To Members of the Planning & Regulation Committee |
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 |
|
|
Notes:
· Date of next meeting: 1 September 2008
· Site visits are required for Items 6 and 9. Members are asked to meet as follows:
Ø Minster Lovell - 9.45 am on site
Ø Thrupp Lane, Radley - 11.30 am at the site entrance (as shown on the plan at Item 6)
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
(See Addenda)
2. Declarations of
Interest – see guidance
note
3. Minutes
To approve the minutes of the meeting held on 19 May 2008 (PN3) and to receive for information any matters arising therefrom.
4. Petitions and
Public Address
(See Addenda)
5. Application for
the Extraction of Sand and Gravel with Associated Processing
Plant, Silt Ponds, Conveyors and Ancillary
Works. Restoration to Wetland/Reedbed and
Fishing. Extraction of Basal Clay to form
Hydrological Seals and for the Purposes of Restoration
on Site Stonehenge Farm, Northmoor - App No 07/0111/P/CM
(See also Addenda)
Report by the Head of Sustainable Development (PN5).
At its meeting on 19 May 2008 the Planning & Regulation Committee deferred consideration of an application to extract 1.55 million tonnes of sand and gravel from a 31 hectare site pending publication and consideration of reports on flooding. These issues have now been considered and officers have concluded that the development is acceptable in terms of flood risk.
It is RECOMMENDED that:
(a) subject to:
(i) a legal agreement, covering (a) long term management of the site and its funding and funding of the wider Lower Windrush Valley Project through contributions per tonne of mineral extracted, including a permissive right of way and bird hide (b) bird management and (c) monitoring of routeing; and
(ii) a routeing agreement requiring that traffic to and from the development use only the approved route through Dix Pit, west along the B4449 and north along the A415;
that planning permission for the development outlined in Application 07/0111/P/CM be approved subject to conditions to be determined by the Head of Sustainable Development but to include those matters set out in Annex 1 to the report to the 19 May Planning & Regulation Committee; and
(b) if the legal agreement referred to in (i) 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 policies M1 or T8 in that:
(i) there would be no satisfactory provisions for the long term management of the restored site;
(ii) that there would be bird strike risk;
(iii) that the development would not be acceptable in transport terms as lorry movements would damage local amenity.
6. Continuation of
the Development of land for Extraction Of Sand and Gravel, Erection of Plant
without Complying with Condition 25 (of Planning Permission
RAD/3963) (The Variation of that Condition to extend the Development for Five Years at Thrupp Lane, Radley. Application No. RAD.3963/4-CM
(See also Addenda)
Report by the Head of Sustainable Development (PN6).
This application is for the continuation of sand and gravel extraction within Thrupp Lane Quarry, Radley and was due to be considered at the 19 May 2008 Planning & Regulation Committee but was withdrawn from the agenda at the request of the applicant to allow time for further discussion regarding conditions. Some minor changes have been made to the conditions and these are detailed in the report.
Condition 25 of the previous permission on the site required that the extraction cease by 31 December 2007, but there are remaining reserves and this application has been made in order to provide time for them to be worked. The application is for an additional five years. However, it is considered that the remaining reserves will only take one year to work and therefore it is recommended that permission is only granted for that length of time. The applicant has been importing sand and gravel from elsewhere in the county and processing it at the processing plant on site rather than digging gravel at the site for processing. Therefore, the applicant has not completed extraction at the quarry. The importation operation has not been applied for through this application and, therefore, would not be permitted by any permission granted for further extraction. There has been local concern relating to the effect of the development on amenity. These issues can be addressed through the use of planning conditions. There has also been concern over the condition of Thrupp Lane and its suitability for lorries. The applicant is not responsible for all of the HGV traffic on the lane and Transport Development Control have requested highways contributions for repairs works based on the level of use by the applicant. Contributions could be sought through a legal agreement. Subject to this agreement, a limitation on the duration to one year only and appropriate conditions, this application accords with development plan policies relating to supply of minerals, protection of the environment and traffic. Therefore, this application is recommended for approval.
