Agenda, decisions and minutes


Venue: Bodicote House, Bodicote, Banbury, OX15 4AA

Contact: Aaron Hetherington, Democratic and Elections  Email: aaron.hetherington@cherwellandsouthnorthants.gov.uk, 01295 227956

Media

Items
Note No. Item

3.

Declarations of Interest

Members are asked to declare any interest and the nature of that interest which they may have in any of the items under consideration at this meeting

Additional documents:

Minutes:

9. Land Adj To Cotswold Country Club And South Of Properties On, Bunkers Hill, Shipton On Cherwell.

Councillor Alan MacKenzie-Wintle, Declaration, as the applicant was known to him and would therefore leave the chamber for the duration of the item.

 

10. OS Parcel 9100 Adjoining And East Of Last House Adjoining And North Of, Berry Hill Road, Adderbury.

Councillor Alan MacKenzie-Wintle, Declaration, as the applicant was known to him and would therefore leave the chamber for the duration of the item.

 

Councillor Chris Heath, Declaration, as the applicant was known to her and would therefore leave the chamber for the duration of the item.

 

11. Woodpiece Road, Upper Arncott.

Councillor Colin Clarke, Declaration, as a member of the Executive and therefore would leave the chamber for the duration of the item.

 

Councillor G A Reynolds, Declaration, as a member of the Executive and therefore would leave the chamber for the duration of the item.

 

Councillor Lynn Pratt, Declaration, as a member of the Executive and therefore would leave the chamber for the duration of the item.

 

Councillor Richard Mould, Declaration, as a member of the Executive and therefore would leave the chamber for the duration of the item.

 

15. Graven Hill: MOD Bicester Sites D & E, Ambrosden Road Upper Arncott, Deed of Variation to Section 106 Legal Agreement.

Councillor Colin Clarke, Declaration, as a member of the Executive and therefore would leave the chamber for the duration of the item.

 

Councillor G A Reynolds, Declaration, as a member of the Executive and therefore would leave the chamber for the duration of the item.

 

Councillor Lynn Pratt, Declaration, as a member of the Executive and therefore would leave the chamber for the duration of the item.

 

Councillor Richard Mould, Declaration, as a member of the Executive and therefore would leave the chamber for the duration of the item.

 

Councillor David Hughes, Declaration, as a Non-Executive Director of Graven Hill Holding Company (Holdco) and would leave the chamber for the duration of the item.

 

4.

Requests to Address the Meeting

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

Additional documents:

Minutes:

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

 

5.

Urgent Business

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

Additional documents:

Decision:

Approved as per the recommendation as in the exempt report

Minutes:

There were no items of urgent business.

6.

Minutes pdf icon PDF 278 KB

To confirm as a correct record the Minutes of the meetings of the Committee held on 12 April 2018 and 15 May 2018.

Additional documents:

Minutes:

The Minutes of the meetings held on 12 April 2018 and 15 May 2018 were agreed as a correct record and signed by the Chairman.

7.

Chairman's Announcements

To receive communications from the Chairman.

 

Additional documents:

Minutes:

The Chairman made the following announcement:

 

1.    Under the Openness of Local Government Bodies Regulations 2014,members of the public were permitted to film, broadcast and report on the meeting, subject to the efficient running of the meeting not being affected.

 

2.    The Chairman advised that he had agreed to amend the running order of the meeting to enable a number of councillors to attend further meetings that evening.

 

18/00098/F

8.

Park Farm Agricultural Barn, New Street, Deddington pdf icon PDF 121 KB

Additional documents:

Decision:

Refused reasons to be set out in the minutes

Minutes:

The Committee considered application 18/00098/F for the conversion of an existing barn and associated out-building/stables to residential use including raising the roof of out-building/stables by 860mm and a new single storey extension to rear with living roof at Park Farm Agricultural Barn, New Street, Deddington for Mr & Mrs Bryn Williams.

 

Councillor Brown addressed the committee as Ward Member. This address also covered the subsequent application 18/00099/LB.

 

Richard Court, the applicant’s architect, addressed the committee in support of the application. This address also covered the subsequent application 18/00099/LB.

 

In reaching their decision the committee considered the officers’ report, presentation and address of the Ward member and public speaker.

 

Resolved

 

That application 18/00098/F be refused for the following reason:

 

1.            The proposals, by virtue of their siting, scale and design, would result in incongruous additions to this simple arrangement of traditional buildings of agricultural character and would result in significant and demonstrable harm to the special character and historic significance of the listed building, the setting of adjacent grade II listed building and the setting of the surrounding Deddington Conservation Area. The less than substantial harm caused is clear, significant and demonstrable and is not outweighed by the proposal's benefits. The proposals therefore conflict with saved Policies H21, C21, C28 and C30 of the Cherwell Local Plan 1996, Policy ESD 15 of the Cherwell Local Plan 2011-2031 Part 1, and Government guidance contained within the National Planning Policy Framework.

