Agenda, decisions and minutes

Members declared interests in the following agenda items:

7. Proposed Drayton Playgroup, North Oxfordshire Academy, Drayton 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 Barry Richards, 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.

12. North Oxfordshire Academy, Drayton 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 Barry Richards, 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.

18. University of Oxford, Old Road Campus, Roosevelt Drive, Oxford.

Councillor Nicholas Turner, Non Statutory Interest, as the applicant is his landlord.

To receive communications from the Chairman.

The committee considered application 14/00080/F, for a single storey pre-school building.

Lesley Blake, a local resident, addressed the committee in objection to the application.

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

Resolved

That application 14/00080/F be approved subject to:

a)            Sport England withdrawing their objections

b)            The approval of application 14/00695/F for a synthetic sports pitch and flood lighting

c)            Negotiation of a legal agreement or condition to link this application with application 14/00695/F to ensure the replacement sporting facility would be provided within a suitable timescale

d)            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.

2.            Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following plans and documents: Application forms, Design and Access Statement and drawings numbered: 001, 002 rev A, 003 rev C, 004, 005 and 006 received with the submission of the application. 

3.            The building shall be used only for the purpose of day nursery/play group and for no other purpose whatsoever, including any other purpose in Class D1 of the Schedule to the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005.

4.            The development hereby approved shall be constructed in accordance with the material specification details shown on drawing number 004 unless otherwise agreed in writing by the Local Planning Authority. 

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 first occupation of the development hereby approved, a Travel Plan, prepared in accordance with the Department  ...  view the full minutes text for item 34.

The committee considered application 14/00695/F for a synthetic sports pitch and flood lights to replace the existing grass sports pitch.

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

Resolved

That application 14/00695/F be approved subject to:

a)           The applicants entering into an appropriate legal agreement to the satisfaction of the District Council to link the proposed development with application 14/00080/F.

b)           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.

2.            Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following plans and documents: Application forms, justification statement, feasibility statement and drawings numbered: 010, NSNOA001 and E01.

3.            Prior to the commencement of the development full details of the fencing to enclose the pitch shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be implemented in accordance with the approved details, prior to the first use of the pitch.

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.            Prior to the commencement of development hereby approved, a Construction Traffic Management Plan (CTMP) shall be submitted and approved in writing by the Local Planning Authority.  Thereafter, the development shall be carried out in accordance with the approved details. 

7.            The floodlights hereby permitted shall be used only in connection with the sporting activity taking place at the grounds and not at any other time for any other purpose and shall be turned off when that activity has ended and shall not be left on overnight.

8.            That the  ...  view the full minutes text for item 35.

The Committee considered application 14/00107/F for an extension to residential curtilage.

Councillor Atack, addressed the committee as Ward Member.

Clive Mutch, Claydon Parish Councillor, addressed the committee in objection to the application.

Carl Middleditch, agent for the applicant, addressed the committee in support to the application.

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

Resolved

That application 14/00107/F be approved, subject to the following decisions:

1.            That notwithstanding the planting that has taken place (which may or may not be appropriate for this rural location) within 1 month of this decision, 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 recent tree/shrub planting and 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.

2.            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 date of this decision.  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.

3.            Notwithstanding the existing timber shed on the site and the provisions of Classes A to E (inc.) of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 1995 and its subsequent amendments, the existing dwelling subject to 10/01095/CLUE shall not be extended, nor shall any structures be erected within the curtilage hereby approved without the prior express planning consent of the Local Planning Authority.

4.    Except where otherwise stipulated by condition, the application shall strictly accordance with the amended site location plan 2286 received 28.05.14 and the permission does not benefit the land outlined in blue.

The committee considered application 14/00184/F for the demolition of an existing bungalow and garage and construction of 3 No. new dwellings.

Councillor Kerford-Byrnes proposed that application 14/00184/F be refused as the siting and size of the dwellings proposed, would represent overdevelopment of the site and would have a detrimental impact upon the residential amenities of adjacent properties and consequently it would be contrary to Policies C28 and C30 of the adopted Cherwell Local Plan , Policy ESD 16 of the Submission Cherwell Local Plan and the guidance contained in the National Planning Policy Framework. Councillor Reynolds seconded the proposal.

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

Resolved

That application 14/00184/F be refused for the following reason:

1.            The proposal, by reason of the siting and size of the dwellings proposed, would represent overdevelopment of the site and would have a detrimental impact upon the residential amenities of adjacent properties and consequently it would be contrary to Policies C28 and C30 of the adopted Cherwell Local Plan  , Policy ESD 16 of the Submission Cherwell Local Plan and the guidance contained in the National Planning Policy Framework

The committee considered application 14/00463/F for the change of use of the former Bell Inn from mixed use within A2/C3 to wholly residential use.

