The Committee recorded their regret at the sad news of the death of Jeremy Thomas, Head of Law and Governance.

Apologies for absence were received from Cllr Tidball (substitute Cllr Coulter).

The Chair advised that a member of the public would be making an audio recording of the meeting.

There were no declarations of interest.

Note re appendices

·         Appendix 1 is common to agenda items 3 and 4 (found on page 35)

·         Appendices 2 and 3 are common to agenda items 3, 4 and 5 (pages 37 and 39)

·         Appendix 4 and 5 a, b, c  are specific to this report (pages 53, 63 - 77)

Discussion

The Committee considered two applications for the removal of conditions in relation to the use of ‘Tata SilentTrack’ in route sections H and I-1.

The Planning Officer presented the report. In summary she explained that that planning officers’ were not saying that the use of ‘Tata SilentTrack’ was reasonably practicable but that the applicant had not submitted a convincing case that the use of ‘Tata SilentTrack’ was not reasonably practicable for use on route sections H and I-1.

The following residents spoke against the application: Mr Mike Gotch, Mr Keith Dancey, Mr Paul Buckley, Mr Adrian Olsen.

Representatives from Network Rail gave a presentation in support of the application.

The Committee asked questions of the officers and Network Rail representatives about the details of the applications.

In reaching their decisions, the Committee considered the officers report and presentation, the address of the public speakers and the presentation by Network Rail. 

The Committee concluded that the applicant had not demonstrated to the Council’s overall satisfaction that the use of ‘Tata SilentTrack’ was not reasonably practicable for use on route sections H and I-1.

Decisions

Site address:      Chiltern Railway from Oxford to Bicester Appendix 1

Proposal:            Application under Section 73 of the Town and Country Planning Act 1990 to remove condition 2 of 15/00956/CND in relation to the use of 'Tata SilentTrack' in Section H.

Officer recommendation:

West Area Planning Committee is recommended to refuse this application 16/01858/VAR (route-section H) for the following reason:

1          It has not been demonstrated to the satisfaction of the Council that the provision of rail damping is not reasonably practicable for route-section H/I-1. While it may be reasonable to expect that rail damping will provide additional noise attenuation, and that safety and safe working conditions would not prevent the installation of rail damping, insufficient regard has been given in the application to local conditions and the financial considerations of installing rail damping. The application is therefore contrary to policies CP6 and CP10 of the adopted Oxford Local Plan 2001-2016, and policies CS13 and CS27 of the adopted Core Strategy 2026.

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

The Committee resolved to refuse planning application 16/01858/VAR: to remove condition 2 of 15/00956/CND in relation to the use of 'Tata SilentTrack' in Section H for the following reason:

It has not been demonstrated to the satisfaction of the Council that the provision of rail damping is not reasonably practicable for route-section H. While it may be reasonable to expect that rail damping will provide additional noise attenuation, and that safety and safe working conditions would not prevent the installation of rail damping, insufficient regard has been given in the application to local conditions and the financial considerations of installing rail damping. The application is therefore contrary to policies CP6 and CP10 of the adopted Oxford Local Plan 2001-2016, and policies CS13 and CS27 of the adopted Core Strategy 2026.

Site address:   Chiltern Railway from Oxford to Bicester Appendix 1

Proposal:          Application under Section 73 of the Town and Country Planning Act 1990 to remove condition 2 of 15/03503/CND in relation to the use of 'Tata SilentTrack' in Section I-1.

Officer recommendation:

West Area Planning Committee is recommended to refuse this application 16/01861/VAR (route-section I-1) for the following reason:

1          It has not been demonstrated to the satisfaction of the Council that the provision of rail damping is not reasonably practicable for route-section H/I-1. While it may be reasonable to expect that rail damping will provide additional noise attenuation, and that safety and safe working conditions would not prevent the installation of rail damping, insufficient regard has been given in the application to local conditions and the financial considerations of installing rail damping. The application is therefore contrary to policies CP6 and CP10 of the adopted Oxford Local Plan 2001-2016, and policies CS13 and CS27 of the adopted Core Strategy 2026.

