Agenda, decisions and minutes

7. OS Parcel 4200 Adjoining And North East Of A4095 And Adjoining And South West Of Howes Lane, Bicester.

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

Councillor Les Sibley, Declaration, as he had already spoken on the application as a public speaker when the application was previously taken at committee and therefore would leave the chamber for the duration of the debate and the vote.

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.

9. Cherwell District Council, Former Offices, Old Place Yard, Bicester.

Councillor Colin Clarke, Declaration, as a member of the Executive and would the Chamber for the duration of the item.

Councillor D M Pickford, Declaration, as a member of the Executive and would leave the Chamber for the duration of the item.

Councillor G A Reynolds, Declaration, as a member of the Executive and would the Chamber for the duration of the item.

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

Councillor Lynn Pratt, Declaration, as a member of the Executive and would stay in the chamber for the duration of the item but would not take part in the debate or vote.

Councillor Nicholas Turner, Declaration, as a member of the Executive and would the Chamber for the duration of the item.

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

Councillor Surinder Dhesi, Declaration, as a member of the Standbridge Friends Group and would leave the Chamber for the duration of the item.

10. Banbury Academy, Ruskin Road, Banbury, OX16 9HY.

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 Colin Clarke, Declaration, as a member of Banbury Town Council and has been Chairman of the Standbridge House Friends Group and a number of residents are known to him and therefore would leave the chamber for the duration of the item.

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

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

Councillor Nigel Randall, Declaration, as a member of the Build Board and would leave the chamber for the duration of the item.

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

11. Thames Valley Police HQ. Oxford Road, Kidlington.

Councillor Nigel Simpson, Non Statutory Interest, as a member of  ...  view the full minutes text for item 17.

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 19 May 2016.

The Minutes of the meeting held on 19 May 2016 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.

Refused reasons to be set out in the minutes.

The committee considered application 14/01675/OUT, an outline application for the erection of up to 53,000 sqm of floor space to be for B8 and B2 with ancillary B1 (use classes) employment provision within two employment zones covering an area of 9.45ha;  parking and service areas to serve the employment zones; a new access off the Middleton Stoney Road (B4030); temporary access of Howes Lane pending the delivery of the realigned Howes Lane; 4.5ha of residential land; internal roads, paths and cycleways; landscaping including strategic green infrastructure (G1); provision of sustainable urban systems (suds) incorporating landscaped areas with balancing ponds and swales and associated utilities and infrastructure, at OS Parcel 4200 adjoining and north east of A4095 and adjoining and south west of Howes Lane, Bicester for Albion Land Ltd.

Councillor Les Sibley (as a member of the public as the application fell outside of the boundary of the ward he represented) and Catherine Fulljames addressed the committee in objection to the application.

Peter Frampton, agent for the applicant, addressed the committee in support to the application.

Councillor Pratt proposed that application 14/01675/OUT be refused. Councillor Mould seconded the proposal.

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

Resolved

That application 14/01675/OUT be refused for the following reasons:

1.               The proposed employment uses, at 70% B8 and 30% B2 floor space, does not comply with Policy Bicester 1 of the Adopted Cherwell Local Plan 2011-2031 which states that the use classes sought across the North West Bicester site will be B1 with limited B2 and B8 uses. The proposed employment uses are not predominantly B1 and would provide lower employment levels than employment predominantly within Use Class B1. Additionally, the resulting scale, height and appearance of development from such a use class split, as established by the parameter plans submitted with the application, would be unacceptable in terms of the impact of the proposal upon the landscape, the visual amenities of the area and the amenity of neighbouring properties by virtue of being obtrusive and out of keeping with the predominantly residential character of the existing town and the development planned by the Masterplan for North West Bicester. The proposal is therefore not considered to be sustainable development and is contrary to Policies Bicester 1, SLE 1, ESD13 and ESD15 of the Cherwell Local Plan 2011-2031, Policies C28 and C30 of the Cherwell Local Plan 1996, the National Planning Policy Framework and the North West Bicester Supplementary Planning Document.

2.               By reason of a lack of a satisfactory completed S106 legal agreement to ensure that the development adequately mitigates its impact on community infrastructure, site wide infrastructure and secures the provision of affordable housing, the local planning authority cannot be satisfied that the impacts of the development in this respect can be made acceptable. In addition, the application provides insufficient information in respect of the detail relating to the Howes Lane temporary access, the provision of Green Infrastructure, the  ...  view the full minutes text for item 22.

Application withdrawn by the applicant

The Chairman advised the Committee that application 14/01685/F had been withdrawn from the planning process by the applicant.

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

The committee considered application 16/00043/F for 11 self-contained flats for adults with physical disabilities, learning disabilities and autistic spectrum condition, the units to be single storey with shared landscaped gardens and associated parking areas and staff accommodation and communal areas to be included at Cherwell District Council, Former Offices, Old Place Yard, Bicester for Cherwell District Council.

