Agenda, decisions and minutes


Planning Committee - Thursday 8 December 2022 4.00 pm

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

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

Media

Items
Note No. Item

91.

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. Unit D1 Graven Hill, Circular Road, Ambrosden.

Councillor Ian Corkin, Other Registerable Interest, as a Non-Executive Director of Graven Hill Development Company Limited 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 and as a former employee of the Ministry of Defence Bicester.

 

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.

 

11. Car Parking Area West Of 37 Holm Way, 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.

 

12. St Georges Barracks Arncott Wood Road, Arncott, OX25 1PP.

Councillor Les Sibley, Other Registerable Interest, as a former employee of the Ministry of Defence Bicester.

 

92.

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.

 

93.

Minutes pdf icon PDF 418 KB

To confirm as a correct record the Minutes of the meeting of the Committee held on the 3 November 2022.

Additional documents:

Minutes:

The Minutes of the meeting held on 3 November 2022 were agreed as a correct record and signed by the Chairman.

94.

Chairman's Announcements

To receive communications from the Chairman.

 

Additional documents:

Minutes:

The Chairman made the following announcements:

 

1.    That the Chairman had received a Freedom of Information request regarding telephone masts which he has referred to the Monitoring Officer. The Chairman advised the Committee that if they received a Freedom of Information request to refer it to the Monitoring Officer.

 

2.    The Chairman thanked the Interim Senior Manager – Development Management for his work especially at Planning Committee’s as this would be his last Planning Committee with Cherwell District Council.

 

95.

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.

96.

Proposed Pre-Committee Site Visits (if any)

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.

22/01829/OUT

97.

Unit D1 Graven Hill Circular Road Ambrosden pdf icon PDF 2 MB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes

Minutes:

The Committee considered application 22/01829/OUT, an outline (fixing ‘Access’ only) application for the redevelopment of Graven Hill D1 Site, including demolition of existing buildings, development of B8 ‘Storage or Distribution’ use comprising up to 104,008 sq. m (GIA), creation of open space and associated highway works, ground works, sustainable drainage systems, services infrastructure and associated works at Unit D1, Graven Hill, Circular Road, Ambrosden for Graven Hill Purchaser Ltd (c/o Resolute Property Consultancy Ltd).

 

Mark Humphreys, agent for the application and Ben Taylor, from the Trust for Oxfordshire Environment 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 expiry of the current consultation period on 5 December 2022 and confirmation that at the close of this consultation period, no responses have been received raising new material issues which, in the view of the Assistant Director, have not been dealt with in the assessment of the application.

And subject to

ii)              The conditions set out below (and any amendments to those conditions as deemed necessary); and

iii)            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 heads of terms set out in the annex to the Minutes, as set out in the Minute book (and any amendments to those conditions as deemed necessary)

Conditions

 

Time Limits and General Implementation Conditions

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 3(1) of the Town and Country Planning (General Development Procedure) Order 1995 (as amended).

 

2.      Details of the layout, scale, appearance and landscaping (hereafter referred to as 'the reserved matters') for each phase shall be submitted to and approved in writing by the Local Planning Authority before construction of that phase 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.

 

3.      The development shall not be carried out otherwise than in complete accordance with  ...  view the full minutes text for item 97.

22/01773/F

98.

Land South of Faraday House Woodway Road Sibford Ferris pdf icon PDF 1 MB

Additional documents:

Decision:

Application withdrawn by the applicant

Minutes:

The Chairman advised that application 22/01773/F had been withdrawn by the applicant.

21/01966/F

99.

Land To Rear Of Gracewell Care Home Gardner Way Adderbury pdf icon PDF 1 MB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes

Minutes:

The Committee considered application 21/01966/F for the erection of 18 dwellings and access road at land to the rear of Gracewell Care Home, Gardner Way, Adderbury for Malvern Homes Limited.

 

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

 

Resolved

 

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

i)       The resolution of;

a)      No objections from the Ecology officer

ii)      The conditions set out below (and any amendments to those conditions as deemed necessary)

iii)     The completion of a planning obligation under section 106 of the town and country planning act, as substituted by the Planning and Compensation Act 1981, the secure the following (and any amendments as deemed necessary)

Planning Obligation 

Regulation 122 Assessment 

 

Detail 

Amount  

Trigger point 

 

Provision of off-site commuted sum for improvements to local play area 

£TBC 

No more than SEVENTY PER CENT (70%) of the Dwellings shall be Occupied until the Practical Completion Certificate has been issued 

Necessary – To meet the demands generated from the proposal and to ensure long term maintenance in accordance with Policy BSC10 and BSC11 of the CLP 2015 and advice in the Developer Contributions SPD (2018)  

 

Directly related – For the use of future occupiers of the development  

 

Fairly and reasonably related in scale and kind – In accordance with the policy and guidance provisions adopted by the Council 

 

Conditions

 

1.  The development hereby permitted shall be begun before the expiration of three years from 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.  The development shall not be carried out otherwise than in complete accordance with the approved plans reference SLP1, 03, 05, received 04/06/2021 revised plans reference 01 Rev A, 02 Rev A, 03 Rev A, 04, 06 rev B, 07 Rev A, 08 Rev A, 09, 10, 11 Rev A, 12 Rev A, 14, 15 received 09/09/2022 unless a non-material or minor material amendment is approved by the Local Planning Authority under the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).

 

Reason: To clarify the permission and for the avoidance of doubt.

 

3.  No development shall take place until the applicant (or their agents or successors in title) has submitted to and had approved in writing by the local planning authority a programme of archaeological work consisting of a written scheme of investigation and a timetable for that work. The development shall thereafter proceed in accordance with the approved written scheme of investigation and timetable.

