Agenda, decisions and minutes

8. Land South West Of Avonbury Business Park, Howes Lane, 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.

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

9. Land Adjoining Withycombe Farmhouse, Stratford Road, A422, Drayton.

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.

12. OS Parcel 5616 South West Of Huscote Farm And East Of Daventry 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.

13. Recreation Ground, Keble Road, Bicester, OX26 4UX.

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 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 and 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 Bicester Town Council which had been consulted on the application and as a member of the Executive and would leave the meeting for the duration of the item.

14. 277 Warwick Road, Banbury, OX16 1AU.

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.

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 12 January 2023.

The Minutes of the meeting held on 12 January 2023 were agreed as a correct record and signed by the Chairman.

To receive communications from the Chairman.

The Chairman made the following announcement:

1.    The Chairman welcomed the Planning Policy Team Leader to the meeting to give Members an update on the Council’s Housing Land Supply figure that was reported to the Executive on 6 February 2023.

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.

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

The Committee considered application 22/02922/F for the construction of Thames Valley Police Technical Services Building (Use Class E) with associated access, car parking and hard and soft landscaping at Land South West of Avonbury Business Park, Howes Lane, Bicester for Thames Valley Police.

Geoff Clark, local resident, addressed the Committee in objection to the application.

Simon Dackombe, on behalf of the Thames Valley Police, addressed the Committee in support of the application.

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

Resolved

(1)       Delegate to the Assistant Director for Planning and Development to grant permission, subject to:

i)               The following conditions (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, as substituted by the Planning and Compensation Act 1991, to secure obligation including contributions and the infrastructure identified in the annex to the Minutes (as set out in the Minute Book) (and any amendments to those obligations as deemed necessary)

Conditions

        Time Limit and General Implementation 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.

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 confirmed as a completed S106 agreement will need to be in place prior to the decision notice being issued.

Reason – For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and to comply with Government guidance contained within the National Planning Policy Framework. 

3.          The development shall be used as a Technical Services Building associated with Thames Valley Police only, and shall not be used for any other purposes whatsoever.

Reason - In order to retain planning control over the use of the site and to ensure that the impacts of the development are no greater than those considered under this application in accordance with Policies SLE1 and Bicester 1 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework. 

4.          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) undertaken by a competent ecologist to assess the nesting bird activity on site, together with details of measures to protect the nesting bird interest  ...  view the full minutes text for item 124.

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

The Committee considered application 22/02101/OUT, an outline planning application for a residential development comprising up to 250 dwellings (with up to 30% affordable housing), public open space, landscaping and associated supporting infrastructure.  Means of vehicular access to be determined via Edinburgh Way, with additional pedestrian and cycle connections via Dover Avenue and Balmoral Avenue.  Emergency access provision also via Balmoral Avenue.  All other matters reserved at Land Adjoining Withycombe Farmhouse, Stratford Road, A422, Drayton for Bloor Homes (Western).

Laura Hinds, local resident, addressed the Committee in objection to the application.

Jon Bryan, on behalf of the applicant, Bloor Homes 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

(1)       That the authority be delegated to the Assistant Director – Planning and Development to grant permission subject to:

(i)         The following conditions (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, as substituted by the Planning and Compensation Act 1991, to secure obligation including contributions and the infrastructure identified in the annex to the Minutes (as set out in the Minute Book) (and any amendments to those obligations as deemed necessary)

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 three years 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.  

3.          Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved whichever is the later. 

Reason: 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, and Article 5(1) of the Town and Country Planning (General Development Procedure) Order 2015 (as amended). 

4.          Except where otherwise stipulated by  ...  view the full minutes text for item 125.

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

The Committee considered application 22/01976/OUT, an outline application for a residential development of up to 75 dwellings including bungalows; open spaces (including children’s play space); community woodland and other green space; new vehicular and pedestrian access off Blackthorn Road; and associated landscaping, earthworks, parking, engineering works, demolition, and infrastructure at OS Parcel 3489 Adjoining and South West of B4011, Allectus Avenue, Ambrosden for Hallam Land Management.

Lawrence Dungworth representing the applicant Hallam Land Management and Dawn Seaworth speaking on behalf of Ambrosden Parish Council addressed the committee in support of the application.

