Site address:                  Land between 45 And 51 Hill Top Road, Oxford

Proposal:                        Demolition of existing garage and erection of 1 x 4-bed dwelling and 1 x 5-bed dwelling (Use Class C3). Provision of amenity space, car parking and bin and cycle stores. Associated landscaping and boundary treatments (amended plans)        

Reason at Committee:     This application was called in by Councillors Hayes, Chapman, Tanner, Clarkson, Munkonge and Lygo due to concerns around car parking, amenities, neighbouring amenities, and the use of the site.

The application was previously considered at West Area Planning Committee on 9 February 2021 where the committee resolved to grant planning permission subject to a legal agreement. The application has been brought back to committee as the applicant has not agreed to enter into the legal agreement.

Recommendation:

The Oxford City Planning Committee is recommended to:

1.     refuse the application for the reason given in paragraph 1.1.2 of the  report and delegate authority to the Head of Planning Services to:

·       finalise the reason for refusal including such refinements, amendments, additions and/or deletions as the Head of Planning Services considers reasonably necessary.

The recommended reason for refusal is as follows:

The application site is already subject to an extant permission for the erection of a single dwellinghouse (19/02817/FUL), which, if implemented, would be located to the rear of the site. The two dwellings proposed as part of this application would be located to the front of the site and therefore the implementation of this permission would mean that it would not be impossible to implement permission 19/02817/FUL. Therefore, although the proposed development would be acceptable if implemented on its own, the Council has no way to prevent all three dwellings associated with the planning permissions 19/02816/FUL and 19/02817/FUL; the implementation of both permissions would give rise to an unacceptable arrangement on the site which would include an adverse impact on residential amenity and an overdevelopment of the site and failing to accord with Policies RE1, DH1, H14 and H16 of the Oxford Local Plan 2036 or paragraph 127 of the NPPF. The applicant has refused to enter a legal agreement where they agree to only implement one permission and therefore this application must be refused.

The Committee considered an application (19/02816/FUL) for planning permission for the demolition of existing garage and erection of 1 x 4-bed dwelling and 1 x 5-bed dwelling (Use Class C3); provision of amenity space, car parking and bin and cycle stores; associated landscaping and boundary treatments (amended plans).

The application was previously considered at West Area Planning Committee on 9 February 2021 where the Committee resolved to grant planning permission subject to a legal agreement. The application was brought back to committee as the applicant has not provided an acceptable legal agreement or undertaking, and has not provided a costs undertaking in respect of the Council’s legal costs associated with the said agreement or undertaking. .

The Planning Officer presented the report and apologised for the fact that an incorrect version of Appendix 2 (Report to the West Area Planning Committee 9 February 2021) had been included in the agenda.  This Appendix was for reference only and a correct version had been circulated to the Committee in advance of the meeting.

The Committee noted that the application had previously been presented to the West Area Planning Committee in February 2021 with a recommendation to grant planning permission on the basis that the applicant would enter into a legal agreement with the Council which would preclude them from implementing both the extant permission and the permission associated with these proposals. However, following discussions with the Council planning and legal officers the applicant had subsequently failed to provide an acceptable unilateral undertaking or legal agreement and the associated legal costs undertaking.

In reaching its decision, the Committee considered all the information put before it and noted that their decision would supersede the previous decision taken in February 2021.

After debate and on being proposed, seconded and put to the vote, the Committee agreed with the officer’s recommendation to refuse the application.

The Oxford City Planning Committee resolved to:

1.     refuse the application for the reason given in paragraph 1.1.2 of the report and set out below and to delegate authority to the Head of Planning Services to:

·       finalise the reason for refusal including such refinements, amendments, additions and/or deletions as the Head of Planning Services considers reasonably necessary.

1.               The recommended reason for refusal is as follows:

The application site is already subject to an extant permission for the erection of a single dwellinghouse (19/02817/FUL), which, if implemented, would be located to the rear of the site. The two dwellings proposed as part of this application would be located to the front of the site and therefore the implementation of this permission would mean that it would not be impossible to implement permission 19/02817/FUL. Therefore, although the proposed development would be acceptable if implemented on its own, the Council has no way to prevent all three dwellings associated with the planning permissions 19/02816/FUL and 19/02817/FUL; the implementation of both permissions would give rise to an unacceptable arrangement on the site which would include an adverse impact on residential amenity and an overdevelopment  ...  view the full minutes text for item 25

Site address:                           Land Between 45 And 51 Hill Top Road, Oxford

Proposal:                                  Demolition of existing garage and erection of 1 x 4-bed dwelling and 1 x 5-bed dwelling (Use Class C3). Provision of amenity space, car parking and bin and cycle stores. Associated landscaping and boundary treatments (amended plans)           

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 the report and grant planning permission subject to:

·         the satisfactory completion of a unilateral undertaking or 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 the report.

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

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

·         finalise the recommended unilateral undertaking or 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 the 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 Services considers reasonably necessary; and

·         complete the Section 106 unilateral undertaking or agreement referred to above and issue the planning permission.

The Committee considered an application for planning permission for the demolition of the garage and construction of one 4-bed dwelling and one 5-bed dwelling (Use Class C3); provision of amenity space, car parking and bin and cycle stores; and associated landscaping and boundary treatments (amended plans) at Land Between 45 And 51 Hill Top Road, Oxford.

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.

The West Area Planning Committee resolved to:

1.     approve application 19/02816/FUL 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:

·    the satisfactory completion of a unilateral undertaking or 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 set out in the report; and

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

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

·    finalise the recommended unilateral undertaking or 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 the 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 Services considers reasonably necessary; and

·    complete the Section 106 unilateral undertaking or agreement referred to above and issue the planning permission.