Agenda, decisions and minutes

To approve the minutes of the meeting held on 29 October 2018 (PN3) and to receive information arising from them.

The minutes of the meeting held on 29 October 2018 were approved and signed.

Minute 42/18 – Chairman’s Updates – Wicklesham Quarry

Officers advised that Grundons, in response to representations made to them regarding inadequate gradient levels achieved as part of restoration work carried out at the site, had submitted a non-material amendment application.  However, officers had responded to say that in their view such an amendment would be unacceptable as they felt that the levels achieved varied significantly from what was stipulated in the planning permission and the issue was, therefore, a material one.  Grundons now intended submitting a S73 application.

Report by the Director for Planning & Place (PN6).

This is a planning application to allow extraction of limestone as an extension to the existing Quarry at Shipton on Cherwell. The site would be restored to agriculture and biodiversity use.

The report outlines the relevant planning policies, along with the comments and recommendations of the Director for Planning and Place.

The main issues with the application are need for the mineral extraction, the case for Very Special Circumstances for inappropriate development in the Green Belt, the effect on local amenity, and the effect on the local landscape.

It is RECOMMENDED that planning permission for application no. MW.00046/18 be refused on the grounds that:-

1          The site is situated neither within the principal locations for aggregates minerals extraction nor the mineral safeguarding areas. The development is therefore contrary to policies M3 and M5 of the Oxfordshire Minerals and Waste Local Plan Part 1: Core Strategy;

2          The development would constitute inappropriate development in the Green Belt for which Very Special Circumstances have not been demonstrated. It is therefore contrary to policy C12 of the Oxfordshire Minerals and Waste Local Plan Part 1: Core Strategy and policy ESD14 of the Cherwell Local Plan 2031; and

3          The development would cause harm to the local amenity of residents on Jerome Way through noise, dust and visual intrusion contrary to policy C5 of the Oxfordshire Minerals and Waste Local Plan Part 1: Core Strategy.

The Committee considered (PN6) a planning application to allow extraction of limestone as an extension to the existing Quarry at Shipton on Cherwell with restoration to agriculture and biodiversity use.

Mr Broughton presented the report and confirmed in response to Councillor Sames that although the site was subject to a SSSI it was a geological SSSI and none pf the geological features would be harmed by the proposed works.

Marian Fox speaking on behalf of local residents referred to issues of:

Dust and noise which created a health hazard as well as nuisance. This had been discussed at the Liaison Group but as yet nothing had been done to mitigate the effects. The haul road was also a major source of dust and although an undertaking had been given to scrape and clear nothing had been done. Work started on site at 7am and although the bund was 9 metres high in places it didn’t prevent noise carrying to Thrupp a mile away. If this application was approved it would bring work even closer. Residents had concerns regarding breaches of conditions. Vehicles were restricted by condition to 318 per day but that was being exceeded. The site had been in existence for 80 years and if this application were approved that would affect timescales for restoration and exacerbate concerns regarding conservation areas around the canal.

She then responded to questions from:

Councillor Johnston – she was a resident of Jerome Way, Shipton-on-Cherwell.

Councillor Gawrysiak – the existing bund to some extent did mitigate the effects of working but there was a persistent noise although she accepted that might not exceed legal levels.

Mr Broughton advised that the Environment agency had lodged an objection to an application for another noise attenuation bund. That was waiting to be resolved.

Gemma Crossley spoke on behalf of the applicants.  The Shipton-on-Cherwell site was not within the strategic resources area but did accord with policy M4 and therefore met the requirements of the spatial strategy. The site was enclosed by topography and openness was not seriously affected. The County Council was currently meeting its landbank requirement but there was an urgent need for reserves now with sale of rock increasing over the last few years and mineral in high demand.  The limestone material at this site met a high specification and was one of a few sites in the south east able to supply this material.  It was a small logical extension to an existing quarry with no significant amenity or environmental impacts and the bund did not affect the openness.  Quite simply there was a demand for the material which demonstrated a need.

She then responded to questions from:

Councillor Phillips – parts of the site would be visible from the canal with a narrow field of view of about 25 metres where the edge of the site could be seen.

