Site address:                  Unit 1 And Unit 2, Botley Road, Oxford  

Proposal:                        Erection of extensions to the front and rear and external alterations throughout, including the installation of cladding and new glazing. Provision of dedicated foot/cycle access from Botley Road, cycle parking, erection of substation, external lighting, hard and soft landscaping, external loading bay, means of enclosure (including car park barriers) and associated works to enable the use of the building within Use Class E (Commercial, Business and Service) for research and development. 

Reason at Committee:     This is a major planning application

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 (or unilateral undertaking) 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 receipt of comments from the Environment Agency.

2.     agree to delegate authority to the Head of Planning Services to:

·       decide whether the application needs to be referred back to the committee on receipt of a response from the Environment Agency; and

·       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 (or unilateral undertaking) 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 the completion of the section 106 legal agreement (or unilateral undertaking) referred to above issue the planning permission.

The Committee considered an application (21/02053/FUL) for planning permission for the erection of extensions to the front and rear and external alterations throughout, including the installation of cladding and new glazing; provision of dedicated foot/cycle access from Botley Road, cycle parking, erection of substation, external lighting, hard and soft landscaping, external loading bay, means of enclosure (including car park barriers) and associated works to enable the use of the building within Use Class E (Commercial, Business and Service) for research and development.

The Planning Officer presented the report and briefed the Committee on the background to the Environment Agency (EA) position regarding this application.

He confirmed that no formal comment has been received from the EA in response to the Council’s consultation request. Correspondence was received from the EA by planning officers on 27 September 2021 stating that they would likely object because no ground levels had been provided by the applicant. Ground levels, provided by the applicant, were sent to the EA on the following day.  At that point they EA advised that an additional 21 days would be needed to respond to the Council’s consultation request; which meant that a comment was expected by 19 October 2021. No formal comment was subsequently received by planning officers.

Planning officers were aware that the applicant had worked positively and proactively with the EA via formal pre-application discussions, during which time the EA had indicated that they would not have grounds to object, and the applicant has submitted all the documentation that has been required by the EA. Furthermore, no objection was raised by the Lead Local Flood Authority or the Council’s flood officers.

The officer report was issued on that basis, having regard to the statutory period in which the Council must determine planning applications.

Since publication of the report, planning officers had received an informal email from the EA stating that they intended to comment on the application and would likely object, although the reason for doing so was not substantiated. Planning officers were confident that any objection the EA may raise via a formal comment could be addressed via the submission of additional technical information by the applicant.

On this basis, planning officers maintain the recommendation set out in the officer report that the committee approve this application subject to formal written confirmation from the EA that they raise no objection to the application.

The Committee welcomed the application as a positive example of how a large retail unit could be re-purposed to create a sustainable employment site through improvements to the building and landscaping. They hoped that this scheme would be a model for further changes on other retail sites in the city. They expressed concern at the behaviour of the EA and endorsed the planning officers’ intention to write to the EA about the matter.  The Committee accepted the planning officers’ assurance that any objection from the EA could be resolved, noting that if that was not the case the application would be brought back to them for.  

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 to approve the application recommendation set out in the officer report that the committee approve this application subject to formal written confirmation from the EA that they raise no objection to the application.

The Oxford City Planning Committee resolved 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 (or unilateral undertaking) 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 this report; and

·         the receipt of confirmation from the Environment Agency that they raise no formal objection.

2. agree to delegate authority to the Head of Planning Services to:

·         decide whether the application needs to be referred back to the committee on receipt of a response from the Environment Agency; and

·         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 (or unilateral undertaking) 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

·         following the completion of the section 106 legal agreement (or unilateral undertaking) referred to above issue the planning permission.