Agenda, decisions and minutes

6. Urgent Business.

Councillor Ian Corkin, Conflict of Interest, As a NED for Graven Hill Village Development Company and would leave the meeting for the duration of the item.

Councillor Les Sibley, Declaration, as he did not support application 21/03177/F and would not take part in the debate or vote on the application.

8. OS Parcel 5700 South West of Grange Farm, Street through Little Chesterton, Chesterton.

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

10. Waverley House, Queens Avenue, Bicester, OX26 2PY.

Councillor Les Sibley, Declaration, as a member of Bicester Town Council which had been consulted on the application and that he would speak as local ward member in objection to the application and leave the meeting for the duration of the item

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.

14. Castle Quay 2, Spiceball Park Road, Banbury, OX16 2PA (1217).

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

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.

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

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

16. 22 Castle Quay, Banbury, OX16 5UH.

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  ...  view the full minutes text for item 30.

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 16 June 2022.

The Minutes of the meeting held on 6 June 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 two items of urgent business:

21/01454/F - Former Rodney House Private Drive Off Graven Hill Road Ambrosden which was approved subject to a S106 Deed of Variation, a S106 Agreement and Conditions, details to be set out in the minutes.

21/03177/F -  Axis J9 Phase 3 Howes Lane Bicester, which the committee agreed should be refused subject to Authority being delegated to the Assistant Director for Planning and Development to negotiate and complete an agreement containing obligations pursuant to S106 of the Town and Country Planning Act 1990 (as amended) relating to any planning appeal submitted against the decision issued under this application.  Reasons for refusal to be set out in the minutes.

The Chairman advised that he had agreed to add two items of urgent business to the agenda as the matters had arisen after agenda publication and decisions by the Committee were required before the next scheduled meeting of the Committee.

1.       Application 21/01454/F - Former Rodney House Private Drive Off Graven Hill Road, Ambrosden

The first item of urgent business related to application 21/01454/F for the proposed Bicester Health and Wellbeing Hub at Former Rodney House, Private Drive off Graven Hill Road, Ambrosden for Mr Richard Drew.

The Committee was advised that following their resolution in February 2022 to delegate authority to the Assistant Director Planning and Development to grant planning permission subject to conditions, an s106 deed of variation to the extant s106 to address the revised biodiversity mitigation and a s106 to secure a contribution to improve public transport (bus) provision to the site, officers had not been able to determine the application due to outstanding matters which could not be resolved within the scope of the delegated powers to officers within the scope of the resolution to approve the application.

The Applicant had advised that the development may not proceed if a decision was not issued by  22 July 2022. The report was therefore submitted to the Committee as urgent business to request the Committee agree the necessary  amendments to the delegated powers previously given to officers.

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

Resolved

(1)      That authority be delegated to the Assistant Director of Planning and Development to grant permission for application 21/01454/F subject to:

i)        The conditions set out in the agreed minutes from the 10 February 2022 Planning Committee meeting (and any amendments to those conditions as deemed necessary) and alterations to condition 2 (approved plans) and 22 (footway/cycleway) as follows:

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: [BHWH-IBI-XX-XX-PL-A-100003 Rev 8 – Red Edge Plan]; IBI-AR-XXXX-PL-100-004 Rev 17 – Proposed Site Masterplan; WIE11386-HHA-05-001 RevA01 – Health Hub & Western Spine Road Vis.; WIE-16470-ZZ-XX-DR-L-74-101 RevT02 – Biodiversity Net Gain Offset Plan; 122447-IBI-XX-WS-PL-A-100-005 Rev 7– Existing Site Location Plan; IBI-XX-XX-PL-A-200-005 Rev 18 – Proposed Site Plan;16470-WIE-100-74-XX-ZZ-000 Rev A – Colour Masterplan; 122447-IBI-XX-XX-PL-A-200-5010 Rev P4 – Ground Floor Plan; 122447-IBI-XX-XX-PL-A-200-5011 Rev P4 –

