Agenda and minutes

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

Members declared interest with regard to the following agenda items:

6. BicesterTown Centre Development, Manorsfield Road, Bicester.

Councillor Barry Wood, Prejudicial, as a Member of Executive who may have previously considered the issue.

Councillor D M Pickford, Prejudicial, as a Member of Executive who may have previously considered the issue.

Councillor James Macnamara, Prejudicial, as a Member of Executive who may have previously considered the issue.

Councillor Ken Atack, Prejudicial, as a Member of Executive who may have previously considered the issue.

Councillor Nicholas Turner, Prejudicial, as a Member of Executive who may have previously considered the issue.

7. Orchard Way Shopping Parade, Orchard Way, Banbury, Oxfordshire.

Councillor Alastair Milne Home, Personal, as a Member of Banbury Town Council.

Councillor Barry Wood, Prejudicial, as a Member of Executive who may have previously considered the application.

Councillor Colin Clarke, Personal, as a Member of Banbury Town Council.

Councillor D M Pickford, Prejudicial, as a Member of Executive who may have previously considered the issue.

Councillor James Macnamara, Prejudicial, as a Member of Executive who may have previously considered the issue.

Councillor Ken Atack, Prejudicial, as a Member of Executive who may have previously considered the issue.

Councillor Leslie F Sibley, Prejudicial, as a Member of Charter Community Housing Board.

Councillor Rose Stratford, Prejudicial, as a Member of Charter Community Housing Board.

8. Land at Brookhill Way, Off Wildmere Road, Banbury.

Councillor Alastair Milne Home, Personal, as a Member of Banbury Town Council.

Councillor Colin Clarke, Personal, as a Member of Banbury Town Council.

9. Land West of Network 11 Development, Thorpe Way, Banbury.

Councillor Alastair Milne Home, Personal, as a Member of Banbury Town Council.

Councillor Colin Clarke, Personal, as a Member of Banbury Town Council.

11. Land at The Garth, Launton Road, Bicester.

Councillor Barry Wood, Prejudicial, as a Member of Executive who may have previously considered the application.

Councillor D M Pickford, Personal, as a Member of Bicester Town Council and Prejudicial as a Member of Executive who may have previously considered the application.

Councillor Ken Atack, Prejudicial, as a Member of Executive who may have previously considered the application.

Councillor Lawrie Stratford, Personal, as a Member of Banbury Town Council.

Councillor Leslie F Sibley, Personal, as a Member of Banbury Town Council.

Councillor Nicholas Turner, Prejudicial, as a Member of Executive who may have previously considered the application.

Councillor Rose Stratford, Personal, as a Member of Banbury Town Council.

The Chairman to report on any requests to submit petitions or to address the meeting.

The Chairman advised the Committee that requests to address the Committee would be dealt with at each item.

The Chairman to advise whether they have agreed to any item of urgent business being admitted to the agenda.

There was no urgent business.

To confirm as a correct record the Minutes of the meeting of the Committee held on 28 January 2010.

The Minutes of the meeting held on 28 January 2010 were agreed as a correct record and signed by the Chairman.

Report of Development Control and Major Developments

Summary

To seek the confirmation of an unopposed Tree Preservation Order relating to an Oak Tree at Hornton Primary School, Banbury (copy plan attached as Annex 1)

Tree Preservation Order No. (11/2009).

Recommendation

The Planning Committee is recommended to:

(1)      Confirm the Order without modification.

The Committee considered a report of the Head of Development Control and Major Developments which sought the confirmation of an opposed Tree Preservation Order relating to an Oak Tree at Hornton Primary School, Hornton.

Councillor Douglas Webb spoke in objection to the proposed Tree Preservation Order as Ward Member.

The Committee discussed the potential problems that could arise due to the Oak Tree’s proximity to nearby electricity cables.

Resolved

That Tree Preservation Order No. (11/2009) not be confirmed.

The Committee considered a report of the Head of Development Control and Major Developments for a foodstore, non-food retail, cinema, car park, servicing and other ancillary town centre uses (amendments relating to 07/00422/F approved 03.09.09).