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

Resolved

(1)       Delegate to the Assistant Director for Planning and Development to grant permission, subject to:

i)           The following conditions (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, as substituted by the Planning and Compensation Act 1991, to secure obligation including contributions and the infrastructure identified below and in the annex to the Minutes (as set out in the Minute Book) (and any amendments to those obligations as deemed necessary)

Cherwell District Council (all contributions will be index linked)

·            Provision of and commuted sum for maintenance of open space (including informal open space, mature trees, hedgerows, woodland. SUDS etc) or details of long term management provisions in accordance with the Policy BSC11 of the CLP

·            Provision of a Local Equipped Area of play and commuted sum for maintenance or details of other management provisions

·            £106 per dwelling for bins – WASTE

·            Affordable housing provision – 35% (up to 27 units)

·            CDC monitoring fee

Oxfordshire County Council

·            Public transport contribution of £96,305 equated at £1,133 per dwelling for the provision of bus services in Ambrosden

·            Public Rights of Way of £25,000 to mitigate the impact to the PROW in the vicinity of the site.

·            Delivery of a public footway to connect to the existing footway provision at Allectus Avenue via Church Leys Field to enable appropriate pedestrian access to the village.

·            Obligation to enter into a S278 agreement to secure:

1.          New site access Blackthorn Road and as shown on drawing 001 Rev P9 with a visibility splay of 2.4m x 120m

2.          New 3m wide footway as shown on drawing 001 Rev P9

3.          Realignment of existing kerbline over a distance of approximately 83m to accommodate shared footway / cycleway as shown on drawing 001 Rev P9.

4.          Relocation of speed limit terminal signs and village entry feature

5.          Provision of the bridleway/cyclepath to link with Bridleway (105/6/20) and details of how this will be facilitated and constructed to adoptable standards

6.          Street lighting to be agreed in line with the agreed highway boundary.

·            £598,266 towards secondary education capacity and £63,144 towards secondary school land contribution for secondary school places secondary school places in Bicester to ensure adequate secondary school provision

·            £44,871 towards special school contribution to be spent  ...  view the full minutes text for item 126.

Deferred for one planning cycle to allow legal advice to be sought regarding a legal opinion submitted by the applicant on the officers committee report.

The Committee considered application 22/02104/F, for the erection of 35 two storey dwelling houses, construction of access off Rye Hill, together with garaging, parking, open space with LAP, landscaping and all enabling works at Land to the Rear of No.12 and South of Dismantled Railway, Health Close, Milcombe, OX15 4RZ for Stoic Roofing and Construction and Abbeymill Homes.

In introducing the application, the Planning Officer referred to the published written update which set out that the applicant had submitted a legal opinion on the committee report and the recommendation to Committee had therefore been amended and it was recommended that the application be deferred to allow legal advice to be sought.

It was proposed by Councillor Reynolds and seconded by Councillor Clarke that consideration of application 22/02104/F be deferred for one planning cycle so legal advice could be obtained by the council.

Resolved

That consideration of application 22/02104/F be deferred for one Planning Committee cycle to allow the council to obtain legal advice on a legal opinion submitted by the applicant on the officer committee report.

The Committee confirmed that they would have refused the application.  Reasons to be set out in the minutes.

The Committee considered application 22/01488/OUT, an outline application for the construction of up to 140,000 sqm of employment floorspace (use class B8 with ancillary offices and facilities) and servicing and infrastructure including new site accesses, internal roads and footpaths, landscaping including earthworks to create development platforms and bunds, drainage features and other associated works including demolition of the existing farmhouse at OS Parcel 5616 South West Of Huscote Farm and East Of Daventry Road, Banbury for Greystoke CB.

Lisa Phipps, local resident and also on behalf of CPRE and Banbury Civic Society, addressed the committee in objection to the application.

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

Resolved

(1)       That the Committee resolved to confirm that, had the power to determine application 22/01488/OUT continued to rest with them, application 22/01488/OUT would be refused for the following reasons:

1.          The proposal is located on an unallocated site and development would represent an urbanising form of development which by reason of its location and proposed land use would result in a cluster of large warehouse buildings poorly related to Banbury that would result in a harmful visual intrusion of development into the landscape and open countryside and would therefore result in harm to the rural character, appearance and quality of the area. This identified harm would significantly and demonstrably outweigh the benefits of the proposal. Development would therefore fail to accord with Cherwell Local Plan 2011-2031 Part 1 policies ESD10, ESD13 and ESD15 and Cherwell Local Plan 1996 saved policies C7, C8 and EMP4, and with national policy guidance given in the National Planning Policy Framework (NPPF) (2021).

2.          The proposed development would be sited in a geographically unsustainable location with poor access to services and facilities and therefore future employees would be highly reliant on the private car to access their workplace, which would not reduce the need to travel and would result in increased car journeys and hence carbon emissions. The proposed development would therefore conflict with policies PSD1, SLE4 and ESD1 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in the National Planning Policy Framework. This identified harm would significantly and demonstrably outweigh the benefits associated with the proposed development and therefore the development does not constitute sustainable development when assessed against the National Planning Policy Framework as a whole.

