Agenda and minutes

To approve the minutes of the meeting held on 22 October 2012 (PN3) and to receive information arising from them.

The Minutes of the meeting held on 22 October 2012 were approved and signed.

Mr Lerner advised on the following matters:

Radley ROMP (Review of Old Mineral Permission)

The period for submission of representations to the Secretary of State was due to close on 10 December 2012.

Shenington ROMP (Review of Old Mineral permission)

Work proceeding.

Soldiers of Oxfordshire Museum, Woodstock

Officers had responded to a number of concerns raised by local residents.  The possibility of an application for judicial review remained even though the planning application itself had been approved two years previously and work was now in progress. 

Waterstock Golf Course

A meeting had been scheduled with the applicants for later in the week.

Report by Deputy Director for Environment & Economy (Strategy & Infrastructure Planning) (PN6)

This application is to continue the development of a permitted recycling facility at Sutton Courtenay landfill site, with changes to a number of conditions. The changes would allow the Materials Recycling Facility (MRF) to operate until 2030, in line with the life of the adjacent landfill site. The current permission for the MRF runs to 2019. The changes proposed would also allow the building to process 200,000 tonnes of waste per year rather than 70,000 allowing a higher proportion of the waste imported to the landfill site to be processed through the MRF.

Changes are proposed to the elevations of the building. No changes are proposed to the footprint, height or dimensions.

The application is being reported to this Committee as there have been objections from local residents.

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 (Strategy and Infrastructure Planning) on the proposal.

The report concludes that the changes proposed to the condition are in accordance with waste planning policy allowing for the proportion of waste diverted from landfill to be maximised as the operational life of the MRF would match the landfill and for a higher proportion of the waste to the landfill would be permitted to be treated in the MRF. There would be no significant impacts on the environment as a result of the proposed changes.

It is RECOMMENDED that Application MW.0174/12 be approved subject to conditions attached to the original consent (APF/616/57-CM) but  amended specifically in respect of conditions 1, 3 and 22 as detailed at Annex 3 to this report and to further updating of conditions 15, 16, 18, 19, 20 and 21 by the Deputy Director for Environment & Economy (Strategy & Infrastructure Planning) to reflect that schemes have now been approved and must be implemented.

The Committee considered (PN6) an application to continue development of a permitted recycling facility at Sutton Courtenay landfill site but with changes to a number of conditions to allow the materials recycling facility to operate until 2030 in line with the life of the adjacent landfill site and process 200,000 tonnes of waste per year and for changes to the elevations of the building, although no changes were being proposed to the footprint, height or dimensions.

Mr Lerner responded to concerns which had been expressed regarding the appropriateness of a Section 73 application in this case.  His statement had been circulated with the tabled addenda.

Mark Baker considered the application flawed.  Firstly it had originally presented proposals for the Ardley bulk transfer contract but was now dealing with proposals for increased throughput for sorting landfill waste, an entirely unrelated and undisclosed activity and one which had offered local people and consultees no proper opportunity to comment.  It had not therefore  followed due process. The application was procedurally invalid as Section 73 could not be used to approve new development and should be considered again as a full planning application, which provided a real basis and case to approve an increased throughput and life of the facility. He considered planning officers had put forward totally different justifications for these two major components and asked the Committee to decline to consider the application as presented as the applicant had made no case at all for the first element and an invalidated case for the second.  Section 73 was not an appropriate means for dealing with such contentious matters and a planning application was needed which explained comprehensively proposals for trebling throughput and which put the life extension into the full context of the life of the site itself. 

Robin Draper also considered this a faulty application and one which should not have been considered under Section 73.  He referred to a detailed list of 8 applications submitted at this site over the past two years which in his view represented planning creep.  Setting out material changes for an 18 year extension and a trebling of throughput warranted a new application.  In May agreement had been given for a 70,000 tonne throughput for the MRF facility which FCC had accepted.  They were now building a larger plant and were in breach of the May permission.  There was no basis to grant an extension of time in this way and the Committee should not approve it.  The Company had shown complete disdain for conditions.  He also advised that the local County Councillor opposed the application.