The Committee considered the potential impact of increased traffic and the temporary arrangements for traffic and pedestrians during construction. The Committee also discussed the importance of ensuring appropriate provisions were made for a taxi rank in Sheep Street.

In reaching their decision, the Committee considered the Officers’ report, presentation and written update.

Resolved

That application 09/01687/F be approved subject to:

(i)                 the applicants entering into a legal agreement to secure the same highway infrastructure and other matters which remain appropriate as secured through the legal agreement related to 07/00422/F, and to ensure that no works commence, other than the ‘enabling works’ (as defined), until land has been acquired to enable the northern roundabout on Manorsfield Road to be constructed at an appropriate stage in the construction process and

(ii)       the following conditions:

1.        SC 1.4A That 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.

2.         Notwithstanding the details shown on the approved plans all external walls and roofs of the buildings and all boundary/screen walls hereby permitted shall be constructed in accordance with a schedule of materials and finishes, including samples and sample panels of all materials and finishes, which shall have been submitted to or constructed on site and approved in writing by the LPA prior to the commencement of development. The development shall be carried out in accordance with the approved details.  

3.         No development shall commence on site until a schedule of materials and finishes, including samples, to be used on all hard surfaces including pavements, pedestrian areas, crossing points and steps has been submitted to and approved in writing by the LPA. The development shall be carried out in accordance with the approved schedule of materials and finishes. 

4.         No commercial units shall be occupied until seats, benches, litter bins, bollards, planters and other street furniture have been installed/erected in accordance with details that have previously been submitted to and approved in writing by the LPA. All street furniture shall be retained in accordance with the approved details at all times thereafter.

5.          No commercial unit shall be occupied until fingerpost and directional signage has been erected/provided within the site in accordance with a scheme which has previously been submitted to and approved in writing by the LPA. The signage shall be retained in accordance with the approved details at all times thereafter

6.          No commercial unit shall be occupied until boundary treatments within and around the site, including all gates around and within the site and all railings (including those around the decked car park) have been erected in accordance with details that have previously been submitted to and approved in writing by the LPA. The approved boundary treatments, gates and railings  ...  view the full minutes text for item 164.

The Committee considered a report of the Head of Development Control and Major Developments for a proposed mixed use development including four shops and thirty three social housing units.

The Committee considered the visual impact of the development and expressed concern regarding the proposed timber façade. Members discussed the positive impact the development may have to the site in terms of regeneration.

In reaching their decision, the Committee considered the Officers’ report, presentation and written update.

Resolved

That application 09/01776/F be approved subject to:

(i)    The Head of Development Control and Major Developments having delegated authority to negotiate the extent of the financial contributions requested as part of the S106, if necessary, and to approve the application subject to the concurrence of the Chairman of Planning Committee.

(ii)               the completion of a S106 agreement covering the following heads of terms;

·        Library contributions

·        Social and Healthcare

·        Fire and Rescue

·        Waste management and recycling contributions

·        Adult learning contributions

·        Museum resource contributions

·        Public transport contributions

·        Public Art

·        Bins

·        Landscape maintenance/informal open space

·        Indoor sports contribution

·        Outdoor sports/play contribution

·        CCTV Contribution

(iii)  the following conditions:

Conditions

1.       S.C        1.4A (RC2) – [Time: 3 years]

2.                Prior to the commencement of the development hereby permitted a phased risk assessment shall be carried out by a competent person in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11’. Each phase shall be submitted to and approved in writing by the Local Planning Authority;

Phase 1 shall incorporate a desk study and site walk over to identify all potential contaminative uses on site, and to inform the conceptual site model.  If potential contamination is identified in Phase 1 then a Phase 2 investigation shall be undertaken.

Phase 2 shall include a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present, the risks to receptors and to inform the remediation strategy proposals. If contamination is found by undertaking the Phase 2 investigation then Phase 3 shall be undertaken.

