Agenda, decisions and minutes

8. OS Parcel 0070 adjacent and North of A41 London Road, Bicester.

Councillor David Hughes, Declaration, as his business was in the vicinity of the area and would stay in the room but not take part in the debate or vote.

Councillor Hugo Brown, Declaration, as he knows the developer’s directors socially.

Councillor Les Sibley, 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.

11. Tudor Hall School, Wykham Lane, Banbury, OX16 9UR.

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.

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

Councillor Hugo Brown, Declaration, as he knew the headteacher socially, his wife was on the PTA and his daughters were ex-pupils of the school.

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

12. OS Parcels 4083 And 6882 Adjoining And North Of Broken Furrow, Warwick 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 Barry Wood, Declaration, as a member of the Executive and would leave the meeting for the duration of the item.

Councillor Colin Clarke, Non Statutory Interest as a member of Banbury Town Council which had been consulted on the application and a declaration as a member of the Executive and would leave the meeting for the duration of the item.

Councillor G A Reynolds, Declaration, as a member of the Executive and would leave the meeting 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 Lynn Pratt, Declaration, as a member of the Executive and 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.

13. OS Parcels 4083 And 6882 Adjoining And North Of Broken Furrow, Warwick Road, Banbury.

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

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 Thursday 1September 2016.

The Minutes of the meeting held on 1 September 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.

2.    The Chairman advised that the Development Services Manager, Jon Westerman would be leaving Cherwell District Council in the next few weeks and thanked him for his contribution to the planning department at Cherwell District Council.

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

The Committee considered application 15/02314/F for the permanent use of land as a Rally school including use of land for quad bikes, buggies and jeeps for Mr Christopher Wigmore at Pool Farm, Mill Lane, Stratton Audley, OX27 0AJ.

Ken Smith and Tim Good, local residents, addressed the committee in objection to the application.

Christopher Wigmore, the applicant, 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 15/02314/F be approved subject to the following conditions:

1.               Except where otherwise stipulated by condition, the development shall be carried out strictly in accordance with the following plans and documents:

•           Application Form submitted with the application;

•           Drawing Number 5013/2 submitted with the application;

•           Site Location Plan at a scale of 1:5,000 received by e-mail from the applicant on 25th February 2016;

•           Additional plan outlining ‘Rally Stage’ and ‘Yard’ at a scale of 1:5,000 received by e-mail from the applicant on 29th February 2016;

•           E-mail from the applicant containing a list of vehicles to be used on the ‘Rally Stage’ and ‘Yard’ on 29th February 2016.

2.               Within 4 calendar months starting from the date of this decision, a Noise and Dust Management Plan shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the use hereby permitted shall only operate in strict accordance with the approved Management Plan.

3.               The area of the site to be used for quad bikes, jeeps, and ‘Honda Pilots’ shall be restricted to the area outlined in green on Drawing Number 5013/2 submitted with the application.

4.               No more than 4 quad bikes and/or ‘Honda Pilots’ and/or jeeps shall be operated at any one time.

5.               The ‘Rally Stage’ and ‘Yard’ outlined in the additional plan (scale of 1:5,000 received by e-mail from the applicant on 29th February 2016) shall only be used for the purposes of tuition in accordance with the terms of this consent and shall not be used for any testing, trial of speed, racing or other practicing whatsoever.

6.               No more than one vehicle shall be used on the ‘Rally Stage’ and ‘Yard’ outlined in the additional plan (scale of 1:5,000 received by e-mail from the applicant on 29th February 2016) at any one time, and the ‘Rally Stage’ and ‘Yard’ shall only be used by the vehicles listed on the e-mail received from the applicant on 29th February 2016.

7.               There shall be no use of the rally stage when the quad bikes and/or ‘Honda Pilots’ and/or jeeps are being used.

8.               The use hereby approved shall only operate between the hours of 10:00 and 18:00 Monday to Saturday and shall not operate at any time on Sundays and Public Holidays.

9.               The use hereby approved shall not operate on more than 3 occasions in any one calendar week.

10.            The level of noise emissions from the use hereby permitted when measured  ...  view the full minutes text for item 80.

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

The Committee considered application 16/00861/HYBRID for revisions to outline planning application 15/02316/OUT to comprise a HYBRID planning application for: Full planning permission for 18,394 sqm (198,000 sqft) of logistics floor space within Class B8 of the Town and Country Planning Use Classes Order 1987, with ancillary Class B1(a) offices together with access from A41 Aylesbury Road, associated infrastructure including lorry parking, landscaping, amenity open space and sustainable drainage and private sewage treatment plant. Outline planning permission from up to 44,314 sqm (477,000 sqft) of logistics floor space, within class B8 of the Town and Country Planning Use Classes Order 1987, with ancillary B1(a) offices, together with associated site infrastructure including lorry parking, landscaping, amenity open space, sustainable drainage and private sewage treatment plant. Details of means of access from Aylesbury Road were also included for approval. The application was for Mr Warren Francis Reid.

