Agenda, decisions and minutes

8. OS Parcel 4347 East Of Pipal Cottage, Oxford Road, Kidlington.

Councillor Lesley McLean, Other Registerable Interest, as Leader of Kidlington Parish Council.

10. Land West of Church Ley Field Adjacent to Blackthorn Road, Ambrosden.

Councillor Les Sibley, Other Registerable Interest, as a member of Bicester Town Council which had been consulted on the application.

13. Gosford Hill School, Oxford Road, Kidlington, OX5 2NT.

Councillor Lesley McLean, Other Registerable Interest, as Leader of Kidlington Parish Council.

14. 242 Broughton Road, Banbury, OX16 9QL.

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

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

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

Councillor Ian Harwood, 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.

15. Cherwell District Council, Lock29, Castle Quay, Banbury, OX16 5UN.

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

Councillor Chris Brant, Other Registerable Interest, as a member of the Executive and would leave the meeting for the duration of the item.

Councillor David Hingley, Other Registerable Interest, as a member of the Executive and would leave the meeting for the duration of the item.

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

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

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

Councillor Jean Conway, Other Registerable Interest, as a member of the Executive and would leave the meeting for the duration of the item.

Councillor Lesley McLean, Other Registerable Interest, as a member of the Executive and would leave the meeting for the duration of the item.

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

Councillor Rob Parkinson, Other Registerable Interest, as a member of the Executive and would leave the meeting for the duration of the item.

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 correct records the Minutes of the meetings of the Committee held on 21 March 2024 and 22 May 2024.

Subject to the correction under the resolution on Minute 121 from “That, contract to” to “That, contrary to”, the Minutes of the meeting held on 21 March 2024 were agreed as a correct record and signed by the Chairman. The Minutes of the meeting held on 22 May 2024 were agreed as a correct record and signed by the Chairman.

To receive communications from the Chairman.

The Chairman made the following announcements:

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.

2.     Advised the committee that they may be addressed as Chair or Chairman by committee members.

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.

The Chairman advised that items 11 and 12 would be moved the next items for consideration as he had been advised that the items may be proposed for deferral to allow a site visit by the committee.

Deferred for one planning cycle to allow time for a site visit by the Committee.

The Committee considered application 22/01682/F for the development of a ground mounted solar farm incorporating the installation of solar PV panels, associated infrastructure and access, as well as landscape planting and designated ecological enhancement areas at Land North of Manor Farm, Noke for Oxford New Energy.

It was proposed by Councillor Watkins and seconded by Councillor Dr Creed that consideration of application 22/01682/F be deferred for one planning cycle to allow for site visit before the application is considered by the Committee.

Resolved

That consideration of applciation 22/01682/F be deferred for one planing cycle to allow for a site visit.

Deferred for one planning cycle to allow time for a site visit by the Committee.

The Committee considered application 22/03873/F for the installation and operation of a renewable energy generating station comprising ground-mounted photovoltaic solar arrays and battery-based electricity storage containers together with a switchgear container, inverter/transformer units, Site access, internal access tracks, security measures, access gates, other ancillary infrastructure and landscaping and biodiversity enhancements at Land North and Adjacent to Mill Lane, Stratton Audley for JBM Solar Projects 8.

It was proposed by Councillor Watkins and seconded by Councillor Biegel that consideration of application 22/03873/F be deferred for one planning cycle to allow for site visit before the application is considered by the Committee.

Resolved

That consideration of application 22/03873/F be deferred for one planning to allow for a site visit.

Approved, in line with the officer recommendation, subject to conditions, S106 legal agreement and resolution of objection by the Environment Agency, details to be set out in the minutes.

The Committee considered application 23/01233/OUT, an outline application (with all matters except access reserved for future consideration) for the demolition of existing buildings and the erection of up to 800 dwellings (Class C3); a two form entry primary school; a local centre (comprising convenience retailing (not less than 350sqm and up to 500sqm (Class E(a))), business uses (Class E(g)(i)) and/or financial and professional uses (Class E(c)) up to 500sqm, café or restaurant use (Class E(b)) up to 200sqm; community building (Class E and F2); car and cycle parking); associated play areas, allotments, public open green space and landscaping; new vehicular, pedestrian and cycle access points; internal roads, paths and communal parking infrastructure; associated works, infrastructure (including Sustainable Urban Drainage, services and utilities) and ancillary development. Works to the Oxford Road in the vicinity of the site to include, pedestrian and cycle infrastructure, drainage, bus stops, landscaping and ancillary development at OS Parcel 4347 East Of Pipal Cottage Oxford Road Kidlington for Bellway Homes Limited and Christ Church, Oxford

Councillor Ian Middleton addressed the Committee as Local Ward Member.