Phase 3 requires that a scheme of remediation and/or monitoring to ensure the site is suitable for its proposed use to be submitted to and approved in writing by the Local Planning Authority (LPA). The remediation shall be carried out in accordance with the approved scheme and the applicant shall provide written verification to that effect.

The development shall not be occupied until any approved remedial works have been carried out and a full validation report has been submitted to and approved in writing by the Local Planning Authority. In the event that gas protection is required, all such measures shall be implemented in full and confirmation of satisfactory installation obtained in writing from a Building Control Regulator.

3.      Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the schedule of drawings received 10 December 2009. 

4.     That prior to the first occupation of the development the existing means of access onto  ...  view the full minutes text for item 165.

The Committee considered a report of the Head of Development Control and Major Developments for one or a combination of B1 (office) B2 (general industrial) B8 (warehousing and distribution) and sui generis (car showroom).

In reaching their decision, the Committee considered the Officers’ report, presentation and written update.

Resolved

That application 09/01859/OUT be deferred for a maximum of two cycles to enable negotiations between the applicant and Oxfordshire County Council with regards to highway/transport contributions to be concluded.

The Committee considered a report of the Head of Development Control and Major Developments for the erection of six one bedroom temporary accommodation flats with associated parking.

The Committee considered the proximity of the site to the industrial estate and expressed concern regarding pedestrian safety. Members also discussed the suitability of the access arrangements to the site.

In reaching their decision, the Committee considered the Officers’ report, presentation and written update.

Resolved

That approval of application 09/01867/F be delegated to Head of Development Control and Major Developments to allow for the resolution of highways issues subject to the following conditions:

1.            1.4A - Full Permission:  Duration Limit (3 years) (RC2)

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: 2008/1007/P01 Rev.C, 2009/1007/P05 Rev.B, 2008/1007/P06 Rev.B, 2008/1007/P02 Rev. A, 2008/1007/P03 Rev. A, 2008/1007/P04 Rev.A

3.           That the external walls of the development shall be constructed in accordance with the material samples EH Smith Thorsby Buff and EH Smith Worcestshire Red Multi Brick, received in the department on 21/12/2009 and cream coloured render as stated on Drawing No. 2009/1007/P05 Rev. A and 2008/1007/P06 Rev. A.  (RC4A)

4.            2.2B – Samples of Roofing Materials (RC4A) - *insert ‘tiles’ and ‘development’

5.            That notwithstanding the plans hereby approved all windows shall include one horizontal glazing bar. (RC4A)

6.            3.0A - Submit Landscaping Scheme (RC10A)

7.            3.1A - Carry Out Landscaping Scheme and Replacements (RC10A)

8.            No works or development shall take place until a scheme for the protection of the retained trees and the trees protected by the Tree Preservation Order No. 19/91 has been agreed in writing with the Local Planning Authority.  (RC72A)

9.            4.13CD - Parking and Manoeuvring Area Retained (RC13BB)

10.         4.0BC - Access Specification Existing – (as plan Dwg No 2008/1007/P01) (RC 13BB) *insert ‘occupation’ and ‘building’

11.         4.8AA - Close Existing Access (RC13B) *insert ‘Thorpe Way’ and ‘provision of footway and full faced kerb across present opening’

12.         Prior to the commencement of the development hereby permitted a desk study and site walk over to identify all potential contaminative uses on site, and to inform the conceptual site model shall be carried out by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11’ and shall be submitted to and approved in writing by the Local Planning Authority. No development shall take place until the Local Planning Authority has given its written approval that it is satisfied that no potential risk from contamination has been identified.

13.         If a potential risk from contamination is identified as a result of the work carried out under condition 10, prior to the commencement of the development hereby permitted, a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present, the risks to receptors and to inform the remediation strategy proposals shall be documented as a report  ...  view the full minutes text for item 167.

The Committee considered a report of the Head of Development Control and Major Developments for the demolition of the existing commercial buildings and structures and construction of five houses and four class B1 office buildings with associated garages and parking.

The Committee considered the impact the proposed development would have on the village.