 

Reason: To secure the provision of archaeological investigation and the subsequent recording of the remains, to comply with Government advice in the National Planning Policy Framework (NPPF) (Section 16). This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

 

4.  Following the approval of  ...  view the full minutes text for item 99.

22/02493/F

100.

Car Parking Area West Of 37 Holm Way Bicester pdf icon PDF 931 KB

Additional documents:

Decision:

Refused, reasons to be set out in the minutes

Minutes:

The Committee considered application 22/02493/F for the erection of 4 no. residential dwellings (Class C3) with additional parking, access and landscaping at Car parking Area West of 37 Holm Way, Bicester for LCP Estates Ltd.

 

David Rigby, a local resident, addressed the Committee in objection to the application.

 

Henry Courtier, agent for the applicant and Melanie Dobson, Transport Consultant to the applicant, addressed the Committee in support of this application.

 

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

 

Resolved

 

That application 22/02493/F be refused for the following reasons:

 

1. The loss of the public car park would result in an increased demand for on-street parking provision that cannot be safely or realistically accommodated within the vicinity of the site, resulting in significant harm to highway safety. The proposal is therefore contrary to Policies SLE4 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

2. Adequate pedestrian and vehicular vision splays from the off-street parking areas serving the proposed dwellings have not been demonstrated. In the absence of the required vision splays the proposal has the potential to cause significant harm to highway safety. The proposal is therefore contrary to Policies SLE4 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

22/02567/F

101.

St Georges Barracks Arncott Wood Road Arncott OX25 1PP pdf icon PDF 857 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes

Minutes:

The Committee considered application 22/02567/F, for the demolition of an existing three storey single living accommodation block and the erection of three storey single living accommodation block at St Georges Barracks Arncott, Wood Road, Arncott, OX25 1PP for Defence Infrastructure Organisation.

 

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

 

Resolved

 

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

i.. the resolution of drainage matters or the identification of a suitable condition to address the issues

ii. the conditions set out below (and any amendments to those conditions 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:

 

• Application Form

• Planning Statement

• Drawing number Z9A8409 Y20 -HLM -00 -00 -DR - A -000001 Rev P03 – [Site Location Plan] • Drawing number Z9A8409Y20-HLM-10-00-DR-A-00010 Rev P01 – [Proposed Site Block Plan]

• Drawing number Z9A8409Y20-HLM-11-00-DR-A-001110 Rev P07 – [Proposed Ground Floor Plan]

• Drawing number Z9A8409Y20-HLM-11-01-DR-A-001111 Rev P07 – [Proposed First Floor Plan]

• Drawing number Z9A8409Y20-HLM-11-02-DR-A-001112 Rev P07 – [Proposed Second Floor Plan]

• Drawing number Z9A8409 Y20 -HLM -11 -03 -DR - A -001113 Rev P07 – [Proposed Roof Plan]

• Drawing number Z9A8409Y20-HLM-10-00-DR-A-000103 Rev P06 – [Proposed Landscape Pan]

• Drawing number Z9A8409Y20-HLM-11-XX-DRA-003110 Rev P06 – [Proposed Elevations]

• Drawing number SLA-HLM-XX-ZZ-DR-A-00250 Rev P04 – [Typical Strip Section]

• Drawing number Z9A8409Y20-HLM-11-XX-DR-A-002110 Rev P05 – [Sections]

 

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 premises shall be used only for the purpose of service personnel living accommodation and for no other purpose whatsoever, including any other purpose in Class C2A of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) or in any provision equivalent to that class in any statutory instrument revoking, amending or re-enacting that order.

 

Reason: This consent is only granted in view of the special circumstances and needs of the applicant.

 

4.      A schedule of materials and finishes to be used in the external walls and roof(s) of the building(s) shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of those works. The development shall thereafter be completed in accordance with the approved details.

 

Reason - To ensure that the development is constructed and finished in materials which are in harmony with the building materials  ...  view the full minutes text for item 101.

22/02491/CDC

102.

Recreation Ground Keble Road Bicester Oxfordshire OX26 4UX pdf icon PDF 1 MB

Additional documents:

Decision:

Application withdrawn from agenda as issues had been discovered with the submitted plans that require correction. The application is to be submitted to a future meeting.

Minutes:

The Chairman advised that application 22/02491/CDC had been withdrawn from the agenda as issues had been discovered with the submitted plans that required correction. The application would be submitted to a future meeting.

22/02721/F

103.

The Paddocks 2 Foxtowns Green Kirtlington OX5 3JW pdf icon PDF 927 KB

Additional documents:

Decision:

Approved, conditions to be set out in the minutes

Minutes:

The Committee considered application 22/02721/F, for the addition of a small stable (on skids) alongside the existing stable block which comprises 2 stables, tack room and hay barn (retrospective) at The Paddocks, 2 Foxtowns Green, Kirtlington, OX5 3JW for Ms Jean Conway.

 

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

 

Resolved

 

(1) That permission be granted subject to the conditions below

 

Conditions

 

Compliance with plans

1. Except where otherwise stipulated by conditions attached to this permission, the development shall remain in accordance with the following plans and documents: BWC2022/TR/2FGK.

 

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.

 

Private use only

2. The stable hereby permitted shall be used for private use only and no commercial use, including livery, shall take place at any time.

 

Reason – In order to maintain the character of the area and safeguard the amenities of the occupants of the nearby properties in accordance with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, Policies C28 and ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

104.

Appeals Progress Report pdf icon PDF 326 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 planning appeals progress report be noted

 

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.

 

105.

Public Speakers, Written Updates pdf icon PDF 612 KB

Additional documents: