Agenda, decisions and minutes

8. Land Used For Motorcross, Stratford Road, A422, Wroxton, OX15 6HX.

Councillor John Broad, Other Registerable Interest, as member of the British Motorcycle Federation, Motorcycle Action Group and the Campaign to Protect Rural England.

14. Caravan Park, Station Approach, Banbury, OX16 5AB.

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

Councillor Rebecca Biegel, Other Registerable Interest, as a member of Banbury Town Council which had been consulted on the application.

15. Borough House, Marlborough Road, Banbury.

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

Councillor Rebecca Biegel, Other Registerable Interest, as a member of Banbury Town Council which had been consulted on the application.

16. Borough House, Marlborough Road, Banbury.

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

Councillor Rebecca Biegel, Other Registerable Interest, as a member of Banbury Town Council which had been consulted on the application.

The Chairman to report on any requests to address the meeting.

Please note that the deadline for requests to address the meeting is noon on the working day before the meeting. Addresses can be made virtually or in person.

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 15 June 2023.

The Minutes of the meeting held on 15 June 2023 were agreed as a correct record and signed by the Chairman.

To receive communications from the Chairman.

The Chairman made the following announcement:

1.         Advised the Committee that following the successful trial at the previous meeting, following the officer’s presentation and public speaking on each application, Members would have the opportunity to ask officers questions before the debate.

There were no items of urgent business.

The Committee to consider requests for and proposed pre-committee site visits.

Any requests or recommendations for site visits will be published with the written update.

There were no proposed Pre-Committee site visits.

Refused, against officer recommendation. Reasons to be set out in the minutes.

The Committee considered application 21/00517/F for the Creation of a motocross track and soft landscaping scheme and the change of use of agricultural land to hold moto-cross events including set-up, take down and private practice sessions, with associated camping site, for up to 65 days per year and agricultural grazing (retrospective) at Land Used for Motorcross, Stratford Road, A422, Wroxton, OX15 6HX for Hedges & Kerwood.

John Offord, Chair of Hornton Parish Council, and Julian Philcox, on behalf of Hornton Parish Council and the Upton Estate, addressed the Committee in objection to the application.

Phil Plant, agent for the applicant, addressed the Committee in support of the application.

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

It was proposed by Councillor Reynolds and seconded by Councillor Harwood that the application be refused, contrary to officer’s recommendation, for reason relating to noise pollution causing significant harm to the living amenities of nearby residents.

Resolved

That application 21/00517/F be refused, contrary to the officer’s recommendation, for the following reasons:

1.         The motocross track, by virtue of its increased size and frequency of events, results in a level of noise pollution that causes significant harm to the living amenities enjoyed by nearby residents and detracts from the rural character of the area. The proposal is therefore contrary to saved Policy ENV1 of the Cherwell Local Plan 1996, Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

Refused, in line with the officer recommendation. Reasons to be set out in the minutes.

The Committee considered application 23/00173/OUT, an outline planning application for up to 147 homes, public open space, flexible recreational playing field area and sports pitches with associated car parking, alongside landscaping, ecological enhancements, SuDs, green/blue and hard infrastructure, with vehicular and pedestrian/cycle accesses, and all associated works (all matters reserved except for means of access) at Land South of Green Lane, Chesterton for Wates Developments.

Stephen Webster, Chesterton Parish Council, addressed the Committee in objection to the application.

John Tarvit, on behalf of the applicant, Wates Developments, addressed the committee in support of the application.

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

Resolved

That application 23/00173/OUT be refused, in line with the officer’s recommendation, for the following reasons:

1.         The proposals would result in a disproportionate development when considered against the scale of the existing village and the cumulative impact of growth already carried out in village within the plan period and available facilities within the village and would be predominantly reliant on the private car to carry out day-to-day activity and the application site is not well located to existing services and facilities. The proposals would cause significant adverse landscape and impacts to the settlement character which could not be avoided or mitigated by the proposed development. Further the delivery of infrastructure necessary to make the development acceptable would not be capable of being accommodated within the village and instead would need to be provided elsewhere which would be predominantly reliant by private car and would be contrary to the aims of sustainable growth of housing across the District set out in the Local Plan and sustainable travel initiatives to use sustainable modes of transport. The proposals would be harmful development to the village of Chesterton and the wider aims of Policies Villages 1 and Villages 2 and result in unsustainable growth that would not be capable of mitigation. The proposals would therefore be contrary to Policies PSD1, BSC1, ESD1, ESD13, ESD15, Villages 1 and Villages 2 of the Cherwell Local Plan 2011-2031 Part 1; saved Policies C28 and C30 of the Cherwell Local Plan 1996 and the aims and objectives of the National Planning Policy Framework.

