Agenda, decisions and minutes

12. 22 Sheep Street, Bicester.

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.

13. 8 Halifax Road, Bicester, OX26 4TG.

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.

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

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

Councillor Colin Clarke, 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.

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

The Chairman reported that he had agreed to add one item of urgent business to the agenda, application 16/02345/ADJ, Land opposite Red Lion, Little Tingewick, Buckinghamshire. Cherwell District Council was a consultee on the application which would be determined by Aylesbury Vale District Council by the end of December. Aylesbury Vale had agreed to extend the deadline for consultation responses to 16 December 2016 to allow the Planning Committee to consider Cherwell’s response to the consultation.

To confirm as a correct record the Minutes of the meeting of the Committee held on 24 November 2016.

The Minutes of the meeting held on 24 November 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.

That had Cherwell District Council been the determining authority, it would have refused permission.

Reasons to be set out in the minutes.

The Committee considered application 16/01598/F for the demolition of development at Jack's Barn and the erection of ten dwellings at Jack Barn, West End, Launton, Bicester, OX26 5DG for Mr Howson.

The committee was advised that the applicant had chosen to exercise their right to appeal against non-determination as the application should have been determined by 11 November 2016, and no extension of time had been given by the applicant. As such Cherwell District Council was no longer the determining authority in this case, and the Planning Committee was being asked to resolve how it would have determined the application, as this would form the basis of the Council’s case in the appeal.

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

Resolved

That had Cherwell District Council been the determining authority, it would have refused permission for the following reasons:

1                By virtue of its siting, scale, layout, and relationship with existing development, in particular its extension to the rear of the building line along West End, its orientation and lack of integration with the streetscene of West End, and the scale and detached form of the plots, the southern portion of the development would result in an inappropriate encroachment into the open countryside beyond the built-up limits of Launton with harm to the rural character and quality of the area and the setting of Launton. The proposal therefore fails to accord with Government guidance contained with the National Planning Policy Framework, Policies Villages 2, ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policies H18, C28 and C30 of the Cherwell Local Plan 1996.

2                By virtue of its layout and the scale, form and design of individual dwellings, in particular the detached backland relationship of plots 1 to 4, the separate nature of plot 10, and the use of non-traditional features such as exposed chimneys, large porches, deep blank gables and shallow roofs, and fenestration details, the proposed development appears disjointed and incoherent with too great a variation in house types and many inactive edges. The proposal is therefore contrary to the provisions of the National Planning Policy Framework, Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policies C28 and C30 of the Cherwell Local Plan 1996.

3                By virtue of a lack of a satisfactory Section 106 legal agreement to ensure that the development adequately mitigates its impact on community and transport infrastructure, provides appropriate levels of affordable housing, and secures the provision of open space, the local planning authority cannot be satisfied that the impacts of the development in this respect can be made acceptable. The proposal is therefore contrary to the provisions of the National Planning Policy Framework and policy INF 1 of the Cherwell Local Plan 2011-2031 Part 1

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

The Committee considered application 16/01640/F for a two-storey extension to the rear of the hotel to provide 8 no. additional bedrooms, reconfiguration of car park and associated works at the Wroxton House Hotel, Stratford Road A422, Wroxton, Banbury for the Best Western Plus Wroxton House Hotel .

Michael Robarts, Chairman of Wroxton and Balscote Parish Council, Duncan Chadwick, agent to the applicant and John Smith, the applicant, addressed the committee in support of the application.

Councillor Reynolds proposed that application 16/01640/F, subject to conditions, be approved. Councillor Heath 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 16/01640/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, 'David Lock Associates' Planning Statement (August 2016), Design and Heritage Statement (Rev. B July 2016), 'Sacha Barnes Ltd' Tree Report (Updated July 2016) and drawings numbered: W.4122.SU01, W.4122 SK21 Rev. A, W.4122 SK22 Rev. B, W.4122 SK23 Rev. B, S7283/FA S01, S7283/FA S02 and S7283/FA S03 Rev. B submitted with the application; and Refuse Vehicle Tracking Plan received with agent's email dated 15/11/2016; and W.4122 SU02 Rev. E received with agent's email dated 19/12/2016.

