Site address:                         Land To The West Of Mill Lane, Marston, Oxford, OX3 0QA

Proposal:                               Erection of 80 residential dwellings (use class C3) formed of 13 one-bedroom apartments and 28 two-, 35 three- and 4 four-bedroom houses with associated public open space, access and landscaping           

Recommendation:

The Oxford City 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 12 of the report and grant planning permission subject to:

·         The satisfactory completion of a legal agreement under section106 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 this report; and

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; 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 this 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 (21/01217/FUL) for planning permission for the erection of 80 residential dwellings (use class C3) formed of 13 one-bedroom apartments and 28 two-, 35 three- and 4 four-bedroom houses with associated public open space, access and landscaping.

The Planning Officer presented the report. He advised the Committee that a letter circulated by the Oxford Preservation Trust (OPT), after the publication of the agenda, initially made reference to the lack of a “winter” Local View Impact Assessment (LVIA).  He confirmed that such a LVIA had been submitted and that the OPT letter had been revised to reflect that.

Charlotte Vinnicombe (Old Marston Parish Councillor and Chair of the Elsfield Road and Oxford Road Old Marston Residents’ Association), Debbie Dance (Oxford Preservation Trust) and Roger Crisp (Friends of Old Marston) spoke against the application. 

Vicky Trietline (Oxford City Housing Limited) and Ghazala Javed (Arcadis) spoke in favour of the application with Andrew Wilkins available for questions on design or highways matters from the Committee.

The Committee asked questions of the officers about the details of the application. The Committee noted that this application raised the same issues regarding traffic flows, road safety, parking and cycle paths which had been discussed and debated in relation to a separate, but adjacent, application at the meeting on 26 May 2021.

The Committee indicated that they would like a dialogue to be re-opened with Oxfordshire County Council to explore the possibility of creating access via the A40.  Planning Officers explained that such a condition or informative would not be considered reasonable.  It was a matter for the City Council to take forward through other channels.

In reaching its decision, the Committee considered all the information put before it. The Committee concluded that, on balance, the public benefits identified in the report outweighed their concerns about the traffic issues.

After debate and on being proposed, seconded and put to the vote, the Committee agreed with the officer’s recommendation to approve the application, subject to the provision that the section 106 legal agreement allows sufficient flexibility for the financial contribution, which was allocated to be spent on improvements to Back Lane to be spent on alternative improvements to other public rights of way or pedestrian and cycle infrastructure in the immediate area where this is considered to be appropriate. 

The Oxford City Planning Committee resolved to:

1.     Approve the applicationfor 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 section106 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 subject to the amendment detailed above regarding funding for enhancements to public rights of way and/or cycle infrastructure in the area.

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 this 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.