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ITEM PN5

PLANNING COMMITTEE – 8 APRIL 2002

PLANNING COMMITTEE – 25 FEBRUARY 2002

Minutes of the Meeting commencing at 2.00 pm and finishing at 3.40 pm

 

Present:

Voting Members:

Councillor Alan Bryden
Councillor Julian Cooper
Councillor Dickie Dawes
Councillor Robert Evans
Councillor Anda Fitzgerald-O’Connor (in place of Councillor Mrs C. Fulljames)
Councillor Steve Hayward (in place of Councillor Mrs M. Hastings)
Councillor Mrs Diana Ludlow
Councillor Margaret MacKenzie
Councillor Roy Mold
Councillor G.A. Reynolds
Councillor Leslie Sibley
Councillor Sylvia Tompkins
Councillor David Turner
Councillor Carol Viney
Councillor Harry Wyatt

Officers:

Whole of meeting: G. Warrington (Chief Executive’s Office); K. Berry, J. Duncalfe, J. Griffin, J. Hamilton and J. Harker (Environmental Services).

The Committee considered the matters, reports and recommendations contained or referred to in the agenda for the meeting, together with a schedule of addenda tabled at the meeting and decided as set out below. Except insofar as otherwise specified, the reasons for the decisions are contained in the agenda and reports and schedule, copies of which are attached to the signed Minutes.

10/02 CHAIRMAN

In the absence of the Chairman the Deputy Chairman took the chair for the duration of the meeting.

    10/02.APOLOGIES FOR ABSENCE AND TEMPORARY APPOINTMENTS

    Apologies for absence and substitutions were received from:

    Apology from

    Temporary Appointments

    Councillor Mrs Fulljames

    Councillor Mrs Fitzgerald-O’Connor

    Councillor Mrs Hastings

    Councillor Hayward

    11/02. MINUTES

    The Minutes of the meeting of the Committee held on 21 January 2002 were approved and signed.

    With regard to Minute 5/02(b) (SS Philip & James CE Primary School) Mr Griffin advised that planning permission had been issued but that implementation very much depended on the outcome of matters relating to rights of way over the land swap site.

    12/02. PETITIONS AND PUBLIC ADDRESS

    The Chairman reported that the following requests to address the meeting had been agreed:-

    Request from

    Agenda Item

    Charles Ponsonby

    Grim’s Dyke Farm

    Glympton

    )

    )

    ) 6 – Slape Hill Quarry, Glympton

    )

    )

    )

    Nick Lyzba

    John Phillips Planning Consultancy

    13/02. COUNTY COUNCIL PLANNING APPLICATIONS

    (Agenda Item 5)

    The Committee considered the following current applications for County Council development, made under Regulation 3 of the Town and Country Planning General Regulations 1992.

    Application No: O.44/01 (detailed) Construction of a two classroom extension; link corridor; new foyer; internal alterations; demolition of an office and outbuilding; relocation of two prefabricated classroom buildings, one for a temporary period of three years and one for a temporary period of five years; erection of a toilet for a temporary period of five years and landscaping, St Andrew’s CE First School, London Road, Headington, Oxford OX3 9ED

    Application No: S.19/01 (renewal) Renewal of consent for three double classroom prefabricated buildings (Ref. E097, E098 & E099) for a temporary period of three years, St Birinus Secondary School, Mereland Road, Didcot OX11 8AZ.

    RESOLVED: that:

    1. subject to first consulting the Chairman and Deputy Chairman if Oxford City amended their recommendation following the "5 day call-in period" the Assistant Director (Land Use Planning) be authorised to approve application O.44/01 (St Andrews CE First School) subject to the conditions outlined in the main report and the following informative:
    2. "The suitability of the location of the Pelican crossing to be checked by the Highway Engineer."

    3. application S.19/01 (St Birinus Secondary School, Didcot) be determined as recommended in the schedules appended to PN5;

    subject in both cases to the detailed wording of the recommended conditions being agreed by the Assistant Director (Land Use).

