Agenda item

There were two items of urgent business:

21/01454/F - Former Rodney House Private Drive Off Graven Hill Road Ambrosden which was approved subject to a S106 Deed of Variation, a S106 Agreement and Conditions, details to be set out in the minutes.

21/03177/F -  Axis J9 Phase 3 Howes Lane Bicester, which the committee agreed should be refused subject to Authority being delegated to the Assistant Director for Planning and Development to negotiate and complete an agreement containing obligations pursuant to S106 of the Town and Country Planning Act 1990 (as amended) relating to any planning appeal submitted against the decision issued under this application.  Reasons for refusal to be set out in the minutes.

The Chairman advised that he had agreed to add two items of urgent business to the agenda as the matters had arisen after agenda publication and decisions by the Committee were required before the next scheduled meeting of the Committee.

1.       Application 21/01454/F - Former Rodney House Private Drive Off Graven Hill Road, Ambrosden

The first item of urgent business related to application 21/01454/F for the proposed Bicester Health and Wellbeing Hub at Former Rodney House, Private Drive off Graven Hill Road, Ambrosden for Mr Richard Drew.

The Committee was advised that following their resolution in February 2022 to delegate authority to the Assistant Director Planning and Development to grant planning permission subject to conditions, an s106 deed of variation to the extant s106 to address the revised biodiversity mitigation and a s106 to secure a contribution to improve public transport (bus) provision to the site, officers had not been able to determine the application due to outstanding matters which could not be resolved within the scope of the delegated powers to officers within the scope of the resolution to approve the application.

The Applicant had advised that the development may not proceed if a decision was not issued by  22 July 2022. The report was therefore submitted to the Committee as urgent business to request the Committee agree the necessary  amendments to the delegated powers previously given to officers.

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

Resolved

(1)      That authority be delegated to the Assistant Director of Planning and Development to grant permission for application 21/01454/F subject to:

i)        The conditions set out in the agreed minutes from the 10 February 2022 Planning Committee meeting (and any amendments to those conditions as deemed necessary) and alterations to condition 2 (approved plans) and 22 (footway/cycleway) as follows:

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: [BHWH-IBI-XX-XX-PL-A-100003 Rev 8 – Red Edge Plan]; IBI-AR-XXXX-PL-100-004 Rev 17 – Proposed Site Masterplan; WIE11386-HHA-05-001 RevA01 – Health Hub & Western Spine Road Vis.; WIE-16470-ZZ-XX-DR-L-74-101 RevT02 – Biodiversity Net Gain Offset Plan; 122447-IBI-XX-WS-PL-A-100-005 Rev 7– Existing Site Location Plan; IBI-XX-XX-PL-A-200-005 Rev 18 – Proposed Site Plan;16470-WIE-100-74-XX-ZZ-000 Rev A – Colour Masterplan; 122447-IBI-XX-XX-PL-A-200-5010 Rev P4 – Ground Floor Plan; 122447-IBI-XX-XX-PL-A-200-5011 Rev P4 –

First Floor Plan; 122447-IBI-XX-XX-PL-A-200-5012 Rev P4 – Second Floor Plan; 122447-IBI-XX-XX-PL-A-200-5013 Rev P1 – Roof Plan; 122447-IBI-XX-XX-EL-A-200-5020 Rev P1 – North & West Elevations; 122447-IBI-XX-XX-EL-A-200-5021 RevP1 – East & South Elevations; 122447-IBI-XX-XX-EL-A-200-5022 Rev P1 – Courtyard Elevations; 8757-MCP-V1-XX-DR-E-9000 Rev P01 – External Lighting Strat. & PV Plan; 16470-WIE-100-74-XX-ZZ-100 Rev P03 – Illustrative Landscape Plan; Design & Access Statement, March 2021; Planning Statement, April 2021; WSI for Archaeological Investigation, February 2021; Technical Note – Biodiversity Net Gain Assessment, April 2021; Supplemental Tech. Note – Biodiversity Net Gain Assessment, August 2021; Ecological Impact Assessment, March 2021; Building Regs Part L Compliance Report, March 2021; Geotechnical Desk-Study Report – Part 1, February 2021; Geotechnical Desk-Study Report – Part 2, February 2021; Geotechnical Site Investigation Report, June 2021; Arboricultural Impact Assessment, April 2021; Arboricultural Survey Schedule, August 2020; Arboricultural Briefing Note, December 2021; Flood Risk Assessment & S/W Drainage Strategy, March 2021; Travel Plan, March 2021; Transport Assessment – Part 1, April 2021; Transport Assessment – Part 2, April 2021; Transport Assessment – Part 3, April 2021; Supplemental TRICS data for GP Surgeries with Pharmacies; Transport Tech. Note – Primary Health Care Hub proposals, July 2021. 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:

22.     The development shall not be brought into use until the footway running from the south of the building and linking to the east to connect to a private road leading to Anniversary Avenue, has been upgraded to a shared  footway/cycleway in full accordance with a Scheme of upgrade works that shall include details of lighting, surfacing and signage. This Scheme shall have first been submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of sustainability, to ensure a satisfactory form of development and to comply with Government guidance contained within the National Planning Policy Framework.

