Agenda, decisions and minutes

8. Development Brief for Local Plan Partial Review Site PR9 - Land West of the A44.

Councillor Dorothy Walker, Non Statutory Interest, as she had opposed to the application and would address the committee as local Ward Councillor and not participate in the debate or vote on the application as a Planning Committee member

14. 35 Bridge Street, Banbury, OX16 5PN.

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

Councillor Colin Clarke, Non Statutory Interest, as a member of the Executive and would leave the meeting for the duration of the item.

Councillor Lynn Pratt, Non Statutory Interest, as a member of the Executive and would leave the meeting for the duration of the item.

Councillor Richard Mould, Non Statutory 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.

Currently Council meetings are taking place in person (not virtually) with social distancing measures at the meeting. Members of the public who wish to address the meeting can do so ‘virtually’ and are strongly encouraged to do so to minimise the risk of COVID-19 infection. Any person requesting to address the meeting will be advised of the arrangements for speaking, which are in addition to the usual public speaking rules for Planning Committee.   

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 4 November 2021.

The Minutes of the meeting held on 4 November 2021 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 (to be published with the written update, if any).

There were no proposed pre-committee site visits.

Report of Assistant Director - Planning and Development

Purpose of report

To seek the Planning Committee’s approval of the Development Brief for Local Plan Part 1 Review allocated site PR9 – Land West of the A44.

Recommendations

The meeting is recommended:

1.1         To approve the Development Brief for site PR9 (Land West of the A44) of the Cherwell Local Plan 2011-2031 Partial Review, presented at Appendix 1 to this report.

1.2         To authorise the Assistant Director - Planning and Development to publish the Development Brief subject to any necessary presentational or other minor corrections in consultation with the Chairman.

Resolved

(1)          That the Development Brief for site PR9 (Land West of the A44) of the Cherwell Local Plan 2011-2031 Partial Review (Annex to the Minutes as set out in the Minute Book) be approved.

(2)          That the Assistant Director - Planning and Development be authorised to publish the Development Brief subject to any necessary presentational or other minor corrections in consultation with the Chairman.

The Committee considered a report from the Assistant Director, Planning and Development for a Development Brief for the Local Plan Partial Review Site PR9 – Land West of the A44 to seek the Planning Committee’s approval of the Development Brief for Local Plan Part 1 Review allocated site PR9 – Land West of the A44.

David Thornhill, Yarnton Flood Defence, addressed the committee in objection to the development brief.

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

Resolved

(1)            That the Development Brief for site PR9 (Land West of the A44) of the Cherwell Local Plan 2011-2031 Partial Review (Annex to the Minutes as set out in the Minute Book) be approved.

(2)      That the Assistant Director - Planning and Development, in consultation with the  Chairman of Planning Committee, be authorised  to publish the Development Brief subject to any necessary presentational or other minor corrections.

Report of Assistant Director - Planning and Development

Purpose of report

To seek the Planning Committee’s approval of the Development Brief for Local Plan Part 1 Review allocated site PR7b – Land at Stratfield Farm.

Recommendations

The meeting is recommended:

1.1         To approve the Development Brief for site PR7b (Land at Stratfield Farm) of the Cherwell Local Plan 2011-2031 Partial Review, presented at Appendix 1 to this report.

1.2         To authorise the Assistant Director - Planning and Development to publish the Development Brief subject to any necessary presentational or other minor corrections in consultation with the Chairman.

Resolved

(1)          That the Development Brief for site PR7b (Land at Stratfield Farm) of the Cherwell Local Plan 2011-2031 Partial Review (Annex to the Minutes as set out in the Minute Book) be approved.  

(2)          That the Assistant Director - Planning and Development be authorised to publish the Development Brief subject to any necessary presentational or other minor corrections in consultation with the Chairman.

The Committee considered a report from the Assistant Director - Planning and Development for the Development Brief for Local Plan Partial Review site PR7b – Land at Stratfield Farm to seek the Planning Committee’s approval of the Development Brief for Local Plan Part 1 Review allocated site PR7b – Land at Stratfield Farm.

Councillor Ian Middleton, Local Ward member, addressed the committee in objection to the Development Brief.

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

Resolved

(1)            That the Development Brief for site PR7b (Land at Stratfield Farm) of the Cherwell Local Plan 2011-2031 Partial Review (Annex to the Minutes as set out in the Minute Book) be approved. 

(2)            That the Assistant Director - Planning and Development in consultation with the Chairman of Planning Committee be authorised to  publish the Development Brief subject to any necessary presentational or other minor corrections.

Deferred to allow engagement with the applicant into highway issues and the scale of the proposals. The indicative time period before the application is expected to be returned to the committee is 3 months.

The Committee considered application 21/01123/F for the demolition of existing buildings. Construction of replacement business units (buildings 2, 3, 4,5 and 6 as use classes E(g) (i), E(g) ii and E (g) iii and Building 1 under Class B8) and associated external works. at Hatch End Old Poultry Farm Steeple Aston Road Middle Aston Bicester OX25 5QL for Middle Aston Limited. This application was a re-submission of application 20/01127/F

Edward Dowler, Chair of Middle Aston Parish Meeting addressed the committee in objection to the application.

It was proposed by Councillor Kerford-Byrnes and seconded by Councillor Holland that item 21/01123/F be refused based on highways grounds.

On being put to the vote the proposal was lost and the motion subsequently fell.

It was proposed by Councillor Colin Clarke and seconded by Councillor Woodcock that item 21/01123/F be approved as per the officer’s recommendation.

