Agenda, decisions and minutes

Councillor John Sanders advised that he was the local member for Item 7 (Church Cowley St James CE Primary School) but confirmed that he had not expressed an opinion on the application. Therefore he intended taking part in the discussion and voting on the application having regard to the officer report and information presented at the meeting.

To approve the minutes of the meeting held on 9 December 2019 (PN3) and to receive information arising from them.

The minutes of the meeting were approved and signed by the Chairman.

48/19 – Progress Report on Minerals and Waste Site Monitoring Enforcement

Officers confirmed that the December report had in fact set out targets for 31 March 2020.  As there might have been some misunderstanding at that meeting they confirmed that those targets were now expected to be met due to a considerable effort from the enforcement team particularly in the light of the problems they had faced over the year following the death of the head of the team.  Members acknowledged that confirmation.

Councillor Handley took the opportunity to apologise if comments he’d made at the December meeting in respect of this report had caused offence. He assured officers that had not been his intention.

Serving of the Prohibition Order for the Review of the Mineral Planning Permission (ROMP) at Thrupp Farm and Thrupp Lane, Radley

The Agent for the operators/owners had recently submitted information regarding the site advising that matters had moved on along the lines previously discussed with details of the Heads of Terms between Curtis and Tuckwell agreed. Tuckwell advised that they would shortly re-submit the application for the conveyor and plant that would allow the Radley minerals to be taken to the Tuckwell plant site for processing.  This 'first stage' was necessary as it would inform the work that was needed in preparing the Environmental Statement.

Land and Mineral Management (LMM) had been instructed to make the submission which should be before the end of February.  As the Heads of Terms between the Parties needed to be confidential they could not be released but LMM had been asked to send an email confirming they had been instructed.

Regarding the Environmental Statement for the Radley conditions the Agent had advised that, allowing for updating surveys and a 12-month water monitoring period, it was expected that that would take some 12 - 18 months to prepare, which suggested a submission by Summer 2021.  Allowing a reasonable time for determination and site preparation would enable the workings to recommence in late 2022 or early 2023 which fitted well with the likely completion dates for Sutton Wick. He felt that this reflected the long-standing commitment of the company to resume mineral extraction at Radley following the rundown/exhaustion of the Sutton Wick Quarry.

Officers confirmed that no further information had been received to date from the owners/operators. Work on the notice was advanced which meant that it could be served within the next 2 weeks although it could be paused until March if members wished.

On the basis of the information presented Committee confirmed that officers proceed to serve the Order in accordance with its earlier decision.

Report by Director for Planning & Place (PN6).

The report considers whether permission should be granted to vary condition 2 relating to permitted HGV movements in connection with planning permission MW.0068/19, for a concrete batching plant to produce ready-mixed concrete at Faringdon Quarry. This is a section 73 application to amend a Prior Approval letter, issued 07 October 2019.

The application is being reported to committee because the local County Councillor, Little Coxwell Parish Council and sixteen third party objections to the application have been received. The objections are to the number of HGV movements per day to be permitted and the need to increase this, the impacts of slow-moving vehicles on an already busy road network, increased risk to other users of Fernham Road and the safety implications of traffic turning onto the A420, including against the traffic flow.

The report outlines further comments received and the 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. The proposal would not increase the overall number of HGVs associated with the existing quarry site when at full operation where the batching plant is located. The parity in movements between the quarry and concrete production operations will contribute to the processing of the extracted minerals, which will ensure the quarry is worked out and restored in a timely manner.

It is RECOMMENDED that subject to a routeing agreement being signed to require all HGVs to turn right onto Fernham Road and then left onto the A420 and the amendment of condition 2 of the Prior Approval (MW.0068/19) as set out in Annex 2 to this report that Application no. MW.0107/19 be approved.

The Committee had before it a report (PN6) which considered whether permission should be granted to vary condition 2 which related to permitted HGV movements in connection with planning permission MW.0068/19, for a concrete batching plant to produce ready-mixed concrete at Faringdon Quarry. This was a section 73 application to amend a Prior Approval letter issued on 7 October 2019.

Mr Periam presented the report together with the addenda sheet setting out a revised recommendation.

Glenn Yarwood for Little Coxwell parish council spoke against the application. Having listened to the issues raised by residents at its meeting on 9 September 2019 the Planning & Regulation Committee had approved an application for installation of a concrete mixing plant but had at that time also recognised the not insignificant issues raised around noise, dust and pollution and particularly the impact of large ready mix cement trucks on the village environment together with issues around safety to and from the A420. Recognising those issues the Committee, therefore, agreed to limit movements to 22 trucks per day (11 trucks in and 11 trucks out) as the limit of acceptability.  The parish council found it unacceptable that the Committee should now be asked within 4 months of that decision to consider a doubling of truck movements to 44 (22 in and 22 out). How could this change in anyway be deemed as suddenly acceptable for this site and the Committee should uphold its earlier decision irrespective of what officers were now recommending as acceptable. Overturning its earlier decision now having applied a condition of acceptability made the planning approval process a farce. The applicant would also have you believe, that this did not represent an increase in truck movements from the originally approved quarry.  The truck movements that this had been based on were much smaller payloads and significantly incorporated a small volume in materials but high volume of trucks for the import of other saleable product.  The approved planning application from June 2013 from the transport document had stated;

·      “2.2 For the period July 2008 to the end of March 2009 the quarry imported approximately 6,587 tonnes of materials and exported approximately 20,366 tonnes of materials.

