To Members of the Planning & Regulation Committee
 


Notice of a Meeting of the
Planning & Regulation Committee

 

Monday 18 May 2009 at 2.00 pm

 

County Hall, Oxford (Addenda)

 

 

Tony Cloke

Assistant Head of Legal & Democratic Services                                                                              

May 2009

 

Contact officer:          Graham Warrington

                                    Tel: 01865 815321; E-Mail: graham.warrington@oxfordshire.gov.uk

 

 

Membership

 

Chairman – Councillor Steve Hayward

Deputy Chairman – Councillor Catherine Fulljames

Councillors:

Alan Armitage

Barbara Gatehouse

Michael Gibbard

Timothy Hallchurch MBE

Jenny Hannaby

Hilary Hibbert-Biles

Ray Jelf

Terry Joslin

David Nimmo-Smith

G.A. Reynolds

Don Seale

Chip Sherwood

David Turner

 

 

 

 

 

If you have any special requirements (such as a large print version of these papers or special access facilities) please contact the officer named on the front page, but please give as much notice as possible before the meeting.

 

AGENDA

 (Addenda)

1.                 Apologies for Absence and Temporary Appointments

 

2.                 Declarations of Interest see guidance note

3.                 Minutes

 

To approve the minutes of the meeting held on 6 April 2009 (PB3) and to receive for information any matters arising therefrom.

 

4.                 Petitions and Public Address

(See Addenda)

 

5.                 The Extraction and Processing of Soft Building Sand and Intermittently Occurring Limestone and the Removal of Surplus Soils, the Infilling with Inert Waste Subject to Prior on-site Sorting and Recycling, the Provision of all Ancillary Facilities Necessary for Extraction and Infilling Including but not Limited to Office, Weighbridge, Accessways, Recycling Plant and the Restoration of the Site for Nature Conservation and Agricultural Uses. Upwood Park, Besselsleigh

Application No MAR/5529/1-CM

(See also Addenda)

 

Report by the Head of Sustainable Development (PN5)

 

This report deals with an application to extract soft sand from 4 fields at Upwood Park, Besslesleigh and involving the extraction of 1.4 million tonnes of material at an annual rate of approximately 85,000 tonnes over a period of 21 years. There have been a number of objections from local residents regarding traffic, loss of ecology, hydrological impacts, dust, noise, impacts on the landscape and archaeology although no objections have been received from statutory consultees.  These issues have been addressed in the report.

The proposals do not conflict with development plan policies. There is a need for soft sand in order to maintain reserves against national policy which has to be weighed against potential environmental impacts. Planning conditions to control the negative impacts of the development are proposed.

 

It is RECOMMENDED that:

 

(a)       subject to a legal agreement covering:

 

(i)        a management plan including a programme of monitoring to operate for 20 years over and above the 5 year after care period; and

 

(ii)       funding for the implementation of that management plan;

 

that planning permission be granted for the development proposed in Application MAR/5529/1-CM subject to conditions to be determined by the Head of Sustainable Development but to include the matters set out below:

 

1.                  Complete compliance.

2.                  Development to commence within three years of permission.

3.                  18 years for completion of extraction with a further 1 year for restoration.

4.                  Method of working as approved.

5.                  Restoration as proposed.

6.                  5 year aftercare period.

7.                  Standard operating hours.

8.                  Sheeting of HGVs.

9.                  No development until access improvements completed.

10.             No mud on the highway.

11.             Vehicle wheels to leave the site clean.

12.             Development to take place in accordance with the dust mitigation scheme.

13.             Noise limits

14.             Monitoring of noise levels.

15.             Vehicles, equipment and machinery to be fitted with effective silencers.

16.             White noise on reversing bleepers.

17.             No external lighting unless a plan is submitted and approved.

18.             Bunds not to exceed 4 metres in Field 4 and 3 metres elsewhere.

 

Ecology conditions

 

