Agenda, decisions and minutes

8. Land West of Foxden Way, Great Bourton, OX17 1QY.

Councillor George Reynolds, Declaration as local ward member he had called in the application for consideration by Planning Committee and whilst  his comments on the 'Call In' did not necessarily relate to the updated application, he would remain in the meeting as Chairman for the item but would not make any proposal or vote on the application..

9. Land North West of Launton Road Roundabout Adjoining Skimmingdish Lane, Caversfield.

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.

12. Former Buzz Bingo, Bolton Road, Banbury, OX16 5UL.

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

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

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

15. 2, 4 and 6 Priory Mews, Old Place Yard, Bicester, OX26 6AU.

Councillor Barry Wood, Non Statutory Interest, as a member of the Executive 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 and a separate declaration 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 Bicester Town Council which had been consulted on the application and a separate declaration as a member of the Executive and would leave the meeting for the duration of the item.

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. Addresses can be made virtually or in person.

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 meetings of the Committee held on 7 April 2022 and the Minutes of the meeting of the meeting of the Committee held on 18 May 2022 (to follow).

The Minutes of the meetings held on 7 April 2022 and 18 May 2022 were agreed as a correct record and signed by the Chairman.

To receive communications from the Chairman.

There were no Chairman’s Announcements.

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 proposed pre-Committee site visits.

There were no items of urgent business.

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

The Committee considered application 21/00922/OUT, an outline application with all matters reserved save for access for up to 9 First Homes at Land West of Foxden Way, Great Bourton, OX17 1QY for Mr Russell Crow.

Councillor Phil Chapman, Local Ward Member, addressed the committee in objection to the application.

Sue Upton and Tim Brooks, representing local residents, addressed the committee in objection to the application.

Russell Crow, the applicant, addressed the committee in support of the application.

It was proposed by Councillor Wood and seconded by Councillor Brown that application 21/00922/OUT be refused, contrary to the officer recommendation, due to landscape impact and an unsustainable location.

In reaching its decision the committee considered the officers’ report and presentation, the written updates and addresses of the local ward member and public speakers.

Resolved

(1)       That application 21/00922/OUT be refused contrary to officer recommendations due to landscape impact and an unstainable location with the exact wording of the reasons for refusal delegated to the Assistant Director for Planning and Development.

(Councillor Reynolds requested that his abstention from the vote be recorded in the minutes.)

Approved, subject to the removal of the Environment Agency objection, and the conditions and S106 obligation, details to be set out in the minutes.

The Committee considered application 21/02286/F for the construction of a coffee unit with drive-thru facility and indoor seating with associated access, car parking, landscaping and servicing parking at Land Northwest of Launton Road Roundabout, Adjoining Skimmingdish Lane, Caversfield for Created Life Three (Bicester) Limited.

In reaching its decision the committee considered the officers’ report and presentation and the written updates.

Resolved

(1)      That authority be delegated to the Assistant Director for Planning to grant permission for application 21/02286/F subject to:

          i)        The Environment Agency removing their 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 (and any amendments as deemed necessary):

•         Off-site Highway Works (a to provide footway/cycleway access to the development from the existing facilities on the A4421 as shown on drawing 4364SK-06 D) – TBC 

•         OCC S106 Monitoring fee – TBC 

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

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.  

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 following plans and documents:

Application form

Planning Statement

Design and Access Statement

Transport Statement

Travel Plan

Flood risk assessment and additional supporting information

Drainage Strategy

Ecological report and additional supporting information

Archaeological and heritage assessment

Noise Assessment

Site investigation report and non-intrusive desk study

Climate Change and Sustainability Policy Matrix, and Bicester Greggs Drive Thru – Commentary on Energy Policy Prepared by Martin Thornley - Thornley & Lumb Partnership Ltd Issue 01 – 04.11.21

