Agenda, decisions and draft minutes


Planning Committee - Thursday 18 June 2020 2.00 pm

Venue: Virtual meeting

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

Media

Items
Note No. Item

25.

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 Adjacent to The M40 South of Overthorpe Road Banbury.

 

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

 

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

 

 

9. Bicester Sports Association, The Tudor Jones Building, Akeman Street, Chesterton, Bicester OX26 1TH.

 

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.

 

 

10. Land Adj to Bullmarsh Close, Off Middleton Park, Middleton Stoney.

 

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.

 

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

 

11. 4 Drapers House, St Johns Road, Banbury, OX16 5BE.

 

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

 

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

 

 

26.

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.

 

27.

Minutes pdf icon PDF 283 KB

To confirm as a correct record the Minutes of the meeting of the Committee held on 4 June 2020.

Additional documents:

Minutes:

The Minutes of the meeting held on 4 June 2020 were agreed as a correct record and would be signed by the Chairman in due course.

28.

Chairman's Announcements

To receive communications from the Chairman.

 

Additional documents:

Minutes:

The Chairman made the following announcement:

 

1.    That the next meeting of the Committee on 16 July 2020 would revert to the starting time of 4pm.

29.

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.

20/00871/F

30.

OS Parcel 3300 North of Railway Line, Adjoining Palmer Avenue, Lower Arncott pdf icon PDF 112 KB

Additional documents:

Decision:

Refused, reasons to be set out in the minutes

Minutes:

The Committee considered application 20/00871/F for the erection of a free-range egg production unit, gatehouse and agricultural workers dwelling including all associated works at OS Parcel 3300 North of the Railway Line Adjoining Palmer Avenue, Lower Arncott for W Potters & Sons Limited.  This was a re-submission of application19/00644/F.

 

Richard Corbett, 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 updates and the address of the public speaker.

 

Resolved

 

(1)       That application 20/00871/F be refused for the following reasons:

 

1.  The proposed permanent dwelling constitutes sporadic residential development in the open countryside, beyond the built-up limits of the nearest settlement, for which it has not been demonstrated that there is an essential need. In its proposed location the dwelling would therefore be an unjustified and unsustainable form of development.  As such the proposal is contrary to saved Policies C8 and H18 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

2.  By virtue of its scale and siting, the proposed development would result in significant and demonstrable harm to the character and appearance of the area, and harm to the landscape character of the area, the enjoyment of users of the nearby Public Right of Way, and this harm significantly and demonstrably outweighs the need for the proposal and the benefits arising from the proposal, including the production of food.  The proposal is therefore contrary to Policies ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policies AG2, C8 and C28 of the Cherwell Local Plan 1996 and government guidance in the National Planning Policy Framework.

3.  The applicants have failed to adequately demonstrate that the proposed development would not result in detrimental impacts on the ecological and biodiversity at the site and nearby designated Local Wildlife Sites, and further would not provide a nett gain in biodiversity opportunities at the site. The proposals would also prevent the aims of the Ray Conservation Target Area being achieved. The proposal is therefore contrary to Policies ESD10 and ESD11 of the Cherwell Local Plan 2011-2031 Part 1 and government guidance in the National Planning Policy Framework with regards to ‘Conserving and enhancing the natural environment’.

4.  The applicants have failed to demonstrate that the proposed development could be undertaken without it causing materially detrimental levels of pollution to the River Ray and ponds within the vicinity of the site. The proposal is therefore contrary to Policy ESD8 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policies AG3, AG4 and ENV1 of the Cherwell Local Plan 1996 and government guidance in the National Planning Policy Framework.

5.  By virtue of an inadequate Flood Risk Assessment the applicants have failed to demonstrate that the proposed development would not increase the flooding risk on the site or elsewhere and would remain operational in the event of flooding and therefore does not accord with Policies ESD6 and  ...  view the full minutes text for item 30.

20/00608/F

31.

Land Adjacent To The M40 South Of Overthorpe Road Banbury pdf icon PDF 133 KB

Additional documents:

Decision:

Approved, subject to various conditions to be set out in the minutes

Minutes:

The Committee considered application 20/00608/F for full planning permission for 21,839 sq.m / 235,073 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 together with the extension of Chalker Way, access from Chalker Way, associated site infrastructure including lorry parking, fuelling bay and vehicle wash facility (Unit 9 only), landscaping, amenity open space and surface water attenuation works at Land Adjacent to the M40 South of Overthorpe Road, Banbury for Tritax Symmetry Limited.

 

Peter Frampton, agent for the applicant and Craig Morris from Warburtons, 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 the Assistant Director Planning and Development to grant permission for application 20/00608/F subject to:

 

a)     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):

 

·         £187,500 (index linked) towards the provision of a local bus service to make necessary improvements to public transport services

·         £2,346 (index lined) towards the Travel Plan monitoring

·         Land reservation for the South East Relief Road as marked on the submitted plans

·         Land reservation for the Western Relief Road as marked on the submitted plans.

b)   The following conditions (and any amendments to those conditions 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.

