Agenda, decisions and minutes

7. Woodgreen Leisure Centre, Woodgreen Avenue, Banbury, OX16 0HS.

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 and a separate declaration as he lived close to the application site and would therefore leave the meeting for the duration of the item.

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 separate declaration as a member of the Executive and would leave the meeting for the duration of the item..

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

Councillor Lynn Pratt, Declaration, as a member of the Executive and would leave the meeting for the duration of the item.

10. Land Adj To Manor Farm Barns, Spring Lane, Cropredy.

Councillor G A Reynolds, Declaration, as comments made by him in his capacity as County Councillor were included in the report.

11. Mckay Trading Estate, Station Approach, 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, 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.

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 29 September 2016.

The Minutes of the meeting held on 29 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.

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

The Committee considered application 16/00075/NMA for the amendment to approved planning application 16/00246/F to retain an existing door in breakout room due to escape route and addition of a new compound in timber to enclose area where new condensers will be at Woodgreen Leisure Centre, Banbury for Cherwell District Council.

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

Resolved

That Cherwell District Council, as Local Planning Authority, hereby approves the non-material amendments described in the application in accordance with drawing numbers: 2168/111 Rev A, 2186/122 Rev A, 2168/123 Rev A.

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

The Committee considered application 16/01000/F for the development of the Village Centre (south) comprising a Hotel and associated facilities (involving the partial demolition and the refurbishment and extension of Building 455 and its change of use); Bar/Brasserie (involving the partial demolition and refurbishment and extension of Building 457) and a Covered Market (canopy link between Buildings 455 and 457) with associated landscaping and car parking at Building 445 and 447, Heyford Park, Upper Heyford.

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

Resolved

That application 16/01000/F be approved, subject to the following conditions, with authority delegated to officers to finalise:

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

 2         Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following plans and documents: Application forms and drawings numbered: TBC, under delegated authority to officers

 3         Prior to the commencement of the development hereby approved, a schedule of materials and finishes for the external walls and roofs 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         That full design details of the entrance glazing to the canopy link shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.  The development shall be carried out in accordance with the approved details.

 5         Prior to the commencement of the development, a Construction Environment Management Plan (CEMP), which shall include details of the measures to be taken to ensure construction works seek to minimise the effect on residential properties adjacent to or surrounding the site together with details of the consultation and communication to be carried out with local residents shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with approved CEMP.

6          Notwithstanding the details submitted, prior to the commencement of the development hereby approved, full details of the method of mechanical ventilation of the proposed kitchen's extraction systems shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the building, the mechanical ventilation shall be installed, brought into use and retained in accordance with the approved details.

 7         All plant, machinery, mechanical ventilation equipment and ducting including air conditioning, other than that shown on the approved plans, shall be installed internally. No other plant, machinery, mechanical ventilation equipment, flues or ducting shall be placed on the outside of the building without the prior written permission of the Local Planning Authority unless otherwise agreed with the Local Planning Authority.

8          No development shall take place until a noise assessment survey of the site has been carried out and a scheme for protecting residential  ...  view the full minutes text for item 95.

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

The Committee considered application 16/01119/F for the creation of a north basin to form an extension to the marina including installation of pontoons for up to 100 boat moorings, extension to the existing car park for 42 cars, installation of a swing bridge, replacement of approved office and associated landscaping at Cropredy Marina for Cropredy Marina Ltd. The application was a re-submission of 15/01949/F

Andy Partridge, the agent for the applicant, addressed the committee in support of the application.

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

Resolved

That application 16/01119/F be approved as recommended with amended wording to conditions 10 and 13 to be agreed with the Chairman and Ward Councillor (Councillor Atack). Also an additional Environment Agency suggested condition to be included.

a)                 The applicant completing a satisfactory S106 unilateral undertaking to preclude the erection of the office building previous approved under 11/01255/F;

b)                 The following conditions:

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

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

·         Application forms

·         Design and Access Statement

·         Site location Plan Ref: BMF/IS/89/B/AP/01 Rev C

·         North basin layout 100-1 Rev F

·         North basin Sections 100-4

·         Connecting cut detail 100-3

·         Culvert detail 100-2

·         Landscape Proposals plan (Existing Marina) ID622.02

·         Landscape Proposals plan (proposed basin) ID622.01H

·         Landscape specifications 25^th August 2016

·         Elevations of office building 128B

·         Swing bridge details BMF/IS/89/B/AP/03

·         Flood Risk Assessment Final dated 16^th October 2015

·         Transport Assessment Revision A dated August 2015

·         Arboricultural Impact Assessment, Method Statement and Protection Plan dated 11^th April 2016

·         Section of bank detail and tree BMF/IS/89/B/AP/02

·         Extended Phase I Habitat Survey dated 19^th October 2015.

