Agenda, decisions and minutes


Planning Committee
Thursday 13 December 2018 4.00 pm

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

115.

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:

7. Bicester Heritage, Buckingham Road, Bicester.

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

 

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. Land East Of Grimsbury Reservoir, Water Works Road, Banbury.

Councillor Andrew Beere, 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.

 

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

 

12. Land Adjacent Railway Lines East Of Reservoir, Grimsbury Green, Banbury.

Councillor Andrew Beere, 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.

 

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

 

14. Heyford Manor, 18 Church Lane, Lower Heyford, Bicester, OX25 5NZ.

Councillor James Macnamara, Declaration, as it was his application and would therefore leave the Chamber for the duration of the item.

 

15. Cherwell District Council, Bodicote House, White Post Road, Bodicote, Banbury, OX15 4AA.

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

 

Councillor D M Pickford, Declaration, as a member of the Executive and would leave the chamber for the duration of the item.

 

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

 

Councillor Ian Corkin, Declaration, as a member of the Executive and would leave the chamber for the duration of the item.

 

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

 

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

 

16. Woodpiece Road, Upper Arncott.

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

 

Councillor D M Pickford, Declaration, as a member of the Executive and would leave the chamber for the duration of the item.

 

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

 

Councillor Ian Corkin, Declaration, as a member of the Executive and would leave the chamber for the duration of the item.

 

Councillor Lynn Pratt, Declaration, as a member  ...  view the full minutes text for item 115.

116.

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.

 

117.

Urgent Business

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

Additional documents:

Minutes:

There were no items of urgent business.

118.

Minutes pdf icon PDF 313 KB

To confirm as a correct record the Minutes of the meeting of the Committee held on 22 November 2018.

Additional documents:

Minutes:

The Minutes of the meeting held on 22 November 2018 were agreed as a correct record and signed by the Chairman.

119.

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.

 

18/01333/F

120.

Bicester Heritage, Buckingham Road, Bicester pdf icon PDF 151 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 18/01333/F for an extension to an existing Technical Site to provide new employment units comprising flexible B1(c) light industrial, B2 (general industrial), B8 (storage or distribution) uses with ancillary offices, storage, display and sales, together with associated access, parking and landscaping at Bicester Heritage, Buckingham Road, Bicester at Bicester Heritage Ltd.

 

Dan Geoghegan, the applicant, addressed the committee in support of the application.

 

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

 

Resolved

 

That authority be delegated to the Assistant Director of Planning Policy and Development to grant planning permission, subject to:

 

I.                    continuing negotiations in respect of the highways infrastructure, in particular the strategic transport contribution and other public transport and pedestrian/cycling infrastructure;

 

II.                   in the event that the highways infrastructure contributions are not resolved satisfactorily then the application will be reported back to committee with a revised recommendation;

 

III.                   no further objections are received from OCC Highways, OCC Drainage, CDC Ecology, CDC Heritage and Urban Design and the Bicester Delivery Team in respect of the amended plans and revised information submitted;

 

IV.                   in the event that objections are still maintained relating to the application and these cannot be adequately resolved, the application will be reported back to committee with a revised recommendation;

 

V.                   Conditions relating to the matters detailed below (the exact conditions and the wording of those conditions to be delegated to the Assistant Director for Planning Policy and Development).

 

VI.                   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, in accordance with the summary of the Heads of Terms set out below;

 

·           Strategic Transport Contribution in connection with Policy BIC 1 of the Local Transport Plan 4 in respect of the dualling of the eastern perimeter route and Skimmingdish Lane section (amount to be agreed);

·           £24,284 for Public Transport Infrastructure – for a north bound bus shelter and 2 x real-time information systems (to be agreed);

·           £2,600 for an amendment to the Traffic Regulation Order for a reduction in the speed limit on Buckingham Road;

·           £2,040 for Travel Plan monitoring

·           An obligation to enter into a S278 agreement with Highways

·           S106 Monitoring fees

 

Conditions:

           

General

1.            Time limit – 3 years

2.            Approved plans

3.            Amount of uses approved – with flexibility

 

Design

4.            *Finish floor levels (on grounds of visual impact and surface water flooding mitigation)

5.            *Schedule of materials (including samples)

6.            *Architectural detailing

7.            Boundary treatment (if required) details to be submitted

8.            Lighting strategy which also must take into account the recommendations in the ecology assessment and to minimise light pollution

9.            Signage strategy

 

Trees and Landscaping

 

10.         Landscaping scheme – hard and soft details – evergreen    species, tree pit detailing

11.         Further details of grasscrete

12.         Landscape Management and Maintenance Plan

13.         *Tree removal plan

14.         Replacement tree planting plan

 

Highways:

15.         No building to be occupied until access  ...  view the full minutes text for item 120.

18/01881/F

121.