 

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. 6422-180 Rev. A) dated 03 April 2020;

     Proposed Site Layout Plan (dwg. no. 6422-181 Rev. A) dated 03 April 2020;

     Proposed Site Plan – External Finishes & Fencing (dwg. no. 6422-182 Rev. A) dated 03 April 2020;

     Proposed Site Plan Illustrating Constraints (dwg. no. 6422-183 Rev A) dated 03 April 2020;

     Unit 9 Proposed Building Plan (dwg. no. 6624-10 Rev. E) dated 03 April 2020;

     Unit 9 Proposed Office Floor Plans (dwg. no. 6624-007 Rev. D) dated 03 April 2020;

     Unit 9 Proposed Elevations (dwg. no. 6624-11 Rev. E) dated 03 April 2020;

     Unit 9 Proposed Roof Plan (dwg. no. 6624-28 Rev. B) dated 03 April 2020;

     Unit 10 Proposed Building Plan (dwg. no. 6422-184) dated 02 April 2020;

     Unit 10 Proposed Ground, First and Second Floor Office Plan (dwg. no. 6422-185) dated 03 April  ...  view the full minutes text for item 31.

19/00934/F

32.

Bicester Sports Association, The Tudor Jones Building, Akeman Street, Chesterton, Bicester OX26 1TH pdf icon PDF 135 KB

Additional documents:

Decision:

Refused, reasons to be set out in the minutes

Minutes:

The Committee considered application 19/00934/F for the change of use of agricultural land and extension of the existing Bicester Sports Association facilities for enhanced sports facilities including relocation and reorientation of existing pitches and archery zone, 2no training pitches with floodlighting, 2no match pitches, new flexible sports pitch, new rugby training grids, new clubhouse with events space, new rifle and shooting range, cricket scorers building, storage and maintenance buildings and provision of associated car parking, amended access, landscaping and other associated works at  Bicester Sports Association, The Tudor Jones Building, Akeman Street, Chesterton, Bicester OX26 1TH for Bicester Sports Association.

 

Councillor Barry Wood, Local Ward Member addressed the Committee.

 

Roger Wise, Bicester Town Football Club supporter addressed the Committee in objection to the application.

 

John Malins, representing Bicester Sports Association (the applicant), 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 updates.

 

Resolved

 

(1)       That application 19/00934/F be refused for the following reasons:

 

1.    The proposed development would result in the creation of a significant replacement recreation facility to serve Bicester and the surrounding area in a geographically unsustainable location. It has no access via public transport and poor walking and cycling routes and would not reduce the need to travel or be accessible or offer a genuine choice of alternative travel modes over the private motor vehicle. The site would therefore not be an appropriate location for this scale of development whether considered as a replacement facility or a new facility. The proposal therefore conflicts with Policies SLE4, ESD1 and BSC10 of the Cherwell Local Plan Part 1 (2015) and Government guidance in the National Planning Policy Framework.

 

2.    The proposed development would detrimentally impact on the rural character and appear of the area by virtue of being a prominent and visually intrusive form of development in an open countryside location.  The proposal is therefore contrary to Policy ESD13 and ESD15 of the Cherwell Local Plan Part 1 (2015) and Saved Policy C8 and C28 of the Cherwell Local Plan 1996 and Government guidance in the National Planning Policy Framework.

 

20/01223/NMA

33.

Land Adj to Bullmarsh Close, Off Middleton Park, Middleton Stoney pdf icon PDF 103 KB

Additional documents:

Decision:

Approved, subject to various conditions to be set out in the minutes

 

Minutes:

The Committee considered application 20/01223/NMA for changes to eaves and windows to the rear elevation and a simplification of the ridge (proposed as non-material amendments to application 19/01709/CDC) at land adjacent to Bullmarsh Close, off Middleton Park, Middleton Stoney for Cherwell District Council.

 

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 for application 20/01223/NMA for the proposed change as a non-material amendment in accordance with drawings numbered  2002 P1, 3001 P1, 5001 P1 and 5002 P1.

           

20/00693/LB

34.

4 Drapers House, St Johns Road, Banbury, OX16 5BE pdf icon PDF 111 KB

Additional documents:

Decision:

Approved, subject to various conditions to be set out in the minutes

 

Minutes:

The Committee considered application 20/00693/LB to replace 2 No. timber windows at 4 Drapers House, St Johns Road, Banbury, OX16 5BE for Mr Stephen Reynolds.

 

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 20/00693/LB subject to the following conditions (and any amendments to those conditions 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: Indicative Existing Window Refurbishment, Elevation Drawings, Block Plan, Site Location Plan and Application Form

 

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.

 

Window Details

3.    Prior to the commencement of the development, full details of the windows 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 windows shall be installed within the building in accordance with the approved details.

 

Reason - To ensure that the completed development is in keeping with and conserves the special character of the existing historic building and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C18 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

 

 

35.

Appeals Progress Report pdf icon PDF 508 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 Planning 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.