Councillor Gawrysiak – she confirmed that although the material was not unique there were only 2 bands in the county. There were 2  ...  view the full minutes text for item 48/18

Report by the Director for Planning & Place (PN7)

This application is retrospective and seeks the permanent retention of the former Hazardous Waste Transfer Station for use as an open storage area for empty containers, bins and packaging equipment. It also seeks the retention of the old lab smalls building for the storage of equipment.

The report outlines the relevant planning policies, along with the comments and recommendations of the Director for Planning and Place.

The main issues for the site are: landscape, local amenity, biodiversity, rights of way, economic development and design.

It is RECOMMENDED that planning permission for application no. MW.0025/18 be approved subject to conditions to be determined by the Director for Planning and Place but to include the following:

1)        The development shall be carried out strictly in accordance with the particulars of the development, plans and specifications contained in the application (and letters/e-mails of amendment) except as modified by conditions of this permission. The approved plans and particulars comprise:

·      Application form dated 16/03/2018

·      Planning application supporting statement dated March 2018.

·      Drawing no 3A 9740 – Lab Smalls Building plan and elevations.

·      Drawing no DG/Est/EWE1/HWTS/Ext/01 – Location Plan

·      Drawing DG/Est/EWE1/HWTS/Ext/02 – Application and Ownership Plan

·      Drawing no DG/Est/EWE1/HWTS/Ext/03 – Site Plan.

2)        The site shall be used only for storage related to the adjoining hazardous waste transfer station.

3)        Operations authorised by this permission, including vehicles entering or leaving the site, shall only take place:

07: 00 to 18.00 Mondays to Fridays

07:00 to 13:00 Saturdays.

No operations shall take place on Sundays, Bank or Public Holidays.

4)        No mud or dust shall be deposited on the public highway.

5)        No external lighting shall be erected on the site uncles first approved in writing by the Waste Planning Authority. The lighting shall be implemented in accordance with the approved scheme.

6)        All vehicles, plant and machinery operated within the site shall be fitted with and use effective silencers.

7)        The noise levels arising from the development shall not exceed 55 dB (LAeq) (1 hour), freefield at The Cottage and Goulds Grove Farm.

8)        No reversing bleepers or other means of audible warning of reversing vehicles shall be fixed to, or used on, any vehicle owned or leased by the operator of the site, other than those which use white noise.

The Committee considered (PN7) a retrospective application seeking permanent retention of the former Hazardous Waste Transfer Station for use as an open storage area for empty containers, bins and packaging equipment and retention of the old lab smalls building for the storage of equipment.

Mr Broughton presented the report drawing attention to the objection from the Chiltern Conservation Board regarding loss of biodiversity which, despite further consultation with them they had been unwilling to withdraw.

Speaking for the applicants Veronique Bensadou explained that the application would allow the applicants to maximise its operation.  They had put together a package of measure to address the objection by the Conservation Board despite the site being well screened and not visible from the outside.  The site had been there for 60 years, provided a valuable facility for the disposal of hazardous waste and there had been no third-party objections.

She then responded to questions from:

Councillor Johnston – the Lab Smalls building had in the past been used to carry out some chemical testing and analysis to enable safe disposal of waste.

Councillor Phillips – the application was for storage of equipment for the main operation.  Increased space would increase efficiency with no increase in tonnage through the site.

Responding to Councillor Fox-Davies Mr Broughton confirmed that monitoring would be carried out and enforcement action taken if conditions were not observed.

Responding to Councillor Walker he confirmed the site was well screened and little of it could be seen from outside.  The objection by the Conservation Board also referred to parts of the site which were not subject to this application and, furthermore, went beyond what could be expected under the 6 tests set out in the National Planning Policy Framework. That had included a request for £15,000 towards a package of mitigation proposals.

RESOLVED: (on a motion by Councillor Johnston, seconded by Councillor Phillips and carried unanimously) that planning permission for application no. MW.0025/18 be approved subject to conditions to be determined by the Director for Planning and Place but to include the following:

1)        The development should be carried out strictly in accordance with the particulars of the development, plans and specifications contained in the application (and letters/e-mails of amendment) except as modified by conditions of this permission. The approved plans and particulars comprised:

·      Application form dated 16/03/2018

·      Planning application supporting statement dated March 2018.

