Agenda, decisions and minutes

8. The Foscote Clinic, 2 Foscote Rise, Banbury, OX16 9XP.

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

Councillor Colin Clarke, Conflict of Interest, as a neighbour who would be affected by the application and would leave the meeting for the duration of the item.

9. Land South West of Queens Avenue and Kingsclere Road, Bicester OX26 2JH.

Councillor Les Sibley, Non Statutory Interest, as a member of Bicester Town Council which has been consulted on the application and a separate declaration for Conflict of Interest, as he had opposed the application and would address the committee as local Ward Councillor and not participate in the debate or vote on the application as a Planning Committee Member.

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

10. Land West of Chinalls Close adj to Banbury Road, Finmere.

Councillor Mike Kerford-Byrnes, Non Statutory Interest, as a member of Finmere Parish Council but he had not taken part in any aspect of the parish consultation on the application.

12. Sites B C D And E, MOD Bicester, Murcott Road Upper, Arncott.

Councillor Barry Wood, Non Statutory Interest, as a member of the Shareholder Committee.

Councillor Ian Corkin, Conflict of Interest, as a Non-Executive Director of Graven Hill and would leave the meeting for the duration of the item.

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.

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.

Currently Council meetings are taking place in person (not virtually) with social distancing measures at the meeting. Members of the public who wish to address the meeting can do so ‘virtually’ and are strongly encouraged to do so to minimise the risk of COVID-19 infection. Any person requesting to address the meeting will be advised of the arrangements for speaking, which are in addition to the usual public speaking rules for Planning Committee.   

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 10 February 2022.

Subject to the following alteration to minute 139  - Former Rodney House Private Drive off Graven Hill Road, Ambrosden the Minutes of the meeting held on 10 February 2022 were agreed as a correct record and signed by the Chairman:

Deletion of item C – CDC S106 monitoring fee from the resolution.

To receive communications from the Chairman.

The Chairman made the following announcement:

1.   A questionnaire from the Chairman relating to site visits would be circulated to Planning Committee Members and Substitutes regarding site visits.

2.   Application 21/03523/OUT, Land at Heyford Grange, Letchmere Farm, Camp Road, Heyford Park would be considered first.

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 pre-committee site visits.

Approved, subject to completion of a S106 legal agreement and conditions which will to be set out in the minutes.

The Committee considered application 21/03523/OUT, an outline planning application for the erection of up to 31 dwellings, public open space, landscaping, associated parking, vehicular access and ancillary works (all matters reserved except means of access) at Land at Heyford Grange, Letchmere Farm, Camp Road, Heyford Park for Pye Homes Limited.

Nigel Pugsley, Agent for the applicant addressed the meeting in support of the application.

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

Resolved

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 21/03523/OUT subject to:

          i)        The completion of a planning obligation under section 106 of the Town and Country Planning Act 1990, to secure the heads of terms listed below (and any amendments as deemed necessary);

          Affordable Housing:

•         10 affordable units to be delivered

•         Affordable mix to be agreed with CDC

•         3 4-person units required

•         50% of the affordable rented units must meet the Building Regulations Requirement M4(2) Category 2: Accessible and Adaptable Dwellings requirement. Additionally, 100% of the affordable housing units are to be built the government's Nationally Described Space Standard (Technical Housing Standards). The wheelchair unit should conform to M4 (2) Category 3 of building regs accessibility requirement agreed with the Council.

Apprenticeships & Skills:

•         The submission of an Employment Skills and Training Plan which would state the target number of apprenticeships within it and will require that it also sets out the arrangements through which the apprenticeships will be provided.

•         Provision of 2.5 apprenticeships

Biodiversity:

•         Enhancement towards and/or provision of off-site ecological mitigation measures to an agreed specification and quantum. Financial contribution in the region of £78,371

Conservation of heritage interests:

•         Financial contribution in the region of £104,494

          Health:

•         Support Improvement of local primary care infrastructure (OCCG) based on OCCGs adopted policy to use a calculation of 2.4 x number of dwellings x £360 for contributions to health infrastructure.- £26,784

Household Waste Recycling Centres:

•         Expansion and efficiency of Household Waste Recycling Centres (HWRC) - a contribution of £3,441

Contributions towards community infrastructure and open space:

•         Indoor Sports Provision-£25,883.35

•         Outdoor Sport Provision-£62,527.93

•         Community Hall Facilities-£35.442.96

•         Public Art/Public Realm-£6,994

•         Community Development Worker-£6,243.38.

