Agenda, decisions and minutes

To approve the minutes of the meeting held on 14 September 2015 (PN3) and to receive information arising from them.

The minutes of the meeting held on 14 September 2015 were approved and signed.

Minute 51/15 – Erection of a mobile concrete batching plant – Linch Hill, Stanton Harcourt

Responding to Councillor Phillips officers confirmed that as yet no contribution had been received from Hansons with regard to funding improvements for Moreton Lane, Northmoor.

Serving of the review on mineral permissions (ROMP) at Thrupp Lane and Thrupp Farm, Radley

A review letter had been re-issued.

Radley ROMP Prohibition Appeal

Following the appeal against the Radley ROMP Prohibition Order fees of £47,218 awarded against the County Council had now been paid.

Report by the Deputy Director for Environment & Economy (Strategy & Infrastructure) (PN6).

This is a planning application to regularise a long term topsoil recycling operation in an existing barn. Apart from the retrospective element there is also a proposed extension to the barn and a proposed access to the adjoining residential property.

It is RECOMMENDED that subject to a 278 Agreement for the improvements to the road verge opposite the existing site entrance being entered into within three months of the grant of planning permission and the works being carried out within six months of the grant of planning permission that planning permission for application no. MW.0080/15 be approved subject to conditions to be determined by the Deputy Director for Environment & Economy (Strategy & Infrastructure Planning) but to include the following:

i)                Development to be carried out in accordance with the application;

ii)               No more than 12 HGV movements per day;

iii)             The business operates between the hours of 07:30 to 17:30 Monday to Friday and 08:00 to 13:00 on Saturday. No operating to take place on Sundays or Bank Holidays;

iv)             Noise condition;

v)              Bund to be constructed prior to the permitted operational development taking place;

vi)             Development to be carried out in accordance with paragraph 5.7 of Phase 1 Habitat Survey;

vii)            No operational works to take place until a planting scheme has been submitted and approved;

viii)          Planting to be carried out in the next planting season;

ix)             The new residential access shall not be constructed until a S.278 agreement for the construction of the access has been completed;

x)              The new residential access shall be used only for the purpose of access to the adjoining house.

xi)             Details of wheel cleaning measures to be submitted and approved.

xii)            Details of dust suppression measures to be submitted and approved.

xiii)          Throughput of the site must not exceed 20,000 tonnes per annum.

The Committee considered (PN6) a planning application to regularise a long term topsoil recycling operation in an existing barn. Apart from the retrospective element there was also a proposed extension to the barn and  proposed access to the adjoining residential property. 

The Committee also noted:

·                       Two corrections to the report:

Ø     paragraph 25, line 1 delete “at current level but would have concerns if the development intensified”;

Ø     paragraph 61, line 3 – “18” to read “18,000”;

·                       2 additional conditions as set out in the addenda sheet.

Mr Anderson considered that technical data with regard to tonnage output and vehicle size and numbers and referred to in the report was flawed insofar that the size of vehicles proposed would require at least 20 – 24 movements per day in order to achieve the output proposed. The recommended 12 movements per day would therefore mean that in trying to meet the proposed output the operation would soon be in breach of any permission granted in the terms proposed today. The design of the bund was misleading along and the site currently operated outside the hours of operation now proposed.  Barford Road was not suitable for large vehicles with a potential for conflict with other large vehicles including school buses and he failed to see what had changed since the first application for a certificate of lawful use had been refused.  He concluded that if permission was granted then conditions should be strictly applied to control the maximum number of HGVs and agricultural tractors; storage of material west of the bund and a requirement for vehicles to access the site via Iron Hill and not through the village.

He then responded to questions from:

Councillor Mills – school buses normally picked up at 8.30 am.

Councillor Cherry – there had been some small amounts of road patching carried out but large areas where the road surface was breaking up were below standard with further repairs required to serious potholes.

Myra Peters accepted that there had been problems with mud on the road but she pointed out that the road was not solely used by vehicles from the Barford Road operation. Other traffic included a local contracting business less than half a mile away, agricultural traffic, school buses, local shop deliveries to Deddington and local traffic.  The lay-by opposite was currently used to access a small pig rearing operation but was also used by parked vehicles including lorries and local drivers.  She accepted work was needed to make the operation more acceptable and that included a bund to mitigate against noise and proposals to hard surface the site to reduce mud. However, she emphasised the urgent need to expand the barn, which was currently fully utilised, to keep material dry and increase the efficiency of the site which would help offset concerns expressed regarding working outside the proposed weekend provision.

