Agenda, decisions and minutes

7. South East Bicester, Wretchwick Way, 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.

8. Caravan Park, Station Approach, Banbury, OX16 5AB.

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

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

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

11. Bicester Heritage, Buckingham Road, Bicester.

Councillor Simon Holland, Declaration, as the applicant was known to him and would therefore not take part in the debate or the vote.

12. Land Adj To Cotwold Country Club And South Of Properties On Bunkers Hill, Shipton On Cherwell.

Councillor Alan MacKenzie-Wintle, Declaration, as the applicant was known to him and would therefore leave the chamber for the duration of the item.

13. Warehouse Car Park And Land At Jacobs Douwe Edberts, Ruscote Avenue, Banbury.

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

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

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

15. OS Parcels 0069 4900 7761 7980 7600 0003 And 3100 North East Of Dewars Farm And East, Ardley Road, Middleton Stoney.

Councillor Les Sibley, Declaration, as a member of the Oxfordshire County Council Planning Committee.

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 20 September 2018.

The Minutes of the meeting held on 20 September 2018 were agreed as a correct record and signed by the Chairman.

To receive communications from the Chairman.

The Chairman made the following announcement:

1.    Under the Openness of Local Government Bodies Regulations 2014,members of the public were permitted to film, broadcast and report on the meeting, subject to the efficient running of the meeting not being affected.

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

The Committee considered application 16/01268/OUT, an outline application with all matters reserved apart from access for residential development including up to 1,500 dwellings, up to 7ha of employment land for B1 and/ or B8 uses, a local centre with retail and community use to include A1 and/ or A2 and/ or A3 and/ or A4 and/ or A5 and/ or D1 and/ or D2 and/ or B1, up to a 3 Form Entry Primary School, drainage works including engineering operations to re-profile the land and primary access points from the A41 and A4421, pedestrian and cycle access, circulation routes, related highway works;  car parking; public open space and green infrastructure and sustainable drainage systems at South East Bicester, Wretchwick Way, Bicester for Redrow Homes/Wates Developments - Mr M Stock & Mr J Tarvit.

John Tarvit, 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 speaker.

Resolved

That application 16/01268/OUT be approved and that authority be delegated to the Assistant Director of Planning Policy and Development to grant planning permission, subject to:

1.                 Continuing negotiations in respect of the highways infrastructure.

2.                 In the event that the highways infrastructure contributions are not resolved satisfactorily then the application will be reported back to committee with a revised recommendation.

3.                 Conditions (the exact conditions and the wording of those conditions to be delegated to the Assistant Director for Planning Policy and Development).

4.                 Completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990, as substituted by the Planning and Compensation Act 1991, in accordance with paragraphs 8.80 and 8.81

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

The Committee considered application 18/00293/OUT, an outline application for the development of car park and caravan park on land to the west of Banbury Railway Station to comprise up to 63 apartments all within Use Class C3; provision of vehicular and cycle parking together with all necessary internal roads and footpaths; provision of open space and associated landscape works; and ancillary works and structures at Caravan Park, Station Approach, Banbury, OX16 5AB for Land Group (Banbury) Ltd.

Stephen Hinsley, agent for the applicant, addressed the committee in support to the application.

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

Resolved

That application 18/00293/OUT be approved and that authority be delegated to the Assistant Director of Planning Policy and Development to grant planning permission, subject to:

a)                No new material considerations being raised by consultees and third parties to the amended plans.

b)                Completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990, as substituted by the Planning and Compensation Act 1991, in accordance with the summary of the Heads of Terms below:

                        i.         Affordable housing as previous UU

                       ii.         Canal towpath  contribution – This matter is still being discussed by the applicant and CRT

                      iii.         Cemetery contribution – as previous formula

                     iv.         Community hall contribution – pro rata increase from previous UU on the basis of 63 units rather than 44

                       v.         Footbridge contribution calculated on basis set out in OCC response

                     vi.         Health and well-being contribution with pro rata increase as above

                    vii.         Public art contribution with pro rata increase as above

                   viii.         Sports facility contribution with pro rata increase as above

                     ix.         Waste contribution with pro rata increase as above

                       x.         Education contribution as revised in latest correspondence

c)                 Conditions relating to the matters detailed below (the exact conditions and the wording of those conditions to be delegated to the Assistant Director for Planning Policy and Development).

