Agenda and minutes

To approve the minutes of the meeting held on 16 April 2012 and 15 May     2012  (PN3) and to receive information arising from them.

The minutes of the meetings held on 16 April 2012 and 15 May 2012 were approved and signed.

The Chairman referred to the recent retirements of John Duncalfe and John Hamilton.  He would write and thank them for their hard work in support of the Committee.

Mr Tugwell advised as follows:

Pinewoods Road, Longworth – Application No MW.0080/11

No appeal lodged to date.  The applicants had 6 months from the date of refusal.

Thrupp Lane Quarry, Radley – Application No. MW.0001/12

Cleud withdrawn and location for plant storage agreed.  Permission would be issued following removal of plant.

Planning Development Management Annual Review April 2011 - March 2012

Paper tabled. Agreed to review paper and circulate to all members of the Council in amended form.

Waterstock Golf Course

Matter still before the High Court. Application made for a new Court hearing date before the same judge.  No waste removed off site.

Ashgrove Farm, Ardley

The County Council continued to work closely with the Environment Agency and Cherwell District Council environmental health officers to ensure effective operation of the site and material kept to a minimum.  Briefing session to be arranged for members on use of conditions.

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

This application has been made in order to continue the development of a permitted recycling facility at Sutton Courtenay landfill site, without complying with a number of conditions. The changes would allow the Materials Recycling Facility (MRF) to be constructed and operated without the construction of the In Vessel Composting (IVC) which is currently part of the approved plans. Other minor changes to the conditions are also proposed and these are detailed in the report.

The application is being reported to Committee as there have been objections from one local resident and Sutton Courtenay Parish Council.

The report sets out the proposals and outlines the objections and other responses to the application.  Relevant planning policies are included along with the comments and recommendation of the Deputy Director (Growth and Infrastructure) on the proposal.

The report concludes that a minor adjustment to the site of the MRF building and a relatively small increase to its size would not have a significant impact on the environment. The application provides the opportunity to attach further conditions to make the current development more acceptable by improving bunding and the state of the BOAT used as an access. Conditions could also ensure the site is restored in a way compatible with the landfill site in which it lies.

It is RECOMMENDED that Application  MW.0027/12 be approved subject to conditions to be determined by the Deputy Director for Environment and economy (Growth and Infrastructure) but in accordance with those set out at Annex 2 to the report PN6.

The Committee considered an application (PN6) to continue development of a permitted recycling facility at Sutton Courtenay landfill site, without complying with a number of conditions, which would allow the materials recycling facility to be constructed and operated without the construction of the in-vessel composting facility, which currently formed part of the approved plans but was no longer needed.

Mr Hignell stated that Sutton Courtenay Parish Council had taken the view that material differences between the original proposal and what was now being proposed warranted a new application with a full consultation process rather than a Section 73 application. WRG had downplayed the size of this project. That was common practice for them and in keeping with the way they extended their activities through planning creep.  The Vale of White Horse District Council had objected to both the EfW and MBT proposals on lowland vale policies but it appeared they had not been consulted on this proposal.  Drainage in Sutton Courtenay village remained a problem and a site drainage scheme had yet to be approved.   Dust, noise and flies remained a constant problem and one which the company seemed not to take seriously.

Dr Jones speaking for Appleford Parish Council stated that Appleford was a small village under immense pressure.  They had been distracted by recent events regarding changes to the proposals for the digester facility and had consequently missed the opportunity to respond to this Section 73 application. The Parish Council considered that if this application had come in through the normal planning process it would have been recommended for refusal as there had been opposition from local planning authorities to other smaller schemes and it seemed illogical that a bigger building should not be treated in the same way.  WRG had failed to comply with conditions to provide a detailed flood scheme and the County Council should take account of local plan policies and reject the application.

