Site address:               295-301 London Road, Headington, Oxford, OX3 9EH

Proposal:                    Demolition of existing two storey building. Erection of a part two, part three storey building to create 5 x 2 bed and 2 x 1 bed flats. Provision of bin and cycle storage along with private amenity space. Re-provision of the existing Sikh Gurdwara including additional floor space at first floor level. (Amended plans)               

Reason at Committee:     The applicant is no longer in a position to enter into a Section 106 agreement to secure re-provision of the Gurdwara and retention of the building for these purposes. It is proposed that the matters instead be secured by planning condition which differs from the previous committee resolution to secure these matters through a Section 106 agreement.

Recommendation:

The Planning Review 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 10 of the report and grant planning permission.

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.

The Committee considered an application (20/00856/FUL) for planning permission for the demolition of the existing two storey building; erection of a part two, part three storey building to create 5 x 2 bed and 2 x 1 bed flats; provision of bin and cycle storage along with private amenity space; re-provision of the existing Sikh Gurdwara including additional floor space at first floor level. (Amended plans) at 295-301 London Road, Headington, Oxford, OX3 9EH.

This was brought back to the Committee for determination because the applicant is no longer in a position to enter into a Section 106 agreement to secure the re-provision of the Gurdwara and retention of the building for these purposes. It is proposed that the matters, which would otherwise have been secured through the Section 106 agreement would instead be secured by planning condition, which differed from the previous committee resolution to secure these matters through a Section 106 agreement.

The Planning Officer presented the report. He reported the receipt of a letter from the Secretary of the Oxford Gurdwara expressing concern about the lack of provision for a temporary Gurdwara during the construction of the new Gurdwara, concerns regarding the timing of the delivery of the replacement Gurdwara in relation to the build programme and the assertion that the matters originally sought as part of the Section 106 should continue to be sought under this mechanism.

Henry Venners, the agent representing the applicant, spoke in support of the application. Akash Turna, the applicant, answered questions from the Committee and reassured councillors that the applicant would assist the Gurdwara committee in securing a suitable temporary location.

Members of the Committee asked questions of the officers about the details of the application. The Planning Officer and legal adviser outlined the protections offered by, and limitations of, both a section 106 agreement and the proposed conditions.

In reaching its decision on the sole matter of deviating from the committee’s previous resolution to grant planning permission subject to the prior completion of a section 106 agreement by removing the requirement for a Section 106 agreement and instead including further conditions having the same effect, 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 as set out in the report.

The Oxford City Planning Committee resolved to:

1.         approve application 20/00856/FUL for the reasons given in the report and subject to the required 22 planning conditions and 3 informatives set out in section 10 of the report and grant planning permission; 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.

Site address:           295-301 London Road, Headington, Oxford, OX3 9EH

Proposal:                Demolition of existing two storey building. Erection of a part two, part three storey building to create 5 x 2 bed and 2 x 1 bed flats. Provision of bin and cycle storage along with private amenity space. Re-provision of the existing Sikh Gurdwara including additional floor space at first floor level. (Amended plans)             

Reason at Committee      The application has been called into the Planning Review Committee by Councillors Rowley, Chapman, Pressel, Lygo, Tarver, Rush, Fry, Munkonge, Kennedy, Taylor, Upton, Tidball, Aziz, Azad and Arshad

Recommendation:

The Planning Review 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 8 of the report and grant planning permission.

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.

The Committee considered an application (20/00856/FUL) for planning permission for the demolition of the existing two storey building; erection of a part two, part three storey building to create 5 x 2 bed and 2 x 1 bed flats; provision of bin and cycle storage along with private amenity space; re-provision of the existing Sikh Gurdwara including additional floor space at first floor level. (Amended plans) at 295-301 London Road, Headington, Oxford.

The East Area Planning Committee had resolved to grant planning approval for this application at the meeting on 2 September 2020. 