3.          The appeal site is located in an unsustainable location for cycling and walking. The proposal is therefore contrary to policies SLE1 and SLE4 contained within the Cherwell Local Plan 2011-2031 Part 1 (CLP 2031 Part 1), saved policy TR1 contained within the Cherwell Local Plan 1996 (CLP 1996) and Government guidance within the National Planning Policy Framework.

4.          The proximity of the access roundabout to M40 Junction 11 is likely to lead to severe congestion and potential safety issues arising from queuing on the M40 off slip. The proposal is therefore contrary to policies SLE1 and SLE4 contained within the Cherwell Local Plan  ...  view the full minutes text for item 128.

Approved, conditions to be set out in the minutes.

The Committee considered application 22/02491/CDC for the demolition of the existing Bicester East Community Centre and construction of a new community hall, 6no. dwelling and car parking. Removal of Public Telephone Kiosk and repositioning of footpath at Recreation Ground, Keble Road, Bicester, OX26 4UX for Cherwell District Council.

Linda Burn, Local Resident, addressed the committee in objection to the application.

In reaching its decision the Committee considered the officers report, presentation and address by the public speaker.

Resolved

(1)       That permission be granted for application 22/02491/CDC 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.

2.          No development shall commence on the dwellings hereby approved until the new community centre is constructed and operational.

Reason: The proposed dwellings are only considered acceptable in principle to facilitate the provision of the new community centre.

Compliance with Plans

3.          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:

·            Application form · Covering letter · Design and Access Statement (Version 2) dated December 2022

·            Drawing number 5046/G/20/001 Rev P2 – [Location Plan]

·            Drawing number 5046/G/20/003 Rev P3 – [Proposed Site Plan]

·            Drawing number 5046/G/20/004 Rev P1 – [Proposed Plans Plots 1 & 2]

·            Drawing number 5046/G/20/005 Rev P1 – [Proposed Plans Plots 3 & 4]

·            Drawing number 5046/G/20/006 Rev P1 – [Proposed Plans Plots 5 & 6]

·            Drawing number 5046/G/20/007 Rev P1 – [Proposed Plots 1-6 Street Scene]

·            Drawing number 5046/G/20/008 Rev P1 – [Community Hall – Proposed Plans]

·            Drawing number 5046/G/20/009 Rev P0 – [Community Hall – Proposed Elevations]

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.

General Conditions

4.          Prior to commencement of any works to the trees on the site, full details of replacement tree planting, including number, location, species, and size at time of planting shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the replacement tree(s) shall be planted in the first planting season (mid-November to end of March) following the removal of the tree(s) for which consent has been granted and any tree which, within a period of five years from being planted dies, is removed, or becomes seriously damaged or diseased, shall be replaced in the current/next planting season in accordance with the approved details and the wording of this condition.

Reason: In the interests of the visual amenities of the area and to comply with good arboricultural practice and Government Guidance contained within the National Planning Policy Framework.

5.          Prior to commencement of the development, an arboricultural method  ...  view the full minutes text for item 129.

Approved, conditions to be set out in the minutes.

The Committee considered application 22/02517/F for Formation of means of access and associated dropped kerb at 277 Warwick Road, Banbury, OX16 1AU for Mr Willow Hobbs.

In reaching its decision the Committee considered the officers report and presentation.

Resolved

(1)       That permission be granted for application 22/02517/F subject to the following conditions.

Conditions

Time Limit

1.          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 Purchases 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 forms and the following plans and documents: Site Location Plan; P03; and the Arboricultural Statement produced by LandArb Solutions. 

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. 

Parking Area

3.          Prior to the first use of the access hereby approved, the parking area shall be provided in accordance with the plan approved (Drawing No. PO3) and notwithstanding shall be 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 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 National Planning Policy Framework. 

Root Protection 

4.          Prior to the commencement of the works to form the new access track, an Arboricultural Statement (AMS), undertaken in accordance with BS:5387:2012 and all subsequent amendments and revisions shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, all works on site shall be carried out in accordance with the approved AMS.  

Reason – To ensure the continued health of retained tree and to ensure that they are not adversely affected by the constructions work. In the interests of the visual amenity of the area, to ensure the integration of the development into the existing landscape and to comply with policies ESD15 of the Cherwell Local Plan 20112031 Part 1, saved Policy C28 of the Cherwell Local Plan 1966 and Government Local 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 planning appeals progress 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 statement be accepted.