Present: Councillor Ilott (Vice-Chairman and Chairman of the Meeting)

Minutes of a meeting of the Planning Committee held on Wednesday, 4 March 2009 at 6.30pm in the Town Hall, Banbury.

Present: Councillor Ilott (Vice-Chairman and Chairman of the Meeting) Councillors: Cullip, Harrison, Khaliq and Parish.

Officers: Anne Greenway (Deputy Town Clerk) Alison Aydin (Administrative Officer)

PL.104/08 Apologies Councillors: Ahmed, Gregory, Milne Home and Wren.

PL.105/08 Declarations of Interest Councillor Parish declared that as a frequent alternate Member of the Planning Committee of Cherwell District Council, any views expressed at the meeting would be based on the information currently available and that his final decisions, which in the light of further information, might differ from previous views, would be made at the Local Planning Authority Meeting. This declaration was repeated by Councillor Cullip.

Councillor Parish declared a personal and prejudicial interest in Agenda item 10b (Minute PL114/08) as the proposal for a Disabled Person’s Parking Place was for one of his neighbours, and withdrew from the meeting during consideration of that item.

PL.106/08 Minutes IT WAS RESOLVED that the Minutes of the meeting held on 4 February 2009 be approved as a correct record and signed by the Chairman.

PL.107/08 Planning Applications Considered The Committee considered various planning applications that had been referred to the Town Council for consideration by Cherwell District Council and were matters that had been delegated to the Planning Committee or where a Ward Member had referred a delegated application.

IT WAS RESOLVED that the comments, as set out in Appendix 1, be forwarded to the Local Planning Authority.

PL.108/08 Planning Applications Delegated to the Town Clerk The Town Clerk had submitted a schedule containing details of planning applications which had been delegated to him in consultation with the Chairman, setting out the observations that had been forwarded to Cherwell District Council.

IT WAS RESOLVED that the report be noted.

PL.109/08 Planning Appeals A) Appeal by Lionsgate Properties regarding application 07/02584/F for the redevelopment of site for retail use on ground floor with 14 residential units on 3 upper floors together with car and cycle parking area to rear at 56-60 Calthorpe Street. Members were advised that an appeal had been lodged following the refusal of planning permission by the Local Planning Authority. The application was refused as the proposed development would appear over dominant, incongruous and out of keeping with the character and scale of neighbouring buildings and wider street scene. It would also not preserve or respect the setting of the adjacent Conservation Area, including views of St Mary’s Church, contrary to government policies PPS1, PPS3, PPG15; Policies G2 and EN4 of Oxfordshire Structure Plan (OSP); Policies C28, C30 and C34 of the Local Plan and EN40, D3 and D6 of the Non Statutory Local Plan (NSLP). Due to its scale and design it would not preserve the setting of the adjacent Grade II listed building. PPG15, EN4 of OSP, EN39 and EN44 of NSLP. Also, the absence of a S106 Agreement was considered unacceptable as the development failed to secure necessary financial contributions to improvement of and range of facilities including play facilities etc.

The Town Council had previously objected to this application on the grounds that it was out of keeping with No 55, a Listed Building, and therefore contrary to Policy C28. The Town Council had not received notification of the Appeal, which was to be decided at a hearing on Tuesday, 10 March at Bodicote House. However, the Officer at the District Council had suggested that the Town Council could either write to them, as the Planning Authority, to support the refusal or attend and make representations at the hearing.

Members noted that this application was out of keeping with this area, and that had they received notification of the Appeal they would have written in support of the Local Planning Authority.

IT WAS RESOLVED that the Deputy Town Clerk write to the Planning Authority in support of their refusal of this application.

B) Appeal by St James Leisure Clubs Ltd (Mr J Michael) regarding application 08/01275/F for the change of use of part of first floor area from A3 (restaurant) to night club at 47 Broad Street. Members had previously been advised of this appeal and submitted further comments in support of the refusal of planning permission by the Local Planning Authority (Minute PL.61/08 refers). The Appeal would be determined at a Hearing to be held on Tuesday, 17 March at Bodicote House, and a representative of the Town Council may attend.

IT WAS RESOLVED to note the report.