19.             No development until the Water Management Plan is approved.

20.             Cessation of works in the event of adverse impacts on conservation areas.

21.             No development until the Environmental Management Plan is approved.

22.             Submission of restoration plan within 6 months of permission.

 

Archaeology

 

23.             Applicant to implement archaeological surveys during soil stripping.


Conditions as suggested by Natural England for soils and aftercare

 

24.             Storage of contaminants to prevent mixing with soils.

25.             No development until a soil handling scheme is approved.

26.             Details of bunds within 3 months of formation.

27.             Soil to be moved only when dry and friable

28.             No soil handling or movements between October – March inclusive.

29.             Plant or vehicle should not cross topsoil/subsoil.

30.             5 days advance written notice to MPA of topsoil stripping.

31.             Bunds confirm to appropriate criteria.

32.             Grassing of bunds.

33.             Topsoil retained for restoration.

34.             Retention of suitable soil for restoration.

35.             Removal of stones in excess of 15cm.

36.             5 days advance written notice to MPA of topsoil replacement.

37.             Submission of aftercare scheme not later than 3 months before topsoil replacement.

38.             Aftercare in accordance.

 

(b)       if the legal agreement referred to in (a) above is not completed within 10 weeks of the date of this meeting the Head of Sustainable Development be authorised to refuse the application on the grounds that it would not comply with OSP policy M1 in that there would be no satisfactory provision for the long term management of the restored site.

 

6.                 The Continuation of the Development Permitted under Permission V.04/08 Granted Consent on 24 November 2008 (Erection of a Translucent Polythene

Dome for use Part of the Year Over Existing Tennis Courts for a Temporary Period of Five Years) without Complying with Condition 3 (which Required that the Dome should not be Installed before the end of Term 1 in any School

Year and must be Removed by the end of Term 5 in that Year) to Allow the Retention of the Dome on site all Year Round at King Alfred’s School (West Site), Challow Road, Wantage, OX12 9DU

Application No R3.0098/09

(See also Addenda)

 

Report by the Head of Sustainable Development (PN6).

 

Planning permission for the erection of a translucent polythene dome (for use part of the year during adverse weather conditions) over the schools existing tennis courts for a temporary period of five years was granted planning permission in April 2007. A subsequent planning application permitted in November 2008 approved a number of changes to the original permission including changes to the physical appearance of the dome, clarification of its hours and times of use and allowed for the use of internal lights. This current application seeks to remove Condition 3 of the existing permission (which in effect requires the dome to be removed during the summer months) in order to allow the dome to remain on the site for 12 months of the year until the expiry of the current temporary planning permission in April 2012. No other changes have been applied for. Objections have been received regarding the effect that these additional proposals will have on the amenity of local residents and the wider area. These are summarised in the report along with the responses from other consultees.

 

The Committee is RECOMMENDED to approve Application Number R3.009809 for the continuation of the development permitted under permission V.04/08 granted consent on 24/11/2008 (erection of a translucent polythene dome for use part of the year over existing tennis courts for a temporary period of five years) without complying with condition 3 (which requires that the dome should not be installed before the end of term 1 in any school year and must be removed by the end of term 5 in that year) to allow the retention of the dome on site all year round subject to conditions to be determined by the Head of Sustainable Development to include the following matters:

 

1.                  Detailed compliance – that the development must be carried out strictly in accordance with the particulars contained in the application and the plans accompanying.

2.                  On or before 30 April 2012 the dome shall be permanently removed from the site and the tennis courts reinstated to their condition before the approved development took place.

3.                  The dome shall be used only for school purposes and only between the hours of 8 am to 6 pm Monday to Friday and only during term time (no use during school holidays). 

4.                  Details of any additional lighting over and above that already installed within the dome (10 lighting columns) must be submitted to and agreed by the Head of Sustainable Development before any such lighting is installed.

5.                  Lighting within the dome shall only be used between the hours of 8 am to 6 pm Monday to Friday and only during term time (no use during school holidays).