In reaching their decision, the Committee considered the Officers’ report and presentation.

Resolved

That application 09/01181/F be approved subject to the following conditions:

1.         That 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.

 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:

            Layout-656/p50

            Office elevations-656/p77;p78;79;p80

            Office floorplans-656/p60;p61;p62

            House 1-656/p51; p65;p66

            House 2-656/p52; p53;p67;p68;p69

            House 3-656/p70a;71a;p54;p55;

            House 4-656/p56; p57; p74; p73;p72

            House 5-656/p75a; p76a;p58;p59

            Street elevations-656/p63;p64

 3.        That the external walls of the dwellings and B1 offices shall be constructed in natural ironstone which shall be laid, dressed, coursed and pointed accordance with a sample panel (minimum 1m2 in size) which shall be constructed on site to be inspected and approved in writing by the Local Planning Authority prior to the construction of the development hereby permitted.

 4.        That the external walls of the dwellings and garages shall be constructed in brickwork, of a type, colour, texture, face bond and pointing, in accordance with a sample panel (minimum 1square metre in size) which shall be constructed on site to be inspected and approved in writing by the Local Planning Authority prior to the construction of the development hereby permitted.

 5.        That samples of the slates and tiles to be used in the covering of the roof of the dwellings, B1 offices and garages shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.  The development shall be carried out in accordance with the samples so approved.

 6.        That prior to the occupation of the dwellings and B1 offices, the existing means of access between the land and the highway shall be improved, laid out and constructed strictly in accordance with the specification of the means of access attached hereto, and that all ancillary works therein specified shall be undertaken in accordance with the said specification.

 7.        That, before any of the dwellings are first occupied, the proposed vehicular accesses, driveways and turning areas that serve those dwellings shall be constructed, laid out, surfaced and drained in accordance with specification details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.

 8.        That the proposed access road shall be constructed to Type NO INFILL GIVEN standards in accordance with the Oxfordshire County Council Design Guide for Residential Roads, before any of the dwellings are first occupied.

 9.        That, before the development is first occupied  ...  view the full minutes text for item 168.

The Committee considered a report of the Head of Development Control and Major Developments for a single exhibition house constructed to “Passivhaus” standards.

The Committee considered consultation feedback and queried the absence of comments from the Highways authority.

In reaching their decision, the Committee considered the Officers’ report, presentation and written update.

Resolved

That application 10/001009/F be approved subject to the following conditions:

1.                  That at the expiration of two years from the date of this permission the building shall be removed from the site and the land shall be restored to its former condition on or before that date. RC42A

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 including the materials schedules therein:

-                      drawing E008/01A

-                      drawing E008/02A

1.                  That samples of the material to be used in the external walls and roof of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The development shall be carried out in accordance with the samples so approved. RC4A

2.                  That details of any boundary treatments, hard or soft landscaping required for the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority prior to the installation of such features. Any approved installations shall be removed when this permission expires, in accordance with the requirements of Condition 1 above.

3.                  SC 6_2AA (Removal of residential permitted development rights for extensions)

4.                  SC 6_3A (Removal of residential permitted development rights for new windows)

5.                  SC 6_7AA (Removal of residential permitted development rights for aerials/satellite dishes etc)

Report of Head of Development Control and Major Developments

Summary

This report aims to keep members informed upon applications which they have authorised decisions upon to various requirements which must be complied with prior to the issue of decisions.

An update on any changes since the preparation of the report will be given at the meeting.

Recommendation

The Planning Committee meeting is recommended to:

(1)               Accept the position statement.

The Committee considered a report of the Head of Development Control and Major Developments which updated Members on decisions which were subject to various requirements.

Resolved

That the position statement be noted.

Report of the Head of Development Control and Major Developments

Summary

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.

Recommendation

The Planning Committee is recommended to:

(1)               Accept the position statement.

The Committee considered a report of the Head of Development Control and Major Developments which updated Members on applications where new appeals had been lodged, public inquiries/hearings scheduled or appeal results received.

Resolved

That the position statement be noted.