·      2.3 The imported material was carried on approximately 2,147 loads (11 per day) and the exported material was carried on approximately 2,222 loads (11 per day).  The daily figures quoted were based on 194 working days.”  

The applicant was, therefore, utilising the notion of truck movements to increase its business and supply much larger than previously approved volumes. The current 22 truck movements per day at today’s high payloads easily matched the original volumes approved for the extraction of the quarry. Also, the original truck movements were based on the previous site access that entered the A420 at a much safer location and also had no impact on the Little Coxwell community. Therefore, the current approved concrete mixing plant with the condition of 22 truck movements per day was already a 100% increase on truck movements encountered by our  ...  view the full minutes text for item 6/20

Report by Director for Planning & Place (PN7).

This report considers whether permission should be given to allow for the retention and continued re-use of temporary, prefabricated units T1 and T3 at Church Cowley St James CE Primary School, Oxford for a further period of five years. This is a renewal of temporary permission for the buildings, which was last granted 17 December 2012.

The application is being reported to committee because Oxford City Council has objected to the application. The objection is due to the application being contrary to policy CP25 of the Oxford Local Plan (2000-2016). This policy applies to temporary buildings, defined as 'short-term' of up to five years. As this is an application to renew a planning permission for a further temporary, five-year period, this cannot be supported by Oxford City Council.

The report outlines further comments received and the 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 in line with the Letter from the Communities and Local Government (CLG) to the Chief Planning Officers dated 15th August 2011, to support the development of sate funded schools via the planning system. There would not be an increase in the number of pupils and staff as a result of this application, above the projected pupil figures to 2025 and this application is based on policy and need.

It is RECOMMENDED that Application R3.0105/19 be approved subject to conditions to be determined by the Director of Planning and Place, to include the following:

i. Detailed compliance;

ii. Temporary 5 year consent.

The Committee considered a report (PN7) on whether permission should be given to allow for the retention and continued re-use of temporary, prefabricated units T1 and T3 at Church Cowley St James CE Primary School, Oxford for a further period of five years. This was a renewal of temporary permission for the buildings last granted on 17 December 2012.

Presenting the report together with additional information set out in the addenda Mrs Hudson confirmed that the buildings had been surveyed to confirm their safety.

Members recognised the desirability for provision of permanent buildings at schools but with financial constraints temporary accommodation was unfortunately needed.

RESOLVED: (on a motion by Councillor Haywood, seconded by Councillor Sanders and carried unanimously) that Application R3.0105/19 be approved subject to conditions to be determined by the Director of Planning and Place, to include the following:

i. Detailed compliance;

ii. Temporary 5 year consent.

Report by the Interim Director for Community Operations (PN8).

This report concerns an application to register land at Wilding Park Road, Wallingford as a Town or Village Green (TVG) under section 15 of the Commons Act 2006. The County Council is required to process applications to register land as a TVG acting in its capacity as the Commons Registration Authority and must apply the legislative tests contained in section 15 (2) (a) and (b) of the Commons Act 2006. The Application was made by Mr Anthony Hurford of 1 Sinodun Road, Wallingford. The Application was accompanied by a supporting statement and 8 evidence questionnaires that had been completed by users of the Application Land.

The application was received in February 2018 and advertised in June 2019 in accordance with the applicable Regulations. One objection was received during the consultation period from the landowner, South Oxfordshire District Council. The report considers the evidence provided by both the applicant and the landowner in light of the legislative tests that have to be applied. Counsel’s opinion was also obtained on some of the matters raised in this case. The Council's Scheme of Delegation requires that decisions on applications where there is an outstanding objection are referred to the Planning and Regulation Committee for a decision.

The Planning & Regulation Committee is RECOMMENDED to reject the Application, for the reasons outlined in Counsel’s Opinion dated 29 November 2019 and included at Annex 3 to this report.

The Committee considered a report (PN8) setting out the terms of an application to register land at Wilding Park Road, Wallingford as a Town or Village Green (TVG) under section 15 of the Commons Act 2006 which the County Council through its Planning & regulation Committee were required to process as Commons Registration Authority having applied the legislative tests contained in the Commons Act.

Mr Smith presented the report summarising the reasons put forward by Counsel in reaching a decision to reject the application and advised that the local member, Councillor Pete Sudbury had expressed disappointment that parties were not working together to protect this green space.

Having regard to the clear legal evidence Councillor Reynolds moved that the recommendation as set out in the officer’s report be approved. Seconded by Councillor Johnston it was put to the Committee and –

RESOLVED: (10 votes to 0 with one recorded abstention) to reject the Application to register land at Wilding Park Road, Wallingford as a Town or Village Green, for the reasons outlined in Counsel’s Opinion dated 29 November 2019 and included at Annex 3 to the report PN8.