Robin Draper introduced an element of caution to the Committee insofar as the Section 73 application was concerned.  The original permission had permitted establishment of recycling facilities on land to the west of Corridor Road and Condition 2 to that permission stipulated that the development should begin no later than three years from the date of that permission namely 17 December 2008.  It was difficult to see how the word “development” could mean anything other than the MRF and IVC as the remainder of the permission was merely for the extension of the duration of the existing composting operation and for storage.  He was of the view that it was legally incorrect to claim that a Section 73 was appropriate in this case due to the composting operation having started before the 3 year deadline and therefore a fresh application should have been submitted.  The Committee had been misled regarding the size of the building. That brought it into conflict with local plan policies, particularly as the EfW and MBT had been rejected on similar grounds. Consultation had also been inadequate.  ...  view the full minutes text for item 33/12

1.     Variation of conditions 3 and 5 of planning permission 07/00058/CM to allow longer operating hours and an increase in the maximum throughput of waste from 24,999 tonnes per annum to 45,000 tonnes per annum (MW.0032/12)

2.      Variation of condition 16 of planning permission 07/00058/CM to allow an additional 6 months until 31 October 2012, for completion of concrete apron (MW.0034/12)

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

This report describes two planning applications submitted by N. L. Mathews Incorporating Banbury Plant Hire Ltd for development at Ferris Hill Farm, near Hook Norton.  The first application (1) involves the variation of two conditions from the existing planning permission for a materials recycling building and waste transfer station. The variation of Condition 3 involves a proposed extension to operating hours (extending the start time from 0800 hours to 0700 hours and the end time from 17.00 to 18.00) and the variation to Condition 5 proposes an increase to the maximum annual throughput of waste from 24,999 tonnes per annum (tpa) to 45,000 tpa.

The second application is to extend the time for the provision of a concrete apron in front of a recently constructed waste transfer building. Instead of providing this by March 2012, it is proposed to have it in place by the end of October 2012.

The consultation responses and third party representations received to both applications are outlined in the report along with the relevant development plan policy implications and the views of the Deputy Director of Environment and Economy (Growth and Infrastructure) with his recommendation on both applications.

Application 1

It is RECOMMENDED that planning permission be refused for Application MW.0032/12 to amend conditions 3 and 5 (throughput and opening hours) at Ferris Hill Farm, Sibford Road, Hook Norton for the following reason:

1)                 The proposal represents an undesirable intensification of a waste use generating considerable amounts of additional activity and traffic in an attractive rural area served by minor rural roads, contrary to policies W3 of OMWLP and W5 of OMWCS

Application 2

It is RECOMMENDED that subject to a routeing agreement to prohibit the route to and from the north of the site on the Sibford Road in order to prevent traffic passing through the villages of Sibford Ferris and Sibford Gower that planning permission be approved for Application MW.0034/12 subject to conditions to be determined by the Deputy Director for Environment & Economy (Growth and Infrastructure) but to include conditions from the existing consent as amended (Condition 16) to provide until 31October 2012 for the provision of the concrete area

1.    Variation of conditions 3 and 5 of planning permission 07/00058/CM to allow longer operating hours and an increase in the maximum throughput of waste from 24,999 tonnes per annum to 45,000 tonnes per annum (MW.0032/12)

2.    Variation of condition 16 of planning permission 07/00058/CM to allow an additional 6 months until 31 October 2012, for completion of concrete apron (MW.0034/12)

The Committee considered an application (MW.0034/12) to vary a condition in order to extend the time for the provision of a concrete apron in front of a recently constructed waste transfer building.

A second application MW.0032/12 to vary conditions to increase operating hours and annual throughput of waste had been withdrawn by the applicants.

RESOLVED: (on a motion by Councillor Jelf, seconded by Councillor Hannaby and carried nem con) that subject to a routeing agreement to prohibit the route to and from the north of the site on the Sibford Road in order to prevent traffic passing through the villages of Sibford Ferris and Sibford Gower that planning permission be approved for Application MW.0034/12 subject to conditions to be determined by the Deputy Director for Environment & Economy (Growth and Infrastructure) but to include conditions from the existing consent as amended (Condition 16) to provide until 31October 2012 for the provision of the concrete area.

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Report by the Deputy Director for Environment & Economy (Growth & Infrastructure) (PN8).

The report describes why the school is applying to renew planning permission and outlines the objection and other responses to the application.  Relevant planning policies are included along with the comments and recommendation of the Deputy Director (Growth and Infrastructure) on the proposal.

The application is being reported to Committee as an objection to the proposal has been received from a local resident.