The CTLand East Of Jersey Cottages, Station Road, Ardley pdf icon PDF 118 KB

Additional documents:

Decision:

Deferred to allow further investigation on pedestrian safety and to allow further consultation on the application

Minutes:

The Committee considered application 18/01881/F for the erection of 13 affordable dwellings together with associated external works, car parking and landscaping at Land East of Jersey Cottages, Station Road, Ardley for Waterloo Housing Group Ltd.

 

Dr Peter Stoddart, on behalf of Mid-Cherwell Neighbourhood Plan addressed the committee in objection to the application.

 

Matthew Topping, on behalf of the applicant, addressed the committee in support of the application.

 

Councillor Corkin proposed that application 18/01881/F be deferred to allow further investigation on pedestrian safety and to allow further consultation on the application. Councillor Macnamara seconded the proposal.

 

Resolved

 

That consideration of application 18/01881/F be deferred to allow further investigation on pedestrian safety and to allow further consultation on the application.

 

18/01114/F

122.

Land North West Of Fabis House, Rattlecombe Road, Shenington pdf icon PDF 117 KB

Additional documents:

Decision:

Refused reasons to be set out in the minutes

Minutes:

The Committee considered application 18/01114/F for the conversion of a barn to form new dwelling Land North West of Fabis House, Rattlecombe Road, Shenington for The Magpie Partnership Ltd.

 

Ann Grant, a neighbour, addressed the committee in objection to the application. This address also covered the subsequent application 18/01115/LB.

 

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

 

Resolved

 

That application 18/01114/F be refused for the following reason:

 

1.             The alterations to the building, in particular the addition of the new casement windows on the Rattlecombe Road frontage, would appear as overly domestic features that would cause harm to the simple appearance of the curtilage listed agricultural building and its contribution to the character and appearance of the Shenington with Alkerton Conservation Area, and to the setting of the Grade II listed building Longworth. The harm caused would be less than substantial.  The public benefits created by the development would not outweigh this harm. This would be contrary to Policy ESD15 of the Cherwell Local Plan 2011 - 2031 Part 1, Saved Policies H21, C21, C28 and C30 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

18/01115/LB

123.

Land North West Of Fabis House, Rattlecombe Road, Shenington pdf icon PDF 117 KB

Additional documents:

Decision:

Refused reasons to be set out in the minutes

Minutes:

The Committee considered application 18/01115/LB for listed building consent for the conversion of a barn to form new dwelling at Land North West Of Fabis House, Rattlecombe Road, Shenington for The Magpie Partnership Ltd.

 

Ann Grant, a neighbour, addressed the committee in objection to the application. This address also covered the previous application 18/01114/F.

 

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

 

Resolved

 

That application 18/01115/LB be refused for the following reason:

 

1.                 The alterations to the building, in particular the addition of the new casement windows on the Rattlecombe Road frontage, would appear as overly domestic features that would cause harm to the simple appearance of the curtilage listed agricultural building and to the setting of the Grade II listed building Longworth. The harm caused would be less than substantial.  The public benefits created by the development would not outweigh this harm. This would be contrary to 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.

18/01814/CM

124.

Land East Of Grimsbury Reservoir, Water Works Road, Banbury pdf icon PDF 146 KB

Additional documents:

Decision:

Approved, That Cherwell District Council raises objection to Oxfordshire County Council

Minutes:

The Committee considered application 18/01814/CM for the temporary use of a site as a rail unloading and aggregate storage and distribution facility, including use of existing rail link and the development of new storage and lorry loading/unloading area incorporating offices, two weighbridges, lorry loading and parking areas, maintenance shed, aggregate storage bays and conveyors linking the storage bays to the rail unloading area to the north and the creation of a new vehicular access into Waterworks Road. (OCC Ref.: MW.0116/18) at Land East Of Grimsbury Reservoir, Water Works Road, Banbury for Tarmac Trading Ltd for Tarmac Trading Ltd. Cherwell District Council was a consultee on the application which would be determined by Oxfordshire County Council.

 

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

 

Resolved

 

That Oxfordshire County Council be advised that Cherwell District Council raises objections to the application for the following reasons:

 

Green Infrastructure

·       The site sits within a recognised existing green space as shown within the Key Policies Map for Banbury within the Cherwell Local Plan Part 1 (2011-2031) and it is not allocated for employment or other uses. The site is considered to be an environmentally sensitive location close to the River Cherwell and Local Wildlife site at Grimsbury Reservoir and partially within an area of high flood risk. The green space in this area links through to Spiceball Park creating a green space that helps to improve access to the town centre and links through to the canal and river and new public spaces.

·       Policy C5 of the Cherwell Local Plan 1996 indicates that the Council will seek to protect the ecological value and rural character of specific key features within the District, including the River Cherwell and its setting.

