Agenda, decisions and draft minutes

10. Borough House Marlborough Road Banbury OX16 5TH.

Councillor Chris Aramini-Brant, Other Registerable Interest, as a member of Banbury Town Council which had been consulted on the application.

Councillor Ian Harwood, Other Registerable Interest, advised that he believed Banbury Charities owned the building and as a trustee of Banbury Charities would leave the meeting for the duration of the item.

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.

11. Borough House Marlborough Road Banbury OX16 5TH.

Councillor Chris Aramini-Brant, Other Registerable Interest, as a member of Banbury Town Council which had been consulted on the application.

Councillor Ian Harwood, Other Registerable Interest, advised that he believed Banbury Charities owned the building and as a trustee of Banbury Charities would leave the meeting for the duration of the item.

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.

12. 39 Sheep Street, Bicester, OX26 6JJ.

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

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

The Chair to report on any requests to address the meeting.

Requests to address the meeting (including the application, whether you will speak in support of or objection to the application, your contact details) should be submitted to democracy@cherwell-dc.gov.uk  

The deadline for requests to address this meeting is noon on Wednesday 1 July 2026.

Addresses can be made virtually or in person. Full details of public participation at Planning Committee meeting is available in the Constitution, Planning Committee Procedure Rules.

The Chair 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 4 June 2026.

The Minutes of the meeting held on 4 June 2026 were agreed as a correct record and signed by the Chair.

To receive communications from the Chair.

1.         The Chair reminded members of the public that only registered speakers were entitled to speak at the committee meeting and would be invited to speak by the Chair at the appropriate time. Members of the public were requested to remain quiet during the meeting and not cause disturbance.

2.         The Chair reminded Members that should they need to leave the room for any reason, that they should be mindful of timing and endeavour to be present for officers’ presentation, public addresses and participate in the debate. Members were advised that voting was ultimately a matter for their own judgment.

The Chair to advise whether they have agreed to any item of urgent business being admitted to the agenda.

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.

**No public speaking permitted on this item as it is not a planning application for determination by Cherwell District Council**

Planning Committee is asked to approve Cherwell District Council’s Relevant Representation comments to submitted Oxfordshire Strategic Rail Freight Interchange Development Consent Order application subject to the approval of any amendments by the Chair of the Planning Committee and the Deputy Leader of the Council in their role as Portfolio Holder for Planning.

Recommendations 

The Planning Committee resolves:

1.1   To approve Cherwell District Council’s Relevant Representation comments to submitted Oxfordshire Strategic Rail Freight Interchange Development Consent Order application subject to the approval of any amendments by the Chair of the Planning Committee and the Deputy Leader of the Council in their role as Portfolio Holder for Planning.

Resolved

(1)      That, subject to any amendments approved by the Chair of the Planning Committee and the Deputy Leader of the Council in their capacity as Portfolio Holder for Planning, Cherwell District Council’s Relevant Representation comments on the Oxfordshire Strategic Rail Freight Interchange Development Consent Order application be approved.

The Committee considered a report of the Head of Development Management which recommended the Committee approve the Council’s relevant representation comments to the Planning Inspectorate in respect of the submitted Oxfordshire Strategic Rail Freight Interchange Development Consent Order application subject to the approval of any amendments by the Chair of the Planning Committee and the Deputy Leader of the Council in their role as Portfolio Holder for Planning.

In introducing the report, the Principal Planning Officer explained that the application fell within the category of being a Nationally Significant Infrastructure Project and would be determined by the Planning Inspectorate. As the development was within the council’s administrative area, Cherwell District Council had been identified as a Host Authority by the Planning Inspectorate.  Oxfordshire County Council had also been notified of the proposal and identified as a Host Authority. The Planning Inspectorate had contacted both councils to seek views on the proposal as part of this phase of the consultation, the relevant representations phase.