First Floor Plan; 122447-IBI-XX-XX-PL-A-200-5012 Rev P4 – Second Floor Plan; 122447-IBI-XX-XX-PL-A-200-5013 Rev P1 – Roof Plan; 122447-IBI-XX-XX-EL-A-200-5020 Rev P1 – North & West Elevations; 122447-IBI-XX-XX-EL-A-200-5021 RevP1 – East & South Elevations; 122447-IBI-XX-XX-EL-A-200-5022 Rev P1 – Courtyard Elevations; 8757-MCP-V1-XX-DR-E-9000 Rev P01 – External Lighting Strat. & PV Plan; 16470-WIE-100-74-XX-ZZ-100 Rev P03 – Illustrative Landscape Plan; Design & Access Statement, March 2021; Planning Statement, April 2021; WSI for Archaeological Investigation, February 2021; Technical Note – Biodiversity Net Gain Assessment, April 2021; Supplemental Tech. Note – Biodiversity Net Gain Assessment, August 2021; Ecological Impact Assessment, March 2021; Building Regs Part L Compliance Report, March 2021; Geotechnical Desk-Study Report – Part 1, February 2021; Geotechnical Desk-Study  ...  view the full minutes text for item 35.

Approved, subject to conditions and a section 106 legal agreement, details to be set out in the minutes.

The Committee considered application 22/01144/F a full planning application for the erection of a new high quality combined research, development and production facility comprising of Class B2 floorspace and ancillary office floorspace with associated infrastructure including formation of signal-controlled vehicular access to the A41 and repositioning of existing bus stops; ancillary workshops; staff gym and canteen; security gate house; a building for use as an energy centre (details of the energy generation reserved for future approval); loading bays; service yard; waste management area; external plant; vehicle parking; landscaping including permanent landscaped mounds; sustainable drainage details; together with the demolition of existing agricultural buildings within the red line boundary; and the realignment of an existing watercourse at OS Parcel 5700 South West of Grange Farm Street Through

Little Chesterton, Chesterton for Tritax Symmetry Oxford North Limited and Siemens Healthineers.

Nick Wyke, agent for the applicant and Andre Lindeboom of Siemens Magnet Technology, addressed the Committee in support of the application.

It was proposed by Councillor Coton and seconded by Councillor Broad that application 22/01144/F be refused contrary to the officer’s recommendation as the site was on unallocated land and not in the local plan.  There was also concern around the impact on the local villages of Chesterton, Wendlebury and Weston.

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

It was proposed by Councillor Corkin and seconded by Councillor Clarke that application 22/01144/F be approved.

On reaching its decision the Committee considered the officers report and presentation, the written updates, and the address of the public speakers.

Resolved

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant permission for application  22/01144/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 infrastructure set out in appendix 1 and amendments in the written updates (and any amendments to those obligations as deemed necessary.

ii)        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 following plans and documents:

·     Access Plan - Drawing 205223/PD09 Rev C

·     13-222-SGP-STE-00-DR-A-131002 - Location Plan – Symmetry Park, Oxford North (Rev. P8)

·     13-222-SGP-ZZ-ZZ-DR-A-131007 – Watercourse Diversion Planning Location Plan (Rev. P1)

·     13-222-SGP-ZZ-ZZ-DR-A-131009- 01 – Location Plan

·     13-222-SGP-ZZ-ZZ-DR-A-121404 – Energy Centre Proposed Plan & Elevations (Rev. A)

·     13-222-SGP-ZZ-ZZ-DR-A-131000 - Site Plan – Phase 1 (Rev. V)

·     13-222-SGP-ZZ-ZZ-DR-A-131001 - Site Plan – Phase 2 (Rev. V)

·     13-222-SGP-ZZ-ZZ-DR-A-131003 - External Furniture  ...  view the full minutes text for item 36.

Approved, subject to conditions and a section 106 legal agreement, details to be set out in the minutes.

The Committee considered application 22/00017/F for the demolition of an existing vehicle showroom and associated garages and the erection of 2 new housing blocks containing a total of 15 flats including car parking and ancillary supporting uses with landscaping at Kidlington Garage, 1 Bicester Road Kidlington OX5 2LA for Sweetcroft Homes.

Local Ward Member, Councillor Ian Middleton, addressed the Committee regarding the application.

Neil Perry of Anderson Orr Architects addressed the Committee in support of the application.

