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Agenda and draft minutes

Venue: Council Chamber, Council Offices, Woodgreen, Witney, Oxfordshire OX28 1NB. View directions

Contact: Democratic Services 

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Items
No. Item

69.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Councillors Alistair Wray and Colin Dingwall.

Councillor Alaric Smith substituted for Councillor Alistair Wray.

Councillor Michele Mead substituted for Councillor Colin Dingwall

 

 

70.

Declarations of Interest

To receive any declarations from Members of the Committee on any items to be considered at the meeting.

Minutes:

There were no declarations of interest received.

 

71.

Minutes of Previous Meeting pdf icon PDF 84 KB

To approve the minutes of the meeting held on 5 February 2024.

Minutes:

The minutes of the meeting held on 5 February 2024 were approved and signed by the Chairman as a correct record.

Councillor Adrian Walsh proposed that the minutes of the previous meeting held on 5 February 2024 be agreed by the Sub-Committee as a true and accurate record and be signed by the Chair.

This was seconded by Councillor Andrew Prosser was put to the vote and was agreed by the Sub-Committee. There were 13 votes in favour and 1 abstention. The vote was carried.

 

The Sub-Committee Resolved to:

Agree the minutes of the previous meeting held on Monday 5 February 2024 as a true and accurate record.

72.

Applications for Development pdf icon PDF 420 KB

Purpose:

To consider applications for development, details of which are set out in the attached schedule.

Recommendation:

That the applications be determined in accordance with the recommendations of the Business Manager – Development Management.

 

Page

Application No.

Address

Planning Officer

17-32

23/02297/FUL

Land Adjoining Dunlaoghaire, Primrose Lane, Weald

Elloise Street

33-55

23/02404/FUL

Land Known as the Ashbed, Ladburn Lane, Shilton

Clare Anscombe

56-67

23/02849/FUL

Land South West of Chapel Lane, Standlake

Esther Hill

 

 

Additional documents:

73.

23/02849/FUL Land South of West Chapel Lane, Standlake.

Minutes:

Esther Hill, Planning Officer, introduced the application for the erection of a dwelling with double garage, adapted vehicular entrance point and related landscaping.

Jenny McDonald, spokesperson for Standlake Parish Council addressed the Sub-Committee in objection to the application.

Paula Gaffney and John Spencer addressed the Sub-Committee and spoke in objection to the application. The speakers provided clarification on the frequency of surrounding houses having to deal with flooding and drainage problems. 

Neil Perry, Agent for the applicant addressed the Sub-Committee in support of the application and stated the borehole within the neighbouring property was 130mm lower at the boundary than the borehole within the application site.  

 

The Planning Officer drew the Sub-Committee’s attention to the following points;

  • The application had been deferred at the January  Lowlands Planning Sub-Committee for a site visit, for additional comments to be provided by Oxfordshire County Council (OCC) Highways, the WODC Drainage Officer and for public re-consultation.
  • Safety concerns had been raised by both Members of the Sub-Committee and members of the public, regarding the access to Chapel Lane for both car users and pedestrians. After observing the use of the lane by car users, pedestrians and cycle users, OCC Highways had found the access substandard.
  • The loss of agricultural land, the single dwelling proposed, and the implementation of a Wild-Flower Meadow would not result in increased use of the lane access and therefore no objection had been raised by OCC Highways and it would therefore be unreasonable to request improvements to access as part of this application.
  • The site fell under Flood Zone 1, however a significant number of objectors had highlighted that Standlake experiences ground water flooding.
  • Two additional ground water monitoring reports had been submitted by the applicant with measurements and photos. Third party representatives had dug 3 boreholes surrounding the application site and used ground water monitoring equipment to take measurements which had been included in the objections.
  • The Planning Officer and WODC Drainage Officer had conducted a site inspection on 19th February. The Planning Officers found inconsistencies in the levels of ground water data supplied by the applicant. Officers had taken a reading from the trial pit within the application site which fell below the minimum required for water treatment. The measurement taken from the borehole within the site was above the minimum required but officers had concerns over how the levels were being measured. Since the officer site visit the applicant had advised that the OS Datum Readings for the site had been reviewed and this put the top of pipe 30mm higher than they had estimated. In turn, this raised the highest recorded ground water level by 30mm. To achieve the 300mm clearance needed the applicant had suggested increasing the dwelling and patio by 50mm. The Drainage Officer objected as the readings had not included the dates when high levels of rainfall had been experienced and were therefore concerned with the 50mm increase proposed.
  • The Planning Officers were concerned that it had not been demonstrated  ...  view the full minutes text for item 73.

74.

23/02297/FUL Land Adjoining Dunlaoghaire, Primrose Lane, Weald

Minutes:

Elloise Street, Planning Officer, introduced the application for a proposed new dwelling to replace redundant stables and store, to create a holiday let (amended plans).

 

John Duff addressed the Sub-Committee and spoke in objection to the application.

 

The Democratic Services Officer read out a statement from the applicants Sam and Adrian Smart.

