Agenda, decisions and minutes

8. Hatch End, Old Poultry Farm, Steeple Aston Road, Middle Aston, Bicester, OX25 5QL.

Councillor Hugo Brown, Declaration, as the applicant was known to him and would leave the chamber for the duration of the item.

Councillor Mike Kerford-Byrnes, Declaration, as he has been advising the Parish Council and residents of Steeple Aston on process and procedure.

9. Land Opposite Hanwell Fields Recreation, Adj To Dukes Meadow Drive, Banbury.

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

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

10. OS Parcel 2778, Grange Farm, North West Of Station Cottage, Station Road, Launton.

Councillor Lynn Pratt, Declaration, as a trustee of the hummingbird centre in Launton and would leave the meeting for the duration of the item.

13. 7 Churchill Road, Kidlington, Oxfordshire, OX5 1BN.

Councillor Maurice Billington, Declaration, as he was an acquaintance of a neighbour to the application.

14. 137-153 The Fairway, Banbury, OX16 0QZ.

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

Councillor Barry Richards, 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 10 March 2022.

The Minutes of the meeting held on 10 March 2022 were agreed as a correct record and signed by the Chairman.

To receive communications from the Chairman.

The Chairman made the following announcements:

1.            The Chairman thanked the planning committee members and planning officers for their work during the year.

2.            The Chairman advised that application 11, 21/04271/F, Land South of Faraday House, Woodway Road, Sibford Ferris would be moved to first in the agenda.

3.            The Chairman read out the following statement in relation to the pre-election period.

We are currently in the pre-election period until the close of polls on 5 May 2022. During this time rules are in place to ensure that Council’s do not publish information or take decisions that could appear to affect support for a political party or candidate. Whilst we can progress with matters that are ‘business as usual’, we need ensure that discussion at Council meetings is balanced and accurate.

Councillors on the Committee, and any Councillors addressing this meeting, are reminded that they should limit themselves in their comments only to the planning merits of the specific proposal under consideration. Officers may interject and pause proceedings if they are concerned that any comments are wider than material planning considerations related to the matter under discussion.

In the normal way, officers will also seek to support the Committee by correcting any inaccuracies that become clear within the committee debate”  

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.

Resolved

(1)      That a site visit take place prior to the meeting at which application 21/00922/OUT, Land west of Foxden Way, Great Bourton, OX17 1QY will be considered by the Planning Committee.

It was proposed by Councillor Reynolds and seconded by Councillor Clarke that a site visit take place at Land west of Foxden Way, Great Bourton, OX17 1QY.

Resolved

(1)          That a site visit take place prior to the meeting at which application 21/00922/OUT, Land west of Foxden Way, Great Bourton, OX17 1QY would be considered by the Planning Committee.

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

The Committee considered application 21/04271/F for the erection of 6no single storey age restricted dwellings (55 years) for older people with access, landscaping and associated infrastructure at Land South of Faraday House Woodway Road Sibford Ferris for Blue Cedar Homes Limited.

Councillor Chapman, addressed the committee as Ward member.

Stewart Roussel, Secretary of Sibford Action Group and Simon Rayner, Chairman of Sibford Ferris Parish Council addressed the committee in objection to the application.

Des Dunlop, agent for the applicant, addressed the committee in support of the application.

It was proposed by Councillor Reynolds and seconded by Councillor Patrick Clarke that application 21/04271/F be refused by reason of its siting outside of the built limits of the settlement and by reason of its scale, layout and design, the proposal would be out of keeping with the form and pattern of development in the local area. The proposal was contrary to the officer recommendation.

In reaching its decision the committee considered the officers’ report and presentation, the written updates and address of the ward member and public speakers.

Resolved

(1)          That application 21/04271/F be refused contrary to officer recommendation due to:

1.         By reason of its siting outside of the built limits of the settlement, and having regard to the number of dwellings delivered in the rural areas (770 dwellings completed at 31st March 2021), the proposal represents development in an unsustainable location, remote from key amenities, especially for elderly residents. Notwithstanding the Council’s present lack of a five year housing land supply the proposal conflicts with Policy BSC1 of the Cherwell Local Plan 2011-2031 and saved Policy H18 of the Cherwell Local Plan 1996 and Government guidance in the National Planning Policy Framework. This identified harm significantly and demonstrably outweighs the proposal’s benefits of providing additional housing.

