Planning Committee

Appeals Progress Report

22 March 2012

Report of Head of Public Protection and Development Management

PURPOSE OF REPORT

This report aims to keep members informed upon applications which have been determined by the Council, where new appeals have been lodged. Public Inquiries/hearings scheduled or appeal results achieved.

This report is public

Recommendations

The Planning Committee is recommended to:

(1) Accept the position statement.

Details

New Appeals

1.1 11/01391/F – Land at Bury Court Farm, North of Hanwell, Warwick Road, Banbury – appeal by Regeneco Ltd against the refusal of planning permission for the erection of a temporary wind monitoring mast – Written Reps

1.2 11/01565/F – 60 Queensway Banbury – appeal by Mr Eddy Davis against the refusal of planning permission for a proposed two storey side extension – Householder Written Reps

1.3 11/01403/CLUE – Arncott Racetrack, Murcott Road, Upper Arncott - appeal by Schyde Investment ltd against the refusal of an application for a Lawful Development Certificate for an existing use of the land as a motor-cross practise/race track- Inquiry

1.4 11/01272/F – 42 The Paddocks, Yarnton - appeal by Ms A Williams against the refusal of planning permission for the erection of a timber fence and gates ( retrospective)- Householder Written Reps

1.5 11/01841/F- 162 Barry Avenue Bicester – appeal by Stewart Robinson against the refusal of planning permission to raise the front of house up by one level removing dormer window and replacing with a hip front roof- Householder Written reps

1.6 11/01049/F – Land to the rear of Far Close, Crossing Lane Claydon – appeal by Mr N Gardner against the refusal of planning permission for the erection of 3 no. chalet bungalows and garages and upgrading existing access to Crossing Lane – Written Reps

1.7 11/01682/F – Field Farm, Bainton Crossroads, Stoke Lyne - appeal by Mr Gordon Jones against the refusal of planning permission for the use of the land for the temporary stationing of a mobile home for an essential worker, associated decking and ancillary outbuilding ( part retrospective) - Hearing

1.8 12/00013/EUNDEV – Land at Field Farm, Bainton Crossroads, Stoke Lyne – appeal by Mr Gordon Jones against the service of an enforcement notice alleging a breach of planning control – Without planning permission, the change of use of the land to a mixed use of agriculture and residential use by the siting and residential occupation of a mobile home and erection of associated decking - Hearing

1.9 11/00042/EUNDEV- 14 Woodstock Road East, Begbroke - appeal by Mr M Bott against the service of an enforcement notice alleging a breach of planning control – Without planning permission, a wooden building has been constructed in the rear garden of the property- Written Reps

1.10 12/00020/ECOU- Bishops End, Burdrop, Banbury – appeal by Mr Geoffrey Richard Noquet against the service of an enforcement notice alleging a breach of planning control – Without planning permission, the material change of use of the land from a public house (use Class A4) to a residential dwelling house (Use Class C3)- Inquiry

Forthcoming Public Inquiries and Hearings between 22 March 2012 and 19 April 2012

2.1 Inquiry commencing at 10.00am on Tuesday 17 April 2012 at the Council Chamber, Bodicote House, White Post Road, Bodicote to consider the appeal by Berkeley Homes (Oxford & Chiltern) Ltd against the non – determination of application 11/01409/OUT for the erection of 65 dwellings and associated access, open space and landscape works and provision of a sports pitch with changing facilities and car park at OS Parcel 4100 adjoining and South of Milton Road Adderbury

Results

Inspectors appointed by the Secretary of State have:

3.1 Dismissed the appeals by J A Pye (Oxford) Land Ltd against the refusal of applications 11/00234/OUT for the erection of 2 dwellings (Appeal A) and application 11/00812/OUT for the erection of 1 dwelling (Appeal B) at land off Webbs Way Kidlington (Delegated) – In the Inspector’s view, the erection of 2 dwellings as proposed in Appeal A would not preserve or enhance the character or appearance of the Conservation Area. With regard to Appeal B, the Inspector did not accept that a single dwelling would be detrimental to the Conservation Area. Both schemes involve similar access arrangements linking the new development with Webbs Way across land within the Oxford Green Belt. The Inspector considered that it was inevitable that a road in this location, however discreet, would have a visual impact on the landscape and encroach upon countryside in a sensitive location on the edge of the settlement. Both schemes would be contrary to the provisions of national guidance and policy GB1 of the Cherwell Local Plan. The schemes had also given rise to concerns regarding overlooking and loss of privacy. In view of the potential separation distances between the proposed and existing dwellings, the Inspector agreed with the Council that this did not warrant a further reason for refusal of planning permission.

Implications

Financial: The cost of defending appeals can normally be met from within existing budgets. Where this is not possible a separate report is made to the Executive to consider the need for a supplementary estimate. Comments checked by Karen Muir, Corporate System Accountant 01295 221559

Legal: There are no additional legal implications arising for the Council from accepting this recommendation as this is a monitoring report. Comments checked by Nigel Bell, Team Leader- Planning and Litigation 01295 221687 Risk Management: This is a monitoring report where no additional action is proposed. As such there are no risks arising from accepting the recommendation. Comments checked by Nigel Bell, Team Leader- Planning and Litigation 01295 221687

Wards Affected

All

Document Information

Appendix No Title - None Background Papers All papers attached to the planning applications files referred to in this report Report Author Bob Duxbury, Development Control Team Leader Contact 01295 221821 Information [email protected]