Agenda, decisions and minutes


Planning Committee - Thursday 13 April 2023 4.00 pm

Venue: Bodicote House, Bodicote, Banbury, Oxon OX15 4AA

Contact: Aaron Hetherington / Matt Swinford, Democratic and Elections  Email: democracy@cherwell-dc.gov.uk, 01295 221534

Media

Items
Note No. Item

146.

Declarations of Interest

Members are asked to declare any interest and the nature of that interest which they may have in any of the items under consideration at this meeting

Additional documents:

Minutes:

8. Land North And South Of Pingle Drive, Bicester.

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

 

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

 

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

 

9. OS Parcel 6920 East Of Oxford Road and Adjoining and South of Canal Lane, Bodicote.

Councillor Andrew Beere, 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.

 

13. Land Adjacent To The Oxford Canal, Spiceball Park Road, Banbury.

Councillor Andrew Beere, 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 Barry Wood, Other Registerable Interest, as a member of the Executive and would leave the meeting for the duration of the item.

 

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

 

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

 

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

 

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

 

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

 

147.

Requests to Address the Meeting

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.

Additional documents:

Minutes:

The Chairman advised that requests to address the meeting would be dealt with at each item.

 

148.

Minutes pdf icon PDF 299 KB

To confirm as a correct record the Minutes of the meeting of the Committee held on 9 March 2023.

Additional documents:

Minutes:

The Minutes of the meeting held on 9 March 2023 were agreed as a correct record and signed by the Chairman.

149.

Chairman's Announcements

To receive communications from the Chairman.

 

Additional documents:

Minutes:

The Chairman made the following announcements:

 

1.    Agenda items 10 and 12, Planning applications 22/02992/OUT – OS Parcel 4525 South of Council Depot Adjacent and West of Banbury Road Deddington, and 22/03829/F – Oathill Farm, Claydon Road, Cropredy,  had been withdrawn by the respective applicants and would therefore not be considered the Committee.

2.    As this was the last Planning Committee of the municipal year, the Chairman thanked Committee members and officers for their work during the last year.

 

150.

Urgent Business

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

Additional documents:

Minutes:

There were no items of urgent business.

151.

Proposed Pre-Committee Site Visits (if any)

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.

Additional documents:

Minutes:

There we no proposed Pre-Committee site visits.

22/03513/F

152.

Land North And South Of Pingle Drive, Bicester pdf icon PDF 2 MB

Additional documents:

Decision:

Approved in line with the officer recommendation, subject to conditions and S106 legal agreement, details to be set out in the minutes

Minutes:

The Committee considered application 22/03513/F for the redevelopment of the site to provide a new public park, a car and cycle hub with electric vehicle charging and additional guest services, retail and food and beverage floorspace with associated access, parking, drainage and landscaping at Land North And South Of Pingle Drive, Bicester for Value Retail Management (Bicester Village) Limited.

 

Councillors Sames, Pruden and Cotter addressed the Committee as Local Ward Members.

 

Roger Wise, on behalf of Save Oxford Sports Grounds, addressed the Committee in objection to the application.

 

Richard Gough, on behalf of the applicant, Value Retail Management Limited, addressed the Committee in support of the application.

 

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

 

Resolved

 

That authority be delegated to the Assistant Director for Planning and Development, or an officer nominated by them, to grant permission, subject to:

 

i.      The removal of the Environment Agency objection

ii.    The removal of CDC Ecology objection

iii.   The conditions set out below (and any amendments/additions to those conditions as deemed necessary) and

iv.   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 contributions and infrastructure set out in the annex of the Minutes as set out in the Minute Book (and any amendments 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 following plans and documents: [TO BE ADDED]

 

Reason– Forthe avoidanceof doubt,to ensurethat thedevelopment iscarried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework.

 

3.         All site clearance (including the removal of any vegetation or works to hedgerows) shall be timed so as to avoid the bird nesting season, this being during the months of March until July inclusive unless the Local Planning Authority has confirmed in writing that such works can proceed, based on submission of a survey (no more than 48hrs before works commence) undertakenby acompetent ecologistto assessthe nestingbird activityon site, togetherwith detailsof measuresto protectthe nestingbird intereston thesite as required.

 

Reason:To ensurethat thedevelopment willconserve andenhance thenatural environment and willnot cause significantharm toany protectedspecies or its habitat tocomply withPolicy ESD10of theCherwell LocalPlan 2011-2031Part 1 and Government guidance contained within the National  ...  view the full minutes text for item 152.

22/03452/F

153.

OS Parcel 6920 East Of Oxford Road and Adjoining and South of Canal Lane, Bodicote pdf icon PDF 1 MB

Additional documents:

Decision:

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

 

Minutes:

The Committee considered application 22/03452/F for the erection of a new 128-bed residential care home (Use Class C2) together with associated access, parking and landscaping at OS Parcel 6920 East Of Oxford Road and adjoining and South of Canal Lane, Bodicote for Barton Willmore now Stantec.

 

Paul Reeves, on behalf of the applicant, addressed the Committee in support of the application.