In reaching its decision the Committee considered the officers report and presentation, the written updates, 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 22/00017/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 deemed necessary):

          S106 Head of Terms - As set out in the table at Appendix 1.

ii)        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:

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.

Landscaping

3.       A scheme for landscaping the site shall be provided to and approved in writing by the Local Planning Authority which shall include:-

(a) details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas and written specifications (including cultivation and other operations associated with plant and grass establishment i.e. depth of topsoil, mulch etc),

(b) details of the existing trees and hedgerows to be retained as well as those to be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation,

(c) details of the hard landscaping including hard surface areas, pavements, pedestrian areas and steps.

(d) Full details of all means of enclosures

Such details shall be provided prior to the development progressing above slab level or such alternative time frame as agreed in writing by the developer and the Local Planning Authority. The development shall be carried out in accordance with the approved details and the hard landscape elements shall be carried out prior to the first occupation of the development and shall be retained  ...  view the full minutes text for item 37.

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

The Committee considered application 21/02573/F for the demolition of an existing building and erection of a building to form 48 apartments together with landscaping, car parking, bin stores, secure cycle parking and associated infrastructure at Waverley House, Queens Avenue, Bicester, OX26 2PY for GG Oxford Investments Limited.

Local Ward Member, Councillor Les Sibley, addressed the Committee in objection to the application.

Jo Bennett, agent for the applicant, addressed the Committee in support of the application.

It was proposed by Councillor Broad and seconded by Councillor Mould that application 21/02573/F be refused as it would cause substantial harm. Notwithstanding that  the application site was in a sustainable location, the bulk, scale and height of the building and the loss of setback would be a considerable change in the street scene and would not be in keeping with the character of the street.  It was also noted that there was an outstanding objection from the Local Flood Authority.

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

Resolved

(1)      That application 21/02573/F be refused contrary to the officer’s recommendation for the following reasons, with the exact wording of the reasons for refusal delegated to the Assistant Director Planning and Development:

          1)       It would cause substantial harm. Notwithstanding that the application site is in a sustainable location, the bulk, scale and height of the building and the loss of setback along with the loss of a non-designated heritage asset would be a considerable change in the street scene and would not be in keeping with the character of the street. The lack of visitor parking would also result in on street parking. It was also noted that there was an outstanding objection from the Local Flood Authority and there was no signed S106 agreement.

(2)      Authority be delegated to The Assistant Director for Planning and Development to negotiate and complete an agreement containing obligations pursuant to S106 of the Town and Country Planning Act 1990 (as amended) relating to any planning appeal submitted against the decision issued under application 21/02573/F.

Approved, conditions to be set out in the minutes.

The Committee considered application 22/00256/F for the change of use from a public house to a single residential dwelling at the North Arms Inn, Mills Lane, Wroxton, OX15 6PY for James Collins.

James Collins, the applicant, addressed the Committee in support of the application.

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

Resolved

(1)      That permission be granted for application 22/00256/F subject to the following conditions:

1.       The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission.

Reason - To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.       Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the information contained within the application form and drawings Site Location Plan and Site P

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 significance of heritage assets and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C18 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

3.       Prior to the first occupation of the development hereby permitted, written confirmation that the development achieves a water efficiency limit of 110 litres/person/day under Part G of the Building Regulations shall be submitted to and approved in writing by the Local Planning Authority.

Reason: Cherwell District is in an area of water stress, to mitigate the impacts of climate change and in the interests of sustainability, to comply with Policies ESD1 and ESD3 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in the National Planning Policy Framework.

Application deferred for a Site Visit.

The Committee considered application 21/01561/F for the erection of one detached dwelling and detached garage at Allotment Gardens West of the Roebuck Inn and Southeast of The Blinking Owl Public House, Banbury Road, North Newington, OX15 6AB for Mr Christopher McNally.

It was proposed by Councillor Reynolds and seconded by Councillor Corkin that application 21/01561/F be deferred for a site visit to enable Members to see the development site in context with the proposed access and parking.

Resolved

That consideration of application  21/01561/F be deferred to allow for a site visit.

Approved details to be set out in the minutes.

