The Friar (former public house), 2 Old Marston Road OX3 0JP
Google Streetview May 2012 Streetview June 2015 Streetview August 2016
Planning permission for a new Tesco store on this site was given on 26 January 2015 following the addition of conditions - 10/01034/FUL (The pub had been demolished in July 2014.) However, in February 2015 Tesco confirmed that the development planned would not be going ahead and a 'For Sale' notice was put on the fencing - see Oxford Times, 21 February 2015.
The site was subsequently acquired for development as accommodation for use by Oxford Brookes University (convenient for those studying at the Marston Road site of the Faculty of Health and Life Sciences). Planning consent was applied for on 24 August 2015 and granted on 26 January 2016 (15/02543/FUL) - 30 ensuite rooms with "kitchen/diner to each floor and communal hall. Provision of covered bin store, bicycle parking and communal garden. Erection of laundry building". See also website of Savvy, the construction company and Oxford Mail article 13 October 2015.
Planning permission for a new Tesco store on this site was given on 26 January 2015 following the addition of conditions - 10/01034/FUL (The pub had been demolished in July 2014.) However, in February 2015 Tesco confirmed that the development planned would not be going ahead and a 'For Sale' notice was put on the fencing - see Oxford Times, 21 February 2015.
The site was subsequently acquired for development as accommodation for use by Oxford Brookes University (convenient for those studying at the Marston Road site of the Faculty of Health and Life Sciences). Planning consent was applied for on 24 August 2015 and granted on 26 January 2016 (15/02543/FUL) - 30 ensuite rooms with "kitchen/diner to each floor and communal hall. Provision of covered bin store, bicycle parking and communal garden. Erection of laundry building". See also website of Savvy, the construction company and Oxford Mail article 13 October 2015.
The plans previously submitted for a Tesco store on this site
can be found by searching for Application 0/01034/FUL on Oxford City Council's Planning website
and selecting Documents: Proposed site layout
can be found by searching for Application 0/01034/FUL on Oxford City Council's Planning website
and selecting Documents: Proposed site layout
Notes below on the meeting held at the British Legion, Marston, on 27 January 2012 were made by Marilyn Cox. They are not intended to be actual 'minutes', as they were referred to in a letter posted in mid-March 2012 to those who left contact details when they attended the meeting. (There is no signature to this letter, although a number of contacts are given.) Marilyn attended the meeting and made notes on the main points that arose but she had not been asked, and neither had she offered, to 'take the minutes' of it.
Public meeting held at the British Legion, Hadow Road, Marston, Oxford,
on 27 January 2012:
Present:
Andrew Smith MP (Oxford East) - Chairman (AS)
David Groves, Transport Development Control Manager, Oxfordshire County Council (DG)
Ben East, Transport Development Control Officer, Oxfordshire County Council
Farak Hamad, Oxfordshire County Council
Michael Crofton-Briggs, Head of City Development, Oxford City Council
Andrew Murdoch, Planning Officer, Oxford City Council
Mohammed Altaf-Khan, City Councillor, Headington Hill & Northway, and County Councillor, Headington & Marston
Mary Clarkson, City Councillor for Marston
Roy Darke, City Councillor, Marston, and County Councillor, Headington & Marston
Local residents: at least 85
When asked why no representative from Tesco was present, Mr Andrew Smith MP explained that he had asked the local residents’ group if they wished such representation and they had declined. However, he would put questions raised at the meeting to Tesco.
Mr Smith opened the meeting by making it clear that, however strong public feeling against the plans might be, any reconsideration of granting planning consent to Tesco for redevelopment of The Friar would not be possible. Although the City Councillors on the Planning Committee had turned down two applications by Tesco (the first for redevelopment of the building, the second for demolition and rebuilding), on the second occasion the Planning Inspector had over-ruled the decision on appeal and that could not be changed.
Residents indicated that they would have preferred to see affordable housing or accommodation for elderly people built on the site and mention was made also of an earlier application, submitted by the previous owner of the site, for planning permission for something more in keeping with the neighbourhood, which had been turned down*. AS regretted that the planning process could not be more responsive to public opinion and he could only suggest that the focus now should be on how the best possible outcome could be achieved.
