Agenda, decisions and draft minutes


Planning Committee - Thursday 11 February 2021 4.00 pm

Venue: Virtual meeting

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

Media

Items
Note No. Item

121.

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:

11. Axis J9 Phase 1 OS Parcel 4200 Adjoining Middleton Road and Howes Lane, Bicester.

Councillor John Broad, Declaration, that the application could be seen as pre-determined as an objection had been submitted and would leave the meeting for the duration of the item.

 

Councillor Les Sibley, Declaration, that the application could be seen as pre-determined as an objection had been submitted and would leave the meeting for the duration of the item.

 

Councillor Lynn Pratt, Non Statutory Interest, as a member of Bicester Town Council which had been consulted on the application.

 

122.

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.

 

123.

Minutes pdf icon PDF 235 KB

To confirm as a correct record the Minutes of the meeting of the Committee held on 14 January 2021.

Additional documents:

Minutes:

The Minutes of the meeting held on 14 January 2021 were agreed as a correct record and signed by the Chairman.

124.

Chairman's Announcements

To receive communications from the Chairman.

 

Additional documents:

Minutes:

The Chairman made the following announcements:

 

1.       The Committee be reminded that the meeting was broadcast live and to bear in mind that every word counts.

 

2        Where applications were proposed for refusal, contrary to officer recommendations, in the past best practice had been for Councillors to provide policy numbers for reasons for refusal.  The Committee were now required to provide clear planning reasons with officer advice to provide policy numbers.

 

 

 

 

125.

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.

126.

Proposed Pre-Committee Site Visits (if any)

The Assistant Director - Planning and Development to report if any virtual site visits have been requested.

 

Additional documents:

Minutes:

There were no proposed site visits.

20/01933/F

127.

Barn In OS Parcel 0545 West Of Withycombe Farm, Wigginton pdf icon PDF 154 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 20/01933/F for the erection of one residential dwelling for multi-generational living, landscape enhancements and associated works at Barn in OS Parcel 0545 West of Withycombe Farm, Wigginton for Virginia Sweetingham.

 

Due to the current ban on physical site visits, the Planning Officer had coordinated the use of a drone to record drone footage of the application site, which he presented to the Committee.

 

Ian McArdle, representing Wigginton Parish Council addressed the Committee in objection to the application

 

Ray Fazey, a local resident addressed the Committee in objection to the application.

 

Rob Hughes, agent for the applicant, addressed the Committee in support of the application.

 

It was proposed by Councillor Hugo Brown and seconded by Councillor Mike Kerford-Byrnes that application 20/01933/F be refused contrary to the officer recommendation due to the scale of the development, the multiple dwellings, not being of exceptional design and having a detrimental impact on the open countryside.

 

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

 

It was proposed by Councillor Colin Clarke and seconded by Councillor Cassi Perry that application  20/01933/F be approved in line with the officer recommendation.

 

On being put to the vote the result was tied and went to the Chairman’s casting vote.

 

In reaching its decision the Committee considered the officers report and presentation, the drone footage, the addresses  of the public speakers and the written updates.

 

Resolved

 

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 20/01933/F subject to:

 

(i)       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)       That application 18/00063/Q56 shall not be implemented

          b)       That the use of the building as one dwelling only

 

(ii)      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: Site Location Plan (117-L-01); Proposed Site and Roof Plan (117-P-01 Rev D); Proposed Ground Floor Plan (117-P-02 Rev D); Proposed First Floor Plan (117-P-03 Rev D); Elevations (117-E-01 Rev E); Stone Barn in NW of Damp Meadow Plans and Elevations as Proposed (117-B-02 Rev A)

 

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.     No development shall  ...  view the full minutes text for item 127.

20/02653/F

128.

The Chesterton Hotel, Bicester Road, Chesterton, OX26 1UE pdf icon PDF 101 KB

Additional documents:

Decision:

Refused, reasons to be set out in the minutes

Minutes:

The Committee considered application 20/02653/F for the variation of condition 2 (plans) of application 18/01529/F - to amend the design of the extension at The Chesterton Hotel, Bicester Road, Chesterton, OX26 1UE for Rabinder Gill.

 

Christopher Messum, a local resident addressed the Committee in objection to the application.

 

Simon Sharpe, planning consultant  for the applicant addressed the Committee in support of the application.