    14/02. CONTINUED SCREENING AND STOCKPILING OF SOILS (VARIATION/NON-COMPLIANCE WITH CONDITIONS 3 & 10 OF PLANNING PERMISSION 1103/95) AT SLAPE HILL QUARRY, GLYMPTON APPLICATION REFERENCE W2000/1146

    (Agenda Item 6)

    The Committee considered a report (PN6) which set out an application made to regularise unauthorised activity at Slape Hill Quarry.

    Charles Ponsonby addressed the Committee as the occupier of Woodleys and owner of other properties near to the site. He asked for consent to be refused due to the lack of justification for moving the operation within the quarry site; the development requirements should have greater regard to the West Oxfordshire Local Plan and the operator’s disregard over recent years for planning law and regulations. However, if permission was to be granted he requested that the operator be required to increase the height of the bund above the height levels of the operating machinery, independent noise monitoring from the facades of adjoining properties and effective monitoring of the operation.

    Mr Lyzba addressed the Committee on behalf of the applicants. The resiting of the operation had been necessary in order to conform to health and safety regulations. The applicants wished to apologise for earlier planning breaches but undertook to comply strictly with conditions attached to this application if approved.

    Miss Berry advised that West Oxfordshire District Council – Environmental Health had now confirmed their earlier oral response regarding noise at the site.

    RESOLVED: (on a motion by Councillor MacKenzie, seconded by Councillor Sibley and carried nem con) that planning permission be granted for the proposed development in planning application number W2000/1146 subject to the following conditions:

      1. The development hereby permitted shall be begun not later than one year from the date of this permission.
      2. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

      3. The permission hereby granted shall be for a limited period expiring on 9 July 2008 on or before which date the use of the land for the importation, processing, sorting, storage and transfer of waste and recycled materials and for the siting of a mixed waste recycling/skip compound shall cease, and all stockpiled materials, hardstandings, structures, bunding, skips, plant and machinery granted by this permission together with the existing site office, weighbridge, wheelwash and hardstanding at the site entrance shall be removed within a further 6 months, unless the prior written consent of the local planning authority has been obtained for a further period of use.
      4. Reason: The development is not considered suitable for retention beyond the anticipated life of the landfill site.

      5. The development hereby permitted shall be carried out solely in accordance with the approved submitted details except as modified by these conditions and unless otherwise agreed by the local planning authority.
      6. Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans and details.

      7. The development hereby permitted shall not take place unless waste deposited for final disposal at the site is at or below approved final levels for the site as shown on approved plan 89026/RL1, unless otherwise agreed by the local planning authority in writing.
      8. Reason: In the interests of visual amenity.

      9. With the exception of works necessary arising from a risk or danger to the public or the environment and unless otherwise agreed by the local planning authority in writing, lorries shall not enter or leave the site, plant shall not operate and operations shall not take place:
      10. - other than between 0700 and 1800 hours Monday to Friday and 0700 to 1300 hours on Saturdays;

        - at any time on Sundays and Bank Holidays and Saturdays immediately following Bank Holidays.

        Reason: To protect the amenities of nearby properties.

      11. Noise from operations hereby permitted shall not exceed 50 dB(A) Leq, 1h when measured 5.5 metres from the façade of the properties of Woodleys, Grim’s Dyke Farm and Glympton Assarts Farm. The site operators shall take such measures as may be necessary, including the installation of plant and machinery, silencing of vehicles and acoustic screening to ensure that this noise level is not exceeded.
      12. Reason: To minimise any noise disturbance experienced by nearby residents.

      13. In the event that noise emitted from the site exceeds the level set by condition 6 above, all soil screening and stockpiling shall cease within one day of that breach. A scheme for reducing noise to the required limit shall be submitted to the local planning authority for written approval, and any such approved scheme shall be implemented before operations on site recommence.
      14. Reason: In the interests of the amenities of the area.

