Agenda, decisions and minutes

Members declared interests in the following agenda items:

9. Land North West of Wroxton Mill, Wroxton.

Councillor Alastair Milne Home, Declaration, as the applicant was known to him and would leave the meeting for the duration of the item.

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

There were no items of urgent business.

To confirm as a correct record the Minutes of the meeting of the Committee held on 27 November 2014

The Minutes of the meeting held on 27 November 2014 were agreed as a correct record and signed by the Chairman.

To receive communications from the Chairman.

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.

Deferred

The Committee considered application 12/01468/F for the continued use of a section of the former flying field for the provision of driving experiences.

The Development Control Team Leader advised the Committee that since production of the written update there had been considerable correspondence from local Members, local residents and the Anti-Social Behaviour Manager, the recommendation had therefore been changed to deferral to enable further noise assessment work to be undertaken.

Councillor Rose Stratford proposed that consideration of application 12/01468/F be deferred to enable further noise assessment to be undertaken. Councillor Colin Clarke seconded the proposal.

Resolved

That consideration of application 12/01468/F be deferred to enable further noise assessment to be undertaken.

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

The Committee considered application 14/00430/F, a retrospective application for the change of use of existing building to four dwellings.

Robert Froud-Williams, agent for the applicant, address the Committee in support of the application.

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

Resolved

That application 14/00430/F be approved, subject to the following conditions:

1.            That the vehicular access and 4 no. car parking spaces detailed on drawing no. 12.900/32A shall be kept free of obstructions at all times and used only for the purposes of access to and vehicle parking for the Otmoor Lodge Cottages.

2.       Notwithstanding the provisions of Classes A, B, C and E 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 dwelling shall not be further extended, nor shall any further structures be erected within the curtilage of the dwelling, without the prior express planning consent of the Local Planning Authority.

Refused, reasons to be set out in the minutes

Prior to the consideration of the application, Councillor Milne Home addressed the Committee and subsequently left the meeting for the duration of the item having declared an interest in the application.  

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

Local Ward Member, Councillor Douglas Webb addressed the Committee.

Parish Councillor Michael Robarts, Chairman of Wroxton and Balscote Parish Council addressed the Committee in support of the application.

Councillor Macnamara proposed that application 14/01491/F be approved, subject to conditions. Councillor Reynolds seconded the proposal. The motion was duly voted on and subsequently fell.

Councillor Randall proposed that the application be refused for the reasons set out in the officers’ report. Councillor Lawrie Stratford seconded the proposal.

Resolved

That application 14/01491/F be refused for the following reasons:

1.            The proposed dwelling constitutes residential development beyond the built up limits of the settlement for which no justification for essential need has been submitted. In its proposed location the dwelling would be an unsustainable form of development which would furthermore detract from the open and spacious, rural character of the area.  As such the proposal is considered to be contrary to government guidance contained within the National Planning Policy Framework and Policy H18 of the adopted Cherwell Local Plan. 

2.            The proposed dwelling, by virtue its design and siting would cause harm to visual amenity, would not be in keeping with the character of the area, and would therefore neither conserve nor enhance the rural character of the area. As such the proposal would cause harm to the character and amenity of the area which falls within a designated Area of High Landscape Value, contrary to government guidance contained within the National Planning Policy Framework and Policies C7 and C28 of the adopted Cherwell Local Plan. 

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

The Committee considered application 14/01542/F for the demolition of and existing dwelling and some outbuildings, repairs to retained outbuildings and the erection of a family dwelling and new swimming pool (the application was an alternative to the previously approved application 14/00549/F).

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

Resolved

That application 14/01542/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 development shall be carried out strictly in accordance with the following plans and documents: Application forms, Design and Access Statement ref: W1051_CF-DAS, aboricultural method statement, discharge of Condition document ref; DisCon051-WIL01, Letter ref nw/5807 dated 19 August 2014, proposed boundary treatment, drawing numbers, 051 – 002, 002 – Rev A, 004, 004 – C,303, -003 Rev A, -304, 003 – C, 003- A, 001 – Rev A (All dated April 2013)

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

4.            All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in accordance with BS 4428:1989 Code of Practice for general landscape operations (excluding hard surfaces), or the most up to date and current British Standard, in the first planting and seeding seasons following the occupation of the building(s) or on the completion of the development, whichever is the sooner. Any trees, herbaceous planting and shrubs which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the current/next planting season with others of similar size and species.

