Agenda, decisions and minutes

12. Whitelands Farm Sports Ground, Whitelands Way, Bicester, OX26 1AJ.

Councillor Les Sibley, Other Registerable Interest, as a member of Bicester Town Council Planning Committee.

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 5 October 2023.

The Minutes of the meeting held on 5 October 2023 were agreed as a correct record and signed by the Chairman.

To receive communications from the Chairman.

The Chairman made the following announcement:

1.         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.

In line with the officer recommendation, the Committee resolved that they would have refused the application.  Reasons to be set out in the minutes.

The Committee considered application 21/03522/OUT, an outline planning application for the erection of up to 540 dwellings (Class C3), up to 9,000sqm GEA of elderly/extra care residential floorspace (Class C2), a Community Home Work Hub (up to 200sqm)(Class E), alongside the creation of two locally equipped areas for play, one NEAP, up to 1.8 hectares of playing pitches and amenity space for the William Fletcher Primary School, two vehicular access points, green infrastructure, areas of public open space, two community woodland areas, a local nature reserve, footpaths, tree planting, restoration of historic hedgerow, and associated works with all matters are reserved, save for the principal access points at OS Parcel 3673 Adjoining And West Of 161 Rutten Lane Yarnton OX5 1LT for Merton College.

Dave Thornhill and Steve Smith, on behalf of Yarnton Flood Defence Group and Yarnton Parish Council addressed the Committee in objection to the application.

Robert Davies, on behalf of the agent for the applicant, Gerald Eve, addressed the Committee in support of the application.

Members were asked for their observations regarding what their determination would have been, had an appeal against the non-determination of the application not been lodged.

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

Resolved

That, in line with the officer’s recommendation, had the power to determine application 21/03522/OUT continued to rest with the Committee, the Committee would have refused application 21/03522/OUT for the following reasons.

1.         The proposal has failed to adequately demonstrate that the application will deliver the public open space in the form of an informal parkland as specifically required by Policy PR9 which is required as a consequence of removing the allocated land from the Green Belt. As such the proposal is contrary to Policy PR9 of the Cherwell Local Plan Review 2020, the approved Development Brief and Government guidance within the National Planning Policy Framework.

Note to Appellant: This reason for refusal is capable of being addressed.

2.         The proposal has failed to adequately demonstrate that the development would not impact existing flora and fauna and that ecological mitigation would successfully deliver a 10% net gain in biodiversity and to ensure the protection, enhancement and connectivity with the local green infrastructure network alongside the successful delivery of the Local Nature Reserve. As such the proposal fails to accord with Policies ESD9, ESD10 and ESD13 of the adopted Cherwell Local Plan 2011-2031, Policies PR5 and PR9 of the Cherwell Local Plan Partial Review 2020, the approved Development Brief and Government guidance within the National Planning Policy Framework. 

Note to Appellant: This reason for refusal is capable of being addressed.

3.         The application proposal has failed to secure an appropriate safe and convenient access from William Fletcher Primary School to the new school playing fields as required by Policy PR9 which is contiguous with the existing school boundary. The proposal is therefore contrary to Policy PR9 of the Cherwell Local Plan Partial Review 2020, the adopted Development Brief  ...  view the full minutes text for item 75.

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

The Committee considered application 23/00334/F for the erection of a single dwelling, alterations to existing access off Orchard Piece, felling of 6 Category C trees at Land To The North West Of Old Farm House Adjoining Orchard Piece, Mollington for Mr T Hill and Ms K North.

Lousie Steele on behalf of the agent for the applicant, Framptons Town Planning Limited and on behalf of Mr Michael Boik, local resident, addressed the Committee in support of the application.

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

Resolved

That, in line with the officer’s recommendation, application 23/00334/F be approved subject to the conditions set out below (and any amendments to those conditions as deemed necessary) and 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 heads of terms as set out in the annex to the Minutes, as set out in the Minute book (and any amendments deemed necessary).

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 application forms and the following plans and documents:

·         Location/Block Plan, drawing number 5624.01 Rev B

·         Proposed Floor Plans/Roof Plan, drawing number 5624.02 Rev C

·         Proposed South and West Elevations, drawing number 5624.03 Rev D

·         Proposed North and East Elevations, drawing number 5624.04 Rev C

·         Tree Constraints Plan, drawing number 11548 Tcp 01

·         Mollington Topographical Survey, drawing number 1215 1319 1

·         Renovation of Existing Outbuilding, drawing number 5624.05

·         Arboricultural Impact Assessment

·         Ecological Report  Biodiversity Net Gain Feasibility Study

·         Biodiversity Net Gain Feasibility Study – Appendix 1

·         Biodiversity Net Gain Feasibility Study – Appendix 2

·         Biodiversity Net Gain Feasibility Study – Appendix 3  NSP Certificate

·         Biodiversity Impact Map v1 

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.         No development shall commence above slab level unless and until a stone sample panel (minimum 1m2 in size) has been constructed on site and has been inspected and approved in writing by the Local Planning Authority. The new stonework to be used in the construction of the external walls of the new dwelling hereby approved shall be laid, dressed, coursed and pointed in strict accordance with the approved stone sample panel, and shall be retained as such thereafter.

