Agenda, decisions and minutes


Planning Committee - Thursday 4 September 2014 4.00 pm

Venue: Bodicote House, Bodicote, Banbury, OX15 4AA

Contact: Aaron Hetherington, Democratic and Elections  Email: aaron.hetherington@cherwellandsouthnorthants.gov.uk, 01295 227956

Media

Items
Note No. Item

67.

Declarations of Interest

Members are asked to declare any interest and the nature of that interest which they may have in any of the items under consideration at this meeting

Additional documents:

Minutes:

11. 3663 Dorcas 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 has been consulted on the application.

 

13. Heyford Manor, 18 Church Lane, Lower Heyford.

Councillor James Macnamara, Disclosable Pecuniary Interest, as the applicant.

 

14. Heyford Manor, 18 Church Lane, Lower Heyford.

Councillor James Macnamara, Disclosable Pecuniary Interest, as the applicant.

 

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.

 

68.

Requests to Address the Meeting

The Chairman to report on any requests to address the meeting.

Additional documents:

Minutes:

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

 

69.

Urgent Business

The Chairman to advise whether they have agreed to any item of urgent business being admitted to the agenda.

Additional documents:

Minutes:

There was no urgent business.

70.

Minutes pdf icon PDF 123 KB

To confirm as a correct record the Minutes of the meeting of the Committee held on 7 August 2014.

Additional documents:

Minutes:

The Minutes of the meeting held on 7 August 2014 were agreed as a correct record and signed by the Chairman.

71.

Chairman's Announcements

To receive communications from the Chairman.

 

Additional documents:

Minutes:

The Chairman made the following announcements:

 

1.      Under the Openness of Local Government Bodies Regulations 2014,members of the public were permitted to film, broadcast and report on the meeting, subject to the efficient running of the meeting not being affected.

 

2.      The officer recommendation for agenda item 7, application 14/00137/F, Heyford Park, Camp Road, Upper Heyford, had changed from one of approval to deferral at the applicant’s request to enable further discussion with regard to the proposed condition.

 

Councillor Rose Stratford proposed that consideration of application 14/00137/F be deferred. Councillor Clarke seconded the proposal.

 

3.      Agenda item 8, application 14/00801/F at Swalcliffe Park Equestrian, Grange Lane, Swalcliffe had been withdrawn from the planning process by the applicant and would not be considered at the meeting.

 

Resolved

 

(1)               That consideration of application 14/00137/F be deferred to enable further discussion with the applicant with regard to the proposed condition.

14/00137/F

72.

Heyford Park, Camp Road, Upper Heyford pdf icon PDF 902 KB

Additional documents:

Decision:

Application deferred at the applicant’s request to enable further discussion with regard to the proposed conditions.

Minutes:

As per the Chairman’s announcement at the start of the meeting, consideration of application 14/00137/F had been deferred to a future meeting of the Committee, to enable further discussion with the applicant with regard to the proposed conditions.

14/00801/F

73.

Swalcliffe Park Equestrian, Grange Lane, Swalcliffe pdf icon PDF 194 KB

Additional documents:

Decision:

Application withdrawn by applicant

Minutes:

As per the Chairman’s announcement at the start of the meeting, application 14/00801/F had been withdrawn from the planning process by the applicant and therefore would not be considered at the meeting.

 

14/00844/OUT

74.

OS Parcel 6680 North of Hook Norton Primary School and South of Redland Farm, Sibford Road, Hook Norton pdf icon PDF 153 KB

Additional documents:

Decision:

Refused, reasons to be set out in the minutes.

 

Minutes:

The Committee considered application 14/00844/OUT, an outline application for the erection of 54 dwellings, landscape, public open space and associated works.

 

Councillor Ray Jelf, local Ward Member, addressed the Committee.

 

Emma Kane, Chairman of Hook Norton Parish Council and Rupert Holdsworth address the Committee in objection to the application.

