Agenda, decisions and minutes

9. Robert Keith Cars Sales Ltd, 2 Cherwell Street, Banbury, OX16 2BB.

Councillor Andrew Beere, 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.

10. Land To The Rear Of 7 And 7A, High Street, Banbury.

Councillor Andrew Beere, 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.

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 14 March 2019.

The Minutes of the meeting held on 14 March 2019 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.

Report of Assistant Director – Planning and Economy

To be circulated with the written update

There were no pre-Committee site visits proposed.

Refused reasons to be set out in the minutes

The Committee considered application 18/01894/OUT for outline planning permission with all matters reserved for up to 25 dwellings with associated open space, parking and sustainable drainage at OS Parcel 4300 North of Shortlands and South of High Rock, Hook Norton Road, Sibford Ferris for Land & Partners Limited.

Ginny Bennett, Sibford Parish Council and Duncan Chadwick, on behalf of the Sibford Action Group, addressed the committee in objection to the application.

Jonathan Harbottle, the applicants agent, addressed the committee in support to the application.

Councillor Chapman proposed that application 18/01894/OUT be refused as the application is contrary to Policies ESD1, Villages 1 and Villages 2 of the Cherwell Local Plan 2011-2031 Part 1, Saved Policy H18 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. Councillor Webb seconded the proposal.

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

Resolved

That application 18/01894/OUT be refused for the following reasons:

1.                  By reason of its scale and the relative sustainability of Sibford Ferris, and taking into account the number of dwellings already permitted across the Category A villages, and Cherwell District Council's ability to demonstrate a 5 year housing land supply, which exceeds the requirement for a 3 year housing land supply, the proposed development is considered to be unnecessary, disproportionate, undesirable and unsustainable development that would undermine the housing strategy in the Cherwell Local Plan Part 1 which seeks to distribute new housing to the most sustainable locations having regard to such matters as public services and facilities, transport and employment. This would be contrary to Policies ESD1, Villages 1 and Villages 2 of the Cherwell Local Plan 2011-2031 Part 1, Saved Policy H18 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

2.                  By virtue of its extension beyond the built limits of the village on a greenfield site and in an area of Grade 2 (very good) agricultural land and its visual impact on the rural character and appearance of the locality, the proposed development would cause unacceptable harm to the character and appearance of the area, open rural countryside and rural edge of village setting, failing 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 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 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, BSC10 and BSC11 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.  ...  view the full minutes text for item 179.

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

The Committee considered application 18/01569/F for the redevelopment of site for mixed use development comprising 19 apartments, commercial space and associated cycle and bin storage facilities at Robert Keith Cars Sales Ltd, 2 Cherwell Street, Banbury, OX16 2BB for Darlow Hemphill Ltd.

Nathan Maddox, the applicants agent, addressed the committee in support to the application.

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

Resolved

That application 18/01569/F be approved and that authority be delegated to the Assistant Director for Planning and Economy to grant permission, subject to the receipt of statisfactory construction traffic management plan and subject to the conditions set out below (and any amendments to those conditions as deemed necessary) and the 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, to secure the following (and any amendments as deemed necessary):

a) Payment of a financial contribution towards off site sports and recreation provision and community facilities in the locality as outlined at paragraph 9.41.

CONDITIONS

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 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 forms, Noise Assessment (version 2 – 12/3/19), Flood Risk, SUDS and Foul Drainage Assessment (P18-049, dated: 22.03.19) and drawing number 477.LN.001 (Location Plan), 477.LN.002 Rev A (Proposed Block Plan),  477.PL.000 Rev U (Proposed Ground Floor Plan), 477.PL001 Rev V (Proposed First Floor Plan), 477.PL.002 Rev V (Proposed Second Floor Plan), 477.PL.03 Rev U (Proposed Third Floor Plan), 477.PL.005 Rev E (Proposed Roof Plan), 477.PL.200 Rev W (Proposed Front Elevation),  477.PL.201 Rev P  (Proposed Rear Elevation) and 477.PL.202 Rev C (Propose Side Elevations)

Levels

3.         No development shall take place until details of all finished floor levels in relation to existing and proposed site levels and to the adjacent buildings have been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall be constructed in accordance with the approved levels.

