Site Address:        Bardwell Court, Bardwell Road, Oxford,

Proposal:               Partial demolition of existing building, alteration and extension to create a new link, rear extension and provision of bin and cycle stores. Removal of trees and landscaping.  (amended plans)

Recommendation:

West Area Planning Committee is recommended to:

(a) 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

(b) Agree to delegate authority to the Head of Planning, Sustainable Development and Regulatory Services to finalise the recommended conditions as set out in this report including such refinements, amendments, additions and/or deletions as the Head of Planning, Sustainable Development and Regulatory Services considers reasonably necessary.

The Committee considered an application for planning permission for the partial demolition of existing building, alteration and extension to create a new link, rear extension and provision of bin and cycle stores and removal of trees and landscaping. 

The Planning Officer presented the report and gave a detailed explanation of the application plans and site photographs, paying particular attention to the proposals for the terraces.

The Planning Officer said that two further public comments had been received in relation to the proposals since the agenda was published.  The first was from the occupiers of 21 Bardwell Road raising concerns about noise from the terraces. This matter had been addressed in paragraph 10.29 of the officer report.

The second comment was from the Linton Road Neighbourhood Association and raised concerns about the potential impact of the development on the setting of a Listed Building at No. 2 Charlbury Road.  The Listed Building was approximately 20m from the end of the proposed rear extensions to Bardwell Court and there was mature vegetation along the boundary to screen the development. As a result, the Planning Officer did not consider that the development would adversely impact on the setting of the listed building and the development complies with the requirements of Policy HE3 of the Local Plan.

The Planning Officer advised the Committee that specific concerns had been raised in the objection about noise from the terraces impacting on the listed building and its setting. The Planning Officer suggested that the proposed terraces would have a similar level of activity to the existing garden which is in closer proximity to No. 2 Charlbury Road and therefore there would not be an increase in activity that would be alien or out of character.

Councillor Price left the meeting during the officer presentation.

John Holland Kaye and Phillip Allan (representing Linton Road Neighbourhood Association) spoke against the application. 

Peter Brampton (agent) spoke in favour of the application.

The Committee acknowledged the concerns raised by the public speakers and in discussion noted the following points:

·         The terraces had been designed to be set back from the edge of the flat roof area and would have privacy screens to address the concerns of the neighbours about noise and overlooking

·         Complaints about noise from the terraces could be addressed under the licensing and environmental health regulations

·         The development would remain the property of St John’s College and this would provide an additional level of control in the event of problems with noise from the terraces

·         The construction of roof terraces was not prohibited in the North Oxford Victorian Suburb Conservation Area

·         Further expansion of the roof terraces was restricted by Condition 13

·         there was no change to the overall number of residential units (no.10) at the development

·         the improvements to the front elevation of the development was welcomed as a significant enhancement and a net benefit to the spatial amenity of the area

·         although there was concern that the occupants of the top floor properties would not have access to the rear gardens or roof terraces it was recognised that there was sufficient public green space in the locality

The Committee sought guidance from the Legal Adviser with respect toHistoric England guidance on assessing the impact of a development on the setting of Listed Buildings and what weight should be applied to noise. After further deliberation and discussion on this point the Committee were advised that the Planning Officers had taken the view that the development would not have a significant detrimental impact on the setting of the Listed Building at No. 2 Charlbury Road. For clarification the Planning Officer repeated the verbal update he had given during his presentation and reiterated his view that the noise impact from the roof terraces would not have a detrimental impact on the setting of the Listed Building at No. 2 Charlbury Road.

Councillor Cook moved to approve the officer recommendation; this was seconded by Councillor Hollingsworth.

Councillor Landell Mills moved to add a condition to remove the roof terraces from the application; this was seconded by Councillor Goddard.

The Planning Officer explained that the inclusion of such a condition was not advisable and that the Committee should determine the application before them.  If the inclusion of roof terraces was unacceptable then the Committee should vote to refuse the application.

The Committee then moved to vote on the original motion to approve the officer recommendation.

In reaching its decision, the Committee confirmed that it had considered all the information put before it taken account of the advice provided at the meeting by the Planning Officers and Legal Adviser.

The West Area Planning Committee resolved to:

• 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

• Agree to delegate authority to the Head of Planning, Sustainable Development and Regulatory Services to:

1.    Finalise the recommended conditions as set out in this report including such refinements, amendments, additions and/or deletions as the Head of Planning, Sustainable Development and Regulatory Services considers reasonably necessary.

Note to Minute 33

On 14 November 2017 the West Area Planning Committee resolved to agree that this Minute should be qualified to show that, in regard to application 17/02109/FUL, the Committee subsequently sought advice from the Monitoring Officer and the Head of Planning, Sustainable Development and Regulatory Services, and concluded that to ensure a robust, fair and effective decision-making process:

·         the resolution above to approve application 17/02109/FUL be set aside; and 

·         that application 17/02109/FUL should be re-submitted to the December meeting of the West Area Planning Committee for determination.

See Minute 43 (14 November 2017).