Agenda, decisions and minutes

9. Land South of and Adjoining Bicester Services, Oxford Road, Bicester.

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

Councillor Les Sibley, Disclosable Pecuniary Interest, as a member of Bicester Town Council which was consulted on the application.

Councillor Lynn Pratt, Non Statutory Interest, as a member of Bicester Town Council which was consulted on the application.

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

11. OS Parcel 0005 South Of Hill Farm And North Of West Hawthorn Road, Ambrosden.

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

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

Councillor Lynn Pratt, Non Statutory Interest, as a member of Bicester Town Council which was consulted on the application.

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

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

Recommendation agreed as set out in the exempt report.

The Chairman reported that he had agreed to add one item of urgent business to the agenda.

To confirm as a correct record the Minutes of the meeting of the Committee held on 16 March 2017.

The Minutes of the meeting held on 16 March 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.

2.    The order of the agenda would be changed and the next item confirmed accordingly at the conclusion of each item.

Refused reasons to be set out in the minutes

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 for Clifford Smith and Robert Butcher at Land West Of M40 Adj To A4095, Kirtlington Road, Chesterton.

Matthew Pearson and Andrew Glossop, local residents, addressed the committee in objection to the application.

Philip Brown, agent for the applicant, addressed the committee in support of the application.

Councillor Clarke proposed that application 16/01780/F be approved in line with the officer recommendation. Councillor Heath seconded the proposal. The motion was duly voted on subsequently fell.

Councillor Pickford proposed that application 16/01780/F be refused as the proposal was contrary to Policies ESD13 and ESD15 of the Cherwell local Plan Part 1, saved Policies C8 and C28 of the Cherwell local Plan 1996 and Government advice within the National Planning Policy Framework. Councillor Milne Home seconded the proposal.

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

Resolved

That application 16/01780/F be refused for the following reasons:

1.            The proposed development, by virtue of its siting adjacent to the M40, would be adversely affected by noise, thereby resulting in an unacceptable living environment for the occupiers of the proposed traveller pitches. As such, the development would give rise to "Significant Adverse Effects" on the health and wellbeing of residents of the new development and is considered to be unsustainable, contrary to Policy ESD15 of the Cherwell Local Plan Part 1, saved Policy ENV1 of the Cherwell Local Plan 1996 and Government advice within the National Planning Policy Framework and Noise Planning Practice Guidance.

2.            The proposed development, by virtue of its siting in the open countryside, overall scale and appearance, would have an urbanising effect on the open countryside, and would result in detrimental harm to the rural character and appearance of the area. Thus, the proposal is contrary to Policies ESD13 and ESD15 of the Cherwell local Plan Part 1, saved Policies C8 and C28 of the Cherwell local Plan 1996 and Government advice within the National Planning Policy Framework.

Deferred to allow further negotiations

The Committee considered application 16/02370/F for the erection of 85 dwellings with public open space, associated parking, landscaping, new vehicular accesses and servicing for Bellway Homes Limited And Archstone Ambrosden Limited at Church Leys Field, Blackthorn Road, Ambrosden.

Councillor Wood proposed that application 16/02370/F be deferred to allow further negotiations. Councillor Richards seconded the proposal.

Resolved

That application 16/02370/F be deferred to allow for further negotiations.

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

The Committee considered application 16/01078/F for Bicester Gateway (Kingsmere – Retail) four Class A1 (retail) units, one Class A3 (Café/restaurants) unit, a Class D2 (gym) unit, surface level car parking, access, servicing and associated works for CPG Development Projects Ltd at Land South of and Adjoining Bicester Services, Oxford Road, Bicester.

Luke Raistrick, on behalf of Tesco and Graham Warriner, on behalf of Barton Willmore addressed the committee in objection to the application.

Iain Miller, 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 16/02505/OUT be approved, subject to:

a)               The applicants entering into an appropriate legal agreement to the satisfaction of Oxfordshire County Council to secure financial contributions as outlined above and Countryside and other related parties in varying the pre-existing agreement in respect of 06/00967/OUT

b)               Amendments to the materials proposed requiring the use of natural materials

c)               That delegation be given to officers to make any further minor adjustments to the conditions deemed necessary before final approval

d)             the following conditions:

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

2.               In the case of the reserved matters, application for approval shall be made not 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 final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last reserved matters to be approved.

4.               Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following plans and documents: (These need to be inserted)

5.               Prior to the commencement of the development hereby approved, samples of the materials to be used in the construction of the walls and roofs 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.               Prior to the commencement of the development, full details of the doors and windows hereby approved, at a scale of 1:20 including a cross section, cill, lintel and recess detail 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 hereby approved, a natural stone and brick sample panel (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 development shall be laid dressed and pointed in strict accordance with the stone  ...  view the full minutes text for item 185.

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

The Committee considered application 16/02586/OUT for Phase 1 of the proposed new business park ("Bicester Gateway") comprising up to 14,972 sq m (Gross External Area) of B1 employment based buildings, plus a hotel (up to 149 bedrooms), with associated infrastructure, car parking and marketing boards for Bloombridge LLP at OS Parcel 2200 Adjoining Oxford Road North Of Promised Land Farm, Oxford Road, Bicester.

Richard Cutler, the applicant, addressed the committee in support of the application.

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

Resolved

That application 16/02586/OUT be approved, subject to the following conditions:

1.               No development shall commence on a phase identified within an approved phasing plan until full details of the layout, scale, appearance, access and landscaping (hereafter referred to as reserved matters) of the development proposed to take place within that phase have been submitted to and approved in writing by the Local Planning Authority. 

2.               Prior to the submission of any application for reserved matters approval and notwithstanding any plans submitted as part of this application, a phasing plan covering the entire application site 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 phasing plan and each reserved matters application shall only be submitted in accordance with the terms of the approved phasing plan and refer to the phase it relates to as set out in the approved phasing plan.

