Agenda and draft minutes

Planning & Regulation Committee - Monday, 2 September 2024 2.00 pm

Venue: Room 2&3 - County Hall, New Road, Oxford OX1 1ND. View directions

Contact: Committees Team  E-Mail:  committeesdemocraticservices@oxfordshire.gov.uk

Link: video link https://oxon.cc/PRC02092024

Items
No. Item

15/24

Apologies for Absence and Temporary Appointments

Minutes:

Apologies for absence were received from Councillors Bennett and Bloomfield.

16/24

Declarations of Interest - see guidance note below

Minutes:

No declarations of interest were received.

17/24

Minutes pdf icon PDF 313 KB

To approve the minutes of the meeting held on 15 July 2024 (PN3) and to receive information arising from them.

Minutes:

Resolved: that the minutes of the meeting held on 15 July 2024 were approved as an accurate record of the meeting and signed by the Chair.

18/24

Petitions and Public Address

Minutes:

No petitions were received.

 

The following speakers requested to address the Committee on the following items on the agenda:

 

Item 5: Land at White Cross Farm, Wallingford, Oxfordshire

·       Cllr Pete Sudbury, Councillor for Wallingford Division

·       Vicky Beardall Richards, Cholsey Parish Council

·       Professor Richard Harding, CPRE

·       Linda Rolfe

·       Dr Sue Roberts

·       Tom Oliver

·       Simon Rees, Director of Greenfield Environment (agents for the applicant, London Rock Supplies Ltd)

 

Item 6: Bridge Farm Quarry, Sutton Courtenay

·       Mr O’Broin, Appleford on Thames Parish Council

·       Rita Atkinson, Sutton Courtney Parish Council

·       Robin Draper

·       Philip Duncan, Corylus Planning & Environment

 

Item 7: Bridge Farm Quarry, Sutton Courtenay

·       Mr O’Broin, Appleford on Thames Parish Council

·       Rita Atkinson, Sutton Courtney Parish Council

·       Robin Draper

·       Philip Duncan, Corylus Planning & Environment

 

Item 8: Delegations for discharge of statutory development and enforcement planning functions

·       Mr O’Broin, Appleford on Thames Parish Council

19/24

Land at White Cross Farm, Wallingford, Oxfordshire pdf icon PDF 1 MB

Extraction and processing of sand and gravel including the construction of new site access roads, landscaping and screening bunds, minerals washing plant and other associated infrastructure with restoration to agriculture and nature conservation areas, using inert fill.

 

Report by Head of Strategic Planning.

 

RECOMMENDATION

 

It is RECOMMENDED that subject to a Traffic Regulation Order to prohibit right-turn movements into the site from the A329 Reading Road and right-turn movements out of the site onto the A4130 Nosworthy Way first being made and a S.106 legal agreement to cover the matters in Annex 2, planning permission for MW.0115/21 be approved subject to conditions to be determined by the Head of Strategic Planning, to include those set out in Annex 1.

 

 

Additional documents:

Minutes:

The Planning Applications Team Leader introduced the application to the Committee for the site at White Cross Farm which was located approximately 1.5km to the south of Wallingford town centre within the South Oxfordshire District.  The land was proposed for the extraction and processing of sand and gravel, with restoration to agriculture and nature conservation and was a new site currently used as grazing land with one field used for crops.

 

The Committee were presented with slides detailing the geographical landscape and outlined the four phases of the extraction and restoration project, a correction to the paragraph 19 of the report.  The Committee were advised that this was the same development previously applied for under MW.0033/18, with the proposals amended to address the reasons for refusal of that application.  Most significantly, these were the restoration and afteruse proposals that would now restore the land to agriculture and nature conservation using imported inert fill.  Also, the marina afteruse was no longer proposed.

