Agenda, decisions and minutes

10. Land For Proposed Development At Drayton Lodge Farmhouse, Warwick Road, 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 G A Reynolds, Declaration, as he is Parish Clerk to Drayton Parish Council, but did not make any comment during the consultation of this item.

 

Councillor Tony Ilott, 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.

 

To confirm as a correct record the Minutes of the meeting of the Committee held on 30 May 2019.

The Minutes of the meeting held on 30 May 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.

 

Recommendations agreed as set out in the exempt urgent report

The Chairman reported that he had agreed to add one item of exempt urgent business to the agenda, application 18/02056/OUT - Land North of Merton Road, Ambrosden. The matter had arisen after agenda publication and a decision was required before the next scheduled meeting of the Committee. The item would be taken after the Appeals Progress report and as the item was exempt, Members would be requested to agree to exclude the press and public.

 

 

Report of Assistant Director - Planning and Economy

 

This will be circulated at the meeting.

There were no pre-Committee site visits proposed.

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

The Committee considered application 18/00211/F for a railway embankment stabilisation scheme, including earthwork re-grading, construction of access route and ecological mitigation measures (resubmission of 13/01805/F) at Land at Network Railway Embankment Between Piddington And Blackthorn, Marsh Gibbon Road, Piddington for Network Rail Infrastructure Ltd.

 

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

 

Resolved

 

That authority be delegated to the Assistant Director for Planning and Economy to grant permission for application 18/00211/F, subject to the conditions set out below (and any amendments to those conditions as deemed necessary).

 

CONDITIONS

 

Time Limits

 

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:  [to be confirmed at the planning committee]

 

Noise Mitigation

 

3.              Prior to the commencement of the development, full details of the proposed acoustic barriers, including their position and materials of construction, required as part of the noise mitigation identified in the ES and the Construction Noise Assessment Report dated July 2018 shall be submitted to and approved in writing by the Local Planning Authority. The acoustic barriers shall be installed as approved prior to the works commencing and retained in situ until construction works are complete. Upon completion of the works hereby approved the acoustic barrier shall be removed from the site.

 

Temporary Obstructions

 

4.              No materials, plant, temporary structures or excavations of any kind should be deposited/undertaken on or adjacent to the Public Right of Way that obstructs the public right of way whilst development takes place.

                           

Route Alterations/Public Right of Way

 

5.              The development should be designed and implemented to fit in with the existing public rights of way network. No changes to the public right of way’s legally recorded direction or width must be made without first securing appropriate temporary or permanent diversion through separate legal process. Alterations to surface, signing or structures shall not be made without prior permission by Oxfordshire County Council.

 

6.              No construction/demolition vehicle access may be taken along or across a public right of way without prior written permission and appropriate safety/mitigation measures approved by Oxfordshire county Council

 

7.              No vehicle access may be taken along or across the public right of way to residential or commercial sites without prior written permission and appropriate safety and surfacing measures approved by Oxfordshire county Council.

 

8.              Any gates provided in association with the development shall be set back from the public right of way or shall not open outwards from the site across the public right of way.

 

Archaeology

 

9.              Prior to any demolition and the commencement of the development a professional archaeological organisation acceptable to the Local Planning Authority shall prepare an Archaeological Written Scheme of Investigation, relating to the application site area which shall be submitted to and approved  ...  view the full minutes text for item 25.

Application withdrawn by the applicant.

The Chairman advised that application 18/01852/F had been withdrawn by the applicant.

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

The Committee considered application 18/01882/OUT, an outline application for a residential development, comprising the erection of up to 320 dwellings including affordable housing, together with a local centre of 0.5ha (providing retail and community facilities), landscaping, public open space, playing fields, allotments, access and associated infrastructure land for a proposed development at, Drayton Lodge Farmhouse, Warwick Road, Banbury for Trinity College (Bursar).

 

Chris Ferguson, the agent, addressed the committee in support of the application.

 

In reaching their decision, the Committee considered the case officer’s report and presentation, the comments from the public speaker and the written update.

 

Resolved

 

That authority be delegated to the Assistant Director for Planning and Economy to grant permission for application 18/01882/OUT, subject to:

 

i.                 the conditions set out below (and any amendments to those as deemed necessary)

 

CONDITIONS

 

Time Limit

 

1.              Time limit relating to outline

 

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:  to be inserted]

 

3.              Standard condition 1.9

 

4.              Standard condition 3.7 tree survey

 

5.              Standard condition 3.8 protection of trees

 

6.              Standard condition 3.10 soil levels around trees

 

7.              Thames Water recommended conditions

 

8.              Standard contamination conditions

 

9.              Archaeological conditions re Written Scheme of Investigation

 

10.           OCC transport and drainage conditions as recommended

 

11.           Ecological conditions as recommended by ecologist

 

12.           Design code

 

13.           Levels

 

14.           Soli management plan

 

15.           Management/storage and disposal of spoil

 

16.           Lighting details

 

17.           Scheme for public art

 

18.           Provision of waste and recycling bins

 

19.           Energy efficiency at 19% above building regulations

 

20.           Water efficiency limit of 110 litres per dwelling

 

