Agenda and minutes

Planning & Regulation Committee - Monday, 19 October 2009 10.00 am

Venue: County Hall

Contact: Graham Warrington  Tel: (01865) 815321; E-Mail:  graham.warrington@oxfordshire.gov.uk

Items
No. Item

53/09

Apologies for Absence and Temporary Appointments

54/09

Declarations of Interest - see guidance note opposite

55/09

Minutes pdf icon PDF 100 KB

To approve the minutes of the meeting held on 14 September 2009 and to receive for information any matters arising therefrom

56/09

Petitions and Public Address

57/09

Planning Applications for Energy from Waste Incinerators - Covering Report pdf icon PDF 104 KB

The following two reports 5(a) and 5(b) set out two separate planning applications for energy from waste incinerators: by Viridor at Ardley and by Waste Recycling Group at Sutton Courtenay.  The covering report sets out some common background between the two proposals, in terms of the reasons why the applications have been submitted now, the drivers behind the need to divert residual waste from landfill, the planning policy context  and in terms of the regulatory process involved.

 

Application For:

 

(a)       The Construction and Operation of an Energy from Waste (EfW) Facility together with Associated Office, Visitor Centre and Bottom Ash Recycling Facilities, New Access Road and Weighbridge Facilities and the Continuation of Non Hazardous Landfill Operations and Landfill Gas Utilisation with Consequent Amendments to the Phasing and Final Restoration Landform of the Landfill, Surface water Attenuation Features and Improvements to the Exisiting Household Recycling Facility at Ardley Landfill Site, Ardley Fields farm, Ardley – Application 08/02472/CM

 

Report by the Head of Sustainable Development (PN5(a))

 

This is an application for an Energy from Waste (EfW) facility and associated development together with changes to the landfill operation and improvements to the existing household recycling facility (HWRC) at Ardley landfill site.  The proposed facility would process 300,000 tonnes of municipal and commercial and industrial waste per year. The waste is proposed to come primarily from within Oxfordshire together with some from adjoining counties. The EfW building would be 229 metres long with a maximum width of 70 metres and a maximum height of 36 metres.  The chimney stack would be 82 metres high. 

 

The key planning issues are site specific waste policy and management issues, strategic location of the EfW plant against planning/transport criteria for waste management facilities, landscape and countryside impacts and amenity/impacts on local people.  There are some policy and other matters that are common to this application and to the Sutton Courtenay EfW application. The covering report to both of these proposals addresses these issues. It explains the context within which the need for waste management facilities to divert waste from landfill arises.

 

The application has attracted many responses from local people that raise a range of concerns. The report takes all of these views into account together with those received from consultees and other interested parties.

 

The development broadly accords with waste management policy as it proposes a facility to deal with Oxfordshire’s residual waste within the county.

 

However, there is conflict with policies which seek to prevent permanent built development in the countryside. The proposal would have impacts on local amenity but it is possible to limit these.

The report concludes that the need for a waste treatment facility to serve Oxfordshire, and the appropriateness of the location in relation to the strategic road network, outweighs the conflict with policies relating to landscape and countryside.

 

It is RECOMMENDED that:

 

(a)       subject to legal agreements to cover the following matters:

 

(i)                 limitation on waste import to the site from outside the County to allow:-

all  ...  view the full agenda text for item 57/09

Additional documents:

58/09

Extension of Temporary Consent for Continued Use of Site as a waste recycling Centre Until 30 September 2014 at Dean Pit Waste recycling Centre, Grove Lane, Chadlington, Oxfordshire OX7 3JY - Application R3.0125/09 pdf icon PDF 5 MB

Report by Head of Sustainable Development (PN6).

 

This application is made by Oxfordshire County Council (as the waste disposal authority) to retain an existing Household Waste Recycling Centre at Dean Pit, Chadlington for a further period of five years until 30 September 2014. The current planning permission expires on 30 September 2009. No changes to the current operations at the site or its hours of opening are proposed. Objections to the application have been received on the grounds that: the site is inappropriate within the AONB; the site impacts on the amenity of neighbouring residents; the local highway network is inappropriate to serve the site and alternative sites are available and have not been assessed. Full details of these objections and the comments of other consultees are summarised in the report.

The Committee is RECOMMENDED to approve Application Number R3.0125/09 for the extension of temporary consent for continued use of site as a waste recycling centre until 30 September 2014, subject to conditions to be determined by the Head of Sustainable Development to include the following matters:

 

1.      That the development must be carried out strictly in accordance with the particulars contained in the application and the plans accompanying subject to conditions below.

2.      Temporary permission – that at the expiration of a period ending on 30 September 2014 the use specified be discontinued. The site shall be restored to agricultural use by 30 September 2016.