Mr Yates accepted that vehicle size would mean that annual throughput might not be achieved but the 20,000 tonnes pa represented very much  ...  view the full minutes text for item 58/15

Report by the Deputy Director for Environment & Economy (Strategy & Infrastructure Planning) (PN7).

It is a statutory requirement that the Local List of Information Requirements for the Validation of Planning and Related Applications (the Local List) is updated at least every two years and if it has not then it cannot be used for the purposes of validating planning applications.

Planning & Regulation Committee adopted the current Local List on 13 January 2014 which was published on the website on 27 January 2014. Therefore, it is due for updating by January 2016.

The list has been reviewed and there are no significant changes to the drivers for individual items on the list and therefore no changes are necessary to the items on the list. The only proposed modifications are minor changes and updates to the supporting text.

It is RECOMMENDED that:

(a)         the draft revised Local List of Information Requirements as set out at Annex 1 to this report be subject to a three week period of public consultation;

(b)         if after that period and following further consultation with the Chairman and Deputy Chairman of the Planning & Regulation Committee, it was considered that no significant changes were required to the draft revised Local List of Information Requirements then the Deputy Director for Environment & Economy (Strategy and Infrastructure Planning) be authorised to adopt and publish that list;

(c)         if however after that period and following further consultation with the Chairman and Deputy Chairman of the Planning & Regulation Committee, it was considered that significant changes were required to the draft revised Local List of Information Requirements, the matter be reported back to the Planning and Regulation Committee for further consideration.

A Local List of Information Requirements for the Validation of Planning and Related Applications (the Local List) was required by statute to be updated at least every two years. The current Local List adopted by the Planning & Regulation Committee on 13 January 2014 had been published on the website on 27 January 2014 and was therefore due for updating by January 2016.  The list had been reviewed with no significant changes to the drivers for individual items on the list other than minor changes and updates to the supporting text..

RESOLVED: (on a motion by Councillor Phillips, seconded by Councillor Johnston and carried unanimously) that:

(a)          the draft revised Local List of Information Requirements as set out at Annex 1 to the report (PN7) be subject to a five week period of public consultation;

(b)          if after that period and following further consultation with the Chairman and Deputy Chairman of the Planning & Regulation Committee, it was considered that no significant changes were required to the draft revised Local List of Information Requirements then the Deputy Director for Environment & Economy (Strategy and Infrastructure Planning) be authorised to adopt and publish that list;

(c)          if, however, after that period and following further consultation with the Chairman and Deputy Chairman of the Planning & Regulation Committee, it was considered that significant changes were required to the draft revised Local List of Information Requirements, the matter be reported back to the Planning & Regulation Committee for further consideration.

Report by the Chief Legal Officer and Head of Law and Governance (PN8).

An application made by Mr Robert Stewart for registration of land at Humpty Hill, Highworth Road, Faringdon in Oxfordshire as a new town or village green under the Commons Act 2006 was objected by the landowner and a public inquiry held.

The Council is the Commons Registration Authority and the Planning & Regulation Committee has delegated authority to determine such applications. The Inspector's report and officer's recommendation are therefore set out and the Committee requested to determine the application.

Having received the Opinion of the Inspector as set out in Annex 2 to the report PN8, the Committee is RECOMMENDED to APPROVE the application for registration as a new Town or Village Green that plot of land known as Humpty Hill, Highworth Road, Faringdon in Oxfordshire that site being indicated clearly on the map included in the application submitted by Mr Robert Stewart on 19 April 2013.

The Committee had before it a report (PN8) setting out an application made by Mr Robert Stewart for registration of land at Humpty Hill, Highworth Road, Faringdon in Oxfordshire as a new town or village green under the Commons Act 2006. The Committee had been due to consider the application in the light of a report by an independent Inspector who had considered the matter at a public inquiry following an objection by the landowner.

The County Council was the Commons Registration Authority and the Planning & Regulation Committee had delegated authority to determine such applications.

However, a late submission received from the objectors had raised further legal issues which, on the advice of the Chief Legal Officer and Head of Law & Governance, needed in turn to be referred to the independent Inspector in order to give him an opportunity to respond.

Therefore in the light of that advice the Committee RESOLVED (unanimously) to defer consideration of the application to enable the Inspector to consider further points of law raised by the landowner.