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

The Committee resolved to refuse planning application 16/01861/VAR: to remove condition 2 of 15/03503/CND in relation to the use of 'Tata SilentTrack' in Section I-1 for the following reason:

It has not been demonstrated to the satisfaction of the Council that the provision of rail damping is not reasonably practicable for route-section I-1. While it may be reasonable to expect that rail damping will provide additional noise attenuation, and that safety and safe working conditions would not prevent the installation of rail damping, insufficient regard has been given in the application to local conditions and the financial considerations of installing rail damping. The application is therefore contrary to policies CP6 and CP10 of the adopted Oxford Local Plan 2001-2016, and policies CS13 and CS27 of the adopted Core Strategy 2026.

Note re appendices

·         Appendix 1 is common to agenda items 3 and 4 (found on page 35)

·         Appendices 2 and 3 are common to agenda items 3, 4 and 5 (pages 37 and 39)

Discussion

The Committee considered five applications to vary conditions in relation to noise and vibration monitoring on route sections H and I-1.

The Planning Officer presented the report. She reminded the Committee that when they had approved the original applications subject to the condition to which these variations refer they had been advised by officers that the condition would not meet the legal or policy tests of the National Planning Policy Framework.  She advised that officers remained of that view and for that reason were recommending approval of the applications to vary that condition.  She said that in respect of application 16/01410/VAR (vibration monitoring on the plain line, route H) the applicant had indictated that they were prepared to conclude a Unilateral Undertaking to conduct some additional vibration monitoring.

The following residents spoke against the application: Mr Mike Gotch, Mr Keith Dancey, Mr Paul Buckley, Mr Michael Drolet, Mr Adrian Olsen.

Representatives from Network Rail gave a presentation in support of the applications.

The Committee asked questions of the officers and Network Rail representatives about the details of each of the applications.

In reaching their decisions, the Committee considered the officers report, presentation and the address of the public speakers.

The Committee concluded that in respect of the following applications it was reasonable to remove or vary the conditions previously imposed as the proposed monitoring arrangements were in line with the original deemed permission condition 19 (1, 6):

16/01410/VAR

16/01411/VAR

16/01406/VAR

16/01412/VAR

However, in regard to application 16/01412/VAR the Committee were mindful of the statements from local residents about the high levels of vibration experienced, and they considered that it was unreasonable to dispense with any vibration monitoring arrangements for plain route, section I-1 purely on the basis of modelling assumptions.  

Decisions

Site address:           Chiltern Railway From Oxford To Bicester Appendix 1 – route sections H and I-1

Proposal:                  Applications under Section 73 of the Town and Country Planning Act, 1990 to vary conditions in relation to noise and vibration monitoring in route sections H and I-1.

Officer recommendation:

West Area Planning Committee is recommended to approve this application 16/01410/VAR for the following reasons and subject to and including:

·         the conditions listed below (conditions are in part dependent on the determination of applications 16/01858/VAR and 16/01861/VAR earlier in this Agenda); and

·         conclusion of a Unilateral Undertaking (to monitor vibration for four days at 3 properties close to the line in route section H) the decision upon which to be delegated to the Head of Planning and Regulatory Services:

Reasons for Approval

 1         The proposed monitoring makes satisfactory provision to help secure a reasonable level of mitigation of the noise and vibration impacts of the scheme on local residents.

 2         Officers have considered carefully all objections to these proposals.  Officers have come to the view, for the detailed reasons set out in the officers report, that the objections do not amount, individually or cumulatively, to a reason for refusal and that all the issues that have been raised have been adequately addressed and the relevant bodies consulted.

Conditions (to be applied as relevant to the permissions being varied):

1          Development in accordance with application documents

2          not applicable to this application

3          Monitoring in accordance with submitted scheme

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

The Committee resolved to approve application 16/01410/VAR:  Vibration monitoring on plain line, route section H (re - 13/03202/CND, Condition 3) subject to the following conditions as amended below:

·         the conclusion of a Unilateral Undertaking (to monitor vibration for four days at 3 properties close to the line in route section H) the decision upon which to be delegated to the Head of Planning and Regulatory Services in consultation with the Chair of West Area Planning Committee

and

Conditions:

1.            Development in accordance with application documents

2.            Monitoring in accordance with submitted scheme

Site address:           Chiltern Railway From Oxford To Bicester Appendix 1 – route sections H and I-1

Proposal:                  Applications under Section 73 of the Town and Country Planning Act, 1990 to vary conditions in relation to noise and vibration monitoring in route sections H and I-1.

