the item.

15. 1 Hemingway Drive, Bicester, OX26 2FY.

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

17. 1 Almshouses, Church Street, Kidlington.

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

18. 4 Almshouses, Church Street, Kidlington.

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

The Chairman advised that requests to address the meeting would be dealt with at each item.

To confirm as a correct record the Minutes of the meeting of the Committee held on 24 April 2014.

The Minutes of the meeting held on 24 April 2014 were agreed as a correct record and signed by the Chairman.

To receive communications from the Chairman.

There were no Chairman’s announcements.

Approved, subject to various requirements to be set out in the minutes

The Committee considered application 13/01599/F for a change of use of the eastern part of southern taxi way for use in connection with established and lawful car processing operations.

Stephen Bowtree, the applicant, addressed the Committee in support of the application.

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

Resolved

That application 13/01599/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.    At the expiration of 5 years from the date hereof the use specified in your application shall be discontinued and the land shall be restored to its former condition on or before that date.

3.    Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the following plans:

·         Area Plan-P0754 19/1C

·         Security Plan-P0754 22/1

4.    The development shall not be commenced until a lighting strategy has been submitted to and approved by the Local Planning Authority and the strategy shall be implemented in accordance with the details as approved unless otherwise agreed in writing by the Local Planning Authority.

5.    The area of the application site comprising open hardstanding identified for car processing (defined so as to comprise the inspection, valeting, washing, repairing, tyre replacement, processing and delivery of cars and other car processing activities as may be required from time to time) shall only be used for activity which is related to car processing, and specifically shall not be used for the parking of any other vehicle associated with any other use or activity present on the application site.

6.    No car rental or related activities for use by members of the public shall be permitted from the identified car processing area.

7.    The development shall not be commenced until a scheme and programme for the provision of security for the car processing area including below ground pressure sensors and infra-red cameras and the removal of the existing concrete rings shall be submitted for approval to the Local Planning Authority and approved in writing. Thereafter the approved scheme shall be implemented in accordance with the approved details

8.    Within three months of the date of this permission a detailed green travel plan shall be submitted to an approved in writing by the Local Planning Authority. The travel plan shall be prepared in accordance with the Department of Transport's Best Practice Guidance Note "Using the planning process to secure travel plans" and the emerging Oxfordshire County Council guidance on Developer Travel Plans, and shall include an GHV routeing agreement, also covering the construction phases and including a timetable for its implementation.  The development shall be undertaken in accordance with the Travel Plan as approved.

9.    Before development commences any vehicle within the car processing area over 1.45metres in height shall be parked in a designated area the details of  ...  view the full minutes text for item 286.

Approved, subject to various requirements to be set out in the minutes

The Committee considered application 13/01688/F, a retrospective application for the erection of a covered saw shed.

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

Resolved

That application 13/061688/F be approved, subject to the following:

1.    That the rated levels of noise emitted from the stone cutting shed does not exceed background when measured in accordance with British Standard BS 4142:1997 Method for rating industrial noise affecting mixed residential and industrial areas at Station House Station Road Enslow, Kidlington OX5 3AX

Refused, reasons to be set out in the minutes

The Committee considered application 13/01802/F for the change of use of land to provide 5 Romani Gypsy pitches and associated works including the construction of 5 day rooms, provision of 5 septic tanks and the laying of hardstanding.

Richard Bennett, a local resident, address the Committee in objection to the application.

Anne-Marie Smith, the applicant, addressed the Committee in support of the application.

Councillor Macnamara proposed that application 13/01802/F be refused on the grounds the site was inappropriate and unsustainable with no access to amenities, would have a detrimental impact on the adjacent property and risk of flooding on the site. Councillor Kerford-Byrnes seconded the proposal. 

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

Resolved

That application 13/01802/F be refused for the following reasons:

1.    The proposal is contrary to Government guidance contained within the National Planning Policy Framework and the Planning Policy for Traveller Sites, and Policy BSC6 of the submitted Cherwell Local Plan (January 2014) insofar as the site is remote and in open countryside and does not have good access to health, education and other facilities and therefore constitutes unsustainable development . As the Council can demonstrate that it has an up to date GTAA which indicates that the Council has more than a five year supply of sites for gypsies and travellers it is considered that it would be inappropriate to allow a site that fails to meet the locational and sustainability criteria of the above policies.