Councillor Sames addressed the committee as local Ward member.

Michael Earnshaw, James Glaisher & John Broad addressed the committee in objection to the application.

Peter Frampton, the applicant’s agent, addressed the committee in support of the application.

In reaching their decision, Members considered the officers’ report, written update and presentation and the addresses of the local ward member and public speakers.

Resolved

That application 16/00861/HYBRID be approved, subject to,

a) The receipt of a satisfactory agreed Unilateral Undertaking

b) The following conditions with elegated authority granted to the Development Control Team Leader, in consultation with the Chairman of Planning Committee, to allow further adjustments and additions to the conditions proposed in the report if considered necessary.

Full Permission

1.               A4 – time limit 3 yrs

2.               A6 – plans condition

3.               B3 – samples of wall and roof materials

4.               B15 – external lighting details

5.               B18 – boundary enclosure details

6.               C2 – carry out landscaping in accordance with the approved plans

7.               C3 – maintain landscaping in accordance with the approved management/maintenance plan

8.               C7 – retained trees

9.               C9 – AMS

10.            C11/12 retain hedgerows

11.            C20 – tree pit details hard landscaped areas

12.            C21 – tree pit details soft landscaped areas

13.            Prior to the commencement of the development hereby approved, full details of the means of access between the land and the highway on the A41, including position, layout, construction, drainage and vision splays shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the first occupation of any of the development, the means of access shall be constructed and retained in accordance with the approved details – the visibility splay shall be kept clear of obstructions (including trees and other vegetation) between 0.6m and 2.0m.

14.            Prior to the commencement of the development hereby approved, full specification details of the site roads and turning areas to serve the development, which shall include construction, layout, surfacing, lighting and drainage, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the first occupation of any of  ...  view the full minutes text for item 81.

Refused reasons to be set out in the minutes

The Committee considered application 16/00892/OUT, an outline application for 3 No dwellings for Messrs J Barmby and M Howard at 15 and 17 Milton Road, Bloxham, OX15 4AD.

Susan Slater, on behalf of Bloxham Parish Council, addressed the committee in objection to the application.

Jane Papenfus, agent for the applicant, 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 16/00892/OUT be refused for the following reasons:

1                The proposed development represents inappropriate 'backland' development as the proposal fails to sympathetically relate to the established linear form and pattern of existing development along Milton Road, appearing incongruous within this location, detrimental to the visual amenities and the overall character of the area. The proposal does not constitute acceptable 'minor development' and is unacceptable in principle. Thus, the proposal is contrary to Policies Villages 1, ESD13 and ESD15 of the Cherwell Local Plan Part 1, saved Policies C28 and C30 of the Cherwell Local Plan 1996, Policies BL11 and BL12 of the Bloxham Neighbourhood Plan 2015-2031 (Referendum Version September 2016) and Government guidance contained within the National Planning Policy Framework.

2                The proposed development, by virtue of the layout of the access track serving the proposed dwellings, would result in unsatisfactory living conditions within the adjacent residential properties of No.15 and 17 Milton Road through the introduction of noise and disturbance as a result of increased vehicular activity. Thus, the proposal is contrary to Policy ESD15 of the Cherwell Local Plan Part 1, saved Policies C30 and ENV1 of the Cherwell Local Plan 1996, Policy BL9 of the Bloxham Neighbourhood Plan 2015-2031 (Referendum Version September 2016), and Government guidance contained within the NPPF.

3                The access which is proposed to serve the site is substandard in vision terms and its use for the purpose proposed will be of detriment to the safety and convenience of other road users, contrary to Policy ESD15 of the Cherwell Local Plan Part 1, Policy BL9 of the Bloxham Neighbourhood Plan 2015-2031 (Referendum Version September 2016) and Government guidance contained within the NPPF.

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

The Committee considered application 16/01078/F for alterations to include extension and basement (revised scheme of 15/01895/F) for Cadmonkies at Orchard Way, Heyford Road, Somerton, Bicester, OX25 6LL.

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

Resolved

That application 16/01078/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: Application Form, Drawing No's: P/16/103/001 and P/16/103/002

3.            The natural stone to be used on the walls of the extension shall be of the same type, texture, colour and appearance as the stone on the existing building and shall be laid, dressed, coursed and pointed to match that of the existing building.