•         Allotments-£64,856 capital sum to build out allotments and £4,888.00 maintenance sum

•         Cemetery Provision - tbc

•         POS-maintenance for 15 years at £20.49 m2

•         Tree/hedgerow maintenance for 15 years-£198.82 per tree/£20.49m2 per hedge (to be measured)

•         LAP with 3 pieces of equipment provided. Commuted maintenance/inspection sum for 15 years-contribution of £tbc

•         Commuted sum for maintenance of watercourse and swales (for 15 years)- Total length of watercourse to be measured and multiplied by £116.98/m2/Swales £97.71 per m2

Oxfordshire County Council

Library:

Funding of Bicester library-financial contribution-£3,348

Education:

•         Primary and nursery education serving the development- £213,125

•         Primary school land contribution-£20.053

•         Secondary education capacity serving the development-£99,480

•         SEN capacity serving the development-£15,103

Waste Management:

Contribution  ...  view the full minutes text for item 148.

Approved, subject to resolution of Lead Local Flood Authority objections, completion of a S106 legal agreement and  conditions which will to be set out in the minutes.

The Committee considered application 21/00549/F for a single storey extension to create radiology areas, upper floors to provide a Staff Room and a new Boardroom and additional car parking at The Foscote Clinic, 2 Foscote Rise, Banbury, OX16 9XP for Shakib and Company.

Andy Tilsiter, agent for the applicant and Roger Cumming, architect for the applicant, addressed the committee in support of the application.

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

Resolved

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 21/00549/F subject to:

i)        A resolution of the lead local flood authority’s objection

ii)        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 Heads of Terms (and any amendments as deemed necessary):

S106 HEAD OF TERMS

a) Payment of £3,190 for the cost of Traffic Regulation Order towards the administration costs of the County Council processing the legal order required (lining and signing costs are to be met by applicant)

b) Payment of £2,379 for the cost of Travel Plan Monitoring towards the cost incurred by the County Council in monitoring the required Travel Plan.

If the Section 106 agreement/undertaking is not completed and the permission is not able to be issued by this date and no extension of time has been agreed between the parties, authority be delegated to the Assistant Director of Planning and Development to refuse the application for the following reason:

1.       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 traffic mitigation 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 Policy ESD 15 of the CLP 2015, as well as paragraphs 108, 110 and 111 of the NPPF.

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

CONDITIONS

1.       The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

          Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.       The development shall not be carried out otherwise than in complete accordance with the approved plans 001, 202, 203, 204, 205, 206, 207, received 18/02/2021 and additional plans reference 228 Rev A received 14/10/2021, and 209, L001 received 11/11/2021 and FAH-ZZ-DR-D-0001 Rev P2 received 19/11/2021 and Transport Report by EAS Transport Planning Ltd reference 3085/2020 dated 22/12/2020, received 18/02/2021, Parking Survey by EAS Transport Planning Ltd reference 20210621-TN-Revision A dated 22/06/2021, received 22/06/2021, Arboricultural Method Statement by Wharton reference 210422  ...  view the full minutes text for item 149.

Approved, subject to resolution of Lead Local Flood Authority objections, completion of a S106 legal agreement and  conditions which will be set out in the minutes.

The Committee considered application 21/02890/F for the development of 10 residential units at Land South West of Queens Avenue and Kingsclere Road, Bicester, OX26 2JH for Bicester Builders Homes Limited.

Councillor Sibley addressed the committee as local ward member in objection to the application.

Peter Foxton CBE, a local resident addressed the committee in objection to the application.

Aidan Lynch, agent for the applicant addressed the committee in support of the application.

It was proposed by Councillor Broad and seconded by Councillor Pratt that application 21/02890/F be refused due to the design and bulk of the building and the lack of parking available for residents and visitors.

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

It was proposed by Councillor Woodcock and seconded by Councillor Perry that application 21/02890/F be approved in line with the officer recommendation.

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

Resolved

(1)      That authority be delegated to the Assistant Director of Planning and Development to grant permission for application 21/02890/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 Heads of Terms (and any amendments as deemed necessary):

S106 HEADS OF TERMS

a)       £51,250 - £69,500 Highway Works Contribution Towards Provision of active travel measures on Queens Avenue along the development frontage

b)       £5,135 Traffic Regulation Order Contribution Towards Consultation fees regarding mitigation measures on Kingsclere Road

c) The provision for S106 monitoring fees.

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

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.       The development shall not be carried out otherwise than in complete accordance with the approved plans ANCR-ICS–01-XX-DR-C-0300-S4 Rev P01, ANCR-ICS-01-XX-DR-C-0402-S4 Rev P01, ANCR-01-XX-DR-C-0200-S Rev P01, ANCR-ICS-01-XX-DR-C-400-S4 Rev P01, ANCR-ICS-01-XX-DR-C-0100-S4 P01, received 20/08/2021, drawing reference 348-200 Rev B, received 25/11/2021, drawing reference 348-208 Rev B, 348-207 Rev C, 348-206 Rev B, 348-205 Rev B, 348-204 Rev C, 348-203 Rev C, 348-202 Rev C, received 29/01/2022, and drawing reference 348-209 received 30/01/2022 unless a non-material or minor material amendment is approved by the Local Planning Authority under the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).

