Agenda, decisions and draft minutes


Planning Committee - Thursday 12 August 2021 4.00 pm

Venue: Bodicote House, Bodicote, Banbury, Oxon OX15 4AA

Contact: Lesley Farrell, Democratic and Elections  Email: democracy@cherwell-dc.gov.uk, 01295 221591

Media

Items
Note No. Item

48.

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:

8. Land To Rear Of 160 Bloxham Road, Banbury, OX16 9LE.

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

 

10. 21 Lawrence Way, Bicester, OX26 2FR.

Councillor Les Sibley, Non Statutory Interest, as a member of Bicester Town Council which had been consulted on the application and as local Ward Councillor who was against 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 Adjacent to the Oxford Canal, Spiceball Park Road, Banbury (1407).

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.

 

12. Castle Quay 2 Spiceball Park Road, Banbury, OX16 2PA.

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.

 

13. Land Adjacent to the Oxford Canal, Spiceball Park Road, Banbury (0218).

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.  ...  view the full minutes text for item 48.

49.

Requests to Address the Meeting

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.   

Additional documents:

Minutes:

The Chairman advised that requests to address the meeting would be dealt with at each item.

 

50.

Minutes pdf icon PDF 527 KB

To confirm as a correct record the Minutes of the meeting of the Committee held on 15 July 2021

Additional documents:

Minutes:

The Minutes of the meeting held on 15 July 2021 were agreed as a correct record and signed by the Chairman.

51.

Chairman's Announcements

To receive communications from the Chairman.

 

Additional documents:

Minutes:

The Chairman made the following announcements:

 

1.       Development Briefs, documents for endorsement in relation to Partial Review sites PR9 in Yarnton and PR7B in Kidlington would be submitted to the Committee for considered  in either October or November 2021.

 

2.       Officers proposed that a half hour briefing session be held prior to each Planning Committee meeting, to allow officers to update Committee members on changes to national planning policy and other relevant matters. 

 

The Committee agreed that a half hour briefing should take place prior to each meeting of the Planning Committee.

52.

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.

53.

Proposed Pre-Committee Site Visits (if any)

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

Additional documents:

Decision:

Resolved

 

(1)      That a site visit take place prior to the meeting at which application 21/02573/F, Waverley House, Queens Avenue, Bicester will be considered by Committee.

Minutes:

Application 21/02573/F – Waverley House, Queens Avenue, Bicester.

 

It was proposed by Councillor Sibley and seconded by Councillor Broad that a site visit take place at Waverley House, Queens Avenue, Bicester as this site was of major concern to residents of Bicester and not all of the proposed development could be seen from the street.

 

Resolved

 

(1)      That a site visit take place prior to the meeting at which application 21/02573/F, Waverley House, Queens Avenue, Bicester will be considered by the  Planning Committee.

21/01578/F

54.

Land To Rear Of 160 Bloxham Road, Banbury, OX16 9LE pdf icon PDF 104 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 21/01578/F for the erection of a new dwelling to the rear of 160 Bloxham Road, Banbury OX16 9LE for Mr Adrian Mitson.

 

Ursula Shanks, local resident, addressed the Committee in objection to the application.

 

In reaching its decision the Committee considered the officer’s report and presentation, and the address of the public speaker.

 

Resolved

 

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 21/01578/F subject to the following conditions (and any amendments to those conditions as deemed necessary):

 

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 number 001 Rev A, 002 Rev A, received 04/05/2021 and amended plans reference 003 Rev B and 004 Rev B received 24/06/2021.

       

        Reason: To clarify the permission and for the avoidance of doubt.

 

Materials

3.     No development shall commence above slab level unless and until a schedule of materials and finishes for the external walls and roof(s) of the development hereby approved has been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved schedule and shall be retained as such thereafter.

       

        Reason: To ensure the satisfactory appearance of the completed development and to comply 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.

       

Access and Turning

4.     Details of a turning area to be provided within the curtilage of the site so that motor vehicles may enter, turn around and leave in a forward direction including refuse and emergency service vehicles and including surfacing and drainage details shall be submitted to and approved in writing by the Local Planning Authority before the development reaches slab level. The turning area shall be constructed and completed in accordance with the approved details before the development is first occupied and shall be retained for the manoeuvring of motor vehicles at all times thereafter.

       

        Reason: In the interests of highway safety and to comply with Government guidance in Section 12 of the National Planning Policy Framework.

