Please note the appendices include the previous committee report considered by the East Area Planning Committee on 5 July 2017. Full details including minutes, the report, and the appendices to that report are with these committee papers.

Recommendation:

The Oxford City Planning Committee is recommended to:

1.     re-confirm the resolution to grant planning permission 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 legal 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; 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 legal 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 legal agreement referred to above and issue the planning permission.

The Committee considered an application (16/03006/FUL) for planning permission for a mixed use phased development comprising residential (Use Class C3), hotel (Use Class C1), retail (Use Class A1/A3/A4) with associated car parking, demolition of car park, high level walkway and public house, public realm improvements, landscaping, highways and refurbishment of car parks and enhancement to shopping centre entrances (amended information) (amended plans) at Templars Square, Between Towns Road, Oxford.

The Planning Officer presented the report.

She outlined the reasons for the delay in issuing the decision notice granting planning permission. She referred to the recent implementation of the controlled parking zone giving rise to a new material planning consideration, specifically relating to the approved car parking in Site A, triggering the need for Committee to re-confirm the decision to approve the development

She reported receipt of comments from Natural England plus 22 further comments after the agenda publication, and summarised these.

She proposed an additional condition: Prior to use, machinery, plant or equipment and any extract/ ventilation system and ducting at the development shall be mounted with proprietary anti-vibration isolators and fan motors shall be vibration isolated from the casing and adequately silenced and maintained as such. (Reason: To safeguard the amenities of existing and future occupiers of properties from vibration in accordance with policies DH1, RE7 and RE8 of the Oxford Local Plan 2036)

Jamie Whitfield, representing the applicant, spoke in support of the application and outlined the constraints and benefits of the scheme.

Cllr Andrew Gant, in his capacity as trustee of Ark T, requested assurance that conditions included in the 2017 East Area Planning Committee decision, securing suitable parking arrangements (for example parking permits) for ArkT and the John Bunyan Baptist Church would be included in this decision, and asked that the construction management plan should take account of activities taking place which would be adversely impacted by noise and disturbance and that the two organisations were involved in the detail of the management plan.

The Planning Officer confirmed that Condition 48 Car Parks Management Regime (agreed previously) secured suitable parking arrangements and Condition 7 covered the construction management plan.

Members of the Committee asked questions of the officers about the details of the application, and expressed disappointment with the delays in issuing permission. 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, including the additional condition above, and noting this is subject to concluding the necessary S278 agreement between the applicant and the County Council as Highways Authority.

The Oxford City Planning Committee resolved to:

1.    re-confirm the resolution to grant planning permission for application 16/03006/FUL for the reasons given in the report and subject to the required planning conditions set out in section 12 of the report and a further condition controlling vibration from plant and mechanical ventilation  and grant planning permission subject to:

• the satisfactory completion of a legal 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; and
• the completion of an agreement under section 278 of the Highways Act 1980 in respect of the highway works referred to 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 legal 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
• following completion of the section 106 legal agreement referred to above and the section 278 agreement, issue the planning permission.