3.      Hours of use – the hours of use of the site shall be restricted to the following times:

·                    Operating hours to be between the hours of 7.30am to 8.30pm (1 April – 30 September)

·                    Public opening hours to be between the hours of 8.00am to 8.00pm (1 April – 30 September)

·                    Operating hours to be between the hours of 7.30am to 5.30pm (1 October – 31  March) 

·                    Public opening hours to be between the hours of 8.00am to 5.00pm (1 October – 31 March)

No operations on Christmas Day, Boxing Day or New Year’s Day.

4.      That the details of the routes used by Heavy Goods Vehicles accessing the site shall be submitted to and approved by the  Head of Sustainable Development in consultation with Transport Development Control within one month of the date of this permission.

5.      Landscaping – that a scheme for replacement tree and shrub planting on the western boundary of the site shall be submitted to and approved by the Head of Sustainable Development within 1 month of the date of this permission.

6.      Landscaping implementation – that all planting comprised in the approved details of landscaping shall be carried out in the first planting season following the date of this permission.

 

                                                                    

 

Minutes:

The Committee considered (PN6) an application to retain an existing Household Waste Recycling centre at Dean Pit, Chadlington for a further period of 5 years until 30 September 2014.

 

Adrian Tremlett (Chadlington Parish Council) referred to the impact of this site on local communities.  It was generally accepted that waste operations such as this one were better sited near large centres of population whereas this site was in a rural area served by narrow single carriageway roads through small villages.  The site accepted a large percentage of green waste which needed to be transferred for composting elsewhere.  Furthermore as the site was in the AONB there was a responsibility to show that no alternative site was available and this had not been done.  He asked the Committee to protect local interests and reject the application.

 

Lord Chadlington accepted provision of such facilities was essential but this site was not suitable.  There had been a lot of opposition expressed to this extension and he advised that following restoration of the former landfill site this was now a Greenfield site.  This was the fourth renewal, which suggested that the County Council should be looking for an alternative site but that did not seem to be the case.  He accepted that the site was well used but if no alternative sites were being considered that would always be the case. To extend the permission for a further 5 years flew in the face of current policies and he urged that an alternative site in a more convenient location with safer access outside the AONB should be found.

 

Responding to questions from members of the Committee Mr Pickard confirmed that no alternative sites had been considered and advised that he had not been aware that there had been that number of renewals.  An extension was required as the current permission expired on 30 September.  He further advised that it could take 2 to 3 years to find an alternative site.

 

Councillor Owen expressed concern that no alternative sites had been considered and over the number of extensions to this temporary permission.  Although there had been no real objection to this facility 20 years ago the traffic impact was now so serious it presented a real safety risk and roads locally were deteriorating.  He moved that the officer recommendation be approved subject to the extension of the temporary consent being reduced to three years and any further permission to exclude the words “where there is a need for the facility”.

 

The motion was seconded by Councillor Seale.

 

Councillor Owen with the agreement of his seconder then accepted an amendment by Councillor Sanders seconded by Councillor Hannaby that temporary consent be granted for two years and not three.

 

The substantive motion was then put to the Committee and it was –

 

RESOLVED (13 votes to 1) to approve Application Number R3.0125/09 for the extension of temporary consent for continued use of the Dean Pit, Chadlington Household Waste Recycling centre until 30 September 2011, subject to  ...  view the full minutes text for item 58/09

59/09

Retrospective Application for Building Supplies Compound and Importation of Aggregates for Sale from Site at East Quarry, Duns Tew - Application 09/01105/CM (Cherwell) and 09/0996/P/CM (West Oxfordshire) pdf icon PDF 2 MB

Report by Head of Sustainable Development (PN7)

 

This is a retrospective application seeking consent for a compound for the storage of building supplies and for the import of aggregate at Horsehay Quarry, Duns Tew. These activities are carried out in association with the permitted sand extraction at the quarry and are proposed to be temporary for the life of the quarry. There have been no objections from local residents to the proposal but the application is being reported to this committee as Cherwell District Council have objected. The grounds of objection are that  they do not consider it to be necessary for the activities to be carried out by the quarry and it results in a new employment generating site in an unsustainable location. The report outlines the objection along with the other consultation responses received.  The existing routeing agreement attached to this site is to be retained.  The conclusions of the Head of Sustainable Development, taking account of the representations received, and relevant development plan policies are included.

 

It is RECOMMENDED subject to compliance with the existing routeing arrangement that planning permission for application 09/01105/CM 09/0996/P/CM be granted subject to conditions to be determined by the Head of Sustainable Development but to include those matters set out below:

 

1.                  Detailed compliance is in complete accordance with plans and particulars

2.                  Detailed duration - development to commence within 3 years

3.                  Development to end at the same time as the quarry operations – 2018

4.                  A 15 metre stand-off area between the storage and processing activities and the geological features of interest to be agreed and implemented.