Reason – In the interests of the character and appearance of the area and to comply with Policy ESD15  ...  view the full minutes text for item 76.

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

The Committee considered application 23/01303/F for the erection of a single dwelling, detached garage and construction of new vehicular access at Scrapyard, Bunkers Hill, Shipton on Cherwell for Evans Exports Ltd.

Henry Venners, on behalf of the agent for the applicant, JPPC, addressed the Committee in support of the application.

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

Resolved

That, in line with the officer’s recommendation, application 23/01303/F be refused for the following reason.

1.         The proposal constitutes residential development in the open countryside, beyond the built-up limits of a settlement, for which it has not been demonstrated that there is an essential need. The dwelling would therefore be an unjustified and unsustainable form of development. The proposed development is therefore contrary to Policies ESD1, BSC1 and Villages 1 of the Cherwell Local Plan 2011-2031 Part 1, Policy H18 of Cherwell Local Plan 1996, and Government guidance within the National Planning Policy Framework.

Approved in line with the officer recommendation, subject to conditions and S106 legal agreement, details to be set out in the minutes.

The Committee considered application 21/01966/F for the erection of 18 dwellings and an access road at land to rear of Gracewell Care Home, Gardner Way, Adderbury for Malvern Homes Limited.

Councillor Rob Pattenden addressed the Committee as Local Ward Member.

Dianne Bratt, Chairman of Adderbury Parish Council, addressed the committee in objection to the application.

David Rahul, the applicant, addressed the committee in support to the application.

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

Resolved

(1)      That. in line with the officer’s recommendation, application 22/00747/OUT, be approved and authority be delegated to the Assistant Director for Planning and Development to grant permission, subject to

a)          The conditions set out below (and any amendments to those conditions as deemed necessary) and

b)          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 necessary mitigation as set out in the annex to the Minutes, as set out in the Minute book (and any amendments deemed necessary)

Conditions

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 reference SLP1, 03, 05, received 04/06/2021 revised plans reference 01 Rev A, 02 Rev A, 03 Rev A, 04, 06 rev B, 07 Rev A, 08 Rev A, 09, 10, 11 Rev A, 12 Rev A, 14, 15 received 09/09/2022 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 take place until the applicant (or their agents or successors in title) has submitted to and had approved in writing by the local planning authority a programme of archaeological work consisting of a written scheme of investigation and a timetable for that work.  The development shall thereafter proceed in accordance with the approved written scheme of investigation and timetable.  

Reason: To secure the provision of archaeological investigation and the subsequent recording of the remains, to comply with Government advice in the National Planning Policy Framework (NPPF) (Section 16). This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme. 

4.         Following the approval of the Written Scheme of Investigation referred to in condition 3, and prior to the commencement of the development (other than in accordance with the agreed Written Scheme of Investigation), a staged programme of archaeological mitigation shall be carried out by the commissioned archaeological organisation in accordance with the approved Written  ...  view the full minutes text for item 78.

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

The Committee considered application 23/00018/F for perimeter lighting around the running track for the Whitelands sports farm site at Whitelands Farm Sports Ground, Whitelands Way, Bicester, OX26 1AJ for Bicester Town Council.

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

Resolved

(1)      That, in line with the officer’s recommendation, application 23/00018/F be approved and authority be delegated to the Assistant Director for Planning and Development to grant permission, subject to no new material planning considerations being raised before the expiry of the consultation period and 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

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: 

Site Location and Block Plan 

Proposed finished levels and drainage layouts (ref: DE1101824001)

Zeta Rapid Mount Solar Nano lighting 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.

2.         Prior to the erection, installation, fixing, placement and/or operation of any external lighting on the site (including on the building itself), details of such external lighting shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include the equipment and supporting structures, positions, sizes, heights, type, luminance/light intensity, direction and cowling of all external lights and other parts of the application site and the hours at which such lighting is to be operated. This scheme shall ensure that light trespass into the windows of any light sensitive premises shall be appropriately mitigated in accordance with the Institution of Lighting Professionals Guidance Notes for the Reduction of Obtrusive Light GN01/20).   

Reason – To ensure the proposed lighting columns do not impact on the amenity of residents in nearby properties in accordance with Policy ESD15 of the Cherwell Local Plan 2011-2031, saved policy ENV1 of the Cherwell Local Plan 1996 and the aims and objectives of 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.