3.         Prior to, and within two months of, the commencement of the development, the site shall be thoroughly checked by a suitably qualified ecologist to ensure that no protected species, which could be harmed by the development, have moved on to the site since the previous surveys were carried out. Should any protected species be found during this check, prior to commencement of development full details of mitigation measures to prevent their harm 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 mitigation scheme.

4.         Prior to the commencement of the development hereby approved, including any demolition, and any works of site clearance, a method statement for enhancing the site for birds and reptiles, and to increase opportunities for water vole on the site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the development, the biodiversity enhancement measures shall be carried out and retained in accordance with the approved details.

5.         Prior to the commencement of the  ...  view the full minutes text for item 96.

Refused reasons to be set out in the minutes

The Committee considered application 16/01468/OUT for the demolition of an existing building and outline planning application for a residential development of up to 60 dwellings; provision of open space, landscaping and car parking for Cropredy Primary School (all matters reserved except access) at land adjacent to Manor Farm Barns, Cropredy for Catesby Estates Ltd.

Stephen Moffat, a local resident, addressed the committee in objection to the application.

Ed Barrett, the agent to the application, addressed the committee in support of the application.

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

Resolved

That application 16/01468/OUT be refused for the following reasons:

1.               The proposed development, by reason of its excessive scale, siting, lack of cohesive form, relationship with the adjacent development and resultant removal of the established vegetation to form the southern access would result in an unacceptable extension of the village that would harm the character, rural setting and quality of the village and the rural setting of the nearby listed building Springfields to the detriment of the built, natural and historic environment. The proposal is therefore contrary to Policies Villages 2 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1, Policy C28 of the Cherwell Local Plan 1996 and Government advice within the National Planning Policy Framework.

2.               The Design and Access Statement and indicative layout submitted as part of the application fails to provide sufficient acceptable detail in respect of the design principles set as a basis for the future detailed consideration of the development proposed. This includes the siting, form, appearance, materials and detailing of the proposed new dwellings. The Local Planning Authority is therefore unable to determine whether the development proposed could be satisfactorily accommodated on the site in a manner that would respond to its constrained nature, respect its context, properly respond to local distinctiveness and safeguard the standards of amenity enjoyed at neighbouring properties. The proposal therefore fails to accord with the requirements of Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, Policies C28 and C30 of the Cherwell Local Plan 1996 and Government advice within the National Planning Policy Framework.

3.               In the absence of the completion of a satisfactory Planning Obligation, the Local Planning Authority is not convinced that the necessary infrastructure directly required both on and off site as a result of this development, in the interests of safeguarding public infrastructure, mitigating highway safety concerns, delivering mixed and balanced communities by the provision of affordable housing and securing on site future maintenance arrangements will be provided. This would be contrary to Policy INF1, BSC2, BSC9, BSC11 and ESD7 of the adopted Cherwell Local Plan 2011-2031 and the advice within the National Planning Policy Framework.

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

The Committee considered application 16/01469/OUT for the demolition of existing buildings and structures and the development of 2,120 sq m (GIA) of office (Use Class B1) and new vehicle and pedestrian access; the provision of parking; and all necessary enabling works, plant and equipment at Mckay Trading Estate for Bicester Nominees Ltd and Bicester II Nominess Ltd.

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

Resolved

That application 16/01469/OUT be approved, subject to the following conditions:

1.            No development shall commence until full details of the layout, scale, external appearance, and landscaping (hereafter referred to as reserved matters) of the hereby approved development have been submitted to and approved in writing by the Local Planning Authority.

2.            In the case of the reserved matters, no application for approval shall be made later than the expiration of three years beginning with the date of this permission.

3.            The development to which this permission relates shall be begun not later than the expiration of two years from the approval of all the reserved matters or, in the case of approval on different dates, the approval of the last such reserved matter to be approved.

4.            Except where otherwise stipulated by condition or relating to a matter to be determined as part of the reserved matters, the development shall be carried out strictly in accordance with the following plans and drawings:

16/021/P-001 Rev. B

16/021/P-003 Rev. E

5.            The premises shall be used only for purposes falling within Use Class B1 as defined in the Schedule to the Town and Country Planning (Use Classes) (England) Order 1987 (as amended) and for no other purpose(s) whatsoever.