      15. Within one month of the date of this permission, unless otherwise agreed in writing by the local planning authority, a scheme for monitoring noise emitted from the site shall be submitted in writing for the written approval of the local planning authority. The approved scheme shall be implemented within one month of the date of its approval and for the duration of approved activities on site, unless otherwise agreed in writing by the local planning authority. If either of these deadlines are breached, all operations shall cease on site within one month of written notification by the local planning authority and shall not recommence until the required scheme has been approved in writing and/or implemented.
      16. Reason: To ensure noise is monitored satisfactorily.

      17. Data from noise monitoring as approved in condition 8 above shall be made available to the local planning authority at any time during the approved hours of operation.
      18. Reason: To ensure noise is monitored satisfactorily.

      19. In the event that dust occurs as a result of approved activities on the site a scheme shall be submitted in writing to the local planning authority, for its written approval, within one month of the local planning authority informing the operator in writing that dust nuisance has occurred. Any scheme approved in writing by the local planning authority shall be implemented within one month of the date of that approval and for the duration of approved activities on the site unless otherwise agreed in writing by the local planning authority.
      20. Reason: In the interests of the amenities of the area.

      21. The soil bund constructed along the southern boundary of the site and in accordance with permission reference W99/1168 shall be grass seeded and maintained in a weed free condition. It shall not be breached in any way, except for use in restoration of the site when approved activities on site have ceased.
      22. Reason: In the interests of visual and local amenity.

      23. Within one month of the date of this permission full site drainage details shall be submitted in writing for the written approval of the local planning authority.
      24. Reason: In order to protect the water environment.

      25. Within one month of the date of this permission details for the provision of a concrete hardstanding for all tipping, handling and sorting operations involving waste materials other than inerts shall be submitted for the written approval of the local planning authority. Such details as approved shall be implemented within one month of the date of that approval and for the duration of approved activities.
      26. Reason: To protect the water environment.

      27. All internal site haul roads shall be maintained in a condition free from pot holes while in use and shall be removed when no longer required or during the course of site restoration, whichever is the sooner.
      28. Reason: To minimise noise disturbance to nearby residents and to ensure that the site is satisfactorily restored.

      29. The existing wheelwash shall be maintained in proper working order. Lorries shall not leave the site unless their wheels are sufficiently clean to prevent mud being carried on to the highway.
      30. Reason: In the interests of highway safety.

      31. No mineral, mud, dust or debris shall be deposited on the public highway from vehicles leaving the site.
      32. Reason: In the interests of highway safety.

      33. No plant, machinery, vehicles, equipment, skips or materials shall be stored on the site except in specific locations agreed by the local planning authority in writing.
      34. Reason: In the interests of an orderly site and visual amenity.

      35. Heights of stockpiles within the mixed waste recycling/skip compound shall not exceed the height as shown on approved plan 1071/02 Rev I of the adjoining bunding, unless otherwise agreed in writing by the local planning authority.
      36. Reason: In the interests of visual amenity.

      37. Skips shall not be stacked at the site to a height exceeding 3 metres, unless otherwise agreed in writing by the local planning authority.
      38. Reason: In the interests of visual amenity.

      39. No floodlighting shall be erected on site without prior written approval of the local planning authority.
      40. Reason: In the interests of the amenities of occupiers of nearby properties.

      41. The existing trees and hedgerow around the boundaries of the quarry shall not be lopped, topped, felled or uprooted insofar as they are within the applicant’s control without the prior approval of the local planning authority in writing.
      42. Reason: In the interests of visual amenity.

      43. The planting agreed under approved plan 107/02/RevD shall be implemented during the first planting season (November to February) following the date of this permission, unless otherwise agreed by the local planning authority in writing.
      44. Reason: To ensure that the approved planting has the best possible chance of survival.

      45. Any trees or shrubs planted or required to be retained, which, during the course of the development or for a period of five years following the end of operations, are removed, die, become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species, unless the local planning authority agrees to any variation in writing.
      46. Reason: To ensure as far as possible the maintenance of the planting at the site.

