Agenda, decisions and minutes

8. Land North Of 66 And Adjacent Water Eaton Lane Gosford.

Councillor Lesley McLean, Other Registerable Interest, as a member of Kidlington Parish Council which had been consulted on the application.

9. Land West of Oxford Close and North of Corner Farm, Station Road, Kirtlington.

Councillor Jean Conway, Declaration, advised Committee that they had made objections to the Mid-Cherwell Neighbourhood plan process and owned land within Kirtlington however advised she had no conflicts of interest.

Councillor Jean Conway, Other Registerable Interest, as Chair of Kirltington Parish Council which had been consulted on the application.

10. OS Parcel 0622 South of Jersey Cottages and East of Heyford Road, Kirtlington.

Councillor Jean Conway, Other Registerable Interest, as Chair of Kirltington Parish Council which had been consulted on the application.

Councillor Jean Conway, Declaration, advised Committee that they had made objections to the Mid-Cherwell Neighbourhood plan process and owned land within Kirtlington however advised she had no conflicts of interest.

Councillor Simon Holland, Declaration, advised the Committee that a friend owned the property and would leave the meeting for the duration of the item.

11. 1 Elizabeth Rise Banbury OX16 9LZ.

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

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 2 November 2023.

The Minutes of the meeting held on 2 November 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.

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 22/03883/F, for the development of 96 dwellings (50% affordable housing), an extension to Bicester Road Cemetery with associated access (from Bicester Road), open space, landscaping and infrastructure at Land North Of 66 And Adjacent Water Eaton Lane Gosford for Hill Residential Ltd.

Glyn Mutton, on behalf of the applicant, Hill Residential Limited, addressed the Committee in support of the application.

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

Resolved

That, in line with the officer’s recommendation, application 22/03883/F be delegated to the Assistant Director for Planning and Development to approve subject to:

i.         The resolution of the Environment Agency objection to the satisfaction of the Assistant Director;

ii.        The expiry of the consultation period to grant permission;

iii.       The conditions set out below (and any amendments to those conditions as deemed necessary) and;

iv.      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).

a.  Provision of 50% affordable housing on site

b.    On site green space and recreational routes and appropriate maintenance contribution/arrangements including proportionate contributions towards the formal provision provided as part of the southern half of the PR7a allocation.

c.    Payment of a financial contribution towards proportionate highway contributions as set out in Appendix 4 of the Partial Review Local Plan.

d.    Payment of a financial contribution towards Community Hall and Development, Outdoor and indoor sport contributions or facilitating the delivery on the southern half of the PR7a allocation

e.    Payment of a financial contribution towards Healthcare 

f.     Payment of a financial contribution towards Education 

g.    Payment of a financial contribution towards Library Services

h.    Payment of a financial contribution towards Police

i.      Appropriate arrangements for Open Space Management 

j.      Appropriate arrangements for the delivery and transfer of the cemetery extension to Kidlington Parish Council.

k.    Payment of the Council’s monitoring costs of £5,000 plus OCC Monitoring Costs

l.      For completeness - a controlled parking zone (CPZ) or other such controls should not be included in the s106 unless deemed by the Local Planning Authority to meet the legal tests for inclusion in a s106 Agreement

m.  The securing of the requirement for the applicant to submit a scheme to secure a private scheme of resident parking to deter commuter parking within the development to mirror the operation of a CPZ prior to the formal TRO process.

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  ...  view the full minutes text for item 87.

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

The Committee considered application 23/02338/OUT, an outline application for the erection of 15 detached and semi-detached single and two-storey dwellings (including affordable housing) together with means of access - re-submission of 22/03049/OUT for Manorwood Consultancy Ltd at Land West of Oxford Close and North of Corner Farm, Station Road, Kirtlington.

Christine Marsh, on behalf of Kirtlington Parish Council and the Mid-Cherwell Neighbourhood Plan Forum, addressed the Committee in objection to the application.

Jake Collinge, on behalf of the agent for the applicant, JCPC Ltd, addressed the Committee in support of the application.

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

It was proposed by Councillor Wood and seconded by Councillor Reynolds that application, 23/02338/OUT be refused, contrary to the officer’s recommendation, for the reason that the proposal failed to respect the traditional settlement pattern of Kirtlington, extending beyond the village’s built up limits, resulting in an incongruous and inappropriate form of development and was therefore contrary to Policies ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1, Policies C8, C28 and C30 of the Cherwell Local Plan 1996, Policies PD1, PD4 and PD5 of the Mid-Cherwell Neighbourhood Plan 2018-2031 and Government guidance within the National Planning Policy Framework (with the exact wording delegated to officers).