Drawing number 15987-100 Rev C – Location Plan

Drawing number 15987-101 Rev A – Existing Site Plan

Drawing number 15987-105 Rev P – Proposed Site Plan

Drawing number 15987-106 Rev C – Proposed Elevations, GA & Roof Plans

Drawing number 15987-107 – Proposed Cycle Details

Drawing number 15987-108 – Proposed Refuse Details

Drawing number 15987-109 Rev C – Proposed Master Plan

Drawing number 15987-VL-L01 Rev C – Landscape Plan

Drawing number 15987-VL-L02 – Landscape and Ecological Enhancement Plan

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.       Full details of the refuse/recycling bin storage for the site, including location and compound enclosure details, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of that work. Thereafter and prior to the first occupation of the development, the refuse/recycling bin storage area(s) shall be provided in accordance with the approved details  ...  view the full minutes text for item 10.

Approved, subject to the S106 agreement and conditions, details to be set out in the minutes.

The Committee considered application 21/03639/F for a replan of the western part of the residential development permitted through Reserved Matters application 19/00895/REM for the delivery of 107 dwellings at OS Parcels 6741 and 5426 West Cricket Field, North Wykham Lane, Bodicote for Miss Olivia Morris.

Tom Hockaday, a local resident, addressed the committee in objection to the application.

Sam Silcocks, agent, addressed the committee in support of the application.

In reaching its decision the committee considered the officers’ report and presentation 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 21/03639/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, (and any amendments as deemed necessary):

          S106 HEADS OF TERMS

·       Provision of and commuted sum for burial ground provision

·       Provision of additional allotment provision to serve the additional units

·       Off-site outdoor sports facilities capital provision – to serve the additional units.

·       On-site sports provision contribution for additional maintenance towards the existing facility to be provided on site of £15,349.97 (plus indexation)

·       Off-site indoor sports facilities – towards indoor tennis centre and/or improvements of leisure centre provision in the locality

·       Community hall facilities – in respect of the additional units

·       Contribution to bins

·       Affordable housing provision on site

·       Monitoring fee contribution towards the Council’s (both district and county) costs of monitoring compliance with the agreement or undertaking

·       Public transport contribution to serve the additional units towards bus services through the site

·       Public transport infrastructure uplift in accordance with the original obligation to serve the additional units

·       Secondary education capacity contribution and contribution towards the expansion of BGN secondary school

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

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.

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 following plans and documents: [to be inserted once received and agreed]

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.              Notwithstanding the landscaping proposals submitted, prior to the commencement of any development above slab level, a scheme for landscaping the site shall be submitted to and approved in writing by the local planning authority. The landscaping scheme shall include: (i) details of proposed tree and shrub planting including their species, number, sizes and positions, together with  ...  view the full minutes text for item 11.

Approved, subject to a travel plan monitoring fee and conditions, details to be set out in the minutes.

The Committee considered application 21/03913/F for the development within Use Classes E (g) (i) and/or (ii), and/or (ii), and/or B2 and/or B8 and associated works including access and parking at Units 5A & 5B, Oxford Technology Park, Langford Lane, Kidlington, OX5 1GN for Oxford Technology Park Limited.

Richard Cutler of Oxford Technology Park address the committee in support of the application.

In reaching its decision the committee considered the officers’ report and presentation and the written updates and the address of the public speaker.

Resolved

(1)      That authority be delegated to the Assistant Director of Planning and Development to grant permission for application 21/03913/F subject to:

i)        a suitable provision being in place to secure the following (and any amendments as deemed necessary):

·       Travel Plan Monitoring Fee

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

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.

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 following plans and documents:

2613-01-PL2 – Site Block Plan

2613-02-PL1 – Site Location Plan

2613-10-PL2 – Ground Floor Plan

2613-11-PL2 – First Floor Plan

2613-12-PL1 – Roof Plan

2613-14-PL1 – South & West Elevations

2613-15-PL2 – North & East Elevations

2613-16-PL1 – Sectional Elevations

2613-100-PL2 – Cycle Locations

2613-101-PL1 – Bin Storage & Recycling

2613-1-2-PL2 – Fence Plan

2613-05-PL2 – Proposed Hard Landscaping Plan

Planning & Economic Statement by Savills, received by the Local Planning Authority on 22 November 2021

Design & Access Statement by Garrett McKee Architects, received by the Local Planning Authority on 22 November 2021

Transport Statement, Ref: 33231058 Rev1, by Stantec, dated November 2021 and received by the Local Planning Authority on 2 December 2021

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 levels of noise emitted by fixed plant and equipment operated on the site shall not exceed the levels set out in table 7.1 of the Noise Assessment Report produced by Peter Brett and dated December 2014 and approved under outline planning permission Ref: 14/02067/OUT.

