Agenda, decisions and minutes


Planning Committee - Thursday 1 October 2015 2.00 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

90.

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:

9. Land South of and Adjoining Bicester Services, Oxford Road, Bicester.

Councillor Lawrie Stratford, Non Statutory Interest, as a member of Bicester Town Council, which had been consulted on the application.

 

Councillor Lynn Pratt, Non Statutory Interest, as a member of Bicester Town Council, which had been consulted on the application.

 

Councillor Richard Mould, Non Statutory Interest, as a member of Bicester Town Council, which had been consulted on the application.

 

Councillor Rose Stratford, Non Statutory Interest, as a member of Bicester Town Council, which had been consulted on the application.

 

11. Hill Farm, Hill Farm Lane, Duns Tew, Bicester.

Councillor Lawrie Stratford, Non Statutory Interest, as a member of Bicester Town Council, which had been consulted on the application.

 

Councillor Lynn Pratt, Non Statutory Interest, as a member of Bicester Town Council, which had been consulted on the application.

 

Councillor Richard Mould, Non Statutory Interest, as a member of Bicester Town Council, which had been consulted on the application.

 

Councillor Rose Stratford, Non Statutory Interest, as a member of Bicester Town Council, which had been consulted on the application.

 

12. Oxford and Cherwell College, Broughton Road , Banbury.

Councillor Alastair Milne Home, 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.

 

14. Bicester Village Rail Land Car Park, Land South of Station Approach, West of Bicester Village, Pingle Drive, Bicester.

Councillor Lawrie Stratford, Non Statutory Interest, as a member of Bicester Town Council, which had been consulted on the application.

 

Councillor Lynn Pratt, Non Statutory Interest, as a member of Bicester Town Council, which had been consulted on the application.

 

Councillor Richard Mould, Non Statutory Interest, as a member of Bicester Town Council, which had been consulted on the application.

 

Councillor Rose Stratford, Non Statutory Interest, as a member of Bicester Town Council, which had been consulted on the application.

91.

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.

 

92.

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.

93.

Minutes pdf icon PDF 401 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 3 September 2015 were agreed as a correct record and signed by the Chairman.

94.

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.

 

14/01979/F

95.

Moorlands Farm, Murcott, Kidlington, OX5 2RE pdf icon PDF 145 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 14/01979/F for the change of use of existing agricultural barn to equine and lean-to extension to include 10 stables, store room and tack room and change of use of land to equine at Moorlands Farm, Murcott, Kidlington, OX5 2RE for Mr B Franklin.

 

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

 

Resolved

 

That application 14/01979/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, Report dated November 2014, Flood Risk Assessment and drawings numbered:

·         200-01 Revision B

·         200-02

·         200-03

 

3.        The development hereby approved shall proceed in accordance with the Flood Risk Assessment received on the 26th November 2014 accompanying the application unless otherwise previously approved in writing by the Local Planning Authority.

 

Before development commences

4.            Prior to the commencement of any works on the extension hereby approved, details of the flood resilient construction method/s to be used in the construction of the extension 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 details.

 

5.            Prior to the commencement of any works on the extension 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.

 

Before first use of the development

6.            Prior to the first use of the development hereby approved, full specification details (including construction, layout, surface finish and drainage) of the turning area which shall be provided within the curtilage of the site so that motor vehicles and horse boxes may enter, turn around and leave in a forward direction, shall be submitted to and approved in writing by the Local Planning Authority.  Thereafter and prior to the first occupation of the development, the turning area shall be constructed in accordance with the approved details and shall be retained for the manoeuvring of motor vehicles at all times thereafter.

 

7.            Prior to the first use of the development hereby approved, a plan showing car, van and trailer parking provision for 10 spaces to be accommodated within the site to include layout, surface details, and drainage, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the development, the parking spaces shall be laid out, surfaced, drained and completed in accordance with the approved details and shall be retained for the parking of vehicles at all times thereafter.

 

8.            Prior to the development hereby approved being brought into use a scheme for  ...  view the full minutes text for item 95.

14/02004/OUT

96.

Land South Of Perdiswell Farm, Shipton Road, Shipton On Cherwell pdf icon PDF 239 KB

Additional documents:

Decision:

Refused, reasons to be set out in the minutes.