External Materials and Appearance

3            Notwithstanding the details submitted, prior to the commencement of the development hereby approved, full design and construction details of the proposed structure linking the additional accommodation block to the existing building shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the details so approved.

4            Prior to the commencement of the development hereby approved, a sample of the tile to be used in the covering 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 sample so approved.

5            Prior to the commencement of the development hereby approved, a sample of the hung tile to be used on the northern and western elevations 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 sample so approved.

6            Prior to the commencement of the development hereby approved, a natural stone sample panel (minimum 1m2 in size) shall be constructed on site using lime mortar to show the type, coursing and jointing of the natural stone to be used in the construction of the development hereby permitted and shall be inspected and approved in writing by the Local Planning Authority. Thereafter, the external walls of the development to be constructed of stone shall be laid, dressed, coursed  ...  view the full minutes text for item 127.

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

The Committee considered application 16/01641/LB for listed building consent for a two-storey extension to rear of hotel to provide 8 no. additional bedrooms, reconfiguration of car park and associated works at the Wroxton House Hotel, Stratford Road A422, Wroxton, Banbury for the Best Western Plus Wroxton House Hotel.

Michael Robarts, Chairman of Wroxton and Balscote Parish Council, Duncan Chadwick, agent to the applicant and John Smith, the applicant, addressed the committee in support to the application.

Councillor Reynolds proposed that application 16/01640/F be approved, subject to conditions. Councillor Atack 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 16/01641/LB be approved subject to the following conditions:

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 forms, 'David Lock Associates' Planning Statement (August 2016), Design and Heritage Statement (Rev. B July 2016), 'Sacha Barnes Ltd' Tree Report (Updated July 2016) and drawings numbered: W.4122.SU01, W.4122 SK21 Rev. A, W.4122 SK22 Rev. B, W.4122 SK23 Rev. B, S7283/FA S01, S7283/FA S02 and S7283/FA S03 Rev. B submitted with the application; and Refuse Vehicle Tracking Plan received with agent's email dated 15/11/2016; and W.4122 SU02 Rev. E received with agent's email dated 19/12/2016.

3            Notwithstanding the details submitted, prior to the commencement of the development hereby approved, full design and construction details of the proposed structure linking the additional accommodation block to the existing building shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the details so approved.

4            Prior to the commencement of the development hereby approved, a sample of the tile to be used in the covering 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 sample so approved.

5            Prior to the commencement of the development hereby approved, a sample of the hung tile to be used on the northern and western elevations 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 sample so approved.

6            Prior to the commencement of the development hereby approved, a natural stone sample panel (minimum 1m2 in size) shall be constructed on site using lime mortar to show the type, coursing and jointing of the natural stone to be used in the construction of the development hereby permitted and shall be inspected and approved in writing by the Local Planning Authority. Thereafter, the external walls of the development to be constructed of stone shall be laid, dressed, coursed and pointed  ...  view the full minutes text for item 128.

Refused reasons to be set out in the minutes

The Committee considered application 16/01706/F for the erection of 6 No. agricultural buildings for poultry production, together with associated infrastructure of broiler building, ancillary buildings, feed bins, hardstandings, access and drainage attenuation pond at Land North Of OS 0006 And South East Of College Farm, Pinchgate Lane, Bletchingdon for JE and AJ Wilcox.

Councillor Simon Holland addressed the committee as Ward member.

Jo Hodgetts, Regional Manager of Heathfield House, addressed the committee in objection to the application.

Ian Pick, agent to the applicant, addressed the committee in support of the application.

Councillor Sibley proposed that application 16/01706/F be refused as the proposed development was unsuitable for the location, with the exact wording delegated to officers. Councillor Banfield seconded the proposal.

