Agenda, decisions and minutes

8. Land Northeast of Oxford Road, West of Oxford Canal & East of Bankside, Banbury.

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

9. Bicester Eco Town Exemplar Site, Banbury 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.

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

11. Land to rear of 160 Bloxham Road, Banbury.

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

12. 14 Beatrice Drive, Banbury, OX16 0DT.

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 Executive and would leave the meeting for the duration of the item.

Councillor Ian Corkin, Non Statutory Interest, as a member of Executive and would leave the meeting for the duration of the item.

13. Former site of The Admiral Holland, Woodgreen Avenue, Banbury, OX16 0AU.

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 the Executive and would leave the meeting for the duration of the item.

Councillor Ian Corkin, Non Statutory Interest, as a member of the Executive and would leave the meeting for the duration of the item.

Councillor Lynn Pratt, Non Statutory Interest, as a member of the Executive and would leave the meeting for the duration of the item.

Councillor Richard Mould, Non Statutory Interest, as a member of the Executive and would leave the meeting for the duration of the item.

14. Land Adjacent to the Oxford Canal, Spiceball Park Road, Banbury (0921).

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 the Executive and would leave the meeting for the duration of the item.

Councillor Ian Corkin, Non Statutory Interest, as a member of Executive and would leave the meeting for the duration of the item.

Councillor Lynn Pratt, Non Statutory Interest, as a member of the Executive and would leave the meeting for the duration of the item.

Councillor Richard Mould, Non Statutory Interest, as a member of the Executive and would leave the meeting for the duration of the item.

15. Land Adjacent to the Oxford Canal, Spiceball Park Road, Banbury (3692).

Councillor Andrew Beere, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on  ...  view the full minutes text for item 31.

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 17 June 2021.

The Minutes of the meeting held on 17 June 2021 were agreed as a correct record and signed by the Chairman.

To receive communications from the Chairman.

There were no Chairman’s announcements.

There were no items of urgent business.

The Committee to be advised of any scheduled pre-committee site visits.

There were no pre-committee site visits.

Approved, conditions to be set out in the minutes.

The Committee considered application 19/01047/OUT, an outline planning application for a residential development of up to 825 dwellings; green infrastructure including formal (playing fields with changing rooms, allotments) and informal open space; landscaping and associated infrastructure including a balancing pond; on land off the A4260, with access off the existing Longford Park access off the A4260 (Oxford Road), and a new access off the A4260 (Banbury Road) with all matters of detail reserved, save for access at Land Northeast of Oxford Road, West of Oxford Canal and East of Bankside, Banbury for Hallam Land Management Limited.

Lawrence Dungworth, agent for the application, 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 for Planning and Development to grant permission for application 19/01047/OUT subject to:

          (i)       The prior provision of a suitable mechanism to secure the land required for the relocation of Banbury United Football Club, to the satisfaction of the Assistant Director for Planning and Development, compliance with Policy Banbury 12;

          (ii)      The prior 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 as outlined in the published agenda report and any changes set out in the written update to that agenda (and any amendments as deemed necessary):

          S106 Heads of Terms:

•         The provision of 30% Affordable Housing on site with the mix made up of 70% affordable rent, 30% comprising social rent and shared ownership;

•         Play spaces to include a MUGA, NEAP and 2 LAP/LEAPS with commuted sums for ongoing management and maintenance;

•         Open space of around 5.98 hectares with either a transfer to the Council and commuted sum for ongoing maintenance or the developer to use a management company for ongoing maintenance without transfer;

•         Allotment site with pathways to and within the site;

•         Outdoor sports provision to include the sports pitches and community pavilion/changing rooms constructed to Sport England Standards, & adequate car parking;

•         Indoor sports contribution of £688,831.11 (index linked) towards improvements at the Spiceball Leisure Centre and/or the development of a new indoor tennis centre at Banbury;

•         Community development worker contribution of £65,941.26 to facilitate the integration of the new community to the application site with the existing community in the local area;

•         Community development fund contribution of £400 towards supporting the activities of the Community Development Worker;

•         Waste and recycling contribution of £111 per dwelling towards the provision of waste receptacles plus the provision of land for and the provision of a recycling bank;

•         Cemetery contributions of £xx (tbc) per dwelling;

•         Strategic Transport contributions of £121,476 towards BAN1 Hennef Way improvements;

•         Strategic Transport contribution of £215,537.12 towards Ban 2 Tramway Road improvements;

•         Bridge Street junction improvement contributions of £150,750 towards  ...  view the full minutes text for item 37.

Approved, conditions to be set out in the minutes.

The Committee considered application 21/01227/F, a full planning application for 57 dwellings and associated infrastructure at Bicester Eco Town Exemplar Site, Banbury Road, Bicester for Crest Nicholson Operations Limited.

Nicholas Daruwalla, 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 address of the public speaker and the written update.

