Agenda, decisions and minutes

9. Land East of Warwick Road Drayton, Warwick Road, Banbury.

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

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

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 meeting of the Committee held on 13 July 2023.

The Minutes of the meeting held on 13 July 2023 were agreed as a correct record and signed by the Chairman.

To receive communications from the Chairman.

The Chairman made the following announcements:

1.    Reminded Members of the Committee that there will be a meet and greet session with Planning Officers prior to the next Planning Committee meeting on 7 September 2023.

2.    Advised members of the public attending the meeting that only registered speakers may address the Committee and requested that they did not cause a disturbance.

There were no items of urgent business.

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.

Approved in line with the officer recommendation, subject to conditions, details to be set out in the minutes.

The Committee considered application 23/01086/F for an RSPB Work base comprising change of use and conversion and extension of an existing bungalow for office/residential intern use, construction of two agricultural storage buildings for maintenance of the reserve and new security fencing at Otmoor Farm, Ragnalls Lane, Horton Cum Studley, OX33 1AR for the RSPB.

Councillor Gemma Coton addressed the Committee as a Local Ward Member who had called in the application to Committee for consideration.

David Slingo, Chair of Horton Cum Studley Parish Council, addressed the Committee in objection to the application.

David Wilding, on behalf of the applicant, RSPB, 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 application 23/01086/F, in line with the officer’s recommendation, authority be delegated to the Assistant Director for Planning and Development to grant permission, subject to the conditions set out below (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: Design and Access Statement, Primary Ecological Appraisal dated April 2022, Biodiversity Plan, Tree Survey, Letter from agent received 24 June 2023, Location plan received 29 June 2023, Location within RSPB Otmoor Nature Reserve plan received 29 June 2023, Location plan with ROW received 29 June 2023, Drawing No’s: SA-20-001 Rev. D, SA-20-002 Rev. D, SA-20-012 Rev. A, SA-20-013 Rev. A, SA-20-015, SA-20-016 Rev. A, Fortex fence specification details  

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.

Prior to commencement of groundworks, works of site clearance or demolition

3.         Prior to the commencement of any groundworks, works of site clearance or demolition, a Construction Traffic Management Plan (CTMP) shall be submitted to and approved in writing by the Local Planning Authority.  Thereafter, the development shall be undertaken in accordance with the approved CTMP at all times.

Reason - In the interests of highway safety and the safety of users of the public right of way, and to ensure the environment is protected during construction in accordance with saved Policies SLE4 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

4.         Prior to the commencement of any groundworks, works of site clearance or demolition, a Construction Environmental Management  ...  view the full minutes text for item 38.

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

The Committee considered application 23/00853/OUT, an outline application for up to 170 dwellings (Use Class C3) with associated open space and vehicular access off Warwick Road, Banbury; All matters reserved except for access at Land East Of Warwick Road Drayton, Warwick Road, Banbury for Vistry Homes.

Chris Brant, on behalf of Keep Hanwell Village Rural Action Group and Hanwell Parish Council, addressed the Committee in objection to the application.

David Murray-Cox, on behalf of the agent for the applicant, Turley, addressed the Committee in support of the application.

In reaching its decision the Committee considered the officers report and presentation addresses from the public speakers and the written updates.

Resolved

That application 23/00853/OUT be refused, in line with the officer’s recommendation, as revised in written updates, for the following reasons:

1.         Cherwell District Council is able to demonstrate a 5-year housing land supply meaning that the relevant development plan policies are up to date. The application site is located within open countryside and is not allocated for development. The proposed development by virtue of its visually prominent position, is such that it would breach Banbury’s contained environmental setting, giving rise to a direct risk of coalescence between Banbury and Hanwell, causing undue visual intrusion into the open countryside, fundamentally changing the undeveloped characteristics of these parcels of open arable land, creating a prominent urban built form, inconsistent with the local character, to the detriment of the rural landscape and the identity and individuality of Hanwell village, contrary to Policies PSD1 and BSC1 of the CLP 2031 Part 1, saved Policies C8 and H18 of the CLP 1996 and Government guidance within the National Planning Policy Framework.

2.         The proposed development is considered to erode the open arable landscape which provides clear separation between Banbury and Hanwell and forms part of the surroundings within which the setting of Hanwell Conservation Area, St Peter’s Church (Listed Building Grade I) and Hanwell Castle (Listed Building Grade II*) are experienced, to the detriment of and causing harm (less than substantial) to the setting of these designated heritage assets, contrary to policy ESD15 of the CLP 2031 Part 1 and Government guidance within the National Planning Policy Framework.

3.         No evidence base has been provided to attempt to demonstrate whether the loss of this ‘very good’ and ‘good’ quality parcels of agricultural land could be avoided. The proposals thereby fail to satisfy the prescribed criteria under Policy Villages 2 of the CLP 2031 Part 1 and the requirements of para. 174 of the NPPF.

4.         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. As such, the proposal is contrary to Policy INF1 of the Cherwell Local Plan 2011-2031, CDC’s Developer Contributions SPD 2018 and Government guidance within the National Planning  ...  view the full minutes text for item 39.