 

In the course of the discussion, Councillor Broad highlighted that condition 12 stated policy ESD5 however the purpose of ESD5 was not included in the policy text. The Planning Officer advised the Committee that they believed it was appropriate to widen condition 12 to include policy ESD5 and it would be reflected in the conditions issued with the decision notice.

 

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

 

Resolved

 

That the authority be delegated to the Assistant Director for Planning and Development to grant permission, subject of:

 

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 1990, as substituted by the Planning and Compensation Act 1991, to secure the infrastructure identified in the heads of terms as set out below (and any amendments to them as may be 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 application form and the following plans and documents: 

5196 LP01 – Site Location Plan; 

5196 PL02 Rev B – Proposed Site Plan; 

5196 PL03 – Proposed Ground Floor Plan; 

5196 PL04 – Proposed First Floor Plan; 

5196 PL05 – Proposed Second Floor Plan; 

5196 PL06 – Proposed Roof Plan; 

5196 PL07 – Proposed Elevations (Sheet 1 of 2); 

5196 PL08 – Proposed Elevations (Sheet 2 of 2); 

5196 PL09 – Proposed Sectional Elevations; 

5196 PL10 – Proposed Refuse Store; 

5196 PL13 – Boundary Treatment Plan; 

ZTL 101 Rev B – Tree Constraints Plan; 

Design & Access Statement by KWL Architects Ltd, Ref: 5196 Rev A, dated 9 November 2022; 

Planning Statement by Barton Willmore, now Stantec, Ref: 33629 Rev 1, dated 14 November 2022; 

Transport Statement by Connect Consultants, dated November 2022, as updated and revised by Technical Note 1, dated 11 January 2023; 

Travel Plan by Connect Consultants, dated November 2022; 

Noise Assessment by Hepworth Acoustics, Ref: P22-218-RO1v1, dated November 2022; 

Air Quality Assessment by Syntegra Consulting Ref: 22-9316, dated 8 November 2022; 

Arboricultural Impact Assessment by Zebra Trees, Ref: ZTL_130 V1 Rev C, dated 5 January 2023; 

Landscape Management Plan by Zebra  ...  view the full minutes text for item 153.

22/02992/OUT

154.

OS Parcel 4525 South of Council Depot Adjacent and West of Banbury Road, Deddington pdf icon PDF 2 MB

Additional documents:

Decision:

Application withdrawn by the applicant.

Minutes:

As reported under the Chairman’s announcements, application 22/02992/OUT had been withdrawn by the applicant.

23/00130/F

155.

Laurels Farm, Dark Lane, Wroxton, OX15 6QQ pdf icon PDF 1 MB

Additional documents:

Decision:

Deferred to allow officers to seek view of an agricultural consultant and continue discussions with the applicant regarding principle, design, highway impact and drainage.

Minutes:

The Committee considered application 23/00130/F for the demolition of 3no existing barns followed by the erection of 9no new dwellings; conversion and alterations to existing barn to form 1no dwelling; formation of new primary access from Newington Road, parking, landscaping and other associated works at Laurels Farm, Dark Lane, Wroxton, OX15 6QQ for Trinity College.

 

The Chairman referred to the published written update in which there was an amended officer recommendation for deferral to allow officers to seek view of an agricultural consultant and continue discussions with the applicant regarding principle, design, highway impact and drainage.

 

It was proposed by Councillor Reynolds and seconded by Councillor Clarke that consideration of application 23/00130/F be deferred to allow officers to seek the view of an agricultural consultant and continue discussions with the applicant regarding principle, design, highway impact and drainage.

 

Resolved

 

(1)      That consideration of application 23/00130/F be deferred to allow officers to seek the view of an agricultural consultant and continue discussions with the applicant regarding principle, design, highway impact and drainage.

22/03829/F

156.

Oathill Farm, Claydon Road, Cropredy, OX17 1QA pdf icon PDF 1 MB

Additional documents:

Decision:

Application withdrawn by the applicant.

Minutes:

As reported under the Chairman’s announcements, application 22/03829/F had been withdrawn by the applicant.

 

22/03035/DISC

157.

Land Adjacent To The Oxford Canal, Spiceball Park Road, Banbury pdf icon PDF 2 MB

Additional documents:

Decision:

Approved that condition 5 to 17/00284/REM be discharged in accordance with approved drawings Compactor Location Plan - Centre Wide Plan Ref: CQ2-LJA-XX00-DR-A-03309; and Waste Compactor Detailed Plan Ref: N 22 SHA.

 

Minutes:

The Committee considered application 22/03035/DISC for the discharge of condition 5 (serving and waste) of 17/00284/REM at Land Adjacent to the Oxford Canal, Spiceball Park Road, Banbury for Cherwell District Council.

 

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

 

Resolved

 

(1)      That is be approved that condition 5 to 17/00284/REM be discharged in accordance with approved drawings Compactor Location Plan - Centre Wide Plan Ref: CQ2-LJA-XX00-DR-A-03309; and Waste Compactor Detailed Plan Ref: N 22 SHA.

 

158.

Appeals Progress Report pdf icon PDF 514 KB

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.

 

Additional documents:

Decision:

Resolved

 

(1)          That the position statement be accepted.

 

Minutes:

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.