4.            The slate to be used for the roof of the extension hereby approved shall match in terms of colour, type and texture those used on the existing building.

5.            The flue shall be painted black with a matt finish.

6.            Prior to the commencement of the development and notwithstanding the submitted details, an arboricultural survey, undertaken in accordance with BS:5837:2012 and all subsequent amendments and revisions shall be submitted to and approved in writing by the Local Planning Authority.

7.            Prior to the commencement of the development hereby approved, an Arboricultural Method Statement (AMS), undertaken in accordance with BS:5837:2012 and all subsequent amendments and revisions shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, all works on site shall be carried out in accordance with the approved AMS. Application No.: 16/01078/F

8.            The existing hedgerow/trees along the southern boundary of the site shall be retained and properly maintained at a height of not less than 4 metres. Any hedgerow/trees which dies within five years from the completion of the development shall be replaced and thereafter properly maintained in accordance with this condition.

9.             Prior to the commencement of the development hereby approved, full details of the hardsurfacing, (including material, colouring and layout), shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first use of the development, the hardsurfacing shall be provided on site in accordance with the approved details.

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

The Committee considered application 16/01443/F for the demolition of an existing single storey teaching accommodation to be replaced by a purpose built teaching building consisting of 12 classrooms and an atrium link to an existing teaching building – Blyth and externally a hard-landscaped amphitheatre which is stepped and ramped connects the new building with the heart of the school for Tudor Hall School at Wykham Lane, Banbury, OX16 9UR.

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

Resolved

That application 16/01443/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:  Design and Access Statement dated July 2016, D200A, D202F, D230P, D231P, D232M, D233N, D240M and D241G.

3.               Prior to the commencement of the development hereby approved, a Construction Traffic Management Plan (CTMP) for the site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the CTMP shall be implemented in accordance with the approved details.

4.               Prior to the commencement of the development, 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.

5.               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; and that 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, unless the Local Planning Authority gives written consent for any variation. 

6.               Prior to the commencement of the development hereby approved, an up-to-date Arboricultural Method Statement (AMS), undertaken in accordance with BS:5837:2012 and all subsequent amendments and revisions, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, all works on site shall be carried out in accordance with the approved AMS.

7.  ...  view the full minutes text for item 84.

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

The Committee considered application 16/01484/CDC for the erection of single storey building to provide 5 one bed flats for adults with acquired brain injury, associated parking area, secured courtyard area, and staff and communal accommodation in an additional unit (six units in total) (revised scheme of 16/00515/CDC) for Cherwell District Council at OS Parcels 4083 and 6882 adjoining and north of Broken Furrow, Warwick Road, Banbury.

In introducing the report, the Development Control Team Leader referred Members to the written update and that the officer recommendation had changed from refusal to approval.

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

Resolved

That application 16/01484/CDC be approved, subject to the following conditions:

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

2.               Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following plans and documents: Application forms, Design and Access Statement, Site Location Plan (except as amended by other plans listed in this condition), Ecological Appraisal (Willmott Dixon Housing Ltd, February 2016), Tree Survey Report (RGS, March 2016) and drawings numbered “16022-GNA-XX-ST-DR-A-0101-D”, “16022-GNA-A-ST-DR-A-0102-C”, “16022-GNA-A-00-DR-A-1100”, “16022-GNA-A-E-DR-A-2100”, “16022-GNA-A-E-DR-A-2101-A”, and “16022-GNA-A-RF-DR-A-1101”.

3.               Prior to the occupation of any dwellings an Energy Strategy shall be submitted to and approved by the Local Planning Authority. This strategy shall be in line with the mandatory requirements of Code 4 in respect of ENE1 2010 or otherwise agreed with the Local Planning Authority.

4.               Prior to the commencement of the development hereby approved above slab level, samples of the brick to be used in the construction of the external 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.

5.               Prior to the commencement of the development hereby approved above slab level, samples of the tile to be used in the construction of 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.

6.               Notwithstanding the details submitted, no development shall commence above slab level until amended design details for the front façade of the building and the entrance gates have been 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.

7.               Prior to the construction of the development hereby approved above slab level, the proposed means of access between the land and the highway shall be improved to geometry as plans submitted, formed, laid out and constructed strictly in accordance with Oxfordshire County Council’s specification and guidance.

8.               Prior to the commencement of the development hereby approved above slab level, and notwithstanding the details submitted, full specification details (including construction,  ...  view the full minutes text for item 85.