       

Construction Method Statement

5.     No development shall take place, including any works of demolition until a Construction Method Statement [for that phase] has been submitted to, and approved in writing by the Local Planning Authority. The statement shall provide for at a minimum:

a)The parking of vehicles of site operatives and visitors;

b)The routeing of HGVs to and from the site;

c)Loading and unloading of plant and materials;

d)Storage of plant  ...  view the full minutes text for item 54.

21/00369/F

55.

Kirtlington Post Office Stores, 1 Troy Lane, Kirtlington, OX5 3HA pdf icon PDF 104 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 21/00369/F for the change of use of a shop to residential use, alterations to rear of property, alterations to front window and two new roof lights at Kirtlington Post Office Stores, 1 Troy Lane, Kirtlington, OX5 3HA  for Ms R Simpson.  This application was a re-submission of application 19/02888/F.

 

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 21/00369/F subject to the following conditions (and any amendments to those conditions 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: 6168.01, 6168.02 A and 6168.04

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

 

Materials finishes detailing and design

3.  All works of making good shall be carried out in materials and detailed to match the adjoining existing fabric except where shown otherwise on the approved drawings.

Reason - To ensure the satisfactory appearance of the completed development and to comply 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.

 

4.  Prior to the insertion of the window in the front elevation full design details of the window at a scale of 1:20 including a cross section, cill, lintel and recess detail and colour/finish, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the window shall be installed within the building in accordance with the approved details.

 

Reason - To ensure the satisfactory appearance of the completed development and to comply 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.

         

21/00332/F

56.

21 Lawrence Way, Bicester, OX26 2FR pdf icon PDF 102 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 21/00332/F for a single storey rear extension, single storey side extension and part single storey front extension at 21 Lawrence Way, Bicester, OX26 2FR for Mrs Jenny Fenton.

 

Councillor Les Sibley, Local Ward Member, addressed the Committee in objection to the application. Having addressed the Committee, Councillor Sibley left the meeting and took no part in the debate or vote on the application.

 

Mrs Jenny Fenton, the applicant, addressed the Committee in support of the application.

 

It was proposed by Councillor Broad and seconded by Councillor Walker that application 21/00332/F be refused contrary to the officer recommendation due to overdevelopment of the site.

 

On being put to the vote, the proposal was lost and the motion subsequently fell.

 

It was proposed by Councillor Perry and seconded by Councillor Woodcock that application 21/00332/F be approved in line with officer recommendations.

 

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

 

Resolved

 

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant  permission for application 21/00332/F subject to the following conditions (and any amendments to those conditions 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 following plans and documents: Location plan (1:1250), ”Block plan 1:200 (21, Lawrence Way, Bicester, Oxfordshire, OX26 2FR)” “OX262FRFP01” and “OX262FREI01”.

 

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

 

Boundary treatment

3.     Notwithstanding the details submitted, no development shall commence above slab level until full details of means of enclosure have been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than 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 to comply with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policies C28 and C30 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

21/01407/OUT

57.

Land Adjacent to the Oxford Canal, Spiceball Park Road, Banbury (1407) pdf icon PDF 240 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 21/01407/OUT, an amendment to the Approved Plans (Condition 4) and removal of condition 24 (use of units) of application 16/02366/OUT 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 written updates.

 

Resolved

 

(1)      That authority  be delegated to the Assistant Director for Planning and Development to grant permission for application 21/01407/OUT subject to:

·       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 ensure the terms of the original section 106 are applied to the current proposal;

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

 

Conditions

 

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

Site Location (407-OP-00 P3)

Site Plan (407-RM-S-P-100 Rev 7)

Site Boundary (407-OP-01 P2)

Demolition (407-OP-02 P4)

Excavation (407-OP-03 P2)

Land Use Lvl 00 (407-OP-04 P7)

Land Use Lvl 01 (407-OP-05 P7)

Land Use Lvl 02 (407-OP-06 P7)

Land Use Lvl 03-07 (407-OP-07 P6)

Area Schedule (407-OP-08 P6)

Deviations L00 (407-OP-09 P7)

Deviations L01 (407-OP-10 P8)

Deviations L02 (407-OP-11 P9)

Deviations L03-07 (407-OP-12 P7)

Canopies (407-OP-13 P7)

Deviations in Height - Sheet 1 (407-OP-14 P5)

Deviations in Height - Sheet 2 (407-OP-15 P5)

Bridges (407-OP-16 P6)

Active Frontages (407-OP-17 P7)

Pedestrian Site Circulation (407-OP-18 P7)

Pedestrian Access and Circulation (407-OP-19 P6)

Landscape (407-OP-20 P7)

Vehicle Access and Circulation (407-OP-21 P8)

Proposed Highway Works Social Club Retained (5764-HP010 Rev P)

Cinema Service Yard (5764-HSK005 Rev F)

Cinema Tracking (5764/HPAT02 Rev F)

Food Delivery Tracking (5764/HPAT13)

HGV deliveries to food retail unit and along Spiceball Park Road (5764/HPAT14)

 

In addition approval is given for the documents submitted with the application and listed in the August 2016 list of plans and documents for approval.