 

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

 

Resolved

 

That application 14/00844/OUT be refused on the following grounds:

 

1.    Notwithstanding the Council’s present inability to demonstrate that it has a 5 year housing land supply as required by paragraph 47 of the NPPF, the development of this site cannot be justified on the basis of the land supply shortfall alone. The applicant has failed to adequately demonstrate that the proposed development would not be adversely affected by the activities associated with the Intensive Dairy Unit at Redlands Farm immediately to the north, resulting in an unacceptable living environment for the occupiers of the new dwellings. As such the development is considered to be unsustainable and the proposed would be contrary to the thrust of Policy ENV1 of the adopted Cherwell Local Plan and Government advice within the National Planning Policy Framework which seeks to ensure high quality design and a good standard of amenity for all existing and future occupants of land and buildings.

 

2.    In the absence of a satisfactory planning obligation, the Local Planning Authority is not convinced that the infrastructure and affordable housing directly required as a result of this scheme will be delivered. This would be contrary to Policy H5 of the adopted Cherwell Local Plan, Policy INF1 of the Submission Local Plan and government guidance within the National Planning Policy Framework.

 

14/00950/F

75.

Land North of OS Parcel 0037, Murcott Road, Upper Arncott pdf icon PDF 138 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 14/00950/F for the construction of an 8 MW solar photovoltaic park complete with all necessary inverters, security fencing, switch gear and landscaping, along with the necessary cables connecting the development to the Arncott Primary Substation and all associated works.

 

Arthur Bell, the applicant and John Cooper, the Chairman of Arncott Parish Council 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 speakers.

 

Resolved

 

That application 14/00950/F be approved, subject to:

 

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

 

b)            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:

                       

            Drawing no’s: 11793_A_(SE-DSP-SWB-CON)_A0_G2, T.201, T.202, GEUKD-1001-1056-0000 Rev A, D.101, D.102, D.105, D.108, D.107, T.200.1, D.103, D.106 and ‘Brook Farm Solar Park Planning Application’ ref SOL/1056 dated 11 June 2014, Extended Phase 1 Habitat Survey by Abbas Ecology dated November 2013, SUPPLEMENTARY LANDSCAPE AND VISUAL IMPACT ASSESSMENT AND APPENDICES (Tree Survey and Root Protection and Landscape Mitigation) byDAVID HARES LANDSCAPE ARCHITECTURE received 15 August 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         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 consultation and communication to be carried out with local residents shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with approved CEMP.

                       

 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,  ...  view the full minutes text for item 75.

14/00974/F

76.

3663 Dorcas Road, Banbury pdf icon PDF 160 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 14/00974/F for the erection of plant platform in goods-in yard.

 

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

 

Resolved

 

That application 14/00974/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, Design and Access Statement and drawing numbered: 4277-100 Rev B.  

14/01017/OUT

77.

Land South Of Milton Road, Bloxham pdf icon PDF 205 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 14/01017/OUT for a residential development comprising up to 85 dwellings with access and associated infrastructure.

 

Jenny Yates, Chairman of Bloxham Parish Council, addressed the Committee in objection to the application.

 

Peter Frampton, 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 14/01017/OUT be approved, subject to

 

a)     Subject to the completion of a  s.106 legal agreement to the satisfaction of the District Council

b)     the following conditions:

 

1.                 Details of the appearance, landscaping (including the protection and enhancing of existing hedgerows around the site), layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

 

2.                 Application for approval of the reserved matters shall be made to the local planning authority not later than one year from the date of this permission.

 

3.                 The development hereby permitted shall begin not later than one year from the date of approval of the last of the reserved matters to be approved.

 

4.                 No development shall take place until details of the finished floor levels of the proposed dwellings in relation to the existing ground levels have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

5.                 The dwellings shall achieve Level 3 of the Code for Sustainable Homes. No dwelling shall be occupied until a final Code Certificate has been issued for it certifying that Code Level 3 has been achieved.

 

6.                 The landscaping scheme as approved under condition 1 shall be carried out in accordance with a landscaping phasing plan to be submitted and approved in writing by the local planning authority and retained thereafter. Any new or existing hedgerows around the perimeter of the site shall be retained and any plant dying or removed within a period of 5 years from the completion of the development shall be replaced with one of a similar size and species during the next planting season.

