Agenda and minutes

The Interim Committee Officer, Jonathan Deacon, invited the Committee to elect the Chair for the 2023/24 Council Year. As a result of a nomination from Councillor Robin Bennett and seconded by Councillor Imade Edosomwan, it was AGREED that Councillor Geoff Saul be elected as the Chair for the 2023/24 Council Year.

The elected Chair, Councillor Geoff Saul, invited the Committee to elect the Deputy Chair for the 2023/24 Council Year.  As a result of a nomination from Councillor Judy Roberts and seconded by Councillor John Howson, it was AGREED that Councillor Richard Webber be elected as the Deputy Chair for the 2023/24 Council Year.

Apologies for absence were received from Councillor Felix Bloomfield, Councillor David Rouane and Councillor Richard Webber.  Councillor John Howson substituted for Councillor Webber.

There were none.

To approve the minutes of the meeting held on 17 April 2023 and to receive information arising from them.

It was RESOLVED that the minutes of the meeting held on 17^th April 2023 be confirmed as a true record and signed by the Chair.

Members of the public who wish to speak at this meeting can attend the meeting in person or ‘virtually’ through an online connection.

To facilitate ‘hybrid’ meetings we are asking that requests to speak or present a petition are submitted by no later than 9am four working days before the meeting i.e., 9am on Tuesday 30 May 2023. Requests to speak should be sent to jonathan.deacon@oxfordshire.gov.uk.

If you are speaking ‘virtually’, you may submit a written statement of your presentation to ensure your views are taken into account. A written copy of your statement can be provided no later than 9am 2 working days before the meeting. Written submissions should be no longer than 1 A4 sheet.

Requests to address the Committee were received as follows:

·        Shores Green Junction Witney (Item 7 on the agenda) – Mr Bal Tiwana Associate Planner, Stantec, attended the meeting to speak on behalf of the Applicant.  Councillor Dan Levy, Eynsham Division, also attended the meeting and addressed the Committee. 

·        Sutton Courtenay Landfill Site (Item 8 on the agenda) – Councillor Greg O’Broin, Chair of Appleford Parish Council (who spoke virtually) and Mr Robin Draper (attended the meeting) who spoke on his own behalf and that of Sutton Courtenay Parish Council, addressed the Committee in opposition to the recommendations.

·        Proposed Planning Enforcement Notice (Item 9 on the agenda) – Councillor Bob Johnston, Kennington and Radley Division, Oxfordshire County Council attended the meeting and addressed the Committee.

The construction of two new west-facing slip roads at the Shores Green junction of the A40; an off-slip to allow eastbound vehicles to exit the A40 onto the B4022 towards Witney and an on-slip to allow westbound vehicles to enter the A40 from the B4022 at this junction. Two existing lay-bys to the west of the A40 overbridge will be removed to accommodate the construction of the slip roads.

Report by Director for Planning, Environment and Climate Change.

It is RECOMMENDED that planning permission for application R3.0039/22 be approved subject to conditions to be determined by the Director of Planning, Environment and Climate Change, to include those set out in Annex 1.

At the previous meeting held on 17^th April, the Committee had deferred the application.  Correspondence had been received from the South Leigh and High Cogges Parish Council and the local Member, Councillor Levy, in which significant concerns were raised.  Following the publication of the report, furthere-mails and an accompanying letter had been received from the Parish Council. The letter stated that they considered there to be significant legal implications arising from the report and that the decision should be adjourned for a meeting with the Council. They considered that the report contained errors and suggested that they may challenge any decision made if the application was granted on the 17^th April. The Parish Council considered that the focus of the report was on Witney, with inadequate considerations on the effects that the development proposed will have on South Leigh and High Cogges, indeed compounding the effect of the focus on Witney by inaccuracies about South Leigh.

As set out in the report, following the deferral of the application in April, meetings had been held between the applicant and the Parish Council and the report was updated accordingly.  Prior to the current meeting, correspondence had been received on behalf of South Leigh and High Cogges Parish Council that ‘sufficient progress had been made and a willingness to work cooperatively with us been shown’.  They confirmed that they did not wish to address the Committee at the current meeting.

Anna Herriman, Senior Planning Officer, introduced the report and provided a presentation which included photographs and plans relating to the planning application for the construction of two new west-facing slip roads at the Shores Green junction of the A40; an off-slip to allow eastbound vehicles to exit the A40 onto the B4022 towards Witney and an on-slip to allow westbound vehicles to enter the A40 from the B4022 at this junction. Two existing lay-bys to the west of the A40 overbridge would be removed to accommodate the construction of the slip roads.  The site comprised of approximately 10.7 ha of land located along the A40 dual carriageway at the existing Shores Green junction onto the B4022 to the east of Witney and is located approximately 600m from the south-east edge of Witney.

