Agenda item
Land South of Forest Road, Charlbury 23/03071/FUL
Minutes:
Mike Cassidy, Principal Planner presented the application for the erection of thirty seven dwellings including access road, landscaping and associated earthworks. The principal planner brought the Sub-Committee’s attention the following with reference to the Additional Representations report and verbally:
· The wording on the first line of paragraph 5.145 on page 50 of the report should be amended to read “The proposal has a minimal impact upon the ancient woodland”.
· The deletion of condition 18 relating to details of a proposed external lighting scheme as this is duplicated in condition 25. Condition 25 was more detailed and robust concerning lighting.
· An additional condition 27 was added at the request of the Parish Council removing permitted development rights of housing plots 26-37 which would adjoin the Ancient Woodlands. This condition would control any building between the house and the ancient woodlands to control the erection of any buildings, including sheds, structures and hard standing in the rear gardens within the 15-metre buffer zone proposed.
The Principal Planner’s presentation addressed the following points:
· The site was to the west of the village of Charlbury on the south of Forest Road (B4437) and adjoined the enclave of the development to the rear of the railway station, a Grade II listed building.
· The Site bordered Rushy Bank Ancient Woodland and was within both the Cotswolds National Landscape and the Charlbury Conservation Area which lies on the eastern side of the railway line.
· The Principal Planner gave a summary of the planning history for the site which went back to 2020. This included the details of the Judicial Review of Hearing which was held on 30 March 2023 as covered in 5.7 in the report. The discharge of condition application was referred back to the Council for determination and remained outstanding.
· The application included a proposed mixed dwellings including self builds, affordable housing, including flats, 7 assisted living bungalows and a space for a local play area. There would also be 66 parking spaces and 12 garages.
· Improvements to footpaths and drainage areas and retention of trees on the site. The road would be accessed from Forest Road and there would be a curved road into the site.
· The site design was in keeping with the character of the area with a 5 metre ecology buffer zone next to the ancient woodland.
James Whitehead and James Clements spoke in objection to the application and raised the following points: the application was part retrospective, and unlawful work had been commenced, the application went against the Neighbourhood Plan policies, the development would result in major development on the edge of Charlbury and would fail to protect ancient woodland.
Laura Bisby from Harper Crew Ltd spoke in support of the application and raised the following points: thanked the officers for their report, explained that the housing would provide affordable housing for local residents, and assisted living for those with various care needs. Improvements to footpaths to access the town and included biodiversity net gains.
The Principal Planner continued with his presentation which addressed the following points:
· Gave an overview of the planning history in response to the speakers. The applicant had improved the scheme by including the 5 metre and 15 metre buffer zones in accordance with the guidance given.
· There was no objection from Natural England to the scheme. The heights of the proposed housing had been reduced and the impact on ancient woodland reduced.
· The benefits of the application were much needed housing with 57% affordable housing provision including assisted living.
· There would be improvements to the footpaths with an increase to 1.2 metres on each side of the road. A new extended woodland area is proposed in the northern part of the site.
· Employment benefits through additional spending in the local economy and jobs created through construction and local investment during construction, as well as longer term expenditure in the local economy.
· The application was recommended for approval in accordance with planning policy and applying the planning balance, as directed by paragraph 11 of the NPPF, the adverse impacts of the scheme did not significantly and demonstrably outweigh the benefits.
The Chair then invited the Sub-Committee to discuss the application, which raised the following points:
· Sub-Committee asked for sight of report from Environment Health (page 16), comments from Tree Officer (page 17) and Archaeological Officer (page 41). Clarification on the contributions towards dual tracking on the railway.
· Members raised concerns about the protection of the site due to its location in the Cotswold National Landscape and Charlbury Conservation Area as well as the Ancient Woodlands.
· Members raised concerns about conflicting information within the report. The Principal Planner drew members attention to the Additional Representations report. He also clarified that all supporting documents and reports, including those requested, had been received and were available to view online.
· Members raised concerns about the buffer zone with the ancient woodland and the adequate protection of it due to gardens being included in the buffer zone rather than outside it.
· Members raised concerns that the development was the size of a ‘major development’ and sought clarification as to whether it was being considered as such.
· Members acknowledged the benefits of the scheme but requested clarification on legal matters concerning the High Court Judgements and what permissions remain including any timeline lines.
· James Felton, Solicitor for West Oxfordshire District Council introduced himself and clarified the history of the application, the High Court Judgements and what permissions remained for the application, however he could not clarify whether the permission was within a valid timeframe to proceed.
Councillor Beaney proposed the application be deferred to:
1. seek advice/clarification as to what permissions are extent on the site; what
weight should be given to previous permissions granted on the site if no longer extant; and what effect(s) have the various judicial reviews relating to the previous permissions granted on the decision-making process.
2. To obtain comment from the Council’s Tree Officer on the proposals.
3. To obtain additional information from the applicant:
· A noise report measuring the impact of noise from the railway line on the proposed dwellings, along with any remediation required as requested by the Council’s Environmental Health Noise Officer.
· A desk study to assess the nature and extent of any contamination as requested by the Council’s Environmental Health Contamination Officer.
4. To provide further information on the following points raised in the discussion:
· Whether the proposal is considered to be a ‘major development’.
· Further analysis of the impact of the proposal on the adjoining Ancient Woodland and what needs to be done to protect it.
· A response to the concern raised by the Charlbury Conservation Area Advisory Committee relating to undue light spillage from the development contrary to policy NE4 on tranquillity and dark skies in the Charlbury Neighbourhood Plan.
· A more robust response to the objections raised in relation to inappropriate design and harmful impact on the character and appearance of the Charlbury Conservation Area.
This proposal to defer was seconded by the Chair and put to the vote.
Voting Record – 6 for the proposal, 1 against and 0 abstentions.
The Sub-Committee Resolved to:
Defer the application to:
1. seek advice/clarification as to what permissions are extent on the site; what
weight should be given to previous permissions granted on the site if no longer extant; and what effect(s) have the various judicial reviews relating to the previous permissions granted on the decision-making process.
2. To obtain comment from the Council’s Tree Officer on the proposals.
3. To obtain additional information from the applicant:
· A noise report measuring the impact of noise from the railway line on the proposed dwellings, along with any remediation required as requested by the Council’s Environmental Health Noise Officer.
· A desk study to assess the nature and extent of any contamination as requested by the Council’s Environmental Health Contamination Officer.
4. To provide further information on the following points raised in the discussion:
· Whether the proposal is considered to be a ‘major development’.
· Further analysis of the impact of the proposal on the adjoining Ancient Woodland and what needs to be done to protect it.
· A response to the concern raised by the Charlbury Conservation Area Advisory Committee relating to undue light spillage from the development contrary to policy NE4 on tranquillity and dark skies in the Charlbury Neighbourhood Plan.
· A more robust response to the objections raised in relation to inappropriate design and harmful impact on the character and appearance of the Charlbury Conservation Area.