On being put to the vote the proposal was lost and the motion subsequently fell.

It was proposed by Councillor Kerford-Byrnes and seconded by Councillor Billington that application 21/01123/F be deferred to allow engagement with the applicant into highway issues and the scale of the proposals. The indicative time period before the application was expected to be returned to the committee was 3 months.

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

Resolved

(1)                That application 21/01123/F be deferred to allow engagement with the applicant into highway issues and the scale of the proposals. The indicative time period before the application is expected to be returned to the committee is 3 months.

Application withdrawn by the applicant

The Chairman advised that the application had been withdrawn by the applicant.

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

The Committee considered application 21/02472/F for the erection of a two-bedroom bungalow to the rear of the existing public house (Sui Generis), utilising existing access and associated parking and landscaping, and the small breakthrough in the boundary wall to facilitate a pedestrian entrance. (resubmission of 21/01022/F) at The Ben Jonson Inn, Northampton Road, Weston on the Green, OX25 3RA for Punch Partnerships (PML) Limited.

Susan Daenke, on behalf of Weston on the Green Parish Council addressed the committee in objection to the application. The address also covered the subsequent application 21/02473/LB.

Jake Russell, agent for the applicant addressed the Committee in support of the application. The address also covered the subsequent application 21/02473/LB.

It was proposed by Councillor Holland and seconded by  Councillor Hughes  that application  21/02472/F   be refused  on the grounds of  the proposal was an  inappropriate and incongruous form of development that would fail to be sympathetic or compatible with the character of the dwelling. The design and siting of the proposed new dwelling would fail to relate appropriately to the Grade II listed Ben Jonson Public House. The access arrangements for the new dwelling proposed would require access and egress for the parking to serve the dwelling to be taken from the existing Public House car park and that the proposal to develop part of the pub garden would detrimentally impact upon the offering of the Public House. 

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

Resolved

(1)            That application 21/02472/F be refused, contrary to officer recommendation for the following reasons:

1.               The proposed new dwelling by virtue of its utilitarian design would result in an inappropriate and incongruous form of development that would fail to be sympathetic or compatible with the character and fail to reinforce the local distinctiveness of the surrounding area which sits within the designated Weston-on-the-Green Conservation Area. The proposal would thus be contrary to Policies C4 and H4 of the Weston on the Green Neighbourhood Plan, saved Policies C28 and C30 of the Cherwell Local Plan 1996, Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, and Government guidance contained within the National Planning Policy Framework.

2.               The design and siting of the proposed new dwelling would fail to relate appropriately to the Grade II listed Ben Jonson Public House. It would remove space that provides an important element of its historic and still well-defined curtilage impacting on the setting of the Listed Building, together with the loss of the trees and a proportion of the boundary wall that would cause harm to the character and appearance of the Weston-on-the Green Conservation Area. The less than substantial harm identified would not be outweighed by any public benefits of the scheme. The proposal is therefore contrary to the provisions and aims of Policies C4 and H4 of the Weston on the Green Neighbourhood Plan, saved Policies C23, C28, C30 and C33 of the Cherwell Local Plan 1996,  ...  view the full minutes text for item 107.

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

The Committee considered application 21/02473/LB, listed building consent, for the breakthrough in boundary wall to facilitate a pedestrian entrance (resubmission of 21/01023/LB) at The Ben Jonson Inn, Northampton Road, Weston on the Green, OX25 3RA for Punch Partnerships (PML) Limited.

Susan Daenke, on behalf of Weston on the Green Parish Council addressed the committee in objection to the application. The address also covered the previous application 21/02472/F.

Jake Russell, agent for the applicant addressed the Committee in support to the application. The address also covered the previous application 21/02472/F.

It was proposed by Councillor Holland and seconded by Councillor Mould that application 21/02473/LB be refused as the proposed demolition of a section of the curtilage listed wall would adversely impact the established continuous boundary line resulting in less than substantial harm. 

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

Resolved

(1)            That application 21/02473/LB be refused, contrary to officer recommendation for the following reason:

1.               The proposed demolition of a section of the curtilage listed wall would adversely impact the established continuous boundary line resulting in less than substantial harm. The public benefits of the proposal do not outweigh the identified harm. The scheme is therefore contrary to the provisions and aims of Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C18 of the Cherwell Local Plan 1996, Policy C4 of the Weston on the Green Neighbourhood Plan, and Government guidance contained within the National Planning Policy Framework.

Approval to issue a certificate confirm the lawfulness of the specified works subject to the schedules to be set out in the minutes.

The Committee considered application 21/03059/CLUP for a Certificate of Lawfulness of Proposed Development for an internal fit out to the ground and first floor of an existing unit, within Castle Quay Shopping Centre at 35 Bridge Street, Banbury, OX16 5PN for Cherwell District Council.

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

Resolved

(1)            That a Certificate of Lawfulness of the Specified Works be issued subject to the following schedules:

First Schedule

Change of Use from E(a) to E(cii) and internal refit of the unit (35 Bridge Street) within Castle Quay Shopping Centre in accordance with: Drawing No. 7002.100, 7002.102 and Application Form

Second Schedule

35 Bridge Street Banbury OX16 5PN

Third Schedule

Under the provisions of Article 3(1A) of the Town and Country Planning (Use Classes) Order 1987 (as amended), the proposed change of use from retail to professional services does not require planning permission and the associated internal refit does not constitute development as defined by Section 55 of the Town and Country Planning Act 1990 (as amended).

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 on planning appeals contained within the report be noted.

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 on planning appeals contained within the report be noted.