Dr Katherine Kaye, on behalf of Wolvercote Neighbourhood Forum, addressed the Committee in objection to the application.

Rob Linnell, on behalf of the agent for the applicant, Savills, 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

(1)      That, in line with the officer’s recommendation, application 23/01233/OUT be delegated to the Assistant Director for Planning and Development to approve subject to:

1.    subject to the conditions set out below (and any amendments to those conditions as deemed necessary)

2.    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, necessary mitigation as set out in the annex to the Minutes, as set out in the Minute book (and any amendments deemed necessary including the requirement to introduce Controlled Parking Zones within the site as requested by OCC Transport).

3.    The revised comments of Natural England which are still awaited.

4.    The resolution of objection by the Environment Agency

Conditions

Time Limit

1.         Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of six years from the date of this permission and the development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

Reason - To comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004 and Article 5(1) of the Town and Country Planning (Development Management Procedure (England) Order 2015 (as amended).

2.         Details of the layout, scale, appearance, access  ...  view the full minutes text for item 11.

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

The Committee considered application 23/01144/OUT, an outline planning application, together with associated access off Bloxham Road (all other matters reserved), for up to 90 homes (use class C3) together with associated infrastructure and open space, landscaping, including provision of land for new village hall (use class F2(b)) and retail space (use class E) at Land South of Bloxham Road Bloxham Road Milcombe for Neptune Land Promotion Ltd.

Councillor Myra Peters, on behalf of Milcombe Parish Council, addressed the Committee in objection to the application.

Arron Twamley, on behalf of the agent to the application, Arc Planning Associates, 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

That, in line with the officer’s recommendation, application 23/01144/OUT be refused for the following reasons:

1.         The proposals would result in a disproportionate development when considered against the scale of the existing village and the cumulative impact of growth already carried out in village within the plan period and available facilities within the village and would be predominantly reliant on the private car to carry out day-to-day activity and the application site is not well located to existing services and facilities. The proposals would cause significant adverse landscape impacts to the settlement character which could not be avoided or mitigated by the proposed development, by further development within the open countryside, resulting in further urbanisation of the village. The proposals would be harmful development to the village of Milcombe and the wider aims of Policies Villages 1 and Villages 2 and result in unsustainable growth that would not be capable of mitigation. The proposals 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 and C30 of the Cherwell Local Plan 1996 and the aims and objectives of 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/services 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 Planning Obligations SPD 2018 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 23/03071/F, an outline application for erection of up to 55 new dwellings, including affordable homes; formation of new pedestrian access; formation of new vehicular access from Blackthorn Road; landscaping; and associated works (resubmission of 22/02455/OUT) at Land West of Church Ley Field Adjacent to Blackthorn Road, Ambrosden for L&Q Estates.

Dawn Seaward, Chair of Ambrosden Parish Council, addressed the Committee in objection to the application.

Stuart Field, on behalf of the applicant, L&Q Estates, addressed the Committee in support of the application.

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

Resolved

That, in line with the officer’s recommendation, application 23/03071/F be delegated to the Assistant Director for Planning and Development to grant permission, subject to:

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

(2)      The completion of a planning obligation under section 106 of the Town and Country Planning Act, as substituted by the Planning and Compensation Act 1991, to secure the following and attached appendix to the minute book (and any amendments as deemed necessary):