6.            All applications for reserved matters approval shall include, and be accompanied by, full details of a scheme of surface water drainage relating to the development. The surface water drainage scheme approved pursuant to granting reserved matters approval(s) shall be carried out in full prior to first occupation of the development.

7.            Prior to first occupation of the approved development, details of cycle and refuse storage facilities shall be submitted to and approved in writing by the local planning authority. The approved facilities shall be provided and made available for use prior to first occupation of the development and shall be retained as such thereafter.

8.            Prior to the commencement of the development, a construction traffic management plan (CTMP) shall be submitted to and approved in writing by the local planning authority. The development shall thereafter only be constructed in accordance with the approved CTMP.

9.            Development shall not commence until a waste water 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.

10.         Prior to the commencement of the development hereby permitted, a comprehensive intrusive investigation  ...  view the full minutes text for item 98.

Application withdrawn by the applicant

The Chairman advised that the application had been withdrawn by the applicant.

Refused reasons to be set out in the minutes

The Committee considered application 16/01563/F for the demolition of an existing dwelling and a range of large scale equestrian buildings and the erection of a replacement dwelling including associated works and landscaping (resubmission of application 15/01693/F) at Muddle Barn Farm, Sibford Gower for Mr and Mrs Gregory Besterman.

Gregory Besterman, the applicant, addressed the committee in support of the application.

Councillor Reynolds proposed that application 16/01563/F be refused as the proposal conflicted with Policies H17, H18, C30 (i) of the Cherwell Local Plan 1996 and Policy ESD13 of the Cherwell Local Plan 2011-2031 Part 1 and paragraphs 17 and 55 of the National Planning Policy Framework. Councillor Atack seconded the proposal.

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

Resolved

That application 16/01563/F be refused for the following reason:

The proposal would result in a considerably larger dwelling than the one it would replace, on a different siting and not within the curtilage of the existing dwelling, and would not be for an agricultural or other land based business. Therefore, by virtue of its scale and siting, the proposal would not constitute an appropriate replacement dwelling and would result in a new dwelling in an

isolated location in the countryside. In addition, by virtue of its scale and siting, the proposal would fail to preserve the intrinsic character and beauty of the countryside and adversely affect the character and visual amenity of the local landscape. The proposal therefore conflicts with Policies H17, H18, C30 (i) of the Cherwell Local Plan 1996 and Policy ESD13 of the Cherwell Local Plan 2011-2031 Part 1 and paragraphs 17 and 55 of the National Planning Policy Framework.

Application withdrawn by the applicant

The Chairman advised that application 16/01594/F had been withdrawn by the applicant.

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

The Committee considered application 16-01599-F for amendments to planning permission reference 11/00617/OUT (and reserved matters approval 12/01802/REM) to create an additional 4 dwellings and replacing a number of the existing approved dwellings with new house types at land south of Blackwood Place and Molyneux Drive and north west of Cotefield Farm, Oxford Road, Bodicote for CALA Management Limited.

Nick Cotterall, the applicant, addressed 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 16-01599-F be approved subject to:

A)                The completion of a satisfactory legal agreement (Deed of Variation) to mitigate the off-site infrastructure impacts of the development and linking the development to the obligations contained in the S106 legal agreement entered into in respect of the original permission (ref: 11/00617/OUT)

B)                The following conditions:

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

2                Except where otherwise stipulated by condition, the development shall be carried out strictly in accordance with the following plans and documents: Application forms, ‘Planning, Design and Access Statement’, and drawings labelled: SL.100, CFB_FUL_PLN_SP Rev. D, CFB_FUL_PLN_201 Rev. B, CFB_FUL_PLN_202 Rev. A, CFB_FUL_PLN_203 Rev A, CFB_FUL_PLN_204 Rev. A and CFB_FUL_PLN_205 Rev. A.

3                The development hereby approved, shall be carried out in accordance with the schedule of materials and finishes for the external walls and roofs of the development, as submitted to and approved in writing by the Local Planning Authority under planning application 13/00358/DISC.

4                With the exception of the walls shown on the approved plans to be stone, the materials to be used in the construction of the external walls and roofs of the development shall be in accordance with the samples of the bricks and tiles/slates submitted to and approved in writing by the Local Planning Authority under planning application 13/00358/DISC.

5                The external walls of the development shown on the approved plans to be stone shall be laid, dressed, coursed and pointed in strict accordance with the stone sample panel approved in writing by the Local Planning Authority under planning application 13/00358/DISC.

