Apologies were received from Councillor Anwar (substitute Councillor Iley-Williamson), Councillor Goddard (substitute Councillor Wade) and Councillor Turner (substitute Councillor Brown).

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

There were no declarations of interest.

The following five applications were considered and determined by the West Area Planning Committee on 13 September 2016.

These five applications have been called-in to the Planning Review Committee by the Head of Planning and Regulatory Services who considers that a review is appropriate to ensure consistency in decision making for similar types of applications/development.

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

The Chair made the following introductory remarks:

• Planning Review Committee (PRC) had been convened to consider only the merits of these five applications which had been “called in” by the Head of Planning & Regulatory Services on the grounds that a review was appropriate to ensure consistency in decision making for similar types of applications
• the PRC should be mindful of the importance of ensuring consistency when determining these five applications
• The five separate applications from Network Rail were seeking variations or removals to some (but not all) of the conditions applied to the previous approvals made by West Area Planning Committee (WAPC) in June 2015 and Feb 2016; for example the condition restricting the number of passenger and freight trains on the line was not for review by the Planning Review Committee (PRC) and stands as agreed at WAPC
• Appendix 2 presented the draft terms of an Unilateral Undertaking (UU) but it was important to note that this was the current proposal as submitted by Network Rail; it was not presented for approval by PRC as it lacked sufficient detail; the actual detailed terms of the agreed UU would be negotiated by planning officers (just as they would for any other s106 agreement) and the final UU would be signed off by the Head of Planning & Regulatory Services and the Chair of PRC.

The Officers presented the report and set out the background to the applications to be determined.  They highlighted the following points:

• Condition 19 was imposed by the Secretary of State to ensure that operational noise and vibration are adequately mitigated at residential and other noise sensitive premises

·         Condition 19 and the Noise and Vibration Mitigation Policy require monitoring of any mitigation that is installed at 6 and 18 months after services start in EWRP1 and again after services start in EWRP2: this must be undertaken because the Secretary of State requires it and is not impacted by any decision taken by the local planning authority

·         In route sections H and I-1 the implications are that:

o   vibration monitoring is not required because no vibration mitigation installed

o   monitoring is required of the noise reduction performance of installed barriers and property insulation

·         WAPC wanted additional monitoring of the operation of the rail line not just of the mitigation installed and imposed a condition requiring continuous monitoring of noise and vibration for 6 years

·         Officers had advised the WAPC when it was considering applying a condition requiring additional monitoring, that in their opinion this form of condition would not meet the legal or policy tests of the Government’s National Planning Policy Framework

·         Network Rail was now applying to vary this condition to revert back to the requirements of condition 19 (with a voluntary enhancement in the form of a Unilateral Undertaking)

The Council’s legal advisor then briefed the Committee and advised them that the  ...  view the full minutes text for item 9.

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:

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

·         the conditions listed below

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

1.      Development in accordance with application documents

2.      Implementation of SilentTrack

3.      Monitoring in accordance with submitted scheme

On being put to the vote a majority of 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:

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:

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

·         the conditions listed below

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

1.      Development in accordance with application documents

2.      Implementation of SilentTrack

3.      Monitoring in accordance with submitted scheme

On being put to the vote a majority of 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:

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:

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

·         the conditions listed below

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 in consultation with the Chair of Planning Review Committee

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

1          Development in accordance with application documents

2          Monitoring in accordance with submitted scheme

On being put to the vote a majority of 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:

1.      Development in accordance with application documents

2.      Monitoring in accordance with submitted scheme

In addition:

·         the conclusion of a Unilateral Undertaking (to monitor vibration for four days at 3 properties close to the line in route section H and/or at other locations to be mutually agreed) the decision upon which to be delegated to the Head of Planning and Regulatory Services in consultation with the Chair of Planning Review Committee.

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:

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

·         the conditions listed below

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

1.         Development in accordance with application documents

On being put to the vote a majority of 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 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:

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

·         the conditions listed below

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

1.         Development in accordance with application documents

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

The Committee resolved to approve application 16/01412/VAR: Vibration monitoring on plain line, route section I-1 (re - 15/03587/CND, Condition 3) subject to the following conditions:

1.    Development in accordance with application documents

The Committee is asked to approve the minutes of the last meeting held on 22 June 2016 as a true and correct record.

The Committee resolved to approve the minutes of the meeting held on 22 June 2016.

The Committee noted the dates of future meetings (if required).