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

Resolved

That application 16/01706/F be refused for the following reason:

1.            On the basis of the available evidence, the Local Planning Authority is not satisfied that the proposed intensive poultry unit would not cause materially detrimental levels of odour resulting in undue harm to the amenities of the surrounding environment, in particular the environment of users of the nearby commercial premises and the living environment of the occupiers of nearby residential properties. As such the proposed development is considered to be unsustainable and contrary to Policy ESD15 of the Cherwell Local Plan (2011-2031) Part 1, saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the NPPF.

Deferred to allow for a proper assessment of the additional information supplied, and one final opportunity for the applicant to address officer’s concerns with the development.

The Committee considered application 16/01780/F for the change of use of land to use as a residential caravan site for 9 gypsy families, each with two caravans and an amenity building. The application further sought approval for the improvement of existing access, the construction of a driveway, the laying of hard standing and installation of package sewage treatment plant at Land West of the M40 adjacent to the A4095, Kirtlington Road, Chesterton for Clifford Smith And Robert Butcher.

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 deferral to allow for a proper assessment of the additional information supplied, and one final opportunity for the applicant to address officer’s concerns with the development.

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

Resolved

That consideration of application 16/01780/F be deferred to allow for a proper assessment of the additional information supplied, and one final opportunity for the applicant to address officer’s concerns with the development.

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

The Committee considered application 16/01906/F for the change of use and alterations to a redundant storage barn and outbuilding to form 4 No. single bed flat units at 22 Sheep Street, Bicester for Grange Farm.

Councillor Gaul addressed the committee as Ward Member.

Councillor Mould proposed that application 16/01906/F be refused on the grounds of overdevelopment to the area and concerns over parking and access. Councillor Pratt seconded the proposal. The motion was duly voted on and subsequently fell.

Councillor Clarke proposed that application 16/01906/F be approved. Councillor Corkin seconded the proposal.

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

Resolved

That application 16/01906/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, drawing numbers “6122.ROADSIDE.02A” and the Design and Access Statement dated September 2016.

3.               Prior to the commencement of the development hereby approved, samples of the slate to be used in the construction of the external 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.

4.               Prior to the commencement of the development hereby approved, samples of the timber boarding 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.               The windows and doors shall be constructed from timber and details, at a scale of 1:20 including a cross section and colour/finish, shall be submitted to and approved in writing to the Local Planning Authority prior to the commencement of the development.  The development shall be carried out in accordance with the approved details and retained as such thereafter.

6.               Prior to the commencement of the development hereby approved, including any demolition and any works of site clearance, a full mitigation strategy which is informed by a survey for swifts and other nesting birds carried out by a qualified ecologist, and which shall include details of the location and design of alternative nest sites to be provided and timing of works, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the development, the alternative nesting sites shall be provided in accordance with the approved document.

7.               No works to, or demolition of, buildings or structures that may be used by breeding birds, 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 the submission of  ...  view the full minutes text for item 131.

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

The Committee considered application 16/01993/F to extend a double storey over the existing garage and sub-divide an existing home into 2 x two bedroom flats at 8 Halifax Road, Bicester for Mr Ajay Kumar.

Councillor Gaul addressed the committee as Ward Member.

Nicola and Lisa Henton-Mitchell addressed the committee in objection to the application.

Councillor Mould proposed that application 16/01993/F be refused on the grounds of overdevelopment to the area and concerns over parking and access. Councillor Pratt seconded the proposal. The motion was duly voted on and subsequently fell.

Councillor Hughes proposed that application 16/01993/F be approved. Councillor Clarke seconded the proposal.

In reaching their decision, the Committee considered the officers’ report, presentation and the addresses of the public speakers and the Ward Member.

Resolved

That application 16/01993/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, drawing numbers “A.01.1”, “A.01.2”, “A.01.05 Rev A”, “A.01.6 Rev A”, A.01.7 Rev A”, A.01.8 Rev A”, “A.01.9”, A.01.10 Rev A” and “A.01.13 Rev A”.  