Officer recommendation:

West Area Planning Committee is recommended to approve this application 16/01411/VAR for the following reasons and subject to and including:

·         the conditions listed below (conditions are in part dependent on the determination of applications 16/01858/VAR and 16/01861/VAR earlier in this Agenda); and,

·         conclusion of a Unilateral Undertaking (to monitor vibration for four days at 3 properties close to the line in route section H) the decision upon which to be delegated to the Head of Planning and Regulatory Services

Reasons for Approval

 1         The proposed monitoring makes satisfactory provision to help secure a reasonable level of mitigation of the noise and vibration impacts of the scheme on local residents.

 2         Officers have considered carefully all objections to these proposals.  Officers have come to the view, for the detailed reasons set out in the officers report, that the objections do not amount, individually or cumulatively, to a reason for refusal and that all the issues that have been raised have been adequately addressed and the relevant bodies consulted.

Conditions (to be applied as relevant to the permissions being varied):

1          Development in accordance with application documents

2          not applicable to this application

3          not applicable to this application

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

The Committee resolved to approve application 16/01411/VAR: Vibration monitoring at switches and crossings, route section H (re - 14/00232/CND, Condition 3) subject to the following condition:

Conditions:

1.    Development in accordance with application documents

Site address:           Chiltern Railway From Oxford To Bicester Appendix 1 – route sections H and I-1

Proposal:                  Applications under Section 73 of the Town and Country Planning Act, 1990 to vary conditions in relation to noise and vibration monitoring in route sections H and I-1.

Officer recommendation:

West Area Planning Committee is recommended to approve this application 16/01406/VAR for the following reasons and subject to and including:

·         the conditions listed below (conditions are in part dependent on the determination of applications 16/01858/VAR and 16/01861/VAR earlier in this Agenda); and,

·         conclusion of a Unilateral Undertaking (to monitor vibration for four days at 3 properties close to the line in route section H) the decision upon which to be delegated to the Head of Planning and Regulatory Services

Reasons for Approval

 1         The proposed monitoring makes satisfactory provision to help secure a reasonable level of mitigation of the noise and vibration impacts of the scheme on local residents.

 2         Officers have considered carefully all objections to these proposals.  Officers have come to the view, for the detailed reasons set out in the officers report, that the objections do not amount, individually or cumulatively, to a reason for refusal and that all the issues that have been raised have been adequately addressed and the relevant bodies consulted.

Conditions (to be applied as relevant to the permissions being varied):

1          Development in accordance with application documents

2          Implementation of SilentTrack

(dependent on the determination of applications 16/01858/VAR and 16/01861/VAR earlier on this Agenda)

3          Monitoring in accordance with submitted scheme.

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

The Committee resolved to approve application 16/01406/VAR: Noise monitoring route section H (re - 15/00956/CND, Condition 4) subject to the following conditions:

Conditions:

1.    Development in accordance with application documents

2.    Implementation of SilentTrack

3.    Monitoring in accordance with submitted scheme.

Site address:           Chiltern Railway From Oxford To Bicester Appendix 1 – route sections H and I-1

Proposal:                  Applications under Section 73 of the Town and Country Planning Act, 1990 to vary conditions in relation to noise and vibration monitoring in route sections H and I-1.

Officer recommendation:

West Area Planning Committee is recommended to approve this application 16/01412/VAR for the following reasons and subject to and including:

·         the conditions listed below (conditions are in part dependent on the determination of applications 16/01858/VAR and 16/01861/VAR earlier in this Agenda); and,

·         conclusion of a Unilateral Undertaking (to monitor vibration for four days at 3 properties close to the line in route section H) the decision upon which to be delegated to the Head of Planning and Regulatory Services

Reasons for Approval

 1         The proposed monitoring makes satisfactory provision to help secure a reasonable level of mitigation of the noise and vibration impacts of the scheme on local residents.

 2         Officers have considered carefully all objections to these proposals.  Officers have come to the view, for the detailed reasons set out in the officers report, that the objections do not amount, individually or cumulatively, to a reason for refusal and that all the issues that have been raised have been adequately addressed and the relevant bodies consulted.

Conditions (to be applied as relevant to the permissions being varied):

1          Development in accordance with application documents

2          not applicable to this application

3          not applicable to this application

On being put to the vote the Committee agreed the resolution as set out below.

