Agenda, decisions and minutes


Planning Committee - Thursday 15 April 2021 4.00 pm

Venue: Virtual Meeting

Contact: Lesley Farrell, Democratic and Elections  Email: democracy@cherwell-dc.gov.uk, 01295 221591

Media

Items
Note No. Item

145.

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:

There were no declarations of interest.

146.

Requests to Address the Meeting

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

Additional documents:

Minutes:

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

 

147.

Minutes pdf icon PDF 433 KB

To confirm as a correct record the Minutes of the meeting of the Committee held on 11 March 2021.

Additional documents:

Minutes:

The Minutes of the meeting held on 11 March 2021 were agreed as a correct record and would be signed by the Chairman in due course.

148.

Chairman's Announcements

To receive communications from the Chairman.

 

Additional documents:

Minutes:

Passing of Prince Philip, Duke of Edinburgh

The Chairman referred to the current period of national mourning following the passing of Prince Philip, Duke of Edinburgh on 9 April 2021 and explained it would be appropriate for the Committee to observe a minute’s silence to reflect on his life of service to our country and our sovereign.

 

The Committee duly observed a minutes silence.

 

Councillor Macnamara, Chairman of Planning Committee

At the discretion of the Chairman, Councillor Colin Clarke – Lead Member for Planning, addressed the Committee and reported that as Councillor James Macnamara, Chairman of Planning Committee was not re-standing for election,  his term of office would end in May and, by consequence, his Chairmanship of Planning Committee. Members and Officers paid tribute and thanks to Councillor Macnamara for his expertise and valuable contributions to the Committee.

 

Councillor Barry Wood, Leader of the Council, thanked Councillor James Macnamara for his 20 years’ service to the council, commended him for his public service and wished him well.

 

Councillor Barry Wood also noted that Councillor Chris Heath was not standing for re-election and thanked her for 11 years‘ service to the council and contribution to the Planning Committee.

 

149.

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 business.

 

 

150.

Proposed Pre-Committee Site Visits (if any)

There are no proposed Pre-Committee Site Visits.

Additional documents:

Minutes:

There were no pre-Committee Site visits proposed.

 

20/03353/OUT

151.

Land West of Cotefield Business Park, Oxford Road, Bodicote pdf icon PDF 115 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 20/03353/OUT an outline application for a food store, including access and scale (resubmission of 20/00123/OUT) at Land West of Cotefield Business Park, Oxford Road, Bodicote for Cotefield Holdings Limited.

 

Sebastian Tibenham of Pegasus Consultants addressed the meeting in support of the application.

 

It was proposed by Councillor Chris Heath and seconded by Councillor Lynn Pratt that application 20/03353/OUT be refused contrary to the officer recommendation, due to the impact it would have on local small shops, the possibility of no shop opening on Longford Park and the possible closure of local post office facilities.

 

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 Phil Chapman that application 20/03353/OUT be approved in line with the officers’ recommendation.

 

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

 

Resolved

 

(1)       That authority be delegated to the Assistant Director Planning and Development to grant permission for application 20/03353/OUT subject to:

 

1)  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)    £153,780 - Highway Works Contribution towards conversion of the existing footway to shared use for pedestrians and cyclists, along the western side of the A4260 between Cotefield Drive and Broad Gap.

b)    £1,426 - Travel Plan Monitoring Fee

c)    S278 Agreement will be required to secure mitigation/improvement works.

 

2)  The following conditions (and any amendments to those conditions as deemed necessary:

 

CONDITIONS

Time Limit

1.    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 (Development Management Procedure (England)) Order 2015 (as amended).

 

2.    Details of the layout, appearance, and landscaping (hereafter referred to as 'the reserved matters') shall be submitted to and approved in writing by the Local Planning Authority before any development takes place and the development shall be carried out as approved.

 

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 6 of the Town and Country Planning (Development Management Procedure (England)) Order 2015 (as amended).

 

Compliance with Plans

3.    The development shall  ...  view the full minutes text for item 151.

20/03687/F

152.

Plot 37 Land adj to 7 Henge Close, Adderbury, OX17 3GA pdf icon PDF 91 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 20/03687/F for the erection of a three-bedroom house, with 2no parking spaces at Plot 37 Land adjacent to 7 Henge Close, Adderbury, OX17 3GA for  Nicholas King Homes.

