Agenda and minutes

Agenda and minutes

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Venue: Council Chamber - Oxford Town Hall. View directions

Contact: Catherine Phythian, Committee and Member Services Officer  email:  democraticservices@oxford.gov.uk tel: 01865 252402

Items
No. Item

50.

Election of Chair for this meeting only

As both the Chair and Vice Chair have sent apologies the Committee will be required to appoint a chair for this meeting only.

Minutes:

Councillor Louise Upton was elected Chair of the Committee for this meeting only.

51.

Declarations of interest

Minutes:

17/02817/FUL: Councillor Hollingsworth stated that he had relatives living opposite the development site but that he had not discussed the application with them and he was approaching the application with an open mind, would listen to all the arguments and weigh up all the relevant facts before coming to a decision.

18/02400/FUL and 18/02540/FUL: Councillor Clarkson stated that as a signatory to the call-in, she was approaching them with an open mind, would listen to all the arguments and weigh up all the relevant facts before coming to a decision.

18/02400/FUL and 18/02431/FUL: Councillor Upton as a Council appointed trustee for Oxford Preservation Trust stated that she had taken no part in those organisation’s discussions or decision making regarding any of the applications before the Committee and that as a signatory to the call-in she was approaching the applications with an open mind, would listen to all the arguments and weigh up all the relevant facts before coming to a decision.

52.

18/02400/FUL - 7 St Michael's Mansions Ship Street Oxford OX1 3DE pdf icon PDF 123 KB

Site address:                   7 St Michael's Mansions, Ship Street, Oxford

 

Proposal:                        Proposal        Temporary change of use of ground floor and basement of no. 7 St Michael's Mansions from (Use Class A1) retail use to Sui Generis (Betting Shop). (Amended description)

                                      

Reason at Committee      The application is before the committee because it was called in by Councillors Clarkson, Munkonge, Tanner, Pressel and Simm because the proposal is not a like for like replacement and no marketing evidence has been provided to demonstrate that an A1 use cannot be found.            

 

Recommendation:

The West Area Planning Committee is recommended to:

1.     approve the application for the reasons given in the report and subject to the required planning conditions set out in section 12 of this report and grant planning permission

2.     agree to delegate authority to the Acting Head of Planning Services to:

a.     finalise the recommended conditions as set out in this report including such refinements, amendments, additions and/or deletions as the Acting Head of Planning Services considers reasonably necessary

 

Additional documents:

Minutes:

The Committee agreed to take this item first.

 

The Committee considered an application (18/02400/FUL) for planning permission for the temporary change of use of ground floor and basement of no. 7 St Michael's Mansions from (Use Class A1) retail use to Sui Generis (Betting Shop).

         

The application was before the Committee as it was called in by Councillors Clarkson, Munkonge, Tanner, Pressel and Simm because the proposal was not a like for like replacement and no marketing evidence has been provided to demonstrate that an A1 use cannot be found.            

The Planning Officer presented the report and informed the Committee that the wording of condition 6 is proposed to be changed so that the condition reads “The use of the first floor unit of 18-20 Cornmarket Street as a betting shop shall cease within 1 month from the date of this permission”.

 

Helen Wilkinson, Oxford Preservation Trust spoke against the application. 

 

Simon Sharp, JPPC spoke in favour of the application.

 

The Committee asked questions of the officers and public speakers about the details of the application.

 

The Committee were of the view that the duration of the temporary permission should be linked to the timescales for the Cornmarket redevelopment and not to the commercial arrangements of the applicant and the tenant. Three years was thought to be a more reasonable timescale.

 

The Committee noted that the permitted development rights would be taken away so that all advertisements would require advertisement consent (Condition 3). However, they were concerned about the variety of forms of modern advertising that might be used on and inside the premises.  To minimise the impact on the wider street scene it was important to ensure that the control provided by Condition 3 was robust, specific and encompassed the different forms of advertising that might be used.

 

In reaching its decision, the Committee considered all the information put before it.  The Committee felt that this was a finely balanced decision given the sensitive location and the branding of the betting shop but they were reassured that there would be no external alterations to the shopfront as part of this application and that the development could be controlled and contained by the proposed conditions.

 

On being put to the vote the Committee agreed with the officer recommendation with the following amendments:

·       Condition 1 – officers to seek to agree a shorter duration for the temporary permission

·       Condition 3 – officers to revise the wording to provide greater and more specific control on the tenant’s use of various forms of advertising on and within the site

 

The West Area Planning Committee resolved to:

1.     approve the application for the reasons given in the report and subject to the required planning conditions set out in section 12 of the report and including the proposed amendments detailed above (Conditions 1, 3 and 6) and grant planning permission; and

2.     delegate authority to the Acting Head of Planning Services to:

a.     finalise the recommended conditions as set out in the report  ...  view the full minutes text for item 52.

53.

17/02817/FUL: 472-474 Banbury Road, Oxford, OX2 7RG pdf icon PDF 545 KB

Site address:                   472 - 474, Banbury Road, Oxford, OX2 7RG

 

Proposal:                         Demolition of 2no. semi-detached dwellings and detached garage. Erection of building to provide 9no. residential units (3 x 3-bed, 5 x 2-bed and 1 x 1-bed). Provision of covered and secure bicycle parking and refuse/recycling storage. Provision of communal and private amenity areas and car parking. Closure of  existing vehicular access on to Elsfield Way (A44/northern ring road).   

 

Recommendation:

The West Area Planning Committee is recommended to:

1.     approve the application for the reasons given in the report and subject to the required planning conditions set out in section 12 of this report and grant planning permission.

2.     agree to delegate authority to the Acting Head of Planning Services to:

a.     finalise the recommended conditions as set out in this report including such refinements, amendments, additions and/or deletions as the Acting Head of Planning Services considers reasonably necessary.

 

Additional documents:

Minutes:

The Committee considered an application (17/02817/FUL) for planning permission for the demolition of 2no. semi-detached dwellings and detached garage; erection of building to provide 9no. residential units (3 x 3-bed, 5 x 2-bed and 1 x 1-bed); provision of covered and secure bicycle parking and refuse/recycling storage; provision of communal and private amenity areas and car parking; and closure of existing vehicular access on to Elsfield Way (A44/northern ring road).       

 

The Planning Officer presented the report. The application has been submitted in November 2017 and had been the subject of extensive discussions and negotiation in terms of the affordable housing contribution.The Council had appointed an independent assessor to review and test the viability report which stated that the site was not viable to provide an affordable housing contribution. The independent assessor had concluded that the site was not viable to provide any contribution towards affordable housing.

 

Julian Philcox, JP Planning Ltd spoke in favour of the application.

 

The Committee asked questions of the officers and the public speaker about the details of the application; in discussion the Committee explored the following issues:

  • Viability: whether there was scope to include some form of “overage clause” and what impact the unit size had on valuations and the viability assessment
  • reasons for the withdrawal of the objections of the Highways Authority: the planning officer confirmed that these had been resolved on the submission of a supplementary plan showing the proposed visibility splays
  • concerns about the air quality as the site was in a known “hot spot” and the importance of providing mitigation measures and monitoring arrangements
  • that the site would have been well suited to a car-free development as would be required under the terms of the emerging Local Plan

 

In reaching its decision, the Committee considered all the information put before it.

 

On balance the Committee welcomed the development as it would bring a key site back into residential use and the generous size of the individual units was to be encouraged.  The Committee regretted that the site was not viable to provide any contribution towards affordable housing but accepted the definitive guidance as set out in the independent report and the planning officer’s advice that an “overage clause” would not be appropriate in this case.

 

On being put to the vote the Committee agreed with the officer recommendation as amended to include an additional condition relating to air quality.

 

The West Area Planning Committee resolved to:

1.     approve the application for the reasons given in the report and subject to the required planning conditions set out in section 12 of the report and the inclusion of an additional condition on air quality; and grant planning permission; and

2.     delegate authority to the Acting Head of Planning Services to:

a.     finalise the recommended conditions as set out in the report and at 1) above including such refinements, amendments, additions and/or deletions as the Acting Head of Planning Services considers reasonably necessary.

54.

18/02540/FUL - 13 Dale Close, Oxford OX1 1TU pdf icon PDF 239 KB

Site address:                   13 Dale Close, Oxford, OX1 1TU

 

Proposal:                        Change of use of dwellinghouse (Use Class C3) to a House in Multiple Occupation (Use Class C4)   

 

Reason at Committee:     Called in by Councillors Tidbull, Tanner, Clarkson, Pressel and Curran because of concerns that the application property is situated on a small estate where there are already a number of HMOs and there is a perception that the area would be ill-suited to accommodating additional HMOs.

 

Recommendation:

The West Area Planning Committee is recommended to:

1.     approve the application for the reasons given in the report and subject to the required planning conditions set out in section 12 of this report and grant planning permission.

2.     agree to delegate authority to the Acting Head of Planning Services to:

a.     finalise the recommended conditions as set out in this report including such refinements, amendments, additions and/or deletions as the Acting Head of Planning Services considers reasonably necessary.

 

Additional documents:

Minutes:

The Committee considered an application (18/02540/FUL) for planning permission for the change of use of dwellinghouse (Use Class C3) to a House in Multiple Occupation (Use Class C4).        

 

The application was before the Committee as it had been called in by Councillors Tidbull, Tanner, Clarkson, Pressel and Curran because of concerns that the application property is situated on a small estate where there are already a number of HMOs and there is a perception that the area would be ill-suited to accommodating additional HMOs.

 

The Planning Officer presented the report.

 

Ian Green, on behalf of the St.Ebbe’s New Development Residents Association (SENDRA) spoke against the application. 

 

Kirsti Brisk (applicant) spoke in favour of the application.

 

The Committee asked questions of the officers and public speakers about the details of the application with particular reference to the concerns expressed about the parking arrangements at the application site and in the immediate vicinity. The Committee concluded that the impact of the parking arrangements for the application site were no different to those that might be presented by a family of adult drivers occupying one of the neighbouring properties.

 

In reaching its decision, the Committee considered all the information put before it.

 

On being put to the vote the Committee agreed with the officer recommendation.

 

The West Area Planning Committee resolved to:

1.     approve the application for the reasons given in the report and subject to the required planning conditions set out in section 17 of the report and grant planning permission.

2.     delegate authority to the Acting Head of Planning Services to:

a.     finalise the recommended conditions as set out in the report including such refinements, amendments, additions and/or deletions as the Acting Head of Planning Services considers reasonably necessary.

 

Councillor Clarkson left the meeting at the end of this item.

55.

18/02431/FUL: 9B North Parade Avenue, Oxford, OX2 6LX pdf icon PDF 170 KB

Site address:                   9B North Parade Avenue, Oxford, OX2 6LX     

 

Proposal:                         Installation of extraction flue with external outlet grill to front elevation. (Retrospective).   

 

Reason at Committee:     Called in by Councillors Fry, Upton, Taylor and Pressel because of concerns that the ventilation system at the application property does not accord with DEFRA advice and that the A3 use of the property has not previously included deep fat frying or cooking large quantities of meat.

 

Recommendation:

The West Area Planning Committee is recommended to:

1.     Approve the application for the reasons given in the report and subject to the required planning conditions set out in section 12 of this report and grant planning permission.

2.     Agree to delegate authority to the Acting Head of Planning Services to:

a.     finalise the recommended conditions as set out in this report including such refinements, amendments, additions and/or deletions as the Acting Head of Planning Services considers reasonably necessary.

 

Additional documents:

Minutes:

The Committee considered an application (18/02431/FUL) for retrospective planning permission for the installation of an extraction flue with external outlet grill to front elevation.

         

The application was before the Committee as it had been called in by Councillors Fry, Upton, Taylor and Pressel because of concerns that the ventilation system at the application property did not accord with DEFRA advice and that the A3 use of the property has not previously included deep fat frying or cooking large quantities of meat.

 

The Planning Officer presented the report. He explained that the extraction equipment was installed at the request of Environmental Health Officers as the optimum solution for the restaurant.

 

With regard to the concerns raised as to nuisance from sound and particularly smell, he explained that these would not constitute reasonable grounds for refusal. The Environmental Health Officers of Oxford City Council had conducted their own investigations and in their professional opinion the issues raised by local residents did not substantiate a statutory nuisance.

 

Marianne Moxon, local resident, spoke against the application. 

 

The Committee asked questions of the officers and public speakers about the details of the application.

 

The Committee noted the following points:

·       that the DEFRA guidance referred to in the “call-in” and by the public speaker had been withdrawn in 2017.  The Oxford City Council Environmental Health Officers had referred to the latest guidance (Institute of Air Quality Management’s (IAQM) Guidance On The Assessment Of Odour For Planning, published in July 2018) when advising on the suitability of the extraction equipment.

·       that the professional advice of the Oxford City Council Environmental Health Officers was that there was no statutory nuisance in terms of noise and odours

·       that the appearance and setting of the external outlet grill would cause only a minimal degree of harm to the adjacent listed buildings and Conservation Area which would itself be offset by the public benefit of the continued A3 use of the building.

 

In reaching its decision, the Committee considered all the information put before it. They acknowledged the concerns expressed by the public speaker and in the written objections.  However, the Committee was mindful that these were matters that would need to be addressed by other regulatory powers.  The decision before the Committee related only to the suitability of the extractor system in terms of its visual impact.

 

On being put to the vote the Committee agreed with the officer recommendation.

 

The West Area Planning Committee resolved to:

1.     Approve the application for the reasons given in the report and subject to the required planning conditions set out in section 12 of the report and grant planning permission.

2.     delegate authority to the Acting Head of Planning Services to:

a.     finalise the recommended conditions as set out in the report including such refinements, amendments, additions and/or deletions as the Acting Head of Planning Services considers reasonably necessary.

56.