·      Drawing no 3A 9740 – Lab Smalls Building plan and elevations.

·      Drawing no DG/Est/EWE1/HWTS/Ext/01 – Location Plan

·      Drawing DG/Est/EWE1/HWTS/Ext/02 – Application and Ownership Plan

·      Drawing no DG/Est/EWE1/HWTS/Ext/03 – Site Plan.

2)        The site should be used only for storage related to the adjoining hazardous waste transfer station.

3)        Operations authorised by this permission, including vehicles entering or leaving the site, should only take place:

07: 00 to 18.00 Mondays to Fridays

07:00 to 13:00 Saturdays.

No operations should take place on Sundays, Bank or Public Holidays.

4)        No mud or dust should be deposited on the public highway.

5)        No external lighting should be erected on  ...  view the full minutes text for item 49/18

Application MW.0098/18: Planning Application under Section 73 of the Town and Country Planning Act 1990 (as amended) to continue the development permitted by permission no P16/V3191/CM (MW.0139/16) (for the progressive extraction of sand and gravel, importation of inert waste material with restoration to nature conservation and an agricultural reservoir) varying conditions 1, 20 & 23 and removing condition 21 to allow the development to be accessed via a temporary haul road in place of the existing required vehicle access route

Application MW.0099/18: Planning Application under Section 73 of the Town and Country Planning Act 1990 (as amended) to continue the development permitted by permission no P13/V2763/CM (MW.0124/13) (to retain and operate the processing plant and ancillary operations) without complying with by varying conditions 11, 12, 16 & 18 and removing conditions 17, 19 and 20 of to allow the development to be accessed via a temporary haul road in place of the existing required vehicle access route

Report by the Director for Planning & Place (PN8)

These two applications are Section 73 applications to amend the conditions on existing consents. Planning permission (MW.0010/18) was granted in August 2018 for a new haul road to access the mineral extraction and processing areas at Sutton Wick Quarry. The new haul road would provide a more direct route from the highway network to these areas and remove HGVs from the existing route which is also used by cyclists and pedestrians. The existing permissions for the mineral extraction area and the processing area are subject to conditions setting out that the longer route must be used, as the new haul road had not been proposed at the time that those applications were determined. Therefore, these conditions must be updated if the new haul road is to be used.

The original application for the haul road was approved under delegated powers as there were no objections. There have been objections to these applications from the owner and occupier of a property in close proximity to the new haul road. They are concerned that the use of the new road would have amenity impacts including noise, pollution, dust and odour. However, there have been no objections from the Environmental Protection team and it is considered that conditions could be used to adequately mitigate the impact on nearby properties. There would also be amenity benefits from HGVs not using the long route at the front

It is RECOMMENDED that planning permission for:

(a)         application MW.0098/18 be approved subject to the existing conditions on consent MW.0139/18, amended as set out in Annex 1 to this report;

(b)         application MW.0099/18 be approved subject to the existing conditions on consent MW.0124/13, amended as set out in Annex 2 to this report.

The Committee considered (PN8) two Section 73 applications to amend the conditions on existing consents.

Mary Hudson presented the report and responded to questions from:

Councillor Webber – she was not aware of issues regarding flooding in the past 5 years.

Councillor Fitzgerald-O’Connor – odour would not be an issue as the site was used for inert waste.

Councillor Roberts – separation of the bridleway was not considered necessary and in any event beyond the scope of this application. There would be less quarry traffic and that issue had been covered in the report.

RESOLVED: (on a motion by Councillor Johnston, seconded by Councillor Sibley and carried unanimously) that planning permission for:

(a)         application MW.0098/18 be approved subject to the existing conditions on consent MW.0139/18, amended as set out in Annex 1 to the report PN8;

(b)         application MW.0099/18 be approved subject to the existing conditions on consent MW.0124/13, amended as set out in Annex 2 to the report PN8.

The Committee considered a report (PN9) updating members on regular monitoring of minerals and waste planning permissions for the 2018 financial year and progress of enforcement cases.

Presenting the report Mr Hodgkinson clarified the charging regime available to the County Council.

