Agenda, decisions and minutes

Venue: County Hall, New Road, Oxford

Contact: Graham Warrington  Tel: 07393 001211; E-Mail:  graham.warrington@oxfordshire.gov.uk

Items
No. Item

34/19

Apologies for Absence and Temporary Appointments

Minutes:

 

 

Apology for Absence

 

Temporary Appointment

 

 

Councillor Stefan Gawrysiak

Councillor Peter Handley

Councillor Damian Haywood

 

 

(no temporary appointment)

(no temporary appointment)

(no temporary appointment)

 

 

 

 

 

35/19

Declarations of Interest - see guidance note opposite

Minutes:

No declarations made.

36/19

Minutes pdf icon PDF 263 KB

To approve the minutes of the meeting held on 15 July 2019 (PN3) and to receive information arising from them.

Minutes:

The minutes of the meeting held on 15 July 2019 were approved and signed.

 

Minute 31/19 - Extraction Of Sand, Gravel And Clay Including The Creation Of New Access, Processing Plant, Offices With Welfare Accommodation, Weighbridge And Silt Water Lagoon System With Site Restoration To Agriculture And Nature Conversation Including Lakes With Recreational Afteruses And The Permanent Diversion Of Footpath 171/15 And Creation Of New Footpaths At Land At Fullamoor Plantation, Clifton Hampden, Abingdon, OX14 3DD - Application MW.0074/18

 

Mr Periam advised that as no further material comments had been received a refusal notice for Application MW.0074/18 had therefore been issued.

 

37/19

Petitions and Public Address

Minutes:

 

 

 

Speakers

 

 

Item

 

Roger Thomas (Friends of Radley Lakes)

Richard Dudding (Radley Parish Council)

Douglas Symes (Agent)

 

 

)

)

) 6. Radley ROMP

)

)

 

Kevin Griffin – OCC

Matthew Richards (Ridge & partners)

Lynne Harrison (Wallingford School)

County Councillor Lynda Atkins

 

 

)

)

) 7. Wallingford School – Application ) R3.0143/18

)

 

 

Glen Yarwood (Little Coxwell Parish Council)

County Councillor Judith Heathcoat

 

 

) 8. Faringdon Quarry – Application )MW.0068/19

)

 

Suzi Coyne (Agent)

County Councillor Charles Mathew

 

 

) 9 – Dix Pit – Application )R3.0059/19

 

38/19

Chairman's Updates

Minutes:

There were no updates.

39/19

Serving of the Prohibition Order for the Review of the Mineral Planning Permission (ROMP) at Thrupp Farm and Thrupp Farm, Radley pdf icon PDF 315 KB

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

 

This report brings to Committee the issue of serving a Prohibition Order for the Review of the Mineral Planning Permission (ROMP) at Thrupp Farm and Thrupp Farm, Radley having first set out the issue to be considered which is whether the minerals development has permanently ceased or not and, therefore, the duty to serve a Prohibition Order or not.

 

It is RECOMMENDED that it be determined that mineral working on the site has permanently ceased and that accordingly there is a duty on the Mineral Planning Authority to serve a Prohibition Order of the mineral permissions covering areas DD1 (Plan 1) and DD2 (Plan 2).

 

 

Additional documents:

Minutes:

The Committee considered (PN6) a report setting out the issue of whether minerals development at Thrupp Farm and Thrupp Farm, Radley had permanently ceased and whether or not a Prohibition Order for the Review of the Mineral Planning Permission (ROMP) should be served.

 

Roger Thomas spoke on behalf of the Friends of Radley Lakes community organisation who supported the making of the Prohibition Order. They had no objection in principle to further gravel extraction here, but the prolonged inactivity had created uncertainty and impeded planning for the wider area. Posing the question whether or not it appeared on the evidence available, that mineral working was likely to resume at this site he felt that on the basis of evidence over the past half-century that would not seem to be the case. The main unextracted area was Area 5 permission for which had been granted in 1971. There had been no extraction in this area since then. The general consensus locally as to why extraction of this area had not even begun, nearly 50 years on was that as Area 5 lay in the floodplain extraction would quite simply be uneconomic. In summary, all the evidence suggested that a resumption of mineral working here was unlikely and would appear to have permanently ceased at this site.

