Agenda, decisions and minutes

Members declared interests in the following agenda items:

7. Phase 2 SW Bicester Parcel 7849 North of Whitelands Farm Adjoining Middleton Stoney Road, Bicester.

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

Councillor Ken Atack, Declaration, as a member of the Executive but would remain in the meeting for the item.

8. Land adjacent to Oxford Canal, Banbury, Spiceball Park.

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 Barry Richards, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

Councillor Barry Wood, Conflict of Interest, as a member of Executive and would leave the meeting for the duration of the item.

Councillor D M Pickford, Conflict of Interest, as a member of Executive and would leave the meeting for the duration of the item.

Councillor G A Reynolds, Conflict of Interest, as a member of Executive and would leave the meeting for the duration of the item.

Councillor Ken Atack, Conflict of Interest, as a member of Executive and would leave the meeting for the duration of the item.

Councillor Michael Gibbard, Conflict of Interest, as a member of Executive and would leave the meeting for the duration of the item.

Councillor Colin Clarke, Non Statutory Interest, as Cherwell District Council's appointed outside body representative to The Mill Community Education and Arts Centre and Vice-Chairman of its Executive Committee and would leave the meeting for the duration of the item.

13. Unit A5 and A6, Pioneer Square, Bure Place, Bicester.

Councillor Barry Wood, Conflict of Interest, as a member of Executive and would leave the meeting for the duration of the item.

Councillor D M Pickford, Conflict of Interest, as a member of Executive and would leave the meeting for the duration of the item.

Councillor G A Reynolds, Conflict of Interest, as a member of Executive and would leave the meeting for the duration of the item.

Councillor Ken Atack, Conflict of Interest, as a member of Executive and would leave the meeting for the duration of the item.

Councillor Michael Gibbard, Conflict of Interest, as a member of Executive and would leave the meeting for the duration of the item.

14. Unit A5 and A6, Pioneer Square, Bure Place, Bicester.

Councillor Barry Wood, Conflict of Interest, as a member of Executive and would leave the meeting for the duration of the item.

Councillor D M Pickford, Conflict of Interest, as a member of Executive and would leave the meeting for the duration of the item.

Councillor G A Reynolds, Conflict of Interest, as a member of Executive and would leave the meeting for the duration of the item.

Councillor Ken Atack, Conflict of Interest, as a member of Executive and would leave the  ...  view the full minutes text for item 48.

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

The Minutes of the meeting held on 10 July 2014 were agreed as a correct record and signed by the Chairman.

To receive communications from the Chairman.

The Chairman made the following announcements.

1.    The Chairman apologised for the meeting room being little warm, which was due to maintenance work being undertaken on the air conditioning system. All efforts had been made to make the meeting room as comfortable as possible.

2.    The meeting was being webcast and meeting may also be recorded. Under Government legislation that had recently been introduced, Members of the public and press were now ableto record the proceedings of any public meeting of the Council. Anyone intending to record the meeting must not act in a way that was disruptive to the meeting and did not focus on the public gallery. Should recording disrupt the meeting at any point, the Chairman had discretion to suspend the meeting until recording is terminated. 

The Committee considered application 13/00847/OUT, an outline application for a residential development within Use Class C3, Extra Care facility, Primary School, retail, formal and informal public open space, play facilities, sports pitches, allotments and associated infrastructure including landscaping, highways, footpaths/cycleways, drainage utilities and parking.

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

Resolved

That application 13/00847/OUT be approved, subject to:

a)    the completion of the section 106 agreement

b)    it being resolved that in accordance with the provisions of Regulation 24 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011, that this report be approved as setting out the main reasons, considerations and measures of mitigation proposed with regard to the ES.

c)    authority being delegated to the Head of Development Management, in consultation with the Chairman, in respect of any minor amendments to the wording of the conditions or the section 106 agreement that may be necessary following further detailed discussions with the applicants. 

d)    The following conditions

1.            No development shall commence within any phase 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.

2.           In the case of the reserved matters, application for the first residential reserved matters application for approval shall be made not later than the expiration of two years beginning with the date of this permission. The remaining reserved matters shall be made not later than five years beginning with the date of this permission.

3.           The development to which this permission relates shall be commenced not later than the expiration of two years from the approval of the first reserved matter and the remainder of the development shall be begun not later than;

(i)            the expiration of five years from the date of the grant of Outline Planning permission or

(ii)        within two years of the approval of the reserved matters for the phase         or, in the case of approval on different dates, the final approval of the last reserved matters to be approved.

4.            Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the plans and documents: Application forms, and drawings, with authority delegated to the Head of Development Management to determine the exact documents and plans.

5.            Prior to the commencement of development hereby approved, a phasing plan covering the entire site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter each reserved matters application shall refer to a phase, phases, or part thereof identified in the phasing plan.

6.         No reserved matters applications shall be made or development commenced until a Design Code for the site has been produced in accordance with Condition 7 and following consultation with the Local Planning Authority and other stakeholders, and has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance  ...  view the full minutes text for item 53.