It is RECOMMENDED that:
(a) subject to:
(i) an ecological survey being completed demonstrating that there is no significant harm to the biodiversity interest or that any significant adverse effects of the development can be adequately mitigated;
(ii) protected species surveys being completed and showing either that no protected species are present on site or that any adverse effects of the development upon them can be adequately mitigated;
(iii) the incorporation into the application of such mitigating measures identified under (i) and/or (ii) above as may be approved by the HSD;
(iv) the incorporation into the application of a restoration scheme that takes into account any mitigating measures identified under (i) and/or (ii) above;
(v) provision of a Planning Obligation to secure a contribution of £10 200 towards the maintenance of Thrupp Lane;
that the Head of Sustainable Development (HSD) be authorised to grant planning permission for application RAD/3963/4-CM subject to conditions to be determined by HSD dealing with matters to include those set out in Appendix 2 to the report;
(b) that the Head of Sustainable Development be authorised to refuse the application if:
(i) the ecological survey referred to in (a)(i) above is not completed within 10 weeks of the date of this meeting, on the grounds that the application would not comply with OMWLP policy PE18 (in that appropriate ecological surveys would not have been submitted in line with the Code of Practice ); or
(ii) the restoration plan referred to in (a)(iv) above is not submitted within 14 weeks of the date of this meeting, on the grounds that the application would not comply with OSP policy M1 (in that there would not be adequate restoration proposals for the site); or
(iii) the surveys referred to in (a)(i) or (a)(ii) above show that there would be significant harm to the biodiversity interest or to protected species or that the effects of the development cannot be adequately mitigated, on the grounds that the application would not comply with PPS9 (in that there would be harm to the biodiversity interest.); or
(iv) the Planning Obligation referred to in (a)(v) above is not signed within ten weeks of the date of this meeting on the grounds that the application would not comply with OSP policy T8 (in that there would not be adequate mitigation of adverse transport impacts).
(c) that an application to retain the plant site for a period sufficient for negotiations to be concluded on its possible use to process sand and gravel from the Neot Field ROMP site (Neot Field) be invited but not to process road imported sand and gravel.
7. Deposit of
Non-Hazardous waste Including Surcharging The existing Landfill, Extending the
Duration of Landfill And Clay Extraction Operations, Temporary
Storage of PFA and Ancillary Activities Relating to
Restoration at Sutton Courtenay Landfill Site. Application
SUT/616/59-CM
(See also Addenda)
Report by the Head of Sustainable Development (PN7).
This application is for development at Sutton Courtenay landfill site. It includes the extension of duration of landfilling operations, raising topographical levels to which waste can be deposited and the storage of pulverised fuel ash (pfa) to be subsequently used as in engineering work. The application also proposes a change to the end date for clay extraction, extension to the duration of an internal haul road, changes to the restoration scheme and changes to the approved scheme for the installation of landfill gas pipelines. The changes in the topographical levels are proposed as it is anticipated that the waste will settle more than was originally thought. Therefore the waste has to be tipped higher to achieve the same post-settlement levels. The application also proposes changes to the topography of the restoration landform to ensure that rain water can drain from it and not percolate through the surface into the waste, creating leachate. This is in accordance with Environment Agency guidance.
It is proposed to import up to 400 000 tonnes of pfa from Didcot Power Station until its closure in 2015 and stockpile the material in a landfill cell. The pfa would then be used throughout the course of the development for landfill engineering works. The proposals have drawn support from Radley Parish Council, Save Radley Lakes and a local resident of Radley as it may mean that there is no need to dispose of pfa at Radley.
The application is considered to be in accordance with policy on waste management and clay extraction. There has been one objection to this application from a local Parish Council, which states that the existing time limit should be adhered to as the landfill operations have an unacceptable impact on the local area. However, it is considered that as this is an established landfill site with established controls and procedures for reducing nuisance, potential problems can be minimised by conditions, management and communication through the liaison committee.
