The Committee considered an application (21/02580/FUL) for full planning permission for a proposed development comprising 40 dwellings (Use Class C3), access arrangements and public open space, landscaping, associated infrastructure and works including pedestrian and cycle routes at Marston Paddock, Butts Lane.

The Planning Officer gave a presentation and made the following updates:

·      Sections 10.34 and 10.46 of the officer’s report referred to Paragraph 193 of the NPPF.  This should read Paragraph 199, which was the correct policy to consider in the context of assessing significance in relation to heritage assets;

·      Oxfordshire County Council had advised that it no longer intended to object to the development following the submission of the applicant’s surface water drainage strategy.  This was subject to two drainage conditions, which were listed in the conditions list.  Accordingly, the recommendations at 1.1.1 and 1.1.2 were to be amended to reflect that approval was no longer subject to further consultation with the Local Lead Flood Authority.

·      In relation to paragraph 10.13, which stated a definitive time when the First Homes policy would start to apply, a wider interpretation was being taken of the wording of the written ministerial statement around the meaning of determination and the transitional arrangements, which could enable a longer time before First Homes applies.

The Planning Officer summarised that the proposal represented development on an allocated site which would exceed the number of units required under the site policy, including 20 affordable units.  It was considered that the proposals were well designed and complied with the wider aims of the Local Plan. The low level of less than substantial harm to the Conservation Area would be demonstrably outweighed by the public benefits of the development, and the proposal was therefore recommended for approval subject to conditions and to the measures to be secured through the S106 agreement as outlined in the report.

Ian Ashcroft, agent, spoke in favour of the application.

The Committee’s discussion included the following points:

·        The access via Butts Lane was single track and would be shared for vehicles, pedestrians and cycles.  Oxfordshire County Council had considered that separate arrangements were not required due to predicted low vehicle speeds. The narrow width of the lane also did not allow for a separate pedestrian / cycle access.

·        Acoustic barriers would be installed adjacent to the two properties nearest to the A40.  The orientation of the flats would be facing into the site, and the area to the north closest to the A40 would not be used for public amenity, in order to preserve biodiversity.  The Council’s Environmental Health Officer had been satisfied that the correct noise abatement measures had been taken in terms of building design, securing the right amenity standards for those living in the flats.

·        The financial contribution to be secured towards compensatory measures to account for the site’s release from the Green Belt would involve works to improve recreation and biodiversity at Cutteslowe and Sunnymead Parks.  Officers had consulted with the Council’s Parks and Leisure Services Team and had taken the view that there was sufficient latitude and need to improve those areas to give confidence that this was a reasonable approach to take and no contrary evidence had been received.  At the suggestion of a Councillor, it was agreed that provision should be included in the S106 agreement to allow for a ‘cascade’ of alternative projects to secure equivalent Green Belt compensatory measures in the event that the aforementioned measures were found to be unviable.

After debate and being proposed, seconded and put to the vote, the Committee agreed with the officer’s recommendation to approve the application subject to conditions and the prior completion of a S106 agreement, subject to the agreement allowing sufficient flexibility for suitable compensatory measures to be included were the projects at Cutteslowe and Sunnymead Parks found to be unviable.

The Oxford City Planning Committee resolved to:

1.    Delegate authority to the Head of Planning Services to approve the application for the reasons given in the report subject to the planning conditions set out in section 12 of the report and 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 this report including such refinements, amendments, additions and/or deletions as the Head of Planning Services considers reasonable 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.  The S106 agreement to include flexibility for alternative projects for the use of the financial contribution to be secured towards compensatory measures to account for the site’s release from the Green Belt should the projects at Cutteslow and Sunnymead parks be found to be unviable; and

·       Complete the Section 106 agreement referred to above and issue the planning permission.