5.                  Stockpiles of imported aggregate not to exceed the height of the adjacent quarry sides.

6.                  Standard hours of operation

 

Minutes:

The Committee considered (PN7) a retrospective application which sought consent for a compound for the storage of building supplies and import of aggregate at Horsehay Quarry, Duns Tew and which were carried out in association with the permitted sand extraction at the quarry and which were proposed for the life of the quarry.

 

RESOLVED: (on a motion by Councillor Jelf, seconded by Councillor Nimmo-Smith and carried unanimously) that subject to compliance with the existing routeing arrangement that planning permission for application 09/01105/CM 09/0996/P/CM be granted subject to conditions to be determined by the Head of Sustainable Development but to include those matters set out below:

 

1.                  Detailed compliance is in complete accordance with plans and particulars

2.                  Detailed duration - development to commence within 3 years

3.                  Development to end at the same time as the quarry operations – 2018

4.                  A 15 metre stand-off area between the storage and processing activities and the geological features of interest to be agreed and implemented.

5.                  Stockpiles of imported aggregate not to exceed the height of the adjacent quarry sides.

6.                  Standard hours of operation

 

 

60/09

Erection of a Single Story Pre-School and Foundation Stage Building to Provide: 2 Classrooms; Storage; WC; Quiet Room; Kitchentte and Lobby Accommodation; Creation of New Hardplay Area and Footpath and Formalisation of Existing Parking Areas to Provide 13 Dedicated (Including One Disabled) Parking Spaces at Clanfield CE Primary School, Main Street, Clanfield, Bampton, Oxfordshire OX18 2SP - Application R3.0109/09 pdf icon PDF 2 MB

Report by Head of Sustainable Development (PN8)

 

This application is for the erection of a new single storey Pre-school and Foundation Stage building at Clanfield CE Primary School. The new building would provide two classrooms, a quiet room, storage and ancillary WC and kitchen accommodation. The proposal also involves the creation of a hard play area associated with the new building and the formalisation of the existing school parking area. Objections to the application have been received on the grounds that: the need for the building has not been justified; the location, design and materials of the building are unacceptable; the impact on neighbouring residents and trees; increased flood risk and that the development will raise traffic and highway concerns. Full details of these objections and the comments of other consultees are summarised in the report.         

 

The Committee is RECOMMENDED to approve Application Number R3.0109/09 for the erection of a single storey pre-school and foundation stage building to provide: 2 classrooms; storage; WC; quiet room; kitchenette and lobby accommodation, creation of new hard play area and footpath and formalisation of existing parking areas to provide 13 dedicated (including one disabled) parking spaces subject to conditions to be determined by the Head of Sustainable Development to include the following matters:

 

1.                  That the development must be carried out strictly in accordance with the particulars contained in the application and the plans accompanying subject to conditions below.

2.                  Detailed duration – 3 years – that the development shall commence within 3 years of the date of the permission.

3.                  Hours of use - The building shall be used only for school and pre school purposes and only between the hours of 8 a.m. to 6 p.m. Monday to Friday.

4.                  Approval of sample external materials – that samples of the external materials proposed to be used shall be submitted and agreed prior to the commencement of development.

5.                  Contractors access – that the hours of access (including for deliveries) for construction traffic shall be agreed in consultation with the school before the start of works on the site.

6.                  Contractors compound - the location of any contractors compound shall be submitted and agreed (and appropriately fenced off) prior to the commencement of development.

7.                  Reinstatement of playing field - on completion of the development the temporary contractor’s access road and ancillary construction works shall be removed and the playing field land shall be reinstated to a playing field to a quality at least equivalent (or better) than the current quality.

8.                  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.

9.                  Tree protection during construction works – no development shall take place in the 3 metre strip of land between the school boundary and  ...  view the full agenda text for item 60/09

Minutes:

The Committee considered (PN8) an application for the erection of a new single storey Pre-school and Foundation Stage building at Clanfield CE Primary School.

 

Simon Turner did not object to the proposals for co-location but the current proposal would have an adverse impact on the local area increasing the risk of flooding and had been rejected by the Parish Council on those grounds and proposed a building which was totally disproportionate and seemed to contravene existing planning policies.

 

Bryn Torrington endorsed those comments and referred to the increase traffic impact and congestion on Main Street.  The proposal also seemed unjustified in view of comments from the Headteacher that numbers were falling.

 

John Keeling advised that the threat from flooding came from excess run-off and was not fluvial and the current proposal exacerbated that threat.  Proposed soakaways were not suitable. The local water table was too high and any further flooding events would mean water would inevitable flow into neighbouring properties.  Photographs were tabled showing flood water in neighbouring gardens.  He also referred to loss of privacy and light.

