Agenda, decisions and minutes


Planning Committee
Thursday 6 July 2017 4.00 pm

Venue: Bodicote House, Bodicote, Banbury, OX15 4AA

Contact: Aaron Hetherington, Democratic and Elections  Email: aaron.hetherington@cherwellandsouthnorthants.gov.uk, 01295 227956

Webcast: View the webcast

Items
Note No. Item

40.

Declarations of Interest

Members are asked to declare any interest and the nature of that interest which they may have in any of the items under consideration at this meeting

Additional documents:

Minutes:

7. Land South Of Banbury Rise Adj To, Edinburgh Way, Banbury.

 

Councillor Alastair Milne-Home, Declaration, as a member of Banbury Town Council which had been consulted on the application.

 

Councillor Andrew Beere, Declaration, as a member of Banbury Town Council which had been consulted on the application.

 

Councillor Barry Richards, Declaration, as a member of Banbury Town Council which had been consulted on the application.

 

Councillor Colin Clarke, Declaration, as a member of Banbury Town Council which had been consulted on the application.

 

Councillor Surinder Dhesi, Declaration, as a member of Banbury Town Council which had been consulted on the application.

 

8. OS Parcel 4200 Adjoining And North East Of A4095 And Adjoining And South West Of Howes Lane, Bicester.

 

Councillor D M Pickford, Declaration, as a member of Bicester Town Council which had been consulted on the application.

 

Councillor Jolanta Lis, Declaration, as a member of Bicester Town Council which had been consulted on the application.

 

Councillor Les Sibley, Declaration, as a member of Bicester Town Council which had been consulted on the application and local resident.

 

Councillor Lynn Pratt, Declaration, as a member of Bicester Town Council which had been consulted on the application.

 

Councillor Richard Mould, Declaration, as a member of Bicester Town Council which had been consulted on the application.

 

9. OS Parcel 4200 Adjoining & North East Of A4095 And Adjoining And South West Of Howes Lane Bicester.

 

Councillor D M Pickford, Declaration, as a member of Bicester Town Council which had been consulted on the application.

 

Councillor Jolanta Lis, Declaration, as a member of Bicester Town Council which had been consulted on the application.

 

Councillor Les Sibley, Declaration, as a member of Bicester Town Council which had been consulted on the application and local resident.

 

Councillor Lynn Pratt, Declaration, as a member of Bicester Town Council which had been consulted on the application.

 

Councillor Richard Mould, Declaration, as a member of Bicester Town Council which had been consulted on the application.

 

10. 8 Tubb Close, Bicester, OX26 2BN.

 

Councillor D M Pickford, Declaration, as a member of Bicester Town Council which had been consulted on the application.

 

Councillor Jolanta Lis, Declaration, as a member of Bicester Town Council which had been consulted on the application.

 

Councillor Les Sibley, Declaration, as a member of Bicester Town Council which had been consulted on the application.

 

Councillor Lynn Pratt, Declaration, as a member of Bicester Town Council which had been consulted on the application.

 

Councillor Richard Mould, Declaration, as a member of Bicester Town Council which had been consulted on the application.

 

11. St Edburgs Church Of England Voluntary Aided School, Cemetery Road, Bicester, OX26 6BB.

 

Councillor D M Pickford, Declaration, as a member of Bicester Town Council which had been consulted on the application.

 

Councillor Jolanta Lis, Declaration, as a member of Bicester Town Council which had been consulted on the application.

 

Councillor Les Sibley, Declaration, as a member of Bicester Town Council which had been consulted on the application.

 

Councillor Lynn Pratt, Declaration, as a member  ...  view the full minutes text for item 40.

41.

Requests to Address the Meeting

The Chairman to report on any requests to address the meeting.

Additional documents:

Minutes:

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

 

42.

Urgent Business

The Chairman to advise whether they have agreed to any item of urgent business being admitted to the agenda.

Additional documents:

Minutes:

There were no items of urgent business.

43.