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

The Committee considered application 16/01485/CDC for the erection of single storey buildings to provide 6 one bed flats for adults with learning difficulties and autistic spectrum condition, associated parking area, shared landscaped gardens, secured courtyard area, and staff and communal accommodation in an additional unit (seven units in total) (revised scheme of 16/00504/CDC) for Cherwell District Council at OS Parcels 4083 and 6882 adjoining and north of Broken Furrow, Warwick Road, Banbury.

In introducing the report, the Development Control Team Leader referred Members to the written update and that the officer recommendation had changed from refusal to approval.

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

Resolved

That application 16/01485/CDC be approved, subject to the following conditions:

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

2.               Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following plans and documents: Application forms, Design and Access Statement, Site Location Plan (except as amended by other plans listed in this condition), Ecological Appraisal (Willmott Dixon Housing Ltd, February 2016), Tree Survey Report (RGS, March 2016) and drawings numbered “16022-GNA-XX-ST-DR-A-0101-D”, “16022-GNA-B-ST-DR-A-0104-D”, “16022-GNA-B-00-DR-A-1102”, “16022-GNA-B-E-DR-A-2102-A”, “16022-GNA-B-E-DR-A-2103-A”, and “16022-GNA-B-RF-DR-A-1103”.

3.               Prior to the occupation of any dwellings an Energy Strategy shall be submitted to and approved by the Local Planning Authority. This strategy shall be in line with the mandatory requirements of Code 4 in respect of ENE1 2010 or otherwise agreed with the Local Planning Authority.

4.               Prior to the commencement of the development hereby approved above slab level, samples of the brick to be used in the construction of the external 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.

5.               Prior to the commencement of the development hereby approved above slab level, samples of the tile to be used in the construction of 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.

6.               Notwithstanding the details submitted, no development shall commence above slab level until amended design details for the front façade of the building and the entrance gates have been 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.

7.               Prior to the construction of the development hereby approved above slab level, the proposed means of access between the land and the highway shall be improved to geometry as plans submitted, formed, laid out and constructed strictly in accordance with Oxfordshire County Council’s specification and guidance.

8.               Prior to the commencement of the development hereby approved above slab level, and notwithstanding the details submitted, full specification details (including construction,  ...  view the full minutes text for item 86.

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

The Committee considered application 16/01545/F for the change of use of Building 103 to A Heritage Centre (Use Class D1) and Building 315 for storage and distribution (Use Class B8) and associated works Heyford Park Estates Limited at 103 & 315 Heyford Park, Camp Road, Upper Heyford, Bicester, OX25 5HA.

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

Resolved

That application 16/01545/F be approved, subject to the following conditions:

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

2                Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following plans and documents: Application forms, Design and Access Statement and drawings numbered:

              D0341 -107 Site Location Plan

              6002.02.D Proposed Arrangement(Building 103)

              UPP/85/315/AB1 Floor Plan (Building 315)

3                That prior to the commencement of the development hereby approved, an access phasing strategy shall be submitted to and approved in writing by the Local Planning Authority, showing the transition of the access to the site in accordance with the long term strategy for the site.

4                Unless otherwise previously agreed in writing, the development shall be undertaken in accordance with the routing agreement approved under schedule 20 of the Unilateral Undertaking dated 23rd January 2009.

5                No part of the development shall be commenced until a detailed green travel plan, prepared in accordance with the Department of Transport's Best Practice Guidance Note "Using the planning process to secure travel plans" and the emerging Oxfordshire County Council guidance on Developer Travel Plans, including an HGV routeing agreement, has been submitted to and approved in writing by the Local Planning Authority.

6                This permission shall exclude the details of parking layout shown on the submitted drawings and development shall not commence until a revised plan showing car parking provision for vehicles to be accommodated within the site of each building together with any areas for manoeuvring, has been submitted to and approved in writing by the Local Planning and such parking and manoeuvring facilities shall be laid out, surfaced, drained and completed in accordance with the approved plan before either building is brought into use..  The car parking spaces shall be retained for the parking of vehicles at all times thereafter.

7                Prior to the first use or occupation of the development hereby permitted, covered cycle parking facilities shall be provided on the site in accordance with details to be first submitted to and approved in writing by the Local Planning Authority.  The covered cycle parking facilities so provided shall thereafter be permanently retained and maintained for the parking of cycles in connection with the development.

8                All new works and works of making good to Building 103 shall be carried out in materials and detailed to match the adjoining original fabric except where shown otherwise on the approved drawings.

9                All plant, machinery, mechanical ventilation equipment and ducting, other than that  ...  view the full minutes text for item 87.

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.