It is RECOMMENDED that:
(a) subject to a formal legal agreement, or other suitable legal mechanism, to be agreed by the County Solicitor to;
1. route most vehicles via the southern access to the site, to the A4130 and onto the A34;
2. make contributions to the Didcot Integrated Transport Strategy;
3. road borne waste not to be received from outside the hinterland;
4. pay for administration of the agreement;
5. to pay a levy towards the provision of sustainable waste management facilities in Oxfordshire;
6. make provision for long term management of the restored site; and
7. make provision for rights of way;
that planning permission for the development proposed in Application SUT/616/59-CM be granted subject to conditions to be determined by the Head of Sustainable Development but to include those in accordance with the heads of conditions set out in Annex 1 to the report;
(b) in the event that the legal agreement and routeing agreements referred to in (a) above are 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:-
1. OSP policy WM2 (in that the development would not accord with the proximity principle if the source of waste was not restricted);
2. OMWLP policy PE12 (in that the applicants have not sought public access or secured long term management of restored site); and
3. OSP policy T8 (in that the applicants have not mitigated against adverse transport impacts.)
8. Application to Continue the Development of Finmere Quarry Landfill Site without Complying with Condition 7 of Planning Permission No 00/01480/CM (so as to
substitute or impose a new scheme of
working cells, new directions of working and to permit the filling of cells
before previous cells have been restored) Application 07/00650/CM
(See also Addenda)
Report by Head of Sustainable Development (PN8)
This is an application to revise the phasing of a permitted landfilling operation to enable over-tipped waste to be redistributed to untipped areas of the site so that permitted land levels can be achieved. The application would involve excavating and redepositing waste. The application has been submitted to enable the applicant to comply with an Enforcement Notice served by Oxfordshire County Council on 23/12/2005 relating to the over-tipping of the Landfill Site. The main issues are compatibility with landfill restoration policies and whether the potential environmental impacts of excavating the waste are acceptable. The rephasing would enable the landfill to be restored to an acceptable landform. However, the Environment Agency has objected to the proposal because there would be the potential for landfill gases to escape when excavating the waste that could pose a potential health risk to, and an adverse amenity effect on, the local population.
The officer recommendation is for the refusal of this application but to retain the Enforcement Notice to require removal of the over-tipped waste unless and until an application to retain the waste is approved. To achieve the above it is necessary to invite an application for retention of the current levels and to secure restoration.
It is RECOMMENDED that:
(a) planning permission be refused for the development proposed in Application 07/006550/CM for the following reason:
That the proposed development is contrary to MWLP policy W7 (b) and CLP policy ENV1 and NSCLP policy EN3 in that it would damage and disturb the health and amenity of local residents by reason of smell and gas;
(b) a planning application be invited to retain the over-tipped waste and modify restoration of the site; and
(c) the Enforcement Notice be retained unless and until planning permission is obtained for retention of the over-tipped waste.
9. Application for Extension of Existing Waste Reycling Facility to Accommodate New Plant, Building, Vehicle Parking/Skip Storage Area and Weighbridge at B&E
Transport, 115 Minster Lovell Road, Witney. Application No. 08/0220/P/CM
(See also Addenda)
Report by Head of Sustainable Development (PN9)
An application has been made to extend an existing waste transfer site to increase recycling rates and improve the organisation of the site. A new building would house a trommel for separating wastes and there would be a new area for lorry and skip parking. It is proposed to recycle and transfer 15,000 tonnes of commercial and industrial waste a year.
The key issues are whether the development accords with general development standards, whether it is needed and whether environmental impacts, including traffic are acceptable. It is considered that subject to controls on traffic, noise barriers, hours of operation and dust the proposed development would be acceptable.
It is RECOMMENDED that:
(a) subject to:
(i) a protected species survey demonstrating that there are no protected species or that any adverse effects of the development can be satisfactorily mitigated;
(ii) the incorporation into the application of such mitigating measures as may be approved by the Head of Sustainable Development;
that the Head of Sustainable Development be authorized to grant planning permission for the development proposed in Application 08/0220/P/CM subject to conditions to be determined by him but to include:
1. compliance condition;
2. standard operating hours;
3. limitation of traffic movements to 50 average, 70 maximum, per day;
4. acoustic fencing in 3 areas on boundaries of the site;
5. specific tipping area (behind acoustic fence);
6. dust suppression measures;
7. noise limit of 53 dB LAeq 1 hour;
8. implementation of any mitigating scheme for protected species.
(b) the Head of Sustainable Development be authorised to refuse the application if:
1. the protected species survey referred to in (a)(i) above is not completed within 10 weeks of the date of this meeting, on the grounds that it would not comply with MWLP policy PE18 (in that appropriate ecological surveys would not have been submitted in line with the Code of practice); or
2. the protected species survey referred to in (a)(i) shows that there would be significant harm to the biodiversity interest or that the effect of the development cannot be satisfactorily mitigated on the grounds that it would be contrary to OSP Policy EN2 (in that protected species would not be protected).