18/00099/LB

9.

Park Farm Agricultural Barn, New Street, Deddington pdf icon PDF 121 KB

Additional documents:

Decision:

Approved, subject to various requirements to be set out in the Minutes

Minutes:

The Committee considered application 18/00099/LB, listed building consent for the conversion of an existing barn and associated out-building/stables to residential use including raising the roof of out-building/stables by 860mm and a new single storey extension to the rear with living roof at Park Farm Agricultural Barn, New Street, Deddington for Mr & Mrs Bryn Williams.

 

Councillor Brown, addressed the committee as Ward Member. This address also covered the previous application 18/00098/F.

 

Richard Court, agent for the applicant, addressed the committee in support of the application. This address also covered the previous application 18/00098/F.

 

In reaching their decision, the committee considered the officers’ report, presentation and the address of the Ward member and public speaker.

 

Resolved

 

That application 18/00099/LB be approved and that authority be delegated to officers to determine the final wording of conditions.

 

 

17/02148/OUT

10.

Land Adj To Cotswold Country Club And South Of Properties On, Bunkers Hill, Shipton On Cherwell pdf icon PDF 127 KB

Additional documents:

Decision:

Refused reasons to be set out in the minutes

Minutes:

The Committee considered application 17/02148/OUT, an outline application for the demolition of an existing club house, bowling club pavilion and ancillary store and the erection of 10 no. dwellings and access improvements at Land adjacent to Cotswold Country Club and south of properties on Bunkers Hill, at Shipton On Cherwell for Keble Homes Limited.

 

Julian Philcox and Oliver McGovern, agents for the applicant, addressed the committee in support of the application.

 

In reaching their decision, the committee considered the officers’ report, presentation and written update.

 

Resolved

 

That application 17/02148/OUT be refused for the following reasons:

 

1.               The proposal represents development within the countryside where there is no proven need for agriculture or other existing undertaking and the application has not been made on the basis that it is a rural exceptions site.  As the proposal cannot be justified on the basis of an identified need, it constitutes unsustainable, new build residential development in a rural location which is divorced from established centres of population, not well served by public transport where residents would be reliant on the use of the private car. The proposal therefore results in an environmentally and socially unsustainable form of development.  The development is considered to be prejudicial to the aims of both national and local policy to focus development in areas that will contribute to the general aims of reducing the need to travel by private car.  The proposal is therefore contrary to Saved Policies H18 and C8, of the Cherwell Local Plan1996, Policy Villages 1 of the Cherwell Local Plan 2011-2031 and Government guidance contained in the National Planning Policy Framework.

17/02394/OUT

11.

OS Parcel 9100 Adjoining And East Of Last House Adjoining And North Of, Berry Hill Road, Adderbury pdf icon PDF 137 KB

Additional documents:

Decision:

Refused reasons to be set out in the minutes

Minutes:

The Committee considered application 17/02394/OUT for outline planning permission for up to 55 dwellings with associated landscaping, open space and vehicular access off Berry Hill Road at OS Parcel 9100 adjoining and East of Last House adjoining and North of Berry Hill Road, Adderbury for Hollins Strategic Land LLP.

 

Councillor McHugh addressed the committee as Ward Member.

 

In reaching their decision, the committee considered the officers’ report, presentation, written update and address of the Ward Member.

 

Resolved

 

That application 17/02394/OUT be refused for the following reasons:

 

1.               The development proposed, by reason of its scale and siting beyond the built up limits of the village, in open countryside and taking into account the number of dwellings already permitted in Adderbury as well as Cherwell District Council's ability to demonstrate an upto- date five year housing land supply, is considered to be unnecessary, undesirable and unsustainable development which would undermine the housing strategy and prejudice a more balanced distribution of rural housing growth planned for in the Cherwell Local Plan Part 1. The site itself is in an unsustainable location on the edge of the village, distant from local services and facilities and would result in a development where future occupiers would be highly reliant on the private car for day to day needs. The proposal is therefore unacceptable in principle and contrary to Policies ESD1, SLE4 and Villages 2 of the Cherwell Local Plan (2011-2031) Part 1, Saved Policy H18 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