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

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

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

4.                 Except where otherwise stipulated by condition, the development shall be carried out in general accordance with the following plans and documents: Application forms, Design and Access Statement dated October 2018, and drawing numbered SKL-01 dated 2.10.18

5.                 The layout of the site shall provide for a 10 metre wide ecological buffer zone measured from the bank  ...  view the full minutes text for item 90.

Refused reasons to be set out in the minutes

The Committee considered application 18/00792/OUT, an outline application (all matters reserved except for access) for the demolition of existing buildings and erection of up to 46 no. dwellings, with associated works and provision of open space Land At Tappers Farm, Oxford Road, Bodicote, Banbury, OX15 4BN for Hollins Strategic Land LLP.

Councillor Adam Hewins, on behalf of Bodicote Parish Council, addressed the committee in objection to the application.

Stephen Harris, agent for the applicant, addressed the committee in support of the application.

Councillor Heath proposed that application 18/00792/OUT be refused as the application would be contrary to Policy Villages 2 and Policy ESD15 of the adopted Cherwell Local Plan 2011-2031 Part 1 and saved Policies C15 and C33 of the adopted Cherwell Local Plan 1996. Councillor Perry seconded the proposal.

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

Resolved

That application 18/00792/OUT be refused for the following reasons:

1.                 Taking into account the number of dwellings already permitted across the Category A villages and Cherwell District Council's ability to demonstrate a 5.4 year housing land supply, which exceeds the requirement for a 3 year housing land supply the proposal is unnecessary and undesirable as it would result in development of an area of open land which is important in distinguishing the settlements of Banbury and Bodicote and would undermine the character and identity of Bodicote. This would be contrary to Policy Villages 2 and Policy ESD15 of the adopted Cherwell Local Plan 2011-2031 Part 1 and saved Policies C15 and C33 of the adopted Cherwell Local Plan 1996.

2.                 In the absence of the completion of a satisfactory Planning Obligation under s106 of the Town and Country Planning Act 1990, the Local Planning Authority is not convinced that the necessary infrastructure directly required to mitigate the impact of this development will be provided. This would not be in the interests of delivering sustainable, mixed and balanced communities by providing affordable housing, appropriate public open space and its future maintenance arrangements, providing adequate health services and community and sports provision, meeting education needs and enhancing sustainable transport options. This would be contrary to Policies INF1, BSC3, BSC7, BSC10, BSC11, BSC12 and SLE4 of the adopted Cherwell Local Plan (2011-2031) Part 1, the Council's Adopted Developer Contributions Supplementary Planning Document (SPD) (February 2018) and the National Planning Policy Framework.

Refused reasons to be set out in the minutes

The Committee considered application 18/01252/F for the erection of 12 floodlights, extension of existing car park, relocation of long jump, and associated landscaping at Dewey Sports Centre, Barley Close, Bloxham, Banbury, OX15 4NJ for Bloxham School.

Councillor McHugh addressed the committee as Ward member.

David Warlow, a local resident, addressed the committee in objection to the application.

Paul Sanderson, Head Teacher of Bloxham School, addressed the committee in support of the application.

Councillor Heath proposed that application 18/01252/F be refused as the proposed development would be contrary to Policies ESD13 and ESD15 of the Cherwell Local Plan 2011 - 2031 Part 1, saved Policy C28 of the Cherwell Local Plan 1996, Policy BL11 of the Bloxham Neighbourhood Plan 2015-2031 and Government guidance contained in the National Planning Policy Framework. Councillor Billington seconded the proposal.