Cherwell District Council (all contributions to be index linked)

a)    Provision of 35% affordable housing on site

b)    Payment of a financial contribution towards off site sports and recreation provision in the locality of £2,017.03 per dwelling towards outdoor sport provision, plus £335.32 per occupier of each dwelling (based on an average occupancy rate of 2.4 persons per dwelling) towards indoor sport provision

c)    Payment of a financial contribution towards enhancements at Blackthorn Village Hall based on the requirements to provide 0.185m2 of community space per occupier of the dwellings at a cost of £2,482 per m2 (based on an average occupancy rate of 2.4 persons per dwelling)

d)    Payment of a financial contribution of £12,320.00 towards the provision of public art and its management and maintenance

e)    Payment of a financial contribution towards the provision of refuse/recycling bins for the development of £106 per dwelling

f)     Provision of a commuted sum for the maintenance of open space (including informal open space, mature trees, hedgerows, woodland, SuDS etc) or details of long term management provision in accordance with Policy SBC11 of the CLP

g)    Provision of a Local Equipped Area of Play and commuted sum for maintenance or details of other management provisions

h)    Provision of a Habitat Management and Monitoring Plan and long term management arrangements (including funding) for the land proposed for biodiversity enhancement identified in the blue line

i)     Payment of the Council’s monitoring costs

Oxfordshire County Council (all contributions to be index linked)

a)    Payment of a financial contribution towards the continuation of bus services is Ambrosden of £62,315

b)    Payment of a financial contribution towards the provision of a bus shelter at either the northbound or southbound stop at Ploughley Road of £15,347 (unless otherwise secured under a S278 or S38 agreement)

c)    Payment of a financial contribution towards improvements to  ...  view the full minutes text for item 13.

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

The Committee considered application 24/00070/F for the construction of a new replacement school with associated landscaping, car parking, and the re-instatement of access from Bicester Road, and the demolition of existing buildings at Gosford Hill School, Oxford Road, Kidlington, OX5 2NT for 24/00070/F.

Councillor Ian Middleton addressed the Committee as Local Ward Member.

Nigel Sellars, Headteacher at Gosford Hill School, addressed the Committee in support of the application.

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

Resolved

That, in line with the officer’s recommendation, application 24/00070/F be approved subject to the conditions set out below (and any amendments to those conditions as 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 following plans and documents:

Drawing numbers:

SRP1114-ALA-ZZ-ZZ-D-L-9001 Rev P03 (Site Location Plan)

SRP1114-ALA-ZZ-ZZ-D-L-9002 Rev P03 (Illustrative Masterplan)

SRP1114-STL-01-00-D-A-0100 Rev P05 (Proposed Ground Floor Plan)

SRP1114-STL-01-01-D-A-0101 Rev P05 (First Floor Plan)

SRP1114-STL-01-02-D-A-0102 Rev P05 (Proposed Second Floor Plan)

SRP1114-STL-01-R1-D-A-0103 Rev P03 (Proposed Roof Plan)

SRP1114-STL-01-ZZ-D-A-0210 Rev P03 (Proposed North and East Elevations)

SRP1114-STL-01-ZZ-D-A-0211 Rev P03 (Proposed South and West Elevations)

SRP1114-STL-ZZ-ZZ-D-A-0320 Rev P02 (Proposed Site Sections)

SRP1114-STL-01-ZZ-D-A-0310 Rev P02 (Proposed Building Sections)

SRP1114-STL-01-ZZ-D-A-0311 Rev P02 (Proposed Building Sections 2)

SRP1114-ALA-ZZ-ZZ-D-L-9019 Rev P02 (Site Section 1 of 3)

SRP1114-ALA-ZZ-ZZ-D-L-9020 Rev P02 (Site Section 2 of 3)

SRP1114-ALA-ZZ-ZZ-D-L-9021 Rev P02 (Site Section 3 of 3)

SRP1114-STL-01-ZZ-D-A-0501 Rev P02 (Site Solar Study – Autumn Equinox)

SRP1114-STL-01-ZZ-D-A-0500 Rev P02 (Site Solar Study – Summer Solstice)

SRP1114-STL-01-ZZ-D-A-0502 Rev P02 (Site Solar Study – Winter Solstice)

SRP1114-STL-01-ZZ-D-A-0503 Rev P02 (Site Solar Study – Spring Solstice)

SRP1114-STL-01-ZZ-I-A-0600 Rev P02 (Proposed External Views – Entrance)

SRP1114-STL-01-ZZ-I-A-0602 Rev P02 (Proposed External Views – Aerial Views)