2.         By reason of its scale, layout and design, the proposal would be out of keeping with the form and pattern of development in the local area, resulting in significant and demonstrable harm to the character and appearance of the area. The proposal therefore conflicts with Policy ESD15 of the Cherwell Local Plan 2011-2031, saved Policy C28 of the Cherwell Local Plan 1996, the Cherwell Residential Design Guide, National Design Guide, and Government guidance in the National Planning Policy Framework.

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

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 was a re-submission of application 20/01127/F.

Councillor Kerford-Byrnes proposed that application 21/01123/F be refused as the application was contrary to Policy SLE4 of the Cherwell Local Plan 2011-2031, saved Policy TR7 of the Cherwell Local Plan 1996 and the National Planning Policy Framework 2021. Councillor Reynolds seconded the proposal. The proposal was contrary to the officer recommendation.

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

Resolved

That application 21/01123/F be refused for the following reason:

1.            The proposed development would create additional trips over the existing permitted use of the site. The proposed development would regularly attract large commercial vehicles and large numbers of cars onto the local minor roads which are unsuitable to serve the proposed development, and would have a severe traffic impact. The proposal is therefore contrary to Policy SLE4 of the Cherwell Local Plan 2011-2031, saved Policy TR7 of the Cherwell Local Plan 1996 and the National Planning Policy Framework 2021.

Approved, subject to the completion of a section 106 legal agreement conditions which will be set out in the minutes.

The Committee considered application 21/03426/OUT, an outline planning application for up to 78 dwellings and associated open space with all matters reserved other than access at Land opposite Hanwell Fields Recreation, adjacent to Dukes Meadow Drive, Banbury for Mr P M Donger, Mrs S M Donger and Manor Oak Homes.

Tom Sadler, Local Resident, addressed the committee in objection of the application.

Geoff Armstrong, agent for the applicant, addressed the committee in support to the application.

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

Resolved

That authority be delegated to the Assistant Director for Planning and Development to grant permission, subject to the conditions set out below (and any amendments to those conditions as deemed necessary) and 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)         The statutory determination period for this application expires on 6 May 2022. If the section 106 agreement/undertaking is not completed and the permission is not able to be issued by this date, and no extension of time has been agreed between the parties, it is further recommended that the assistant director for planning and development is given delegated authority to refuse the application for the following reason (and any amendments as deemed necessary):

b)        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 highway mitigation works required as a result of the development and necessary to make the impacts of the development acceptable in planning terms, contrary to Government Guidance contained with the National Planning Policy Framework.

S106 HEADS OF TERMS

As set out in the table set out at the Annex to the Minutes (as set out in the Minute Book)

CONDITIONS

1.         No development shall commence until full details of the layout (including the layout of the internal access roads and footpaths), scale, appearance, and landscaping (hereafter referred to as reserved matters) have been submitted to and approved in writing by the Local Planning Authority.

Reason: This permission is in outline only and is granted 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.

2.         In the case of the reserved matters, the final application for approval shall be made not later than the expiration of 18 calendar months beginning with the date of this permission.

Reason: This permission is in outline only and is granted 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. The time period for submission has been reduced from the standard period. The  ...  view the full minutes text for item 162.

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

The Committee considered application 21/04112/OUT, an outline application for the erection of up to 65 dwellings, including up to 8 live-work dwellings (use class sui generis), public open space, access, infrastructure and demolition of existing buildings (all matters reserved except principle means of access from Station Road) at OS Parcel 2778, Grange Farm, North West of Station Cottage, Station Road, Launton for Richborough Estates.

Richard Lodge, Launton Action Group, addressed the committee in objection to the application.

Richard Lomas, Agent for the applicant, addressed the committee in support of the application.

It was proposed by Councillor Hughes and seconded by Councillor Wood that application 21/04112/OUT be refused as it was contrary to policies Villages 2 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved policy C28 of the Cherwell Local Plan 1996 and Government guidance within the National Planning Policy Framework, the lack of connectivity within the existing settlement would result in an isolated form of unsustainable development which would be contrary to policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and that it cannot be demonstrated that the necessary infrastructure directly required both on and off site as a result of the development can be provided in the interests of safeguarding public infrastructure. The proposal was contrary to the officer recommendation.