 

Councillor Andrew McHugh, local ward member, addressed the meeting in objection to the application.

 

Anthony Hartwell, local resident, addressed the meeting in objection to the application.

 

Wesley McCarthy, agent for the applicant, addressed the meeting in support of the application.

 

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

 

Resolved

 

(1)       That authority be delegated to the Assistant Director Planning and Development to grant permission for application 20/03687/F subject to:

 

1.         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) Refuse bins contribution

b) Indoor sports contribution

c) Outdoor sports contribution

d) Primary education contribution

e) Secondary education contribution

f) Public transport contribution

g) Transport contribution

 

2.         The following conditions (and any amendments to those conditions as 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 forms and the following plans and documents: NK - PLOT 37 B; MDL-1271-PL21 and MDL-1271-PL22.

 

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.    The development hereby approved shall be constructed in accordance with the stone and slate samples approved under 17/00543/DISC.

 

Reason - To ensure the satisfactory appearance of the completed development 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 commencement of the development hereby approved above slab level, a plan showing full details of the finished floor levels in relation to existing ground levels on the site for the proposed development shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved finished floor levels plan.

        

Reason - To ensure that the proposed development is in scale and harmony with its neighbours and surrounding 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  ...  view the full minutes text for item 152.

21/00767/F

153.

Amare Cottage, Roundhill Road, Mollington, OX17 1AY pdf icon PDF 95 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 21/00767/F for replacement roof dormers and replacement cladding at Amare Cottage, Roundhill Road, Mollington, OX17 1AY for Mr & Mrs Kaye.

 

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

 

Resolved

 

(1)     That permission be grated for application 21/00767/F 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.

 

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: WG1036 001; WG1036 002; WG1036 003; WG1036 004; WG1036 005 Rev A &; WG1036 006 Rev B.

 

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.

154.

Appeals Progress Report pdf icon PDF 274 KB

Report of Assistant Director - Planning and Development

 

Purpose of report

 

To keep Members informed about planning appeal progress including the scheduling of public inquiries and hearings and decisions received.

Recommendation

 

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 on applications which had been determined by the Council, where new appeals have been lodged, public inquiries/hearings scheduled or appeal results achieved.

 

Resolved

 

(1)           That the position statement be accepted.

 

155.

Planning Enforcement Report pdf icon PDF 321 KB

 

Report of Assistant Director - Planning and Development

 

Purpose of Report

 

To update Members on current planning enforcement activity following the last report in January 2021.

 

Recommendation

 

2.1     The meeting is recommended to note the contents of the report.

Additional documents:

Decision:

Resolved

 

 

(1)      That the contents of the report be noted.

 

Minutes:

The Assistant Director Planning and Development submitted a report which updated Members on current planning enforcement activity following the last report in January 2021.

 

Resolved

 

(1)      That the contents of the report be noted.

 

156.

Exclusion of Public and Press

The following report contains exempt information as defined in the following paragraph of Part 1, Schedule 12A of Local Government Act 1972.

 

3. Information relating to the financial or business affairs of any particular person (including the authority holding that information).

 

5.  Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

 

Members are reminded that whilst the following item(s) have been marked as exempt, it is for the meeting to decide whether or not to consider each of them in private or in public. In making the decision, members should balance the interests of individuals or the Council itself in having access to the information. In considering their discretion members should also be mindful of the advice of Council Officers.

 

Should Members decide not to make a decision in public, they are recommended to pass the following recommendation: “That, in accordance with Section 100A (4) of Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraphs 3 and 5 f Schedule 12A of that Act.”

 

Additional documents:

Minutes:

Resolved

 

That, in accordance with Section 100A (4) of Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraphs 3 and 5 of Schedule 12A of that Act.

 

157.

Planning Inquiry Options Appraisal

** This exempt report will follow as it is being reviewed and finalised **

 

Exempt report of Assistant Director Planning and Development

Decision:

Resolved

 

(1)      exempt decision.

 

(2)      exempt decision.

Minutes:

The Committee considered an exempt report of the Assistant Director Planning and Development in relation to a planning inquiry options appraisal.

 

Resolved

 

(1)       As set out in the exempt minutes.

 

(2)       As set out in the exempt minutes.