 

Richard Dudding spoke on behalf of Radley Parish Council who supported the proposed prohibition order. Permissions to extract minerals there dated back to 1954 with most of the former workings restored and no extraction having taken place since about 1995. As minerals workings ceased the area had wonderful potential for nature conservation and quiet recreation. Minerals, however, remain in the ground in a field called Nyatt [Area 5] with the operator maintaining they would eventually be extracted. However, to judge the credibility of that claim it would be necessary to look also at another site nearby in Area 1 consisting of a yard that had previously serviced minerals operations. Since 1982, if not before, the operator let that yard for industrial and commercial activities unrelated to minerals while arguing that it would eventually be needed to service the Nyatt operations and, therefore, should not be restored to greenfield.  This had enabled them to obtain temporary planning permissions for uses which would otherwise have had no chance of being allowed – given the green belt location and the unsatisfactory road access. In 1992 following a public inquiry an Inspector agreed to allow the uses for a further period, but this was based on his firm belief that the Nyatt minerals would be fully extracted by 2008 at very latest and possibly sooner. However, 27 years after that decision there was no sign of extraction even starting. In 2012 Tuckwells obtained planning permission for the Nyatt minerals to be conveyed to their yard for treatment but that permission lapsed in 2017.  In our view statements by the operators did not reflect their actual intent but were a device to justify prolonging their unrelated commercial activity at their  ...  view the full minutes text for item 39/19

40/19

Provision of a new 64 space carpark, comprised of a 43 space formally laid out paved parking area with an overflow grass-protected area providing the additional 21 spaces. Works include the adaption of the existing site opening and installation of an access barrier at field area directly to the West of St Georges Road and North of Millington Road, Wallingford, Oxon, OX10 8HL - Application R3.0143/18 pdf icon PDF 380 KB

Report by the Director for Planning & Place (PN7).

 

The report considers whether permission should be granted for the provision of a new 64-space car park, 43 spaces formally laid out and 21 spaces in an overflow grass protected area. Works are to include the adaption of the existing site entrance and installation of an access barrier (planning permission no. R3.0143/18). It is a full application to allow the creation of staff-only parking, in connection with the planned expansion of Wallingford School, St Georges Road, Wallingford (an Academy school) and is required as the development for the extension of Wallingford School will remove some of the existing parking currently provided.

The application is being reported to Committee because Sport England, South Oxfordshire District Council and ten third party objections to the application have been received, during the first consultation phase. Those objections were based on loss of playing field provision, noise and visual impacts of additional traffic, increased air pollution and the requirement for a car park there, or at all. A second consultation on a reduction in car parking spaces from 100 to 64 is still ongoing ending on 6 September. The objections over loss of playing field space and impact on air quality have not been removed. Officers will update the Committee orally on any comments received subsequent to this report being published.

 

This report outlines comments received together with a recommendation by the Director for Planning and Place.

 

It is RECOMMENDED that the Director for Planning and Place be authorised to EITHER:

 

A       i) should planning permission to application no. P19/S0191/FULbe approved by South Oxfordshire District Council and this application first being referred to the Secretary of State to provide the opportunity for the application to be called in for his own determination, as required under the Town and Country Planning (Consultation) (England) Direction 2009 and the Secretary of State not calling in the application for his own determination following referral to him,  APPROVE application no. R3.0143/18 subject to conditions to be determined by the Director of Planning and Place including those set out in Annex 2 to this report.

