Agenda item

Approved in line with officer recommendation, subject to conditions (and any amendments as deemed necessary) and completion of a S106 legal agreement, details to be set out in the minutes.

The Committee considered application 23/03290/F for the change of use of an existing poultry shed to container storage (Use Class B8) including associated landscaping at Poultry House, Rickfield Farm, Station Road, Milcombe, OX15 4RS for Mr Geoffrey Taylor.

Caroline Mills, local resident, addressed the Committee in objection to the application.

Jenny Taylor, applicant, addressed the Committee in support of the application.

It was proposed by Councillor Rogers and seconded by Councillor Chapman that application 23/03290/F be refused against officer recommendation, as the facility would be in a geographically unstainable location and was contrary to policies SLE1 and ESD1 of the Cherwell Local Plan 2011-2031 and Government guidance in the National Planning Policy Framework.

The proposal was debated and on being put to the vote the motion was lost and therefore fell.

It was proposed by Councillor Conway and seconded by Councillor Webb that application 23/03290/F be approved, in line with the officer recommendation including the amendments to the recommendation provided in the written updates.

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

Resolved

That, in line with the officer recommendation, authority be delegated to the Assistant Director for Planning to grant permission for application 23/03290/F with amendments to condition 7 (reptiles and amphibians) and an additional S106 clause regarding  the use of the barn should the applicant no longer own/run the farming enterprise (and any amendments to those conditions/S106 as deemed necessary) subject to:

i)          The conditions set out below (and any amendment to those conditions as deemed necessary) and

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 benefits of the proposal as set out by the applicant/their agent and to tie these to the enterprise in particular the regenerative farming practices:

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.         Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the application form and the following plans and documents:

• TAY001/003 Rev A – Site Location Plan 

• TAY001/004 Rev A – Site Plan 

• TAY001/005 Rev A – Container Layout Plan 

• TAY001/006 Rev A – Landscaping Plan

• Planning, Design and Access Statement  

• Protected Species Survey by Philip Irving, dated August 2023

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.

3.         The site shall not be used other than for the purpose of a self-storage facility and for no other purpose whatsoever, including any other purpose in Class B8 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification, and there shall be no more than 56 containers on the site at any one time.

Reason - In order to safeguard the character and appearance of the area and the amenities of the occupants of nearby residential dwellings, and in the interests of sustainable development, in accordance with Policies SLE1, ESD1, ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policies C28 and ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

4.         No storage containers hereby approved shall be sited at or within the site other than those inside the Poultry Barn building as identified on the drawings listed in Condition 2 of this planning permission, and no open storage of plant, materials, products, goods for sale or hire or waste shall take place on any part of the application site at any time.

Reason - To safeguard the character and appearance of the area and to comply with Policies ESD13 and 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.

5.         No external lighting shall be installed at the site unless and until full details of that external lighting have first been submitted to and approved in writing by the Local Planning Authority. Those details must include the design, position, orientation of the lighting and must demonstrate the extent of and mitigation for any light spillage.  The lighting shall be at a low level, consisting of LED light sources and must be fitted with directional accessories to avoid light spillage.  The lighting shall not be installed other than in full accordance with the approved details prior to the first use of the development hereby approved and shall be retained and maintained as such at all times thereafter.

Reason: In order to safeguard the character and appearance of the area and in the interests of highway safety and to ensure that the development does not cause harm to any protected species or their habitats and to comply with Policies ESD10, ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policies C28 and ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

6.         A full method statement for enhancing the biodiversity shall be submitted to and approved in writing by the Local Planning Authority prior to the development reaching slab level. Thereafter, the biodiversity enhancement measures approved shall be carried out prior to the first use of the development and retained in accordance with the approved details.

Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 20112031 Part 1 and Government guidance contained within the National Planning Policy Framework

7.         All site clearance (including the removal of any vegetation or works to hedgerows) shall be timed so as to avoid the bird nesting season, this being during the months of March until July inclusive unless the Local Planning Authority has confirmed in writing that such works can proceed, based on submission of a survey (no more than 48hrs before works commence) undertaken by an ecologist (member of the IEEM or similar related professional body) to assess the nesting bird activity on site, together with details of measures to protect the nesting bird interest on the site as required.

Reason: To ensure that the development will conserve and enhance the natural environment and will not cause significant harm to any protected species or its habitat in accordance with Government guidance contained within the National Planning Policy Framework.