5.            All construction traffic serving the development shall enter and leave the site via the northern access only and not via the southern access onto Whichford Road.

6.            Notwithstanding 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 approved dwelling(s) shall not be extended, nor shall any structures be erected within the curtilage of the said dwelling(s), without the prior express planning consent of the Local Planning Authority.

7.            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.

8.            The development hereby permitted shall not commence until drainage plans for the disposal of surface water and foul sewage have  ...  view the full minutes text for item 140.

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

The Committee considered application 14/01598/F for the erection of new building to house an activity hall adjacent to the assault course plus 6 No. covered driving bay ranges 

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

Resolved

That application 14/01598/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: Location plan received with the application; drawing no. SK.14-652-01B received on 1 December 2014 and drawing nos. SK.14-652-02B, 03A, 04A and 05B received on 2 December 2014.

3.            Prior to the commencement of the development hereby approved, samples (including colour) of the cladding to be used on 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, samples (including colour) of the cladding to be used on the roof of the development shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the samples so approved.

5.            Prior to the commencement of the development hereby approved, 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.            A Construction Traffic Management Plan (CTMP) will be required to be submitted for approval and the approved CTMP shall be implemented prior to any works being carried out on site.

8.            That the activity building and  ...  view the full minutes text for item 141.

Refused, reasons to be set out in the minutes

The Committee considered application 14/01738/OUT, an outline application for the development of 48 houses, access, open space and landscaping.

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

Resolved

That application 14/01738/OUT be refused for the following reasons:

1.            Notwithstanding the Council’s present inability to demonstrate that it has a five 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 proposal constitutes development which fails to respect the traditional settlement pattern, and extends beyond the existing built up limits of the village into the open countryside. It would by virtue of its layout form and location, together with the significant change in levels from Station Road into the site, result in a incongruous and visually intrusive form of development which would cause demonstrable harm to the visual amenities of the immediate locality and the open countryside, in particular when viewed from Council Hill, contrary to Policies C7, C8, C27, C28 and C30 of the adopted Cherwell Local Plan and Policies ESD13 and ESD16 of the Submission Local Plan and Central Government Advice within the National planning Policy Framework. Furthermore the development proposed also runs contrary to the Hook Norton Neighbourhood Plan.

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 and Policy INF1 of the Submission Local Plan and Government guidance within the National Planning policy Framework.

3.            On the basis of the lack of information available the Local Planning Authority consider that the vehicular access to the site will require to be engineered in such a way as to be visually harmful to the appearance of the streetscene in Station Road and consequently contrary to Policies C28 and C30 of the adopted Cherwell Local Plan

Deferred at the request of the applicant, to allow for resolution of outstanding matters

The Committee considered application 14/01743/F for the demolition of an existing agricultural building and the development of 14 dwellings with highways, public open space, landscaping and infrastructure.

In introducing the report, the Development Control Team Leader advised the Committee that the applicant had requested that consideration of the application be deferred as there were three matters outstanding: 1. Response to CDC letter of 24 November requesting a number of changes awaited; 2. CDC to ask OCC to revisit the Education request following meeting last week, given the apparent complete misunderstanding by all parties; and 3. Applicant to revert on the viability implications of replacing 1 no market 4 bed detached with 2 no 2 bed market units.

Councillor Rose Stratford proposed that consideration of the application be deferred as per the applicant’s request. Councillor Clarke seconded the proposal.

Resolved

That consideration of application14/01743/F be deferred to allow for the resolution of outstanding matters.

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

The Committee considered application 14/01826/F for the demolition of existing bungalow and garage and construction of 3 No. new dwellings

Jeremy Dunn, 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 address of the public speaker.

Resolved

That application 14/01826/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 nos. 5760 – Ovr 1, 5627-01a, 5760-Ovr 2, 5760-plt 1, plt 2, and plt3

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

4.            Prior to the commencement of the development hereby approved, a brick sample panel, to demonstrate brick type, colour, texture, face bond and pointing (minimum 1m2 in size) shall be constructed on site, inspected and approved in writing by the Local Planning Authority. Thereafter, the external walls of the development shall be constructed in strict accordance with the approved brick sample panel.