Construction Traffic Management Plan

4.         Prior to the commencement of development, a construction traffic management plan shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, construction shall be carried out in accordance with the approved details.

Construction Environmental Management Plan

Prior to the commencement of the development, a Construction Environment Management Plan (CEMP), which shall include details of the measures to be taken to ensure construction works do not adversely affect residential properties on, adjacent to or surrounding the site together with details of the consultation and communication to be carried out with local residents shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with approved CEMP.

Land Contamination Desk Study  ...  view the full minutes text for item 180.

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

The Committee considered application 18/00487/F for a Part three storey, part two storey development of 14 flats with ground floor commercial units, on land to rear on 7 High Street and car parking area to rear accessed from George Street at Land To The Rear Of 7 And 7A, High Street, Banbury for Gigo Leisure Ltd.

Roger Cummings, the applicant’s agent, addressed the committee in support to the application.

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

Resolved

That application 18/00487/F be approved and that authority be delegated to the Assistant Director for Planning and Economy to grant permission, subject to the conditions set out below (and any amendments to those conditions as deemed necessary) and the 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, to secure the following (and any amendments as deemed necessary):

a) Provision of 40% affordable housing on site

b) Payment of a financial contribution towards off site sports, recreation provision and community facilities in the locality as detailed at paragraph 9.40 above.

CONDITIONS

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 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:  TBC

Archaeology

3.       Prior to any demolition and the commencement of the development a Archaeological Written Scheme of Investigation relating to the application site area shall be submitted to and approved in writing by the Local Planning Authority. Following the approval of the Written Scheme of Investigation referred to above, and prior to any demolition on the site and the commencement of the development (other than in accordance with the agreed Written Scheme of Investigation), a staged programme of archaeological evaluation and mitigation shall be carried out by the commissioned archaeological organisation in accordance with the approved Written Scheme of Investigation. The programme of work shall include all processing, research and analysis necessary to produce an accessible and useable archive and a full report for publication which shall be submitted to the Local Planning Authority.

Levels

4.       No development shall take place until details of all finished floor levels in relation to existing and proposed site levels and to the adjacent buildings have been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall be constructed in accordance with the approved levels.

Drainage

5.       Development shall not begin until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro-geological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the  ...  view the full minutes text for item 181.

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

The Committee considered application 19/00010/F for the erection of warehouse extension, and relocation of lorry park and drivers amenity building, together with associated external works at Dcs Group, Rear Pt Lxb Rp No 26, Oceans House, Noral Way, Banbury OX16 2AA for Dcs Group.

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

Resolved

That application 19/00010/F be approved and that authority be delegated to the Assistant Director for Planning and Economy to grant permission subject to receipt of satisfactory amended plans including transport assessment report and subject to the conditions set out below (and any amendments to those conditions as deemed necessary)

CONDITIONS

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 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: Location Plan (1988/602); Proposed Site Plan (1988/604); Proposed Floor Plan (1988/605) and Proposed Elevations (1988/606).

Drainage strategy

3.       Prior to the first occupation of the development hereby approved, the sewage disposal/drainage works to serve it (as shown on drawing no. 2018 – 204 – 100) shall be completed and operational and the development connected thereto.

Sustainable construction

4.       All buildings hereby approved shall be constructed to achieve at least a BREEAM ‘Very Good’ rating based on the relevant BREEAM standard for that building type applicable at the time of the decision.

Travel Plan

5.       The Workplace Travel Plan prepared by David Tucker Associates dated 3rd April 2019 shall be implemented and carried out in accordance with the recommendations set out in Table 3.

6.       The development hereby approved shall be carried out in accordance with the mitigation recommendations set out in sections MM1, MM2, MM3, MM5 and MM6 of the Ecological Appraisal carried out by Aspect Ecology dated March 2019.

Landscape and Ecological Management Plan

7.       Prior to the commencement of the development hereby approved, a Landscape and Ecology Management Plan (LEMP) to include the biodiversity enhancement measures outlined within sections EE1 – EE7 inclusive of the Ecological Appraisal carried out by Aspect Ecology dated March 2019 submitted with the application and to include details of landscaping, planting schedules and ongoing management and funding, 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 LEMP.