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

Resolved

That application 18/01252/F be refused for the following reason:

1.                 The site is prominent within an attractive and visually sensitive landscape which affords wide-ranging views to Bloxham village. The proposed twelve 12.5m masts with floodlights, due to their siting, scale and illumination, would create a substantial block of light beyond the built confines of the village and highly visible in the landscape.  As such, the proposal would have a visually intrusive impact, harmful to the intrinsic character of the surrounding area. Therefore, and in the absence of sufficient mitigation of the visual harm, the proposed development would be contrary to Policies ESD13 and ESD15 of the Cherwell Local Plan 2011 - 2031 Part 1, saved Policy C28 of the Cherwell Local Plan 1996, Policy BL11 of the Bloxham Neighbourhood Plan 2015-2031 and Government guidance contained in the National Planning Policy Framework.

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

The Committee considered application 18/01253/F for the erection of a hotel and conference facility with associated access, parking, and landscaping at Bicester Heritage, Buckingham Road, Bicester for Bicester Heritage Ltd.

Councillor Jane Nisbet, on behalf of Caversfield Parish Council, addressed the committee in objection to the application.

Dan Geoghegan, the applicant, addressed the committee in support of the application.

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

Resolved

That application 18/01253/F be approved and that authority be delegated to the Assistant Director for Planning Policy and Development to grant planning permission subject to:

1.                 continuing negotiations in respect of the highways infrastructure, in particular the strategic transport contribution and the provision of bus stops.

2.                 in the event that the highways infrastructure contributions are not resolved satisfactorily then the application will be reported back to committee with a revised recommendation.

3.                 to receive and review an amended energy statement either prior to determination or via a planning condition.

4.                 Completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990, as substituted by the Planning and Compensation Act 1991, in accordance with the summary of the Heads of Terms set out below;

·            Strategic Transport Contribution in connection with Policy BIC 1 of the Local Transport Plan 4 in respect of the dualling of the eastern perimeter route and Skimmingdish Lane section (amount to be agreed);

·            £2,180 for Public Transport Infrastructure – for 2 x bus stop flags and case units (to be agreed);

·            £5,200 for an amendment to the Traffic Regulation Order for a reduction in the speed limit on Buckingham Road and a mandatory left-turn egress from the hotel entrance;

·            £2,040 for Travel Plan monitoring

·            An obligation to enter into a S278 agreement with Highways

·            S106 Monitoring fees

5.                 Conditions relating to the matters detailed below (the exact conditions and the wording of those conditions to be delegated to the Assistant Director for Planning Policy and Development).

General

1.             Time limit – 3 years

2.             Approved plans

3.             Restriction of let of aparthotel rooms to a maximum of 1 month

Design

4.             *Finish floor levels (on grounds of visual impact and surface water flooding mitigation)

5.             *Schedule of materials (including samples)

6.             *Architectural detailing

7.             *Further details of the expanded wire mesh cladding

8.             Details as to how the Scheduled Monument on the western boundary will be better revealed and its boundary treatment and also how the northern Scheduled Monument will be preserved within the newly created area of track

9.             Boundary treatment (if required) details to be submitted

10.          Details of the design of the roof screen to the plant and equipment area on the roof

11.          Lighting strategy which also must take into account the recommendations in the ecology assessment and to minimise light pollution

12.          Signage strategy

Trees and Landscaping

13.          Landscaping scheme – hard and soft details – evergreen

          species, tree pit detailing

14.          Landscape  ...  view the full minutes text for item 93.

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

The Committee considered application 18/01491/OUT, an outline application for the demolition of an existing club house, bowling club pavilion and ancillary store for the erection of 10 no. dwellings and access improvements (further to outline planning permission 14/02132/OUT, dated 8 April 2016) and having a lesser proposed cumulative floor area than that permission at Land Adj to Cotswold Country Club and South of Properties on Bunkers Hill, Shipton On Cherwell for Keble Homes Limited.

