19/01821/FUL: 159-161 Cowley Road, Oxford, OX4 1UT
Decision Maker: West Area Planning Committee
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
Reconfiguration of existing ground floor and part first floor retail unit (Tesco store to remain in situ) with extensions and alterations to existing building to provide 137 units of purpose-built, managed student accommodation with associated management suite and communal facilities at upper levels.
The Committee considered an application (19/01821/FUL) for planning permission for the reconfiguration of existing ground floor and part first floor retail unit (Tesco store to remain in situ) with extensions and alterations to existing building to provide 137 units of purpose-built, managed student accommodation with associated management suite and communal facilities at upper levels.
The Planning Officer presented the report and gave a number of verbal updates on matters that had arisen since publication of the report. The County Council had raised additional concerns in regard to flooding, specifically that:
• the proposal was not aligned with Local or National Standards.
• the discharge rates have not been improved
• there was no consideration of SuDS methodologies
The Planning Officer recommended that a new condition should be added to the application requiring the submission of a revised Drainage Strategy.
One of the ward councillors had also pointed out the proximity of the development to local night clubs and to a local primary school, and expressed concerns about the prevalence of antisocial behaviour, homelessness and drug dealing in the vicinity of the development site.
The Planning Officer advised the Committee that The Bullingdon had raised a concern that future occupiers of the new development may complain about noise from their venue in future. The Planning Officer explained that Paragraph 182 of the NPPF advises that new development should be effectively integrated with existing businesses and community facilities, such as pubs, Churches and music venues.
The Planning Officer proposed three additional conditions to provide suitable noise mitigation before completion of the development. This would meet the requirements of Paragraph 182 of the NPPF and ensure that future occupiers of the development are not adversely impacted by noise from The Bullingdon, which itself would not be unreasonably restricted as a result of the new development. The three additional conditions would require:
- a scheme of noise attenuation measures for the new building;
- a noise control scheme for any proposed mechanical ventilation or associated plant; and
- restrict occupation of the development until approval by the Local Planning Authority of a report on internal noise levels.
The following spoke against the application: Cllr Hayes and Cllr Azad (ward councillors), Graham Jones, Sally Moss and Ross James Clarke (local residents).
Sara Dutfield, Simon Shaw and Nick Roberts (representing the applicant) and Philipp Kukura (local resident) spoke in favour of the application.
The Committee observed that many of the concerns raised by the objectors were not planning matters and should be addressed through other regulatory functions.
The Committee noted the concern expressed by the objectors that the number of student living in area had reached saturation point but considered that the provision of bespoke, dedicated student accommodation in a district centre location was an appropriate solution as it took students out of the private rented sector properties in the heart of residential communities.
The Committee were mindful of safeguarding issues and sought officers’ advice as to whether they could expand condition 6 to impose an over-18 age limit for non-term time use. In response officers said that they would need to take further advice on the “reasonableness” of such a restriction and would explore options to amend the condition in order to address the Committee’s concerns on this point. If the age restriction could not be added then condition 6 should be amended to limit use to full-time courses in an academic year.
In reaching its decision, the Committee considered all the information put before it.
After debate and on being proposed, seconded and put to the vote, the Committee agreed with the officer’s recommendation to approve the application with the inclusion of the 4 additional conditions detailed above.
The West Area Planning Committee resolved to:
1. approve the application for the reasons given in the report and subject to the 20 required planning conditions set out in section 12 of the report and the 4 additional conditions detailed above and subject to:
· the satisfactory completion of a legal agreement under section.106 of the Town and Country Planning Act 1990 and other enabling powers to secure the planning obligations set out in the recommended heads of terms which are set out in this report and subject to the completion of a Unilateral Undertaking with the County Council;
2. agree to delegate authority to the Acting Head of Planning Services to:
· finalise the recommended conditions as set out in the report, including any amendment to Condition 6 as detailed above, including such refinements, amendments, additions and/or deletions as the Acting Head of Planning Services considers reasonably necessary; and
· finalise the recommended legal agreement under section 106 of the Town and Country Planning Act 1990 and other enabling powers as set out in the report, including refining, adding to, amending and/or deleting the obligations detailed in the heads of terms set out in this report (including to dovetail with and where appropriate, reinforce the final conditions and informatives to be attached to the planning permission) as the Acting Head of Planning Services considers reasonably necessary; and
· complete the section 106 legal agreement referred to above and issue the planning permission.
Publication date: 10/10/2019
Date of decision: 08/10/2019
Decided at meeting: 08/10/2019 - West Area Planning Committee
Effective from: 15/10/2019