 

1.                 No development shall take place until a scheme for the surface water drainage of the approved development in accordance with RSK’s Flood Risk Assessment dated August 2012 (reference 131733 – R1(1) – FRA) has been submitted to and approved in writing by the local planning authority. No dwelling shall be occupied until the approved works have been carried out.

 

2.                 No development shall take place until a drainage strategy detailing on and/or off site drainage works has been submitted to and approved in writing by the local planning authority. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed.

 

3.                 No development shall take place until a scheme for additional  ...  view the full minutes text for item 77.

14/01119/F

78.

Heyford Manor, 18 Church Lane, Lower Heyford pdf icon PDF 159 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 14/01119/F for a replacement outbuilding.

 

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

 

Resolved

 

That application 14/01119/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 consent, the development shall be carried out strictly in accordance with the application forms and approved plan 648 STORE A.

                       

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

 

4.            Prior to the commencement of the development hereby approved details of the photo-voltaic panels 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.            The windows shall be constructed from timber and details, at a scale of 1:20 including a cross section and colour/finish, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.  The development shall be carried out in accordance with the approved details.

           

14/01120/LB

79.

Heyford Manor, 18 Church Lane, Lower Heyford pdf icon PDF 139 KB

Additional documents:

Decision:

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

Minutes:

The committee considered application 14/01120/LB, listing building consent for the demolition of an outbuilding.

 

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

 

Resolved

 

That application 14/01120/LB 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 consent, the development shall be carried out strictly in accordance with the application forms and approved plan 648 STORE A.

                       

 

14/01131/F

80.

1 Hemingway Drive, Bicester, OX26 2FY pdf icon PDF 237 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 14/01131/F for a single storey rear extension and garage conversion.

 

Councillor Les Sibley addressed the committee as local Ward Member.

 

James Ferguson, a neighbour, addressed the committee in objection to the application.

 

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

 

Resolved

 

That application 14/01131/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, Site Location Plan and Drawing No’s: 1B and 2B submitted with the application.

 

81.

Decisions Subject to Various Requirements pdf icon PDF 36 KB

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.

 

Additional documents:

Decision:

Resolved

 

(1)       That the report be noted

 

Minutes:

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

 

Resolved

 

(1)       That the report be noted

 

82.

Appeals Progress Report pdf icon PDF 39 KB

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.

 

Additional documents:

Decision:

Resolved

 

(1)       That the report be noted

 

Minutes:

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

 

83.

Exclusion of Public and Press

The following reports contain exempt information as defined in the following paragraph of Part 1, Schedule 12A of Local Government Act 1972.

 

5 – Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings

 

Members are reminded that whilst the following items have been marked as exempt, it is for the meeting to decide whether or not to consider each of them in private or in public. In making the decision, members should balance the interests of individuals or the Council itself in having access to the information. In considering their discretion members should also be mindful of the advice of Council Officers.

 

Should Members decide not to make a decision in public, they are recommended to pass the following recommendation: “That, in accordance with Section 100A (4) of Local Government Act 1972, the press and public be excluded form the meeting for the following items of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraph 5 of Schedule 12A of that Act.”

 

Additional documents:

Minutes:

Resolved

 

That, in accordance with Section 100A (4) of Local Government Act 1972, the press and public be excluded from the meeting for the following items of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraph 5 of Schedule 12A of that Act.

84.

Rosemary Development - Fringford

Exempt Report of Head of Development Management

Decision:

Resolved

 

(1)          That the report and further action be noted

Minutes:

The Head of Development Management submitted an exempt report whichadvised Members of the current enforcement position at the former Rosemary building in Fringford.

 

Resolved

 

(1)          That the report and further action be noted

85.

Orchard Way, The Paddock, Heyford Road, Somerton

Exempt Report of Head of Development Management

Decision:

Resolved

 

(1)          That consideration of the matter be deferred

Minutes:

The Head of Development Management submitted an exempt report relating to Orchard War, The Paddock, Heyford Road, Somerton.

 

In introducing the report, the Team Leader Development Control & Major Developments explained that it was proposed that consideration of the report be deferred to allow for further discussion and consideration with relevant parties.

 

Resolved

 

(1)          That consideration of the matter be deferred