6                The doors and windows shall be installed within the buildings in accordance with the door and window details approved in writing by the Local Planning Authority under planning application 13/00358/DISC.

7                Prior to the commencement of the development hereby approved, a plan showing full details of the finished floor levels in relation to existing and proposed site levels 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.

8                Prior to the commencement of the development hereby approved, full details of the enclosures along all boundaries of the dwellings shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved means of enclosure in  ...  view the full minutes text for item 102.

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

The Committee considered application 16/01617/F for the conversion of 3 no. redundant farm buildings into 5 no. dwellings, erection of covered car parking building and extensions to barns and demolition and removal of 7 no. redundant farm buildings and 3 no. lean-to extensions at Ashgrove Farm, Middleton Stoney Road, Bicester for Mr and Mrs J Pickford.

Julian Philcox, the applicant, addressed the committee in support to the application.

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

Resolved

That application 16/01617/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 Form submitted with the application;

·         Architectural Design & Access Statement dated May 2008 submitted with the application;

·         Drawing Numbers: 1.06; P1.01; P1.02 Revision A; P1.03 Revision A; P2.01 Revision B; P2.02 Revision A; P2.03 Revision B; P2.04 Revision A; P2.05 Revision A; P2.06 Revision B; P2.07; P3.01 Revision B; P3.02 Revision B; P3.03 Revision B; P3.04 Revision B; P3.05 Revision B; P3.06 Revision A; P3.07 Revision B; P3.08 Revision A; P3.09; R3.01; R3.02; R3.03; R3.04 and OGD/152/001 Revision A submitted with the application;

3.         The external walls of the development shall be laid, dressed, coursed and pointed in strict accordance with the stone sample panel inspected on site by the case officer on 26^th August 2016.

4.         The external roofs of the development shall be constructed in accordance with the slate sample inspected on site by the case officer on 26^th August 2016.

5.         The development shall be carried out in accordance with the Section 7 (recommendations) of  the Bat Survey Report by Windrush Ecology dated August 2016 submitted with the application (except where affected by condition 11).

6.         Should more than 12 months elapse from August 2016 (the time of the ecological survey referred to in condition 10) before works commence on Barn 4, a new ecological survey shall be submitted to and approved in writing by the Local Planning Authority before any works on Barn 4 commence. Thereafter the works to Barn 4 shall be carried out in accordance with the recommendations of the new ecological survey.

7.         Prior to the first occupation of the dwellings hereby approved, full specification details (including construction, layout, surfacing and drainage) of the parking and manoeuvring areas shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the dwellings, the parking and manoeuvring areas shall be provided on the site in accordance with the approved details and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter.

8.         Prior to the first occupation of the of the dwellings hereby approved, the proposed means of access between the land and the highway shall be formed,  ...  view the full minutes text for item 103.

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

The Committee considered application 16/01618/LB for listed building conset for the conversion of a redundant farm building into a dwelling, including the demolition of lean-to structures, erection of 2.No extensions and construction of a wall at Ashgrove Farm, Middleton Stoney Road, Bicester for Mr and Mrs J Pickford.

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

Resolved

1.               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 condition, the development shall be carried out strictly in accordance with the following plans and documents:

·         Application Form submitted with the application;

·         Architectural Design & Access Statement dated May 2008 submitted with the application;

·         Drawing Numbers: 1.06; P1.01; P1.02 Revision A; P1.03 Revision A; P2.01 Revision B; P2.02 Revision A; P2.03 Revision B; P2.04 Revision A; P2.05 Revision A; P2.06 Revision B; P2.07; P3.01 Revision B; P3.02 Revision B; P3.03 Revision B; P3.04 Revision B; P3.05 Revision B; P3.06 Revision A; P3.07 Revision B; P3.08 Revision A; P3.09; R3.01; R3.02; R3.03; R3.04 and OGD/152/001 Revision A submitted with the application.

3.               The external walls of the development shall be laid, dressed, coursed and pointed in strict accordance with the stone sample panel inspected on site by the case officer on 26th August 2016.

4.               The external roofs of the development shall be constructed in accordance with the slate sample inspected on site by the case officer on 26th August 2016.

5.               Any remedial stonework necessary for the repair or making good of the walls shall be carried out in natural weathered limestone 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 using lime mortar unless otherwise approved in writing by the Local Planning Authority prior to the works commencing.

6.               The rainwater goods to be used shall be cast iron/aluminium and permanently so retained thereafter.

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.