Bob Hessian, on behalf of Bicester Local History Society and others, addressed the committee in objection to the application.

Councillor John Donaldson (as a member of the public as the application fell outside of the boundary of the ward he represented), addressed the committee in support of the application.

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

Resolved

That item 16/00043/F be approved subject to the re-consultation on the amended plans and additional documents raising no new material planning issues, and 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, Tree Survey Report, Flood Risk Assessment, Ecological Appraisal and drawings numbered: Proposed site plan S2-P15, Building A Site Plan S2-P14, Building A Ground Floor Plan S2-P15, Building A Elevations (1 of 2) S2-P13, Building A Elevations (2 of 2) S2-P04, Building A Roof Plan S2-P06, Building A Site Section S2-P02, Existing Site Plan Building B S2-P01, Site Plan Building B S2-P13, Building B Ground Floor Plan S2-P11, Building B Elevations (1 of 2) S2-P11, Building B Elevations (2 of 2) S2-P11, Roof Plan Building B S2-P08, Site Sections Building B S2-P03, Building B proposed alternative Foundation Layout, Building B proposed alternative Foundation Sections, Proposed Alternative Building B Foul Water Drainage Layout, and Proposed Alternative Building B Surface Water Drainage Layout.

3.            The development permitted by this planning permission shall only be carried out in    accordance with the approved FRA by Moson Engineering and the following mitigation measures detailed within the FRA:

• Finished floor levels of Building B will be set no lower than 69.05m above Ordnance Datum (AOD).

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

SITE A ONLY (as shown on Drawing No: Site Plan Building A S2-P14)

4.               Prior to any demolition and the commencement of the development on Site A, a professional archaeological organisation acceptable to the Local Planning Authority shall prepare an Archaeological Written Scheme of Investigation, relating to the application site area, which shall be submitted to and approved in writing by the Local Planning Authority.

5.               Following the approval of the Written Scheme of Investigation referred to in condition 4, and  ...  view the full minutes text for item 24.

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

The Committee considered application 16/00363/F for the provision of an all-weather astro turf pitch and lighting, and alteration of the existing sports hall and changing facilities including the provision of an external climbing wall at Banbury Academy, Ruskin Road, Banbury, OX16 9HY for Mr M Gough.

Edna Sparkes and Margaret Williams, local residents, addressed the committee in objection to the application.

Louise Steele, agent for the application, addressed the committee in support of the application.

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

Resolved

That application 16/00363/F be approved, subject 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 (April 2016), Framptons’ Construction Travel Management Plan, Halliday Lighting Impact Study, Ecological Consultancy letter from Aspect Ecology Ltd dated 29 April 2016, Transport Statement (May 2016), Arboricultural Impact Assessment (May 2016), Noise Impact Assessment dated 6^th May 2016, Flood Risk Assessment (March 2016) and drawings labelled: 0300 Rev. C, 0312 Rev. 01, 0313 Rev. 00, 0314 Rev. B, 0315, 0316 Rev. A, 0317 Rev. A, 0321 Rev. B and GUK-MUK231-09.

3.            Within 12 months of the date of this permission, a community use agreement prepared in consultation with Sport England shall be  submitted to and approved in writing by the Local Planning Authority, and a copy of the completed approved agreement has been provided to the Local Planning Authority. The agreement shall apply to the Artificial Grass pitch, Natural turf pitches and sports hall and include details of pricing policy, hours of use, access by non-educational establishment users, management responsibilities and a mechanism for review, and anything else which the Local Planning Authority in consultation with Sport England considers necessary in order to secure the effective community use of the facilities. The development shall not be used at any time other than in strict compliance with the approved agreement."

4.            Before the Artificial Grass Pitch is brought into use, a Management and Maintenance Scheme for the facility including management responsibilities, a maintenance schedule and a mechanism for review shall be submitted to and approved in writing by the Local Planning Authority [after consultation with Sport England]. This should include a sinking fund to ensure the replacement of the Artificial Grass Pitch within a specified period given by the manufacturers. The measures set out in the approved scheme shall be complied with in full, with effect from commencement of use of the Artificial Grass Pitch.

5.            Prior to commencement of the development hereby approved, the SuDS design for the site shall be required to be submitted to and approved in writing by the Local Planning Authority. These details must demonstrate how the system shall be managed and maintained thereafter  ...  view the full minutes text for item 25.

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

The Committee considered application 16/00525/F for the proposed demolition of `C` and `G` blocks to erect replacement office building, in addition to associated works at Thames Valley Police HQ. Oxford Road, Kidlington for Thames Valley Police.

Tony Norris, a local resident, addressed the committee in objection to the application.

