Agenda, decisions and minutes

Planning & Regulation Committee - Monday, 12 January 2015 2.00 pm

Venue: County Hall, New Road, Oxford

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

Items
No. Item

1/15

Apologies for Absence and Temporary Appointments

Minutes:

 

 

Apology

 

Temporary Appointment

 

 

Councillor Patrick Greene

Councillor Stewart Lilly

 

 

Councillor David Wilmshurst

Councillor Charles Mathew

 

2/15

Minutes pdf icon PDF 143 KB

To approve the minutes of the meeting held on 1 December 2014              (PN3) and to receive information arising from them.

Minutes:

The minutes of the meeting held on 1 December 2014 were approved and signed.

 

Minute 36/14 – Minutes

 

Mr Periam confirmed that he had now circulated details of costs awarded against the Council with regard to the successful appeal against the Council’s decision to refuse planning permission at Sutton Courtenay Waste Management Site.

 

Minute 39/14 (Sheehans Recycled Aggregates Plant, Dix Pit, Stanton Harcourt – Application No. MW.0003/14)

 

The Committee noted comments submitted by the applicant’s agent with regard to her submission to the December Committee which had raised a number of interpretation issues relating to details regarding the accuracy of the size of the extension and interpretation of NPPF policy relating to such operations and greenfield sites.  No amendments had been made to the minutes.

3/15

Petitions and Public Address

Minutes:

 

 

Speaker

 

Item

 

 

Evan David

Marjorie Sanders

David Einig (on behalf of Lee Morris who was unable to attend)

Dee Madonald

 

 

)

) 6. Manor Farm, Tetsworth

) Application No. MW.0112/14

)

)

 

 

Trevor Davies

Councillor Nick Hards

 

 

) 9. Application to register a Village

) Green at Queensway, Didcot

 

4/15

Importation and deposit of waste soils in order to construct a 6 metre high landscaped bund to run either side of the M40 in the fields at Manor Farm, Tetsworth, creating a barrier of defence for the animals and the public. Application MW.0112/14 pdf icon PDF 615 KB

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

 

This application is for the importation and deposit of waste soils to construct two 6 metre high bunds, one either side of the M40 motorway in open fields near Tetsworth. The bunds would be approximately 600 metres long, require 500 000 tonnes of inert waste material and take five years to construct. The applicant has stated that the bunds are necessary to safely contain livestock in the fields adjacent to the motorway. 

There are concerns about the impact on the landscape, the disposal of waste in open fields in the countryside, the impact on the footpath and South Oxfordshire District Council, Great Haseley Parish Council and the CPRE have objected. Tetsworth Parish Council support the application.

The development does not accord with development plan policies related to waste disposal and the protection of the countryside.

 

It is RECOMMENDED that Application MW.0112/14 (P14/S3045/CM) be refused planning permission for the following reasons:

 

i)             It has not been demonstrated that there is a need for the final disposal of waste in this location. The proposed development lies at the bottom of the waste hierarchy and is not sustainable. This is contrary to Oxfordshire Minerals and Waste Core Strategy policy W7, the aims of the National Planning Policy Framework, paragraph 1 and Appendix A of the National Planning Policy for Waste.

 

ii)           The development would be in the open countryside and would neither maintain nor enhance the countryside for its own sake and would not be on previously developed land, contrary to the provisions of South Oxfordshire Local Plan policies G2 and G4, and Oxfordshire Minerals and Waste Core Strategy policy W6and National Planning Policy for Waste paragraph 4.

 

iii)          The development would introduce a prominent and alien feature which would have an adverse impact and so cause harm to the landscape and countryside contrary to the provisions of South Oxfordshire Core Strategy policy CSEN1, policy C8 of the Draft Oxfordshire Minerals and Waste Local Plan Core Strategy and paragraph 7 and Appendix B of the National Planning Policy for Waste.

 

iv)          It has not been demonstrated that there is a definite need for the disposal of waste in this location, therefore the proposal is contrary to Oxfordshire Minerals and Waste Local Plan saved policy W7(a) and there is no overriding need which could weigh against the harm to countryside and landscape, and to the objectives of sustainable development, that the development would cause.

 

 

Minutes:

The Committee considered (PN6) an application for the importation and deposit of waste soils to construct two 6 metre high bunds to safely contain livestock in the fields adjacent to the M40. The bunds, approximately 600 metres long would require 500,000 tonnes of inert waste material and take five years to construct on either side of the M40 motorway in open fields near Tetsworth.

Having presented the report Ms Thompson addressed questions from:

Councillor Bartholomew – waste going onto the site would be monitored through an EA permit.

Councillor Purse – the proposed diversion was minor and no objection had been received from rights of way.

Councillor Phillips – the fields in question did not have a significant classification.

Councillor Johnston – there had been no objection from the county ecologist.

Evan David had provided veterinary services to Manor Farm for a number of years. He stated that as well as keeping livestock in the proposal was also aimed at keeping cars on the motorway and there had been incidents in the past. The bunds could also help reduce the effects of pollution and noise on livestock, which was a particular problem at lambing and calfing times with resultant losses to livestock.  There had been occasions when lambs had been able to get through the fence and onto the motorway and he was convinced the bund would provide a more effective barrier.

He then responded to questions from:

Councillor Bartholomew – in addition to preventing potential egress of cars from the motorway the bunds would provide a better and safer environment to work in and reduce noise.

Councillor Phillips – the problem of cars potentially coming through the fence was not a new one but there was now an opportunity to prevent any future occurrences.

Councillor Johnston – he felt the bund would be effective with sheep unlikely to be able to jump the fence after running uphill.

Councillor Mathew – he had been a vet for Manor Farm for 4 years.

