Update Report for Planning Committee (East): 09 July 2015
Committee Planning Manager: Liz Nicholson
Update for All items:
Update on Recommended Weighting of Core Strategy Policies
Following a full Council meeting on 22.06.2015, the Council has resolved to endorse the Cabinet recommendation of 01.06.2015 to adopt the following development management planning policies as set out in emerging Core Strategy (As submitted September 2014 showing subsequent proposed modifications) June 2015 on an interim basis:
- CS.1 Sustainable Development;
- CS.2 to CS.9 inclusive (District Resources policies);
- CS.10 to CS.14 inclusive (District Designation policies);
- CS.20 Gypsies and Travellers and Travelling Showpeople;
- CS.21 to 26 inclusive (Economic Development and Infrastructure related policies);
- Proposals ALC.3, REDD.1 and REDD.2 (employment land allocations).
It is officers’opinion that the Core Strategy policies specified within the reports on this agenda and listed above can be given some weight in the determination of the planning application before members. Having considered each application on the agenda, this additional weight to the specified policies does not alter the officer recommendations contained within the agenda.
Update for 14/03602/OUT and 14/02872/OUT (Kineton sites)
Members Site Visit–A Members Site Visit was due to be carried out on the afternoon of 9 July 2015 to look at both of the Kineton sites. The site visit is anticipated to include, amongst other things, observation of the application site and its surrounding context, including highway network. Observation of neighbouring dwellings (with probable visits to 8 Walton Fields and Elmlea, Banbury Road) and land uses and consideration of potential impacts on or from these.Observation of the landscape character and implications for the setting of the settlement and the Registered Edgehill Battlefield. Observation of any hedges and trees and implications for any ecological areas and protected species. Technical support in relation to highway and access matters was anticipated to be available from an officer representing WCC Highways. Any further information regarding the site visit will be verbally updated to the committee as deemed necessary.
Kineton Neighbourhood Development Plan–The Parish Council has formally submitted this document to the District Council on 24 June 2015. The Parish Council have submitted further representations on this application stating that the NDP now carries weight and cannot be ignored. The Parish Council consider that the NDP does not support the proposed development and identifies more suitable alternative sites.
Officers acknowledge that the NDP has been submitted but there is still a significant process to take place including:- consultation on the NDP by the District Council to a wide range of parties including key technical consultees; report to Cabinet on the findings of the consultation; independent examination of the NDP by an independent Inspector; Inspector’s report and recommendations; further report to Cabinet with a recommendation to either endorse or reject the document; referendum of the local population to accept the NDP and finally potential adoption of the document.
The Council’s solicitor has advised that the weight to give the NDP should currently be ‘limited’.
Kineton Parish Council–Further representations on both applications received 8.7.15 relating to the Neighbourhood Development Plan (see above) and the Committee Report in relation to the Landscape and Visual Assessment of the case including the findings of the Landscape Sensitivity Study and the recent Rogers Lane Ettington Appeal case which was dismissed on 3.7.15 for reasons based on harm to the rural character and setting of the village and the harm to the setting of a listed building. The Parish Council consider that there are similarities of the appeal case to the current applications in relation to landscape harm and harm to the setting of the Registered Battlefield and that these should be refused accordingly. Reference is also made to flawed and dubious Transport Assessment and the failure of WCC as Highway Authority to respond convincingly on these matters. Mention is also made of the safeguarded transport link on the Sharba Homes site which they consider will give more people the option to access Banbury Road and which they consider to be a benefit of limited weight given the lack of plans to implement it.
The National Planning Casework Unit, working on behalf of the Secretary of State for Communities and Local Government, have been approached by a third party requesting the planning application to be ‘called in’for determination by the Secretary of State. The NPCU have verbally advised that in the event that a resolution to grant permission is reached by the committee then they will require time, the period to be agreed,to consider whether the application should be ‘called in’. If the application is refused it will not be called in.
14/03602/OUT –Land North of Banbury Road, KinetonAmended text–(Page 41, paragraph 1, last sentence) Change “Overall there is considered to be negligible harm to the setting of any heritage assets in the opinion of officers.”to “Overall there is considered to be less than substantial harm to the setting of any heritage assets and this should be weighed against the public benefits of the proposals.”
Delete Condition 33 relating to Lifetime Homes standards as these have been scrapped by the Government
14/02872/OUT - Brooklands Farm, Banbury Road, Kineton
Delete Condition 33 relating to Lifetime Homes standards as these have been scrapped by the Government
14/03065/FUL –Marton Road Farm, Long Itchington
Consultation response Long Itchington Parish Council - welcomes the further changes to the original proposals; in particular more 1-bed accommodation and the spreading out of affordable housing throughout the site.As stated in previous submissions they do not see that the changes have made a material difference to the overall proposal and repeat their concerns and maintain an objection. (30.6.15)
Further Comments (without prejudice) from Parish Council (6.7.15) –In relation to POS contributions towards Children’s Play Equipment and Adult/Youth Active space highlight thatthese moniescould be easilyspent on refurbishingsome of the play equipmenton the adjacent Green End playing fields. Also identify that the village hasmore immediately needed community projects that are alsoon the Green End Playing Fields. They are in order of priority: - A new toilet block
- Refurbishment of the Changing Rooms (ideally replacement)
- An upgrade to the Marton Road playing fields car park opposite the Marton Road site
They believe that these projects could be easily and cost effectively delivered by Bloor Homes and are of more value to the community than the POS contributions. Also consider that any allocated funds for a new path to the recreation ground wouldbe better utilised within the aboveprojects.