 

          ii) should South Oxfordshire District Council be minded to approve P19/S/0191/FUL, that they are advised that the County Council considers a condition should be attached, that the school extension shall not be brought into use until a car park has been provided for additional staff parking in the vicinity of the school and such car park is available for use;

 

OR

 

B       should planning permission to application no. P19/S0191/FULbe refused by South Oxfordshire District Council to REFUSE planning permission for application no. R3.0143/18 for the following reasons:

 

1.               The proposed development would lead to significant impacts on amenity, including air quality and would be contrary to policies CSWAL1 of the SOCS and policies EP1, WAL1, and ENV12 of the ESOLP.

 

2.               The proposed development would lead to pollution emissions, noise and vibration, and would therefore be contrary to saved policies EP1 and EP2 of  ...  view the full agenda text for item 40/19

Additional documents:

Minutes:

The Committee considered (CMDE7) an application for provision of a new 64-space staff only car park in connection with the planned expansion of Wallingford School, St Georges Road, Wallingford required as the development for the extension of Wallingford School would remove some of the existing parking currently provided. The application was being reported to Committee because of objections received during a first consultation phase from Sport England, South Oxfordshire District Council and third-party objections based on loss of playing field provision, noise and visual impacts of additional traffic, increased air pollution and the requirement for a car park. A second consultation reducing the number of spaces from 100 to 64 was due to end on 6 September although the objections over loss of playing field space and impact on air quality had not been removed.

 

Kevin Griffin confirmed that the application had been required to support the expansion of Wallingford School necessary as a result of housing growth.  The application, which represented a net growth of 36 spaces, was being proposed on an area of land not regarded as suitable for recreation use by the school.

 

Lynne Harrison confirmed that the proposed area in St Georges Road had not been used for many years due mainly to logistics including lack of changing facilities, although there had been some limited use by a local youth football club.  However, that had stopped with the club moving to use the astro pitch facilities at the school.

 

Matthew Richards confirmed that as space on the current Wallingford school site was very restricted resiting the car park off-site would help to avoid any adverse impact on current on-site facilities as a result of the necessary planned expansion of the school.

 

Responding to Councillor Sames Mr Griffin accepted that while the birth rate was declining increased housing would result in increased numbers and regarding child obesity by resiting the car park off-site they were avoiding any impact or reduction off on site facilities.

 

Councillor Lynda Atkins supported the application which was about meeting the  needs of Wallingford and the surrounding area.  The County Council had a duty to provide educational needs and if that was not done there would be a requirement to transport children to other schools. The field proposed for the new car park did not work logistically for the school and with no other reasonable option available as the school was surrounded by housing this presented a sensible option to meet the pressing needs of Wallingford School.

 

Councillor Sames considered the proposal contradictory to paragraph 97 of the NPPF which prevented playing fields being developed on unless 3 tests had been met. That as far as he could see had not been addressed neither had the site been declared site surplus to requirements. That could leave the Council open to challenge.

 

Mr Mytton replied that the NPPF contained a number or relevant references to this application which the report mentioned.

 

Councillor Reynolds acknowledged the level of objection to the proposal but considered that  ...  view the full minutes text for item 40/19

41/19

Request for Prior Approval of the installation and use of a concrete batching plant to produce ready-mixed concrete for sale at land at Faringdon Quarry, Fernham Road, Faringdon, Oxfordshire, SN7 7LG - Application MW.0068/19 pdf icon PDF 285 KB

Report by the Director for Planning & Place (PN8).

 

This report considers whether Prior Approval should be granted for the installation and use of a concrete batching plant to produce ready-mixed concrete at Faringdon Quarry (planning permission no. MW.0068/19). It is an application for Prior Approval of Permitted Developmment under Part 17, Class B of the General Permitted Development (England) Order (As Amended) 2015.

The application is being reported to Committee because the local County Councillor, Little Coxwell Parish Council, Faringdon Town Council and three third parties have objected to the application on the grounds of use of the planning system, traffic, local amenity and need citing that the application has been submitted in a mis-application of the planning system, there is no need for the development as there is no indigenous materials to be used, the amenity of local residents will be impacted by noise dust and visual intrusion and that the increase in HGV movements will be dangerous and the highways network is already at and above capacity.

