Agenda item

Retrospective application to regularise public realm works in connection with applications P07/V0741/O and P13/V0817/RM, including changes to approved roads and footpaths, parking areas, hard and soft landscaping, boundaries, recycling storage facilities, vehicle access prevention to Tilbury Lane, and surface water drainage.  (As amended by plans and information received 19 June 2019 and 5 August 2019).

The committee considered application P19/V0023/FUL for a retrospective application to regularise public realm works in connection with applications P07/V0741/O and P13/V0817/RM, including changes to approved roads and footpaths, parking areas, hard and soft landscaping, boundaries, recycling storage facilities, vehicle access prevention to Tilbury Lane, and surface water drainage (as amended by plans and information received 19 June 2019 and 5 August 2019) at Tilbury Fields, off Bushy Close, Botley, OX2 9SH.

Consultations, representations, policy and guidance, and the site’s planning history were detailed in the officer’s report, which formed part of the agenda pack for the meeting.

The planning officer reported that Councillor Debby Hallett, a local ward councillor, had called in this application. The committee was asked to consider the application to regularise public realm works within the site which differed from the approved scheme. The proposals had received outline planning permission in 2012, with Reserved Matters approval in 2013. Following commencement of work on the site, there had been numerous enforcement investigations relating to non-compliance, and it was clear that the scheme could no longer be fully implemented. The enforcement team had been in discussion with the applicant, who had submitted the application to resolve the outstanding enforcement matters.

The planning officer advised the committee that Cumnor Parish Council had published the draft policies for their Neighbourhood Plan.  This was an updated position to that set out on page 20 of the agenda.  The planning officer explained that given this was still at an early stage in the process the daft policies could only be given limited weight.  A diagram was displayed illustrating this and all members of the committee received a copy of this in advance of the meeting.  The planning officer confirmed that the status of the Neighbourhood Plan policies would not change their recommendation.  

With the assistance of a slideshow presentation, the planning officer summarised changes to the site since January 2019. The spine road had had a change in surface, providing improved drainage and landscaping. The Oxfordshire County Council (OCC) and the council’s flood engineers were satisfied that the scheme was working satisfactorily. It was noted that OCC had been discussing the condition of the roads with the developer.

It was reported that a larger bin store had been installed for apartment block C. Bollards had been installed in Hope Way and the emergency bollards alongside Tilbury Lane were in place. Bollards were made of wood, not metal, as originally intended. There was a revised drainage system, as an alternative to that which had been previously agreed.

In respect of landscaping, it was reported that the boundary treatment had changed. In some areas there were close boarded fences, as opposed to brick walls. Changes to hard and soft landscaping and the car parking around the area of play and an adjacent footpath all required regularisation. In the main square four trees had been planted and a bench installed. Road marking, to delineate parking spaces and the road route had been completed, along with traffic calming. Traffic calming had also been completed to the north east of the square.

Residents and local councillors had expressed concerns to planning officers regarding the absence of trees which were to be planted as part of the permission. The planning officer had plotted the sites of ‘lost’ trees, many of which would be in private gardens and outside the control of the developer. He reported that trees awaiting planting could be enforced through planning conditions and that the council’s landscaping officer had gone to great efforts to identify tree planting sites within land in the control of the developer.

The committee was concerned at residents being left to pay for remedies, whilst the developer would be seemingly immune. The planning officer reported that with an appropriate condition, enforcement officers would be monitoring the site and require remedial works, including tree planting, over three months.

Jennifer Makkreel, a local resident, spoke objecting to the application.

Graham Fairclough, Chairman of the Tilbury Fields Tenants’ and Residents’ Association, spoke to the application.

Debby Hallett, a local ward councillor, spoke objecting to the application.

Jenny Roberts, a local ward councillor, spoke objecting to the application.

The Development Manager (Vale) advised the committee that in view of the many shortfalls requiring rectification on site, deferral was an option.  She summarised several issues which required resolution, including bond payments, drainage debris and tree replacement.

A motion moved and seconded, to defer planning permission was declared carried on being put to the vote.

RESOLVED: to defer consideration of application P19/V0023/FUL to permit the

the Development Manager (Vale) to investigate and report back to the committee on the following issues;

·         Exploration of the feasibility of a possible bond payment.

·         Review of drainage system; check for debris in the SUDs.

·         Investigate opportunity of further tree planting across the site and review of planting that has failed.

·         Confirmation whether there has been a breach of the S106 agreement and report what action can be taken in relation to this.

·         Clarify financial implications of any road failure, future maintenance and management and who would be liable.

·         Clarify whether any further works are required in relation to road repairs, given previous construction problems.

·         Ascertain potential liability and legal obligations placed upon the management company/residents’ association following any transfer of land.