Resolved

(1)          That application 21/04112/OUT be refused contrary to the officer’s recommendation for the following reasons:

1.         Notwithstanding the Council’s inability to demonstrate a 5 year land supply the proposals would result in the development of greenfield land forming part of the open countryside which would result in an unacceptable extension of the village and which would harm the character and rural setting of the village to the detriment of the built, natural and historic environment. The proposal is therefore contrary to policies Villages 2 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved policy C28 of the Cherwell Local Plan 1996 and Government guidance within the National Planning Policy Framework.

2.         The application site is located some distance from the centre of the village; the proposal would create a new community isolated from existing services in the village and would place heavy reliance on car use to reach even local services within the village such as the school and shop. This lack of connectivity within the existing settlement would result in an isolated form of unsustainable development which would be contrary to policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 as well as Government guidance within the National Planning Policy Framework.

3.         In the absence of the completion of a satisfactory Planning Obligation, it cannot be demonstrated that the necessary infrastructure directly required both on and off site as a result of the development can be provided in the interests of safeguarding public infrastructure, delivering mixed and balanced communities through the provision of affordable housing and securing on site future maintenance arrangements. The development is therefore contrary to policies INF1, BSC3, BSC4, BSC9, BSC10, BSC11 and BSC12 of the  ...  view the full minutes text for item 163.

Deferred due to the expectation that the footpath affected by the canopy of the tree may soon be removed and a replacement path provided that would not necessitate pruning works to the tree.

The Committee considered application 22/00124/TPO for the Crown lift south west limb only to 2m. Crown lift through a combination of light selective reduction and small branch removal, with no cuts exceeding 50mm - Subject to TPO 04/2018 at Grass Verge Adj To North Lane, Weston On The Green, OX25 3RG for Oxfordshire County Council.

Prior to the officers’ report and presentation and the public speaking, it was proposed by Councillor Hughes and seconded by Councillor Reynolds that consideration of application 22/00124/TPO be deferred due to the expectation that the footpath affected by the canopy of the tree may soon be removed and a replacement path provided that would not necessitate pruning works to the tree

Resolved

(1)          That consideration of application 22/00124/TPO be deferred due to the expectation that the footpath affected by the canopy of the tree may soon be removed and a replacement path provided that would not necessitate pruning works to the tree.

Approved, subject to conditions which will be set out in the minutes.

The Committee considered application 22/00425/F for the demolition of existing single level dwelling - Class C3(a) - and erection of 4no flats in a single, 1.5 storey building - Class C3(a) at 7 Churchill Road, Kidlington, Oxfordshire OX5 1BN for Mr Jack Piccaver.

Jack Piccaver, the applicant, addressed the committee in support of the application.

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

Resolved

That application 22/00425/F be approved, subject to the following 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:

• Proposed Floor Plans

• Proposed Roof Plan

• Proposed Main Elevations

• Proposed Side Elevations

• Proposed Site Plan

• Proposed Block & Location Plan

• Proposed Drainage Plan

• Proposed Landscape Plan

• 3.1 - Local Amenities Plan

• 3.2 - Parking Survey Spaces

• Accompanying Information Revision B dated 31st January 2022

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.

3.         A schedule of materials and finishes to be used in the external walls and roof(s) of the building shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of those works. The development shall not be carried out other than in accordance with the approved details and shall be retained as such thereafter.

Reason: To safeguard the character and appearance 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.

4.         Prior to the first occupation of the development hereby approved, the parking and manoeuvring areas shall be provided in accordance with the plan approved (Drawing No. 2.5 Proposed Site Plan) demarcated and constructed from porous materials or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the site. Thereafter, the parking and manoeuvring areas shall be retained in accordance with this condition and shall be unobstructed except for the parking and manoeuvring of vehicles at all times.

Reason - In the interests of highway safety and flood prevention and to comply with Policies ESD7 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the  ...  view the full minutes text for item 165.

Approved, subject to conditions which will be set out in the minutes.

The Committee considered application 21/03912/F for external and internal refurbishment to the flats at 137-153 The Fairway Banbury OX16 0QZ for the Build Team.

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

Resolved

That application 21/03912/F be approved, subject to the following 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 following plans and documents:

• Drawing Title: Measured Survey Drawing Number: 001

• Drawing Title: Proposed Plans and Elevations Drawing Number: 002A

• Drawing Title: Site and Location Plan Drawing Number: 003A

• Drawing Title: 3D Visuals Drawing Number: 004

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.

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.