10. There is no item 10. This item has been rescheduled to a later meeting.
11. Development Proposed: The Continuation of (Change of Use from Highways depot to Youth Centre, Ref: V.09/06. Granted 15/01/07) Without Complying with Condition 5 (which required that: a footway shall be provided on the south side of Highworth Road from Westland Road as far as the site access within one year of commencement of the development herby permitted) to provide: 1. New Pedestrian Crossing 2. new Footpath Link to Youth Centre Site 3. Resurfacing of Existing Footway 4. Six New Street Lights and 5 a 50 Metre extension to the 30 mph Zone on Highworth Road (Amended to relocate original position of the new pedestrian crossing). Faringdon Youth Centre, Highworth Road, Faringdon.
Application No V.06/08
Report by Head of Sustainable Development (PN11)
In January 2007 the Planning & Regulation Committee granted planning permission for the change of use of a building, located to the front of Faringdon Highways Depot to a youth centre. Condition 5 of that permission required the provision of a footpath on the south side of Highworth Road, linking the youth centre to the built-up area of Faringdon to the east. This application is for the development to proceed but without complying with condition 5 of the original planning permission. The application proposes alternative highway safety measures to the provision of the footpath. Objections have been received to the application from the District Council and a local resident. These objections are summarised in the report, along with the responses from other consultees.
The Committee is RECOMMENDED to approve Application Number V.06/08 for the continuation of the development approved under permission no. V.09/06 (change of use from highways depot to youth centre, granted on 15 January 2007) without complying with condition 5 (which required that a footway shall be provided on the south side of Highworth road from Westland road as far as the site access within one year of commencement of the development hereby permitted) 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, which includes the following;
· New pedestrian crossing;
· New footpath link to youth centre site;
· Resurfacing of existing footway;
· Six new street lights (to be low energy and high efficiency lamps with hooded lanterns); and
· A 50 metre extension to the 30 mph zone on Highworth Road.
2. detailed duration – 3 years – that the development shall commence within 3 years of the date of the permission.
3. that the hours of operation of the Youth Centre should be between 09.00-18.00 hours weekdays with two evening sessions per week ending at 22.00 hours unless otherwise agreed in writing by the Head of Sustainable Development.
4. that the number of people in attendance at the Youth Centre at any one time be restricted to a maximum of 60.
12. Demolition of
Existing Temporary Classroom and Erection of a New Building to Provide: a
New School Hall, IT Room, Kitchen, Storage, Cloaks and
Toilet Accommodation and Other Associated External
Works and Internal Alterations to Change Existing
Hall to New Classroom at Launton Primary School.
Application C.06/08
(See also Addenda)
Report by Head of Sustainable Development (PN12)
This report describes an application for the erection of a new building to provide a new school hall, teaching and other associated accommodation at Launton CE Primary School. The proposal also involves the demolition of an existing temporary classroom building. An objection has been received to the application from a local resident who lives opposite the site of the new hall building.
The Committee is RECOMMENDED to approve Application Number C.06/08 for the demolition of existing temporary classroom and erection of a new building to provide: a new school hall, IT room, kitchen, storage, cloaks and toilet accommodation and other associated external works and for internal alterations to change existing hall to new classroom at Launton Primary School, 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) Detailed duration – 3 years – that the development shall commence within 3 years of the date of the permission.
(3) Approval of external materials – that samples of the external materials proposed to be used shall be submitted to and approved in writing by the Head of Sustainable Development prior to the commencement of development.
(4) 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.
(5) Landscaping – that the site be landscaped and planted with replacement trees in accordance with a comprehensive planting and landscaping scheme to be agreed in writing by the Head of Sustainable Development prior to the commencement of development.
(6) Landscaping implementation – that all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting season following the occupation of the buildings or the completion of the development, whichever is the sooner.
(7) Replacement fencing – that the final details (including location) of new fencing on the site should be submitted to and approved in writing by the Head of Sustainable Development prior to the commencement of development.
(8) Drainage – that a detailed scheme for the sustainable management of all foul and surface water drainage shall be prepared and submitted to and approved in writing by the Head of Sustainable Development prior to the commencement of development.