That decision by the East Area Planning Committee was called in to the Planning Review Committee by Councillors Rowley, Chapman, Pressel, Lygo, Tarver, Rush, Fry, Munkonge, Kennedy, Taylor, Upton, Tidball, Aziz, Azad and Arshad. The reason listed for the call in was to allow members an opportunity to consider all of the issues raised during the discussions at the East Area Planning Committee. Concerns were also expressed regarding the provision of parking for the replacement Gurdwara and the suitability of the replacement community facility.

The Head of Planning Services commented on the issues raised in documents which had been sent to Committee members by the Trustees of the Gurdwara in advance of the meeting.  He advised on the following matters that:

1.               The accuracy of the translation of what one of the speakers in support of the proposal had said at the East Area Planning Committee (EAPC) on 2 September: Planning and Legal officers were satisfied that there were no significant differences in the translation which would have had a material bearing, in planning terms, on the decision taken by EAPC. Moreover this had no bearing on the decision before the Planning Review Committee.

2.               Disputed land ownership and potential litigation were not material planning considerations and were not relevant to the determination of the application by the Planning Review Committee.

The Planning Officer presented the report. He said that following further consultation with the applicant it was proposed that the recommendation before the Committee should be amended to state that approval would be subject to the completion of an agreement under section 106 of the Town and Country Planning Act 1990 (s106 agreement).  The s106 agreement would deal with the requirements set out in Condition 21 which would be deleted.  In summary the s106 agreement would require that the Gurdwara would be provided and made available for the sole use as a Gurdwara prior to the occupation of the residential units.

The Planning Lawyer confirmed that the s106 agreement would also require a building programme to be submitted and implemented to secure that the development of the Gurdwara and the residential units would take place and be completed at the same time.

The Chair advised that the Council had secured the services of an independent translator for the meeting to assist in the communication between the Committee and one of the speakers, Mr Sukdev Singh Lalli.

Cllr Rowley (representing the views of  ...  view the full minutes text for item 4

Proposal: Demolition of existing two storey building. Erection of a part two, part three storey building to create 5 x 2 bed and 2 x 1 bed flats. Provision of bin and cycle storage along with private amenity space. Re-provision of the existing Sikh Gurdwara including additional floor space at first floor level. (Amended plans).

Site Address: 295-301 London Road, Headington, Oxford – see Appendix 1 for site plan

Recommendations: East 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 11 of the report and grant planning permission; and

2.    Agree to delegate authority to the Head of Planning 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 Services considers reasonably necessary.

The Committee considered an application for planning permission for the demolition of the existing two storey building; erection of a part two, part three storey building to create 5 x 2 bed and 2 x 1 bed flats; provision of bin and cycle storage along with private amenity space; and re-provision of the existing Sikh Gurdwara including additional floor space at first floor level. (Amended plans) at 295-301 London Road, Headington, Oxford.

Cllr Rowley (representing the views of local residents) spoke against the application, outlining the concerns objectors had raised with him including the loss of community facilities.

Dilpreet Dhanoa (representing objectors from the Gurdwara) spoke against the application, outlining concerns about lack of support from the Gurdwara’s community and the difficulties in relocating worship and other activities.

Simon Sharp (the agent for the applicant) spoke in support of the application and he and Sukdev Singh Lalli (representing the applicant) answered questions.

The Committee noted that although a number of serious concerns around ownership and authority over the building had been raised by those speaking against and in correspondence, these were not matters it could consider when determining the planning application.  The Committee considered all the information presented to it, and came to its conclusions based only on matters relevant to the determination of the application.

On being debated, proposed, seconded and put to the vote, the Committee agreed with the officer’s recommendation to approve the application.

The East Area Planning Committee resolved to:

1.    approve application 20/00856/FUL for the reasons given in the report and subject to the required 21 planning conditions set out in section 11 of the report and grant planning permission; and

2.    delegate authority to the Head of Planning 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 Services considers reasonably necessary.