·       The aim of conserving and enhancing the natural environment including the green infrastructure network and ecology are also policy requirements within the Cherwell Local Plan Part 1 (ESD10, ESD13 and ESD17). This also includes improving sustainable connectivity between sites.

·       Policy Banbury 11 also looks to support the need for open space, sport and recreation and this includes 'retaining the long term objective of seeking to establish a series of open spaces based on the Oxford Canal and River Cherwell linked by public footpaths/ cycleways with the intention of creating a linear park and thoroughfare from the north of the town and Grimsbury Reservoir to the new park to be provided as part of the committed development south of Bankside. Development that would prejudice this objective will not be permitted.'

·       The Banbury Vision and Masterplan SPD (December 2016) also identifies the green space and it identifies the north-south 'green lung' improving access, opening up the canal and river, connecting places together and creating a richer, more diverse bio-environment. The Masterplan confirms that the green space network within and around Banbury should be maintained, managed and enhanced as a unified multifunctional resource to deliver the true environmental, social and economic benefits required by the residents of Banbury.

·       The proposal would undermine the  ...  view the full minutes text for item 124.

18/01826/CM

125.

Land Adjacent Railway Lines East Of Reservoir, Grimsbury Green, Banbury pdf icon PDF 139 KB

Additional documents:

Decision:

Approved, That Cherwell District Council raises objection to Oxfordshire County Council

Minutes:

The Committee considered application 18/01826/CM, as a consultee for an application to continue the development permitted by CHN.45/90 (permanent consent for coated Roadstone) without complying with conditions 2, 3, 4, 5, 8, 12, 13 and 16 (to remove hours of working for asphalt plant to allow operations at any time of day or night and to update plans to relocate existing office, canteen and WC). (OCC Ref.: MW.0117/18) at Land Adjacent Railway Lines East Of Reservoir, Grimsbury Green, Banbury for Tarmac Trading Ltd. Cherwell District Council was a consultee on the application which would be determined by Oxfordshire County Council.

 

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

 

Resolved

 

That Oxfordshire County Council be advised that Cherwell District Council raises concerns with the proposal for the following reasons:

 

Impact on Residents

·                   Policy ENV1 of the Cherwell Local Plan 1996 confirms that development that is likely to cause materially detrimental levels of noise, vibration, smell, smoke; fumes or other types of environmental pollution should not normally be permitted. In addition, Policy SLE5 of the Cherwell Local Plan Part 1, relating to HS2, requires that the design and construction of the HS2 Rail Link must minimise adverse links on the environment, local economy and communities. Policy SLE5 also requires the construction of HS2 to be managed to minimise the impacts on communities and the environment. In respect of operating hours, CDC object to removing conditions controlling working hours which would allow 24/7 operating. This is due to the potential for objections to be raised by local residents in respect of environmental matters. The District Council's Environmental Protection Officer has requested further information with regard to the proposed direction of travel of the trains, where the locomotive will be when the unloading is carried out and whether the engine needs to be running or whether it can be turned off. The concern is that if the locomotive is idling to the south of the drop off site, then this will increase noise levels for residents near the line south of Hennef Way.

·                   It is requested that the recommendations of the noise report must be followed and should be secured by the imposition of conditions. In this regard, it is noted that a 6m barrier is recommended, however this does not appear on the proposed plans and it should be so that the visual impact of this significant height feature can be assessed.

·                   CDC object to the removal of condition 5 and would recommend that there must be a process in place to deal with any complaints received. This should involve overnight operations ceasing during night time hours until the mitigation is put in place. It is recommended that condition 5 be retained in its current form, or an alternative be imposed with similar wording to the current planning condition 5 to achieve the same safeguards.

·                   The CDC Environmental Protection Officer has recommended that a condition is imposed to control HGV movements - this should restrict HGV movements to  ...  view the full minutes text for item 125.

18/01651/F

126.

Hethecote, 6 Hardwick Road, Hethe, Bicester, OX27 8EY pdf icon PDF 113 KB

Additional documents:

Decision:

Application withdrawn by the applicant

Minutes:

The Chairman advised the meeting that application 18/01651/F had been withdrawn by the applicant.

18/01857/F

127.

Heyford Manor, 18 Church Lane, Lower Heyford, Bicester, OX25 5NZ pdf icon PDF 118 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 18/01857/F for the removal of two rotted plain modern wooden gateposts either side of the entrance. Replacement with simple stone pillars made from local stone sourced on site. Wrought iron gates at Heyford Manor, 18 Church Lane, Lower Heyford, Bicester, OX25 5NZ for Mr James Macnamara.

 

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

 

Resolved

 

That application 18/01857/F be approved, subject to the following 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.