3.               The materials to be used for the external walls, roofs, windows and doors of the extensions hereby approved shall match in terms of colour, type and texture those used on the existing building.

4.               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 hard surface areas, including pavements, pedestrian areas, reduced-dig areas, crossing points and steps,

(c)    details of any new boundary treatments, along with details of the proposed bin storage areas and their means of enclosure.

Thereafter, the development shall be carried out in accordance with the approved landscape scheme.

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. 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.

6.               Prior to the first use or occupation of the development hereby permitted the cycle parking facilities shown on the approved plans shall be provided, and shall be permanently retained and maintained for the parking of cycles in connection  ...  view the full minutes text for item 132.

Refused reasons to be set out in the minutes

The Committee considered application 16/02030/F for the erection of a single storey building providing 3 No en-suite letting rooms - re-submission of 16/01525/F at The Pheasant Pluckers Inn, Burdrop for Mr Geoffrey Richard Noquet.

Dr Oswyn Murray, Chairman of Sibford Gower Parish Council, addressed the committee in objection to the application.

Councillor Reynolds proposed that application 16/02030/F be refused as the application was contrary to Policy ESD15 of the adopted Cherwell Local Plan 2011-2031 Part 1, saved policies C28, C30 and C33 of the Cherwell Local Plan 1996, and relevant guidance in the National Planning Policy Framework. 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 speaker.

Resolved

That application 16/02030/F be refused for the following reason:

1.            The proposed single storey holiday let accommodation building, by reason of its prominent siting, scale and unsympathetic appearance is considered to be inappropriate development within the context, which will appear as an incongruous feature within the street scene causing undue harm to the character and appearance of the designated Conservation Area, the setting of the public house (a non-designated heritage asset), and disrupting views through to the surrounding valued countryside. The public benefits of this proposal do not outweigh this harm. Therefore the proposed development is contrary to Policy ESD15 of the adopted Cherwell Local Plan 2011-2031 Part 1, saved policies C28, C30 and C33 of the Cherwell Local Plan 1996, and relevant guidance in the National Planning Policy Framework.

Approved, to delegate authority to officers to determine the application once comments have been received from Historic England.

The Committee considered application 16/00541/DISC for the discharge of Condition 5 (programme of work) and Condition 6 (archaeological scheme of investigation) of 16/00043/F at Cherwell District Council, Former Offices, Old Place Yard, Bicester for Cherwell District Council.

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

Resolved

That authority be delegated to officers to determine the application once comments have been received from the County Archaeologist and Historic England.

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.

That Aylesbury Vale District Council be advised that Cherwell District Council raise objections.

Details to be included in the minutes.

The Committee considered application 16/02345/ADJ, a neighbouring authority application for the change of use of the land for the siting of a caravan for residential purposes for 1 No gypsy pitch together with the erection of a stable block and hardstanding ancillary to that use at Land Opposite Red Lion, Little Tingewick, Buckinghamshire.

Cherwell District Council was a consultee on the application which would be determined by Aylesbury Vale District Council

Councillor Corkin proposed that the following comments be raised in addition to those set out in the officers report: the proposal would result in an urbanising effect that would detrimentally impact upon the rural character of Finmere and the surrounding landscape. Councillor Wood Seconded the proposal.

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

Resolved

That Cherwell District Council make the following comments to Aylesbury Vale District Council on application 16/02345/ADJ:

The proposal would result in an urbanising effect that would detrimentally impact upon the rural character of Finmere and the surrounding landscape.

Whilst designated as a Category A settlement Finmere and Little Tingewick have poor sustainability.

In addition, to the following comments:

That Aylesbury Vale District Council, as the determining authority in this case, should be satisfied of the following:

·                         That the development is for gypsies and travellers as defined in Annex 1 of the Planning Policy for Traveller Sites (DCLG 2015);

·                         That the development does not harm the setting or significance of the adjacent Grade II listed Red Lion PH;

·                         That the development does not result in undue harm to highway safety; and

·                         That the visual impacts of the development are, or can be made, acceptable in other respects.