Responding to Councillor Reynolds Mr Hodgkinson confirmed that he had contacted the operators at Ferris Hill Farm regarding the issue of mud on the road and regarding Hill Farm, Great Tew he was working with the agent there to secure the submission of a CLOPUD application and would keep the parish council informed on progress.

Members discussed the need to continue funding the temporary monitoring and enforcement officer post for at least one further year after October 2019 and possibly as a permanent post in the longer term.  Members agreed that it was important to ensure decisions taken were enforced.

RESOLVED: (on a motion by Councillor Sibley, seconded by Councillor Phillips and carried unanimously):

(a)          that the Schedule of Compliance Monitoring Visits at Annex and the Schedule of Enforcement cases at Annex 2 to the report PN9 be noted;

(b)          that the Committee supports consideration being given by the council through the service and Resource process to the continued funding of the temporary Monitoring and Enforcement post so that it was retained for at least one further year after October 2019 and potentially as a permanent post thereafter.

Report by the Director for Planning & Place (PN10)

The application proposes a new single storey three classroom teaching block, including withdrawal room, toilets, stores, ancillary rooms together with minor modifications to hard and soft landscaping and modified parking arrangements. The site lies in a conservation area and there would be a loss of school playing field. Various objections have been received including on these issues but also including the impact on the local highway network of additional associated vehicle movements. The application is considered against development plan policies and other material considerations and recommended for the grant of conditional planning permission subject to the completion first of a unilateral undertaking to secure the payment of a School Travel Plan monitoring fee.

Subject to the applicant first providing a Unilateral Undertaking for the payment of the School Travel Plan monitoring fee of £1240 it is RECOMMENDED that planning permission for R3.0114/18 be approved subject to conditions to be determined by the Director of Planning and Place, to include the following:

i.          Detailed compliance;

ii.         Permission to be implemented within three years;

iii.       Provision of a School Travel Plan prior to the first occupation of the development;

iv.       Provision of additional scooter and cycle parking;

v.         Submission, approval and implementation of a Construction Management Plan;

vi.       Provision of external lighting scheme;

vii.      Provision of bird boxes.

The Committee considered (PN10) an application for a new single storey three classroom teaching block, including withdrawal room, toilets, stores, ancillary rooms together with minor modifications to hard and soft landscaping and modified parking arrangements at Benson CE School.

Mary Hudson presented the report and referred to two emails received following publication of the report. In the first District Councillor Felix Bloomfield had referred to the Benson Neighbourhood Development Plan which acknowledged and supported the need for school expansion on sustainability grounds and to the strategic need for this school extension for the future education of the children of Benson and surrounding villages. He urged that the application be approved along with the transport management plan conditions to ease congestion on Oxford Road at peak times (at the beginning and end of the school day) and reinstate Oxford road as two-way at these times.

The second from Chris Hambleton of Frank Wise Associates the architects for the scheme explained the reasoning behind the current proposal and how during the design stage a number of options had been considered. The relatively compact layout of the existing school had been a defining factor which meant that a direct extension or building location closer to the existing school had not been deemed a feasible solution and realistically only allowed for some form of expansion either to the north or the east of the main building. Any extension of the school building eastwards would have a significant impact upon the existing teaching facilities with potential problems maintaining adequate daylight penetration and ventilation into existing classrooms. Also building an extension onto the existing school would likely cause considerable disruption to the operations of the school during the construction of the new building. The need to maintain safe routes into and around the existing school was paramount particularly during the construction process as was the need to secure access to play spaces. There were site constraints from both land ownership boundaries which did not allow sufficient space to expand north and the majority of the trees on the site being listed.

Bearing in mind the levels of new housing proposed for this area Councillor Matelot felt it imperative for this expansion to go ahead and therefore supported the recommendation.

Councillor Phillips agreed with the need for increased classroom space but had some reservations regarding the need to build on a conservation area and why construction work could not be carried out during school holidays and whether or not these issues could be explored further.

Councillor Webber expressed concern over the apparent disconnect between the property and education resource.

Councillor Mark Gray referred to recently agreed proposals for a 1000 new house build in Benson agreed to help secure a new bypass for the village. That would inevitably lead to an increased demand for school places and potentially require further development at the school and so he questioned why efforts had not been made to secure a new build school as part of the proposed housing.  ...  view the full minutes text for item 52/18