2.               The development proposed, by virtue of its poorly integrated relationship with existing built development, its extension beyond the built limits of the village (beyond the Adderbury Settlement Boundary as defined in the Draft Adderbury Neighbourhood Plan Referendum version - 2014 - 2031) causing significant urbanisation and its visual impact on the rural character and appearance of the locality, would cause unacceptable harm to the character and appearance of the area and the rural setting of the village and would fail to reinforce local distinctiveness. It would also result in 'less than substantial' harm to the setting of the Church of St Mary and the harm stemming from the proposals are not considered to be outweighed by any public benefits. The proposal is therefore contrary to Policies ESD13, ESD15 and Villages 2 of the Cherwell Local Plan (2011-2031) Part 1, Saved Policies C8, C27, C28 and C33 of the Cherwell Local Plan 1996, Policy AD1 of the Draft Adderbury Neighbourhood Plan Referendum version - 2014 - 2031 and Government guidance contained within the National Planning Policy Framework.

 

3.               The Design and Access Statement and indicative layout submitted as part of the application fails to provide sufficient acceptable detail in respect of the design principles set as a basis for the future detailed consideration of the development proposed. The Local Planning Authority is therefore unable to determine whether the development proposed could be satisfactorily accommodated on the site in a manner that would respect  ...  view the full minutes text for item 11.

17/02569/F

12.

Woodpiece Road, Upper Arncott pdf icon PDF 126 KB

Additional documents:

Decision:

Approved, subject to various requirements to be set out in the Minutes

Minutes:

The Committee considered application 17/02569/F for the change of use of land for the creation of car parking spaces at Woodpiece Road, Upper Arncott for Cherwell District Council, Stuart Parkhurst.

 

In reaching their decision, the committee considered the officers’ report, presentation and written update.

 

Resolved

 

That application 17/02569/F be approved, subject to the following 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.

 

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 A.51,069a, A.51,070a, ACP5-02 Rev 02 and ACP4/5-01 Rev 02.

 

3.               Prior to the commencement of the development hereby approved, full details of the means of access between the land and the highway, including, position, layout, construction, drainage and vision splays shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the means of access shall be constructed and retained in accordance with the approved details.

 

4.               Prior to the commencement of the development hereby approved, full specification details (including construction, layout, surfacing and drainage) of the parking and manoeuvring areas shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the development, the parking and manoeuvring areas shall be provided on the site in accordance with the approved details and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter.

 

5.               Prior to the first use of any parking bay shown on Plot 3, a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority, detailing the proposed tree/shrub planting including their species, number, sizes and positions. The landscaping scheme shall be implemented in accordance with the approved details and retained as such thereafter.

 

6.               All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in accordance with BS 4428:1989 Code of Practice for general landscape operations (excluding hard surfaces), or the most up to date and current British Standard, in the first planting and seeding seasons following the occupation of the building(s) or on the completion of the development, whichever is the sooner. Any trees, herbaceous planting and shrubs which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the current/next planting season with others of similar size and species.

 

18/00091/F

13.

Symmetry Park, Aylesbury Road A41, Ambrosden pdf icon PDF 131 KB

Additional documents:

Decision:

Approved, subject to various requirements to be set out in the Minutes

Minutes:

The Committee considered application 18/00091/F for 14,200 sq m of logistics floor space, within class B8, including ancillary class B1 (a) offices (929 sq m), erection of security gatehouse, security fence, sprinkler tank and pump house, with an access road and associated site infrastructure including external service yard, lorry parking, landscaping, amenity open space including 10m green corridor with 3m foot path and cycle link to wider Bicester 12 and storm water drainage infrastructure and private sewage treatment plant at Symmetry Park, Aylesbury Road A41, Ambrosden for Db Symmetry (Bicester Reid) Ltd.

 

John Broad, on behalf of CPRE, addressed the committee in objection to the application.

 

Louise Steele, agent for the applicant, addressed the committee in support of the application.

 

In reaching their decision, the committee considered the officers’ report, presentation and written update.

 

Resolved

 

That application 18/00091/F be approved and that authority be delegated to the Interim Director for Planning and Regeneration to grant permission subject to:

 

I.        the applicant entering into an appropriate legal agreement

 

II.        notification of decision to planning casework unit as it is EIA development and;

 

III.        the following conditions (and any amendments to the content and final wording of those conditions as deemed necessary):

 

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.        