The development accords with the provisions of the General Permitted Development (England) Order (As Amended) 2015; Part 17, Class B as an installation of plant that is ancillary to the existing mining operations using indigenous material from the existing quarry. However, prior approval is required from the Mineral Planning Authority on the siting, design, and external appearance of the plant to be installed under Permitted Development. There is limited scope for the council to condition or refuse the application.

 

It is RECOMMENDED that the prior approval is granted for the installation and use of a mobile Concrete Batching Plant to produce ready-mixed concrete for sale under Part 17, Class B of the Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended), and in accordance with the detailed proposals for the location, height, design and appearance of the plant, as contained within the application and listed in the Schedule of Approved Plans and Documents.

 

Schedule of Approved Plans and Documents

 

(i)     Request letter dated 09.07.19

(ii)   Location Plan – Drawing No. DG.EST.FAR.CBP.01

(iii)  Concrete Batching Plant Location Plan – Drawing No. DG.EST.FAR.CBP.02

(iv)  MCM60 & MCS50 Silo Layout Plan – Drawing No. Wiltshire MCM60 Layout

(v)   MCM60 & MCS50 – Silo Elevation Plan – Drawing No. Wiltshire MCM60 Elevation Layout

(vi)  Technical Note dated 29.05.19

(vii)   Faringdon CBP Technical Note Addendum Noise 21.08.19

 

On condition that the submission of a screening planting scheme is submitted to and approved in writing by the Minerals Planning Authority and implemented prior to the installation of the mobile batching plant.

 

Additional documents:

Minutes:

The Committee considered (PN8) a report on whether Prior Approval should be granted for the installation and use of a concrete batching plant to produce ready-mixed concrete at Faringdon Quarry (planning permission no. MW.0068/19). This was an application for Prior Approval of Permitted Developmment under Part 17, Class B of the General Permitted Development (England) Order (As Amended) 2015 and was being reported to Committee because objections had been received from the local County Councillor, Little Coxwell Parish Council, Faringdon Town Council and other third parties.

Mr Periam presented the report together with additional information set out in the addenda which included a revised recommendation.

Glen Yarwood on behalf of Little Coxwell Parish Council and residents considered the introduction of a concrete batching plant wholly unacceptable, completely disproportionate and a major departure from the initial quarrying of local materials for onward sale. Objections related to noise, traffic, dust and pollution, impact on the rural countryside, water supply and commercial considerations. Little Coxwell was a rural location with a large number of walkers on local footpaths and horses located in the fields opposite the site and all using local bridleways and roads. Noise from the machinery would have a huge effect as would the visual impact. Dust and pollution would be distributed over a wide area and it was dismissive to suggest this would or could be mitigated by modern dust collection systems. That was clearly not the case as evidenced at other similar sites. The investment made in this sort of equipment suggested an intent to gain as much revenue as possible and, therefore, activity on site would inevitable increase. There was likely to be a higher increase in traffic than had been suggested with a more realistic figure of 10 vehicles an hour if equipment was used at full capacity. That investment also seemed to be contradictory to the site closing in 2026 which suggested an extension to the working life of the quarry. The potential for dust and pollution from cement dust which can be extremely harmful was considerable and it made little sense to introduce this sort of risk in an area when no demonstrable need for the material had been shown to exist. A 7-metre high piece of equipment would be visible and it was not acceptable to suggest that it would blend in on an existing industrial site or increase what was already an eyesore in the rural community. Water supply could be affected if the plant was on the same supply as the local community which already suffered from low water pressure. The parish council were strongly requesting that the application be refused.