SRP1114-STL-01-ZZ-I-A-0601 Rev P02 (Proposed External Views – External Courtyard)

SRP1114-STL-01-ZZ-I-A-0603 Rev P02 (Proposed Internal Views – Internal Views (1 of 2))

SRP1114-STL-01-ZZ-I-A-0604 Rev P02 (Proposed Internal Views – Internal Views (2 of 2))

SRP1114-BNK-00-00-D-X-4000 Rev 00 (Logistics Plan)

SRP1114-BNK-00-00-D-X-4001 Rev 00 (Logistics Plan – Phase 1)

SRP1114-ALA-ZZ-ZZ-D-L-9006 Rev P02 (Access and Circulation)

SRP1114-ALA-ZZ-ZZ-D-L-9010 Rev P03 (Detailed Landscape General Arrangement 1 of 5)

SRP1114-ALA-ZZ-ZZ-D-L-9011 Rev P03 (Detailed Landscape General Arrangement 2 of 5)

SRP1114-ALA-ZZ-ZZ-D-L-9012 Rev P03 (Detailed Landscape General Arrangement 3 of 5)

SRP1114-ALA-ZZ-ZZ-D-L-9013 Rev P03 (Detailed Landscape General Arrangement 4 of 5)

SRP1114-ALA-ZZ-ZZ-D-L-9014 Rev P03 (Detailed Landscape General Arrangement 5 of 5)

SRP1114-ALA-ZZ-ZZ-D-L-9027 Rev P03 (Tree Retention and Removal Plan 1 of 2)

SRP1114-ALA-ZZ-ZZ-D-L-9018 Rev P03 (Tree Retention and Removal Plan 2 of 2)

SRP1114-BNK-00-00-D-X-4002 (Logistics Plan – Phase 2)

SRP1114-BNK-00-00-D-X-4003 (Logistics Plan – Phase 3)

SRP1114-ALA-ZZ-ZZ-D-L-9009 Rev P02 (Urban Greening Factors)

SRP1114-ALA-ZZ-ZZ-D-L-9008 Rev P02 (BB103 Areas)

SRP1114-ALA-ZZ-ZZ-D-L-9029 Rev P02 (Tree  ...  view the full minutes text for item 14.

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

The Committee considered application 24/00246/F for the erection of a single storey rear extension, to provide all necessary adaptations relating to works required at the above property, providing a ground floor bathroom (LAS) and a kitchen to be safe and usable for disabled occupant at 242 Broughton Road Banbury OX16 9QL for Mrs Yasmin Kousar.

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

Resolved

That, in line with the officer’s recommendation, application 24/00246/F be approved 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 drawings numbered 22-Ca-010778-P01 and 22-Ca-010778-P03.

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 character and appearance of the area and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031, saved Policies C28 and C30 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

Arboriculture

3.    No development shall take place below ground level unless an appropriately qualified arborist is present and all works in the vicinity of the root zones to the adjacent Oak tree must be carried out in accordance with the advice of a suitably qualified arborist. Subsequently, that is, in relation to all development above ground level, suitably qualified arborists shall (i) monitor the development at regular intervals and (ii) submit monitoring reports to the local planning authority, the frequency of which (in the case of both (i) and (ii)) shall be agreed in writing by the local planning authority before development commences.

Note to applicant: The development below ground level to which this condition refers includes any excavation work particularly the digging and cement foundation setting.

Reason – To ensure the protection of the trees and their root systems and to ensure that they are not adversely affected by the construction works, in the interests of the visual amenity of the area 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. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

4.    The block paving to be used under the tree canopy must be of a porous material and shall be retained as such thereafter.

Reason – To ensure  ...  view the full minutes text for item 15.

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

The Committee considered application 24/00600/CDC for new/enlarged shop front windows at Cherwell District Council Lock 29 Castle Quay Banbury OX16 5UN for Cherwell District Council.

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

Resolved

That application 24/00600/CDC be approved subject to the conditions listed below (and any amendments 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 application form and the following plans and documents: Drawing No. 7165-GBS-XX-XX-DR-A101-P02, 7165-GBS-XX-XX-DR-A-101-P03 and 7165-GBS-XX-XX-DR-A-103- 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 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.

(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.