Variation of condition 1 (Approved Plans) in application P20/V0390/RM. (As amended & amplified by information received 29 June 2022, February 2023 and March 2023).
Reserved Matters application for appearance, landscaping, layout and scale for the erection of 240 dwellings, internal access arrangements, formation of public open space and ancillary infrastructure pursuant to outline planning permission ref. P17/V1894/O
Councillors Diana Lugova, Mike Pighills and Max Thompson each declared non-registerable interests in this item as they were local ward members. They all stood down from the committee during the consideration of this application and did not participate in the debate or vote.
The committee considered planning application P22/V1422/FUL for the variation of condition 1 (Approved Plans) in application P20/V0390/RM. (As amended & amplified by information received 29 June 2022, February 2023 and March 2023). Reserved Matters application for appearance, landscaping, layout and scale for the erection of 240 dwellings, internal access arrangements, formation of public open space and ancillary infrastructure pursuant to outline planning permission ref. P17/V1894/O at land to the north west of Radley.
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 introduced the report and highlighted that the application was brought to the committee due to the objection of Radley Parish Council. She then informed the committee there was an update since the report had been written. In response to the statement which had been submitted by a resident concerning a drainage related issue, the issue raised had been discussed with the applicant and drainage engineers and officers recommended that an additional condition should be included should planning permission be granted. The drainage engineer was in attendance to answer any questions the committee had.
The planning officer informed the committee that the site benefited from approved outline and reserved matters consent for 240 dwellings. The first phase of the development had been built out and was mostly occupied and phase two of the site was under construction. She informed the committee that the application sought to amend the layout of the site to allow for effective drainage attenuation, minor changes to the location of proposed trees and lampposts following discussion with Oxfordshire County Council, which had identified there was a clash in the plans of the location of some trees and lampposts as well as to allow for amendments to the approved drainage scheme. The application also sought changes to house types with amendments to fenestrations and the addition of ground floor studies, and amendments to the heights and floor levels of plots 92 to 101 to reduce the impact of those buildings on the adjacent properties in Ferny Close. The planning officer highlighted that the application met and exceeded the back-to-back distance guidance under the Design Guide, which required a distance of 21 metres.
The planning officer confirmed that the applicants were not in breach of planning permission as the works carried out were in accordance with the granted planning permissions.
Patrick Burnage spoke objecting to the application.
Nigel Pugsley, the agent representing the applicant, spoke in support of the application.
The committee noted that the concerns of objectors surrounded the height, back-to-back distances and drainage provisions. The committee highlighted that there were no objections from the drainage officer. Members asked for confirmation that the back-to-back distances met the design guide requirements. The planning officer confirmed that the design guide recommended 21 metres from window to window of the properties. She went on to confirm that the original heights and ground levels had been acceptable when the reserved matters application was made and that the developer had lowered most of the properties where possible as such making an improvement to the approved scheme. The planning officer went on to confirm that the Sustainable Drainage System (SuDS) attenuation pond had to be located at the bottom of the site due to gravity and that the concerns raised in a resident statement had been resolved with the applicant’s agreement to an additional condition requiring submission of design details of the swale located near White’s Lane. The planning officer went on to confirm that the increase to the existing ground levels were required to allow for the proposed Sustainable Drainage System (SuDS) to work effectively. One of the attenuation ponds was located at the bottom of the site and worked partly due to gravity, therefore increasing the existing ground levels would improve the efficiency of this element of the SuDS. Further to this the concerns raised in a resident statement had been resolved with the applicant’s agreement to an additional condition requiring submission of design details of the swale located near to White’s Lane.
The committee inquired as to whether there would be any additional trees planted on the site to protect privacy. The planning officer confirmed that this was at the discretion of residents as the land would be private garden.
The committee requested for comment on the consultation which had been carried out as residents had raised this as a concern. The planning officer confirmed that for all large scale development the methods of consultation were press adverts, site notices and neighbour letters. She confirmed that for both the outline and reserved matters applications site notices were displayed and letters were sent to neighbours. The planning officer advised that the Statement of Community Involvement had been followed.
The committee asked for confirmation of the wording of the proposed additional condition. The planning officer confirmed this would be included in the minutes but detailed the condition for the committee as follows:
“Additional Condition - Drainage
Notwithstanding with the details submitted for the Infiltration Feature C, prior to the commencement of the development above the slab levels, an updated long section and cross section of the proposed swale and basin shall be submitted to and approved in writing by the Local Planning Authority.
These cross sections need to include:
· Sufficient information to highlight how the banks of the swale will interact with the boundary of the site, at 10m intervals.
· Construction details of the swale/infiltration basin, highlighting how the clay core of the banks will extend below existing ground levels.
· How the swale will discharge into the infiltration basin.
· Maximum water levels.
The approved scheme shall be implemented prior to or the first occupation or use of the development hereby approved and thereafter be maintained in accordance with the approved scheme.
Reason: To ensure the effective drainage of the site in the interest of public health and limit surface water run-off on to highways (Policy CP42 of the Local Plan 2031 Part 1)”
A motion, moved and seconded, to approve the application with the inclusion of the additional condition was carried on being put to the vote.
The committee commented that the application before them was an improvement to the scheme and that the objections raised appeared to be in relation to the granted planning permission which could not be revoked. The committee noted that there were no objections from any of the technical consultees.
RESOLVED: to approve planning application P22/V1422/FUL, subject to the following conditions:
Pre-commencement/above slab levels