 

Approved 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 Form, Design and Access Statement, Location Plan, Block Plan, Drawing Illustrating  Proposed Gates and Posts, Materials, Photos

 

Stonework

3.                 The stonework shall be laid, dressed, coursed and pointed to match that of the existing end of wall as shown on Materials: Photos of stone submitted with the application. 

 

Gates

4.                 The gates shall be inward opening only.

18/01589/F

128.

Cherwell District Council, Bodicote House, White Post Road, Bodicote, Banbury, OX15 4AA pdf icon PDF 111 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 18/01589/F for the addition of 2 metre high powder-coated green palisade fencing and double gates to enclose the waste disposal area next to the garages with the fence posts to be set in concreted foundations, not attached to existing building or fencing at Cherwell District Council, Bodicote House, White Post Road, Bodicote, Banbury, OX15 4AA for Cherwell District Council.

 

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

 

Resolved

 

That application 18/01589/F be approved, subject to the following 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.

 

Approved 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 form, Design and Access Statement, Drawing No’s: Location plan 1:1250, Block plan 1:200, Site plan 1:500 and layout plan (Plan Elevation & Front Elevation) 1:100.

 

 

18/00434/DISC

129.

Woodpiece Road, Upper Arncott pdf icon PDF 122 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 18/00434/DISC for the discharge of Conditions 3 (means of access), 4 (parking and manoeuvring areas) and 5 (landscaping scheme) of 17/02569/F at Woodpiece Road, Upper Arncott for Cherwell District Council.

 

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

 

Resolved

 

That the following conditions for application 18/00434/DISC be discharged in accordance with the following plans and documents:

 

Condition 3: The details shown on drawings no: ‘01 rev 03’ and ‘02 rev 03’ (received 29/11/18) and specification of works document (January 2018).

 

Condition 4: The details shown on drawings no: ‘01 rev 03’ and ‘02 rev 03’ (received 29/11/18) and specification of works document (January 2018).

 

Condition 5: The details shown on drawings no: ‘01 rev 03’ and ‘02 rev 03’ (received 29/11/18) and specification of works document (January 2018).

18/00453/DISC

130.

Land Adjacent To The Oxford Canal, Spiceball Park Road, Banbury pdf icon PDF 254 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 18/00453/DISC for the discharge of conditions 13 (ecological avoidance and mitigation), 14 (ecological enhancement), 15 (landscaping), 18 (Arboricultural method statement), 26 (parking specification details) and 32 (construction traffic management and phasing plan) of 16/02366/OUT Land Adjacent to the Oxford Canal, Spiceball Park Road, Banbury for Cherwell District Council.

 

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

 

Resolved

 

That application 18/00453/DISC be approved subject to:

 

a)                  That Condition 26 be discharged in accordance with the submitted drawings

 

b)                  That delegated authority be given to the Assistant Director of Planning Policy and  Development to discharge conditions 13,14,15,18 and 32 following receipt of responses from consultees

 

18/00454/DISC

131.

Land Adjacent To The Oxford Canal, Spiceball Park Road, Banbury pdf icon PDF 253 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 18/00454/DISC for the discharge of conditions 2 (materials) and 4 (levels) of 17/00284/REM at Land Adjacent to the Oxford Canal, Spiceball Park Road, Banbury for Cherwell District Council.

 

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

 

Resolved

 

That delegated authority be given to the Assistant Director of Planning Policy and Development to discharge conditions 2 and 4 subject to the conclusion of discussions on cladding colouration and the receipt of comments from OCC

18/00142/NMA

132.

Land Adjacent To The Oxford Canal, Spiceball Park Road, Banbury pdf icon PDF 254 KB

Additional documents:

Decision:

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

Minutes:

The Committee considered application 18/00142/NMA for a Non-Material amendment to 16/02366/OUT and 17/00284/REM - Block B canopy amendments at Land Adjacent to the Oxford Canal, Spiceball Park Road, Banbury for Cherwell District Council.

 

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

 

Resolved

 

That the proposed Non Material Amendment be granted in accordance with the following wording:

 

“Cherwell District Council, as Local Planning Authority, hereby approves the non-material amendment described in application ref.no.18/00142/NMA in accordance with the application form and drawing numbers set out in the agent’s letter dated 15 November 2018. The non-material amendment application, hereby approved, does not nullify the conditions imposed in respect of planning permission 17/00573/CDC. These conditions must be adhered to so as to ensure that the development is lawful.”

 

This approval is subject to an additional condition as follows;

 

In relation to the installation of the external screen no associated sound amplifying equipment shall be installed or operated without the prior consent of the Local Planning Authority.

133.

Appeals Progress Report pdf icon PDF 246 KB

Report of Assistant Director for Planning Policy and Development

 

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:

The Assistant Director for Planning Policy 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.

 

Minutes:

The Assistant Director for Planning Policy 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.