 

Reason - For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority and to comply with the National Planning Policy Framework March 2012.

 

2.   The development permitted by this planning permission shall be carried out in accordance with the flood mitigation principles set out in the Flood Risk Assessment BMW/388/FRA rev A, undertaken by BWB Consulting dated 11th October 2013 and the addendum to the Flood Risk Assessment BMW/388/FRA-Addendum Rev A, dated 28th March 2014. Any subsequent amendments shall be agreed in writing with the local planning authority. Individual phases of the development shall be accompanied by a specific FRA to ensure that the individual elements follow the flood mitigation principles and do not affect flood risk in the wider catchment. Specific design requirements to ensure the safety of the development are:

    The operational areas of the ground floor food store to be set above the 1 in 100 year plus 20% flood level.       

    Flood resilient construction techniques to be included for  ...  view the full minutes text for item 57.

21/00394/ADV

58.

Castle Quay 2 Spiceball Park Road, Banbury, OX16 2PA pdf icon PDF 248 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 21/00394/ADV for multiple signage forming part of wayfinding strategy, including: 7 x welcome signs, 4 x Vehicle Directional Signs, 4 x Pedestrian Orientation Signs, 14 x Directional Signs and 12 x Identification Signs at Castel Quay 2, 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 21/00394/ADV subject to the following conditions (and any amendments to those conditions as deemed necessary):

 

1.      This consent to display advertisements shall expire at the end of 5 years, beginning on the date this consent was granted.

 

Reason: To comply with the provisions of Regulation 14 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended).

 

2.      Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the information contained within the application form and the following approved document: 10072 Castle Quay 2, Banbury – External Signage Locations P03 dated 24-06-2021

 

Reason: For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and to safeguard the visual amenity of the area and to comply with Government guidance contained within the National Planning Policy Framework.

 

3.      No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

 

Reason: To comply with the provisions of Regulation 14 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended).

 

4.      No advertisement shall be sited or displayed so as to - (a) endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military); (b) obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air; or (c) hinder the operation of any device used for the purpose of security or surveillance or for measuring the speed of any vehicle.

 

Reason: To comply with the provisions of Regulation 14 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended).

 

5.      Any advertisement displayed, and any site used for the display of advertisements, shall be maintained in a condition that does not impair the visual amenity of the site.

 

Reason: To comply with the provisions of Regulation 14 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended).

 

6.      Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public.

 

Reason: To comply with the provisions of Regulation 14 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended).

 

7.      Where an advertisement is required under the Advertisement Regulations to be removed, the site shall be left in a condition  ...  view the full minutes text for item 58.

21/00218/DISC

59.

Land Adjacent to the Oxford Canal, Spiceball Park Road, Banbury (0218) pdf icon PDF 240 KB

Additional documents:

Decision:

Deferred, for one cycle to allow an opportunity for the outstanding Section 106 agreement required in association with a related application, reference 20/00329/CDC, to be resolved.

 

Minutes:

The Committee considered application 21/00218/DISC, the discharge of condition 27 (Highway Signage Strategy) of application 16/02366/OUT (Castle Quay 2) at Land Adjacent to the Oxford Canal, Spiceball Park Road, Banbury for Cherwell District Council.

 

It was proposed by Councillor Perry and seconded by Councillor Reynolds that consideration of application 21/00218/DISC be deferred for one cycle to allow an opportunity for the outstanding Section 106 agreement required in association with a related application reference 20/00329/CDC, to be resolved.

 

Resolved

 

(1)      That application 21/00218/DISC be deferred, for one cycle to allow an opportunity for the outstanding Section 106 agreement required in association with a related application, reference 20/00329/CDC, to be resolved.

 

60.

Appeals Progress Report pdf icon PDF 338 KB

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.

 

Additional documents:

Decision:

Resolved

 

(1)            That the position statement be accepted.

 

Minutes:

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.