Agenda, decisions and minutes


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

Contact: Lesley Farrell, Democratic and Elections  Email: democracy@cherwellandsouthnorthants.gov.uk, 01295 221591

Media

Items
Note No. Item

151.

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:

8. Land to the east of M40 and south of A4095 Chesterton, Bicester, Oxon.

 

Councillor James Macnamara, Non Statutory Interest, as a member of Lower Heyford Parish Council, Mid Cherwell Neighbourhood plan forum and CPRE 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.

 

9. Land Adjacent to the M40 South of Overthorpe Road, Banbury.

 

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

 

Councillor Barry Richards, 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.

 

10. Land at Deerfields Farm, Canal Lane, Bodicote.

 

Councillor Colin Clarke, Disclosable Pecuniary Interest, as he was related to the applicant and would leave the chamber for the duration of the item.

 

11. Car Park, Compton Road, Banbury.

 

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

 

Councillor Barry Richards, 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.

 

12. Land North of Park and Ride Adj to Vendee Drive, Bicester.

 

Councillor Barry Wood, Declaration, as a member of the Executive and would leave the chamber for the duration of the item.

 

Councillor Colin Clarke, Declaration, as a member of the Executive and would leave the chamber for the duration of the item.

 

Councillor George Reynolds, Declaration, as a member of the Executive and would leave the chamber for the duration of the item.

 

Councillor Ian Corkin, Declaration, as a member of the Executive and would leave the chamber for the duration of the item.

 

Councillor Lynn Pratt, Declaration, as a member of the Executive and would leave the chamber for the duration of the item.

 

15. Unit 2-4 Wildmere Park, Wildmere Road, Banbury, OX16 3JU.

 

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

 

Councillor Barry Richards, 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.

 

152.

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.

 

153.

Minutes pdf icon PDF 178 KB

To confirm as a correct record the Minutes of the meeting of the Committee held on 13 February 2020.

Additional documents:

Minutes:

The Minutes of the meeting held on 13 February 2020 were agreed as a correct record and signed by the Chairman.

154.

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.

 

155.

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.

156.

Proposed Pre-Committee Site Visits (if any)

Report of Assistant Director - Planning and Development

 

This will be circulated at the meeting.

Additional documents:

Minutes:

There were no proposed pre-committee site visits.

19/02550/F

157.

Land to the east of M40 and south of A4095 Chesterton, Bicester, Oxon pdf icon PDF 138 KB

Additional documents:

Decision:

Refused, reasons to be set out in the minutes.

Minutes:

The Committee considered application 19/02550/F for the redevelopment of part of golf course to provide a new leisure resort (sui generis) incorporating a waterpark, family entertainment centre, hotel, conferencing facilities and restaurants with associated access, parking and landscaping at land to the east of the M40 and south of the A4095, Chesterton, Bicester, Oxon for Great Lakes UK Limited.

 

Philip Clarke Chairman, Chesterton Parish Council addressed the Committee in objection to the application.

 

Chris Goddard of DP9 Planning and Phil Bell of Motion Transport Consultants addressed the Committee in support of the application.

 

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

 

Resolved

 

(1)      That application be refused for the following reasons:

 

1.       The proposed development by reason of its location would result in the loss of an 18-hole golf course when the Local Planning Authority’s evidence indicates the course is not surplus to requirements and there is a need for more provision for golf courses in the Bicester sub-area over the plan period. The evidence and proposals for alternative sports and recreation provision included with the application is not considered sufficient to make the loss of the golf course acceptable. The development is contrary to Policy BSC10 of the Cherwell Local Plan 2011-2031 Part 1 which seeks to protect existing sport and recreation provision and enhance the existing provision. It is also contrary to Government guidance contained within the National Planning Policy Framework.