 

Kaven Gill, 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 20/02653/F be refused for the following reason:

 

By virtue of its design, form and use of materials, the proposed function hall extension would result in a visually incongruous and poorly designed form of development that would fail to relate to well to the existing hotel building and would adversely affect the character and appearance of the area.  This harm would significantly and demonstrably outweigh the proposals’ benefits.  The proposed development would therefore fail 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.

20/02859/F

129.

Straw Barn College Farm, Main Street, Wendlebury, OX25 2PR pdf icon PDF 108 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes

Minutes:

The Committee considered application 20/02859/F for the erection of a general-purpose agricultural building at Straw Barn, College Farm, Main Street, Wendlebury, OX25 2PR for Mr & Mrs T Howard.

 

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

 

Resolved

 

(1)      That application 20/02859/F be approved subject to the following conditions:

 

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: 20.192.01 Rev B; 20/0192.02; 20/192.03 Rev A and the Landscaping Scheme produced by Pyramid Consulting Arboricultural Consultancy (January 2021).

 

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.       The tree planting scheme, as shown on approved drawing number 20-0192-01 Rev B, and the Landscaping Scheme produced by Pyramid Consulting Arboricultural Consultancy (January 2021), shall be completely implemented within the first planting season following the first use of any part of the approved development. All planting, seeding or turfing comprised in the approved details of landscaping shall be maintained for a period of 5 years from the first use of any part of the approved development. Any trees and/or shrubs which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation.

 

Reason – To provide an effective and attractive screen for the development in the interests of visual amenity and to accord with Policy ESD13 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.       All site clearance (including the removal of any vegetation or works to hedgerows) should be timed so as to avoid the bird nesting season, this being during the months of March until July inclusive unless alternative provisions have been previously agreed in writing by the Local Planning Authority

 

Reason – To ensure that the development will conserve and enhance the natural environment and will not cause significant harm to any protected species or its habitat 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.       The existing trees to be retained along the eastern border of the development shall be protected in accordance with the detail set out in the Landscaping Scheme produced  ...  view the full minutes text for item 129.

20/03199/F

130.

Axis J9 Phase 1 OS Parcel 4200 Adjoining Middleton Road and Howes Lane, Bicester pdf icon PDF 232 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 20/03199/F for a variation of condition 13 (extent of employment development usage) of application 19/00347/OUT - to enable the full employment development to be occupied for use Class B8 at Axis J9 Phase 1 OS Parcel 4200 adjoining Middleton Road and Howes Lane, Bicester for Albion Land Two Limited.

 

Emma Lancaster, agent for the applicant addressed the meeting in support of the application.

 

It was proposed by Councillor Lynn Pratt and seconded by Councillor Ian Corkin that application 20/03199/F be approved subject an amendment as detailed in paragraph 9.26 of the officer’s report, to refer to the site being used for no more than 85% B8 uses. This would enable the whole site as it was planned to be used for B8 uses, but if further floorspace were proposed in the future, this would be restricted to B2/E(g)(iii) uses (as the up to 80% restriction on B2/B1c (now E(g) (iii) would remain in place). Officers recommend that Class E(g) (iii) is referred to as the grant of this permission would be a new permission for the site, but it would be necessary to restrict change of use to other uses within Class E given the nature of this commercial site.

 

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

 

Resolved

 

(1)      That authority be delegated to the Assistant Director for Planning and

Development to grant permission for application 20/03199/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 link the application to the Section 106 agreement that currently binds the site (other than in so far as to update the agreement to refer to this permission or and as otherwise advised by the Council’s Legal department)

 

b)       The following conditions (and any amendments to those conditions deemed necessary):

 

CONDITIONS

 

1.               Details of the access (in so far as not approved in this decision), appearance, landscaping, layout, and scale (hereinafter called "the reserved matters") of any phase of development shall be submitted to and approved in writing by the Local Planning Authority before any development of that phase takes place and the development shall be carried out as approved.

 

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, and Article 5(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).

 

2.               No development shall take place until a phasing plan for the whole development has been submitted to and approved in writing by the Local Planning Authority indicating the landscaping, open space, play facilities, affordable housing, cycle ways, footpaths and public transport facilities to be provided in each phase. Development shall be carried out in accordance with  ...  view the full minutes text for item 130.

20/03426/F

131.