Minutes pdf icon PDF 280 KB

To confirm as a correct record the Minutes of the meeting of the Committee held on 15 June 2017.

Additional documents:

Minutes:

The Minutes of the meeting held on 15 June 2017 were agreed as a correct record and signed by the Chairman.

44.

Chairman's Announcements

To receive communications from the Chairman.

 

Additional documents:

Minutes:

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.

 

45.

Amendment of legal agreements for Lincoln Close, Banbury and Coach House Mews, Bicester pdf icon PDF 207 KB

Report of Head of Development Management

 

Purpose of report

 

To enable Members to consider the acceptability of the proposed changes to tenure arrangements of these Build project housing schemes.

 

Recommendations

 

The meeting is recommended:         

 

1.1       To accept the proposed changes to the legal agreement and authorise a deed of variation.

Additional documents:

Decision:

Resolved

 

(1)       That the proposed changes to the legal agreement and authorisation of the deed of variation be accepted.

Minutes:

The Head of Development Management submitted a report which enabled members to consider the acceptability of proposed changes to tenure arrangements to Lincoln Close Banbury and Coach House Mews, Bicester housing schemes.

 

Resolved

 

(1)       That the proposed changes to the legal agreement and authorisation of the deed of variation be accepted.

17/00778/OUT

46.

Land Adj To Manor Farm Barns, Spring Lane, Cropredy pdf icon PDF 176 KB

Additional documents:

Decision:

Deferred to allow for a site visit

Minutes:

The Committee considered application 17/00778/OUT an outline application for the demolition of an existing building and outline planning application for residential development of up to 37 dwellings (Use Class C3) including means of access into the site (not internal roads) and associated works, with all other matters (relating to appearance, landscaping, scale and layout) reserved (Resubmission of 16/01468/OUT) at land adjacent to Manor Farm Barns, Spring Lane, Cropredy for Catesby Estates Ltd.

 

Councillor Reynolds proposed that consideration of application 17/00778/OUT be deferred to allow for a formal site visit.  Councillor Heath seconded the proposal.

 

Resolved

 

That consideration of application 17/00778/OUT be deferred to allow for a formal site visit.

17/00913/F

47.

West Of Homestead, Church Lane, Epwell pdf icon PDF 117 KB

Additional documents:

Decision:

Deferred to allow for a site visit

Minutes:

The Committee considered application 17/00913/F for a proposed Connemara Equestrian Stud with provision for a mobile home sited internally within existing building at West of Homestead, Church Lane, Epwell for Mrs Emma Rugman.

 

Councillor Reynolds proposed that consideration of application 17/00913/F be deferred to allow for a formal site visit. Councillor Milne-Home seconded the proposal.

 

Resolved

 

That consideration of application 17/00913/F be deferred to allow for a formal site visit.

17/00920/F

48.

Land To Rear Of Ladygrass, Church Lane, Weston On The Green pdf icon PDF 127 KB

Additional documents:

Decision:

Deferred to allow for a site visit

Minutes:

The Committee considered application 17/00920/F to replace redundant stables and hay barn with single storey 1 bed cottage at land to the rear of Ladygrass, Church Lane, Weston on the Green for Mr and Mrs Frank Butt.  The application was a resubmission of 16/00954/F

 

Councillor Kerford-Byrnes proposed that consideration of application be deferred for a formal site visit.  Councillor Corkin seconded the proposal.

 

Resolved

 

That consideration of application 17/00920/F be deferred to allow for a formal site visit.

17/00189/F

49.

Land South Of Banbury Rise Adj To, Edinburgh Way, Banbury pdf icon PDF 307 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 17/00189/F a full application for the erection of 319 dwellings, including affordable housing, areas of open space, new vehicular junction onto Bretch Hill and Edinburgh Way and associated infrastructure at Land South of Banbury Rise Adjacent to Edinburgh Way, Banbury for Bloor Homes.

 

Mr Nick Rawlings of Bloor Homes addressed the committee in support of the application.

