Agenda, decisions and minutes

9. 60-62 Broad Street, Banbury, OX16 5BL.

Councillor Andrew Beere, 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.

10. Kings End Antiques, Kings End, Bicester OX26 2AA.

Councillor Les Sibley, 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.

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 18 December 2019.

The Minutes of the meeting held on 18 December 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.

There were no items of urgent business.

Report of Assistant Director - Planning and Development

This will be circulated at the meeting.

There were no proposed Committee Site Visits.

It was proposed by Councillor Sibley and seconded by Councillor Broad that

Consideration of application 19/02311/OUT, Kings End Antiques, Kings End, Bicester OX26 2AA, which was on the agenda for the meeting, be deferred for a site visit to enable Members to understand the traffic and air quality problems. On being put to the vote, the proposal was lost, and the motion subsequently fell.

Refused, reasons to be set out in the minutes.

The Committee considered application 19/00963/OUT which was the resubmission of application 17/02394/OUT, an outline application for permission for up to 40 dwellings with associated landscaping, open space and vehicular access off Berry Hill Road (all matters reserved other than access) at OS Parcel 9100 Adjoining and East of Last House Adjoining and North of Berry Hill Road Adderbury for Hollins Strategic Land LLP.

Matthew Symons, Agent for the applicant, addressed the Committee in support of the application.

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

Resolved

(1)      That application 19/00963/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, in open countryside and taking into account the number of dwellings already permitted in Adderbury, with no further development identified through the Adderbury Neighbourhood Plan 2014-2031, is considered to be unnecessary, undesirable and unsustainable development. The site itself is in an unsustainable location on the edge of the village, distant from local services and facilities and would result in a development where future occupiers would be highly reliant on the private car for day to day needs. The proposal is therefore unacceptable in principle and contrary to Policies ESD1, BSC1, SLE4 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       The development proposed, by virtue of its poorly integrated relationship with existing built development, its extension beyond the built limits of the village (beyond the Adderbury Settlement Boundary as defined in the Adderbury Neighbourhood Plan 2014 - 2031) causing significant urbanisation and its visual impact on the rural character, appearance of the locality and local settlement pattern, would cause unacceptable harm to the character and appearance of the area and the rural setting of the village and would fail 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 Policies C8, C27, C28 and C33 of the Cherwell Local Plan 1996, Policy AD1 of the Adderbury Neighbourhood Plan - 2014 - 2031 and Government guidance contained within the National Planning Policy Framework.

3       In the absence of the completion of a satisfactory S106 Planning Agreement, the Local Planning Authority is not convinced that the necessary infrastructure directly required both on and off site as a result of this development, in the interests of safeguarding public infrastructure, mitigating highway safety concerns, delivering mixed and balanced communities by the provision of affordable housing and securing on site future maintenance arrangements will be provided. This would be contrary to Policy INF1, PSD1, BSC2, BSC9, BSC11 and ESD7 of the adopted Cherwell Local Plan (2011-2031) Part 1 and the advice within the National Planning Policy Framework.

Approved, conditions to be set out in the minutes.

The Committee considered application 19/01675/F for alterations to a building and change of use to form a retail unit at the front at ground floor level and two office units at the rear at ground floor level and the provision of 12 No, self-contained dwellings at first, second and third floor level at 60-62 Broad Street Banbury, OX16 5BL for Novika Limited.

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

Resolved

(1)      That authority be delegated to the Assistant Director Planning and Development to grant permission for application 19/01675/F subject to the following conditions (and any amendments to those conditions as deemed necessary):

CONDITIONS

Compliance with Plans

1.     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 (GAL 273 (PC) 100); Proposed Ground Floor Plan (GAL 273 (PC) 110); Proposed First Floor Plan (GAL 273 (PC) 111); Proposed Second Floor Plan (GAL 273 (PC) 112); Proposed Third Floor Plan (GAL 273 (PC) 113); Proposed East and West Elevations (GAL 273 (PC) 114); Typical Site Section 1 (GAL 273 (PC) 116); Typical Site Section 2 (GAL 273 (PC) 117) and Proposed Sectional Elevations West And East (GAL 273 (PC) 115).

The CTMP dated 16 October 2018 by Genesis Architects Ltd and the drawing titled Site Plan N.T.S. and the details titled 'Drawing Sketch', drawing number EX1800901/001 as approved under 18/00444/DISC.

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.

2.     The external walls of the development to be constructed in brick shall be constructed in strict accordance with the brick sample panel approved under 18/00444/DISC.

Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy ESD15 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.     The roof of the development shall be externally faced in strict accordance with the slates approved under 18/00444/DISC.

Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy ESD15 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.

4.     The external walls of the development to be finished in render shall be carried out in strict accordance with the render sample approved under 18/00444/DISC.

Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy ESD15 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.

5.     Within one month of the date of this consent,  ...  view the full minutes text for item 129.

Approved, conditions to be set out in the minutes.

The Committee considered application 19/02311/OUT for 10 apartments within a scheme of 2 to 2.5 storeys at Kings End Antiques Kings End Bicester OX26 2AA for Mr Dean Jones.

It was proposed by Councillor Sibley and seconded by Councillor Broad that application 19/02311/OUT be refused due to the impact on listed buildings in close vicinity, overdevelopment of the site and the application not being suitable for that area.

On being put to the vote the proposal was lost and the motion subsequently fell.

It was proposed by Councillor Clarke and seconded by Councillor Corkin that permission be granted for application 19/02311/OUT with a request made for reserved matters to be submitted to Planning Committee at the appropriate time.

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

Resolved

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant permission, subject to the following conditions (and any amendments to those conditions as deemed necessary) and a Section 106 planning obligation (resolution (2) below):

CONDITIONS

Time Limits

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

Reason: This permission is in outline only and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004

2.       In the case of the reserved matters, the final application for approval shall be made not later than the expiration of three years beginning with the date of this permission.

Reason: This permission is in outline only and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004

3.       Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved whichever is the later.

Reason: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 5(1) of the Town and Country Planning (General Development Procedure) Order 2015 (as amended).

Compliance with Plans

4.       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 and Site Location Plan (shown on drawing number 1925 001)

Reason: For the avoidance of doubt, to ensure that the  ...  view the full minutes text for item 130.

Report of Assistant Director Planning and Development

Purpose of report

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

Resolved

(1)            That the position statement be accepted.

Report of Assistant Director Planning and Development

Purpose of Report

To inform Members about planning enforcement cases at CDC and update on

the current position following the update in October regarding case numbers,

formal notices served, enforcement action taken, and prosecutions achieved.

Recommendation

 The meeting is recommended:

1.1     To note the contents of the report.

Resolved

(1)      That the contents of the report be noted.

The Assistant Director Planning and Development submitted a report to inform Members about planning enforcement cases at Cherwell District Council and update Members on the current position following the update in October regarding case numbers, formal notices served, enforcement action taken, and prosecutions achieved.

Resolved

(1)      That the contents of the report be noted.