Endorsing the above comments County Councillor Judith Heathcote emphasised the rural and agricultural location of this site and the consequences for the surrounding area. The site stood adjacent to the A420 where traffic levels were steadily increasing and with the expansion of Swindon safety levels were decreasing to such an extent that the road had been identified for inclusion in the  ...  view the full minutes text for item 41/19

42/19

Use of land for manufacture of recycled aggregate and soils at D & M Plant Hire Ltd, Dix Pit, Linch Hill, Stanton Harcourt, OX29 5BB - Application R3.0059/19 pdf icon PDF 643 KB

Report by the Director for Planning & Place (PN9).

 

This application is for the temporary use of 0.32ha of land for the manufacture of recycled aggregate and soils and the local member has requested that the application be determined by the Planning & Regulation Committee.

 

Objections have been received from Northmoor Parish Council due to the transport, dust and noise impacts.

 

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

 

The development accords with the Development Plan as a whole and with individual policies within it, as well as with the NPPF. It is considered to be sustainable development in terms of environmental, social and economic terms. The proposed development would be beneficial in terms of contributing towards Oxfordshire’s supply of recycled aggregate material and that potential impacts can be adequately addressed through planning conditions and the routeing agreement prohibiting HGVs associated with the site passing along the B4449 through Sutton during peak hours.

 

It is RECOMMENDED that subject to a routeing agreement first being entered into planning permission for Application MW.0059/19 be approved subject to conditions to be determined by the Director for Planning and Place including the matters set out at Annex 3 to the report.

 

 

Additional documents:

Minutes:

The Committee considered (PN9) an application for the temporary use of 0.32ha of land for the manufacture of recycled aggregate and soils at the request of the local member. Objections had been received from Northmoor Parish Council due to the transport, dust and noise impacts.

 

Mrs Hudson presented the report.

 

Suzi Coyne for the applicant welcomed the recommendation.  The proposed use of the land would prevent material going to landfill and was sited away from properties.  The applicant recognising the strong local concerns regarding traffic was happy to enter into a routeing agreement but considered it unreasonable to have to pay a security deposit as outlined in the Council’s lorry routeing protocol as he had a tracking system to monitor lorry movements and as there would only be a maximum of 3 movements an hour with no history of persistent breaches the County Council needed to demonstrate that such a payment was justified.

 

She then responded to:

 

Councillor Johnston – confirmed all company vehicles were fitted with the tracking device.

 

Councillor Roberts – only company lorries and vehicles were used.  There were no sub-contractors.

 

Councillor Mathew confirmed that active recycling and preparatory work had been carried out prior to permission being obtained. He supported recycling and secondary aggregate production but had concerns regarding noise and dust including for those working next door to the operation. He continued to have concerns over the use of B449 through Sutton and its impact on residents.  He queried whether the applicant had permission to use a private haul road and quoting County Council policy that no new applications would be approved until a Sutton bypass had been built stressed that the present situation remained unacceptable.

 

Responding to Councillor Fox-Davies he confirmed that the routeing agreement had not been flouted by D & M Plant Hire but they had, in his view, not shown respect to planning regulations.

 

Councillor Reynolds expressed concern regarding incremental gain.  Applications individually often seemed to be acceptable but that was not the case collectively and he was against this application on the grounds of concern regarding heavy traffic and the impact on Sutton residents living close to the road.

 

Councillor Johnston stated that there needed to be a demonstration of severe harm in order to justify refusal of an application but he did not consider thatthat  had been done in this case.

 

RESOLVED: (on a motion by Councillor Fox-Davis, seconded by Councillor Johnston and carried by 7 votes to 2, Councillor Sames and Councillor Reynolds recorded as voting against) that subject to a routeing agreement first being entered into planning permission for Application MW.0059/19 be approved subject to

 

(i)        conditions to be determined by the Director for Planning and Place including the matters set out at Annex 3 to the report PN9; and

(ii)       an informative on the consent stating that the reason that a security deposit was not sought for the routeing agreement was that the applicant did not have a poor track record of complying with routeing agreements.