 

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

 

Resolved

 

That authority be delegated to officers to secure satisfactory amendments to the layout to overcome the design, highway and landscaping issues identified in the officers report and approve planning permission subject to the imposition of planning obligations and conditions (delegated authority should also be given to negotiate and draft the required planning obligations and conditions) and the following:

 

(a)       A 21 day re-consultation on the revised layout and landscape drawings   and the satisfactory resolution of any new or outstanding issues arising through the consultation.

(b)       Delegation of the negotiation of a satisfactory deed of variation to the existing S106 agreement.

(c)       Delegation to the Development Services Manager to negotiate final wording of conditions to include those still applicable from the existing Outline consent.

17-00455-HYBRID

50.

OS Parcel 4200 Adjoining And North East Of A4095 And Adjoining And South West Of Howes Lane, Bicester pdf icon PDF 324 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 17/00455/HYBRID a Hybrid (part full and part outline) application for: (1) Full – the construction of a temporary vehicular and pedestrian access (including footway along Howes Lane), permanent highway works (part of the proposed realigned Howes Lane) and pedestrian link to Howes Lane; (2) Outline - residential development, including landscaping, public open space, vehicular and pedestrian access at OS Parcel 4200 Adjoining and North East of the A4095 and adjoining and South West of Howes Lane, Bicester for Albion Land Two Limited.

 

Stephen Rand and Geoff Wheeler, local residents, addressed the committee in objection to the application.

 

Tim Waring, agent for the applicant had registered to address the committee in support of the application but due to travel delays was unable to attend.  A statement was provided to the Planning Officer which was read out to the Committee.

 

Councillor Sibley proposed that application 17/00455/HYBRID be refused against the officer recommendation as it was contrary to Local Plan policy Bicester 1. Councillor Pickford seconded the proposal.

 

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

 

Councillor Hughes - Against

Councillor Macnamara - Against

Councillor Beere - Against

Councillor Clarke - Against

Councillor Corkin - Against

Councillor Dhesi - Against

Councillor Heath - Against

Councillor Kerford-Byrnes - Against

Councillor Milne-Home - Against

Councillor MacKenzie-Wintle - Against

Councillor Mould - For

Councillor Pickford - For

Councillor Pratt - For

Councillor Reynolds - Against

Councillor Richards - Abstain

Councillor Sibley - For

Councillor Brown - For

Councillor Lis - For

 

The motion fell.

 

Councillor Clarke proposed application 17/00455/HYBRID be approved in-line with the officer recommendation.  Councillor Macnamara seconded the proposal.

 

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

 

Councillor Hughes - For

Councillor Macnamara - For

Councillor Beere - For

Councillor Clarke - For

Councillor Corkin - For

Councillor Dhesi - For

Councillor Heath - For

Councillor Milne-Home - For

Councillor Kerford-Byrnes - For

Councillor MacKenzie-Wintle - For

Councillor Mould - Against

Councillor Pickford - Against

Councillor Pratt - Against

Councillor Reynolds - For

Councillor Richards - Abstain

Councillor Sibley - Against

Councillor Brown - Against

Councillor Lis - Against

 

In reaching its decision the committee considered the officer’s report and presentation, the written update, the address of the public speakers, and the statement from the agent.

 

Resolved

 

That application 17/00455/HYBRID be approved subject to the following requirements:

 

a)           Delegation of the negotiation of a satisfactory S106 agreement to include securing the construction through the application site, and the ability to construct the Strategic Road through land within the control of Albion Land (within application sites 17/00455/HYBRID and 17/01090/OUT) to Officers and; further in accordance with the summary of the Heads of Terms (presented as Appendix A) and subsequent completion of S106 agreement

 

b)           The following conditions with delegation provided to the Head of Development Management to  ...  view the full minutes text for item 50.

17-01090-OUT

51.