Reason: In order to safeguard the amenities of the area and to comply with Policy ENV1 of the Cherwell Local Plan 1996.

4.          The floorspace hereby approved is permitted to be used for uses in classes E(g) (i) and/or (ii) and/or (iii) and B2 of the Town and Country Planning (Use Classes) Order 1987 (as amended). Uses in Class B8 of the Town and Country Planning (Use Classes) Order 1987 (as amended) are also permitted but only where  ...  view the full minutes text for item 12.

The Committee confirmed that they would have refused the application.  Reasons to be set out in the minutes.

The Committee considered application 21/04202/F for a redevelopment for 80 retirement living apartments including communal facilities, access, car parking and landscaping at Former Buzz Bingo, Bolton Road, Banbury, OX16 5UL for Churchill Retirement Living.

In reaching its decision the committee considered the officers’ report and presentation and the written updates.

Resolved

(1)      That the committee resolved to confirm that, had the power to determine application 21/04202/F continued to rest with them, application 21/04202/F would be refused for the following reasons:

1.       The development proposed, by virtue of its scale, form and design in relation to Trelawn House adjacent and the Banbury Conservation Area is considered to have a detrimental impact (less than substantial) upon the character and appearance, historical integrity and setting of this grade II Listed building and would fail to preserve and enhance the character and appearance of the Banbury Conservation Area. Furthermore, the development by virtue of its form and design fails to provide the bespoke landmark building as required by Policy Banbury 8 and the Banbury Vision and Masterplan SPD 2016. The benefit of bringing the site back into use and making efficient use of the land would not outweigh the harm caused to the heritage assets. The proposals are therefore contrary to saved Policy C18 of the adopted Cherwell Local Plan 1996, Policies Banbury 8 and ESD15 of the adopted Cherwell Local Plan 2015 and Government guidance within paragraphs 199, 202 and 206 of the National Planning Policy Framework.

2.       The proposal lacks detail and information relating to the drainage of the site and is therefore contrary to Oxfordshire County Council’s published guidance “Local Standards and Guidance for Surface Water Drainage on Major Development in Oxfordshire” and Policies ESD6 and ESD7 of the adopted Cherwell Local Plan 2015 and Government guidance within the National Planning Policy Framework.

3.       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 infrastructure contributions 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 Policies BSC3, BSC10, BSC11 and INF 1 of the Cherwell Local Plan 2015 and Planning Obligations SPD 2018 and Government guidance within the National Planning Policy Framework.

4.       The application proposal which seeks permission on only part of the Policy Banbury 8 allocation, and more crucially fails to include the adjacent tyre depot fails to provide a coherent and integrated development on the part of Policy Banbury 8 site, resulting in an inappropriate and potentially harmful piecemeal development.  As such the application is not in accordance with Policy Banbury 8 of the adopted Cherwell Local Plan 2011 – 2031 and Government guidance within the National Planning Policy Framework.

Approved, subject to conditions and S106, details to be set out in the minutes.

The Committee considered application 21/04216/F for the development of a new accommodation houseblock, new office/administration building, new workshop building, extension to existing medical office, new 'programmes/multifaith' building, and extension to existing physical recreation building; associated demolition works; extension to the prison car park; associated landscaping at HM Prison Bullingdon, Patrick Haugh Road, Upper Arncott, Bicester, OX25 1PZ for Her Majesty's Prison & Probation Service.

Chris Hays, agent for the applicant, addressed the committee in support of the application.