Nicola Simonson spoke as a local resident and environmental consultant.  With particular concerns regarding the extension of time.  She considered this constituted a permanent facility in the countryside and not a temporary one.  The site was still classified as Greenfield, which is why previous schemes such as the MBT facility had been rejected.  The application was contrary to policies NE9, 10 and 11 in the local plan which sought  ...  view the full minutes text for item 66/12

Report by the Director for Environment & Economy (Strategy & Infrastructure Planning) (PN7)

This application seeks an extension of time of 3 years to 31 December 2015 in which to restore this former chalk quarry located within the North Wessex Downs AONB just to the west of Wantage, by way of amendment to a condition imposed on the last permission in 2005. The report considers whether policy in the development plan and the Council’s Core Strategy submission document would be complied with and whether the proposed extension of time is reasonable given the planning history of this site. The report concludes that there would be no significant amenity impacts resulting from such an extension and that the application accords with development plan and Core Strategy policy relating to restoration of former quarries and landfill sites.

The application is reported to Committee because of substantive planning objections from the three surrounding Parish Councils.

It is RECOMMENDED that Application MW.0014/11 be approved subject to conditions to be determined by the Deputy Director for Environment & Economy (Strategy & Infrastructure Planning) including the amended Condition 2 as set out in paragraph 14 above and such other conditions including re-imposed conditions from the previous expired permission WCH/5048/3-CM as set out in summary as follows:

Heads of Conditions

1.                  Commencement within 3 years.

2.         The development and restoration hereby granted shall be for a limited period expiring on 31 December 2015. The site shall be restored in accordance with approved plans 135CQA/3 and P2310 D4 B (see paragraph 14 above).

3.         All buildings, structures, plant, vehicles, machinery etc shall be removed d by 31 |December 2015 and fully restored in accordance with details in Condition 2.

4.         In accordance with application details (list plan nos. etc).

5.                  Chalk face retained in accordance with scheme to be submitted.

6.                  Operations hours limit 0700-1800 Mondays to Fridays, 0700-1300 Saturdays.

7.                  Site access maintained & kept free of mud & other debris.

8.                  Access only from existing access onto B4507.

9.                  Erection of signage on exit restricting drivers using Silver Lane through West Challow & the B4001 through Childrey.

10.             No waste other than restoration soils.

11.             No export of any waste material from the site.

12.             Aftercare in accordance with submitted scheme & monitoring of such aftercare including via annual meetings.

13.             Replacement of any trees and shrubs in accordance with aftercare scheme.

The Committee considered (PN7) an application to extend the time allowed to restore a former chalk quarry to 31 December 2015 noting that the application site fell in the division of Shrivenham and not Greendown as published.

Councillor Fitzgerald-O’Connor expressed frustration at the length of time it had taken to complete this work and understood the frustration of local residents.  However, she did not feel a refusal would help resolve the issue but is approved then pressure should be brought to bear on the applicant to stick to the terms of that approval.

RESOLVED: (on a motion by Councillor Mrs Fulljames, seconded by Councillor Greene and carried nem con) that Application MW.0014/11 be approved subject to conditions to be determined by the Deputy Director for Environment & Economy (Strategy & Infrastructure Planning) but including the amended Condition 2 as set out in paragraph 14 of the report PN7 and such other conditions including re-imposed conditions from the previous expired permission WCH/5048/3-CM as set out in summary as follows:

Heads of Conditions

1.                  Commencement within 3 years.

2.         The development and restoration hereby granted should be for a limited period expiring on 31 December 2015. The site should be restored in accordance with approved plans 135CQA/3 and P2310 D4 B (see paragraph 14 of the report PN7).

3.         All buildings, structures, plant, vehicles, machinery etc should be removed by 31 |December 2015 and fully restored in accordance with details in Condition 2.

4.         In accordance with application details (list plan nos. etc).

5.                  Chalk face retained in accordance with scheme to be submitted.

6.                  Operational hours limited to 0700-1800 Mondays to Fridays, 0700-1300 Saturdays.

7.                  Site access maintained & kept free of mud & other debris.

8.                  Access only from existing access onto B4507.

9.                  Erection of signage on exit restricting drivers using Silver Lane through West Challow & the B4001 through Childrey.

10.             No waste other than restoration soils.

11.             No export of any waste material from the site.

12.             Aftercare in accordance with submitted scheme & monitoring of such aftercare including via annual meetings.