 

The Planning Officer drew the Sub-Committee’s attention to the following points;

  • The application had come before the Sub-Committee due to Bampton Parish Council objecting to the scheme and due to the site visit.
  • The application was being considered under the West Oxfordshire Local Plan policy, E4 Sustainable tourism. The current stables on the site had been considered not worthy of retention
  • The proposed development was of a high-quality design and the footprint did not exceed the current concrete site footprint. The Planning Officer confirmed that there had been a structure on the site when reviewing the map from 1899 and it could be inferred that there was a dwelling house with a range.
  • The proposed accommodation would be on a site where residential development would not normally be permitted therefore a condition had been included to ensure holiday tenancies were not to exceed 8 weeks, with a relevant noise condition too.
  • The Planning Officer clarified that even though the applicants flood risk assessment considered the site to fall under Flood Zone 1, the Environmental Agency mapping data stated the site was within Flood Zone 2 (FZ2) and as a result was to be considered in FZ2. A condition had been included to cover provision for surface water drainage and to ensure flooding would not be exacerbated in the locality.
  • The Conservation Officer did not submit any objections and it was felt that the holiday let would have a positive influence on the surrounding area.
  • There were no additional representations submitted. The Planning Officer recommended approval of the application.

The Chair then invited the Sub-Committee to discuss the application, which raised the following points:

  • Councillor Alaric Smith declared an interest due to receiving representations from both sides.
  • The Sub-Committee asked for clarification regarding the matter of residential properties not being permitted however a holiday let would be acceptable. The Planning Officer explained that the application was being considered under West Oxfordshire Local Plan policy E4 and not under a new dwellings policy H2. Therefore, conditions had been applied to the report to prevent permanent residential use.
  • The Sub-Committee asked how the condition of holiday tenancies beyond 8 weeks would be monitored. Would the applicants send information automatically on length of stays by holiday tenants? The Planning Officer confirmed that 8 weeks was the standard period of time for a holiday let. The holiday let condition would cover the use of the property, if there was a report of a permanent resident the Enforcement Officer would ask for a record of those who had stayed at the property.
  • The Sub-Committee asked that a condition be included for Permitted Development Rights to prevent the property being extended as the site is  ...  view the full minutes text for item 74.

75.

23/02404/FUL Land Known as the Ashbed, Ladburn Lane, Shilton

Minutes:

Clare Anscombe, Senior Planning Officer, introduced the application for the erection of 3 detached dwellings and cart-lodge style garages, the formation of a vehicle access, and associated works (amended plans).

Sarah Colson, the applicant addressed the Sub-Committee and clarified the following points regarding the need for chimneys when the application stated air sourced heat pumps were to be installed. The chimneys were for aesthetics of the design. The felling of Ash trees had been the result of Ash Die Back on advice of the Forestry Commission in 2018 and 2023. There had been a 176% increase in the replanting of trees and shrubs.

The Planning Officer drew the Sub-Committee’s attention to the following points;

  • The application had to be considered under the West Oxfordshire Local Plan and the Shilton Neighbourhood Plan.
  • The application was contrary to policies T1 and T3 for sustainable transport. There would be a heavy reliance on the private motor car as the bus stop on the B4020 is not safely accessible and lies on an unpaved section of road. There are limited facilities within close proximity of the site including no pharmacy, shop or school.  
  • The increase in development to the site would result in harm to the village by adding to the soft edge of the village and the erosion of the rural setting. There would be a loss of woodland and woodland habitats resulting in a detrimental impact on conservation within the area.
  • The compensatory planting of trees and shrubs was at a different site and of no benefit to the development area.
  • There were no objections from OCC Highways, Thames Water however the Ecology and Drainage Officers had both asked for conditions to be included.

 

The Chair then invited the Sub-Committee to discuss the application, which raised the following points:

  • The Sub-Committee asked about the definition of self-build housing. Abby Fettes confirmed that the definition of self-build housing had recently changed and that the dwellings were considered to be self-builds.
  • The Sub-Committee raised concerns regarding the conservation and protection of woodland areas, the impact on the edge of the village, and the re-planting of shrubs and trees.
  • The Sub-Committee raised concerns about the possible extension to the village of Shilton and how this would impact the village itself. There was concern about the lack of amenities.

Councillor Nick Leverton proposed that the application be refused in line with Officer’s recommendations.

This was seconded by Councillor Dan Levy , was put to the vote. There were 11 votes in for the proposal, no votes against the proposal and 2 abstentions. The Vote was carried.

 

The Sub-Committee Resolved to:

  1. Refuse the application in line with the Officer’s recommendations.

 

76.

Applications Determined under Delegated Powers pdf icon PDF 157 KB

Purpose:

To inform the Sub-Committee of applications determined under delegated powers.

Recommendation:

That the reports be noted.

 

Minutes:

The report giving details of applications determined under delegated powers was received and noted.

Page 70; Item 3; 23/01778/FUL North Leigh.

Councillor Harry St John raised a query relating change of use of car park to serve Eynsham Hall, and whether this was a permanent change. Elloise Street, Planning Officer, confirmed that the use was until April 2024 and a temporary arrangement to assist with building works.

Page 74; Item 26; 23/02971/FUL Carterton South.

Councillor Michele Mead, confirmed that the hedgerow had been removed from this site.

Page 77; Item 45; 23/03182/HHD Alvescot and Filkins.

Councillor Dan Levy raised the point of being mindful when allowing permitted development that developments are not increased in size.

Page 81; Item 70; 23/03354/S73 Witney West.

Councillor Andrew Prosser asked for clarification on removal of condition 1 and variation of condition 4 and why the application had not come back to the Sub-Committee. The Development Manager advised that the answer would be sought from the Case Officer. 

 

77.

Appeal Decisions

Purpose:

To inform the Sub-Committee of Appeal Decisions.

Recommendations:

No report to note.

Minutes:

There was no Appeals report to note.