David Duthie, a local resident, addressed the committee in objection to the application.

Julian Philcox, agent for the applicant, addressed the committee in support of the application.

Resolved

That application 18/01491/OUT be approved and that authority be delegated to the Assistant Director of Planning Policy and Development to grant planning permission, subject to:

 i.                  Completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990, as substituted by the Planning and Compensation Act 1991, in accordance with the summary of the Heads of Terms set in para 8.26 and 8.27 and;

ii.                  Conditions relating to the matters detailed below (the exact conditions and the wording of those conditions to be delegated to the Assistant Director for Planning Policy and Development).

iii.                  The following conditions:

Submission of Reserved Matters

1.                 No development shall commence until full details of the layout, scale, appearance and 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.

Commencement of Development

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.

Compliance with Approved Plans

4.                 Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the application form and the following plans and documents: 392/17/PL1001 rev D, 392/17/PL1002 rev K, 392/17/PL1003, 392/17/PL1004 rev D , Design and Access Statement, Flood Risk Assessment, Preliminary Ecological Appraisal dated 5 January 2018 prepared by Cotswold Wildlife Surveys, and Transport Statement dated February 2018 prepared by HVJ Transport Ltd.

Pre-commencement Finished Floor Levels

5.                 Prior to the commencement of the development hereby approved, a plan showing full details of the finished floor levels in relation to existing and proposed site levels for the proposed dwellings shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved finished floor levels plan.

Pre-commencement Arboricultural Method Statement

6.                 Prior to the commencement of the development hereby approved, an Arboricultural Method Statement (AMS), undertaken in accordance with BS:5837:2012 and all subsequent amendments and revisions shall be submitted to and approved in writing by the Local Planning Authority.  ...  view the full minutes text for item 94.

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

The Committee considered application 18/01246/F for the shange of use of premises from B8 to B1c/B2/B8, including internal and external alterations, demolition of ancillary structures and new access to Southam Road at Warehouse Car Park and Land At, Jacobs Douwe Edberts, Ruscote Avenue, Banbury for Paloma Capital And Graftongate.

James Hicks, 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 presentation of the public speaker.

Resolved

That application 18/01246/F be approved subject to the following conditions:

Full Application: Duration Limit

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.

Compliance with Approved Plans

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: Design and Access Statement, Flood Risk Assessment prepared by T R Collier and Associates Ltd, Air Quality Assessment dated June 2018 prepared by Vanguardia Ltd, Transport Assessment dated 11 April 2018 prepared by David Tucker Associates and the following Drawing Nos:16038 P001 Rev B, P002 Rev A, P003 Rev U, P004 Rev B, P006 Rev L, P008 Rev F, P009 Rev D, P0010 Rev J, P011 Rev A, P012 Rev A, P013 Rev A, P014 Rev A, P015 Rev A, P016 Rev A, P017 Rev A, P018 Rev A, P020 Rev A, B3231/E/3231, 2819_T, SK007 Rev B and 19519 - 03.

Erection of Boundary Fence

3.                 Prior to the first use of the building the boundary fence shown green on drawing No. 16083 P010 Rev J along the southern and western boundaries of the site shall be erected and retained as approved thereafter.

Car Parking and Cycle Parking Detail

4.                 Prior to the first use of the building full specification details (including construction, layout, surfacing and drainage) of the car and cycle parking shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the building, car parking and cycle parking shall be constructed in accordance with the approved details and shall be retained for the parking of vehicles and bicycles at all times thereafter.

Provision of a Pedestrian Walkway within the Site

5.                 Prior to the first occupation of the building details of a pedestrian walkway serving the cycle parking within the site shall be submitted to and approved in writing by the Local Planning Authority.  Thereafter, and prior to the first occupation of the development, the pedestrian walkway shall be completed in accordance with the approved details and shall be retained thereafter.

