Agenda, decisions and minutes


Planning Committee - Thursday 27 November 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

117.

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:

10. Banbury AAT Academy (formerly Banbury School), Ruskin 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 member of Banbury Town Council and as the Chairman of the Friends Group of Banbury Health and Wellbeing group at Standbridge House..

 

Councillor Michael Gibbard, Non Statutory Interest, as the written update contained reference of his support to the proposed development, therefore he would not take part in the debate..

 

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

 

11. Land North West of Wroxton Mill, Wroxton.

Councillor Alastair Milne Home, Declaration, as the applicant was known to him and would not take part in the debate..

 

Councillor James Macnamara, Non Statutory Interest, as Executive member of North Oxfordshire Conservative Association, and Declaration as the applicant was known to him

 

Councillor Ken Atack, Declaration, as the applicant was known to him and would abstain from the vote..

 

12. Kannegiesser UK, Beaumont 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, and a Declaration as the applicant was known to him and he would leave the meeting for the duration of the item..

 

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

118.

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.

 

119.

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 were no items of urgent business.

120.

Minutes pdf icon PDF 99 KB

To confirm as a correct record the Minutes of the meeting of the Committee held on

Additional documents:

Minutes:

The Minutes of the meeting held on 30 October 2014 were agreed as a correct record and signed by the Chairman.

121.

Chairman's Announcements

To receive communications from the Chairman.

 

Additional documents:

Minutes:

The Chairman made the following announcement:

 

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.

 

14/00962/OUT

122.

OS Parcel 4300 North of Shortlands and South of High Rock, Hook Norton Road, Sibford Ferris pdf icon PDF 158 KB

Additional documents:

Decision:

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

 

Minutes:

The Committee considered application 14/00962/OUT for the erection of six affordable local needs dwellings and two market sale dwellings with associated car parking and access road including the provision of open space and allotments.

 

Helen Pearce, a neighbour, addressed the committee in objection to the application.

 

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

 

Resolved

 

That application 14/00962/OUT be approved, subject to:

 

a)        The applicants entering into an appropriate legal agreement to secure the provision of the affordable housing.

 

b)        the following conditions:

 

1.         No development shall commence 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 approval shall be made not later than the expiration of three years beginning with the date of this permission.

 

3.         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.

 

4.         Notwithstanding the submitted site plan, the area of development shall be constrained to within the red line area shown on the indicative site layout plan unless otherwise agreed in writing by the Local Planning Authority. 

 

5.         Prior to the commencement of development full specification details of a new footway to link with the existing footway network shall be submitted and agreed in writing by the Local Planning Authority.  Prior to the first occupation of the dwellings, the footway shall be formed, constructed, surfaced, laid and marked out, drained and completed in accordance with approved details. 

 

6.         Except to allow for the means of access and vision splays the existing hedgerow along the east boundary of the site shall be retained and properly maintained at a height of not less than 2 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.         Prior to the commencement of the development hereby permitted a desk study and site walk over to identify all potential contaminative uses on site, and to inform the conceptual site model shall be carried out by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11’ and shall be submitted to and approved in writing by the Local Planning Authority. No development shall take place until the Local Planning Authority has given its written approval that it is satisfied that no potential risk from contamination has been identified.

 

8.         If a potential risk from contamination is identified as a result of the work carried out under condition 7, prior to the commencement of the development hereby permitted, a comprehensive intrusive  ...  view the full minutes text for item 122.

14/01141/REM

123.

Land North of Station Road, Bletchingdon 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 14/01141/REM for 40 market and 18 affordable dwellings, shop, new accesses and ancillary development.

 

Tony Saunders, Chairman of Bletchingdon Parish Council, addressed the committee in support to the application.

 

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

 

Resolved

 

That application 14/01141/REM be approved, subject to:

 

 

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

 

      b)  the following conditions:

 

1          Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the approved plans: 13/ESA/1022/L005 Rev C; X-212655/200 P2; X-212655/201 P2; X-212655/202 P2; X-212655/203 P2; P01 Rev H; P10 Rev J; P11 Rev H; P10 Rev J; P12 Rev J; P20 Rev J; P30 Rev J; P31 Rev J; P40 Rev J; P50 Rev H; P60 Rev J; P70 Rev H; and P90 Rev J.

           

 2         Prior to the commencement of the development hereby approved, a schedule of materials and finishes for the external walls and roof(s) of the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved schedule.

                       

 3         The walls of the dwellinghouses shall be constructed in natural limestone which shall be laid, dressed, coursed and pointed in accordance with a sample panel (minimum 1m2 in size) which shall be constructed on site to be inspected and approved in writing by the Local Planning Authority prior to the construction of the development hereby permitted.

 

 4         Details and samples of the roofing material shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.  The development shall be carried out in accordance with the samples so approved.

 

 5         The windows and external doors 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.

           

 6         That full details of the enclosures along all boundaries and within the site shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development, and such means of enclosure, in respect of those dwellings which it is intended shall be screened, shall be erected prior to the first occupation of those dwellings.

           

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

           

 8         Prior to the commencement of the development hereby approved, full details of the access vision splays, including layout and construction  ...  view the full minutes text for item 123.

14/01379/F

124.

Green Interiors, The Straw Barn, Station Road, Cropredy pdf icon PDF 146 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 14/01379/F for a change of use from horticulture to B1 business, small changes to front and rear entrance of building to add glazed doors and fire escapes and addition of car parking and landscaping around building.