5.            Prior to the commencement of the development, full details of the doors and windows hereby approved, at a scale of 1:20 including a cross section, cill, lintel and recess detail and colour/finish, shall be submitted to an approved in writing by the Local Planning Authority. Thereafter the doors and windows shall be installed within the building in accordance with the approved details.

6.            Prior to the commencement of the development hereby approved, a plan showing full details of the finished floor levels in relation to existing ground levels on the site for the proposed dwellings 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 finished floor levels plan.

7.            Prior to the occupation of the development a hedge shall be planted along the western boundary of the site the species to be used shall be agreed in writing by the Local Planning Authority and the hedge shall be retained and properly maintained at a height of not less than 1 metre, 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.

8.            Prior to the construction of the dwellings hereby approved, the proposed means of access between the land and the highway shall be constructed in accordance with  ...  view the full minutes text for item 144.

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

The Committee considered application 14/01205/HYBRID for the variation of condition 28 of the previously approved application 13/00344/HYBRD requiring level 4 of the Code for Sustainable Homes. 

Following the presentation of the Principal Planning Officer, the Committee agreed that prior to making a decision on the application they would consider the exempt appendices to the application.

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.”

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 they could involve the likely disclosure of exempt information as defined in paragraph 5 of Schedule 12A of that Act.

The Solicitor advised the Committee of a letter that had been received from the applicant’s solicitor after the publication of the written update.

The Committee considered the exempt appendices for application 14/01205/HYBRID, Springfield Farm, Ambrosden, and received legal advice pertaining to elements of the application.

To resolve to re-admit the press and public

Resolved

That the press and public be re-admitted to the meeting.

Further to the consideration of the exempt appendices and readmittance of the public and, the Committee continued consideration of application 14/01205/HYBRID for the variation of condition 28 of the previously approved application 13/00344/HYBRD requiring level 4 of the Code for Sustainable Homes.

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

Resolved

That application 14/01205/HYBRID be approved, subject to the following conditions:

a)    completion of the S106 linking agreement

b)    the following conditions:

The following conditions relate to the Full permission

1.         The development to which this permission relates shall be begun not later than 3 March 2016 being the date of the expiration of 13/00344/HYBRID.

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: PL-01 Rev B (Site location plan) received 13.05.13;

                        PL-03 Rev N (Planning Layout) received 12.12.13

                        PL-04 Rev C (Materials Layout) received 19.06.13

                        PL-05 Rev C (Areas for Adoption) received 19.06.13

                        SS-01 (Street Scenes) received with the application

                        SE-01 Rev A (Site Sections) received 06.06.13

                        EXT-01 Rev A ( External Works Finishes) received 13.05.13

                        House Type Drgs:    HT-BH303-01 Rev B

                                                            HT-BH305-01 Rev C

                                                            HT-BH401-01 Rev A

                                                            HT-BH350-01 Rev B

                                                            HT-BH350-02 Rev B

                                                            HT-BH351-01 Rev A

                                                            HT-BH405-01 Rev A

                                                            HT-BH406-01 Rev C

                                                            HT-BH412-01 Rev B

                                                            HT-BH412-02 Rev A

                                                            HT-BH421-01 Rev B

                                                            HT-BH419-01 Rev C

                                                            HT-BH419-02 Rev C

                                                            HT-BH422-01 Rev A

                                                            HT-BH422-02 Rev B

HT-BH422-03 Rev A

                                                            HT-BH423-01 Rev C

                                                            HT-BH423-02 Rev B

                                                            HT-BH423-03 Rev C

                                                            HT-BH505-01 Rev C

                                                            HT-BH506-01 Rev C

                                                            HT-BH506-02 Rev B

                                                            HT-BH506-03 Rev B

                                                            HT-2B4P(R)-01 Rev B

                                                            HT-3B5P(R)-01 Rev A

                                                            HT-3B5P(R)-02 Rev A

                                                            HT-3B6P(R)-01 Rev B       

                                                            HT-3B6P(R)-02 Rev B

                                                            HT-4B7P(R)-01 Rev B

                                                            HT-2B4P(SO)-01 Rev A

                                                            HT-3B5P(SO)-01

                                                            HT-1B-BUNG-01 Rev A

                                                            HT-1B-FLAT-01 Rev B

                                                            HT-1B-FLAT-02 Rev A

                                                            HT-GAR-01 Rev A

                                                            HT-GAR-02 Rev A

                                                            HT-GAR-03 Rev A

                                                            HT-GAR-04 Rev A

                                                            HT-GAR-05

          Or as amended by application 14/00075/NMA with regard to plots 35, 37, 38 and 40.