Lighting strategy

8.       Prior to the commencement of the development hereby approved, an updated lighting strategy, to include the recommendations outlined within section MM4 of the Ecological Appraisal carried out by Aspect Ecology dated March 2019, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the works shall be carried out in accordance with the approved details.

Construction Environment Management Plan

9.       Prior to the commencement of the development, a Construction Environment Management Plan (CEMP), which shall include details of the  ...  view the full minutes text for item 182.

Refused reasons to be set out in the minutes

The Committee considered application 19/00245/ADV for a retrospective application for 2 No externally illuminated fascia signs (Londis) at Motor Fuel Ltd, Bloxham Service Station, South Newington Road, Bloxham, OX15 4QF for Motor Fuel Group.

Amanda Baxter, a neighbour to the application site, addressed the committee in objection to the application.

Councillor Heath proposed that application 19/00245/ADV be refused as the advertisements are contrary to Policy ESD15 of the Cherwell Local Plan 2011 - 2031 Part 1, Saved Policy ENV1 of the Cherwell Local Plan 1996, Policies BL9, BL10 and BL11 of the Bloxham Neighbourhood Plan 2015 - 2031 and Government guidance contained within the National Planning Policy Framework. Councillor Pickford seconded the proposal.

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

Resolved

That application 19/00245/ADV be refused for the following reason:

1.               The advertisements, by reason of their size, siting and level of illumination would result in harm being caused to the character and appearance of the village of Bloxham and the amenities of the occupiers of Killowen House and 1 Hartshill Close. The advertisements are therefore contrary to Policy ESD15 of the Cherwell Local Plan 2011 - 2031 Part 1, Saved Policy ENV1 of the Cherwell Local Plan 1996, Policies BL9, BL10 and BL11 of the Bloxham Neighbourhood Plan 2015 - 2031 and Government guidance contained within the National Planning Policy Framework.

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

The Committee considered application 19/00082/DISC for the discharge conditions 3 (stone sample), 8 (contamination present) and 9 (scheme of remediation) of 18/00971/F at Park Farm Agricultural Barn, New Street Deddington for Mr & Mrs Bryn Williams.

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

Resolved

That application 19/00082/DISC be approved and that authority be delegated to the Assistant Director for Planning and Economy to approve the details submitted subject to the amendments considered necessary by officers as summarised in the report.

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

The Committee considered application 19/00095/DISC for the Discharge conditions 3 (stone sample) of 18/00972/LB at Park Farm Agricultural Barn, New Street Deddington for Mr & Mrs Bryn Williams.

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

Resolved

That application 19/00095/DISC  be approved and that authority be delegated to the Assistant Director for Planning and Economy to approve the details submitted subject to the amendments considered necessary by officers as summarised in the report.

That authority be delegated to the Assistant Director for Planning and Economy to either:

a.     If the appeal is invalid, refuse planning permission for the reasons outlined in the committee report; OR

b.     If the appeal is valid, to inform PINS that the local planning authority would have refused planning permission for the reasons outlined in the committee report.

The Committee considered application 19/00163/F for the erection of accommodation building and associated ancillary external works to accommodate gas fuelled demand response electric generation facility to support the National Grid Part at Land East And Adj To Roundabout At Junction Of Bicester Road, Launton for Powersun Ltd - Mr I Brent-Smith.

In introducing the report, the Senior Planning Officer referred the committee to the written update and the change of recommendation. The Senior Planning officer explain that in regards to the recent appeal, should it be valid, the LPA would be unable to make a determination on the application, but the Planning Committee should be invited to say what decision they would have reached. If the appeal is invalid and not accepted by PINS, the Committee’s decision would form its determination on the application.  As such the recommendation is changed from ‘refusal’ to the below, depending on whether the appeal turns out to be valid or not.

Simon Turner, on behalf of Launton Parish Council, addressed the committee in objection to the application.

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

That authority be delegated to the Assistant Director for Planning and Economy to either:

a.    If the appeal is invalid, refuse planning permission for the reasons outlined in the committee report; OR

b.    If the appeal is valid, to inform PINS that the local planning authority would have refused planning permission for the reasons outlined in the committee report.

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.

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.