Resolved

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 21/01227/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 link the site to the S106 for the wider Exemplar site S106 (10/01780/HYBRID) to ensure the site remains bound to those requirements and to secure the following:

·       A contribution towards enhanced community sporting facilities at Bicester Leisure Centre, based upon a per dwelling figure of £493.00 per dwelling index linked from the 2^nd Quarter of 2017. This gives a total contribution of £1,494.00 index linked from 2Q17.

·       A contribution towards the provision of a burial site as part of the NW Bicester development based upon a per dwelling contribution of £10.06 per dwelling index linked from 2Q17. This gives a total contribution of £30.18index linked from 2Q17.

·       A contribution towards the build and fit out cost of a community hall to the north of the railway line on the wider NW Bicester site based upon a per dwelling contribution of £1050.94 index linked from 2Q17. This gives a total contribution of £3,152.82 index linked from 2Q17.

·       A contribution towards the build cost of a health facility at NW Bicester or an alternative facility to meet the needs of the increased population, based upon a per dwelling figure of £259.46 index linked from 2Q17. This gives a total contribution of £778.38 index linked from 2Q17.

·       A contribution towards the increase in capital costs of providing neighbourhood policing required pursuant to the wider NW Bicester development, based upon a per dwelling figure of £151.30 index linked from 2Q17. This gives a total contribution of £453.90 index linked from 2Q17.

·       A contribution towards the capital cost of providing permanent sports pitches as part of the NW Bicester development, based upon a per dwelling contribution of £227.68 index linked from 2Q17. This gives a total contribution of £683.04 index linked from 2Q17.

·       A contribution towards the costs of maintaining the permanent sports pitches as part of the NW Bicester development, based upon a per dwelling contribution of £250.35 index linked from 2Q17. This gives a total contribution of £751.05 index linked from 2Q17.

·       A contribution towards the provision of refuse and recycling receptacles for each dwelling and towards collection vehicle provision and recycling banks, based upon a contribution of £111 per dwelling. This gives a total contribution of £333.00.

·       CDC request a monitoring fee of £500 to monitor and administer the S10 and to support for any  ...  view the full minutes text for item 38.

Approved, conditions to be set out in the minutes.

The Committee considered application 21/00955/F for the demolition of an existing car sales showroom, petrol filling station and servicing/repair garage and erection of a new showroom for car sales including preparation and storage and administration areas with landscaping, access and associated works at The Firs Garage, Tadmarton Heath Road, Hook Norton, OX15 5DD for Tom Hartley Jnr Limited.

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

Resolved

(1)    That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 21/00955/F subject to the following conditions (and any amendments to those conditions as deemed necessary):

CONDITIONS

Time Limit

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.

Compliance with Plans

2.     The development shall not be carried out otherwise than in complete accordance with the approved plans reference 18169 -Pe0010, 18169 -Pp0032, 18169 -Ps0010, 1690.l.1 Rev A, 18169 -Pp0010, 18169 -Pp0030, 18169 -Pp0031, 18169 -Pp0011, 18169 -L001, 18169 -Pe0011, 36197 all received 18/03/2021 and LVIA, Transport Statement, Preliminary Ecological Appraisal, received 18/03/2021 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.

Materials

3.     A schedule of materials and finishes to be used in the external walls and roof(s) of the building shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of those works. The development shall thereafter be completed in accordance with the approved details and shall be retained as such thereafter.

        Reason: To ensure the satisfactory appearance of the completed development and to safeguard the character and appearance of the area and in accordance 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.

Ecology

4.     The development hereby permitted shall be carried out in accordance with the recommendations set out in Preliminary Ecological Appraisal of The Firs Garage, Whichford Road, Hook Norton, Oxfordshire by Windrush Ecology Limited dated September 2020 unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect habitats and/or species of importance to nature conservation from significant harm in accordance with Policy ESD10 of the Cherwell Local Plan 2011 – 2031 Part 1 and the Government's aim to achieve sustainable development as set out in Section 15 of the National Planning Policy Framework.

Sustainable Construction

5.     (a) Prior to the commencement of development above slab level, a design stage BREEAM certificate confirming that the development shall be constructed to at least a BREEAM Very Good standard shall be submitted to and approved in  ...  view the full minutes text for item 39.

Deferred to allow for a site visit.

The Committee considered application 21/01578/F for the erection of a new dwelling to the rear of 160 Bloxham Road, Banbury for Mr Adrian Mitson.

Prior to the officer’s report and presentation and the public speaking, it was proposed by Councillor Colin Clarke and seconded by Councillor Mepham that application 21/01578/F be deferred to allow for a site visit.

Resolved

(1)      That consideration of application 21/01578/F be deferred to allow for a site visit and, subject to  Covid 19 regulations, this to be ahead of the next scheduled Planning Committee meeting.