3.         The development shall be carried out in accordance with the details agreed under 14/00090/DISC and 14/00121/DISC unless otherwise agreed in writing by the Local Planning Authority.

4.         Unless otherwise agree under 14/00306/DISC, no dwelling shall be occupied until a drainage strategy detailing any on and/or off site drainage works, has been submitted to and approved by, the local planning authority in consultation with the sewerage undertaker.  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. 

5.         Prior to the commencement of any approved tree works, any operations that present a risk to retained trees, or any operations to facilitate specialised tree planting (eg: tree surgery, trenching operations close to the Root Protection Areas of retained trees or construction of load-bearing structured cell planting pits), the applicant shall give the Local Planning Authority seven days written notice that works are due to commence. 

6.         All agreed service trenches, pipe runs, drains or any other  ...  view the full minutes text for item 149.

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

The Committee considered application 14/01742/F for the demolition of the existing building and development of 27 units.

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

Resolved

That application 14/01742/F be approved subject to

a)        Completion of the S106 linking agreement which will ensure that the contributions agreed under 13/00344/HYBRID will continue to apply to this planning permission and include the additional contributions sought.

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 conditions attached to this permission, the development shall be carried out strictly in accordance with the following plans and documents: Design and Access Statement Addendum October 2014, Transport Assessment by Clarkebond dated September 2014 and drawing numbers PL-01.2, HT-GAR-01 Rev B, HT-GAR-03 Rev B,  HT-GAR-06 and HT-GAR-07 received with the application, drawing numbers PL-03.2 Rev A, PL-04.2 Rev A,  PL-05.2 Rev A, SS-01.2 Rev A, SE-01.2 Rev A, HT-BH356-01 Rev A, HT-BH356-02 Rev A, HT-BH401-01 Rev C, HT-BH414-01 Rev A, HT-BH419-01 Rev E, HT-BH419-02 Rev E, HT-BH420-01 Rev A, HT-BH454-03 Rev A, HT-BH454-04 Rev A, HT-2B4P-01 Rev C, HT-3B5P-01 Rev A, HT-1B-BUNG-01 Rev C and HT-3B5PLTH-01 Rev C received on 4 December 2014 and EXT-01 Rev C  received on 5 December 2014.

3.         The development shall be carried out in accordance with the details agreed under 14/00090/DISC and 14/00121/DISC unless otherwise agreed in writing by the Local Planning Authority.

4.         Unless otherwise agree under 14/00306/DISC, no dwelling shall be occupied until a drainage strategy detailing any on and/or off site drainage works, has been submitted to and approved by, the local planning authority in consultation with the sewerage undertaker.  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. 

5.         Prior to the commencement of any approved tree works, any operations that present a risk to retained trees, or any operations to facilitate specialised tree planting (eg: tree surgery, trenching operations close to the Root Protection Areas of retained trees or construction of load-bearing structured cell planting pits), the applicant shall give the Local Planning Authority seven days written notice that works are due to commence. 

6.         All agreed service trenches, pipe runs, drains or any other excavation to be constructed within the agreed Root Protection Area (RPA) of the tree/trees on the site shall be undertaken in accordance with National Joint Utility Group 'Guidelines for the Planning, Installation and Maintenance of Utility apparatus in Proximity to Trees - Volume 4 and all subsequent revisions and amendments thereof.

7.         No removal of hedgerows, trees or shrubs nor works to, or demolition of buildings or structures that may be used by breeding birds, shall take place between 1 March and 31 August inclusive, unless the Local Planning Authority has confirmed in writing that such works can  ...  view the full minutes text for item 150.

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.

Resolved

(1)          That the position statement be accepted.

The Head of Development Management submitted a report which informed Members upon applications which they had authorised decisions upon subject to various requirements which must be complied with prior to the issue of decisions.

Resolved

(1)          That the position statement be accepted.

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.

Resolved

(1)          That the position statement be accepted.

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)          That the position statement be accepted.