6.                  Within one month of the date of this permission a final scheme for the installation of internal partitions and walls within the dome shall be submitted to and agreed by the Head of Sustainable Development and any such scheme shall be implemented within one month of any permission for the partitions and walls given.

7.                  Within one month of the date of this permission the proposed sound proofing measures to the dome’s compressor shall be implemented.

8.                  In the event of noise from the fan unit exceeding 50dba at a point 3 metres from the unit, the school shall submit and implement a scheme of appropriate measures to reduce noise to a level to be first agreed by the Head of Sustainable Development.

9.                  No new flooring shall be installed unless final details of such flooring have been submitted to and agreed by the Head of Sustainable Development.

10.             All trees and shrubs on the land should be preserved and properly maintained and that in the event of any of the trees or shrubs dying or being seriously damaged or destroyed within the period of this permission (until 30 April 2012) a new tree or shrub or equivalent number of trees or shrubs shall be planted and properly maintained.

 

Informative

Liaison Group - The school should continue to hold regular liaison group meetings with local residents in order to discuss and agree any future changes to the use of the dome.

 

7.                 Application for the Relocation of Offices, Depot with Vehicle Workshop and Overnight Parking, an Extension to the Existing Waste Transfer Building and the Development of a Materials Recovery Facility with Storage and Processing Facilities for Recovered Materials and Refuse Derived Fuel, Overthorpe Industrial

Estate, Application No 06/00954/CM

(See also Addenda)

 

Report by the Head of Sustainable Development (PN7).

 

This is an application to extend Grundon’s current Waste Transfer site into land off Thorpe Mead, Overthorpe Industrial Estate Banbury, to incorporate the current waste management activities situated at the company’s nearby Merton Road site, and also to provide additional waste recovery facilities. The immediate neighbours of the site, a high technology firm and an allotments association, have objected to this application due to the impact that the haul road will have on their environment.

 

The main issues in determining this application are waste management policy, flood risk, landscaping, traffic and the site and location. This proposal is in accordance with waste management policy because it moves waste up the waste hierarchy and accords with the proximity principle. It is in accordance with landscaping policy because the setting is suitable for a building of its scale and type and appropriate landscaping is proposed to reduce any adverse visual impact. It is in accordance with traffic policy because it is situated on an industrial estate with roads that are suitable for the type of traffic the development will generate. The Environment Agency originally objected because currently part of the site lies in the flood plain. They have now removed their objection as an onsite flood compensation scheme has been proposed.  Although there have been objections on amenity grounds from the immediate neighbours, the technical work provided in the Environmental Statement shows that the development would not be likely to cause an unreasonable adverse impact on the working environment of the occupants of the offices.

 

It is RECOMMENDED  that:

 

(a)              subject to prior completion of a legal agreement requiring that waste management operations are ceased at Grundon’s Merton Street site once this development is built and operational the Head of Sustainable Development be authorised to grant planning permission for application 06/00954/CM subject to conditions to be determined by the head of Sustainable Development but to cover those matters outlined at Annex 1 to the report PN7;

 

(b)              the Head of Sustainable Development be authorised to refuse the application if the legal agreement recommended in (a) above was not completed within 10 weeks of the date of approval of the application.

 

8.                 Erection of Single Storey Extension (with Covered Walkway) To Provide Classroom, entrance lobby and other staff and Pupil accommodation; creation of covered play area and other external works including relocation of existing air filtration unit at St Ebbes CE Primary School, Whitehouse Road, Oxford. ApplicationR3/0097/09

(See also Addenda)

 

Report by the Head of Sustainable Development (PN8).

