The Cabinet will, at its meeting on 19 October 2022, consider a report on the Botley Road Retail Park Development Brief.  Cllr Alex Hollingsworth, Cabinet Member for Planning and Housing Delivery, Arome Agamah, Senior Planner, and Amanda Ford, Team Leader Planning Policy, have been invited to present the report and to answer questions. 

The Committee is asked to consider the report and to agree any recommendations it wishes to make to Cabinet.

The Chair of the Scrutiny Committee drew the Committee’s attention to an emailed submission of representation from a resident, sent via Cllr Susanna Pressel.  The email set out concerns about access and movement; sharing services; hours of operation; numbers; flooding; design.  The document was circulated to all members of the Committee prior to the meeting, with hard copies available at the meeting and summarised for the Committee by the Chair.

Cllr Alex Hollingsworth, Cabinet Member for Planning and Housing Delivery introduced the report which sought Cabinet approval for the Botley Road Retail Park Development Brief which outlined the modification of Use Classes Order as per the Town and Country Planning (Use Classes) (Amendment) Regulations 2020.  He emphasised that the report before the Committee was not a scheme, but a Development Brief which did not seek to change planning policy, but rather set out the impact of existing planning policy given the change in circumstance.  He further advised that the substantial majority of the site was in the functional flood plain, which under national planning policy meant that it could not be used for residential development.

Arome Agamah, Senior Planner advised the Committee that the development brief provided guidance for landowners intending to bring forward development schemes on the site.  It also provided guidance and transparency to the public and any other interest parties.  It was not a statutory document and therefore not subject to consultation, however was covered as an area under consideration in the Local Plan 2040 currently under consultation.

Cllr Hunt joined the meeting.

During discussions, the Committee noted the following:

·         The Development Brief did not change planning policy and was therefore not subject to formal consultation.  It would form a technical advice note, which would be brought to Cabinet for adoption due to the large area that would be affected.

·         The Development Brief provided guidance, useful as an area of focus for an evidence base for the site allocation for the Local Plan 2040 consultation.

·         The Development Brief did not propose a scheme or master plan, and would not incorporate no parking/low parking schemes, which would be addressed through the Local Plan 2040 consultation.

·         The Development Brief outlined opportunities for improved transport routes on the proposed site which would aid planning application decisions.

·         The Environmental Agency had advised that the flood alleviation scheme was designed to protect existing settlements and would not be considered to reduce the flood risk level of an area of development.

·         The island of land within the allocated site would be subject to consultation with the Environmental Agency to determine safe egress for any future residential development.  In contrast, the residential development allowed at the Osney Mead site was deemed safe by the Environmental Agency.

·         Whilst the Oxford Flood Alleviation Scheme were able to change flood zone risk areas, the Development Brief set out existing policy to aid planning applications determined through the Local 2036 Plan currently in place.  This would be subject to change by The Environment Agency, and the Committee and Officers were in agreement that the wording within the document should better clarify that position.

·         Existing policy determined how areas of development border green spaces, therefore building heights would be subject to existing policy.

·         Landscaping would be intended in place of the existing impermeable car parking currently in place.

·         Individual planning applications that take into account flood alleviation solutions could be considered under current planning policy, and had been successfully accomplished in other areas.

·         The outline shown within the Development Brief would be amended prior to presentation to Cabinet to remove the section of car park accessible from Earl Street as it was not relevant for the purpose of the document.

·         Clarification would be provided on the cover of the Development Brief to ensure it is clear that the document’s purpose was to form a technical advice note.

The Committee resolved to make the following recommendations to Cabinet:

1.    That the Council should consider how to make clear where the deeming of unsuitability for residential provision has come from and should add text clarifying what bearing the actual effects of OFAS may have on future suitability for residential use.

2.    That the Council should consider how to make clear that the Earl Street car park is not included within the boundary of the site.