Agenda, decisions and minutes

7. Co-op, 26 High St, Kidlington.

Councillor Alan MacKenzie-Wintle, Non Statutory Interest, as a member of Kidlington Parish Council which had been consulted on the application.

Councillor Nigel Simpson, Non Statutory Interest, as a member of Kidlington Parish Council which had been consulted on the application.

8. 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 was consulted on the application.

Councillor Andrew Beere, Non Statutory Interest, as a member of Banbury Town Council which was consulted on the application.

Councillor Barry Richards, Non Statutory Interest, as a member of Banbury Town Council which was consulted on the application.

Councillor Colin Clarke, Non Statutory Interest, as a member of Banbury Town Council which was consulted on the application.

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

12. Farima Properties, Mercia House, 51 South Bar Street, Banbury.

Councillor Andrew Beere, Non Statutory Interest, as a member on Banbury Town Council which was consulted on the application.

Councillor Barry Richards, Non Statutory Interest, as a member on Banbury Town Council which was consulted on the application.

Councillor Colin Clarke, Non Statutory Interest, as a member on Banbury Town Council which was consulted on the application.

14. 33 Waller Drive, Banbury, OX16 9NS.

Councillor Andrew Beere, Declaration, as the applicant was known to him and would leave the meeting for the duration of the item.

Councillor Barry Richards, Declaration, as the applicant was known to him and would leave the meeting for the duration of the item.

Councillor Hannah Banfield, Declaration, as the applicant was known to her and would leave the meeting for the duration of the item.

Councillor Les Sibley, Declaration, as the applicant was known to him and would leave the meeting for the duration of the item.

15. Fairway Methodist Church, The Fairway, Banbury.

Councillor Andrew Beere, Non Statutory Interest, as a member on Banbury Town Council which was consulted on the application.

Councillor Barry Richards, Non Statutory Interest, as a member on Banbury Town Council which was 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, Declaration, as a member on Banbury Town Council which was consulted on the application and a seperate 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 Hannah Banfield, Non Statutory Interest, as a member on Banbury Town Council which was 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  ...  view the full minutes text for item 147.

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 19 January 2017.

The Minutes of the meeting held on 19 January 2017 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 15/01872/F for the erection of new buildings off Sterling Road Approach to contain 44 x 2 bedroom flats, the conversion of offices above existing retail store to form 8 x 2 bedroom flats, and alterations to existing retail store including the construction of new accesses, car parking, service and turning areas and landscaping at Co-op, 26 High Street, Kidlington for Midcounties Cooperative Society and Cantay Estates Ltd.

Councillor Carmen Griffiths addressed the committee as local Ward member.

David Betts, a Kidlington Parish Council Councillor, addressed the committee in objection to the application.

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

Resolved

That application 15/01872/F be refused, for the following reasons:

1.            The proposed development is contrary to Policy Kidlington 2 of the adopted Cherwell Local Plan 2011-2031 and the aspirations of the recently adopted Kidlington Framework Masterplan supplementary planning document in that it does not allow for the meeting of the objectives and aspirations of the latter document for the strengthening of the village centre through use of mixed use redevelopment opportunities and through improving connectivity between areas of the village centre, and consequently does not contribute significantly to the regeneration of the village centre as required by Policy Kidlington 2

2.            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 the site, including the provision of appropriate affordable housing, will be provided. Therefore the proposal would be contrary to Policies INF1, BSC3, BSC10 and BSC11 of the adopted Cherwell Local Plan 2011-2031 and the advice contained in the National Planning Policy Framework

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

The Committee considered application 16/01210/F for the erection of 20 No. houses, associated highways access and parking at OS Parcels 4083 And 6882 Adjoining and North of Broken Furrow, Warwick Road, Banbury for Persimmon Homes Ltd.

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

Resolved

That application 16/01210/F be approved, subject to:

(i)            no new issues being raised in response to public consultation finishing on 9 March 2017

(ii)          an appropriate Section 106 agreement

(iii)         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: “P.0918_59 Rev H” (Site layout), “P.0918_60 Rev C”, “P.0918_61 Rev B” (site location plan), “P.0918_62 Rev C” (Enclosures), “P0918_64B” (Garages), “P.0918_65A” (Enclosure details), “P.0918_63D-1”, “P.0918_63D-2“P.0918_63D-3”, “P.0918_63D-4”, “P.0918_63D-5”, “P.0918_63D-6” and “P.0918_63D-7”.

3.               Notwithstanding the details submitted, the walls providing means of enclosure to new Plots 1, 9, 10 and 15 shall be laid in English Garden Wall bond.

4.               Notwithstanding the plans hereby approved, no development shall commence above slab level on the respective plots (namely new plots 15-18 inclusive) until a sample of the slate to be used in the construction of the roofs of the plots stated in approved drawing “P.0918_60 Rev C” (Materials Plan) to have natural slate roofs has been submitted to and approved in writing by the Local Planning Authority.  Thereafter the development shall be carried out fully in accordance with the samples so approved.

5.               Notwithstanding the details submitted, no development shall commence above slab level until a revised schedule of external surfaces (including facing brick and roof tile) has been submitted to and approved in writing by the local planning authority Thereafter the development shall be carried out fully in accordance with the samples so approved.