      47. The site shall be restored within 6 months of expiry of this permission in accordance with the approved final level plan no: 89026/RL1 for the site, unless otherwise agreed in writing by the local planning authority. The uppermost metre of fill material shall be free from debris and other solid objects. The subsoil shall be ripped to a depth of 450mm before the topsoil is placed. The topsoil shall then be ripped to its full depth.
      48. Soil handling, cultivation and moving of vehicles and/or machinery over the top and subsoil material shall not take place other than when the soil is dry and friable, and with the minimum of compaction.
      49. Reason: To ensure restoration of high quality can be achieved.

      50. Aftercare of the restored site shall take place for a period of five years in accordance with an aftercare scheme to be submitted to and approved in writing by the local planning authority within five years of the date of this permission, unless the local planning authority agrees otherwise in writing. Such scheme shall specify the steps proposed to be carried out during the aftercare period and make provision for an annual site meeting to discuss and agree detailed aftercare steps necessary on the restored land.

    Reason: To bring the land to the standard required for agricultural use.

    15/02. LANDFILL WITH SUBSOIL AND TOPSOIL WITH RESTORATION TO SHRUB PLANTING AT SANDFORD BRAKE FARM, BLACKBIRD LEYS (APPLICATION P96/W0118/CM)

    (Agenda Item 7)

    In February 1998 the former Planning Sub-Committee had approved an application for this development subject to a legal agreement requiring the developers to provide a footpath across the site. The footpath designation had been pursued at the request of the Oxford City Council but had never been achieved. The development had been carried out without the benefit of planning permission and the Committee now considered a retrospective application for this development (PN7).

    RESOLVED: (on a motion by Councillor Reynolds, seconded by Councillor Hayward and carried by 14 votes to 1, Councillor Dawes voting against) that permission be granted for the development specified in application P96/W0118/CM subject to conditions set out in the Annex to the report PN7.

    16/02. IMPORT AND USE OF INERT WASTE MATERIALS FOR LANDSCAPING AT THE OLD QUARRY, GREENHILL FARM, BLETCHINGDON - APPLICATION NO 00/02393/F

    (Agenda Item 8)

    The Committee considered a report (PN8) which detailed an application to deposit waste material for bunds and landscaping.

    RESOLVED: (on a motion by Councillor Reynolds, seconded by Councillor Turner and carried nem con) that, subject to completion of a Routeing Agreement, planning permission be granted for the proposed development in application number 00/02393/F (as amended) subject to conditions to be determined by the Director of Environmental Services but to include:

      1. End date 31 December 2005;
      2. Infilling only permitted in areas outlined on plan;
      3. Planting undertaken in first available season;
      4. Clean, uncontaminated, inert materials only;
      5. No storage of materials in the floodplain;
      6. Aftercare for five years; and
      7. Limit daily number of lorries to a maximum of 20;
      8. Appropriate haul routes on site.

    Note: Planning informative regarding archaeology.

    17/02. APPLICATION TO CARRY OUT DEVELOPMENT PERMITTED UNDER PLANNING PERMISSION W.96/1449 (FOR THE USE OF THE QUARRY AS A DISPOSAL TIP FOR NON-TOXIC SUBSTANCES) WITHOUT COMPLYING WITH CONDITION 2 IN ORDER TO ALLOW AN EXTENSION OF TIME FOR INFILLING UNTIL THE END OF JUNE 2003 AT ENSTONE QUARRY, CHURCH ENSTONE, OXON. APPLICATION NO W2001/1884

    (Agenda Item 9)

    The Committee considered a report (PN9) which outlined a planning application to extend the time limit for the completion of landfilling and subsequent restoration.