3.               In the case of the reserved matters, no application for approval shall be made later than:

 a)       With respect to development identified as Phase 1A on drawing no.   16084 P102, the expiration of one year beginning with the date of this permission.

            b)         With respect to development identified as Phase 1B on drawing no. 16084 P102, the expiration of five years beginning with the date of this permission.

4.               Neither Phase 1A or Phase 1B of the development to which this permission relates shall be begun later than the expiration of two years from the final approval of the reserved matters relating to that phase or, in the case of approval on different dates, the final approval of the last such matter to be approved.

5.               Except where otherwise stipulated by condition, the development shall be carried out strictly in accordance with the following plans and drawings:16084 P101 Rev. P1

6.               All applications for reserved matters approval shall be accompanied by details of the existing ground levels together with proposed finished floor levels of all buildings within that phase. Development in that phase shall thereafter be undertaken in accordance with the ground/floor levels approved as part of a subsequent grant of reserved matters approval. 

7.               Notwithstanding any provisions contained within the Town and Country Planning (General Permitted Development Order) 2015 (and any Order or Statutory Instrument revoking, amending or re-enacting that order), all water, waste, energy and communication related services on the site to serve  ...  view the full minutes text for item 186.

Deferred to allow further negotiations

The Committee considered application 16/02611/OUT for up to 130 dwellings; open spaces for recreation (including children's play spaces and outdoor sports); a sports pavilion; community orchard and allotments; new vehicular and pedestrian access off Blackthorn Road and associated landscaping, parking, engineering works (including ground re-modelling), demolition and infrastructure for Hallam Land Management Ltd at OS Parcel 0005 South Of Hill Farm And North Of West Hawthorn Road, Ambrosden.

Councillor Wood proposed that application 16/02611/OUT be deferred to allow further negotiations. Councillor Richards seconded the proposal.

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

Resolved

That application 16/02611/OUT be deferred to allow further negotiations.

Deferred to allow a formal site visit

The Committee considered application 17/00133/F for the Erection of building to provide an indoor menage for Dr & Mrs N Brener at Rookery Barn, 66 Lower End, Piddington, Bicester, OX25 1QD.

Councillor Clarke proposed that application 17/00133/F be deferred to allow a formal site visit. Councillor Pickford seconded the proposal.

Councillor Richards proposed that a recorded vote be taken. Councillor Milne Home seconded the proposal. A recorded vote was duly taken and Members voted as follows:

Councillor Hughes - For

Councillor Macnamara - Abstain

Councillor Banfield - Abstain

Councillor Beere - Abstain

Councillor Billington - For

Councillor Clarke - For

Councillor Corkin - For

Councillor Heath - For

Councillor Milne-Home - For

Councillor Kerford-Byrnes - For

Councillor Mould - For

Councillor Pickford - For

Councillor Pratt - For

Councillor Reynolds - Abstain

Councillor Richards - For

Councillor Sibley - For

Councillor Wood – For

Resolved

That application 17/00133/F be deferred to allow for a formal site visit,

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

The Committee considered application 17/00257/F for the demolition, internal alterations and extension to an existing bungalow forming 4 bedroom dwelling & garage along with the existing roof raised for Mr & Mrs M Tibbetts at 9 Deers Close, Bodicote, Banbury, OX15 4EA.

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

Resolved

That application 17/00257/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: DDC-2017-440 001; DDC-2017-440 002B; DDC-2017-440 003B; DDC-2017-440 004C; DDC-2017-440 005B; DDC-2017-440 007B; and DDC-2017-440 008B

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

4.               Notwithstanding the approved plans and prior to the first occupation of the development hereby approved, the first floor rooflights in the side (north) elevation of the dwellinghouse and the rear two windows of the box dormer on the side (south) elevation, the shall be fixed shut, other than the top hung opening element, and shall be fully glazed with obscured glass that complies with the current British Standard, and retained as such thereafter.

5.               Notwithstanding the provisions of Classes A, B and C of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 and its subsequent amendments, no new window(s) or other openings, other than those shown on the approved plans, shall be inserted in the first floor walls or roof of the dwelling without the prior express planning consent of the Local Planning Authority.

Report of Head of Development Management

Purpose of report

This report outlines government changes to the designation regime for local planning authorities.

Recommendations

1.1         The meeting is recommended:

To note the report.

Resolved

(1)       That the report be noted.

The Report of Head of Development Management submitted a report which outlined government changes to the designation regime for local planning authorities.

Resolved

(1)       That the report be noted.

Report of Head of Development Management

Summary

This report aims to keep members informed upon applications which have been determined by the Council, where new appeals have been lodged. Public Inquiries/hearings scheduled or appeal results achieved.

Recommendations

The meeting is recommended:

1.1         To accept the position statement.

Resolved

(1)          That the position statement be accepted.

The Head of Development Management submitted a report which informed Members on applications which had been determined by the Council, where new appeals have been lodged, public Inquiries/hearings scheduled or appeal results achieved.

Resolved

(1)          That the position statement be accepted.

Resolved

That under Section 100A of the Local Government Act 1972, the public and press be excluded from the meeting for the following items of business on the grounds that, if the public and press were present, it would be likely that exempt information falling under the provisions of Schedule 12A, Part I, Paragraph 5 would be disclosed to them, and that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

The Head of Development Management submitted an exempt report which updated Members on the status of preparations for this appeal including advice sought from Counsel and consultants. Based on this, Officers sought to understand from Members how they wished to proceed.

Resolved

(1)          That the advice, including the Counsel Opinion, be noted. 

(2)          That Officers be advised to proceed in line with the advice of Counsel (exempt annex to the Minutes as set out in the Minute Book).