 

The Committee was advised that 351 third-party representations had been received, one of those supported the application, and the remaining had objected or expressed concerns.  The points raised were detailed in Annex 4 to the report.  It was also noted that the Environment Agency formally confirmed they no longer objected during the third consultation to the application following flood modelling identified in response to the second consultation.  Since the report had been published, a further representation had been received and this had been published as an addendum to the published agenda.  This had related to flooding and groundwater which had been addressed within the report, but included a further response from the applicant.  There had also not been any objections received from the Environment Agency or the lead local flood authority, and also no objections from the Environment Health Office or the Highways Authority.

 

The recommendation to the Committee was as follows:

 

It is RECOMMENDED that subject to a Traffic Regulation Order to prohibit right-turn movements into the site from the A329 Reading Road and right-turn movements out of the site onto the A4130 Nosworthy Way first being made and a S.106 legal agreement to cover the matters in Annex 2, planning permission for MW.0115/21 be approved subject to conditions to be determined by the Head of Strategic Planning, to include those set out in Annex 1.

 

The Committee were addressed by the following registered public speakers:

 

·       Councillor Pete Sudbury addressed the Committee as Councillor for the Wallingford Division and as Cabinet Member whose portfolio included minerals and flooding.  He advised that he was objecting to the application due to the level of flooding that occurs every winter on the site and the impact on the local road network, which was already very congested due to its proximity to the main route from Didcot to Reading.  He also drew attention to the objections raised by the Council’s Landscape Officer and officers at South Oxfordshire District Council.  He highlighted concerns regarding the lack of communication provided to those affected by  ...  view the full minutes text for item 19/24

20/24

Bridge Farm Quarry, Sutton Courtenay pdf icon PDF 1 MB

Developments proposed:

 

1)    Section 73 application to continue the development permitted by planning permission no. P18/V2145/CM (MW.0093/18) for proposed new stockpile area to be used in conjunction with mineral extraction permitted by planning permission no. P16/V2694/CM (MW.0127/16)  for the storage of approximately one month supply of mineral to enable continuous supply in case of flooding for a period of up to three years from date of commencement of extraction under planning permission no. P16/V2694/CM (MW.0127/16) to vary condition 1 to enable vehicles to transport remaining sand and gravel from the stockpile to the plant site.

 

2)    Section 73 application to continue the development of the extraction of sand and gravel and restoration using in situ and imported clay materials to create a wet woodland habitat as permitted by MW.0094/18 (P18/V2171/CM) without complying with conditions 1 and 16, in order to extend the end date of restoration and remove the remaining stockpile of sand and gravel by road rather than conveyor. And to vary conditions 2 and 32 for the substitution of an updated restoration plan.

 

Report by the Head of Strategic Planning.

 

RECOMMENDATION:

 

The report recommends that applications MW.0004/20 and MW.0008/20 be approved.

 

 

Minutes:

The Planning Development Manager introduced the two applications for Bridge Farm Quarry, Sutton Courtenay along with those the subject of Agenda item 7.  The first application sought permission to move the remaining stockpiled sand and gravel permitted under planning permission MW.0093/18 using HGV movements instead of by the permitted conveyor tunnel beneath the B4016.  The Committee were advised that this was due to a major breakdown of the conveyor and that there were no other means of removing the material from the site.  Application MW.0008/20 was a Section 73 application to continue the development of the extraction of sand and gravel and restoration using in situ and imported clay materials to create a wet woodland habitat as permitted by MW.0094/18 without complying with conditions 1 and 16, in order to extend the end date of restoration and remove the remaining stockpile of sand and gravel by road rather than conveyor and conditions 2 and 32 for substitution of an updated restoration plan.

 

The recommendation to the Committee was:

 

The report recommends that applications MW.0004/20 and MW.0008/20 be approved.