OS Parcel 4200 Adjoining & North East Of A4095 And Adjoining And South West Of Howes Lane Bicester pdf icon PDF 201 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 17/01090/OUT an outline application for a development of B1, B2 and B8 (Use Classes) employment buildings, including landscaping; parking and service areas; balancing ponds and swales; and associated utilities and infrastructure. Construction of a new access off Middleton Stoney Road (B4030); temporary access off Howes Lane; internal roads, footways and cycleways at the OS Parcel 4200 adjoining and North East of the A4095 and adjoining and South West of Howes Lane, Bicester for Albion Land Two Limited.

 

Noel Farrer of Farrer Huxley Associates addressed the Committee in objection to the application.

 

Councillor Sibley proposed that application 17/01090/OUT be refused against the officer recommendation as it was contrary to the local plan. Councillor Pickford seconded the proposal.

 

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

 

Councillor Hughes – Against

Councillor Macnamara – Against

Councillor Beere – Against

Councillor Clarke – Against

Councillor Corkin - Against

Councillor Dhesi - Against

Councillor Heath – Against

Councillor Milne-Home – Against

Councillor Kerford-Byrnes – Against

Councillor MacKenzie-Wintle – Against

Councillor Mould – For

Councillor Pickford – For

Councillor – Pratt – For

Councillor Reynolds – For

Councillor Richards – Against

Councillor Sibley – For

Councillor Brown – For

Councillor Lis – For

 

The motion fell.

 

Councillor Clarke proposed application 17/01090/OUT be approved in-line with officer recommendations.  Councillor Dhesi seconded the proposal.

 

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

 

Councillor Hughes – For

Councillor Macnamara – For

Councillor Beere – For

Councillor Clarke – For

Councillor Corkin – For

Councillor Dhesi – For

Councillor Heath – For

Councillor Milne-Home – For

Councillor Keyford-Byrnes – For

Councillor MacKenzie-Wintle – For

Councillor Mould – Against

Councillor Pickford – Against

Councillor Pratt – Against

Councillor Reynolds – Against

Councillor Richards – For

Councillor Sibley – Against

Councillor Brown – Against

Councillor Lis Against

 

In reaching its decision the committee considered the officer’s report and presentation, the written update, the address of the public speakers.

 

Resolved

 

That application 17/01090/OUT be approved subject to the following conditions:

 

a)        Delegation of the negotiation of a satisfactory S106 agreement to include securing the construction through the application site, and the ability to construct the Strategic Road through land within the control of Albion Land (within application sites 17/00455/HYBRID and 17/01090/OUT) to Officers and; further in accordance with the summary of the Heads of Terms (presented as appendix A) and subsequent completion of S106 agreement

 

b)        The following conditions (finalised list following negotiation post Committee):

 

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

2.               In the case of  ...  view the full minutes text for item 51.

17/00585/F

52.

8 Tubb Close, Bicester, OX26 2BN pdf icon PDF 112 KB

Additional documents:

Decision:

Refused, contrary to Officer Recommendations, reasons to be set out in the minutes.

Minutes:

The Committee considered application 17/00585/F for a change of use from one dwelling to a house of multiple occupation at 8 Tubb Close, Bicester OX26 2BN for Ardour Ltd.

 

Janet Citynskyj, Caroline Malloy and Pamala Malendewicz, local residents, addressed the Committee in objection to the application.

 

Councillor Sibley proposed that application 17/00585/F be refused against the officer recommendation as it was contrary to the Cherwell Local Plan with the exact wording for refusal delegated to officers and agreed with the Chairman. Councillor Pickford seconded the proposal.

 

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

 

Resolved

 

That application 17/00585/F be refused for the following reasons:

 

The proposal, by virtue of the number of potential occupants and the greater likelihood of short term occupancy, and greater potential parking requirements, would result in an intensive form of residential use in an area characterised by family housing, and so would fail to integrate with the prevailing character of housing stock in the area and would fail to promote social wellbeing and cohesion. The proposal would therefore be contrary to Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained in the NPPF.

17/00696/OUT

53.