Minutes:

The Committee considered application 14/02004/OUT an outline planning application (all matters reserved except for means of access) for a mixed use development comprising: up to 1,200 dwellings, including affordable housing and up to 120 unit care village (C2) with associated publically accessible ancillary facilities; site for a new primary school; up to 930sqm of retail space; up to 13,800sqm of locally led employment (B1/B2/B8) including transport interchange; site for a Football Association step 5 football facility with publically accessible ancillary facilities; public open space; associated infrastructure, engineering and ancillary works at Land South Of Perdiswell Farm, Shipton Road, Shipton On Cherwell for The Vanbrugh Trust and Pye Homes Ltd.

 

Councillor Simon Holland, addressed the meeting as a local Ward Member.

 

Huw Mellor, on behalf of Woodstock Town Council addressed the meeting in objection to the application.

 

Nigel McGurk and John Hoye of Blenheim Palace Estate addressed the meeting in support to the application.

 

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

 

Resolved

 

That application 14/02004/OUT be refused for the following reasons:

 

1.            The proposed development would result in unnecessary and undesirable new housing development in open countryside in that the  application site is not allocated for development in either the adopted Cherwell Local Plan 2011-2031, the West Oxfordshire Local Plan 2011, or the Submission West Oxfordshire Local Plan  2031 . Cherwell District Council is able to demonstrate that it has a 5 year supply of deliverable housing land  and the development of land at Woodstock does not accord with the Council’s development strategy of focussing development at Banbury and Bicester and allowing only limited development in rural areas, and therefore the proposal is contrary to Policies BSC 1 AND Policy Villages 1 of the Cherwell Local Plan 2011-2031 and to Policy H18 of the saved policies of the Cherwell Local Plan (1996)

 

2.            This substantial development proposal would result in a significant loss of open countryside and have a substantial and adverse impact upon the character and appearance of that countryside and therefore be contrary to Policy ESD13 of the Cherwell Local Plan 2011-2031.

 

3.            It has not been demonstrated that the development, by reason of its siting, size, and height of buildings, will not have a significant and adverse detrimental impact upon the Blenheim Palace and Park World Heritage Site , the Grade 1 listed building, and the Listed Garden, or the Blenheim Villa Scheduled Ancient Monument, which would impact upon the setting of these assets and visitors experience of the WHS and other heritage assets both on their approach to it from the south along the A44, and whilst within the park,  and would therefore be contrary to Policy ESD16 of the Cherwell Local Plan 2011-2031. It is considered that the evidence to support the applicants case for securing the future of the World Heritage site is not sufficient to outweigh this concern

 

4.            The proposed development would be poorly connected to the  ...  view the full minutes text for item 96.

15/00250/OUT

97.

Land South of and Adjoining Bicester Services, Oxford Road, Bicester pdf icon PDF 199 KB

Additional documents:

Decision:

Refused, reasons to be set out in the minutes.

Minutes:

The Committee considered application 15/00250/OUT, an outline application for 3 No Class A1 (retail); 3 No Class A3 (café and restaurants); 1 No Class D2 (gym); surface level car park, servicing and associated works Land South of and Adjoining Bicester Services, Oxford Road, Bicester for CPG Development Projects Ltd

 

Richard Mallows, on behalf of Bicester Traffic Action Group and John Liggins, on behalf of Bicester Vision, addressed the meeting in objection to the application.

 

Arfon Hughes, agent for the applicant and David Waters, on behalf of the Kingsmere Residents Association, addressed the meeting in support to the application.

 

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

 

Resolved

 

That application 15/00250/OUT be refused for the following reasons:

 

1.            The development proposed will have a significant adverse impact upon the vitality and viability of Bicester Town Centre, contrary to Policies SLE2 and Bicester 5 of the adopted Cherwell Local Plan 2011-2013 and Paragraphs 26 and 27 of the National Planning Policy Framework.

 

2.            It has not been demonstrated to the satisfaction of the Local Planning Authority that the impact of the traffic generated by the proposed development would not be detrimental in terms of traffic congestion on the surrounding network, contrary to government advice contained in the National Planning Policy Framework and contrary to Policy SLE4 of the Cherwell Local Plan 2011-2031.

 

3.            In the absence of a satisfactory planning obligation, the Local Planning authority is not convinced that the necessary infrastructure directly required as a result of this scheme will be delivered. This would be contrary to Policy INF1 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.

 

4.            The development proposed, by virtue of its form, scale and height, together with limited landscaping provision, would be out of scale and character with the adjacent residential development and detrimental to the visual amenities of the street scene, and of the area; and would result in a poor relationship with the adjacent residential development, contrary to saved Policy C28 of the adopted Cherwell Local Plan 1996 and Policy ESD15 of the adopted  Cherwell  Local  Plan 2011-2031  and  Government  advice  within  the  National Planning Policy Framework.

15/00480/REM

98.

Ambrosden Court, Merton Road, Ambrosden pdf icon PDF 154 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 15/00480/REM for reserved matters to the previously approved application 13/00621/OUT - Appearance, landscaping, layout and scale for 45 dwellings - (Amended Plans - Amended design and layout of buildings and road layout, together with alterations to landscaping and site enclosures) at Ambrosden Court, Merton Road, Ambrosden for Croudace Homes.

 

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

 

Resolved

 

That application 15/00480/REM be approved, subject to the following conditions:

 

1          Except where otherwise stipulated by condition, for the purposes of the layout, scale, external appearance and landscaping of the approved development, the development shall be carried out strictly in accordance with the following plans and drawings in addition to those approved with respect to matters of access as part of the original outline consent:

            Site Layout: DES/023/100G

            Storey Heights Layout: DES/023/102F

            Materials Layout: DES/023/101G

            Affordable Housing Layout: DES/023/105F

            Enclosure Layout: DES/023/103F

            Lighting Strategy: DES/023/107F

            Refuse and Cycle Storage Layout: DES/023/106F

            Parking Strategy Layout: DES/023/104F

            Drainage Strategy: DES/023/108F

            Plots 1-3: DES/023/200 E

            Plots 4-6: DES/023/201 A

            Plot 7: DES/023/202 B

            Plots 8 _ 9: DES/023/203 B

            Plots 10 _ 17: DES/023/204 B

            Plot 11: DES/023/205 B

            Plot 12: DES/023/206 B

            Plot 13: DES/023/207 B

            Plots 14 _ 19: DES/023/208 B

            Plots 15 _ 16: DES/023/209 C

            Plots 18 _ 31: DES/023/211 A

            Plots 24 _ 25: DES/023/212

            Plots 26-30: DES/023/213 B

            Plots 32: DES/023/219 B

            Plots 33-36: DES/023/214 E

            Plots 37-39: DES/023/216 B

            Plot 40: DES/023/216 B

            Plots 41 _ 42: DES/023/217 A

            Plots 43-45: DES/023/218 E

            Garages 1: DES/023/220 A

            Garages 2: DES/023/221 A

            Garages 3: DES/023/222 A

            Car Ports: DES/023/223 C

            Street Scenes Sheet 1: DES/023/300 E

            Street Scenes Sheet 2: DES/023/301 D

 

 2         Prior to the commencement of any works of construction as part of the development hereby approved, a stone sample panel (minimum 1m2 in size) of natural rubble stone shall be constructed on site and then inspected and approved in writing by the Local Planning Authority. Thereafter, the external walls of the buildings shown to be constructed in stone on the approved materials layout plan (ref: DES/023/101 G) shall be laid, dressed, coursed and pointed in strict accordance with the approved stone sample panel.

           

 3         Prior to the commencement of any works of construction in connection with the carrying out of the development hereby approved, samples of the brick types to be used in the construction of the external walls of the development as well as samples of all types of external roof coverings to be used 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 samples so as to accord with the specifications set out in the approved Materials Plan (ref: DES/023/101 G).

           

 4         Prior to the construction of any building above slab level, full details of the proposed doors and windows to be used at 1:20 scale including a cross section, cill, lintel and recess detail and colour/finish,  ...  view the full minutes text for item 98.

15/00570/F

99.

Hill Farm, Hill Farm Lane, Duns Tew, Bicester pdf icon PDF 233 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 15/00570/F for the erection of 5MW PV Solar Farm and associated infrastructure at Hill Farm, Hill Farm Lane, Duns Tew, Bicester for Earthworm Energy Ltd

 

Christopher Hall and Christian Smith, local residents, addressed the meeting in support to the application.

 

Councillor Macnamara proposed that application 15/00570/F be approved, subject to conditions with authority delegated to officers to agree the exact wording. Councillor Kerford-Byrnes seconded the proposal.

 

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

 

Resolved

 

That application 15/00570/F be approved subject to

 

 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 together with the following plans and drawings:

                       

            GPP/EW/DT/10/02 Rev. 4

            P111-35 Rev. Draft 4

            1589-DD-003A

           

 3         This permission shall expire no later than 25 years from the date when electricity is first exported from any part of the hereby approved development 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 in writing by the Local Planning Authority. The approved scheme shall be fully implemented within 12 months of the expiry of this permission

 

 5         No artificial lighting shall be used as part of the development (either during construction or once operational), and the CCTV system to be used shall only be in accordance with the appearance of the development as shown in the approved plans listed under condition 2.