 

The Committee were addressed by the following registered public speakers:

 

·       Mr O’Broin, Appleford-on-Thames Parish Council addressed the Committee on agenda items 6 and 7.  He highlighted the impact on the community from the adjacent development who have suffered from many negative consequences such as noise, odour and in this case traffic disruption.  The Committee were informed that they did not object to every application, only to those that interfere with the quality of life and the health of the residents.  He requested that strict conditions be applied to the applications, including that the completion date should be no later than December 2025, the restoration of the conveyor for gravel extraction and that all commercial traffic movements to and from the site should be restricted and not allowed during morning and evening rush hour.

·       Rita Atkinson, Sutton Courtenay Parish Council addressed the Committee on agenda items 6 and 7.  She advised that they agreed with all comments made by Appleford-on-Thames Parish Council and wanted to highlight the additional extension to the timescales for the completion date for restoration of the site and the use of HGVs to transport stockpiled sand and gravel across the B4016.  The Committee were informed that Sutton Courtenay Parish Council would agree to the applications provided that the S73 applications to extract gravel from 5 and 6 were rejected and would agree to the stockpile from phase 1 to 4b being moved across the B4016 to speed up the restoration of the site and to meet the end date of 2025 provided that the end date of 2025 was granted as an immutable condition.

·       Robin Draper, Vice Chair of the Community Liaison Group with Heidelberg and FCC addressed the Committee on agenda items 6 and 7.  He highlighted the delays and lack of urgency in addressing the bridge quarry project, with end dates repeatedly pushed back, with numerous S73 applications to change conditions and no enforcement taken despite clear  ...  view the full minutes text for item 20/24

21/24

Land at Bridge Farm Quarry, Sutton Courtenay pdf icon PDF 978 KB

Developments proposed:

 

1)    To haul phase 5 and 6 mineral across B4016 and to import inert fill to effect approved restoration scheme in phase 5.

 

2)    Section 73A application to continue the development permitted by planning permission no. MW.0049/19 (P19/V1273/CM) (for Small extension to Bridge Farm Quarry to extract sand and gravel and restoration to agriculture and lakes with reed fringes) without complying with conditions 2, 39 and 42 to extend the date for final restoration and to reflect the relevant amended restoration design.

 

Report by Head of Strategic Planning.

 

RECOMMENDATION:

 

It is RECOMMENDED that:

 

A - Application MW.0048/19 be APPROVED subject to

 

  1. A routeing agreement to ensure that HGVs transporting inert waste to the site comply with the existing routeing requirements for HGVs exporting mineral to access the site via the Didcot Perimeter Road.
  2. A section 106 agreement requiring (a) the works to the highway (staggered signalized junction incorporating MOVA) to be completed prior to the commencement of development and (b) works to restore the highway at the crossing point being undertaken following the completion of the development.

 

And to conditions to be determined by the Head of Strategic Planning to include those set out in Annex 2.

 

B - Application MW.0067/22 be APPROVED subject to conditions to be determined by the Head of Strategic Planning to include those set out in Annex 3.

 

 

Minutes:

The Planning Development Manager introduced the subsequent two applications for the land at Bridge Farm Quarry, Sutton Courtenay and advised that these were in respect of MW.0048/19 for the removal of mineral from phases 5 & 6 across the B4016 by road and the importation of inert fill material for the restoration of phase 5 which was recommended for approval subject to a routeing agreement to ensure that HGVs transporting inert waste to the site comply with the existing routeing requirements, and a Section 106 agreement requiring (a) works to the highway be completed prior to the commencement of development and (b) work to restore the highway at the crossing point be undertaken following the completion of the development.  And application MW.0067/22 for the variation of conditions 2, 39 and 42 of permissions no. MW.0049/19 to extend the date for final restoration and minor amendments to the site’s restoration be approved subject to the conditions to be determined by the Head of Strategic Planning to include those set out in Annex 3.

 

The recommendation to the Committee was as follows:

 

A – Application MW.0048/19 be APPROVED subject to

1.     A routeing agreement to ensure that HGVs transporting inert waste to the site comply with the existing routeing requirements for HGVs exporting mineral to access the site via the Didcot Perimeter Road.

