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, 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.

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 reminded the Committee that the application had been considered on 29 January 2020, who resolved to defer the decision for officers to investigate and report back. The Committee received a copy of the original report as an appendix to the report under consideration.

The Committee was advised of the requirement for a Deed of Variation to the S106 Legal Agreement. The original S106 agreement required the owner to provide 0.58 hectares of public open space (POS) to the council (together with a Public Open Space Commuted Sum). The council’s infrastructure team had identified a problem with the initial land offer, as it included drainage elements which the Council’s property team was not willing to accept. Alternative POS land had therefore been identified, but due to the estate layout, the alternative offer only amounted to 0.549 hectares, slightly below the 0.58 hectares required in the agreement. The planning considerations of this were dealt with in the report, but the Committee was advised that if the shortfall was accepted, the S106 would require a variation under S.106A of the Town and Country Planning Act 1990, which would be processed independently of the planning application.

The planning officer reported that land immediately adjacent to properties in Seacourt Road was outside the application’s boundary and was owned by a third party. The developer had undertaken not to transfer the site to the residents until planning permission had been obtained and that the lead of the residents association would be present at the handover event. The developer cited the hot weather as contributing to the dryness of the site and limiting growth and success in tree survival. There remains the intention to have planting in the swales and seeding and herbicide spraying and watering would take place. The aim was to complete all remedial works by September 2020 and this would be monitored by Council officers

In respect of roads subsidence, the planning officer reported that there were four specific problem areas and that a meeting would be held with the contractor on Monday 8 June 2020 to finalise a programme of works, and notification of such works would be shared with residents. It was reported that updated surface water drainage plans had been submitted for consideration in the application. The drainage scheme complied with CP42 and could be approved, but at present required gritting of porous areas.

The planning officer outlined changes to the spine road on the development. Bollards were now in place in Tilbury Lane and Hope Way. Changes to parking areas around play areas and footpaths were also described. Plan were displayed depicting the situation regarding progress in tree planting across the site. There were several trees missing and additional tree planting in public open space to the north of the site intended to compensate the deficiency. It was also intended that additional trees would be planted to the north east.

The planning officer concluded by stating that overall, the hard and soft landscaping changes presently being executed and proposed were acceptable as an alternative to the previous scheme and did not harmfully diminish  the development’s appearance. The additional tree planting was to be particularly welcomed and  remedial work was continuing, and the changes proposed could be secured by condition if necessary. 

Councillor Judy Roberts, a local ward member, spoke in support of the application. She highlighted the problems encountered historically with respect to roads, landscaping and planting and was gratified that these were being solved through discussion between the parties concerned.  However, it would be a challenge to ensure that the developers fully adhered to a planting timetable and it was hoped that the proposed measures would ensure this.

Councillor Debby Hallett, a local ward member, spoke in support of the application. She recalled the promises to residents of a pleasant green neighbourhood, and with the remedial works, it seemed that the development was now coming to a satisfactory conclusion.

The Committee asked the planning officer if further conditions were required to ensure a successful completion of the remedial works, with maintenance, over a five-year timeframe. The committee also asked about assurance of the completion of the highways works. The planning officer replied that the suggested condition ‘Landscaping implementation within the next planting season’, would adequately cover the situation regarding landscaping, but highway works would be overseen by the County Council.

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

RESOLVED: to grant planning permission for application P19/V0023/FUL subject to the following conditions:

1.  Approved plans

2.  Landscaping implementation within next planting season

3.  Re-gritting of porous paving areas within 12 months