13.             Replacement of any trees and shrubs in accordance with aftercare scheme.

Report by the Deputy Director for Environment & Economy (Strategy & Infrastructure Planning) (PN8)

This application is for the renewal of permission for two temporary class room buildings at the Church Cowley St James primary school and is reported to Committee because Oxford City Council considers it contrary to Policy CP25 in its Local Plan. The report concludes that that is not the case and considers  other policy and planning implications of the proposal and the suitability and condition of the buildings for their teaching purpose.

It is RECOMMENDED that planning permission be approved for Application R3.0158/12 subject to conditions to be determined by the Deputy Director (Strategy & Infrastructure Planning) but to include the following:

1.         The development shall be carried out solely in accordance with details submitted with the application.

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

Informative:

The Planning Application Justification Statement submitted with this planning application indicates a forecast increase in the number of pupils.  An increase in the number of pupils is likely to have implications for the local transport and highway network and in the light of this an up-to date School Travel Plan should be produced.  The applicant is advised to contact Oxfordshire County Council’s Travel Choices and School Travel Plans Team who would assist in updating the plan. 

The Committee considered (PN8) an application for the renewal of permission for two temporary classrooms buildings at Church Cowley St James Primary School in the light of an objection by the City Council.

Councillor Hannaby moved and Councillor Mrs Fulljames seconded that the recommendation as set out in the officer’s report be approved.

Councillor Sanders highlighted the need for permanent buildings to be provided to deal issues of overcrowding rather than temporary classrooms.

Councillor Tanner considered that the City Council’s policy as set out in the report had been misinterpreted and he proposed an amendment which Councillor Sanders seconded that permission be granted for 3 years only.

The amendment was put to the Committee and lost by 10 votes to 2.

The original motion was then put to the Committee and –

RESOLVED: (nem con) that planning permission be approved for Application R3.0158/12 subject to conditions to be determined by the Deputy Director (Strategy & Infrastructure Planning) but to include the following:

1.         The development should be carried out solely in accordance with details submitted with the application.

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

Informative:

The Planning Application Justification Statement submitted with this planning application indicated a forecast increase in the number of pupils.  An increase in the number of pupils was likely to have implications for the local transport and highway network and in the light of this an up-to date School Travel Plan should be produced.  The applicant was advised to contact Oxfordshire County Council’s Travel Choices and School Travel Plans Team who would assist in updating the plan. 

Report by the Deputy director for Environment & Economy (Strategy & Infrastructure Planning) (PN9)

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 April 2012 and 31 October 2012.

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

The Committee considered (PN9) an update report on regular monitoring of minerals and waste planning permissions and progress of enforcement cases for the period 1 April 2012 to 31 October 2012.

Councillor Mrs Fulljames referred to the following issues:

Ardley Quarry - routeing agreements were being broken and she questioned why those vehicles could not be identified using CCTV cameras on site.

Ardley Composting Site – the Liaison Committee seemed to be getting to grips with this site and she thanked officers for their help.

Energy from waste, Ardley – could this be included in future reports as the site was under construction and problems were already being experienced with starting times for construction workers on site.

Finmere Quarry – there were ongoing problems although they were more to do with the Environment Agency but she asked officers to keep an eye on the situation.

Mr Hodgkinson undertook to include the Energy from Waste facility would be monitored as part of Ardley landfill and as construction proceeded monitoring would increase.  CCTV was being used to monitor hours of work.

Councillor Armitage highlighted that there seemed to have been no visits for Waterstock.

Mr Hodgkinson confirmed that this site received enforcement visits and that there had been two this year. He undertook to update that list.

Responding to Councillor Hannaby regarding concerns concerning speeding vehicles and stacked skips at the Aasvogel Waste Transfer Station at Grove Business Park Mr Hodgkinson advised that the site had now changed hands but officers would keep an eye on the situation.

Councillor Fitzgerald-O’Connor referred to problems regarding mud on the road at Shellingford Quarry despite there being a wheelwash facility.

Mr Hodgkinson advised that a previous joint operation with police at this site had identified problems with sheeting and secured loads.  That had led to some improvement but he would look again at the site.

With regard to the Sutton Courtenay site (page 70) Councillor Greene pointed out that the operator should be amended to read FCC.

RESOLVED: that the Schedule of Compliance Monitoring Visits in Annex 1 and the Schedule of Enforcement Cases in Annex 2 to the report PN9 be noted.