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ITEM PN5

PLANNING & REGULATION COMMITTEE –
29 NOVEMBER 2004

COUNTY COUNCIL PLANNING APPLICATIONS

ALTERATIONS AND EXTENSIONS TO EXISTING MAGISTRATES COURT, DEMOLITION OF EXISTING GARAGE AND ALTERATIONS TO EXISTING CAR PARK LAYOUT, NORTHERN OXFORDSHIRE MAGISTRATES COURT, THE COURTHOUSE, WARWICK ROAD, BANBURY

Application No: C.17/02 District Council area: Cherwell

Introduction

1. An application for this development, which involved a number of extensions to the side and rear of this building and various internal alterations to improve the layout of accommodation, was submitted in September 2002. Consultation responses, including neighbour notification, raised no objections to the development and a decision notice was issued, under delegated powers, on the 4 November 2002.
2. Work commenced on site last year and in July this year, a local resident in Arran Grove, immediately to the rear of the site, contacted the office concerned about the height of one of the rear extensions (the new van dock). The architect subsequently submitted an amended plan to increase the height of the van dock (by 450mm). The neighbour was consulted and agreed to the amended scheme. A subsequent further increase in height (by 200mm) was requested as an amendment to which the neighbour has objected.
3. The reason for bringing this proposal to you is to seek a determination on the proposed amendment given that there is a local objection to it.

Location (see plan) (download as .doc file)

4. The magistrates court is situated on the north side of the Warwick Road alongside the police station in Banbury. The junction of the Warwick Road with Southam Road is about 40m to the east with Banbury Cross about 300 metres to the south.
5. There is a residential estate located immediately to the north.

Relevant site features (see plan)

6. The magistrates court is a fine old Victorian building built in stone with a slate roof. It is not listed. To the rear of the building an existing garage is to be removed as part of the development and a new van dock built almost up to the rear boundary of the site. The distance between the van dock and the rear boundary wall varies between 1 metre and half a metre. The boundary backs onto the rear gardens of properties in Arran Grove. The rear elevation of the nearest property in Arran Grove is just over 15 metres from the van dock extension.

Background/History

7. Permission for the whole scheme was granted in November 2002 with an amendment to the height of the van dock (increasing it by 450mm) to the rear of the courthouse agreed in July this year. A subsequent amendment (to increase it by a further 200mm) has been opposed by a local resident. Subsequent objections have also been received from the resident’s two neighbours in Arran Grove.
8. During the course of my discussions with the neighbour and the architect it became apparent that the plans depicting the existing rear elevation, submitted as part of the original application, were not accurately drawn. Although the original proposed height of the van dock, 5 metres, was accurate, its position in relation to features (e.g. windows) on the rear elevation was not. The objector, on being consulted originally, used the position of the windows on the rear elevation in relation to the roof of the van dock, to gain a view of the height of the van dock. The plans indicated that the roof of the van dock would only reach the cill of one of the windows on the rear elevation. In fact, the approved height of the van dock meant that the roof would come half way up the window. If the objector had known this at the time, he has indicated that he would have objected to the original application which would have then come before this Committee for decision, rather than being determined under delegated powers.

Relevant Planning Policies

9. Oxfordshire Structure Plan 2011 (adopted August 1998):

G2 Development to be of a scale and type appropriate to its site and surroundings, include a high quality of design, layout and landscaping and help to reduce need to travel and encourage alternatives to car use.

EN1 The nature, size, location or cumulative effects of a development should not have an unacceptable environmental impact.

Oxfordshire Structure Plan 2016 (deposit draft September 2003):

G2 Development to be of a scale and type appropriate to its site and surroundings, include a high quality of design, layout and landscaping and help to reduce need to travel and encourage alternatives to car use.

Cherwell Local Plan (adopted November 1996):

C28 The layout, design and external appearance, including materials, of all new development will be sympathetic to the character of the context of the development. In sensitive areas development will be required to be of high standard and traditional building materials will normally be required.

Cherwell Local Plan 2011 (Revised Deposit Draft September 2002):

EN1 The likely impact of a proposal on the natural and built environment will be considered and enhancement opportunities will be sought whenever possible. Development which would have an unacceptable environmental impact will not be permitted.

Consultations/Representations

10. There were no objections to the original planning application.
11. Objections have been received from 3 neighbours to the amended proposal. They consider the height of the amended van dock would have an overbearing impact on their property and result in loss of light. In addition, they all indicate that they would have objected to the original application had they known that the van dock was to be so high.

Comments of the Head of Sustainable Development

12. This is an attractive Victorian building. The approved extensions and alterations will greatly improve accommodation within the courthouse and the additions have been carried out in a way which does not detract from the character of the building.
13. It is often the case that, once a scheme has been granted planning consent, and work commences on the ground, circumstances arise which require amendments to the approved plans. Normally these would be dealt with by exchange of correspondence (and plans) with the project architect. However, on some occasions, where it is considered that the amendment proposed may well have an impact on an adjoining property, a further consultation exercise is undertaken to inform affected local residents of the detailed changes to the scheme and allow them the opportunity to inspect and comment on the revised proposals. That is what happened here.
14. As a result the initial amendment was viewed by the local resident who raised no objections. However, the second amendment did raise an objection and also the issue about the accuracy of the original existing elevational drawings and the charge by the residents that they had been misled over the proposed height of the van dock extension.
15. It is regrettable that the residents feel they were misled as it was certainly not the intention to do that. The proposed extension, whether seen against the accurate or inaccurate existing rear elevation plans, was always proposed to be 5m high. The latest amendment, would take the extension 565mm above the original approved height, and 200mm above the agreed amended height. Given that the neighbour was prepared to accept an extension measuring 5.45m in height, I consider that a further 200mm would not have any noticeable greater impact on his property. The finished extension would still be built below the eaves level of the main courthouse building and in my view would not have any significant impact in terms of loss of light.

Conclusion

16. It is my view that, this amended proposal, would have a minimal impact on the neighbouring properties compared to the scheme already agreed.

RECOMMENDATION

17. The Committee is RECOMMENDED to approve the amendment to Application No. C.17/02 to increase the height of the proposed van dock by 200mm from the agreed amended height of 5.45m.

Contact Officer: John Hamilton Tel: 815584 File Ref: 8.1/4540/47

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