In reaching its decision the committee considered the officers’ report and presentation and the written updates and the address of the public speaker.

Resolved

(1)       That authority be delegated to the Assistant Director of Planning and Development to grant permission for application 21/04216/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 (and any amendments as deemed necessary):

·               £125,000 towards public transport services

·               Monitoring fees – TBC

ii)         the following conditions (and any amendments to those conditions 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.

2.      The development shall not be carried out otherwise than in complete accordance with the approved plans 535804-BHK-ZZZ-ZZ-DR-A-001-S4-D0100_P02, 535804-BHK-ZZZ-ZZ-DR-A-020-S4-D0100_P03, 535804-BHK-ZZZ-ZZ-DR-A-021-S4-D0100_P03, 535804-BHK-ZZZ-ZZ-DR-A-100-S4-D0100_P07, DR-A-1200_P01, DR-A-1201_P01, DR-A-1202_P01, DR-A-1203_P01, DR-A-1204_P01, DR-A-1205_P01, DR-A-3920_P01, DR-A-4000_P01, DR-A-4001_P01, DR-A-4002_P01, DR-A-4003_P01, DR-A-4004_P01, DR-A-4005_P01, DR-A-4006_P01, DR-A-3100_P01, DR-A-3101_P01, DR-A-30206_P01, DR-A-3100_P01, 535804-6462-BHK-051-ZZ-DR-A-0700-S4-D0100_P01, 535804-6462-BHK-051-ZZ-DR-A-0120-S4-D0100_P03, 535804-6462-BHK-051-GF-DR-A-0100-S4-D0100_P04, 535804-6462-BHK-051-MZ-DR-A-0102-S4-D0100_P02, 535804-6462-BHK-051-ZZ-DR-A-0110-S4-D0100_P03, 535804-6462-BHK-051-R1-DR-A-0101-S4-D0100_P04, 535804-6462-BHK-050-ZZ-DR-A-0120-S4-D0100_P02, 535804-6462-BHK-050-GF-DR-A-0100-S4-D0100_P03, 535804-6462-BHK-050-R1-DR-A-0101-S4-D0100_P03, 535804-6462-BHK-050-ZZ-DR-A-0110-S4-D0100_P02, 535804-6462-BHK-053-ZZ-DR-A-0700-S4-D0100_P01, 535804-6462-BHK-053-ZZ-DR-A-0120-S4-D0100_P03, 535804-6462-BHK-053-ZZ-DR-A-0110-S4-D0100_P03, 535804-6462-BHK-053-GF-DR-A-0100-S4-D0100_P05, 535804-6462-BHK-053-01-DR-A-0101-S4-D0100_P05, 535804-6462-BHK-053-02-DR-A-0103-S4-D0100_P02, 535804-6462-BHK-053-R1-DR-A-0102-S4-D0100_P04, 535804-6462-BHK-024-ZZ-DR-A-0700-S4-D0100_P01, 535804-6462-BHK-024-ZZ-DR-A-0120-S4-D0100_P03, 535804-6462-BHK-024-GF-DR-A-0100-S4-D0100_P04, 535804-6462-BHK-024-01-DR-A-0101-S4-D0100_P04, 535804-6462-BHK-024-MZ-DR-A-0103-S4-D0100_P02, 535804-6462-BHK-024-R1-DR-A-0102-S4-D0100_P04, 535804-6462-BHK-024-ZZ-DR-A-0110-S4-D0100_P03, 535804-6462-BHK-055-ZZ-DR-A-0700-S4-D0100_P01, 535804-6462-BHK-055-ZZ-DR-A-0120-S4-D0100_P03, 535804-6462-BHK-055-ZZ-DR-A-0100-S4-D0100_P04, 535804-6462-BHK-055-02-DR-A-0102-S4-D0100_P02, 535804-6462-BHK-055-R1-DR-A-0101-S4-D0100_P04, 535804-6462-BHK-055-ZZ-DR-A-0110-S4-D0100_P03, 535804-6462-BHK-026-ZZ-DR-A-0700-S4-D0100_P01, 535804-6462-BHK-026-ZZ-DR-A-0120-S4-D0100_P03, 535804-6462-BHK-026-GF-DR-A-0001-S4-D0100_P02, 535804-6462-BHK-026-GF-DR-A-0100-S4-D0100_P05, 535804-6462-BHK-026-01-DR-A-0002-S4-D0100_P02, 535804-6462-BHK-026-01-DR-A-0101-S4-D0100_P04, 535804-6462-BHK-026-R1-DR-A-0102-S4-D0100_P04, 535804-6462-BHK-026-ZZ-DR-A-0110-S4-D0100_P03, 535804-6462-BHK-052-00-DR-A-0100-S4-D0100_P03, 535804-6462-BHK-ZZZ-ZZ-SK-C-4200-S4-D0100_P01, 535804-6462-BHK-ZZZ-ZZ-SK-C-4201-S4-D0100_P01 received 20/12/2021 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.