Raise concernsthatthe suggestedpedestrian refuge on Marton Road is insufficient and request that a safe crossing is providedas well as a reduction in the 40 mph speed limit.
[Officer Comments –The Case Officer has written to the Parish Council advising that their additional requested contributions are not currently considered to be CIL complaint as limited details of the projects, including costs and delivery, are known and the development cannot reasonably be expected to fully pay to rectify what are existing problems. With regard to Highway matters it is noted that WCC as Highway Authority are content with the crossing refuge and do not require any changes to the speed limit.]
Additional Parish Council Presentation (8.7.15) –sent to Members of the committee, setting out the Parish Council’s objections and including photos and chart of housing growth in the village 1950’s to 2010’s.
Great Crested Newts–representations and photograph received from 3rd party on 8.9.15 stating that great crested newts were present at the site. The information was passed to WCC Ecology who responded (9.7.15) stating that the great crested newts are probably from surrounding ponds and probably moving between ponds to breed and that the evidence does not alter their recommendation that a great crested newt strategy is secured by condition but add that this should also relate to the site clearance phase.
Consultation response WCC Highways–No objection subject to conditions and financial obligation (£4,425) for sustainable Travel Packs. (30.6.15)
Condition 19 (Great Crested Newt Mitigation) - to relate to site clearance works and development phases.
Delete Condition 26 relating to Lifetime Homes standards as these have been scrapped by the Government
New Condition 26 (pre occupancy) to require details of existing vehicular access to be closed.
15/00263/OUT –Land off Armscote Road, Tredington
Amended text–(Page 113, paragraph 7, 2ndsentence) sentence should read “I am also of the opinion that the entire proposed built form can be located completely outside of Flood Zones 2 and 3, as illustrated on the indicative plan submitted, and that the adequate disposal of surface water and foul drainage can be secured by condition prior to development.”
Further comments received from Ward Member (09.07.15)
Request for consultation with County Flood Management, believes that historic flood records held at County dispute the Environment Agency position. Local knowledge and professional reports of the 1998 and 2007 floods may be material in addressing the gaps in the information. The assessments so far appear to be based on limited knowledge.
Substitution of condition 5
The standing arrangement between SDC and WCC Flood Risk Management team is that only major schemes are sent to WCC for comment. WCC have advised that the only exceptions are minor developments in areas of substantial risk of flooding. They have been informally consulted on this application today and following a quick review of the application their informal response is one of no objection subject to the substitution of the standard drainage condition (condition number 5 on page 118) for:
No development shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted and approved in writing by the Local Planning Authority (LPA). The scheme shall be subsequently be implemented in accordance with the approved details before the development is completed. The scheme to be submitted shall:
- Provide infiltration testing in accordance with the BRE 365 guidance to clarify whether or not infiltration into the ground is viable means of disposing of surface water.
- Demonstrate the surface water drainage system(s) are designed in accordance with CIRIA C697 and C687 or the National SuDS Standards, should the later be in force when the detailed design of the surface water drainage system is undertaken.
- Demonstrate the provisions of surface water run-off attenuation storage in accordance with the requirements specified in "Science Report SC030219 Rainfall Management for Developments"
- Demonstrate overland flood flow routes in case of system failure, through hydraulically modelling the floodwater outline, indicating flood flow depths and velocities.
14/02265/FUL–New Enclosure Farm, Spring Lane, Combrook
Revised recommendation
That the application bewithdrawn from this committee agenda to allow receipt and consideration of amended plans to accurately reflect what has been built on site.
Additional information received from applicant:
- Photographs of the development ‘as built’to date
- Concern expressed that previous WCC Highways recommended conditions have not been met by the development as built
- Concern expressed that the ecology condition regarding nesting birds has not been met
- Request for additional detail to be conditioned in relation to the proposed use of air source heat pumps
- Request made for additional detail to be required regarding drainage
- Concern about Plot 3 side facing windows and additional 2 storey rear element proposed
- Concern about impact of the development on neighbouring amenity (principally ‘Deepdene’and Nos. 40+41
- An annotated copy of the committee report has been attached containing a number of comments about specific detail within the report
- Comments made about the description of development and the fact the principle of development has not been re-assessed within the committee report
15/01189/FUL–The Barn Spiers Farm, Chesterton Road, Harbury
Comment from Ward Member Councillor Harris:Support
- It will improve the area and it is on a brownfield site.
- It will generate work in increased tourism.
- No statutory agency has objected or brought any material evidence to support an objection (27.06.15)
15/00248/FUL–Greenlands, Ashorne
No updates to report
15/01079/FUL–Forget Me Not Cottage, Hardwick Road, Priors Marston
No updates to report
Page 1 of 5