The Principal Planning Officer advised that the previous consultation response considered by Planning Committee in November 2025 had been the earlier Stage 2 consultation, with the response prepared and submitted in conjunction with Oxfordshire County Council. This submission however needed to be made by Cherwell District Council only as the submission served two purposes. Firstly it allowed the Council to express its views on the application as originally submitted highlighting areas of interest to the Examining Authority and areas of additional work that may be needed, and secondly, it secured for the Council the status of an Interested Party.

It was proposed by Councillor Webb and seconded by Councillor Conway that, in line with the officer recommendation, subject to any amendments approved by the Chair of the Planning Committee and the Deputy Leader of the Council in their capacity as Portfolio Holder for Planning, Cherwell District Council’s Relevant Representation comments on the Oxfordshire Strategic Rail Freight Interchange Development Consent Order application be submitted.

Resolved

(1)  That, subject to any amendments approved by the Chair of the Planning Committee and the Deputy Leader of the Council in their capacity as Portfolio Holder for Planning, Cherwell District Council’s Relevant Representation comments on the Oxfordshire Strategic Rail Freight Interchange Development Consent Order application be approved.

In line with the officer recommendation, the proposed modification to the Section 106 agreement attached to application 14/02121/OUT be agreed.

The Committee considered applications, 24/03392/M106 AND 25/00366/DOV_5, an application for a Deed of Variation to vary the S106 Legal Agreement entered into in respect of planning permission reference 14/02121/OUT for the modification to Schedule 9 of the signed Section 106 Agreement relating to affordable housing, specifically the various clauses and definitions that require a 30% provision to a reduced level to be agreed under this application at Himley Village North West Bicester, Middleton Stoney Road, Bicester for CALA (Cotswolds Ltd).

Peter Hodgson, on behalf of the applicant, addressed the Committee in support of the application.

It was proposed by Councillor Webb and seconded by Councillor Conway that applications 24/03392/M106 AND 25/00366/DOV_5 be approved, in line with officer recommendation, and the proposed modification be made to the section 106 agreement attached to application 14/02121/OUT with the exact wording to be delegated to the Assistant Director for Planning (and any amendments to the wording as deemed necessary).

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

Resolved

That, in line with the officer recommendation, it be agreed that the following modification be made to the Section 106 agreement attached to application 14/02121/OUT, with the exact wording (and any amendments to the wording as deemed necessary) delegated to the Assistant Director Planning:

• Amendments to Schedule 9 Affordable Housing needed to vary the % of AH from 30% to 10% and subject to review mechanism.

• Addition of a review mechanism to Schedule 9 Affordable Housing at the mid and late stages of the development (triggers to be agreed – initial recommendation of approximately 800 dwellings and 1,200 dwellings) which should:
  • Allow additional AH to be provided if the scheme is more viable AND; Be one way (i.e. if scheme viability is worse a lower % AH is not allowed). 

• To be agreed – whether review to involve a fresh ‘open book’ viability assessment of actual costs and actual sales values compared with the original financial viability assessment OR a formula-based approach based on the original viability assessment.

• To be agreed – Review mechanism to also allow a review of other S106 contributions to see if they are still justified or if they could be reduced/removed to allow additional AH to be delivered. 

Approved in line with officer recommendation, subject to conditions (and any amendments as deemed necessary) and completion of a S106 legal agreement, details to be set out in the minutes.

The Committee considered application 24/01909/F for the change of use of part of building to form 10no apartments (Use Class C3) including the partial demolition and alterations to the rear elevation and associated works – revised scheme of 23/00401/F at Borough House, Marlborough Road, Banbury, OX16 5TH for Fellside Estates.

Tom Mason, on behalf of the applicant, addressed the Committee in support of the application.

It was proposed by Councillor Webb and seconded by Councillor Mawson that application 24/01909/F be approved, in line with the officer recommendation.

In reaching its decision the Committee considered the officer’s report and presentation, the addressof the public speaker and the written updates.