    RESOLVED: that planning permission be granted for Application No. W2001/1884 to allow an extension of time for the completion of infilling until the end of June 2003 at Enstone Quarry, Church Enstone, Oxon subject to the following conditions:

      1. Land to be restored to levels shown on approved plan 91087/R/1 approved under Permission No. 1338/94.
      2. No infilling after 30 June 2003.
      3. Site to be restored by 30 June 2004 and all materials, buildings, plant etc. removed.
      4. No bird attractant waste on site.
      5. Landfill to be phased in an east to west direction.
      6. Capping to be undertaken to required standards.
      7. Soil handling.
      8. Landscaping including additional planting to site boundaries in accordance with previously approved plan.
      9. Tree/hedge protection and retention.
      10. Landscaping implementation.
      11. After care.
      12. No mud on the road.
      13. Provision of a concrete access road between the site entrance and wheel wash and for a further distance beyond the wheelwash.
      14. Hours of operation – ie 7.00-18.00 hours Monday-Friday, 7.00-13.00 hours Saturdays. No Sunday or Bank Holiday working.
      15. No floodlighting unless agreed.
      16. Noise from reversing vehicles to be agreed.
      17. Measures to be put in place to ensure no wind blown material leaves the site.

    18/02. PROPOSED ENFORCEMENT ACTION FOR UNAUTHORISED DEPOSIT OF WASTE ON LAND ADJACENT TO CUTT MILL, CUXHAM

    (Agenda Item 10)

    The Committee considered a report (PN10) which related to the unauthorised use of land at Cutt Mill for the deposit of waste.

    RESOLVED: (on a motion by Councillor Reynolds, seconded by Councillor Hayward and carried nem con) to authorise the service of an Enforcement Notice requiring:

        1. cessation of deposit of waste – within one day of the date that the Notice took effect;
        2. removal of all waste materials from the site – within two months of the date that the Notice took effect;

    restoration of the site to its former condition – within three months of the date that the Notice took effect.

    19/02. DELEGATION OF ENFORCEMENT

    (Agenda Item 11)

    The Committee considered a report (PN11) which set out a proposed change to the delegation of enforcement powers to the Director of Environmental Services in order to effect a speedier process for serving notices.

    Councillor Sibley moved and Councillor MacKenzie seconded that the officer recommendations as set out in paragraph 8 be approved subject to sub-paragraph (2) being amended to read as follows:-

    "(2) prior consultation with the Chair/Chairwoman/Chairman, the Deputy Chair/Chairwoman/Chairman and the spokesperson for the third of the main political groups of the Planning & Regulation Committee; and with the appropriate local member(s)."

    The motion was put to the Committee and lost by 8 votes to 7.

    Councillor Reynolds then moved and seconded by Councillor Mrs Ludlow that the officer recommendation as set out in paragraph 8 be adopted.

    The motion was put to the Committee and -

    RESOLVED: (by 8 votes to 7) that the Director of Environmental Services be authorised to exercise enforcement powers in the terms set out below in (in substitution for those set out in paragraph (l) of Section L, Part (9)D of the Interim Constitution):

    "Initiating the following enforcement action in any particular case:

    (i) the service of an enforcement notice; and/or

    (ii) service of a stop notice; and/or

    (iii) applying for an injunction;

    subject in each case to:

      1. the Director being satisfied that in all the circumstances it is expedient for such action to be taken having regard to the development plan and other material considerations, and in the case of a stop notice and/or injunction that such action be taken urgently in order to limit or prevent material damage to the environment or prejudice to planning policies;
      2. prior consultation with the Chair/Chairwoman/Chairman of the Planning & Regulation Committee, or in his/her absence the Deputy Chair/Chairwoman/Chairman, or in the absence of both of them, the Chair/Chairwoman/Chairman of the Council, and with the appropriate local member(s).

    20/02. DELEGATION OF FUNCTIONS UNDER SECTION 46A OF THE MARRIAGE ACT 1949

(Agenda Item 12)

The Committee had before them a report (PN12) which set out a proposed change to the delegation of functions exercised by certain officers following structural departmental changes and subsequent officer responsibilities.

RESOLVED: that the Council’s functions under Section 46A of the Marriage Act 1949, with the exception of the determination required in sub-section (2)(f), be delegated to the Director for Business Support.

in the Chair

Date of signing 2002

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