ii)        A S106 deed of variation to the extant S106 to address the revised biodiversity mitigation and the footway/cycleway as per the followingS106 Heads of Terms (and any amendments as deemed necessary):

a)       An additional commuted sum for the additional planting and the extra maintenance costs of the biodiversity enhancement areas, in addition to any capped commuted sums, of £7,000 (index linked) and associated extra maintenance £7,000 (index linked) or any amendments to those figures deemed necessary; and

b)       An additional commuted sum for the maintenance of the footpath/cycleway upgrade works, in addition to any capped commuted sums, of £803.25 (index linked) for the maintenance of the re-surfaced footway/cycleway, and an appropriate figure (to be confirmed) for the maintenance of the lighting, or any amendments to those figures deemed necessary.

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 S106 Heads of Terms as follows (and any amendments as deemed necessary):

a) £310,262 index linked – Payment of a contribution to improve public transport (bus) provision to the site;

b) £2,336 index linked – OCC Travel Plan Monitoring Fee; and

c) £4,550 – S106 monitoring fee.

iv)       In the event that the LLFA objection is not resolved, authority be delegated to the Assistant Director for Planning and Development to add an additional condition 23 (Flood)  as follows (and any amendments to that condition as deemed necessary):

23.     Prior to commencement of development a surface water drainage management strategy shall be submitted to and approved the Local Planning Authority. The strategy shall include details of the management of the proposed system. Thereafter the development herby permitted shall be constructed in accordance with this strategy, including calculated micro drainage results and clarification that the site can be satisfactorily drained to the adjoining watercourse and details of arrangements should the surface water system fail.

Reason: To ensure a sustainable and adequate surface water drainage scheme for the development that complies with Government guidance contained within the National Planning Policy Framework and associated Planning PolicyGuidance.

2.       Application 21/03177/F - Axis J9 Phase 3 Howes Lane Bicester.

The second item of urgent business related to application 21/03177/F, a full planning application for employment development (Use Classes E(g)(iii), B2 and/or B8) comprising 5 units within 3 buildings and associated parking and servicing, landscaping and associated works at Axis J9 Phase 3, Howes Lane, Bicester for Albion Land.

The Committee was advised that at it’s 16 June 2022 meeting, the Committee had resolved to refuse the application. Officers had been working on the wording of the reason for refusal and have been advised that the applicant intends to appeal the decision to refuse the application.

Legal advice received after the publication of the agenda for this meeting indicated that officers required additional powers to be delegated from the Planning Committee to allow them to deal with any S106 issues within an appeal. As it was understood the appeal would be lodged imminently, the report was submitted to the Committee as urgent business to ensure the necessary delegation was in place, and that the Committee’s refusal reasons were defined and available to the applicant so that their appeal could be lodged against those specified reasons. To delay a decision, could result in the risk of an award of costs against the Council.

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

Resolved

(1)      That authority be delegated to the Assistant Director for Planning and Development, having regard to the Heads of Terms, and Heads of Terms update (attached), to negotiate and complete an agreement containing obligations pursuant to S106 of the Town and Country Planning Act 1990 (as amended) relating to any planning appeal submitted against the decision issued under application 21/03177/F:

(2)      That application 21/03177/F be refused for the following reasons:

1.       Theproposed developmentintroduces unanticipatedcommercial usesonto asite identifiedfor housingvia theMasterplan includedwithin theNorth WestBicester SupplementaryPlanning Document2016. Thedevelopment proposedwould beincompatible withthe existing residentialuses tothe east of Howes Laneand wouldhave adetrimental impactupon theresidential amenityof thosenearby residentialoccupiers. Theproposal istherefore notconsidered tobe sustainabledevelopment andis contraryto PoliciesSLE1 (inparticular paragraph6, bulletpoint 7(with respect toland usesand residentsonly), ESD15 (in particularbullet points 3and 11(but not relatedto privacy,natural lighting,ventilation orindoor andoutdoor space))and PolicyBicester 1(paragraph 2and bulletpoints 1and 25under thesection titled‘Key sitespecific designand placeshaping principles’)of theCherwell LocalPlan Part 12011-2031, Policy C31of the CherwellLocal Plan1996, the NorthWest BicesterSupplementary PlanningDocument 2016and theNational PlanningPolicy Framework.

        2.        Inthe absenceof asatisfactory completedS106 orother planningobligation, theLocal PlanningAuthority isnot convincedthat thenecessary infrastructurerequired bothon andoff siteas aresult ofthis developmentto mitigatethe impactof thedevelopment willbe provided.This wouldbe contraryto PoliciesINF1, SLE4,and PolicyBicester 1of theCherwell LocalPlan Part1 2011-2031,the NorthWest Bicester  Supplementary  Planning  Document  2016,  the  Council’s  Developer ContributionsSupplementary PlanningDocument (February2018) andthe advicewithin the National PlanningPolicy Framework.