Resolved

(1)          That, in line with the officer recommendation,, authority be delegated to the Assistant Director  Planning to grant permission for application 24/01909/F subject to:

i)             the conditions set out below (and any amendments to those conditions as deemed necessary) and

ii)            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):

a)    Payment of a financial contribution towards off site indoor sports provision in the locality of £5,063.33 towards strategic facilities (index linked)

b)    Payment of a financial contribution towards off site outdoor sports in the locality of £20,170.30 towards strategic facilities (index linked)

c)    Payment of a financial contribution towards off site provision of community hall facilities of £6,924.78 (index linked)

d)    Payment of a financial contribution towards educational infrastructure TBC

e)    Payment of the Council’s monitoring costs TBC.

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 “21020 (D) 201 Revision D”, “21020 (D) 202 Revision D” and “21020 (D) 203 Revision D” and “21020 (D) 204 Revision D” 

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.  

Brick sample 

3.         No development shall commence above slab level unless and until a brick sample panel minimum (1m2 in size) has been constructed on site to match the brickwork on the existing building and showing the mortar to be used in the repointing and has been inspected and approved in writing by the Local Planning Authority. The external walls of the development shall be laid, dressed, coursed, and pointed in strict accordance with the approved stone sample panel and shall be retained as such thereafter.

Reason -  ...  view the full minutes text for item 25.

Approved in line with officer recommendation, subject to conditions (and any amendments as deemed necessary), details to be set out in the minutes.

The Committee considered application 24/01910/LB, a listed building consent application for partial demolition and alterations to the rear elevation and internal alterations, to facilitate the change of use of part of building to form 10no apartments (Use Class C3) - Re-submission of 23/00402/LB at Borough House, Marlborough Road, Banbury, OX16 5TH for Fellside Estates.

Tom Mason, on behalf of the applicant, addressed the Committee in support of the application.

It was proposed by Councillor Webb and seconded by Councillor Mawson that application 24/01910/LB be approved, in line with officer recommendation.

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

Resolved

That, in line with officer recommendation, authority be delegated to the Assistant Director Planning to grant consent for application,24/01910/LB, subject to the conditions set out below (and any amendments to as deemed necessary).

Conditions

Time Limit

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

Reason - To comply with the provisions of Section 18 of the Planning (Listed Buildings and Conservation Areas) 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 consent, the development shall be carried out strictly in accordance with the form and following approved plans “21020 (D) 201 Revision D”, “21020 (D) 202 Revision D” and “21020 (D) 203 Revision D” and “21020 (D) 204 Revision D” 

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.  

Brick sample 

3.         No development shall commence above slab level unless and until a brick sample panel minimum (1m2 in size) has been constructed on site to match the brickwork on the existing building and showing the mortar to be used in the repointing and has been inspected and approved in writing by the Local Planning Authority. The external walls of the development shall be laid, dressed, coursed, and pointed in strict accordance with the approved stone sample panel and shall be retained as such thereafter. 

Reason - To safeguard the significance of heritage assets and to comply with Policy ESD 15 of the Cherwell Local Plan 2011-2031, saved Policy C18 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.  

Detailed schedule of materials for the extension  

4.         No development shall commence above slab level unless and until a detailed schedule of materials for the extensions shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved details. 

Reason - To safeguard the significance of heritage assets and to comply with Policy ESD 15 of the Cherwell Local Plan 2011-2031, saved Policy C18 of the Cherwell Local Plan  ...  view the full minutes text for item 26.

Approved in line with officer recommendation, subject to conditions (and any amendments as deemed necessary), details to be set out in the minutes.

The Committee considered application 26/00228/CDC, for the installation of a marine-ply board for public art murals use on the side of the building and planters either side at 39 Sheep Street, Bicester, OX26 6JJ for Cherwell District Council.

It was proposed by Councillor Biegel and seconded by Councillor Brasha that application 26/00228/CDC be approved, in line with officer recommendation.

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

Resolved

That in line with officer recommendation, authority be delegated to the Assistant Director Planning, to grant permission for application 26/00228/CDC, subject to the conditions set out below (and any amendments to 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 the form and following approved plans: ‘Location Plan’ and 8469.ASP.7.0 Rev A ‘Proposed Elevation/site plan.’

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.