Agenda, decisions and minutes

7. Bicester Gateway Business Park, Wendlebury Road, Chesterton.

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.

8. Bicester Heritage Buckingham Road Bicester.

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.

9. Land South East Of Town And Country Scaffolding Ltd, Tramway 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 To Rear of 1 and 2 Langford Park Cottages, London Road, Bicester.

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.

11. 112 Mold Crescent, Banbury, OX16 0EU.

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

Councillor Barry Richards, Declaration, as the applicant was known to him and he would not take part in the debate or vote on the application.

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

12. Jamar, 5 Hightown Leyes, Banbury, OX16 9NP.

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.

13. Land Adjacent to the Oxford Canal Spiceball Park Road Banbury (1204).

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 Barry Wood, Non Statutory Interest, as a member of the Executive and would leave the meeting for the duration of the item.

Councillor Colin Clarke,  ...  view the full minutes text for item 36.

There were no requests to address the Committee. / The Chairman advised that requests to address the meeting would be dealt with at each item.

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 18 June 2020.

The Minutes of the meeting held on 18 June 2020 were agreed as a correct record and would be signed by the Chairman in due course.

To receive communications from the Chairman.

The Chairman made the following announcement:

1.       At her request as a reminder for Members, the Interim Senior Manager Development Management would circulate details of the ‘Member Call In’ procedures for planning applications to all Members.

There were no items of urgent business.

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

The Committee considered application 20/00293/OUT an outline application (Phase 1B)  including access (all other matters reserved) for approximately 4,413 sqm B1 office space (47,502 sqft) GIA, up to 273 residential units (Use Class C3) including ancillary gym, up to 177 sqm GIA of café space (Use Class A3), with an ancillary, mixed use co-working hub (794 sqm/ 8,550 sqft GIA), multi-storey car park, multi-use games area (MUGA), amenity space, associated infrastructure, parking and marketing boards at Bicester Gateway Business Park Wendlebury Road Chesterton for Mr Cutler.

Emma Lancaster of Albion Land addressed the Committee in objection to the application.

Paul Troop of Bicester Bike User Group addressed the Committee in objection to the application.

Philip Clarke, Chairman of Chesterton Parish Council addressed the Committee in support of the application.

Richard Cutler of Bloombridge Development 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 permission be granted for application 20/00293/OUT subject to:

a)       Planning conditions drafted to cover the following headline matter:

1.       Restriction to the development/uses applied for

2.       Requirement to submit a reserved matters application

3.       Timescale for submission of reserved matters

4.       Plans for approval

5.       Vegetation clearance undertaken outside the bird nesting season

6.       Retention of vegetation except to allow for means of access 

7.       Agreement of finished floor levels (with levels no less than as set out in the FRA)

8.       Requirement to provide details of ecological enhancement measures

9.       Requirement for protected species checks (site walkovers)

10.     Requirement to provide details of sustainable design measures including the provision of on-site renewable energy technologies.

11.     The achievement of BREEAM very good standard

12.     Restriction of permitted development rights to ensure all required service infrastructure be provided underground unless otherwise granted through a reserved matters application

13.     Requirement for the provision of a phasing plan

14.     Requirement to provide a Construction Method Statement

15.     Requirement to provide a Construction Environmental Management Plan (CEMP) for Biodiversity

16.     Requirement to provide an Arboricultural Method Statement including tree protection measures

17.     Requirement to provide a Training and Employment Management Plan

18.     Requirement to provide a surface water drainage scheme including long term management and maintenance arrangements

19.     Requirement to provide a foul drainage scheme

20.     Requirement to provide full details of accesses, footways, cycleways

21.     Conditions as necessary relating to the public rights of way

22.     Conditions relating to archaeology to require further work pre-reserved matters and then to require a watching brief and details of development within the area to be preserved in situ.

23.     A series of conditions relating to contaminated land.

24.     Requirement for an odour assessment

25.     Requirement for details of any required piling

26.     Requirement for a noise survey to ensure that residential dwellings can be appropriate mitigated to ensure they are not unduly impacted by noise

27.     Requirement to agree details of tree works on land to the south of  ...  view the full minutes text for item 41.

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

The Committee considered application 19/02708/OUT an outline application to provide new employment units comprising of B1 (Business), B2 (General Industrial), B8 (Storage) and D1 (Education) uses with ancillary offices, storage, display and sales, with all matters reserved except for access at Bicester Heritage, Buckingham Road, Bicester for Bicester Motion.

At its 13 February 2020 meeting the Planning Committee had agreed to hold a pre-committee site visit for the application.  Due to the current Coronavirus restrictions a site visit was not possible at this time.  With the agreement of the Planning Committee, Bicester Motion had supplied drone footage of the site which was played to the Committee prior to the officer’s presentation.

Pamela Roberts of Campaign to Protect Rural England, addressed the Committee in objection to the application.

Dan Geoghegan, 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 update.

Resolved

(1)      That authority be delegated to the Assistant Director Planning and Development to grant permission for application 19/02708/OUT subject to:

1)       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)       Strategic Highways Contribution (Skimmingdish Lane) - £219,397

b)       Traffic Regulation Order - £6,240

c)       Travel Plan Monitoring Fee - £2,040

d)       Highway Works 1 (Banbury Road Roundabout) – Cost TBC

e)       An obligation to enter into a Section 278 agreement

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

CONDITIONS

Time Limit and Plans

1. Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved whichever is the later.

Reason: 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. Details of the layout, scale, appearance and landscaping (hereafter referred to as 'the reserved matters') shall be submitted to and approved in writing by the Local Planning Authority before any development takes place and the development shall be carried out as approved.

Reason: 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 6 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).

3. Except where otherwise stipulated by conditions attached to this permission,  ...  view the full minutes text for item 42.

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

The Committee considered application 20/00247/F for the erection of three B1 (c) light industrial units at Land South East of Town and Country Scaffolding Limited, Tramway Road, Banbury for Mr R Levenston.

Mark Schmull of Arrow Planning Limited 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 speaker and the written updates.

Resolved

(1)      That authority be delegated to the Assistant Director Planning and Development to grant permission for application 20/00247/F subject to:

          1)       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) Provision of a financial contribution towards the provision of new bus stop infrastructure on Tramway Road.

b) The safeguarding of a footpath/cycle way route on the northern boundary of the site (adjacent to the River Cherwell) and option to transfer this land to the Council at no cost to the Council.

2)       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: Application forms, Preliminary Arboricultural Assessment, Flood Risk Assessment and Drainage Strategy (issue 02), Preliminary Ecological Appraisal (May 2020), Reptile Survey (Report No: RT-MME-150960-02), Reptile Mitigation Strategy  (Report No: RT-MME-150960-01 Rev A), Bat Survey (Report No: RT-NME-152681-01), Otter and Water Vole Survey and Mammal Hole Monitoring (Report RT-NME-152681-02) and drawing numbers 0700 003, 0705 008, 0706 001, 0710 003, 0771001, 0720 002, 19-088/310 P2, 19-088/311 P1.

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.

Detailed Drainage Strategy

3.     Development shall not begin until a detailed surface water drainage scheme for the site, in accordance with the approved Drainage Strategy drawing 19-088 / 310 P2, has been submitted to and approved in writing by the planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is occupied and shall be managed and maintained in perpetuity with the agreed details. The scheme shall also include:

• A Flood Exceedance Conveyance Plan;

• Detailed maintenance management plan in accordance with Section 32 of

CIRIA C753 including maintenance schedules for each drainage element;

• Explanation of “Flood” on PN 2.000 SP2

Reason: To ensure the site is appropriately drained and does not  ...  view the full minutes text for item 43.

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

The Committee considered application 20/01195/F for the demolition of an existing garage and the erection of 2no single storey dwellings at the rear of 1, 2 & 3 Langford park cottages at Land to the rear of 1 and 2 Langford Park Cottages, London Road, Bicester for Stuart Newynskyj and Alan Tucker. This application was a re-submission of application 19/02416/F.

Councillor Dan Sames, local Ward Member addressed the Committee in support of the application.

Stuart Kirkwood of SK Architects addressed the Committee in support of the application.

It was proposed by Councillor Lynn Pratt and seconded by Councillor Ian Corkin that application 20/01195/F be approved with appropriate conditions contrary to the officer recommendation as these were much needed single storey homes within easy reach of local amenities.

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 authority be delegated to the Assistant Director Planning and Development to grant permission for application 20/01195/F subject to suitable conditions. (the exact conditions and the wording of those conditions to be delegated to the Assistant Director for Planning and Development)

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

The Committee considered application 20/01427/F for alterations, a rear extension, removal of a chimney and conversion of an existing 3 bed dwelling into 2 independent flats at 112 Mold Crescent, Banbury, OX16 0EU for Mr Balbir S Dhesi.

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 20/01427/F 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 application form and drawings numbered: 00-ST-001/A, 00-ST-02/A, 00-PR-01/A and 00-PR-02/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.

Transport

3.    Prior to the first occupation of the development hereby permitted, covered cycle parking facilities shall be provided on the site in accordance with details which shall be firstly submitted to and approved in writing by the Local Planning Authority. Thereafter, the covered cycle parking facilities shall be permanently retained and maintained for the parking of cycles in connection with the development.

Reason: In the interests of sustainability, to ensure a satisfactory form of development and to comply with Government guidance contained within the National Planning Policy Framework.

4.    No development shall commence above slab level until a scheme for a system of ducting to allow for the future installation of electrical vehicle charging infrastructure to serve the dwelling has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details prior to the first occupation of the dwelling.

Reason: To comply with Policies SLE 4, ESD 1, ESD 3 and ESD 5 of the Cherwell Local Plan 2011-2031 Part 1 and to maximise opportunities for sustainable transport modes in accordance with paragraph 110(e) of the National Planning Policy Framework.

5.    Prior to the first occupation of the development hereby approved, the parking area shall be provided in accordance with the plan approved and shall be constructed from porous materials or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the site. Thereafter, the parking and manoeuvring area shall be retained in accordance with this condition and shall be unobstructed except for the parking and manoeuvring of vehicles at all times.

Reason: In the interests of highway safety, to  ...  view the full minutes text for item 45.

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

The Committee considered application 20/01444/F for the erection of one, 3-bedroom residential dwelling at Jamar, 5 Hightown Leyes, Banbury, OX16 9NP for Mr Mike Bishop.

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 20/01444/F 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 application form and drawings numbered: 001, 104, 105 and 106.

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.

Materials

3.    No development shall commence above slab level unless and until a detailed schedule of materials and finishes for the external walls and roofs of the development hereby approved, including samples of such materials, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved schedule and shall be retained as such thereafter.

Reason: To ensure the satisfactory appearance of the completed development and 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.

Transport

4.    Prior to the first occupation of the development hereby approved, the parking area shall be provided in accordance with the plan approved and shall be constructed from porous materials or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the site. Thereafter, the parking and manoeuvring area shall be retained in accordance with this condition and shall be unobstructed except for the parking and manoeuvring of vehicles at all times.

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

5.    Prior to the first occupation of the development hereby approved, details of the cycle parking areas, including dimensions and means of enclosure, shall be submitted to, and approved in writing by, the Local Planning Authority. The development shall not be brought into use until the cycle parking areas and means of enclosure have been provided within the site in accordance with the approved details and thereafter the areas shall be retained solely for the purpose of the  ...  view the full minutes text for item 46.

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

The Committee considered application 20/01204/DISC for the discharge of Condition 3 (external lighting) in relation to Block A (Hotel) of 17/00284/REM at land adjacent to the Oxford Canal, Spiceball Park Road, Banbury for Ian Wallace.

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

Resolved

(1)       That permission be granted for application 20/01204/DISC in accordance with Condition 3 Block A Hotel, Lighting Application, 941-Banbury Castle Quay, Project 8388, Rev J-LA, Dated 12.06.2019.

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

The Committee considered application 20/01203/DISC for the discharge of Condition 2 (materials) of application 17/00284/REM at land adjacent to the Oxford Canal, Spiceball Park Road, Banbury for Ian Wallace.

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

Resolved

(1)       That permission be granted for application 20/01203/DISC in accordance with Condition 2 - Additional Materials to Blocks B and C. Leslie Jones Architecture, 3787, Report on Revised Planning Drawings and Changes, dated 13th September 2019.

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

The Committee considered application 20/01104/DISC for the discharge of condition 3 (parking space specification) of 17/01113/F at General Foods Sports and Social Club, Spiceball Park Road, Banbury, OX16 2PA for Cherwell District Council.

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

Resolved

(1)       That permission be granted for application 20/01104/DISC in accordance with Condition 3 - Proposed Ground Floor Plan Cq2-Lja-E0-00-Dr-A4300 Block D – Social Club Drainage G.A Cq2-Mjm-Sc-B2-Dr-C-1575

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

The Committee considered application 20/01105/DISC for the discharge of condition 18 (Arboricultural Method Statement) of application 16/02366/OUT at Land Adjacent to the Oxford Canal, Spiceball Park Road, Banbury for Mr Ian Wallace.

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

Resolved

(1)       That permission be granted for application 20/01105/DISC in accordance with Condition 18 – Aboricultural Method Statement. Leslie Jones Architecture, 3787, Report on Revised Planning Drawings and Changes, dated 13th September 2019.

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.

Resolved

(1)          That the position statement be accepted.

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.

Report of Assistant Director Planning and Development

Purpose of Report

To inform Members about planning enforcement cases at CDC and update on

the current position following the update in January regarding case numbers and how the team has operated during the COVID19.

Recommendation

 The meeting is recommended:

1.1       To note the contents of the report.

Resolved

(1)       That the contents of the report be noted.

The Assistant Director Planning and Development submitted a report which informed Members about planning enforcement cases at Cherwell District Council and updated the Committee on the current position regarding case numbers and how the team was operating during the COVID19 pandemic.

Resolved

(1)       That the contents of the report be noted.