Approved, conditions to be set out in the minutes.

The Committee considered application 21/01852/F for the remodelling/enlarging of a single storey rear extension at 14 Beatrice Drive, Banbury, OX16 0DT for Mr Imran Khan.

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

Resolved

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 21/01852/F subject to the following conditions (and any amendments to those conditions as deemed necessary):

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 the following plans P.01 and SLP1.

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.

Approved, conditions to be set out in the minutes.

The Committee considered application 21/00827/DISC for the discharge of Condition 11 (Landscaping Scheme) of  application 18/01591/CDC, former site of The Admiral Holland, Woodgreen Avenue, Banbury, OX16 0AU for Mr Peter Meadows.

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

Resolved

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 21/00827/DISC (Discharge of Condition 11 (Landscaping Scheme) of 18/01591/CDC) subject to the following:

          1.       As shown on Drawing number LANDP001 Rev 13.  The hard landscape shall be carried out in accordance with the approved details prior to the first occupation of the development. 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.

Approved, conditions to be set out in the minutes.

The Committee considered application 21/00921/DISC for the discharge of conditions 3 (External Lighting), 7 (Landscape Management Plan), 10 (Flood Management Plan) and 12 (Shopping Trolley Parking) of application 17/00284/REM at land adjacent to the Oxford Canal, Spiceball Park Road, Banbury for Cherwell District Council.

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

Resolved

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 21/00921/DISC the discharge of conditions;

·       Condition 3 (External Lighting)

2099-20-RP01 Soft Landscape Works Maintenance and Management Proposal

·       Condition 10 (Flood Action/Evacuation)

Flood Management Plan

·       Condition 12 (Shopping Trolley Parking); and

·       Condition 7 (Landscape Management Plan), subject to the receipt of further information on the Landscape Management Plan to the satisfaction of the Council’s Landscape Officer

Approved, conditions to be set out in the minutes.

The Committee considered application 20/03692/DISC for the discharge of Condition 9 (Car Park Payment Strategy) for Block B 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 authority be delegated to the Assistant Director for Planning and Development to grant permission for application 20/03692/DISC subject to the following;

          1.       That planning condition 9 of 17/00284/REM be discharged based upon the following information pack:

Condition 9 – Car Parking Payment Strategy, Skidata Car Parking System Tech Sub Proposal, dated 23.10.20

Approved, conditions to be set out in the minutes.

The Committee considered application 21/02162/NMA, an amendment to Lock 29 canal front elevation to replace two existing windows with bi-folding doors (proposed as non-material amendment to 19/01478/CDC) at 36- 37 Castle Quay, Banbury, OX16 5UN for  Cherwell District Council.

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

Resolved

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 21/02162/NMA in accordance with Banbury CQ1 Lock 28 Bifolding door proposal – Proposed Plan and Elevation, 3787 AP(01) 001 Revision P01

Approved, conditions to be set out in the minutes.

The Committee considered application 21/01292/NMA for design amendments relating to: the addition of access stairs and handrails by the substation (Block C); the erection of a fence and gate to enclose the substation (Block C); additional louvres on the Block C elevation; the addition of a staircase located near to Block A to provide access to the canal (proposed as non-material amendment to 17/00284/REM) at land adjacent to the Oxford Canal, Spiceball Park Road, Banbury for Cherwell District Council.

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

Resolved

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 21/01292/NMA in accordance with drawing numbers:

Block C Foodstore General Arrangement Level 00 407-RM-C-P-000-Rev 5

Block C Foodstore General Arrangement Level 00 (2of2) 407-RM-C-P-002-Rev 6

Block C Foodstore General Arrangement Level 01 407-RM-C-P-100 Rev 6

Block C Foodstore General Arrangement Level 01 (Sheet 2 of 2) 407-RM-C-P-102-Rev 6

Block C Foodstore General Arrangement Level 01 (Sheet 2 of 2) 407-RM-C-P-200-Rev2

Block C Foodstore General Arrangement Roof Plan 407-RM-C-P-300-Rev 6

Block C Foodstore Elevations 407-RM-C-E-110-Rev 6

South East and North West Cladding Elevations-GL C01 to C09/GL C08 to C09 C)-00-DR-A-20634_Rev C4

Block A Hotel Proposed Ground Floor/Level 01 Plan 407-RM-A-P-100-Rev 5

Option drawing for stair to canal level CQ2-LIA-D0-00-DR-A-01085

Technical Submission – Kingfisher Ventilation Louvres

Report of Assistant Director Planning and Development

Purpose of report

To keep Members informed about planning appeal progress including the scheduling of public inquiries and hearings and decision received.

Recommendations

The meeting is recommended:

1.1           To note the position on planning appeals contained within the report.

Resolved

(1)      That the position on planning appeals contained within the report be noted.

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.