 

This report outlines an application for the construction of a single storey classroom extension at this school to cater for Rising 5 year olds for the first time.  The existing school accommodation is not large enough to take these additional numbers and so extra accommodation is required.  The new extension would allow for an extra 20 pupils and accommodation for 2 more staff members.  The application has been brought to the Planning & Regulation Cmmittee for determination as, although there have been no objections to the principle or design of the new accommodation, objections have been received from a number of local residents over the proposed contractor’s access to the site.  The report describes the development, outlines the consultation responses and third party representations received along with comments of the Head of Sustainable Development.

 

The Committee is RECOMMENDED to approve Application No R3.0097/09 (for the erection of a single storey extension, with covered walkway, to provide classroom, entrance lobby and other accommodation plus the creation of a covered play area and other external works, etc) at St Ebbe’s CE School subject to conditions to be determined by the Head of Sustainable Development to cover the following:

 

(1)               detailed compliance;

(2)               detailed duration – 3 years;

(3)               schedule of external materials to be agreed;

(4)               landscaping scheme to be agreed;

(5)               implement approved landscaping scheme;

(6)               tree and hedge protection during building works;

(7)               construction travel plan to be agreed before work commences on site and implemented for the duration of the work;

(8)               contractor’s working hours to be agreed;

(9)               times for delivery of materials to site to be agreed;

(10)          contractor’s staff parking to be on Whitehouse Road and not Marlborough Road;

(11)          any damage caused during the duration of building works as a result of the use of the footpath access into Marlborough Road to be made good at the end of the building contract;

(12)          provision of scooter parking

(13)          removal of any vegetation/tree work to be done outside bird nesting season.

 

9.                 Outline Permission for the Erection of a Permanent Covered Lightweight Steel Cover (covered by stretched fabric) over Existing Salt Store and Erection of Small Office and Mess Building at Chipping Norton Highways Depot, Cromwell Business Park, Banbury Road, Chipping Norton, OX7 5SR.
Application R3.0074/09


(See also Addenda)

 

Report by the Head of Sustainable Development (PN9).

 

This report describes the application for outline planning permission for the erection of a permanent lightweight steel cover (made of stretched fabric) over an existing salt store at Chipping Norton Highways Depot. The size and design of the cover will be subject to a later detailed application. As part of the application, it is also proposed to erect a small office building and again the design, size and external appearance of this building will be reserved for subsequent approval. An application for outline permission has been made as the Council’s highway contract is the subject of a rebidding exercise. An outline permission, should that be granted, would enable any approved contractor to decide on the details of any final scheme in relation to their operational needs for both the salt store and site office.  The report outlines the consultation responses and an objection from the District Council, relevant planning policies and sets out the comments of the Head of Sustainable Development.

 

The Committee is RECOMMENDED to approve Application Number R.03.0074/09 for the erection of a permanent covered lightweight steel cover (covered by stretched fabric) over existing salt store and erection of small  office building at Chipping Norton Highways Depot, subject to conditions to be determined by the Head of Sustainable Development to include the following matters:

 

1.         Outline compliance – that the development must be carried out strictly in accordance with the particulars contained in the application and the plans accompanying any approval in respect of any subsequent reserved matters.

2.         Application for approval of the reserved matters to be made not later than 3 years of the date of the permission.

3.         Materials – the stretched fabric over the top of the existing salt cover shall be dark green and retained as such thereafter. 

4.                  Noise assessment – that no development works shall take place until a noise assessment measuring current operational noise levels has been undertaken.

5.         Operational noise levels – After completion of the proposed development, operational noise levels are not to exceed levels identified in the noise assessment and if they do mitigation measures must be agreed and put in place.

6.         Tree protection during construction works – that no development shall take place until the trees on the site which are to be retained and which are adjacent to or within the development area, have been protected during building operations by means of a protective fence around the edge of the canopy of the trees.

 

Informatives:

Archaeological Informative: if archaeological finds occur during development, the County Archaeologist should be notified in order that he may visit the site and advise as necessary.

Ecological informative - If any protected species are found to be present at any time during construction of the development, work shall stop immediately. The County Ecologist shall be notified in order that he may visit the site and advise as necessary.

 

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