Agenda, decisions and minutes

10. 60 Castle Quay Banbury OX16 5UW

Councillor Kerry Thornhill, 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.

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

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

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

Councillor Chris Brant, 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 a correct record the Minutes of the meeting of the Committee held on 3 October 2024.

The Minutes of the meeting held on 3 October were agreed as a correct record and signed by the Chairman.

To receive communications from the Chairman.

There were no Chairman’s announcements.

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.

(1)      That a site visit be carried out for application 24/00539/F - Land to the East of Stratfield Brake and West of Oxford Parkway Railway Station, Oxford Road, Kidlington.

The Committee considered a proposed site visit to Land to the East of Stratfield Brake and West of Oxford Parkway Railway Station, Oxford Road, Kidlington, for application 24/00539/F, an outline application for the erection of a stadium (Use Class F2) with flexible commercial and community facilities and uses including for conferences, exhibitions, education, and other events, club shop, public restaurant, bar, health and wellbeing facility/clinic, and gym (Use Class E/Sui Generis), hotel (Use Class C1), external concourse/fan-zone, car and cycle parking, access and highway works, utilities, public realm, landscaping and all associated and ancillary works and structures.

Due to the scale and significance of the proposal, officers had requested the Committee consider whether they wished to carry out a formal site visit prior to their consideration of the application.

It was proposed by Councillor Wood and seconded by Councillor Watkins that a site visit take place before application 24/00539/F was considered by the Committee because there was high public interest in the application.

Resolved

(1)          That a formal site visit for application 24/00539/F take place prior to consideration of the application by Planning Committee.

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

The Committee considered application 24/00375/F for the formation of two fishing lakes, two nursery lakes, the siting of 15 accommodation lodges, 8 pods, a management building and ancillary vehicular access, parking, and landscaping at Os Parcels 7685, 6871, 8775, 1582, 3675, 3173, 1865, 0250, 8545, 7331, 1724, And Part 0006 Adjoining Stratford Road A422 Wroxton, for ATE Farms.

John Offord, Chair of Hornton Parish Council and Dr James Hartley a Councillor on Shenington with Alkerton Parish Council, addressed the meeting in objection to the application.

Lance Wiggins, Agent, addressed the meeting in support of the application.

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

Resolved 

That, in line with officers’ recommendation, authority be delegated to the Assistant Director for Planning and Development to refuse planning permission for the reasons set out below (and make minor amendments if required).

1.         The proposal is in a location that is reliant on the private car for access and no specific need for the facility has been identified to meet the requirement of paragraph 89 of the NPPF. Further, there is no identified functional need for the proposal to be located in such an inaccessible rural position. Therefore, the proposal represents an unsustainable form of development in the open countryside that is contrary to policies SLE3 and ESD1 of the Local Plan and paragraphs 88 and 89 of the NPPF.

2.         By virtue of the significant mass of the proposed development, created by it is the engineering work involved, location of structures within the site, it is considered to have an unacceptable urbanising effect on the rural landscape and would appear as an isolated addition to the landscape. The harm is exacerbated by the footpaths running through the site. Taken altogether Officers consider the proposed development would therefore unacceptably harm the rural agricultural character of the area and this would be contrary to policies ESD13 and 15 of the CLP 2015, saved policies C8 and C28 of the CLP 1996 and paragraph 134 of the NPPF.

3.         Insufficient information has been submitted to demonstrate the acceptability of the proposal on highway safety, therefore it is considered to be contrary to Policies SLE4, ESD15 of the CLP 2015 and paragraph 115 of the Framework.

4.         In the absence of any drainage documents, it has not been demonstrated that the proposal would be adequately drained and therefore it is contrary to policies ESD6 and ESD7 of the CLP 2015.

5.         Due to the absence of an appropriate protected species surveys as highlighted within the Preliminary Ecological Appraisal Report by Ramm Sanderson dared October 2023, the impact of the proposals on protected species cannot be assessed. Therefore, the Local Planning Authority cannot be certain that the proposals would not harm any protected species. As such the scheme is contrary Policy ESD10 of the CLP 2031 Part 1, advice contained in the PPG and Natural England’s Standing Advice, and section 15 of the  ...  view the full minutes text for item 78.

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

The Committee considered application 24/02212/F, for the erection of two buildings, forming eighteen apartments, and associated works at Kidlington Garage, 1 Bicester Road, Kidlington, OX5 2LA for Sweetcroft Homes.

Councillor Ian Middleton, local Ward Member, addressed the meeting in objection to the application.

Henry Venners, agent, of JPPC, addressed the meeting in support of the application.

In reaching its decision the Committee considered the officer’s report and presentation, the address of the Ward Member and the written updates.

Resolved

That, in line with officers’ recommendation, authority be delegated 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 an additional condition to ensure that sustainable building methods and material are used: wording to be confirmed in the decision notice, and

2.    In accordance with the heads of terms (annex to the Minutes as set out in the Minute Book), 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 following (and any amendments as deemed necessary)

3.    The amending of the sports contributions as detailed within this written update and

4.    To review, discuss and determine OCC highways bus contribution

a) Off-site outdoor sports facilities provision at Stratfield Brake - £25,111.98

b) Off-site indoor sports facilities provision at Kidlington and Gosford Leisure Centre - £10,019.36

c) Community Hall Facilities (Exeter Hall) - £13,725.46

d) Waste and Recycling Facilities - £1,834

e) Traffic Regulation Order - £6225

f) Public Transport Services (for retention and/or improvement of bus services between Kidlington and the Eastern Arc (Hospitals/Brookes). - £23868

g) Off-site affordable housing contribution (Subject to viability review mechanism)

h) CDC - £1,500 towards monitoring fees

i) OCC - £730.00 towards monitoring fees

It was further resolved that if the section 106 agreement/undertaking was not completed by 12 November 2024 and the permission was not able to be issued by this date and no extension of time had been agreed between the parties, the Assistant Director for Planning and Development be given delegated authority to refuse the application for the following reason:

1.    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 contrary to Policies PR2, PR4a, PR4b, PR5, PR8 and PR12 of the Cherwell Local Plan Partial Review, Policies BSC7, BSC10, BSC11, BSC12, SLE4 and INF1 Cherwell Local Plan 2015 and the aims and objectives of the National Planning Policy Framework.

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  ...  view the full minutes text for item 79.

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

The Committee considered application 24/01980/F for the change of use from Class E to F1 Educational support at 60 Castle Quay Banbury OX16 5UW for Mr Mehdi Mohajeri.

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

Resolved

That, in line with the officer’s recommendation, authority be delegated to the Assistant Director for Planning and Development to grant permission subject to the following conditions.

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 form and following approved plans and documents: site location plan, proposed floor plan, Kumon Planning Statement and information received by email on 30/09/2024 at 15:39hrs from Louise Mohajeri.

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

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.

Following questions from the Committee regarding the difference between a Public Inquiry and Informal Hearing in respect of a planning appeal, the Head of Development Management explained that at a Public Inquiry, Barristers represent the appellant and local planning authority at an Inquiry and expert witnesses are examined and cross examined by both sides. At an Informal Hearing, the parties are not cross examined, rather the discussion is more of a round table discussion between the parties.

Resolved

(1)          That the position statement be accepted.