C) Appeal by Mr T Beckett regarding application 08/02436/LB for the extension/conversion of existing house for 4 one bedroom flats and associated works at 8 Calthorpe Road. The Appeal followed the refusal of planning permission by the Local Planning Authority on the grounds that, due to the layout and number of flats and the up dating and improvements to the existing fabric, it would be detrimental to the Listed Building and its historical and architectural significance; and therefore contrary to Policy EN4 of OSP, Policies C18 and C23 of Local Plan and EN39, EN40 and EN42 of the NSLP. The Appeal would be decided by an exchange of written statements and a site visit by an Inspector. The Town Council previously objected to the proposal, as the proposed alterations were neither minor nor sympathetic and contrary to policies C18 and C23.

IT WAS RESOLVED that the Deputy Town Clerk write to the Inspector in support of the Local Planning Authority.

PL.110/08 Oxfordshire County Council - Temporary Footpath Closures A) Temporary Carriageway Closure – Bankside, from Coppice Close to High Acres In order to facilitate carriageway patching works it was necessary to close the above stretch of Bankside on Tuesday, 10 and Wednesday, 11 March. Access would not be available through the works for emergency service vehicles. Limited access might be available for residents subject to the progress of the works. However the Bankside/Coppice Close and Bankside/High Acres junctions would remain open. Traffic would be diverted along the A4260 and Hightown Road.

B) Temporary Cycle Route Closure – Longlandes/Hanwell Fields – Cycle Route Number 4 – Mineral Railway Route In the interests of public safety it was necessary to close two short sections of the Mineral Railway Route in order to facilitate cycle route surface repair works. The Closure would operate from Monday, 16 March and the estimated duration of the works was five days.

PL.111/08 Cherwell District Council – Consent for Tables and Chairs An application has been made by Yummy Licious, K7 Castle Quay to site 2 tables and 6 chairs immediately in front of these premises.

IT WAS RESOLVED that the Committee had no objections to site 2 tables and 6 chairs in front of Yummy Licious, unit K7 Castle Quay.

PL.112/08 Bus Shelters Members considered a report on the condition of bus shelters in the town, both those owned by the town and those managed by Clear Channel (formerly Adshel). The report, prepared by the Administrative Officer responsible for Bus Shelters also outlined progress made on recent requests for bus shelters. Members noted that in the near future, two shelters would be installed in South Bar to serve the new Doctor’s surgery, which had been funded by the County Council. Two further shelters on Bloxham Road and Withycombe Drive were being progressed.

The Chairman thanked the Administrative Officer for attending the Meeting and answering Members’ questions. PL.113/08 Oxfordshire County Council – Disabled Persons Parking Place The following requests had been received for DPPP’s:

A) Bloxham Road: OCC’s Inspector had carried out a site visit and had identified the potential location as, north-west side in the lay-by, from the common property boundary between Nos 14 & 16, south-westwards for a distance of 13.2 metres. Two DPPPs outside 16 & 18 Bloxham Road.

Councillor Parish left the meeting.

B) Edinburgh Way: OCC’s Inspector had carried out a site visit and had identified the potential location as, north-west side; from the common property boundary between nos 101 &103, southwards for a distance of 6.6 metres, outside 101 Edinburgh Way.

IT WAS RESOLVED that the Committee had no objections to the installation of DPPP’s at the above locations.

The meeting ended at 7.02pm. APPENDIX 1 Planning Applications considered by the Planning Committee

Application Applicant Location Proposal Number 09/00209/F Mr Timothy Beckett 16A Dexter Close 2 one bedroom flats adjoining 16A Dexter Close

09/00029/TCA Mr Geoffrey Jones 57 Oxford Road Fell 1 Cypress and 4 Leylandii

09/00154/F Bridge Wharf Bridge Wharf, Lower Continued use of site for car sales, Cherwell Street children's play facility and children's nursery

08/02207/F Dr K Scissins Part of Ground Floor Change of use of 3 no. ground floor 38 South Bar Street, rooms from office (B1) to clinic for Banbury use by Chiropractor (D1) Oxfordshire

09/00048/F Mr Timothy Beckett 2 Grimsbury Drive One bedroom dwelling adjoining No 2 Grimsbury Drive (with additional plans and amended ground floor plan received 16/02/09)