2.    The proposal is likely to have a detrimental impact upon the residential amenities of the adjacent Hill House and would be contrary to Government guidance contained with the National Planning Policy Framework and Policy C30 of the adopted Cherwell Local Plan.

3.    The site is subject to flooding and the Council is not convinced that a satisfactory scheme to avoid flooding can be formulated and therefore fails to comply with Government guidance contained within the National Planning Policy Framework and the Planning Policy for Traveller Sites, and Policy BSC6 of the submitted Cherwell Local Plan (January 2014).

Approved, subject to various requirements to be set out in the minutes

The Committee considered application 13/01811/OUT, an outline application for up to 60 dwellings and public open space with associated works with all matters reserved.

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

Resolved

That application 13/01811/OUT be approved, subject to

i)       The applicant entering into a section 106 agreement with the District and

County Council.

ii)     The following conditions:

1.    That no development shall be commenced until full details of the layout, scale, appearance, access and landscaping (hereafter referred to as reserved matters) have been submitted to and approved in writing by the Local Planning Authority. Plans and particulars of the reserved matters referred to above shall be carried out as approved.

2.    That in the case of the reserved matters, application for approval shall be made not later than the expiration of six years beginning with the date of this permission.

 3.   That the development to which this permission relates shall be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last reserved matters to be approved.

3.    No reserved matters applications shall be made until a Design Code and Regulatory Plan has been submitted to and approved in writing by the Local Planning Authority.

       The Design Code shall comprise:

       i) Land use, density, layout of streets and public spaces and character areas;

     ii) Landscape, including for the immediate setting of the new settlement, to include retained trees and vegetation, new planting, public open space, amenity space, children's' play areas, sports facilities, footpaths, public spaces, together with adoption arrangements and extent;

     iii)Surface water control, including design standards and methodology for sustainable drainage systems, details of specific features, including appropriate options for Sustainable Urban Drainage, swales, together with adoption arrangements and extent;

iv) Public realm, including hierarchy of streets and public spaces, characteristics, dimensions, building line and or set backs, materials, means of enclosure, street furniture, including street lighting, and car parking, methods to control traffic speeds and create legibility, together with adoption arrangements and extent;

v) Built form, including scale, materials, roof treatment, elevational treatment, treatment of landmark and marker buildings, key frontages and gateways;         

vi) Sustainable design, including the measures to be incorporated to ensure that the development complies with at least the minimum Code Level required by the Building Regulations in the Code for Sustainable Homes and to assess the impact this would have on appearance;         

vii) Car and cycle parking, including standards of provision by land use and dwelling type; and        

viii) Waste recycling, including how the Councils standards for individual householders' waste and recycling bins are to be accommodated within the dwelling curtilage and refuse vehicle access to these obtained.

The development shall thereafter be carried out in accordance with the approved Design Code.  

 5.   Prior to the commencement of the development hereby approved, a landscaping scheme shall be submitted to and approved in writing  ...  view the full minutes text for item 289.

Approved, subject to various requirements to be set out in the minutes

The Committee considered application 13/01814/F for the installation of 2.No turbines both at a total height of approximately 35 metres and a height to the hub of approximately 23 metres.

Jodie Kane, the applicant, addressed the Committee in support of the application.

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

Resolved

That application 13/01814/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 condition, the application shall be carried out strictly in accordance with the following plans and documents:

·         Site Location Plan submitted with the application;

·         Site Location Inclusive of Access Route submitted with the application;

·         Design, Access & Planning Statement submitted with the application;

·         ‘Northern Power 100; Community Wind Turbine for Businesses, Schools & Farms’ submitted with the application;

·         Drawing Number 1013417 Revision C submitted with the application;

·         UWMBL0001805 Quarry Farm Photomontages received on 9 January 2014;

·         UWMBL0001805 Quarry Farm Additional Photomontages received on 28 January 2014;

·         UWMBL0001805 Quarry Farm Additional Wirelines received on 28 January 2014;