(9) Vegetation removal – no vegetation removal should take place during the bird breeding season (March-August inclusive). If any trees/and or bushes need to be removed before September they will need to be checked by an ecological consultant immediately prior to removal.
Community use informative – Should the school wish to make a wider community use of the development on a regular basis they are advised to submit a planning application which would go through the usual planning process.
Archaeological informative – If archaeological finds do occur during development, the County Archaeologist shall be notified in order that he may visit the site and advise as necessary.
Ecological informative - If any protected species are found at any point during works, all work should cease immediately. Work should not recommence until a full survey has been carried out, a mitigation strategy prepared and a licence obtained (if necessary) in discussion and agreement with Natural England.
13. Planning
Application Validation Checklists
(See also Addenda)
Report by Head of Sustainable Development (PN13)
Local Planning Authorities are being requested by national government to draw up a Local Validation Checklist for use in the determination of planning applications within their local area. This process is linked to the government’s introduction of a new standardised national planning application form, known as 1APP, as from April this year. In October 2007 the Planning & Regulation Committee authorised the drawing up of a Local Validation List and the content of that List has now been the subject of an extensive consultation exercise. The report considers the responses received.
The Committee is RECOMMENDED to:
(a) adopt a set of Local Validation Checklists for use in the development control planning process as set out in Annex 2 to the report; and
(b) authorise the Head of Sustainable Development, in consultation with the Chairman of the Planning & Regulation Committee, to make any text changes to the validation checklists as and when required.
14. Commons Act 2006: In the Matter of an Application to Register The Mercury Close Play Park, Bampton in Oxfordshire as a Town or Village Green
Report by County Solicitor and head of Legal Services & Democratic Services (PN14)
In October 2006 an application was made by Mr Paul Simmons, Mr Gary Gummer and Ms Rosa Snow, for registration of the Mercury Close Play Park, Bampton in Oxfordshire as a Town or Village Green under the Commons Act 2006.
The Council is the Commons Registration authority with statutory responsibility for determining such applications.
The County Council received objections to the application from the relevant landowner, the Bampton Parish Council. Further submissions in writing were requested of the applicants and the objectors and an independent barrister was appointed in order for the evidence to be assessed and an objective recommendation to be made to the County Council as to whether the application should be approved.
The inspector has now prepared his report which comprises the basis for this report and the recommendation set out in it. The Planning & Regulation Committee are responsible for determining the application, which they are now requested to do.
The Committee is RECOMMENDED to REJECT the application for registration of the Mercury Close Play Park, Bampton as a new town or village green pursuant to the Commons Act 2006 as described in the application dated 31 May 2007 by Mr Paul Simmons, Mr Gary Gummer and Ms Rosa Snow for the reasons given in the Inspector’s Opinion dated 5 March 2008 and his Report dated 27 May 2008.
15. Commons Act
2006: In the Matter of an Application to Register The Millenium Village Green, Letcombe Regis
in Oxfordshire as a Town or Village Green
(See also Addenda)
Report by County Solicitor and head of Legal Services & Democratic Services (PN15)
In April 2008 an application was made by Mrs Wendy Robinson of Letcombe Regis Parish Council for registration of the Millennium Village Green, Letcombe Regis in Oxfordshire as a Town or Village Green under the Commons Act 2006. The land is owned by the Letcombe Regis Parish Council.
The Council is the Commons Registration authority with statutory responsibility for determining such applications.
The Commons Act 2006 contains a new power for a landowner to register its own land as a Town or Village Green. If certain conditions are satisfied the Council must register the land as a new Town or Village Green.
There are no delegated powers to officers to determine such an application and therefore the Planning & Regulation Committee are requested to determine the application.
The Committee is RECOMMENDED to APPROVE the application for registration as a new town or village green pursuant to the Commons Act 2006 of the Millennium Village Green, Letcombe Regis as described in the application by Mrs Wendy Robinson dated 15 April 2008 pursuant to section 15(8) Commons Act 2006.
Pre-Meeting Briefing There will be a pre-meeting briefing at County Hall on Thursday 17 July 2008 at 10.00 am for the Chairman, Deputy Chairman and Opposition Group Spokesman. |