 

James Fitzpatrick lived on the north dside of the development and again was not against co-location.  However he shared concerns regarding the size of the building and proposed materials.  He referred to flooding which had occurred in 2007 and nearly again in 2008 which had been caused by excess water run off. Any further development would need an adequate drainage scheme and proposed soakaways would not achieve that level of drainage.

 

Replying to Councillor Seale Mr Torrington confirmed that congestion occurred for about 30 minutes at each end of the school day.

 

Mike Freeman (supported by Jill Kewley and Jill Brown) referred to the huge support for this proposal and the improved facilities which would be provided for children. Relocation would not materially affect traffic flow and would increase safety by reducing the need to cross between the tow current facilities.  It had been felt that the current location and materials were the best and amendments to the scheme had been included to minimise fears of flooding such as new playground which had been designed to retain excess water.

 

Responding to Councillor Hannaby Jill Kewley confirmed that colocation would be of huge benefit and work was underway to provide a green travel plan and the pre-school would be encouraged to adopt the walk to school scheme which the main school had adopted.

 

Responding to Councillor Seale Mr Freeman described the events of 2007 when the stream through the village had been clogged with weeds.  Water had had come up through the floor and had not been run-off. Work had been undertaken to clear that problem and route flows were now directed correctly through Cuttle Brook.

 

Councillor Seale referred to the levels of water from new building developments in Carterton which had had a tremendous impact on the levels of water going through the village.  However, a great deal of work had now been done to ensure the stream did its job and  ...  view the full minutes text for item 60/09

61/09

Erection of a Single Storey Building to Provide a Children's centre and Erection of a 2.5M High Free Standing Canopy; Associated External Works Including Alterations to the Existing Main School Entrance, Creation of 4 Parking Spaces, an Outdoor Play Area, Landscaping and Fencing at Bampton CofE Primary School, Bowling Green Close, Bampton - Application R3.0179/09 pdf icon PDF 1 MB

Report by Head of Sustainable Development (PN9)

 

The report describes the planning application for the erection of a single storey building in the grounds of Bampton CE Primary School to provide a new Children’s Centre.  The application is being reported to Committee because objections have been received from local residents.  The report outlines the objections received, along with the other consultation responses, the comments of the Head of Sustainable Development and the recommendation on the application.

It is RECOMMENDED that planning permission for Application No. R3.0179/09 (for the erection of a single storey Children’s Centre and free standing canopy along with associated works including alterations to the existing school entrance, four new parking spaces, and outdoor play area, landscaping and fencing) at Bampton CE Primary School be approved subject to conditions to be determined by the Head of Sustainable Development dealing with matters including those set out below:

 

1.                  Detailed compliance condition – development to be in accordance with approved plans and particulars.

2.                  Detailed duration – development to commence within 3 years.

3.                  Schedule of external materials to be used to be agreed.

4.                  Landscaping scheme (to include replacement trees) to be submitted and agreed.

5.                  Approved landscaping scheme to be implemented.

6.                  Measures to protect trees and hedgerow to be retained during construction works to be submitted, agreed and implemented.

7.                  Update existing School Travel Plan.

8.                  Existing cycle provision to be retained.

9.                  No vegetation to be removed during bird breeding season.

10.             Trees to be removed to be soft felled and under supervision of Oxfordshire County Council’s Protected Species Officer.

11.             Construction work to cease if any protected species are found on site, and a mitigation strategy submitted and agreed with Natural England.

 

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.

 

 

 

Minutes:

The Committee considered (PN9) and application for the erection of a single storey building in the grounds of Bampton CE Primary School to provide a new Children’s Centre.

 

RESOLVED: (on a motion by Councillor Seale, seconded by Councillor Hannaby and carried unanimously) planning permission for Application No. R3.0179/09 (for the erection of a single storey Children’s Centre and free standing canopy along with associated works including alterations to the existing school entrance, four new parking spaces, and outdoor play area, landscaping and fencing) at Bampton CE Primary School be approved subject to conditions to be determined by the Head of Sustainable Development dealing with matters including those set out below:

 

1.                  Detailed compliance condition – development to be in accordance with approved plans and particulars.

2.                  Detailed duration – development to commence within 3 years.

3.                  Schedule of external materials to be used to be agreed.

4.                  Landscaping scheme (to include replacement trees) to be submitted and agreed.

5.                  Approved landscaping scheme to be implemented.

6.                  Measures to protect trees and hedgerow to be retained during construction works to be submitted, agreed and implemented.

7.                  Update existing School Travel Plan.

8.                  Existing cycle provision to be retained.

9.                  No vegetation to be removed during bird breeding season.

10.             Trees to be removed to be soft felled and under supervision of Oxfordshire County Council’s Protected Species Officer.

11.             Construction work to cease if any protected species are found on site, and a mitigation strategy submitted and agreed with Natural England.

 

Archaeological Informative – If archaeological finds did occur during development, the County Archaeologist should be notified in order that he might visit the site and advise as necessary.