 

2.               Except where otherwise stipulated by condition, the development shall be carried out strictly in accordance with the following plans and documents: Application forms, FRA dared December 2015 prepared by Peter Brett Associates and additional technical notes prepared by Hydrock dated march 2018 revision D.; Archaeological Evaluation Report MK 050/16 by CFA Archaeology Ltd; Design and Access Statement dated January 2018 by PHP Architects; Planning Statement dated January 2018; Biodiversity Method Statement and Management Plan dated March 2017 EDP2606-20d, Energy Statement dated September 2016 by Peter Brett Associates, Phase II Ground Investigation report dated May 2016 16.02.026; Environmental Statement dated January 2018 PF/9932; Transport Assessment dated April 2016 by Peter Brett Associates; Framework Travel Plan dated December 2016 by Peter Brett Associates and drawing numbers: 4036-B09-011 rev PO3 - Location Plan; 4036-B09-000 Rev PO5 Red Line Plan; 4036-B09-014 rev PO8- Parking details; 4036-B09-001 rev P20-Indicative site masterplan; 4036-B09-013 rev PO8-Fencing details; 4036-B09-008 rev P15-Site layout plan; EDP-2606-123i; 124k; 125i; 126i; 127j; 129c and 128i Soft Landscape Scheme sheets 1-7; 4036-B09-020 Rev PO6 Site Sections; EDP2606/50L illustrative ecology and landscape plan; 4036-BO9-006 Rev PO6; 4036-B09-009 Rev P05-elevations and sections; 4036-B09-012 Rev P01-Gatehouse details; 4036-B09-015 Rev P01-Roof plan; 4036-B09-016 Rev P04-Parameter line comparison plan; 4036-B09-017 P03-Sprinkler installation; 4036-015 rev P20-Parameters plan; Drainage Plans by Hydrock: SYM-HYD-XX-XX-DR-C-0001 Rev P3; 0002 rev P3; 0003 Rev P2; 0004 Rev P1; 0005 Rev P3; 0006 Rev P1; 0007 Rev P1; 0120 rev P2; 0105 rev T2 and 0104 Rev T2 and vehicle tracking shhets 0009 P2; 0010 P3 and 0011.

           

3.               Prior to the commencement of the development hereby approved, full details of the external lighting shall be submitted  ...  view the full minutes text for item 13.

18/00302/F

14.

The Oxfordshire Inn, Meadow Walk, Heathfield, Kidlington, OX5 3FG pdf icon PDF 168 KB

Additional documents:

Decision:

Refused reasons to be set out in the minutes

Minutes:

The Committee considered application 18/00302/F for the conversion of an existing building to provide 15no. serviced apartments (use class C1) at The Oxfordshire Inn, Meadow Walk, Heathfield, Kidlington, OX5 3FG for Investfront Ltd.

 

Neil Davis, agent for the applicant, addressed the committee in support of the application.

 

In reaching their decision, the committee considered the officers’ report, presentation and written update.

 

Resolved

 

That application 18/00302/F be refused for the following reasons:

 

1.    The proposed development, by virtue of its use and scale, would lead to the creation of serviced apartments in a geographically and environmentally unsustainable location which is poorly located in related to services, facilities and public transport connections.  The proposal would not result in development which seeks to reduce the need to travel and fails to demonstrate a sequential approach to site selection.  The development is therefore contrary to Policy ESD1, SLE2 and SLE3 of the Cherwell Local Plan Part 1 (2015) and government guidance in the National Planning Policy Framework which seeks to manage growth in a sustainable manner and reduce the need to travel.

 

2.    The proposed development, by virtue of the creation of the new amenity space and bin and cycle stores, would constitute ‘inappropriate development’ in the Oxford Green Belt which is by definition harmful.  It would also result in harm to the openness of the Green Belt.   No very special circumstances exists which clearly outweigh this harm.   The development is therefore contrary to Policy ESD14 of the Cherwell Local Plan Part 1 (2015) and government guidance in the National Planning Policy Framework.

 

3.    The proposed development, by virtue of the siting, design and prominent position of the proposed bin store, would detrimentally impact on the rural character and appearance of the area.  The development is therefore contrary to Policy ESD15 of the Cherwell Local Plan Part 1 (2015) and government guidance in the National Planning Policy Framework.

 

4.    The proposed development, by virtue of the proposed use of the building and relationship with the adjacent equestrian use to the north of the site, would result in unacceptable levels of amenity for future occupants of the serviced apartments and occupants/users of the adjacent equestrian use.   The proposal is therefore contrary to Policy ESD15 of the Cherwell Local Plan Part 1 (2015) and government guidance in the National Planning Policy Framework.

18/00473/F

15.

Land To The North West Of Old Farm House Adjoining Orchard Piece, Mollington pdf icon PDF 122 KB

Additional documents:

Decision:

Refused reasons to be set out in the minutes

Minutes:

The Committee considered application 18/00473/F for the development of a site to create 3 dwellings at Land to the North West Of Old Farm House Adjoining Orchard Piece, Mollington for Mr Richard Walker.