2.         The proposals, by reason of the scale and impact on the overall landscape and settlement character would cause harm to the approaches along Green Lane and the unnamed lane to Little Chesterton, and to the overall character of the settlement of Chesterton and its relationship to the surrounding countryside resulting in significant extension and harm to open countryside in particular to the south and west of the existing village. This combined with developments of the Bicester Sports Association in particular would result in a potential negative impact on the individual identity of Chesterton and Little Chesterton. The proposals would therefore be contrary to Policies PSD1, ESD1, ESD13, ESD15, Villages 1 and Villages 2 of the Cherwell Local Plan 2011-2031 Part 1; saved Policies C28 and C30  ...  view the full minutes text for item 23.

Refused, in line with officer recommendation. Reasons to be set out in the minutes.

The Committee considered application 22/02866/OUT, an outline planning application for up to 120 dwellings, vehicular and pedestrian access off Ploughley Road, new pedestrian access to West Hawthorn Road, surface water drainage, foul water drainage, landscaping, public open space, biodiversity and associated infrastructure.  Access off Ploughley Road is not reserved for future consideration at Land East of Ploughley Road, Ambrosden for Archstone Ambrosden Ltd, Bellway Homes Ltd and Rosemary May.

Councillors Pruden and Sames addressed the Committee as Local Ward Members.

Dawn Seaward, Chair of Ambrosden Parish Council, addressed the Committee in objection to the application.

David Bainbridge, Agent to the applicant, addressed the Committee in support of the application.

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

Resolved

That application 22/02866/OUT be refused, in line with the officer’s recommendation, for the following reasons:

1.         The site is located outside the built form of Ambrosden and within an area of open countryside. By reason of its location and the proposed scale of development, the proposal would have a poor and incongruous relationship with the existing settlement appearing prominent in the open countryside. Its development would therefore have an adverse effect on the landscape on the approach to Ambrosden to the detriment of the character and appearance of the countryside. In addition, the Council is able to demonstrate a 5.4-year housing land supply, and therefore the housing strategies in the Local Plan are up to date. It is considered that the development of this site would conflict with the adopted policies in the Local Plan to which substantial weight should be attached. The proposed development is therefore contrary to Policies ESD13, ESD15, BSC1, PSD1 and Villages 2 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy H18 of Cherwell Local Plan 1996 and Government guidance within the National Planning Policy Framework.

2.            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 infrastructure contributions 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 workers and contrary to Policy INF1 of the Cherwell Local Plan 2011-2031 Part 1, CDC’s Planning Obligations SPD 2018 and Government guidance within the National Planning Policy Framework.

Refused, against officer recommendation. Reasons to be set out in the minutes.

The Committee considered application 22/02455/OUT, an outline application for the erection of up to 55 new dwellings including affordable homes; formation of new pedestrian access; formation of new vehicular access from Blackthorn Road; landscaping and associated works at Land West Of Church Ley Field Adjacent To Blackthorn Road, Ambrosden for L&Q Estates.

Dawn Seaward, Chair of Ambrosden Parish Council, addressed the Committee in objection to the application.

Stuart Field, on behalf of the applicant, L&Q Estates, addressed the Committee in support of the application.

In reaching its decision the Committee considered the officers’ report, presentation, and addresses from the public speakers.