Peter Millar, Parish Councillor for Hook Norton, spoke in objection to the application.

Neil Warner, agent for the application, spoke in support of the application.

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

Resolved

That application 14/00463/F be refused for the following reason:

1.            The proposal would result in the loss of an Asset of Community Value, that is The Bell, Public House.  The applicant has failed to demonstrate that the Public House is unviable in the long term.  As such, the loss of the service would lead to an unacceptable impact on the character of the area and the local community and would therefore be contrary to Policy S29 of the adopted Cherwell Local Plan 1996, paragraphs C.205 and C.206 of the Submission Cherwell Local Plan 2014 and central Government guidance contained in the National Planning Policy Framework.

The committee considered application 14/00698/F for the erection of a permanent Warden’s dwelling

Jon Payne, speaking on behalf of the applicant addressed the committee in support of the application.

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

Resolved

That application 14/00698/F be refused for the following reasons:

1.            The applicant has failed to establish that the dwelling is essential for the proper functioning of Glebe Leisure Caravan Park and that a warden needs to live permanently on site.  The proposal therefore fails to meet the requirements of the National Planning Policy Framework and saved Policy H18 of the adopted Cherwell Local Plan 1996.

2.            The proposal represents sporadic development in the open countryside that would be detrimental to the open rural character and appearance of the area and the environment within the designated Area of High Landscape Value, contrary to Government guidance contained within the National Planning Policy Framework, saved Policies C7, C8, C9, C13 and C28 of the adopted Cherwell Local Plan 1996 and Policies ESD 13 and ESD 16 of the Submission Cherwell Local Plan.

The committee considered application 14/00718/F for a two storey building accommodating twelve units for B1 purposes and associated works.

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

Resolved

That application 14/00718/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 approved plans: 14092 200A; 14092 400D; 14092 401C; 14092 402E; and 14092 403C.

3             That the external walls and roof(s) of the building shall be constructed not in accordance with the submitted details but that revised details of materials and finishes shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of construction work.

4             That no development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme for landscaping the site which 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, pavements, pedestrian areas, crossing points and steps.

5             That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out 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;  and that any trees 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 next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation.

6             That all the means of access between the land and the highway shall be formed, laid out, constructed and drained in such position(s) and with such vision splays as shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.

7             That before the development is first occupied, the parking and manoeuvring areas shall be provided in accordance with the plan hereby approved and shall be constructed, laid out, surfaced, drained and completed in accordance with specification details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development, and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter.

8             Prior to the first occupation of the development hereby approved, a Travel Plan Statement, prepared in  ...  view the full minutes text for item 41.

The committee considered application 14/00735/F for a rear extension and minor alterations to an attached outbuilding.

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

Resolved

That application 14/00735/F be approved subject to the following conditions:

1.            That 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.

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 Form, site plan and drawing no. 5709-02b

3.            Prior to the commencement of the development hereby approved, a colour scheme for the colouring of the external timber cladding shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the development, the cladding shall be finished and thereafter maintained in accordance with the approved colour scheme.

4.            Notwithstanding the provisions of Classes A to C (inc.) of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 1995 and its subsequent amendments, the flat roof of the extension shall not be used as a balcony without the prior express planning consent of the Local Planning Authority.

5.            The rooflights in the east and west elevations of the extension shall have a cill height of not less than 1.7m above finished floor level.

The committee considered application 14/00817/F for the variation of Condition 2 of the previously approved application 13/00718/F – alteration to front of elevation of plot 1.

Jan Maciejewski, local resident, spoke in objection to the application.

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

Resolved

That application 14/00817/F be refused for the following reason:

1.            The proposal by virtue of its contrived design does not respect the character and scale of the existing building as well as the surrounding built form and is therefore considered to introduce an incongruous feature into the street scene which is unsympathetic and harmful to the character and appearance of the area.  The proposal is therefore contrary to the provisions of Policies C28 and C30 of the adopted Cherwell Local Plan, Policy ESD 16 of the Proposed Submission Local Plan and Government guidance contained within the National Planning Policy Framework.

The committee considered application 14/01004/ADJ for the erection of medical research building (Big Data Institute) on level 3 plus basement and plant enclosure at roof level, together with landscaping and ancillary works. (Part reserved matters of outline planning permission 12/02072/OUT relating to plot B5, seeking approval of appearance, landscaping scale and layout).

Cherwell District Council was a consultee on the application, which would be determined by Oxford City Council.

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

Resolved

That Cherwell District Council advise Oxford City Council that Cherwell District Council  raises no objections to the proposal.

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.