 

Councillor John Summers, Chairman to Mollington Parish Council, addressed the committee in objection to the application.

 

In reaching their decision, the committee considered the officers’ report, presentation and address of the public speaker.

 

Resolved

 

That application 18/00473/F be refused for the following reasons:

 

1.               In the absence of an assessment of its significance or any justification for its removal, the proposed development would cause significant harm to the significance of the curtilage listed outbuilding through its removal and demolition. This would cause less than substantial harm to the listed building and no public benefits would be provided. The proposal would therefore fail to comply with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C18 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

2.               The proposed development would cause significant and demonstrable harm to an important undeveloped gap on Orchard Piece which contributes to the rural character of the conservation area and provides an important visual link to the open countryside to the south. The proposal would cause significant and demonstrable harm to the visual amenities of the locality and the appearance and character of the Mollington Conservation Area and would therefore fail to comply with Policy ESD15 of the Cherwell Local Plan 2011 - 2031 Part 1, saved Policies C23, C28 and C33 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

3.               The access from which it is proposed to serve the development is substandard in vision terms and its use for the purpose proposed would result in a detriment to the safety of other road users.  The development would fail to provide a safe and suitable access and would cause a hazard and a detriment to highway safety, contrary to Government guidance contained within the National Planning Policy Framework.

 

4.               In the absence of an ecological survey, it has not been demonstrated that the proposed development would not cause potentially irreversible and significant harm and disturbance to protected species on the site, including Great Crested Newts and reptiles.  The development would therefore fail to comply with Policy ESD10 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

 

16.

Graven Hill: MOD Bicester Sites D & E, Ambrosden Road Upper Arncott, Deed of Variation to Section 106 Legal Agreement pdf icon PDF 259 KB

Report of the Interim Director Planning and Regeneration

 

Purpose of Report

 

The purpose of this report is twofold:

 

(a)  To inform Planning Committee of the proposed amendments to the signed Section 106 Agreement, set out in the report below and as part of a draft Deed of Variation, relating to the outline planning permission approved under 16/01802/OUT and relating to the development at Graven Hill.

 

(b)  To seek delegated authority from Planning Committee for Officer’s to continue any required negotiation and arrange for the Deed of Variation to be signed by all parties. 

 

Recommendations

            

The meeting is recommended:

 

1.1         To note the proposed amendments to the Section 106 Agreement explained as detailed in the report.

 

1.2      To agree the proposed amendments to the Section 106 Agreement set out in the report and to form a draft Deed of Variation to the signed Section 106 Agreement.

 

1.3      To agree authority be delegated to Officers for the final negotiation of the detailed Deed of Variation and signing by all parties.

 

 

 

 

 

 

 

 

Additional documents:

Decision:

Approved, subject to various requirements to be set out in the Minutes

Minutes:

Prior to consideration if the application, having declared an interest in the item and advising he would leave the meeting for the duration of the item, the Chairman proposed that Councillor Heath take the chair for this item. Councillor Clarke seconded the proposal.

 

On being put to the vote, the Committee duly agreed and Councillor Heath took the Chair.

 

The Interim Director Planning and Regeneration submitted a report which informed the Planning Committee of proposed amendments to the signed Section 106 Agreement, and as part of a draft Deed of Variation, relating to the outline planning permission approved under 16/01802/OUT and relating to the development at Graven Hill. The report also sought delegated authority from Planning Committee for Officer’s to continue any required negotiation and arrange for the Deed of Variation to be signed by all parties. 

 

Resolved

 

(1)             That the proposed amendments to the Section 106 Agreement (as detailed in the annex to the Minutes as set out in the Minute Book) be noted.

 

(2)             That agreement be given to the proposed amendments to the Section 106 Agreement (as detailed in the annex to the Minutes as set out in the Minute Book) and to form a draft Deed of Variation to the signed Section 106 Agreement.

 

(3)             That authority be delegated to Officers for the final negotiation of the detailed Deed of Variation and signing by all parties be agreed.

 

 

At the conclusion of the item, the Chairman rejoined the meeting and retook the Chair.

17.

Appeals Progress Report pdf icon PDF 327 KB

Report of Interim Director of Planning and Regeneration

 

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.

 

Recommendations

 

The meeting is recommended:

 

1.1         To accept the position statement.

 

Additional documents:

Decision:

Resolved

 

(1)          That the position statement be accepted.

 

Minutes:

The Interim Director of Planning and Regeneration 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.