Agenda item

Approved, in line with officer recommendation, to grant permission subject to conditions (and any amendments as deemed necessary), details to be set out in the minutes.

The Committee considered application 26/01634/F for the demolition of a garage and erection of single storey extensions to the side and rear and the addition of box dormer to side roof slope (revised scheme of 25/02081/F to amend the roof of the rear extension from a flat roof to a pitched roof and to make changes to fenestration), at 1 Heathcote Avenue Banbury OX16 9TP for Mrs Nuzhat Asma Chaudhry.

Councillor Kieron Mallon addressed the Committee as ward member.

Sarah Wilson, Local resident, addressed the Committee in objection to the application.

Yasser Malik, Agent on behalf of the applicant, addressed the Committee in support of the application

It was proposed by Councillor Dr Thornhill and seconded by Councillor Mawson that application 26/01634/F be approved, in line with the officer recommendation and conditions, with an additional condition in respect of working hours.

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

Resolved

(1)                   That, in line with the officer recommendation, authority be delegated to the Assistant Director Planning to grant permission for application 24/01909/F subject to:

                         i.    the conditions set out below (and any amendments to those conditions as deemed necessary) and 

                        ii.    The inclusion of standardised working hours in line with Cherwell District Council Planning Policy.

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 drawings numbered 00-ST-01 P03, 00-PR-EL-01 P03, 00-PR-FP-01 P03, and 00-PR-RF-01 P02.

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.            Notwithstanding the details submitted, within three months of the date of this decision a method statement for biodiversity enhancement, to full details of bee bricks and the type and location of at least one bird box or owl box or bat box shall be submitted to and approved in writing by the local planning authority. The biodiversity enhancement measures approved shall be carried out prior to the first use or occupation of the development and shall thereafter be retained in full accordance with the approved details.

Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and government guidance contained within the National Planning Policy Framework.

4.            The external materials to be used for the walls and roof of the development hereby permitted shall match in terms of colour, type, and texture those used on the existing building and shall be retained as such thereafter.

Reason: To safeguard the character and appearance of the area in accordance 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.

5.            The parking area for two vehicles shown in the drawing numbered 00-ST-01 Rev 03 (Site & Location Plan) shall be laid out and completed prior to the first use or occupation of the development hereby permitted and the car parking spaces shall be retained for the parking of vehicles at all times thereafter.

Reason: In the interests of highway safety, to ensure the provision of adequate off-street car parking and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and government guidance contained within the National Planning Policy Framework.

6.            Prior to the first occupation of the development hereby approved the first floor dormer windows in the north-eastern side elevation of the development shown on drawing no. 00-PR-EL-01 P02 to serve 1x bathroom and 2x bedrooms shall be obscurely glazed using manufactured obscure glass that is impenetrable to sight (Level 3 or above and not an applied adhesive film) and shall be permanently retained as such thereafter. The said openings shall also be fixed shut and non-opening unless (a) those parts which can be opened are more than 1.7 metres above the floor of the room in which it is/they are installed or (b) an alternative means of restricted opening has first been submitted to and approved in writing by the local planning authority and shall be permanently retained as such thereafter.

Reason: To safeguard the privacy and amenities of the occupants of the adjacent properties and to comply with Policy ESD15 of the Cherwell Local Plan 20112031 Part 1, saved Policy C30 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

7.            Notwithstanding the details submitted, the existing hedgerow/planting along the site's boundary with Elton Road shall be retained and maintained in perpetuity and shall be maintained at a maximum height of one metre above adjacent ground level. Any trees and/or shrubs which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: To ensure the satisfactory appearance of the completed development and to safeguard the character and appearance of the area and in the interests of local highway safety and to comply with Policy ESD 15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policies C28 and C30 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

8.            The development hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling currently known as 1 Heathcote Avenue, Banbury, OX16 9TP and as such shall not be sold, leased, let, or sub-let as a separate unit of accommodation.

Reason: To safeguard the character and appearance of the area and the living conditions of existing and future occupiers and because of the basis on which the current application has been submitted, and in order to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, Saved Policies C28 and C30 of the Cherwell Local Plan 1996 and comply with Government guidance contained within the National Planning Policy Framework.