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

Resolved

That application 16/00525/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 development shall be carried out strictly in accordance with the following plans and documents: Application forms  Design and Access Statement; Transport Statement; Planning Statement; Ecological appraisal; Supplementary statement received 5 May 2016 and drawings numbered0007/PO1; 0002/PO1; 1210/PO1; 3100/PO1; 3101/PO1; 4100/PO1; 0009/PO1;  0005/PO2 013/PO2

3.            Prior to the commencement of the development hereby approved, a detailed schedule of materials and finishes for the external walls and roof(s) of the development hereby approved in general accord with the information contained on the approved elevations 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 hereby approved, full details of any external lighting to be provided in the car parking area or on the building 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.

5.            Prior to the commencement of all other development hereby approved, 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.

6.            Prior to the commencement of the development hereby approved, full details of the new boundary wall formed from the partial demolition of G Block  shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the first occupation of the development, the new boundary treatment shall be erected, in accordance with the approved details, and retained and maintained in situ at all times.

7.            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.

8.            All  ...  view the full minutes text for item 26.

Refused reasons to be set out in the minutes.

The Committee considered application 16/00619/F for the residential development of a single dwelling with associated landscaping and land for an extension to the existing village burial ground for Land West of Horn Hill Road, Adderbury for Mr M Gough. The application was a resubmission of 15/01048/F.

Nigel Wood, on behalf of Adderbury Conversation Action Group, addressed the committee in objection to the application.

Ann Lyons, on behalf of Adderbury Parish Council and Jonathan Porter, the applicant’s agent addressed the committee in support of the application.

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

Resolved

That application 16/00619/F be refused for the following reasons:

1.            The proposed dwelling constitutes sporadic development beyond the built up limits of the Adderbury and, in the absence of an appropriate justification, conflicts with saved Policy H18 of the Cherwell Local Plan 1996, and Government guidance contained within the National Planning Policy Framework. Furthermore by virtue of its siting, scale and design, the proposed dwelling would cause harm to the intrinsic value of the open countryside and rural character, by intrusion into such, which would fail to reflect or reinforce local distinctiveness and existing settlement pattern or preserve the natural environment at this location. The proposals would therefore be contrary to saved Policies H18, C8, C28 and C30 of the Cherwell Local Plan 1996, Policies Villages 1, ESD 13 and ESD 15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

2.            Insufficient information has been submitted in relation to the proposed burial site in terms of land levels and ground conditions to clearly establish whether the land is suitable for use as a burial site or whether its use as such would likely cause a risk of groundwater pollution. The proposals would therefore be contrary to the provisions and aims of Policy ENV1 of the Cherwell Local Plan 1996, Policy ESD 8 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

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

The Committee considered application 16/00704/F for the erection of warden’s dwelling at Land to the Rear of Utility Building, Glebe Court, Fringford for Glebe Leisure, Mr R Herring.

Angela Banks the applicant’s agent and Ann Herring the applicant, addressed the committee in support of the application.

Councillor Turner proposed that application 16/00704/F be approved, subject to conditions with authority delegated to officers, in consultation with the Chairman, to agree the conditions. Councillor Milne Home seconded the proposal.

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

Resolved

That application 16/00704/F be approved, subject to the following conditions (with authority delegated to officers, in consultation with the Chairman, to agree the final wording of the 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:  Application Form, Design and Access Statement, Site Location Plan, Block Plan, Elevations and Floor Plans all dated November 2015.

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, including samples, 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 hereby approved, a plan showing car parking provision for two 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.

5.    The dwelling hereby approved shall be occupied only by a warden engaged at Glebe Leisure Caravan Park at Fringford and their immediate family.

6.    Notwithstanding the provisions of Classes A to F (inc.) of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 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 grant of further specific planning permission from the Local Planning Authority.

7.    Notwithstanding the provisions of Class A of Part 2, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 and its subsequent amendments, no gate, fence, wall or other means of enclosure shall be erected, constructed or placed on the site without the prior express planning consent of the Local Planning Authority.

8.    Within 60 days from the date of this permission, the caravan used as permanent residential accommodation within  ...  view the full minutes text for item 28.

Report of Head of Development Management

Purpose of report

The purpose of the report is to notify members of an issue relating to the conditions imposed in respect of on-going remedial works to a dwelling constructed on a plot of land in Fringford.

Recommendations   

1.1       The meeting is recommended to:

1.2       Note the decision to allow the owners of the site to carry out the approved remedial works in accordance with approved plan P11/055/003 Rev F.

Noted the decision to allow the owners of the site to carry out the approved

remedial works in accordance with approved plan P11/055/003 Rev F.

The Head of Development Management submitted a report to notify members of an issue relating to the conditions imposed in respect of on-going remedial works to a dwelling constructed on a plot of land in Fringford.

Councillor Barry Wood, addressed the committee as Ward Member.

Resolved

(1)          That the decision to allow the owners of the site to carry out the approved remedial works in accordance with approved plan P11/055/003 Rev F be noted.

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.