 

 6         Prior to the commencement of the development hereby approved, including any demolition and any works of site clearance, an update survey for badgers (no older than six months old), with, if required, the details of any mitigation, development licence and location and timing of the provision of any protective fencing around setts/commuting routes 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 details.

           

 7         No removal of hedgerows, trees or shrubs shall take place between the 1st March and 31st August inclusive, unless the Local Planning Authority has confirmed in writing that such works can proceed, based on health and safety reasons in the case of a dangerous tree, or the submission of a recent survey (no older than one month) that has been undertaken by a competent ecologist to assess the nesting bird activity on site, together with details of measures to protect the nesting bird interest on the site.

 

 8         The development hereby approved shall be carried out strictly in accordance with the details  ...  view the full minutes text for item 99.

15/01024/F

100.

Oxford and Cherwell College, Broughton Road , Banbury pdf icon PDF 197 KB

Additional documents:

Decision:

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

Minutes:

The committee considered application 15/01024/F for the demolition of existing buildings and change of use from D1 non-residential to C3 dwelling houses comprising 78 1-bedroom and 2-bedroom  extra care residential apartments with associated ancillary accommodation and 39 car parking spaces at Oxford and Cherwell College, Broughton Road, Banbury for Bromford Homes Ownership Ltd. And Activate Learning.

 

Consideration of the application had been deferred at the previous meeting of the Committee to allow for a formal site visit.

 

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

 

Resolved

 

That application 15/01024/F be approved subject to:

 

(i)               The applicants first entering into a legal agreement to secure off-site infrastructure (if confirmed acceptable) and to secure affordable housing and nomination rights.

 

(ii)             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 and drawings contained in drawing issue sheet 1413 dated …..and other documents set out in Walker Troup Architects letter dated 3.6.15

 

3.               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.

 

4.               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 and 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.

 

5.               Prior to the commencement of the development hereby approved, full details of the external lighting 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.

 

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 buildings 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 commencement of the development hereby approved, all of the buildings and structures on the site at the date of this permission shall be demolished and the debris and materials removed from the site

 

8.               Prior to the commencement of the development full details of the enclosures along all boundaries of the site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved means of enclosure  ...  view the full minutes text for item 100.

15/01128/OUT

101.

OS Parcel 1424 Adjoining And Rear Of Jersey Cottage, Heyford Road, Kirtlington pdf icon PDF 156 KB

Additional documents:

Decision:

Application withdrawn by the applicant

Minutes:

The Chairman advised the Committee that application 15/01128/OUT had been withdrawn by the applicant and would therefore not be considered at the meeting.

15/01169/F

102.

Bicester Village Rail Land Car Park, Land South of Station Approach, West of Bicester Village, Pingle Drive, Bicester pdf icon PDF 173 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 15/01169/F for alterations to the down ramp area of the existing car park deck, landscaping and the extension of and changes to the external appearance of the reception accommodation for visitors to Bicester Village (Amendments to previously approved 13/01934/F) at Bicester Village Rail Land Car Park, Land South of Station Approach, West of Bicester Village, Pingle Drive, Bicester for Bicester Nominees Ltd and Bicester II Nominees Ltd.

 

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

 

Resolved

 

That application 15/01169/F be approved subject to

 

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 in accordance with the following plans and documents: Application forms, Design and Access Statement dated June 2015; External lighting design planning statement dated December 2013; surface water drainage strategy dated December 2013; Drawing numbers 08048 P-540 Rev B; P-523; P-522; P-521; P-525; P-524; P-526; P-533; P-534; P-531; P-532; P-536; P-537; P-535; P-530; P-528; P-529; P-527; P-538 and P-539.

 

3.            Within one month of the date of this permission, a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include details of the proposed tree and shrub planting including their species, number, sizes and positions, together with any grass seeded/turfed areas.

 

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 car park being first brought into use, or on 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.            Within one month of the date of this permission, a car park management plan shall be submitted to and approved in writing by the Local Planning Authority. The car parking shall thereafter be carried out in accordance with the approved management plan.

 

6.            Within one month of the date of this permission a full drainage scheme for the development shall be submitted to and approved in writing  by the Local Planning Authority (in consultation with Oxfordshire County Council’s Drainage Team).The approved drainage scheme shall be implemented within three months of approval and shall be maintained as such thereafter.

103.

Decisions Subject to Various Requirements pdf icon PDF 207 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 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.

 

104.

Appeals Progress Report pdf icon PDF 313 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)          That the position statement be accepted.