St Edburgs Church Of England Voluntary Aided School, Cemetery Road, Bicester, OX26 6BB pdf icon PDF 128 KB

Additional documents:

Decision:

Withdrawn by applicant

Minutes:

The Chairman advised that application 17/00696/OUT had been withdrawn from the planning process by the applicant.

17/00766/F

54.

Land Adj To Orchard House, Sir Georges Lane, Adderbury pdf icon PDF 112 KB

Additional documents:

Decision:

Withdrawn by applicant

Minutes:

The Chairman advised that application 17/00766/F had been withdrawn from the planning process by the applicant.

17/00803/OUT

55.

OS Parcel 2945 Grange Farm West Of Station Cottage, Station Road, Launton pdf icon PDF 148 KB

Additional documents:

Decision:

Refused, reasons to be set out in the minutes

Minutes:

The Committee considered application 17/00803/OUT an outline application for a residential development of up to a maximum of 70 dwellings, provision of open space, landscaping, access, infrastructure & demolition of outbuildings at OS Parcel 2945 Grange Farm, West of Station Cottage, Station Road, Launton for Richborough Estates.

 

In reaching its decision the Committee considered the officer’s report and presentation and the written update.

 

Resolved

 

That application 17/00803/OUT be refused for the following reasons:

 

1.         Having regard to the District’s strong housing supply and delivery position the proposals would result in an unnecessary development of greenfield land forming part of the open countryside which would result in an unacceptable extension of the village that would harm the character and rural setting of the village 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 application site is located some distance from the centre of the village, this would create a new community isolated from the existing village and services and would place heavy reliance on unsustainable car use to reach even local services within the village such as the school and shop. This lack of connectivity within the existing settlement would result in an isolated form of unsustainable development which would be contrary to Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 as well as Government guidance contained in the National Planning Policy Framework.

 

3.         The proposed development fails to demonstrate that any of the applicable criteria as set out in policy SLE1 of the Cherwell Local Plan 2011-2031 Part 1 have been met and as such would result in the unacceptable loss of employment land. No other planning objectives would outweigh the value of retaining the site in employment use and as such the development would be contrary to policy SLE1 of the Cherwell Local Plan 2011-2031 Part 1.

 

4.         The application and accompanying Illustrative Masterplan(s)/indicative layout submitted fail to adequately take adequate account of the policy requirements for general green open space and outdoor sports provision. As such, the Local Planning Authority is unable to determine whether the quantum of residential development proposed could be satisfactorily accommodated on site in accordance with basic policy requirements whilst also safeguarding areas identified within the application for landscape, ecological and biodiversity enhancements. The proposal therefore fails to accord with the requirements of policies BSC10, BSC11, ESD10, ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government advice within the National Planning Policy Framework.

 

5.         The Design and Access Statement and Illustrative Masterplan(s)/indicative layout submitted as part of application fails to provide sufficient acceptable detail in respect of design principles set as a basis for the future detailed consideration of the development proposed. This includes siting, form, appearance, materials and detailing of the proposed new dwellings. The Local Planning Authority is  ...  view the full minutes text for item 55.

17/00287/DISC

56.

Cherwell District Council, Former Offices, Old Place Yard, Bicester pdf icon PDF 139 KB

Additional documents:

Decision:

Agreed to delegate to officers to determine

Minutes:

The Committee considered application 17/00287/DISC for the discharge of conditions 15 (adjacent railing) and 16 (landscaping scheme) of application 16/00043/F at Cherwell District Council former offices, Old Place Yard, Bicester for Cherwell District Council.

 

In reaching its decision the Committee considered the officer’s report and presentation.

 

Resolved

 

That application 17/00287/DISC be approved and delegated authority be given to officers to approve the application subject to the design of the end panel to the railings being amended and the details of the landscaping scheme being found acceptable, having regard to the comments of the Landscape Officer.

57.

Appeals Progress Report pdf icon PDF 245 KB

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.

 

Additional documents:

Decision:

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.

 

Minutes:

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.