Site address:                  45 Richmond Rd, Oxford, OX1 2JJ        

Proposal:                        Temporary installation of PV Solar Panels to front and rear roofslopes for 5 year period.

Reason at Committee:    This application was called in by Councillors Pressel, Turner, Clarkson, Fry, Tanner and Kennedy following concerns that this application should be determined by councillors due to the number of comments received.    

Recommendation:

The West Area Planning Committee is recommended to:

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

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

The recommended reasons for refusal are as follows:

1.     The solar panels, by reason of their design, siting, size and projection above the original roof surface appear incongruous, obtrusive interventions that cover a substantial area of the building’s roof slopes, a building that by virtue of its type makes a significant contribution to the special character and appearance of the Jericho Conservation Area. The design of the panels and the installation fails to comply with policies DH1 and DH3 of the Oxford Local Plan 2036 and paragraph 192 of the NPPF. The installation causes less than substantial harm to the architectural and historical significance of the heritage asset that is the Jericho Conservation Area. The harm has not been clearly or convincingly justified and therefore the proposal to retain the panels fails to comply with paragraph 194 of the NPPF. The proposal also fails to comply with policy 196 of the NPPF and would be contrary to policy DH3 of the Oxford Local Plan 2036 in that it offers insufficient public benefits to outweigh the high level of less than substantial harm that the solar panels cause and the solar panels are not required to retain the building in an optimum viable use.

2.     The solar panels are considered to cause less-than-substantial harm to the significance of the Jericho Conservation Area and this harm is not outweighed by the public benefits attributed to the development which would be contrary to the requirements of Paragraph 196 of the NPPF and Policies DH1 and DH3 of the Oxford Local Plan 2036.  The retention of these solar panels for a temporary period would not mitigate this identified less-than-substantial harm, which has been established as a result of their installation, and will not be altered over the lifetime of the temporary permission.  In accordance with the advice set out within the National Planning Practice Guidance, there would be no justification to grant a temporary period to assess the effect of the development on the conservation area over this period given the effect of this harm will not change over the temporary period, and given it is clearly contrary to national and local plan planning policy, which is also not expected to change by the end of that period, and as concluded in the recent appeal decision.

Cllr Iley-Williamson left the meeting at the start of this item.

The Committee considered an application for planning permission for the temporary installation of PhotoVoltaic Solar Panels to front and rear roofslopes for a 5 year period at 45 Richmond Rd, Oxford, OX1 2JJ.

In reaching its decision, the Committee considered all the information put before it. The Committee considered the balance between the public benefits of this renewable energy scheme in reducing carbon emissions against the harm caused by its installation in the Jericho conservation area which because of its special character had the further protection of an Article 4 direction.

The Planning Officer informed the committee that the fourth sentence of the first reason for refusal should be amended to read:-

“The identified harm caused by the panels has not been clearly or convincingly justified by the applicant and therefore the proposal to retain the panels fails to comply with paragraph 194 of the NPPF.”

A motion, proposed and seconded, to approve the application (as the public benefits could be considered to outweigh the harm caused by time-limited permission for the retention of the solar panels) and delegate the setting of conditions to the Head of Planning Services was lost on being put to the vote.

After debate and on being proposed, seconded and put to the vote, the Committee agreed with the officer’s recommendation to refuse the application for the reasons given in the report as orally amended by the Planning Officer at the meeting.

The West Area Planning Committee resolved to:

1.     refuse application 20/02938/FUL for the reasons given in paragraph 1.1.2 of the report as orally amended by the Planning Officer at the meeting,

2.     and delegate authority to the Head of Planning Services to finalise the reasons for refusal including such refinements, amendments, additions and/or deletions as the Head of Planning Services considers reasonably necessary.

The reasons for refusal were as follows:

1.     The solar panels, by reason of their design, siting, size and projection above the original roof surface appear incongruous, obtrusive interventions that cover a substantial area of the building’s roof slopes, a building that by virtue of its type makes a significant contribution to the special character and appearance of the Jericho Conservation Area. The design of the panels and the installation fails to comply with policies DH1 and DH3 of the Oxford Local Plan 2036 and paragraph 192 of the NPPF. The installation causes less than substantial harm to the architectural and historical significance of the heritage asset that is the Jericho Conservation Area. The identified harm caused by the panels has not been clearly or convincingly justified by the applicant and therefore the proposal to retain the panels fails to comply with paragraph 194 of the NPPF. The proposal also fails to comply with policy 196 of the NPPF and would be contrary to policy DH3 of the Oxford Local Plan 2036 in that it offers insufficient public benefits to outweigh the high level of less than substantial harm that the solar panels cause and the solar panels are not required to retain the building in an optimum viable use.

2.     The solar panels are considered to cause less-than-substantial harm to the significance of the Jericho Conservation Area and this harm is not outweighed by the public benefits attributed to the development which would be contrary to the requirements of Paragraph 196 of the NPPF and Policies DH1 and DH3 of the Oxford Local Plan 2036.  The retention of these solar panels for a temporary period would not mitigate this identified less-than-substantial harm, which has been established as a result of their installation, and will not be altered over the lifetime of the temporary permission.  In accordance with the advice set out within the National Planning Practice Guidance, there would be no justification to grant a temporary period to assess the effect of the development on the conservation area over this period given the effect of this harm will not change over the temporary period, and given it is clearly contrary to national and local plan planning policy, which is also not expected to change by the end of that period, and as concluded in the recent appeal decision.