21.           All utilities to be provided underground

 

22.           Protection of existing trees and hedges except where new access to Warwick road

 

23.           Non-residential buildings to meet BREAM very good

 

24.           Housing mix in accordance with Policy BSC4

 

25.           Noise mitigation measures in respect of Warwick Road

 

26.           Not more than 320 dwellings

 

ii.                the receipt of a satisfactory amended design and access statement and parameter plans

 

iii.              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 30% affordable housing on site

b)       Provision of and commuted sum for open space/habitat management

provision of and commuted sum for on-site sports pitches

c)       Provision of and commuted sum for on-site allotments commuted sum for maintenance of existing trees and hedgerows on site commuted sum for SuDS maintenance provision of and commuted sum for on site play areas and equipment contribution of £267,182.98 toward off-site indoor sports facilities provision of on-site community building/retail facility and commuted sum for maintenance contribution towards community worker on site provision of on-site public art financial contribution to TVP financial contribution of £276,480 to support local primary care infrastructure additional land to south west to be kept clear of built development  ...  view the full minutes text for item 27.

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

The Committee considered application 19/00055/F for 2 new semi-detached dwellings and 1 detached dwelling with associated parking and gardens at Meadow Barn, Merton Road, Ambrosden, Bicester, OX25 2LZ forMr Rhys Oliver

 

Councillor Sames addressed the committee as Ward Member.

 

Dr Mark Johnson, neighbour to the application site, addressed the committee in objection to the application.

 

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

 

Resolved

 

That authority be delegated to the Assistant Director for Planning and Economy to grant permission for application 19/00055/F, subject to the following conditions:

 

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 form;

·         Design and Access Statement by Richard Court Designs submitted with the application;

·         Drawing Numbers: 974-5A; 974-6A; 974-7A; 974-8B; 974-9B and 974-10A  submitted with the application;

 

3.              Reason: For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework.

 

Material Samples

 

4.              Prior to the commencement of the development above slab level, a brick sample panel, to demonstrate brick type, colour, texture, face bond and pointing (minimum 1m2 in size), shall be constructed on site, inspected and approved in writing by the Local Planning Authority. Thereafter, the external walls of the development shown on the approved plans to be brick shall be constructed in strict accordance with the approved brick sample panel and shall be retained as such thereafter.

 

Material Samples

 

5.              Prior to the commencement of the development above slab level, the tiles to be used in the construction of the 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 strict accordance with the samples so approved and shall be retained as such thereafter.

 

Windows, Doors and Rooflights

 

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

 

Parking and Manoeuvring Areas

 

7.              Prior to the first use of the development hereby approved, full specification details (including construction, layout, surface finish and drainage) of the turning and manoeuvring area which shall be provided within the curtilage of the site so that motor vehicles may enter, turn around and leave in a forward direction, shall be  ...  view the full minutes text for item 28.

Refused reasons to be set out in the minutes

The Committee considered application 19/00596/OUT for a residential development of up to 18 dwellings with associated access, internal roads, car parking, public open space, landscaping, drainage and other associated infrastructure Land North of Southfield Farm, North Lane, Weston-on-the Green, Greystoke Land Limited.

 

Diane Bohm, Chairman of Weston-on-the-Green Parish Council addressed the committee in objection.

 

Anthony Crean QC, 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 address of the public speakers.

 

Resolved

 

That application 19/00596/OUT be refused for the following reasons:

 

1.                  The development proposed, by reason of its scale and siting beyond the built up limits of the village, encroachment into the open countryside, and taking account of the Council's ability to demonstrate an up-to-date five year housing land supply, is considered to be unnecessary, undesirable and unsustainable new development that would harm the rural character and setting of the village. The proposal is therefore unacceptable in principle and contrary to Policies ESD13, ESD15 and Villages 2 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance within the National Planning Policy Framework.

 

2.                  The development proposed, by reason of its poor connectivity and links to the existing village and position adjacent to the busy Northampton Road, and the relative lack of facilities within the village, would represent an unsustainable form of development, that would not give future occupiers a realistic choice of travel means.  The proposed development would therefore be contrary to Policies SLE4, ESD1 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in the National Planning Policy Framework which seeks to ensure that new development facilitates sustainable modes of transport and provides opportunities for the use of public transport, walking and cycling.

 

3.                  The submitted Drainage Strategy is inadequate and does not provide sufficient information to demonstrate that a drainage strategy based on Sustainable Urban Drainage Systems has been explored for the site.  The proposal is therefore contrary to Policy ESD7 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in the National Planning Policy Framework.

 

4.                  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. The proposal therefore conflicts with Policies BSC3 and INF1 of the adopted Cherwell Local Plan 2011-2031 Part 1 and Government advice within the National Planning Policy Framework.

Report of Assistant Director Planning and Economy

 

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 Economy 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, in accordance with Section 100A (4) of Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraph 5 of Schedule 12A of that Act

 

The Interim Senior Manager, Development Management submitted an exempt urgent report relating to application 18/02056/OUT - Land North of Merton Road, Ambrosden.

 

Resolved

 

(1)            As set out in the exempt minute