Resolved

That application 22/02455/OUT be refused, contrary to the officer’s recommendation, for the following reasons:

1.            The site is located outside the built form of Ambrosden and within an area of open countryside. By reason of its location and the proposed scale of development, the proposal would have a poor and incongruous relationship with the existing settlement appearing prominent in the open countryside. The development would therefore have an adverse effect on the landscape to the detriment of the character and appearance of the countryside. In addition, the Council is able to demonstrate a 5.4- year housing land supply, and therefore the housing strategies in the Local Plan are up to date. It is considered that the development of this site would conflict with the adopted policies in the Local Plan to which substantial weight should be attached. The proposed development is therefore contrary to Policies ESD13, ESD15, BSC1, and Villages 2 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy H18 of Cherwell Local Plan 1996 and Government guidance within the National Planning Policy Framework.

2.            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 infrastructure contributions 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 workers and contrary to Policy INF1 of the Cherwell Local Plan 2011-2031 Part 1, CDC’s Planning Obligations SPD 2018 and Government guidance within the National Planning Policy Framework.

Refused, against officer recommendation. Reasons to be set out in the minutes.

The Committee considered application 22/03869/OUT, outline planning application for a residential development for up to 53 dwellings with All Matters Reserved except for Access at Land To The North Of Wimborn Close And Mackley Close, Deddington for Pembury Webb Ltd.

Helen Oldfield, Chair of Deddington Parish Council, and Alan Collins, Deddington PC Member and chair of Deddington Neighbourhood Plan steering group, addressed the Committee in objection to the application.

Mervyn Dobson, on behalf of the applicant, Pembury Webb Ltd, and David Rogers, local resident, spoke to support of the application.

In reaching its decision the Committee considered the officers’ report, presentation, the written update, and addresses from the public speakers.

It was proposed by Councillor Reynolds and seconded by Councillor Wood that application 22/03869/OUT 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 Broad and seconded by Councillor Billington that application 22/03869/OUT, contrary to the officer recommendation, be refused to due to the reason of its location and the proposed scale of development, the proposal would have a poor and incongruous relationship with the existing settlement appearing prominent in the open countryside. Its development would therefore have an adverse effect on the landscape setting of Deddington to the detriment of the character and appearance of the countryside and that the Council is able to demonstrate a 5.4-year housing land supply, and therefore the housing strategy in the Local Plan is up to date.

Resolved

That application 22/03869/OUT be refused, contrary to the officer’s recommendation, for the following reasons:

1.         The site is located outside the built form of Deddington and within an area of open countryside, which has not been allocated for development within the Cherwell Local Plan 2011-2031 or the emerging Deddington Neighbourhood Plan. By reason of its location and the proposed scale of development, the proposal would have a poor and incongruous relationship with the existing settlement appearing prominent in the open countryside. Its development would therefore have an adverse effect on the landscape setting of Deddington to the detriment of the character and appearance of the countryside. In addition, the Council is able to demonstrate a 5.4-year housing land supply, and therefore the housing strategy in the Local Plan is up to date. The proposed development of this site would conflict with the adopted policies in the Local Plan to which substantial weight should be attached. The proposed development is therefore contrary to Policies ESD13, ESD15, BSC1, PSD1 and Villages 2 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy H18 of Cherwell Local Plan 1996 and Government guidance within the National Planning Policy Framework.

2.            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 infrastructure contributions required as a result of the development and necessary to make the impacts of the development acceptable in  ...  view the full minutes text for item 26.

Application withdrawn by the applicant.

The Chairman advised the Committee that the application had been withdrawn from the planning process by the applicant.

Approved in line with the officer recommendation, subject to conditions and S106 legal agreement, details to be set out in the minutes.

The Committee considered application 22/01564/OUT for the development of car park and caravan park to comprise up to 63 apartments all within Use Class C3; provision of vehicular and cycle parking together with all necessary internal roads and footpaths; provision of open space and associated landscape works; and ancillary works and structures (resubmission of 18/00293/OUT) at Caravan Park, Station Approach, Banbury, OX16 5AB for Mr Patrick Rooney.

Duncan Chadwick, agent for the applicant, addressed the Committee in support of the application.

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

Resolved

1.    That, in line with the officer’s recommendation, authority be delegated to the Assistant Director for Planning and Development to grant permission, subject to

a)    The conditions set out below (and any amendments to those conditions as seemed necessary) and

b)    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 necessary mitigation as set out below (and any amendments deemed necessary)

Conditions

1.    No development shall take place until full details of the layout, scale, appearance, and landscaping (hereafter referred to as reserved matters) of the hereby approved development 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, and Article 5(1) of the Town and Country Planning (General Development Procedure) Order 2015 (as amended).