2.     A section 106 agreement requiring (a) the works to the highway (staggered signalised junction incorporating MOVA) to be completed prior to the commencement of development and (b) works to restore the highway at the crossing point being undertaken following the completion of the development.

And to conditions to be determined by the Head of Strategic Planning to include those set out in Annex 2.

 

B – Application MW.0067/22 be APPROVED subject to conditions to be determined by the Head of Strategic Planning to include those set out in Annex 3.

 

Cllr Gawrysiak proposed the motion to approve the applications, which were seconded by Cllr Snowdon. 

 

During debate the following was noted:

 

·       The Committee wished to strictly enforce an end date of 31 December 2025 for completion of the whole site and requested an informative be attached to the decision notices without prejudice to the determination of any future planning application, that the applicant be advised that the Council is of the view that the completion of the development and restoration of the quarry is long outstanding and trusts that the commitments made on behalf of the applicant to the completion of the development and restoration of the quarry in the timescale permitted will be met.

·       The Committee were able to set its own monitoring schedule, and whilst not able to set it as a condition to the application, could record for the minutes and would recommend this to be four times a year.

·       The Committee did not wish to make any change to condition 5 of Annex 2, for application MW.0048/19 to change the times that operations could be carried out.

 

RESOLVED: that the planning applications MW.0048/19 and  ...  view the full minutes text for item 21/24

22/24

Delegations for discharge of statutory development and enforcement planning functions pdf icon PDF 333 KB

This report seeks a decision to approve an updated scheme of delegation to officers on Town and Country Planning matters outside of those decisions taken by the Planning and Regulation Committee.

 

Report by Director of Economy and Place.

 

RECOMMENDATION:

 

It is RECOMMENDED that the members of Planning and Regulation Committee note and approve the updated scheme of delegation to the Director of Economy and Place under the provisions within the Oxfordshire County Council constitution for the discharge of Town & Country Planning development management and planning enforcement functions as set out in Annex 1 to this report.

 

 

Additional documents:

Minutes:

The Head of Strategic Planning presented the report which sought approval of an updated scheme of delegation to officers on Town and Country Planning matters outside of those decisions taken by the Planning and Regulation Committee.

 

The Committee were addressed by Greg O’Broin, Vice-Chair of Appleford-on-Thames Parish Council who advised the Committee of their role to question the plans and Officers, and drew particular attention to the amendment to compulsory call in.  He requested that the Committee amend the scheme of delegation for better democratic accountability and transparency, and requested that the following amendments be made as follows:

 

The scheme as proposed be amended for compulsory call-in where:

1.     The County is both the Planning Authority and Developer, or the Council is a landowner.

2.     Clause 1 iii) be amended to include “or District Councillor representing the area or formal request on foot of resolution at a public meeting from the local Parish Council”.

3.     Annex 1 final paragraph is amended to include “…advice to be taken from the Committee Chair and the Council’s Director of Law and Governance and Monitoring Officer”.

 

In response to queries raised by the Committee, the Head of Strategic Planning advised that it would be beneficial for the Committee to consider the points raised by the public speaker to determine how they would work in practice.

 

The recommendation to the Committee was as follows:

 

It is recommended that the members of the Planning and Regulation Committee note and approve the updated scheme of delegation to the Director of Economy and Place under the provisions within the Oxfordshire County Council constitution for the discharge of Town & Country Planning development management and planning enforcement functions as set out in Annex 1 to this report.

 

Cllr Johnson moved the motion to approve the recommendation and ask that Officers review the issues raised by the public speaker for further amendment at a later date, and this was seconded by Cllr Roberts.

 

RESOLVED: that the updated scheme of delegation to the Director of Economy and Place under the provisions within the Oxfordshire County Council constitution for the discharge of Town & Country Planning development management and planning enforcement functions as set out in Annex 1 to this report, be noted and APPROVED, and that officers review and report back on the issues raised by the public speaker.