·         UWMBL0001805 Quarry Farm Shadow Flicker Map received on 28 January 2014;

·         UWMBL0001805 Quarry Farm Noise Plot Map received on 28 January 2014;

·         Equestrian Statement received on 10 February 2014;

·         Landscape & Visual Impact Assessment received on 10 February 2014;

·         Access Route Clearance Dimensions and Crane Dimensions received on 18 March 2014;

·         ‘Wind Turbine Acoustic Noise Test Report Noise Test Report NPS 100-24-UK’ dated 12 December 2013 by Cadmus received on 19 March 2014;

·         Northern Power Systems 100-24 Noise Information dated December 2013 received on 19 March 2014;

·      NPS 100-24 UK Warrant Letter dated 29 January 2014 received on 19 March 2014;

·      E-mail from applicant regarding container received on 19 March 2014;

·      E-mail from applicant regarding the access track received on 25 March 2014;

·      E-mail from applicant regarding the access track received on 9 April 2014.

3.    No development shall take place until details of the external colours and finishes of the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out as approved and the agreed colours and finishes shall not be change without the prior written consent of the Local Planning Authority.

4.    No development shall take place until details of the form of the foundations of the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out as approved and the agreed colours and finishes shall not be change without the prior written consent of the Local Planning Authority.

5.    Prior to the commencement of development, a construction traffic management plan must be submitted to, and approved in writing by, the District Planning Authority. The construction works must be carried out in accordance with the details approved in the construction traffic management plan.

6.    No development  ...  view the full minutes text for item 290.

Approved, subject to various requirements to be set out in the minutes

The Committee considered application 14/00460/F for the erection of one three bedroom dwelling situated to the south west of Deerfields Farm House between the barn and the house along the same building line. The application was a resubmission of application 13/00823/F.

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

Resolved

That application 14/00260/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 condition, the application shall be carried out strictly in accordance with the following plans and documents: application forms, planning design and access statement, site location plan and amended block plan – drawing number 13:3571:4 and proposed floor plans/ elevations – drawing number 13:3571:3A.

3.    Prior to the commencement of the development hereby approved, a stone sample panel (minimum 1m2 in size) shall be constructed on site in natural local, which shall be inspected and approved in writing by the Local Planning Authority. Thereafter, the external walls of the development shall be laid, dressed, coursed and pointed in strict accordance with the approved stone sample panel.

4.    Prior to the commencement of the development hereby approved, samples of the tile 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.

5.    Prior to the commencement of the development hereby approved, full specification details (including construction, layout, surfacing and drainage) of the parking and manoeuvring areas shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the development, the parking and manoeuvring areas shall be provided on the site in accordance with the approved details and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter.

6.    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.

7.    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  ...  view the full minutes text for item 291.

Approved, subject to various requirements to be set out in the minutes

The Committee considered application 14/00439/F for a change of use of a paddock to allow the land to be used for agricultural purposes, the erection of a polytunnel and use of existing stables as office/mess and general storage.

Mr John Wyatt, the applicant, addressed the Committee in support of the application.

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

Resolved

That application 14/00349/F be approved, subject to the following conditions:

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 approved plans: site location plan; block plan; office/store plan; and PL-CS1-135098-0001 0. 

3.    That the bricks to be used in the conversion of the building hereby permitted shall match in terms of colour, type and texture those used on the existing building.

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:-

(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.

5.    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.

6.    Except to allow for the means of access and vision splays the existing hedgerow along the southern boundary of the site shall be retained and properly maintained at a height of not less than 4.0 m metres, and if any hedgerow plant dies within five years from the completion of the development it shall be replaced and shall thereafter be properly maintained in accordance with this condition.

7.    The existing hedgerow along the western boundary of the site shall be retained and properly maintained at a height of not less than 4.0 metres, and if any  ...  view the full minutes text for item 292.

Approved, subject to various requirements to be set out in the minutes

The Committee considered application 14/00402/F for a change of use to allow the land to be used for agricultural purposes and the erection of a polytunnel.

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

Resolved

That application 14/00402/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 approved plans: site location plan; block plan; and PL-CS1-135098-0001 0. 