2.    No development shall commence until a detailed scheme for surface water drainage of the development has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be based on the details contained within the Flood Risk Assessment (FRA) < Feb 2018 (v2) / Station Caravan Park, Banbury,( 2017s6068) / JBA Consulting > and the Drainage Strategy < Oct 2018 (v3) / Station Caravan Park, Banbury, (2017s6068) / JBA Consulting >  and shall include (but not be limited to) details of the following (based on the mitigation measures detailed within the Drainage Strategy):

- Limiting the surface water run-off generated by the 100 year critical storm (with an allowance for Climate Change) to 66.9 l/s so that it will provide betterment to the existing run-off from the developed site and not increase the risk of flooding off-site. (Section 3.6.2 of the Drainage Strategy)

- Use of permeable paving SuDS (or other SuDS method described in the strategy) to provide attenuation storage (Section 3.6 of the Drainage Strategy)

- Exceedance storage in the central/northern car park area  to contain on site exceedance flows from the development which will be routed away from any residential property (Section 3.5.3 of the Drainage Strategy)

- A SuDS Management and Maintenance Plan (based on the principles outlined in Section 3.7 of the Drainage Strategy). In addition  ...  view the full minutes text for item 28.

Refused, in line with the officer recommendation. Reasons to be set out in the minutes.

The Committee considered application 23/00401/F for change of use of part of building to form 10no apartments (Use Class C3) including the partial demolition and alterations to the rear elevation, an external staircase, and internal alterations at Borough House, Marlborough Road, Banbury for Fellside Estates.

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

Resolved

That application 23/00401/F be refused, in line with the officer’s recommendation, for the following reasons:

1.         By virtue of the contrived rear fire escape to serve the library, the proposal would demonstrate less than substantial harm to the designated heritage assets, with no public benefit. Therefore the proposal has a detrimental impact on significance of the Grade II listed building, and would detract from the views within, the character and appearance of the Banbury Conservation Area resulting in harm to both heritage assets. The harm identified significantly outweighs any public benefits. The proposal therefore fails to accord with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policies C28 and C30 of the Cherwell Local Plan 1996 and guidance contained within the National Planning Policy Framework. 

2.         There is insufficient information provided to demonstrate that the proposal would not have an effect on drainage and flood risk. The proposal is therefore contrary to Policy ESD6 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework. 

3.         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 infrastructure contributions required as a result of the development, and necessary to make the impacts of the development acceptable in planning terms. As such, the proposal is contrary to Policy INF1 of the CLP 2015, CDC’s Planning Obligations SPD 2018 and Government guidance within the National Planning Policy Framework. 

Refused, in line with the officer recommendation. Reasons to be set out in the minutes.

The Committee considered application 23/00402/LB for the Change of Use of part of building to form 10 no. apartments (Use Class C3) including the partial demolition and alterations to the rear elevation, an external staircase, and internal alterations at Borough House, Marlborough Road, Banbury for Fellside Estates.

In reaching its decision the Committee considered the officers report and presentation.

Resolved

That application 23/00402/LB be refused, in line with the officer’s recommendation, for the following reason:

1.         By virtue of the sub-division, and loss of historic plan form, and the contrived rear fire escape to serve the library, the proposal would demonstrate less than substantial harm to the designated heritage assets, with no public benefit. Therefore, the proposal has a detrimental impact on significance of the Grade II listed building as a designated heritage asset. The harm identified significantly outweighs any public benefits. The proposal therefore fails to accord with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C18 of the Cherwell Local Plan 1996 and guidance contained within the National Planning Policy Framework.

Report of Assistant Director Planning and Development

Purpose of report

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

Recommendations

The meeting is recommended:

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

Resolved

(1)          That the position statement be accepted.

The Assistant Director Planning and Development submitted a report which informed Members about planning appeal progress including decisions received and the scheduling of public inquiries and hearings for new and current appeals.

Resolved

(1)          That the position statement be accepted.