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

The Committee considered application 23/01265/OUT, an outline planning application for the erection of up to 60 dwellings with public open space, landscaping, sustainable drainage system (SuDS) and vehicular access point and all matters reserved except for means of access at OS Parcel 0078 North West Of Quarry Close, Quarry Close, Bloxham for Gladman Developments Ltd.

David Bunn, Bloxham Parish Councillor, addressed the Committee in objection to the application.

In reaching its decision the Committee considered the officers’ report, presentation, the written update, and addresses from the public speaker.

Resolved

That authority be delegated to the Assistant Director of Planning and Development to refuse application 23/01265/OUT, in line with officer recommendation, subject to the reasons below and any modification(s) that the Assistant Director of Planning and Development may deem appropriate:

1.         The site is located outside the built form of Bloxham and within an area of open countryside. By reason of its location and the proposed scale of development, the proposal would have a poor and incongruous relationship with the existing settlement appearing prominent in the open countryside. Its development would therefore have an adverse effect on the landscape on the approach to Bloxham to the detriment of the character and appearance of the countryside. In addition, the Council is able to demonstrate a 5.4-year housing land supply, and therefore the housing strategies in the Local Plan are up to date. It is considered that the development of this site would conflict with the adopted policies in the Local Plan to which substantial weight should be attached and result in unsustainable growth. The proposed development would therefore be contrary to Policies PSD1, BSC1, ESD1, ESD13, ESD15, Villages 1 and Villages 2 of the Cherwell Local Plan 2011 - 2031 Part 1, saved Policies C28, C30 and C33 of the Cherwell Local Plan 1996, Policies BL2, BL3 and BL11 of the Bloxham Neighbourhood Plan 2015 - 2031 and Government guidance in the National Planning Policy Framework.

2.         By reason of its location more than 800m walking distance from the village centre and any key amenities in the village (e.g., food shop, post office, primary school, GP surgery, public house), the proposal would be poorly connected to existing development, such that future occupiers would not have a realistic choice of means of travel. Therefore, the proposal conflicts with Policies ESD1, ESD15 and Villages 2 of the Cherwell Local Plan 2011-2031, saved Policies C28 and 30 of the Cherwell Local Plan 1996, Policy BL3 of the Bloxham Neighbourhood Plan 2015 - 2031 and Government guidance in the National Planning Policy Framework. 

3.         By reason of the siting and size of the development and the resulting loss of grade 1 agricultural land, and taking into account the Council’s ability to demonstrate an up-to date 5.4 year housing land supply across the District and having delivered in excess of 750 dwellings at Category A villages under Policy Villages 2, and the lack of evidence to demonstrate that there are no other sites in Category  ...  view the full minutes text for item 40.

Approved in line with the officer recommendation, subject to conditions, details to be set out in the minutes.

The Committee considered application 22/02668/F for the erection of a building to be used for storage of vehicles, with associated works at The Firs Garage, Tadmarton Heath Road, Hook Norton, OX15 5DD for Tom Hartley Jnr. Ltd.

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

Resolved

(1)      That application 22/02668/F, in line with the officer’s recommendation, authority be delegated to the Assistant Director for Planning and Development to grant permission, subject to the conditions set out below (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:  

Location Plan 18169-L001 dated 07.07.2022

Site Plan 18169-PP1010 dated 07.07.2022

Ground Floor Plan 18169-PP0130 dated 04.07.2022

First Floor Plan 18169-PP0131 dated 04.07.2022

Roof Plan 18169-PP0132 dated 24.05.2022

Sections 18169-PS0110 dated 04.07.2022

Site Sections 18169-PS1010 dated 07.07.2022

Street Elevation 18169-PE1010 dated 07.07.2022

Elevations 18169-PE0111 dated 04.07.2022

Photovoltaic Installation General Arrangement C1181D-DTL-CB-RF-DR-E-7001 Rev T01 

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.

Grampian Condition

3.         The development hereby approved shall not be completed and occupied unless and until the development approved by permission 21/00955/F on 16.07.2021 has been substantially completed. 

Reason – In order to ensure completeness of the development scheme as a combined development.

Materials

4.         No development shall commence above slab level unless and until a schedule of materials and finishes to be used in the external walls and roof of the building has been submitted to and approved in writing by the Local Planning Authority.  The stone to be used in the development shall be natural ironstone.  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 in accordance with Policies ESD 1, ESD 3 and ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996, Policies HN – CC 2 and HN – CC 4 of the Hook Norton Neighbourhood Plan and Government guidance contained within the National Planning Policy Framework.

Ecology

5.         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  ...  view the full minutes text for item 41.

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.

Report of Assistant Director Planning and Development

Purpose of report

This report details the Council’s performance in determining planning applications for the Government’s targets on Speed and Quality, as well as general performance figures.

Recommendations

The meeting is recommended:

1.1       To note the report.

Resolved

(1)         That the report be noted.

The Assistant Director Planning and Development submitted a report that detailed the Council’s performance in determining planning applications against the Government’s targets on Speed and Quality, as well as general performance figures.

Resolved

(1)         That the report be noted.