16/02689/CND7: Cooper Callas, Unither House, 15 Paradise Street, Oxford, OX1 1LD pdf icon PDF 108 KB

Site address:                   Cooper Callas, Unither House, 15 Paradise Street, Oxford, OX1 1LD    

 

Proposal:                        Details submitted in compliance with conditions 8 (Travel Plan), 9 (Travel Information Packs), 12 (Delivery and Service Management Plan (revised)) of planning permission 16/02689/FUL.           

 

Recommendation:

The West Area Planning Committee is recommended to:

1.       approve the submitted Travel Information Pack and Delivery and Service Management Plan in compliance with conditions 9 and 12 respectively of planning permission 16/02689/FUL; and

2.       delegate to the Acting Head of Planning Services to approve the Travel Plan on occupation of the Hotel in compliance with condition 8 of planning permission 16/02689/FUL having first consulted with the County Council and secured any revisions to the submitted Travel Plan as deemed necessary following the first Travel Surveys and feedback as required by the Travel Plan.

 

Additional documents:

Minutes:

The Committee considered the appropriateness of the submitted information (16/02689/CND7) in compliance with conditions 8 (Travel Plan), 9 (Travel Information Packs), and 12 (Delivery and Service Management Plan (revised)) of planning permission 16/02689/FUL.

 

The Planning Officer presented the report.

 

In reaching its decision, the Committee considered all the information put before it.

 

Councillor Hollingsworth, as the ward member, said that he and local residents were satisfied with the arrangements and that these met the objectives set by the original Committee decision.

 

On being put to the vote the Committee agreed with the officer recommendation.

 

The West Area Planning Committee resolved to:

1.       approve the submitted Travel Information Pack and Delivery and Service Management Plan in compliance with conditions 9 and 12 respectively of planning permission 16/02689/FUL; and

2.     delegate authority to the Acting Head of Planning Services to approve the Travel Plan on occupation of the Hotel in compliance with condition 8 of planning permission 16/02689/FUL having first consulted with the County Council and secured any revisions to the submitted Travel Plan as deemed necessary following the first Travel Surveys and feedback as required by the Travel Plan.

57.

Planning appeals summary December 2018 pdf icon PDF 152 KB

The Acting Head of Planning Services has submitted a report which provides a summary of recent appeal decision and the key issues raised in the appeals. The purpose of this report is to ensure that members of the planning committee are aware of the appeals that are allowed and dismissed and the potential implications this has on the determination of future applications.

 

Recommendation:

That West Area Planning Committees notes the contents of the report.

 

Additional documents:

Minutes:

The Planning Officer presented a report, submitted by the Acting Head of Planning Services, which summarised recent appeal decisions and the key issues raised in the appeals. He explained that the purpose of the report was to ensure that members of the planning committee were aware of the planning inspectors’ reasoning for appeals that were allowed or dismissed and the potential implications this might have on the determination of future applications.

 

The Committee welcomed the re-introduction of this report as it provided useful information and would improve councillors’ understanding of the planning process.  The Committee suggested that the report could be broadened to include appeals from other councils which illustrated issues which might be of relevance, (e.g. interpretation of the NPPF).

 

The West Area Planning Committees noted the contents of the report.

58.

Minutes pdf icon PDF 105 KB

Recommendation

To approve as a true and accurate record the minutes of the meeting held on 13 November 2018.

Minutes:

The Committee resolved to approve the minutes of the meeting held on 13 November 2018 as a true and accurate record.

59.

Forthcoming applications

Items for consideration by the committee at future meetings are listed for information. They are not for discussion at this meeting.

 

18/02065/OUTFUL: Oxford North (Northern Gateway) Land Adjacent To A44, A40, A34 And Wolvercote Roundabout, Northern By-Pass Road, Wolvercote, Oxford, OX2 8JR

Major application

18/02774/OUT: Land Forming The Site Of Former Cold Arbour Filling Station, 281 Abingdon Road,  OX1 4US

 

18/02809/POM - Millbank Mill Street Oxford Oxfordshire

Committee level application

18/02899/CT3: 6 White House Road, Oxford, OX1 4NA

Council application

18/02644/FUL: Site Of Millway Close, Oxford, OX2 8BJ

Called in

18/02742/FUL: 12 Fyfield Road, Oxford, OX2 6QE

Called in

18/02645/FUL: 5 Chadlington Road Oxford OX2 6SY

Called in

18/02981/FUL: Oxford Cellars Ltd, Frewin Court, Oxford, OX1 3HZ

Called in

 

Minutes:

The Committee noted the list of forthcoming applications.

60.

Dates of future meetings

The Committee will meet at 6.00pm on the following dates:

 

2019

15 January 2019

20 February 2019

12 March 2019

9 April 2019

 

 

Minutes:

The Committee noted the dates of future meetings.