3 The Green Barn, Stoke Lyne Road, Stratton Audley, Bicester, OX27 9AT pdf icon PDF 93 KB

Additional documents:

Decision:

Refused, contrary to officer recommendations.  Reasons to be set out in the minutes.

Minutes:

The Committee considered application 20/03426/F a retrospective application for the erection of new detached dwelling house - this application sought to amend the original dwelling design from 16/00366/REM and Appeal APP/C3105/W/16/3154107 at 3 The Green Barn, Stoke Lyne Road, Stratton Audley, Bicester, OX27 9AT for Mobley Limited.

 

Christina Honsinger, a local resident, addressed the Committee in objection to the application.

 

It was proposed by Councillor Barry Richards and seconded by Councillor Colin Clarke that application 20/03426/F be approved in line with the officer recommendation.

 

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

 

It was proposed by Councillor Ian Corkin and seconded by Councillor Maurice Billington that application 20/03426/F be refused, contrary to the officer recommendation, due to the interrelationship of the building with the surrounding conservation area, the design and orientation of the building in the context of which it was set and the loss of amenity due to the additional windows.

 

In reaching it decision the Committee considered the officer’s report and presentation and the address of the public speaker.

 

Resolved

 

(1)      That application 20/03426/F be refused contrary to the officer recommendation (with the exact wording of the reasons for refusal delegated to the Assistant Director Planning and Development).

 

20/02446/F

132.

Glebe Farm, Boddington Road, Claydon, Oxfordshire OX17 1TD pdf icon PDF 121 KB

Additional documents:

Decision:

Resolved

 

(1)      That the wording of the reasons for refusal be agreed.

Minutes:

The Committee considered application 20/02446/F for the formation of inland waterways marina with ancillary facilities building, car parking, access and associated landscaping including the construction of a new lake  at Glebe Farm Boddington Road, Claydon, Banbury, OX17 1TD  for W A Adams Partnership.  This application was a re-submission of application18/00904/F.

 

Application 20/02446/F had been considered by Planning Committee on 14 January 2021 and Members had resolved to refuse the application.  Having reviewed the matter and having taken advices from the Council’s legal services team, officers were returning this application to the Committee to seek clarity on the Committee’s resolution.

 

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

 

Resolved

 

(1)      That the wording of the reasons for refusal of application 20/02446/F considered at Planning Committee on 14 January 2021, be agreed as follows:

 

1.       The proposed development, by reason of its nature, size and scale combined with its isolated location away from settlements, established moorings and existing popular destinations and with poor alternative transport links, would be an unsustainable insertion into the open countryside.  Future users of and visitors to the development would have no realistic choice of transport other than the private car, and the proposal would result in an unsustainable form of development.  The proposal would therefore be contrary to Policies SLE1, ESD1, ESD16 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance within the National Planning Policy Framework.

 

2.       By virtue of its scale and location, the proposed development would result in a significant increase in traffic on the surrounding road network, and it has not been demonstrated that the access to the development or the visibility over bridges in the local area would be adequate for the scale of development proposed.  The proposal would therefore be to the detriment of local highway safety and contrary to Policy SLE4 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policies TR1, TR7 and TR10 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

3.       By virtue of its scale and siting, the proposed development would fail to preserve the character and appearance of the Oxford Canal Conservation Area.  This harm, which would be less than the substantial, would significantly and demonstrably outweigh the benefits of the proposed development.  The proposed development would therefore be contrary to Policies ESD15 and ESD16 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

4.       In the absence of a satisfactory unilateral undertaking or any other form of Section 106 legal agreement the Local Planning Authority is not satisfied that the proposed development provides for appropriate footpath improvements required as a result of the development and necessary to make the impacts of the development acceptable in planning terms, to the detriment of both existing and proposed residents and contrary to Policies SLE4, ESD1, ESD15 and ESD16 of the Cherwell Local Plan 2011-2031 Part 1, and saved Policy TR1 of the Cherwell  ...  view the full minutes text for item 132.

133.

Appeals Progress Report pdf icon PDF 382 KB

Report of Assistant Director Planning and Development

 

Purpose of report

 

To keep Members informed about planning appeal progress including the scheduling of public inquiries and hearings and decisions received.

 

Recommendations

 

The meeting is recommended:

 

1.1     To note the position on planning appeals contained within the report.

Additional documents:

Decision:

Resolved

 

1.1     That the position on planning appeals contained within the report be noted.

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.