The Committee considered application 22/00978/M106 for the modification of the S106 to application 18/01491/OUT - Planning obligation, specifically sections 1.1, 2.1, 2.3 of Part 5 Schedule 2 of the s106, dated 19/06/2019 (all sections referring to the existing water tower) (resubmission of 21/02503/M106) at Land Adj to Cotswold Country Club and South of Properties on Bunkers Hill, Shipton on Cherwell for Keble Homes.

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

Resolved

(1)      That the obligation be modified in accordance with the Deed of Variation dated 1 July 2021, submitted with  application 22/00978/M106 on the basis that circumstances had changed since the s106 to 18/01491/OUT was completed. The s106, as modified, continued to serve a useful purpose, delivering the other benefits of the development regarded as necessary at the time of determination to make the development acceptable in planning terms.

Approved, details to be set out in the minutes.

The Committee considered application 22/01217/DISC for the partial discharge of Condition 22 (operational plant and mitigation) in relation to Unit 6 of the Castle Quay 2 Development of  application 16/02366/OUT at Castle Quay 2 Spiceball Park Road Banbury Oxfordshire OX16 2PA for Pizza Express Restaurants Limited.

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

Resolved

(1)      That permission be granted for the discharge of condition 22 (operational plant and mitigation) in regard to unit 6 of block B, of application 16/02366/OUT.  Details approved are as follows:

EMAQ Risk Assessment for Odour

Kitchen Extract Layout C137-M-11-01

WC Extract Layout C137-M-11-02

General Extract Layout C137-M-11-03

Fresh Air Supply Layout C137-M-11-04

All Ventilation Layout C137-M-11-05

First Floor Plant Room Layout C137-M-11-06

Second Floor Plant Deck Layout C137-M-11-07

Roof Level C137-M-11-08

Air Conditioning Layout C137-M-15-01

Approved, details to be set out in the minutes.

The Committee considered application 22/01588/DISC for the partial discharge of condition 22 (operational plant and mitigation) in relation to Unit 4 of Block B of Castle Quay 2 Development of  application 16/02366/OUT at Land Adjacent to the Oxford Canal, Spiceball Park Road, Banbury for Nando's Chickenland Limited.

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

Resolved

(1)       That permission be granted for the partial discharge of condition 22 (operational plant and mitigation) in regard to Unit 4 of Block B of application 6/02366/OUT.  Details approved are as follows:

            Equipment Schedule

Nando’s Shell Specification

Block Plan 1139542

Proposed Ground Floor HVAC Layout and Sections 8277-02 Rev A

Proposed First Floor M&E HVAC Layout and Sections 827703 Rev P2

Proposed Roof HVAC Layout 8277-07 Rev P2

Approved, conditions to be set out in the minutes.

The Committee considered application 19/02538/F for Shopfront alterations and other external alterations including the installation of 3 No air conditioning units at 22 Castle Quay Banbury OX16 5UH for Coffee #1 Limited.

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

Resolved

(1)       That permission be granted for application 19/02538/F subject to the following conditions:

            Compliance with Plans

1.         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: P2, P6, P7, T3 Rev A, T05 Rev A and email received on (18.11.2020) at 15:07hrs from the applicant’s agent (John-Rhys Davies) confirming the omission of the proposed illumination within the shopfront.

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 19/02539/LB, listed building consent for the alteration to a shopfront, installation of new advertisements, installation of 3 No air conditioning units and other external and internal alterations at 22 Castle Quay, Banbury, OX16 5UH for Coffee #1 Limited.

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

Resolved

(1)      That listed building consent be granted subject to the following condition:

          Compliance with Plans

1.       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: P2, P6, P7, T3 Rev A, T05 Rev A and email received on (18.11.2020) at 15:07hrs from the applicant’s agent (John-Rhys Davies) confirming the omission of the proposed illumination within the shopfront.

Reason – For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and to preserve the significance of heritage assets and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, Saved Policy C18 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework

Approved, conditions to be set out in the minutes.

The Committee considered application 2/01149/F for the formation of new external seating area at Castle Quay 2, Spiceball Park Road, Banbury Oxfordshire, OX16 2PA for Pizza Express Restaurants Limited.

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

Resolved

(1)       That permission be granted for application 2/01149/F subject to the following 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:

Site Location Plan 2209/SL01

Proposed External Elevations 2209/P02

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

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.