It is RECOMMENDED that Application No. R3.0144/11  be approved subject to conditions to be determined by the Deputy Director for Environment & Economy (Growth & Infrastructure) to include the following matters:

1.      The development must be carried out strictly in accordance with the plans and drawings submitted with the application.

2.      Temporary buildings to be removed by 31 May 2017.

Travel Plan Informative:

Encourage provision of a new travel plan for the children’s centre and update existing school travel plan.

The Committee considered an application by the school to renew planning permission for temporary buildings in order to continue provision of the children’s centre services.

Ms Woodcock confirmed support from Councillor David Turner the local member.

Councillor Hannaby moved and Councillor Stratford seconded that the recommendation as set out in the report be approved.

Councillor Tanner moved an amendment that permission be granted for 3 years as opposed to five.  Councillor Sanders seconded the motion which was then put to the Committee and lost by 12 votes to 2.

The original motion was then put to the Committee and –

RESOLVED: (nem con) that Application No. R3.0144/11  be approved subject to conditions to be determined by the Deputy Director for Environment & Economy (Growth & Infrastructure) to include the following matters:

1.      The development must be carried out strictly in accordance with the plans and drawings submitted with the application.

2.      Temporary buildings to be removed by 31 May 2017.

Travel Plan Informative: to encourage provision of a new travel plan for the children’s centre and update existing school travel plan.

Report by the Deputy Director for Environment & Economy (Growth & Infrastructure) (PN9).

The report describes the application to install a double modular classroom building for a temporary period of 5 years.  The application is being reported to Committee as an objection signed by 6 local residents has been received.

The report sets out the detail of the proposal,  outlines the objections and other responses to the application and relevant planning policies along with the comments and recommendation of the Deputy Director (Growth and Infrastructure).

It is RECOMMENDED that Application No. R3.0048/112  be approved subject to conditions to be determined by the Deputy Director for Environment & Economy (Growth & Infrastructure) to include the following matters:

1.      The development must be carried out strictly in accordance with the plans and drawings submitted with the application.

2.      Temporary building to be removed by 31 January 2017.

3.      Submission of final design details of temporary building (including material finish).

4.      Prior submission of full drainage details (including soakage tests).

Informatives:

Encourage school to update school travel plan.

The school is required to notify the county archaeologist if any archaeological finds occur.

The Committee considered (PN9) an application to install a double modular classroom building for a temporary period of 5 years.

John Hawkins the headteacher was present to answer questions and responding to Councillor Armitage he confirmed that despite a growing population in Didcot he was not expecting numbers at the school to increase due to schools nearby being under capacity. Parking restrictions at the nearby Civic Hall had been lifted to allow parents to park.

RESOLVED: (on a motion by Councillor Crabbe, seconded by Councillor Greene and carried nem con) that Application No. R3.0048/112  be approved subject to conditions to be determined by the Deputy Director for Environment & Economy (Growth & Infrastructure) to include the following matters:

1.                  The development must be carried out strictly in accordance with the plans and drawings submitted with the application.

2.                  Temporary building to be removed by 31 January 2017.

3.                  Submission of final design details of temporary building (including material finish).

4.                  Prior submission of full drainage details (including soakage tests).

Informatives:

Encourage school to update school travel plan.

The school is required to notify the county archaeologist if any archaeological finds occur.

Report by the Director for Environment & Economy (Growth & Infrastructure) (PN10)

The report updates members on the regular monitoring of minerals and waste planning permissions and on the progress of enforcement cases for the period between 1 October 2011 and 31 March 2012.

It is RECOMMENDED that the Schedule of Compliance Monitoring Visits at Annex 1 to the report PN10 and the Schedule of Enforcement Cases at Annex 2 be noted.

The Committee considered (PN10) a report on regular monitoring of minerals and waste planning permissions and progress of enforcement cases between 1 October 2011 to 31 March 2012.

Mr Hodgkinson confirmed an 83% rate for scheduled visits and whilst some visits were announced, such as site audit or specialist area visits, others were not. There was no covert evidence gathering and work was underway with other agencies to clarify the role of conditions and improve enforceability.

RESOLVED: that the Schedule of Compliance Monitoring Visits at Annex 1 to the report PN10 and the Schedule of Enforcement Cases at Annex 2 be noted.