6.               Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking or re-enacting or amending those Orders with or without modification), no development with Part Classes A - E (inclusive) shall take place on the dwellinghouses hereby permitted or within their curtilage.

7.               Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking or re-enacting or amending those Orders with or without modification), no additional windows, doors or any other openings shall be inserted at first floor level or above in the any of the dwellings of hereby approved.

8.               Before the respective dwelling is first occupied the first floor side-facing openings to Plots 6, 8, 16 and 18 and the first floor rear-facing openings to Plots 1, 5, 9, 13, 14 and 15 shown to serve a ‘landing’ shall be glazed with obscure glass (at least Level 3) only and fixed with a ventilation stay restricting the opening of the window to no more than  ...  view the full minutes text for item 153.

Deferred, to await the submission of an Air Quality assessment and its consideration.

The Committee considered application 16/01780/F for the change of use of land to use as a residential caravan site for 8 gypsy families, each with two caravans and an amenity building. Improvement of existing access, construction of driveway, laying of hard standing and installation of package sewage treatment plant at Land West Of M40 adj To A4095, Kirtlington Road, Chesterton for Clifford Smith and Robert Butcher.

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

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

Resolved

That application 16/01780/F be deferred, to await the submission of an Air Quality assessment and its consideration.

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

The Committee considered application 16/01979/F for the erection of 43 No dwellings, a new community hall, associated infrastructure and two vehicular accesses from Main Street on land west of Garners House, Main Street, Great Bourton at Land to the West Of Garners House, Main Street, Great Bourton for Hayfield Homes Ltd and Mr and Mrs Townsend .

Tim Brooks and Steven Warr, neighbours to the application site, addressed the committee in objection to the application.

Peter Frampton, 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 address of the public speakers.

Resolved

That application 16/01979/F be approved, subject to

1.               The development to which this permission relates shall be begun not later than the expiration of one year 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, [Documents and drawing numbers need to be added]

3.               Prior to the commencement of the development hereby approved, a stone sample panel (minimum 1m2 in size) shall be constructed on site in natural ironstone, which shall be inspected and approved in writing by the Local Planning Authority. Thereafter, the external walls of the plots identified on drawing number 100 Rev A as being constructed from stone and the Community Hall shall be laid, dressed, coursed and pointed in strict accordance with the approved stone sample panel.

4.               Prior to the commencement of the development hereby approved, a brick sample panel, to demonstrate brick type, colour, texture, face bond and pointing (minimum 1m2 in size) shall be constructed on site, which shall be inspected and approved in writing by the Local Planning Authority. Thereafter, the external walls of the plots identified as being constructed from brick on drawing number 100 Rev A shall be constructed in strict accordance with the approved brick sample panel.

5.               Prior to the commencement of the development hereby approved, samples of the tile and slate to be used in the construction of the roofs of the development, the distribution of which is indicated on drawing number 100 Rev A 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.               Prior to the commencement of the development, full details of the doors and windows hereby approved, at a scale of 1:20 including elevations, vertical and horizontal cross sections, cill, lintel and recess detail, materials and colour/finish, shall be submitted to an approved in writing by the Local Planning Authority. Thereafter the doors and windows shall be installed within the building in accordance with the approved details.

7.               Prior to the commencement of the development, full details of the eaves and verge details of the dwellings and garages shall be submitted to and approved in writing by the Local Planning Authority. The  ...  view the full minutes text for item 155.

Refused reasons to be set out in the minutes

The Committee considered application 16/02295/OUT, an outline application for the erection of 10 No dwellings at land South West of Woodbank, Mill for Mr E & G King.

Helen Macbeth, Deputy Chair of Kirtlington Parish Council, addressed the committee in objection to the application.

Paul Brailsford, agent for the applicant and Keith Neill Smith, the architect for the applicant, addressed the committee in support of the application.

Councillor Macnamara proposed that application be refused as it would be contrary to Policies ESD13, ESD15 and Villages 2 of the Cherwell Local Plan (2011-2031) Part 1, saved Policies C8 and C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. Councillor Wood seconded the proposal.

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

Resolved

That application 16/02295/OUT be refused for the following reasons:

1.            The development proposed, by reason of its poorly integrated relationship with existing built development and its extension beyond the built limits of the village, would cause significant and unacceptable harm to the historic linear form of the village and the rural landscape setting of the village as experienced by local residents, visitors and users of Mill Lane and the existing Public Right of Way which runs through and within close proximity to the site. The development would detract from the area's established character and would fail to reinforce local distinctiveness. The proposal is therefore contrary to Policies ESD13, ESD15 and Villages 2 of the Cherwell Local Plan (2011-2031) Part 1, saved Policies C8 and C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

2.            In the absence of adequate detail of how the footpath link from the site to Hatch Way would be provided it has not been demonstrated that the development would not have an unacceptable impact upon the three Beech trees protected by TPO, and so the proposed development would potentially have a detrimental impact upon the health and amenity value of these trees and the rural character and visual amenities of the area. The development therefore fails to comply with Policies ESD13 and ESD15 of the Cherwell Local Plan (2011-2031) Part 1, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained 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 supporting the sustainability of the village and the development, and in the interests of safeguarding public infrastructure and securing on site future maintenance arrangements, will be provided. This would be contrary to Policies INF1, PSD1, SLE4, ESD1, BSC11 and Villages 2 of the Cherwell Local Plan (2011-2031) Part 1 a

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

The Committee considered application 16/02363/F for the conversion of an existing office building to form 10 No residential apartments with new aluminium windows to rear building, painting existing East façade off white,  some alterations to existing windows on South and West Elevations and bin storage and cycle storage areas at Farima Properties, Mercia House, 51 South Bar Street, Banbury for Farima Properties. The application was a resubmission of 16/00120/F.