3.      No development shall be occupied until confirmation has been provided that either:- (i) all water network upgrades required to accommodate the additional demand to serve the development have been completed; or (ii) a development and infrastructure phasing plan has been agreed with Thames Water to allow development to be occupied. Where a development and infrastructure phasing plan is agreed no occupation shall take place other than in accordance with the agreed development and infrastructure phasing plan.

          Reason: The development may lead to no / low water pressure and network reinforcement works are anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional demand anticipated from the new development.

4.      The development hereby permitted shall be carried out in accordance with the recommendations set out in Ecological Appraisal of the HMP Prison Bullingdon by Bioscan (UK) Ltd  ...  view the full minutes text for item 14.

Application deferred for a Site Visit.

The Committee considered application 22/00539/F for the demolition of an existing dwellinghouse, garage and outbuilding and the erection of 2 x 5-bed detached dwelling houses (Use Class C3). Car parking, and alterations to access and landscaping at 94 The Moors Kidlington Oxfordshire OX5 2AG for Henaud Developments  This was a resubmission of application 21/03017/F.

It was proposed by Councillor Billingham and seconded by Councillor Walker that application 22/00539/F be deferred for a site visit as the considered it  imperative that Members see the development site in context with the surrounding buildings to understand any possible implications on them.

Resolved

(1)       That consideration of application 22/00539/F be deferred for a site visit to take place prior to the meeting at which application 22/00539/F, 94 The Moors Kidlington Oxfordshire OX5 2AG would be considered by the Planning Committee.

Approved, subject to no new material planning consideration being raised before the expiry of the consultation period and conditions details to be set out in the minutes.

The Committee considered application 22/00601/CDC a retrospective application for the adaptation to eastern boundary to improve privacy for both residents and neighbours. The existing boundary consisted of two limestone walls that sit either side of a taller timber fence. The proposal sought to retain the existing limestone walls but to increase the height of these by attaching new, higher quality timber panels together with the removal and replacement of the existing fence section to match at 2, 4 and 6 Priory Mews, Old Place Yard, Bicester, OX26 6AU for Miss Kim Swallowe.

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

Resolved

(1)       That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 22/00601/CDC subject to:

i)          no new material planning considerations being raised before the expiry of the consultation period

ii)         the following conditions (and any amendment to those conditions deemed necessary):

CONDITIONS

Compliance with Plans

1.         Except where otherwise stipulated by conditions attached to this permission, the development shall remain in accordance with the information contained within the application form and the following approved plans: Site Location Plan received by the Council on 16 March 2022, Site Plan – extent of Boundary received by the Council on 14 March 2022 and drawing number 012/21 Rev B (Proposed Site Plan/ Elevations).

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.

2.         The fence shall be stained to match that of the existing front boundary fence and in accordance with the proposed fence treatment picture within drawing number 012/21 Rev B.

Reason: To ensure that the materials are appropriate to the appearance of the locality and to ensure the satisfactory appearance of the completed development 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.

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.

Resolved

(1)          That the position statement be accepted.