Resolved

That application 23/02338/OUT be refused, contrary to the officer’s recommendation, for the following reasons:

1.         By virtue of the siting and form, the proposal fails to respect the traditional settlement pattern of Kirtlington, extending beyond the village’s built up limits, resulting in an incongruous and inappropriate form of development which would relate poorly to the remainder of the settlement. The proposal therefore runs contrary to Policies ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1, Policies C8, C28 and C30 of the Cherwell Local Plan 1996, Policies PD1, PD4 and PD5 of the Mid-Cherwell Neighbourhood Plan 2018-2031 and Government guidance within the National Planning Policy Framework.

2.         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 workers and contrary to Policy INF1 of the Cherwell Local Plan 2011-2031 Part 1, CDC’s Planning Obligations SPD 2018 and Government guidance within the National Planning Policy Framework.

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

The Committee considered application 23/02471/F, for the erection of 14 two storey dwellings and upgrading of existing access onto the Heyford Road, together with garaging and parking, footpath link, the removal and re-instatement of a section of existing wall and its repair along the Heyford Road frontage, and landscaping and all enabling development at OS Parcel 0622 South of Jersey Cottages and East of Heyford Road, Kirtlington for Abbeymill Homes.

Pete Shaw, local resident, addressed the Committee in objection to the application.

Tim Northey, on behalf of the applicant, Abbeymill Homes, and Briony Enser, Vice-Chair of Kirtlington Parish Council, addressed the Committee in support of the application.

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

Resolved

That, in line with the officer’s recommendation, application 23/02471/F be refused for the following reasons:

1.         By virtue of its siting, scale, size, layout and form the proposal fails to respect the traditional settlement pattern of Kirtlington, extending beyond its built up limits to the east into countryside and into Kirtlington Park, resulting in an incongruous, contrived and inappropriate form of cul-de-sac development which would relate poorly to the remainder of the village, and cause demonstrable harm to the rural character and setting of the village and visual amenities of the area. Therefore, the proposal is contrary to Policies PSD1, ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policies C8, C28 and C30 of the Cherwell Local Plan 1996, Policies PD1, PD4, PD5 and PD6 of the Mid-Cherwell Neighbourhood Plan 2018-2031, Government guidance contained within the National Planning Policy Framework and the National Design Guide.

2.         The proposed development would, by reason of its location, scale, layout and form, cause considerable harm to the character and significance of the heritage assets of Kirtlington Conservation Area and the Grade II Registered Park and Garden at Kirtlington Park, and would cause unacceptable harm to the settings of nearby listed buildings, in particular Grade II Home Farm, Grade II 3-4 Foxtownsend Cottages and the wider setting of Grade I Kirtlington Park house. Therefore, the proposal is contrary to Policies PSD1, ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1, Policy PD1 of the Mid-Cherwell Neighbourhood Plan 2018-2031 and Government advice within the National Planning Policy Framework.

3.         The proposed development would fail to achieve a satisfactory standard of development on highway grounds due to the inability to achieve a satisfactory visibility splay to the north and the inability of a refuse collection vehicle to achieve satisfactory tracking within the site. In addition, in the absence of the failure to submit a Stage 1 Road Safety Audit, these three concerns would result in the potential for highway safety to be compromised. The development therefore conflicts with Policies PSD1, ESD15 and SLE4 of the Cherwell Local Plan 2011-2031 Part 1, Policy PD1 of the Mid-Cherwell Neighbourhood Plan 2018-2031 and Government guidance contained within the National Planning Policy Framework.

4.         The proposed  ...  view the full minutes text for item 89.

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

The Committee considered application 23/02821/F for single and two storey front extensions, first floor side extension and single and two storey rear extensions, removal of chimney on south-west elevation (revised scheme of 22/03323/F, 23/01059/F and 23/01952/F) at 1 Elizabeth Rise, Banbury, OX16 9LZ for Mr G Ashraf.

Councillor Kieron Mallon addressed the Committee as Local Ward Member.

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

It was proposed by Councillor Webb and seconded by Councillor Harwood that application 23/02821/F be refused, against the officers’ recommendation, due to flooding risk, overdevelopment of the site and excessive parking and was therefore contrary to Policy DSD15 of the Cherwell Local Plan 2011-2031 (with the exact wording delegated to officers).

Resolved

That application 23/02821/F be refused, contrary to the officer’s recommendation, for the following reason:

1.         By reason of its scale, design and siting, the proposal would result in overdevelopment of the site and would therefore adversely affect the character and appearance of the area. The proposal would therefore be contrary to 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.

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 Policy 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

1.1       To note the report

Resolved

(1)      That the Council’s performance in determining planning applications for the Government’s targets on Speed and Quality, as well as general performance figures 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 Council’s performance in determining planning applications for the Government’s targets on Speed and Quality, as well as general performance figures be noted.