 

2.       The proposed development would result in the creation of a substantial leisure and hospitality destination in a geographically unsustainable location on a site largely devoid of built structures and beyond the built limits of the nearest settlement. It has no access via public transport and would not reduce the need to travel or offer a genuine choice of alternative travel modes over the private motor vehicle. Given the predominant guest dynamic (families with children) the majority of trips are likely to be made via private motor vehicle, utilising minor rural roads. Furthermore, the proposal is for retail and leisure development in an out-of-centre location and no impact assessment has been provided as required by Policy SLE2.  The Council do not consider that exceptional circumstances have been demonstrated to justify the development in this location, and as such the proposal is contrary to Policies SLE1, SLE2, SLE3, SLE4 and ESD1 of the Cherwell Local Plan 2011-2031 Part 1, Saved Policies T5, TR7 and C8 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

3.       The proposed development fails to demonstrate that traffic impacts of the development are, or can be made acceptable, particularly in relation to additional congestion at the Middleton Stoney signalised junction of the B4030 and B430.  As such the proposal is contrary to Policy SLE4 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1, Saved Policy TR7 of the Cherwell Local Plan 2011-2031 Part 1, Policy 17 of the Oxfordshire Local Transport  ...  view the full minutes text for item 157.

19/00771/F

158.

Land Adjacent to the M40 South of Overthorpe Road, Banbury pdf icon PDF 120 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 19/00771/F for full planning permission for 27,685 sq.m / 298,000 sq.ft. of logistics floorspace within class B2 or B8 of the town and country planning use classes order 1987, with ancillary class b1(a) offices (units 9 and 10), and ancillary retail and trade showroom (unit 10 only), not to exceed 300 sq.m (excluding convenience goods) together with the extension of Chalker Way, access from Chalker Way, associated site infrastructure including lorry parking, landscaping, amenity open space and sustainable drainage system at Land Adjacent to the M40 South of Overthorpe Road, Banbury for Db9 Symmetry Limited.

 

Peter Frampton and Nicola Mcguirk agents to the applicant addressed the Committee in support of the application.

 

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

 

Resolved

 

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 19/00771/F subject to:

 

i.        The Environment Agency objections being withdrawn.

 

ii.        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) being completed:

 

a)       Safeguarding of the land for the South East Relief Road and the Western Link Road.

b)       Contributions towards the bus service enhancement and travel plan monitoring.

 

iii.       the following conditions (and any amendments to those conditions as deemed necessary):

 

CONDITIONS

 

TIME LIMITS AND GENERAL IMPLEMENTATION CONDITIONS

 

1.       The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Submission to/Monitoring/Enforcement: CDC and SNC Plans

 

2.       The development shall not be carried out otherwise than in complete accordance with the approved plans and details unless a non-material or minor material amendment is approved by the Local Planning Authority under the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended). The approved plans and details are:

DRAWINGS:

Site Location Plan dwg. no. 6422-100 Rev F dated 26 April 2019;

Site Layout Plan dwg. no. 6422-101 Rev. J dated 19 September 2019;

Site Plan Illustrating Constraints dwg. no. 6422-102 Rev. H dated 19 September 2019;

Site Layout Plan External Finishes & Fencing dwg. no. 6422-103 Rev. G dated 19 September 2019;

Unit 10 Proposed Building Plan dwg. no. 6422-104 Rev. C dated 23 April 2019;

Unit 10 Proposed Ground, First & Second Floor dwg. no. 6422-105 Rev. B dated 23 April 2019;

Unit 10 Proposed Elevations dwg. no. 6422-106 Rev. D dated 23 April 2019;

Unit 10 Proposed Roof Plan dwg. no. 6422-107 Rev. B dated 26 March 2019;

Unit 9 Proposed Building Plan dwg. no. 6422-111 dated 05 April 2019;

Unit 9 Proposed Ground, First & Second Floor dwg  ...  view the full minutes text for item 158.

19/02350/OUT

159.

Land at Deerfields Farm, Canal Lane, Bodicote pdf icon PDF 143 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 19/02350/OUT an outline application for planning permission for up to 26 dwellings including access at Land at Deerfields Farm, Canal Lane, Bodicote for Mr Nigel Morris.

 

Wendy Jackson, local resident, addressed the Committee in objection to the application.