3.    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.

4.    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.

5.    Except to allow for the means of access and vision splays the existing hedgerow along the southern boundary of the site shall be retained and properly maintained at a height of not less than 4.0 m metres, and if any hedgerow plant dies within five years from the completion of the development it shall be replaced and shall thereafter be properly maintained in accordance with this condition.

6.    The existing hedgerow along the western boundary of the site shall be retained and properly maintained at a height of not less than 4.0 metres, and if any hedgerow plant dies within five years from the completion of the development it shall be replaced and shall thereafter be properly maintained in accordance with this condition.

Refused, reasons to be set out in the minutes

The Committee considered application 14/00148/F for a rear single story extension and garage conversion.

Councillor Les Sibley, local ward member, addressed the Committee.

Mr James Ferguson, a local resident, addressed the Committee in objection to the application.

Councillor Hurle proposed that application 14/00418/F be approved. Councillor Gibbard seconded the proposal. The motion was duly voted on and lost.

Councillor Lawrie Stratford proposed that application 14/00418/F be refused for the reasons set out in the officers’ report. Councillor Reynolds seconded the proposal.

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

Resolved

That application 14/00418/F be refused for the following reasons:

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 condition, the application shall be carried out strictly in accordance with the following plans and documents: Application Forms, Site Location Plan and Drawing Numbers 1 and 2 submitted with the application and E-mail from agent received on 2 May 2014.

Approved, subject to various requirements to be set out in the minutes

The Committee considered application 14/00444/F for the change of Use of The Manor House (Grade II*) to form a single residential dwelling and the change of use of The Barn, Guest House, Apple Loft and Orangery to provide ancillary residential accommodation.

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

Resolved

That application 14/00444/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 condition, the application shall be carried out strictly in accordance with the following plans and documents: Application forms, Planning Statement dated March 2014, Yarnton Manor ‘Zone 1: Manor House, The Barn, The Orangery, Apple Loft and Guest House Heritage Statement’ dated March 2014, Yarnton Manor Historic Building Assessment dated March 2014 and Site location plan (1018805-14-01).

Approved, subject to various requirements to be set out in the minutes

The Committee considered application 14/00467/LB, listed building consent for works associated with the removal of a bath and insertion of a new shower.

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

Resolved

That application 14/00467/LB be approved subject to the following conditions:

1.    The works to which this consent relates shall be begun not later than the expiration of three years beginning with the date of this consent.  Reason - To comply with the provisions of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.    Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the planning application forms, Design and Access Statement and the following approved plans; CHR2014/AJS/1AHK.  Reason: For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority, and in accordance with Government guidance contained within the National Planning Policy Framework.

3.    All works of making good shall be carried out in materials and detailed to match the adjoining existing fabric except where shown otherwise on the approved drawings.  Reason - To ensure that the completed development is in keeping with and conserves the special character of the existing historic building and to comply with Policy C18 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

Approved, subject to various requirements to be set out in the minutes

The Committee considered application 14/00468/LB, listed building consent for works associated with the removal of a bath and insertion of a new shower.

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

Resolved

That application 14/00468/LB be approved subject to the following conditions:

1.    The works to which this consent relates shall be begun not later than the expiration of three years beginning with the date of this consent.  Reason - To comply with the provisions of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.    Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the planning application forms, Design and Access Statement and the following approved plans; CHR2014/AJS/4AHK.  Reason: For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority, and in accordance with Government guidance contained within the National Planning Policy Framework.

3.    All works of making good shall be carried out in materials and detailed to match the adjoining existing fabric except where shown otherwise on the approved drawings.  Reason - To ensure that the completed development is in keeping with and conserves the special character of the existing historic building and to comply with Policy C18 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

Resolved

(1)          That the report be noted.

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

Resolved

(1)          That the report be noted.

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 to:

1.1    Accept the position statement.

Resolved

(1)          That the report be noted.

The Committee considered a report which updated Members on decisions which were subject to various requirements.

Resolved

(1)          That the report be noted.

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 to:

1.1     Accept the position statement.

Resolved

(1)          That the report be noted.

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.

Resolved

(1)          That the report be noted.