Householders fight plan for 'residential home' and houses on controversial land in Banbury

The site in question is the wooded grounds of 189 Broughton Road. The application lodged with Cherwell District Council requests planning permission for up to nine houses.

However an expert tree appraisal describes a plan to build a residential home with 25 parking spaces. It also shows the 3.42 acre site to have 91 trees currently.

Neighbouring householders warn that removal of trees in their area, yards away in Crouch Hill Road, caused sinking foundations leading to ongoing structural damage.

The current proposal involves demolition of existing buildings and ‘selective removal’ of trees on the site. Applicant Jane Swintek’s agent, Richard Walker, says: “The proposal aligns with local and national planning policies, contributing positively to the town’s housing provision while respecting its character and ecology.”

Tree specialists Waterman said: “Local planning policy states that developments should avoid resulting in the loss of trees or mitigation will be required, therefore this development is likely to receive opposition unless mitigation can be agreed.

"The site is densely treed and populated with numerous large, high-quality trees that are open grown and provide high visual amenity and ecological value.”

None of the trees has protection and the site is not in the Banbury Conservation Area.

Waterman lists the trees as including sycamore, yew, walnut, ash, holly, cherry, hazel, lime, larch, cypress, willow, silver birch, juniper, apple, cedar and copper beech.

Adjoining the site is the controversial Crouch Hill Road extension – two cul de sacs where houses have undergone extensive remedial work to correct instability and cracking from ‘heave’.

Ground movement is said to have been caused by removal of long-established trees that grew alongside the Broughton Road gardens, sucking up hundreds of litres of water per day.

Resident Nigel Hanwell of Crouch Hill Road has objected to the new plan, expressing fears of a repeat of his neighbours’ nightmare, being moved so remedial work could be undertaken. Stories were published in the Banbury Guardian illustrating the extent of damage forcing residents out of their homes.

"The estate was built around 10 years ago. However, within five years ground heave issues were spotted,” he said in his letter to the council. “Subsequently the NHBC monitored the majority of the estate and found significant heave issues, probably due to ground clay rehydrating once trees had been felled prior to building. “The occupants were moved out in three tranches whilst remedial treatment was undertaken and the 'final' treatment is due to end this Oct/Nov. Meanwhile, further ground movement has been detected in numbers 42-45 and further remedial work is currently being monitored and treated.

“To grant planning permission on an area already proven to be suspect to 'heave' would be foolhardy, even with sizeable piling or rafting to alleviate the clay problem. After all, the road opposite is not called Claypit Lane for no reason. “I understand Cherwell District Council has planning policies and legal frameworks aimed at retaining existing mature trees and hedgerows wherever possible during any development. Surely, this proposed development goes against this policy, given trees would have to be felled to accommodate the nine houses - let alone maintain the sylvan barrier towards Crouch Hill Road.”