The Committee resolved to refuse planning application 16/01412/VAR: Vibration monitoring on plain line, route section I-1(re - 15/03587/CND, Condition 3) for the following reason: that in view of the statements from local residents about the high levels of vibration experienced it was unreasonable to dispense with any vibration monitoring arrangements for plain line, route section I-1 purely on the basis of modelling assumptions.

Site address:           Chiltern Railway From Oxford To Bicester Appendix 1 – route sections H and I-1

Proposal:                  Applications under Section 73 of the Town and Country Planning Act, 1990 to vary conditions in relation to noise and vibration monitoring in route sections H and I-1.

Officer recommendation:

West Area Planning Committee is recommended to approve this application 16/01409/VAR for the following reasons and subject to and including:

·         the conditions listed below (conditions are in part dependent on the determination of applications 16/01858/VAR and 16/01861/VAR earlier in this Agenda); and,

·         conclusion of a Unilateral Undertaking (to monitor vibration for four days at 3 properties close to the line in route section H) the decision upon which to be delegated to the Head of Planning and Regulatory Services

Reasons for Approval

 1         The proposed monitoring makes satisfactory provision to help secure a reasonable level of mitigation of the noise and vibration impacts of the scheme on local residents.

 2         Officers have considered carefully all objections to these proposals.  Officers have come to the view, for the detailed reasons set out in the officers report, that the objections do not amount, individually or cumulatively, to a reason for refusal and that all the issues that have been raised have been adequately addressed and the relevant bodies consulted.

Conditions (to be applied as relevant to the permissions being varied):

1          Development in accordance with application documents

2          Implementation of SilentTrack

(dependent on the determination of applications 16/01858/VAR and 16/01861/VAR earlier on this Agenda)

3          Monitoring in accordance with submitted scheme.

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

The Committee resolved to approve application 16/01409/VAR: Noise monitoring route section I-1 (re-15/03503/CND, Condition 4) subject to the following conditions:

Conditions:

1.    Development in accordance with application documents

2.    Implementation of SilentTrack

3.    Monitoring in accordance with submitted scheme.

Note re appendices

·         Appendix 1 is specific to this report (page 103)

·         Appendices 2 and 3 are common to all reports (pages 37 and 39)

Discussion

The Committee considered two applications for Noise and Vibration Scheme of Assessments for route 1-2.

The Planning Officer presented the report. She informed the Committee that officers were proposing an amendment to the published recommendation to include the following condition:

Within three months of this approval, proposals shall be submitted for the written approval of the local planning authority showing how at-source noise attenuation by rail damping to at least the standard achievable by the use of Tata SilentTrack can be incorporated into the scheme.  The development to which this approval relates shall not be brought into operation EITHER without that written approval having been obtained and other than in accordance with such approved details OR without the Council having given written confirmation that it is satisfied that the provision of such rail dampening is not reasonably practicable.

She explained that as the case for not installing ‘Tata SilentTrack’ on route sections H and I-1 had not been made by Network Rail it followed that the same requirement should apply, by condition, to route section I-2.

Mr Keith Dancey, resident, spoke against the application.  Representatives from Network Rail gave a presentation in support of the application.

The Committee asked questions of the officers about the details of the application and in particular to determine the legal and planning policy reasons for the proposed amendment to the recommendation to include the requirement to show how at-source noise attenuation by rail damping to at least the standard achievable by the use of Tata SilentTrack can be incorporated into the schemes.

In reaching their decision, the Committee considered the officers report, presentation and the address of the public speakers.

The Committee concluded that officers had not provided sufficient justification for their recommendation to impose a condition to incorporate Tata SilentTrack on route I-2.

Decisions

Site address:           Chiltern Railway from Oxford to Bicester – Section I-2

Proposal:                  Details submitted in compliance with condition 1 (Noise and Vibration - route section I/2) of TWA ref: TWA/10/APP/01 (The Chilterns Railways (Bicester to Oxford Improvements) Order - deemed planning permission granted under section 90(2A) of the Town and Country Planning Act 1990).

Officer recommendation:

West Area Planning Committee is recommended to approve this application for the following reasons and subject to the condition listed:

Reasons for approval

1          The submitted Noise and Vibration Schemes of Assessment are considered to be robust and have demonstrated that the required standards of noise mitigation set out in the Policy will be achieved. 