 

Tom Birks, 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 and the addresses of the public speakers.

 

Resolved

 

(1)      That authority be delegated to Assistant Director Planning and Development to grant permission for application 19/02350/OUT subject to:

 

i.        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) being completed:

 

a)       Provision of 30% affordable housing on site

b)       Payment of a financial contribution towards public transport of £1000 per dwelling (index linked)

c)       Payment of a financial contribution towards educational infrastructure serving £14,276 per dwelling (index linked).

 

ii.        the following conditions (and any amendments to those conditions as deemed necessary):

 

 CONDITIONS

 

1.       Time limits (including submission of Reserved Matters)

2.       Compliance with plans

3.        Construction Environment Management Plan

4.       Land Contamination and Remediation

5.       Lighting Scheme

6.       Provision of EV Charging Points

7.       Full details of the site access(es)

8.       Pedestrian and Cycle Access to Canal Lane

9.       Access, driveways and turning areas (Individual Properties)

10.     Details of Turning for Service Vehicles

11.     Cycle Parking

12.     Construction Traffic Management Plan

13.     Travel Plan/Information Packs

14.     Thames water and upgrade of existing foul water network

15.     Surface water drainage strategy and details to be provided as part of reserved matters submission

16.     Provision of refuse and recycling bins

17.     Contamination

18.     SUDS maintenance plan

19.     Biodiversity enhancement details to be included in reserved matters submission 

20.     Finished floor levels and ground levels to be included as part of reserved matters submissions

21.     Energy Statement and sustainable construction in accordance with Policy ESD3

 

19/02358/M106

160.

Car Park, Compton Road, Banbury pdf icon PDF 107 KB

Additional documents:

Decision:

Application withdrawn by the applicant

Minutes:

The Chairman advised the Committee that application 19/02358/M106 had been withdrawn by the applicant.

19/02973/DISC

161.

Land North of Park and Ride Adj to Vendee Drive, Bicester pdf icon PDF 647 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 19/02973/DISC for the discharge of Conditions 7 (proposed means of access), 9 (details of dog & litter bins, and interpretation boards), 10 (details of pedestrian bridges) - change of use from agricultural(arable) to informal recreation with public access – to the previously approved applicaton 19/01351/CDC at Land North of Park and Ride, Adjacent to Vendee Drive, Bicester for Cherwell District Council.

 

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

 

Resolved

 

(1)      That the discharge of the following conditions of application 19/02973/DISC be approved:

 

Condition 7

The proposed maintenance and access gates as shown on drawing numbers ES/LS/001 Rev C; ES/LS/002; 03/570 Rev A and gate detail H17 accompanying this application and as clarified by the detail and information in the applicant’s Addendum received 10th February 2020.

 

Condition 9

The details and locations of the litter bins, dog bins and interpretation boards as shown on drawing numbers ES/LS/001 Rev C and as clarified and explained in the applicant’s written statement accompanying the application.

 

Condition 10

The details and locations of the pedestrian bridges as shown on drawing numbers ES/LS/001 Rev C and as clarified and explained in the applicant’s written statement accompanying the application.

19/02948/F

162.

Land to the South and Adj to South Side Steeple Aston pdf icon PDF 100 KB

Additional documents:

Decision:

Approved, contrary to offier recommendations, conditions to be set out in the minutes.

Minutes:

The Committee considered application 19/02948/F for the erection of 10 no. two storey residential dwellings with access off South Side including a new pedestrian footway, parking and garaging, landscaping and all enabling and ancillary works at Land to the South and Adjacent to South Side Steeple Aston for Rectory Homes Limited.

 

Martin Lipson representing Steeple Aston Parish Council and Steve Kerry the applicant addressed the Committee in support of the application.

 

It was proposed by Councillor Mike Kerford-Byrnes and seconded by Councillor Hugo Brown, that application 19/02948/F be approved contrary to officer recommendation, subject to suitable conditions and a section 106 agreement, as 2 affordable homes had been offered to be included on this site. Should a greater number of homes be included on this site, it may exclude other sites which come forward, given the upper limit of 20 homes for this Parish, in the Mid Cherwell Neighbourhood Plan. 