The Head of Development Management submitted a report relating to an outline application for the construction of up to an additional 100 dwellings above those permitted under 06/00967/OUT – Land at South West Bicester.

At the July 2013 Planning Committee meeting. Members had considered and resolved to approve the application subject to the completion of a legal agreement. Members had also resolved to amend a recommended condition relating to code levels from Code Level 4 to Code Level 5. The applicants had objected to Code Level 5 and the report sought to address the issue. The decision remained outstanding as the legal agreement had not yet been completed.

Resolved

(1)       That it be agreed that the permission be granted as previously resolved subject to the suggested conditions and the completion of a legal agreement as set out in the report to committee in July 2013, with the condition relating to code levels to remain as Code Level 4.

Resolved

That Councillor Blackwell be appointed Chairman for the following Agenda Item

The Committee considered application 13/01601/OUT,  for outline planning permission for for the redevelopment of land adjacent to the Oxford Canal comprising; the demolition of the Castle Quay Shopping Centre northern car park and associated canal footbridge and General Foods Sports and Social Club band practice room; change of use of part of the ground floor of the Castle Quay Shopping Centre southern car park and associated works; the erection of a retail food store (Use Class A1), hotel (Use Class C3), cinema (Use Class D2), restaurants and cafes (Use Class A3 and A4) and altered vehicular and pedestrian accesses, alterations to the rear of the Castle Quay Shopping Centre landscaping, construction of infrastructure, car parking and associated works, including the construction of pedestrian/cycle bridges over the Oxford Canal and River Cherwell. Details of new vehicular access off Cherwell Drive and alterations to Spiceball Park Road | Land Adjacent to the Oxford Canal Spiceball Park Road.

At the 6 February 2014 Planning Committee meeting, Member had resolved to approve outline planning permission for a development of a similar description subject to overcoming issues raised by Oxfordshire County Council as local highway authority, resolving car park supply and needs assessment, securing an appropriate legal agreement to secure financial contributions to road junction and towpath improvements and other matters, and referral of the application to the Secretary of State.  

The current description differed significantly from the previously approved application in that it omitted reference to the demolition of the General Foods Sports and Social Club, omitted reference to the glazed canopy over the Oxford Canal, but included the undertaking of alterations to the rear of the existing Castle Quay shopping centre. The redline defining the site had been amended to suit these changes.

Mrs Thelma Jones, a local resident, addressed the Committee in objection to the application.

David Smith, agent for 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 addresses of the public speakers.

Resolved

That application 13/01601/OUT be approved, subject to the following:

a)           That delegated authority be given to the Head of Development Management (in consultation with the Chairman on the Planning Committee) to approve the application subject to (i) the applicant reaching agreement with the County Council over the highways impacts of the proposals and the consequent need for appropriate contributions to mitigate those impacts, and (ii) reaching agreement with this Council with regards to the impact of the proposal upon the adequacy of town centre car parking. In the event that agreement is not reached, after reasonable efforts to do so to the satisfaction of the Head of Development Management (in consultation with the Chairman on the Planning Committee), this application shall be returned to a future meeting of this Committee for further consideration and determination.

b)           The completion of a s106 legal obligation to the satisfaction of the Council

c)            Referral to the Secretary of State.

d)           The  ...  view the full minutes text for item 56.

The Committee considered application 14/00067/F for the conversion of an existing building into a self-contained dwelling with associated highway safety access improvement works.

Neil Good, Somerton Parish Council, addressed the Committee on behalf of Somerton Parish Council in objection to the application.

Councillor Pickford proposed that application 14/00067/F be approved. Councillor Gibbard seconded the proposal. The motion was duly voted on and subsequently fell.

Councillor Macnamara proposed that application 14/00067/F be refused as it would be setting an undesirable precedence, the Conservation Officer had raised objections and it was contrary to policy C28 of the adopted Cherwell Local Plan. Councillor Kerford Byrnes seconded the proposal.

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

Resolved

That application 14/00067/F be refused for the reasons set out above with detailed wording to be delegated to the Head of Development Management, in consultation with the Chairman.

The Committee considered application 14/00465/F for a single storey extension to create an entrance lobby along with a new Clovis canopy to the side door.

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

Resolved

That application 14/00465/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 listed below:

Drawings: Site location plan (1/1250), 2125/4B, 2125/6B, 2125/7A

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

The Committee considered application 14/00786/F for a solar farm and associated works.

Chris Akrill, agent for the applicant, addressed the Committee in support of the application.

Councillor Gibbard proposed that application 14/00786/F be refused as the site was not suitable for the proposed development. Councillor Heath seconded the proposal. The motion was duly voted on and subsequently lost.

Councillor Clarke proposed that the application be approved, as per the officers’ recommendation. Councillor Pickford seconded the proposal.