 2         Officers have considered carefully all objections to these proposals.  Officers have come to the view, for the detailed reasons set out in the officers report, that the objections do not amount, individually or cumulatively, to a reason for refusal and that all the issues that have been raised have been adequately addressed and the relevant bodies consulted.

Conditions:

1          Development in accordance with application documents

Notwithstanding the officer recommendation for approval, as amended with condition, and on being put to the vote, the Committee resolved to defer determination of application 16/01634/CND: Noise Scheme of Assessment for route section I-2 to allow planning officers to provide more detail on the legal and planning reasons for recommending approval subject to a condition requiring at-source mitigation.

Site address:           Chiltern Railway from Oxford to Bicester – Section I-2

Proposal:                  Details submitted in compliance with condition 1 (Noise and Vibration - route section I/2) of TWA ref: TWA/10/APP/01 (The Chilterns Railways (Bicester to Oxford Improvements) Order - deemed planning permission granted under section 90(2A) of the Town and Country Planning Act 1990).

Officer recommendation:

West Area Planning Committee is recommended to approve this application for the following reasons and subject to the condition listed:

Reasons for approval

1          The submitted Noise and Vibration Schemes of Assessment are considered to be robust and have demonstrated that the required standards of noise mitigation set out in the Policy will be achieved. 

 2         Officers have considered carefully all objections to these proposals.  Officers have come to the view, for the detailed reasons set out in the officers report, that the objections do not amount, individually or cumulatively, to a reason for refusal and that all the issues that have been raised have been adequately addressed and the relevant bodies consulted.

Conditions:

1          Development in accordance with application documents

Notwithstanding the officer recommendation, as amended, for approval and on being put to the vote, the Committee resolved to defer determination of application 16/01635/CND: Vibration Scheme of Assessment for route section I-2 to allow planning officers to provide more detail on the legal and planning reasons for recommending approval subject to a condition requiring at-source mitigation.

Minutes from the meeting of 2 August 2016

Recommendation: That the minutes of the meeting held on 2 August 2016 are approved as a true and accurate record.

The Committee resolved to approve the minutes of the meeting held on 2 August 2016 as a true and accurate record.

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

15/01601/FUL: 26 Norham Gardens, Oxford, OX6 6QD

15/03524/FUL: Oxford Spires Four Pillars Hotel, Abingdon Road, Oxford, OX1 4PS

16/00068/FUL 16/00069/LBC: Grove House, 44 Iffley Turn, Oxford, OX4 4DU

16/00391/FUL: 24 Rosamund Road, Oxford, OX2 8NU

16/00791/FUL: 1 Richmond Road, Oxford, OX1 2JJ

16/00882/FUL: 135 - 137 Botley Road, Oxford

16/01352/FUL: 164 Marlborough Road, Oxford, OX1 4LT

16/01046/FUL: 30 Warnborough Road, Oxford, OX2 6JA

16/01220/FUL & 16/01221/FUL: 16 Northmoor Road, Oxford, OX2 6UP

16/01397/FUL: 8 Chadlington Road, Oxford, OX2 6SY

16/01413/FUL: Land Adjacent 279 Abingdon Road, Oxford

16/01495/RES: Westgate Centre And Adjacent Land, OX1 1NX

16/01541/FUL: The Honey Pot, 8 Hollybush Row, OX1 1J

16/01725/FUL and 16/01727/LBC: St Edward's School, Woodstock Road, OX2 7NN

16/01726/FUL: Unit 5, Ashville Way, Oxford, OX4 6TU

16/01896/CT3: 21 to 27 Chatham Road And 10 To 40 Fox Crescent, Oxford

16/01909/FUL: Linton Lodge Hotel, 11-13 Linton Road, OX2 6UJ 

16/02216/CT3: Land Fronting 21 To 39 And 8 To 24 St Peter's Road, Oxford

16/02218/CT3: 85A Aldrich Road, Oxford, OX2 7SU

The Committee noted the list of forthcoming applications.

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

11 Oct 2016

8 Nov 2016

13 Dec 2016

24 Jan 2017

21 Feb 2017

14 Mar 2017

11 Apr 2017

9 May 2017

The Committee noted the dates of future meetings.