 

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

 

Resolved

 

(1)      That authority be delegated to the Assistant Director Planning and Development to grant permission for application 19/02948/F subject to:

 

a)       Suitable conditions (the exact wording of those conditions to be delegated to the Assistant Director for Planning and Development in consultation with the Chairman).

b)       A suitable Section 106 agreement to include the provision of two affordable homes (the exact wording to be delegated to the Assistant Director for Planning and Development in consultation with the Chairman).

19/02992/F

163.

OS Parcel 4278 North West of Lessor Grange, Milcombe pdf icon PDF 95 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 19/02992/F for the erection of a cattle shed, manure store and associated hardstanding.  Application 19/02992/F was an amendment to the approved cattle shed application 18/01724/F at OS Parcel 4278, North West of Lessor Grange, Milcombe for Mr Bertrand Facon.

 

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

 

Resolved

 

(1)      That authority be delegated to the Assistant Director Planning and Development to grant permission for application 19/02992/F subject to the following conditions:

 

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.

         

Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

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: Supporting Statement dated December and drawings numbered KCC2395/02A, KCC2395/06A and KCC2395/10 01/20cb.

         

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.

 

3.      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 submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first use of the development, the turning and manoeuvring area shall be constructed in accordance with the approved details and shall be retained for the manoeuvring of motor vehicles at all times thereafter.

         

Reason: In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework.

 

4.      Other than the approved access shown on approved plan KCC2395/02A no other means of access whatsoever shall be formed or used between the land and the adopted highway.

         

Reason: In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework.

 

5.      The vision splays at the access onto the adopted highway shall not be obstructed by any object, structure, planting or other material of a height exceeding 1m measured from the carriageway level.

         

Reason: In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework.

 

6.      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  ...  view the full minutes text for item 163.

19/01774/F

164.

Unit 2-4 Wildmere Park, Wildmere Road, Banbury, OX16 3JU pdf icon PDF 107 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 19/01774/F for alterations and extensions to Units 2-4, Wildmere Park, Wildmere Road, Banbury, OX16 3JU to create additional industrial office space for Mr David Apperly.

 

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

 

Resolved

 

(1)      That authority be delegated to the Assistant Director, Planning and Development to grant permission for application 19/01774/F subject to the following conditions (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.

 

Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

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: Flood Risk Assessment & Drainage Strategy Issue 2 prepared by Flow Drainage Design, ref. 1951 and dated 27 January 2020, Design Air Quality Assessment prepared by DustScanAQ dated January 2020, Renewable Energy Feasibility Study prepared by Fenton Energy dated 12th December 2019, Transport Statement Rev. A dated 3rd December 2019, Ecological Appraisal prepared by Tyler Grange dated 23rd September 2018 and drawings numbered: 218772-23A, 218772-24A, 218772-26A, 218772-27 and 0726.1.2.

 

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.

 

Ecology and Biodiversity

3.       Prior to the commencement of the development hereby approved, including any demolition, and any works of site clearance, a method statement for enhancing biodiversity at the shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved biodiversity enhancement measures prior to the first use of the development and shall be retained as such thereafter.

 

Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

4.       The development hereby approved shall be carried out in accordance with the recommendations set out in Section 4: Potential Impacts, Mitigation and Enhancements of the Ecological Appraisal carried out by Tyler Grange on 23rd September 2018.

 

Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

5.       All planting, seeding or turfing comprised in the approved details of landscaping, as detailed on approved drawing number 0726.1.2, shall be carried out in accordance with BS 4428:1989 Code of Practice for general landscape operations (excluding hard surfaces), or the most up to date and current British Standard, in the first  ...  view the full minutes text for item 164.

165.

Appeals Progress Report pdf icon PDF 96 KB

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.

 

Additional documents:

Decision:

Resolved

 

(1)            That the position statement be accepted.

 

Minutes:

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.