Ms Herriman’s presentation included the significant features of the application site and that the application scheme sought to reduce traffic goingthrough Witney Town with the subsequent likely improvement to the air quality as a result of the reduction in traffic management.  She also described the concerns that had been expressed regarding rat running towards South Leigh village and that additional information was provided in the report in relation to addressing these concerns.

The Committee was addressed by Mr Tiwana, on behalf of the applicant.  He stated that the principle for development had been firmly established, with significant economic and environmental benefits.  The proposed development was a direct response to alleviating the long standing issue of traffic congestion and air quality issues in Witney and formed part  ...  view the full minutes text for item 14/21

Application to modify or discharge Section 106 Planning Obligations to remove the existing waste catchment area and amend permissive path at Sutton Courtenay Landfill Site.

Report by Director for Planning, Environment and Climate Change.

It is RECOMMENDED that

i)                 Oxfordshire County Council enter into a deed of variation to amend the existing Section 106 legal agreement with regards to removing the hinterland restriction and amending the date for the provision of a permissive path.

ii)               The Director of Planning, Environment and Climate Change is authorised to enter into negotiations with the applicant and any other parties to the legal agreement with regard to making the variations set out in this report.

Mary Hudson, Principal Planning Officer, advised in her introduction that the landfill site had been operating since the 1970s and as a result of an existing planning permission granted in 2015 was permitted to continue operating until 2030.  The application proposed two changes to the S106 legal agreement and no changes to the conditions or the routing agreement that HGVs would take.  The proposed changes to the S106 legal agreement were firstly, to remove the restriction on the source of waste permitted to be imported to the landfill site.  Currently, the S106 agreement restricted the source of waste to Oxfordshire, Reading, Bracknell, Wokingham and West Berkshire.  The second proposed change was to amend the date for the provision of the north-south permissive path that the S106 Agreement required as part of the restoration.  The Agreement stated that the relevant paths should be provided by 30 September 2023.  However, it could not be provided within that timescale due to active developments which had consent to 2030, within that part of the site.

Ms Hudson added that the Monitoring Team had identified that waste was already being imported in significant quantities to the landfill site from outside the approved Hinterland area.  The current application was therefore retrospective.  The recommended changes were due to the applicant being unlikely to be able to complete the landfilling in accordance with the approved restoration by 2030 as required by the conditions without bringing in waste from other areas.  Ms Hudson stated that it was recognised that the patterns of movement of waste to landfill had changed since the agreement had been signed in 2008.  The Hinterland area was no longer seen to serve a useful purpose and was not supported by planning policy.  It was also the case that the permissive path could not be implemented until the active developments on that part of the site had concluded.  In the event that the two proposed changes were approved by the Committee, the Council would enter into a deed of variation to the existing S106 Agreement.

The following points of clarification were provided in response to questions and matters raised by the Committee:

·       There had been no request by the applicant to change the annual import of waste being 600,000 tonnes with no more than 350,000 tonnes being imported by road.  The Hinterland agreement only related to waste that was being imported via road.  It was noted that the number of road movements at the site would be the same.  The change would be in terms of where the vehicles were coming from.  The point was discussed that the original agreement sought to minimise carbon emissions and with vehicles coming from further afield they were likely to generate more carbon emissions.  There had originally been concern expressed by the Committee in relation to the original agreement regarding the transportation of waste by road.  In theory there was the possibility of all the permitted tonnage being brought in by rail but this was unlikely, depending on contracts.

·       HIF  ...  view the full minutes text for item 15/21

Report on proposed Planning Enforcement action against unauthorised waste development.

Report by Director of Planning, Environment and Climate Change

The Committee received a report.

The Chair sought approval from the Committee that Members were content for the press and public to be excluded for this item and that it was considered in private or closed session as it was stated in the report that it involved exempt information.  This was by virtue of paragraphs 2, 6a and 6b of Part 1 of Schedule 12A of the Local Government Act 1972.  This related to information which was likely to reveal the identity of an individual, information which would reveal that the authority proposed to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or that the authority proposed to make an order or direction under any enactment.

            The Committee AGREED for the press and public to be excluded for this item and that it was considered in private or closed session, by virtue of paragraphs 2, 6a and 6b of Part 1 of Schedule 12A of the Local Government Act 1972.

There was subsequently a vote on the recommendation which was agreed unanimously. 

          RESOLVED: that a planning enforcement notice be issued against the unauthorised waste development in terms to be finalised with such detailed wording to be agreed in consultation with the Director of Law and Governance.