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

Resolved

That application 14/00786/F be approved, subject to:

a)            The applicant successfully addressing the objection raised by the Environment Agency.

b)            Referral to the Secretary of State.

c)            The following conditions and any additional conditions required by the Environment Agency:

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 planning application forms and the following plans and documents:

            13214/SLP01

            ROC1004-1001v1.5

            ROC1004-1003v1

            ROC1004-1004v1.1

            ROC1004-1005v1.2

            ROC1004-1006v1.1

            ROC1004-1010v1.1

            312/P1

            Planning Statement produced by Town Planning Services Limited (dated May 2014)

            Design and Access Statement produced by Town Planning Services Limited (dated May 2014)

            Extended Phase 1 Habitat Assessment - produced by Enims Environmental Excellence (dated July 2013)

            Bat Survey Report - produced by Enims Environmental Excellence (dated November 2013)

            Bat Tree Assessment Survey Report - produced by Enims Environmental Excellence (dated October 2013)

            Desk-based Heritage Assessment produced by Thames Valley Archaeological Services (dated August 2013) 

            Flood Risk Assessment Revision B (produced by Gyoury Self (dated July 2014)

 3         The permission shall expire no later than 25 years from the date when electricity is first exported from any part of the array to the electricity grid network ('First Export Date'). Written confirmation of the First Export Date shall be provided to the Local Planning Authority no later than 1 calendar month after the event.

 4         Not later than 24 months before the end of this permission, a decommissioning and site restoration scheme shall be submitted to and approved by the Local Planning Authority , such scheme to include the management and timing of any works and traffic management plan to address likely traffic impact issues during the decommissioning period. The approved scheme shall be fully implemented within 12 months of the expiry of this permission

 5         That full details of the cctv system shall be submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in accordance with the detail agreed.

 6         Prior to the commencement of the development, a Construction Environment Management Plan (CEMP), which shall include details of the measures to be taken to ensure construction works do not adversely affect biodiversity or adversely affect residential properties on, adjacent to or surrounding the site together with details of the  ...  view the full minutes text for item 59.

The Committee considered application 14/00810/F, a resubmission of application 13/00273/F for a single storey front extension.

Mrs Beukes, the applicant, addressed the Committee in support of the application.

Councillor Wood proposed that application 14/00810/F be approved as the proposal represented an acceptable form of development and was in line with the provisions of policies C28 and C30 of the Cherwell Local Plan. Councillor Kerford Byrnes seconded the proposal.

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

Resolved

That application 14/00810/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, Block Plan and Drawing No's: HARDWICK/01 C and HARDWICK/03 C submitted with the application.

3.            The materials to be used for the external walls, roof and windows of the extension hereby approved shall match in terms of colour, type and texture those used on the existing building.

The Committee considered application 14/00889/ADV for 1 No. illuminated fascia sign and 2 No. illuminated hanging signs.

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

Resolved

That application 14/00889/ADV be approved, subject to the following conditions:

1.            At the end of a period of five years form the date of this decision, this consent for the display of advertisements will lapse.

2.            Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following plans and documents: Drawing nos. 1184/B (signage location); 1184/B (A-fascia sign) received with the application and 1184/B (B – Projecting sign x 2) received on 8 July 2014.

3.             (a) No advertisement shall be displayed without the permission of the owner of the site   or any other person with an interest in the site entitled to grant  permission.

            (b)  No advertisement shall be sited or displayed so as to:-

(i)      endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military);

(ii)     obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air; or

(iii)    hinder the operation of any device used for the purpose of security or surveillance or for measuring the speed of any vehicle.

(c)  Any advertisement displayed, and any site used for the display of advertisements, shall be maintained in a condition that does not impair the visual amenity of the site.

(d) Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public.

(e)  Where an advertisement is required under these Regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity.

4.            Only the Anytime Fitness lettering shall be illuminated within any of the signs and the maximum luminance of the fascia signs hereby approved shall not exceed 300 candelas per sqm and the maximum luminance of the projecting signs hereby approved shall not exceed 200 candelas per sqm.

5.            That the projecting sign shall be wholly contained within the area between the face of the building and the bollards along the frontage.

The Committee considered application 14/00890/F for the change of use from retail (A1 use class) to a gymnasium (D2 use class).

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

Resolved

That application 14/00890/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 and drawings numbered: D11448-N and D11501-B submitted with the application.

3.            The ventilation system shall be installed, brought into use and retained in  accordance with the Mitsubishi Electric Air Conditioning Systems details (reference PLA-RP60BA) and sited in accordance with drawing number D11501-B submitted with the application, unless otherwise agreed in writing by the Local Planning Authority prior to the system being installed.

4.            The units (A5 and A6) shall be used only for the purpose of a gymnasium and for no other purpose whatsoever, including any other purpose in Class D2 of the Schedule to the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005.

The Committee considered application 14/00892/F, which sought retrospective consent for amendments to the previously approved planning consent 13/01552/F.

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

Resolved

That application 14/00892/F be approved, subject to the following conditions:

1.            The car parking area within the garage shown on the approved plans shall not be converted to provide additional living accommodation without the prior express planning consent of the Local Planning Authority.

2.            The building hereby permitted shall be used only for purposes incidental to the enjoyment of the dwelling house as such and shall not be used for any trade, industry, business or other use whatsoever.

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:

(1)          To accept the position statement.

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:

(1)          To accept the position statement.

The Committee considered a report which updated members on applications 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