Travel Plan

6.                 Prior to the first occupation of the development hereby approved, a Travel Plan, prepared in accordance with the Department of Transport's Best Practice Guidance Note "Using the Planning Process to Secure Travel Plans" and its subsequent amendments, shall be submitted to and approved in writing by the Local  ...  view the full minutes text for item 95.

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

The committee considered application 18/01555/F for a new agricultural building, extension to silage clamp, works to existing bund and screen planting (re-submission of application 18/00189/F) at Stourwell Barn, Swalcliffe, Banbury, OX15 5EX for Mr & Mrs Taylor.

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

Resolved

That application 18/01555/F be approved and that authority be delegated to the Assistant Director of Planning Policy and Development to grant planning permission, subject to the conditions set out below (and any amendments to those conditions as deemed necessary):

Time Limit

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.

Compliance with Approved Plans

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: Application form, Planning Design and Access Statement (dated August 2018), Environmental Desk Study and Preliminary Risk Assessment report prepared by Apple Environmental (dated April 2018), Landscape and Visual Appraisal report prepared by Crestwood Environmental Ltd (dated 28 August 2018) and drawings numbered: 3210-S1, 3210-A.02.6, 3210-A.02.7, 3210-A.02.9 and 3210-A.02.10.

Surface Water Drainage Scheme

3.                 No development shall take place until a full surface water drainage scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of the size, position and construction of the drainage scheme and results of soakage tests carried out at the site to demonstrate the infiltration rate and future management plan. The Surface Water Drainage scheme should, where possible, incorporate Sustainable Drainage Techniques in order to ensure compliance with the Flood and Water Management Act 2010. The development shall be carried out in accordance with the approved details prior to the first use of the development hereby approved and shall be maintained in accordance with the management plan thereafter.

Schedule of Materials for the building

4.                   Notwithstanding the details submitted, prior to the commencement of the development hereby approved above slab level, a schedule of materials and finishes for the external walls and roof of the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved schedule and shall be retained as such thereafter.

Submission of Landscaping Scheme

5.                 Notwithstanding the details submitted, prior to the first use of the development hereby approved, a detailed 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 existing trees and hedgerows to be retained as well as those to be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any  ...  view the full minutes text for item 96.

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

The Committee considered application 18/01610/CM, a Section 73 application for the continuation of development permitted under 15/01660/CM (MW.0123/15) (for the winning and working of limestone and clay at Dewars Farm as an extension to Ardley Quarry) without complying with conditions 1 and 2, to allow the quarry to continue operating beyond 2020, to permit working until 2028 and restoration by 2029 at OS Parcels 0069 4900 7761 7980 7600 0003 And 3100 North East Of Dewars Farm And East Ardley Road, Middleton Stoney for Smith And Sons (Bletchington) Ltd. Cherwell District Council was a consultee on the application which would be determined by Oxfordshire County Council.

In reaching their decision, the committee considered the officer’s report and presentation.

Resolved

That having noted that Officers have considered the overall benefits of the proposals against the harm having regard to the development plan and other material considerations and have concluded that the proposal can be supported, and that Cherwell District Council should therefore raise no objection to the development, Oxfordshire County Council be advised that Cherwell District Council raises no objection to the proposal. The reasons for reaching this conclusion are summarised below:

1.               Government guidance contained within the NPPF and PPG attaches great weight to the benefits of mineral extraction and encourage flexibility with timings in order to prevent minerals from becoming sterilised.

2.               Whilst the temporary harm to the visual amenities of the area would be extended, the ultimate restoration of the site would continue to be secured via planning condition.

3.               The Environmental Protection Team has no comments to make regarding the scheme and the impact upon environmental pollution and residential amenity is therefore considered acceptable.  Previous planning conditions relating to the prevention of environmental pollution would continue to apply. 

Report of Assistant Director for Planning Policy and Development

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.

The Assistant Director for Planning Policy and Development 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.

The Assistant Director for Planning Policy and Development 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.