Agenda item

Report by the Assistant Director of Strategic Infrastructure and Planning (PN6).

The report sets out the proposed changes to the specified existing planning conditions which have been applied for under application no. MW.0122/20. Having considered the proposals against the development plan and other material considerations, including consultation responses and representations received, it is recommended that that the application be approved.

It is RECOMMENDED that planning permission for MW.0122/20 be approved subject toconditions to be determined by the Director of Planning and Place, to include those set out in Annex 1 to the report PN6.

The Committee considered (PN6) a report setting out proposed changes to the specified existing planning conditions which had been applied for under application no. MW.0122/20.

Officers presented the report and confirmed that the intention had been to use spoil from the now delayed Oxford Flood Alleviation Scheme but there was nothing to restrict the applicants from sourcing restoration material from elsewhere.

Phillip Duncan for the applicants explained that this was an application for an extension of one year due to delays in acquiring a licence to undertake work involving Great Crested Newts. Cassington Quarry had been worked and restored ant this application represented the last element. He confirmed that material would be available from sources other than the delayed Oxford flood alleviation scheme. Plant site restoration had originally been for one large water body but as the quarry already had a large amount of that type of habitat a variation had been sought to reduce the extent of the water body, increase the area of grassland and provide smaller and more varied waterbodies. The timeframes for that permission had been for extraction to cease by 31 December 2020 with restoration completed within 2 years of that date. However, it was then identified that the site was populated by great crested newts, which were subject to protection with strict limitations on what works could be undertaken. The newt project, which related to the animal’s life cycle, had been due to commence in April 2021 with an application made to extend the timeframes of the planning permission by 1 year. However, the process to get the GCN licence took longer than anticipated with the necessary certificate only issued on 23 July 2021. Therefore, a further extension of time for the planning application was needed to enable the GCN works to be undertaken and amend the 1 year extension by a further year. This application was simply the result of an interconnected licensing and planning process. The GCN licence was now in place and if this application was approved then the last sand and gravel could be extracted from Cassington and the site then restored.

Councillor Ian Middleton referred to the many extensions to this site. The original permission had included a completion date of 2010 but we were now 11 years on from that. Although the applicant had referred to a 1 year extension the report referred to two years. There was a lot of local frustration that there always seemed to be one extension after another and a need to draw a line. He supported the protection being afforded to the great crested newt population but felt that the issue was something of a smoke screen. There were also issues relating to the green belt and rights of way and Yarnton residents wanted to see an end to this saga.

Members expressed their sympathy with the obvious local frustration which seemed to be a common theme with many permissions not meeting original estimates for completion of operations.

Officers accepted that there was a general pattern with regard to the frequency of extensions and although difficult to defend business circumstances did change and in this case the application needed to be considered in order to facilitate restoration.  It was open to the Committee to approve for a reduced period but their advice was to approve as recommended while noting the concern.

RESOLVED: (on a motion by Councillor Bloomfield, seconded by Councillor Constance, amended with their consent by Councillor Webber and carried unanimously) that planning permission for MW.0122/20 be approved subject to:

(a)          conditions to be determined by the Director of Planning and Place, to include those set out in Annex 1 to the report PN6; and

(b)       an additional informative that the “The Council’s Planning and Regulation Committee was disappointed that yet another section 73 application for an extension of time for the completion of mineral extraction and restoration had had to be brought forward and would encourage the applicant to ensure that the development is now completed as required within the additional time periods permitted.”