Site address:           40 St Thomas Street, Oxford, OX1 1JP               

Proposal:                  Demolition of existing building. Erection of three storey building to provide 3 x 2-bed flats (Use Class C3).

Recommendation:

The 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 the report and grant planning permission subject to:

1. The satisfactory completion of a legal agreement under s.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

(b) 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;

2. Finalise the recommended legal agreement under section 106 of the Town and Country Planning Act 1990 and other enabling powers as set out in this 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 Head of Planning, Sustainable Development and Regulatory Services considers reasonably necessary.

The Committee considered an application (17/00931/FUL) for planning permission for the demolition of existing building. Erection of three storey building to provide 3 x 2-bed flats (Use Class C3).

The application was before the Committee as it had been called in by Councillors Cook, Fry, Brown, Price, Kennedy and Sinclair because of the site’s close proximity to the listed St Thomas the Martyr’s Church.

The Planning Officer presented the report and confirmed that although the application site was not within a Conservation Area there had been substantial consideration of the impact of the proposed development on views through the site and the impact on the setting of listed buildings nearby.  The Planning Officer proposed a rewording of Condition 16 to refer to blue badge holders for disabled occupiers and a new condition (Condition 19) to require details of the design of the front elevation gable to be submitted to and approved by the Council prior to the commencement of the development..

The Planning Officer presented the report and referred the Committee to errors in the report at paragraphs 14.1 and 15.1: the recommendation was to grant not refuse the application. The Planning Officer apologised for this error.

Neil Warner (agent) spoke in favour of the application.

In discussion the Committee sought reassurances regarding the recommended legal agreement for the re-provision of the nursery in the event of a change of ownership of the site.  The Legal Adviser confirmed that the obligation for the re-provision of the nursery would remain with the land and would be binding on any future land owner.

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

The West Area Planning Committee resolved to:

(a)   Approve the application for the reasons given in the report and subject to the 17 required planning conditions and 3 informatives set out in section 12 of the report; and amendment to condition 16 and the additional condition 19 as listed below:

·    Condition 16: delete “disabled drivers” replace with “blue badge holders”

·    Condition 19: treatment of the gable elevation

(b)   and grant planning permission subject to:

1. The satisfactory completion of a legal agreement under s.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

(c)   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;

2. Finalise the recommended legal agreement under section 106 of the Town and Country Planning Act 1990 and other enabling powers as set out in this 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 Head of Planning, Sustainable Development and Regulatory Services considers reasonably necessary.