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

Resolved

That application 16/02363/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 details provided by the following plans and documents:

•           Application Form submitted with the application;

•           Design and Access Statement (Ref: WG299-DaS Rev A – October 2016) by Walker Graham Architects submitted with the application; and

•           Drawing Numbers: WG299-001; WG299-003 Revision J; WG299-004 Revision H; WG299-005 Revision D; WG299-010; WG299-011; and WG299-016 submitted with the application.

3.               Prior to the installation of the wall mounted lights hereby approved, full details of the design, appearance, luminance and siting of the proposed wall mounted lights 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.               Notwithstanding the details shown on the approved plans, prior to the commencement of the development of the bin storage area hereby approved, full details of the design, appearance, materials and siting of the bin storage 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.

5.               Notwithstanding the details shown on the approved plans, prior to the commencement of the development of the cycle storage hereby approved, full details of the design, materials, appearance and siting of the cycle storage 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.

6.               Prior to the commencement of the development, full details of the new and altered doors, windows and roof lights hereby approved, at a scale of 1:20 including a cross section, cill, lintel and recess detail and colour/finish, shall be submitted to and approved in writing by the Local Planning Authority.  The doors, windows and rooflights shall be installed within the building in accordance with the approved details and retained as such thereafter.

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

The Committee considered application 16/02442/LB for the opening the rear wall of the fireplace to link two rooms Duke of Cumberlands Head, Main Street, Clifton, Banbury, OX15 0PE for Mr Tim Catling.

Councillor Bryn Williams addressed the committee as Ward member.

Mrs Rebecca Catling, the applicant and David Rogers, Chairman of Deddington Parish Council, addressed the committee in support of the application.

Councillor Heath proposed that application 16/02442/LB be approved, subject to conditions to be delegated to officers. Councillor Richards seconded the proposal.

In reaching their decision, the committee considered the officers report, presentation and the presentation of the local Ward member and the address of the public speakers.

Resolved

That application 16/02442/LB be approved, subject to the following condtions:

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, Heritage Statement ('Statement of Historic Significance') and with drawings numbered: JEW-00545883; 1250/2 Rev C; and 'Photo 1.0 (as labelled by the LPA).

3.            Prior to the commencement of the development hereby approved, full details of the lintel, including the type of wood and its finish, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.

4.            All work of demolition of any part of the building shall be carried out by hand methods only and without the use of machinery.

5.            Any remedial stonework necessary for the repair or making good of the walls shall be carried out in natural stone 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.

Refused reasons to be set out in the minutes

The Committee considered application 16/02499/F for a single storey front and side extension and two storey rear extensions 33 Waller Drive, Banbury, OX16 9NS for Mr and Mrs B Dhesi.

Robert Gough, neighbour, addressed the committee in objection to the application.

Councillor Clarke proposed that application 16/02499/F be refused as the proposal would result in overdevelopment of this site which would be detrimental to the character and appearance of this residential area and harmful to the residential amenities of adjacent properties. Councillor Heath seconded the proposal.

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

Resolved

That application 16/02499/F be refused for the following reasons:

1.               The proposal would result in an overly large extension that by reason of its siting and design would represent an overdevelopment of this site which would be detrimental to the character and appearance of this residential area and harmful to the residential amenities of adjacent properties. As such the proposal would be contrary to Policy ESD 15 of the adopted Cherwell Local Plan 2011- 2031 and saved policies C28 and C30 of the Cherwell Local Plan 1996.

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

The Committee considered application 17/00010/NMA for an amendment to the previously application 13/01153/CDC - Area hatched on drawing 007/06 rev E to be 600x600x50mm grey concrete paving slabs with 10mm gap filled with pea shingle for drainage of surface water and there would also be a planted border against the church elevation at Fairway Methodist Church, The Fairway, Banbury for Trustees For Methodist Church Purposes

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

Resolved

That Cherwell District Council, as Local Planning Authority, hereby approves application 17/00010/NMA for the non-material amendments described in the application in accordance with drawing numbers: 007/06 E.

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

The Committee considered application 17/00030/DISC for the discharge of condition 4 (waterproof membrane) of 16/00936/LB at Bodicote Housem White Post Road, Bodicote, Banbury for Baily Garner.

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

Resolved

That in accordance with details contained within document titled: ‘Specification of Works’ 27527 Rev B (18/01/2017). The development shall then be carried out fully in accordance with the approved details.

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.