Agenda item

Erection of fence along the boundary of Kiln Avenue (as per minor amendment to the block plan submitted 9 September 2020, correcting proposed height of fence to correlate with the elevations and acoustic report provided).

Councillor David Bretherton declared an interest in this application. He was a member of The Chinnor and Princes Risborough Railway (CPRR) but did not hold any position of pecuniary advantage.

Owing to telecommunication difficulties, Councillor Jo Robb, who was present at the commencement of the discussion of this application, did not hear full debate following a motion to give planning permission and therefore did not vote on a subsequent motion to refuse the application.

The committee considered application P20/S2355/FUL for the erection of a fence along the boundary of Kiln Avenue (as per minor amendment to the block plan submitted 9 September 2020, correcting proposed height of fence to correlate with the elevations and acoustic report provided) on land adjacent to Kiln Avenue, Chinnor.

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 this meeting.

The planning officer reported that a site visit had been held in respect of this application by members of the committee on Monday 14 December 2020. The South Oxfordshire Local Plan 2035 had been adopted since the submission of this application and henceforth carried full weight.  A requirement of the original planning permission for the development of the cement works, to mitigate the noise from the railway, and to minimise any conflict between the operations of the existing railway and the new residents, was to install an acoustic barrier. The approved acoustic barrier had not been provided. This application aimed to resolve this planning breach by seeking planning permission for the establishment of an acoustic fence comparable to that previously approved.

The planning officer also reported that the council’s environmental protection officer had reviewed the application documents, including an acoustic report, and was satisfied that the proposed fence met the requirements required for the acoustic fencing and recommended that it be installed in accordance with the plans and supporting documents which had been submitted.

Councillor Gordon Archer, a representative of Chinnor Parish Council, spoke objecting to the application.

Mr. Andrew Walker, a representative a representative of Chinnor and Princes Risborough Railway, spoke objecting to the application. He provided the committee with a ‘sound propagation level indicator’, which was a computerised simulation of likely noise levels for different heights of fencing, coupled with distances to residential properties(‘source’ to ‘receiver’).

Ms. Donna Palmer the agent, spoke in support of the application.

Councillor Lynn Lloyd, a local ward councillor, spoke objecting to the application.

In response to a question regarding the number of complaints of noise nuisance from residents of Kiln Avenue, the environmental health officer reported that this number was small, but that upon investigation a statutory noise nuisance was not being created by the activities of the CPRR.  The planning officer advised the committee that contrary to a popular view, noise measurements in respect of nuisance complaints were not taken from the outside of a property’s front door but from inside a house and at its rear.

The planning officer confirmed that originally, the intention was for the acoustic fence to be built on top of a bund. The present proposal did not feature a bund. The committee were concerned that that the proposed acoustic fencing would not sufficiently mitigate noise transmission from diesel engines to the adjoining residential dwellings.  As a result, the amenity of local residents would be adversely affected. The committee also considered that the proposed fencing was inferior to the original scheme and would negatively affect the future operations and viability of the CPRR.

A motion moved and seconded, to grant planning permission failed on being put to the vote.

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

RESOLVED: to refuse planning permission for application P20/S2355/FUL for the following reasons:

1.    Having to the height of proposed acoustic fence, the committee was not satisfied that it would provide suitable mitigation for the residents of Kiln Avenue from the noise and disturbance associated with the operation of Chinnor and Princes Risborough Railway.

2.    Without suitable acoustic mitigation as required under planning permission P09/E0145/O, the noise from the longstanding railway and its diesel engines, would continue to have an adverse impact on the residential amenity of local residents.

3.    The lack of suitable acoustic mitigation could have the potential to impact on the continued operation of the Railway, which was a valuable heritage and tourist asset.