Marjorie Sanders a parish councillor in Tetsworth stated that this proposal fitted in with the aims of a local self-help group M40 CEG, which focussed on noise management between High Wycombe to Milton Common and an M40/Highways Agency proposal for a public/private partnership to design and construct sound barriers. The Manor Farm bund with a compatible timescale could form part of that programme.  She pointed out that when the M40 was built motorway construction between Lewknor to Milton Common had used spoil from the Stokenchurch cutting and it was proposed to use similar imported material from construction sites for this development. She confirmed that the Parish Council would not have supported the proposal if it had been necessary for lorry traffic to regularly use junction 6 of the M40 necessitating driving through the village. Also bridge traffic, both vehicle and pedestrian, could be controlled by lights and re-routing the footpath was not an issue. Tetsworth Parish Council supported the application and she asked the Committee  ...  view the full minutes text for item 4/15

5/15

Request to withdraw notice of periodic review in accordance with the Environment Act 1995, on Land at Thrupp Farm Radley. pdf icon PDF 284 KB

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

 

This is a report into the decision as to whether to withdraw the notice of the Review of a Review of Mineral Permission (ROMP) for Thrupp Farm, Radley and has come to Committee following discussion with the local member.

 

It is RECOMMENDED that the notice of the ROMP review for Thrupp Farm, Radley be withdrawn and the position reassessed once the Secretary of State's decision on the ROMP Prohibition Order has been made.

 

 

Minutes:

The Committee considered (PN7) a request to withdraw notice of a review of Mineral Permission (ROMP) for Thrupp Farm, Radley until the decision on the ROMP prohibition order had been made.  The need for a review could then be assessed in light of the Secretary of State’s decision, which was not expected for some weeks, and, if appropriate, a notice of review reissued at that point.  This matter had come to Committee at the request of the local member, Councillor Bob Johnston.

 

RESOLVED: (on a motion by Councillor Johnston, seconded by Councillor Purse and carried unanimously) that the notice of the ROMP review for Thrupp Farm, Radley be withdrawn and re-served once the Secretary of State's decision on the ROMP Prohibition Order had been made.

 

6/15

Commons ACT 2006: In the matter of an application to register land at Foxwell Drive, Northway, Oxford as a Town or Village Green pdf icon PDF 235 KB

Report by the County Solicitor & Head of Law & Culture (PN8).

 

An application was made by Miss Georgina Gibbs for registration of land at Foxwell Drive, Northway, Headington in Oxford as a new town or village green under the Commons Act 2006. The landowner objected to this application and a public inquiry was held. The Council is the Commons Registration Authority and the Planning & Regulation Committee has delegated authority to determine such applications. The Inspector's report and officer's recommendation are therefore set out and the Committee is requested to determine the application.

 

Having received the Opinion of the Inspector set out in Annex 2 to this report, the Committee is RECOMMENDED to REJECT the application for registration as a new Town or Village Green that plot of land known as Land at Foxwell Drive, Northway in Oxford that site being indicated clearly on “Map A” of the application submitted by Miss Georgina Gibbs and dated 14 December 2012.

Additional documents:

Minutes:

Councillor Phillips left the meeting prior to discussion on this item and took no part in the discussion or decision on this item or subsequent items.

 

The Committee considered (PN8) an application made by Miss Georgina Gibbs for registration of land at Foxwell Drive, Northway, Headington in Oxford as a new town or village green under the Commons Act 2006. The landowner had objected to the application and a public inquiry had been held. The Council was the Commons Registration Authority and the Planning & Regulation Committee had delegated authority to determine such applications.

 

Regarding the application as an unhelpful attempt to block the development proposals at Barton Councillor Tanner moved the officer recommendation. Councillor Johnson seconding.

 

RESOLVED: (11 votes to 0) that having received the Opinion of the Inspector set out in Annex 2 to the report PN8 to REJECT the application for registration as a new Town or Village Green that plot of land known as Land at Foxwell Drive, Northway in Oxford that site being indicated clearly on “Map A” of the application submitted by Miss Georgina Gibbs and dated 14 December 2012.

 

 

7/15

Commons Act 2006: In the matter of an application to register land at The Green, Queensway, Didcot as a Town or Village Green. pdf icon PDF 3 MB

Report by the County Solicitor & Head of Law & Culture (PN9).

 

An application was made by Mr Trevor Davies for registration of land at Queensway, Didcot in Oxfordshire as a new town or village green under the Commons Act 2006. No objection to such registration was received. The Council is the Commons Registration Authority and the Planning & Regulation Committee has delegated authority to determine such applications. The officer's recommendation is therefore set out in the report and the Committee  requested to determine the application.

 

Having received the advice of the County Solicitor the Committee is RECOMMENDED to APPROVE the application for registration as a new Town or Village Green that plot of land known as The Green, Queensway, Didcot in Oxfordshire that site being indicated clearly on the map appended to the application submitted by Mr Trevor Davies and dated 25 November 2013.

 

Minutes:

The Committee considered (PN9) an application made by Mr Trevor Davies for registration of land at Queensway, Didcot in Oxfordshire as a new town or village green under the Commons Act 2006. No objection had been received and the Council as the Commons Registration Authority was now required to determine the application through its Planning & Regulation Committee which had delegated authority to do so.

 

Councillor Nick Hards and Mr Trevor Davies spoke in support of the application both confirming access for recreation purposes over the required period.

 

RESOLVED: (on a motion by Councillor Johnston, seconded by Councillor Cherry and carried by 11 votes to 0)to APPROVE the application for registration as a new Town or Village Green that plot of land known as The Green, Queensway, Didcot in Oxfordshire that site being indicated clearly on the map appended to the application submitted by Mr Trevor Davies and dated 25 November 2013.