 

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

 

Resolved

 

That application 14/01379/F be approved, subject to:

 

a)     The end of the consultation period (4 December 2014) and further comments being taken into consideration;

 

b)     the following conditions and any others that officers may be deemed appropriate (following the result of the highway consultation) in consultation with the Chairman;

 

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, Business Case and drawings numbered: GI01/2014 received 11 November 2014, LAND01/2014, Landscaping 02.2014, 01.2014 dated 12 August 2014.  

 

3.                  Prior to the commencement of the development hereby approved, full details of the external lighting including its luminance and hours of illumination shall be submitted to and approved in writing by the Local planning Authority. Thereafter, the lighting shall be carried out and retained in accordance with the approved details. 

 

4.                  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 use of the development for the purposes of B1, 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. 

 

5.                  (a) There shall be no deliveries to, or collections from the premises between 8am and 9:30am or 2.30pm and 4pm on weekdays.

 

(b) Consultation response from Oxfordshire County Council Highways.

6.                  That the development hereby permitted shall be used solely for the purposes set out in the documents and plans accompanying the application, and shall not be used for retail or any other purpose. 

 

14/01482/OUT

125.

Banbury AAT Academy (formerly Banbury School), Ruskin Road, Banbury pdf icon PDF 238 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 14/01482/OUT for the variation of conditions 1, 6, 9, 10, 11, 12, 13, 14, 18, 20, 21, 24, 31, 32, 33, 36, 28, 29, 40, 42, 43, 44 and 46 of 13/00265/OUT – Vary wording of conditions to allow development to come forward in phases. 

 

Rob Totterdell PhD, local resident representing the residents of Stanbridge House, Ruskin Road, Banbury addressed the committee in objection to the application.

 

Louise Steele, the agent, addressed the committee in support to the application.

 

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

 

Resolved

 

That application 14/01482/OUT be approved, subject to:

 

Approval, subject to:

 

a)      The applicants entering into an appropriate legal agreement to link the application with the previously agreed Section 106 agreement.

 

b)      the following conditions:

 

1.                No development shall commence on the sports facilities phase or the residential phase of the development hereby approved until, full details of the layout, scale, appearance, and landscaping (hereafter referred to as reserved matters) for that phase have been submitted and approved in writing by the Local Planning Authority.  Thereafter each phase of the development shall be carried out in accordance with the approved reserved matters application relating to it.

 

2.                 In the case of the reserved matters, application for approval shall be made not later than 24 April 2017.

 

3.                  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.

 

4.                  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: PJF/omjt/SCH01/PF/8750.01 Rev B. 

 

5.                  That the residential phase shall be developed with a mix of housing types/sizes in accordance with housing mix set out in Policy BSC4 of the Cherwell Local Plan - Proposed Submission Draft (May 2012).

6.                  That no development shall commence on the residential phase of the development hereby approved until, there has been submitted to and  approved in writing by the Local Planning Authority a scheme for landscaping the residential phase of 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.

 

7.                  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  ...  view the full minutes text for item 125.

14/01491/F

126.

Land North West of Wroxton Mill, Wroxton pdf icon PDF 152 KB

Additional documents:

Decision:

Deferred for a fomal site visit

Minutes:

The Committee considered application 14/01491/F for a proposed new dwelling.

 

Councillor Macnamara proposed that consideration of the application be deferred for a formal site visit. Councillor Blackwell seconded the proposal.

 

Resolved

 

That application 14/01491/F be deferred for a formal site visit.

14/01836/F

127.

Kannegiesser UK, Beaumont Road, Banbury pdf icon PDF 252 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 14/01836/F for the construction of loading canopy.

 

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

 

Resolved

 

That application 14/01836/F be approved, subject to:

 

a)    The expiry of the public consultation period provided no adverse comments are received. 

 

b)  the following conditions:

 

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

 

2.    Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following plans and documents: Application forms and drawings number 1190-KTS-03. 

 

128.

Decisions Subject to Various Requirements pdf icon PDF 35 KB

Report of Head of Development Management

 

Summary

 

This report aims to keep members informed upon applications which they have authorised decisions upon subject 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:

 

1.1         To accept the position statement.

 

Additional documents:

Decision:

Resolved

 

(1)          That the position statement be accepted.

 

Minutes:

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

 

1.1       That the position statement be accepted

 

129.

Appeals Progress Report pdf icon PDF 35 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:

 

1.1         To accept the position statement.

 

Additional documents:

Decision:

Resolved

 

(1)          That the position statement be accepted.

 

Minutes:

The Head of Development Management submitted a report which informed Members on applications which had been determined by the Council, where new appeals have been lodged, public Inquiries/hearings scheduled or appeal results achieved.

 

Resolved

 

1.1    That the position statement be accepted.

 

130.

Exclusion of Public and Press

The following report contains 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 item has been marked as exempt, it is for the meeting to decide whether or not to consider it 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 item 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 item of business, on the grounds that it could involve the likely disclosure of exempt information as defined in paragraph 5 of Schedule 12A of that Act.

 

131.

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

Exempt Report of Head of Development Management and Head of Law and Governance

Decision:

Recommendations agreed as set out in the report

Minutes:

The Head of Development Management and Head of Development Management and Head of Law and Governance submitted an exempt report which advised Members on whether reasons for refusal 2 and 3 of application 13/01802/F are well founded such that they can reasonably be defended at the forthcoming public inquiry. 

 

Resolved

 

1.1        As set out in the exempt minutes.