Reason: To clarify the permission and for the avoidance of doubt

3.       The external walls of the building using stone shall be constructed in weathered limestone which shall be laid, dressed, coursed and pointed using a lime based mortar with brushed or rubbed joints in accordance with a sample panel (minimum 1 metre squared in size)  ...  view the full minutes text for item 150.

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

The Committee considered application 21/03066/OUT, an outline application for up to 30 Dwellings and detailed access from Banbury Road, with all other matters reserved, at Land West of Chinalls Close adj to Banbury Road, Finmere for Katie Christou.

Joanne Brooks, local resident, addressed the committee in objection to the application.

Katie Christou, Planning Manager for Hayfield Homes addressed the committee in support of the application.

It was proposed by Councillor Corkin and seconded by Councillor Wood that application 21/03066/OUT be refused contrary to the officer’s recommendation due to it being in an unsustainable location, outstanding archaeology concerns, a lack of S106 agreement, a loss of high value agricultural land and surface water flooding.

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

Resolved

(1)      That application 21/03066/OUT be refused contrary to the officer’s recommendation due to:

a)       Unsustainable location on the edge of the village, dislocated to it, and turning its back on the existing settlement. Lack of connection the village. 

b)       Outstanding Archaeology concerns

c)       Lack of S106 

d)       Loss of high value agricultural land  

e)       Surface water flooding and potential impacts on surrounding properties (Anglian Water concerns) 

With the exact wording of the reasons for refusal delegated to the Assistant Director for Planning and Development.

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

The Committee considered application 21/03749/F for a variation of condition 2 (plans) of application 19/00937/OUT - The submitted proposals show the relocation of the Community Centre, Extra Care Facility, Nursery and Pub. The masterplan is proposed to be amended to include these proposals, and excludes the employment land, for clarity (Site D) at Sites B, C, D and E, MOD Bicester, Murcott Road, Upper Arncott for Mr Adrian Unitt.

Paul Troop, a local resident, addressed the committee in objection to the application.

John Jowitt, agent for the applicant, addressed the committee in support of the application.

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

Resolved

(1)      That the Planning Condition 2 of application 19/00937/OUT be varied subject to the following:

1.       No development shall commence on any part of the site until full details of the internal access roads and circulation routes, layout, scale, appearance and landscaping for that part of the site (hereafter referred to as "the reserved matters") 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 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).

2.       Except where otherwise stipulated by condition, the development shall be carried out strictly in accordance with the following plans and documents: Application forms, Environmental Statement and drawings numbered:

          •         1982-A-L-005-B [MOD Bicester Application Site Red Line]

          •         1982-A-L-010-AB [Proposed Master plan] – with the exception of    the employment land which is covered by INC-SA[20]0020 Rev P11 [Employment Land Masterplan]

          •         1982-A-L-035-D [Building Density Constraints]

          •         1982-A-L-050-O [Land Transfer Areas]

          •         1982-A-L-060-H [Commercial Areas Sheet 1]

          •         1982-A-L-073-L (05.07.18) - [Primary School Plan]

          •         1982-A-L-074-G (13.07.18) - [Primary School Title plan Land Transfer 1]

          •         1982-A-L-550 H (16.5.14) [Final Bus Route LTA 1 and LTA 2]

          •         1982-A-L-553-G (19.5.14) [Spine Road Location Land Transfer 1 and 2]

          •         1982-A-L-556 [Temporary Bus Rouse Phase 1a]

          •         1982-A-L-549 B [Temporary Bus Route Phase 1b]

          •         1545 (05.03.2018) [Rodney House roundabout Temporary Pedestrian Management]

          •         1546 (04.03.2018) [Rodney House roundabout Pedestrian management]

          •         1982-A-L-040 AB [Land Use Plan]

          •         27808-L508a (December 2012) - Landscape Screening Proposals

          •         27808-LEA520a (December 2012) - C Site strategic masterplan

          •         27808-L509 (December 2012) - C Site: Proposed Sections

          •         27808-L506 (December 2012) - C Site: Screen planting to west boundary

          •         27808-L415 (September 2011) - MOD Bicester application sites

          •         27808-L464.dwg.smitv (September 2011) - A41/Pioneer Road mitigation scheme 

•         27808-L390.dwg (September 2011) - A41/Graven Hill Road/ B4100 mitigation scheme (Signal)

Reason - For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and to comply with Government guidance contained within  ...  view the full minutes text for item 152.

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.

In response to questions from the Committee regarding the Ben Jonson Public House site, the Senior Manager - Development Management, advised the Committee that an update would be provided to Committee Members outside of the meeting.

Resolved

(1)            That the position statement be accepted.