*08/00292/FUL - greengrocer's, delicatessen and cafe/wine bar, with flats above (see Oxford Mail, 13 Feb 2008), not long before Tesco submitted their first application (see Oxford Mail, 14 April 2008)
Later in the meeting, Cllr Roy Darke, summarising the course of events, said that planning consent had twice been refused by the City Council because of concerns about road safety, trees, loss of amenity relating to No. 4 Old Marston Road and No. 453 Marston Road, and loss of the pub as a focus for community activity. However, the second application, for demolition of The Friar and a new building set further back from the roadway to allow more space for parking, had gone to appeal. Tesco had won the case, although both he and Cllr Mary Clarkson had attended the hearing and voiced their objections.
Public meeting held at the British Legion, Hadow Road, Marston, Oxford,
on 27 January 2012:
Present:
Andrew Smith MP (Oxford East) - Chairman (AS)
David Groves, Transport Development Control Manager, Oxfordshire County Council (DG)
Ben East, Transport Development Control Officer, Oxfordshire County Council
Farak Hamad, Oxfordshire County Council
Michael Crofton-Briggs, Head of City Development, Oxford City Council
Andrew Murdoch, Planning Officer, Oxford City Council
Mohammed Altaf-Khan, City Councillor, Headington Hill & Northway, and County Councillor, Headington & Marston
Mary Clarkson, City Councillor for Marston
Roy Darke, City Councillor, Marston, and County Councillor, Headington & Marston
Local residents: at least 85
When asked why no representative from Tesco was present, Mr Andrew Smith MP explained that he had asked the local residents’ group if they wished such representation and they had declined. However, he would put questions raised at the meeting to Tesco.
Mr Smith opened the meeting by making it clear that, however strong public feeling against the plans might be, any reconsideration of granting planning consent to Tesco for redevelopment of The Friar would not be possible. Although the City Councillors on the Planning Committee had turned down two applications by Tesco (the first for redevelopment of the building, the second for demolition and rebuilding), on the second occasion the Planning Inspector had over-ruled the decision on appeal and that could not be changed.
Residents indicated that they would have preferred to see affordable housing or accommodation for elderly people built on the site and mention was made also of an earlier application, submitted by the previous owner of the site, for planning permission for something more in keeping with the neighbourhood, which had been turned down*. AS regretted that the planning process could not be more responsive to public opinion and he could only suggest that the focus now should be on how the best possible outcome could be achieved.
*08/00292/FUL - greengrocer's, delicatessen and cafe/wine bar, with flats above (see Oxford Mail, 13 Feb 2008), not long before Tesco submitted their first application (see Oxford Mail, 14 April 2008)
Later in the meeting, Cllr Roy Darke, summarising the course of events, said that planning consent had twice been refused by the City Council because of concerns about road safety, trees, loss of amenity relating to No. 4 Old Marston Road and No. 453 Marston Road, and loss of the pub as a focus for community activity. However, the second application, for demolition of The Friar and a new building set further back from the roadway to allow more space for parking, had gone to appeal. Tesco had won the case, although both he and Cllr Mary Clarkson had attended the hearing and voiced their objections.
Main matters raised by residents
Protection of trees
Mr David Groves gave his assurance that the trees in front of The Friar would be protected by a Section 278 Agreement under the Highways Act (1980), which would control the way the demolition and the construction work were carried out. However, ‘some trimming’ of the trees would be required. Only one of the Silver Birch trees on the other side of the road would be felled. As for putting a Tree Protection Order (TPO) on any of the trees, that would not offer any protection against accidental damage, whereas the Highways Department of the County Council would assume full responsibility for ensuring that tree roots were protected during the development work. Mr Michael Haines*, a local resident who had organised a campaign against the new store, including a petition that had attracted well over 4,000 signatures, said that the trees in front of The Friar included one of four planted in the area on Armistice Day in 1950 as a memorial to local people who had lost their lives in World War II and that the significance of these trees should be respected.
*Mr Haines was elected as an Oxford City Councillor for Marston ward in May 2012 and was re-elected in May 2016.
The Rev Elaine Bardwell (Vicar of St Michael & All Angels Church, Marston) warned of what had happened when a Tesco ‘Ecostore’ had been created in Inverness: trees in a previously unbroken 7-mile stretch of historic trees had been cut down overnight. This, she said, did not inspire confidence that the trees currently in front of the former pub would be there when the new store opened. She advised those present to read Tescopoly by Andrew Simms (2007) and to visit the website tescopoly.org. She praised all the Councillors who had tried to prevent the development, and lamented the fact that their efforts had been thwarted by the legal framework in which the planning process operated, the power of big-business money, and planning laws that were not robust enough to offer any defence against it. She deplored the way in which the big supermarkets were gradually taking over through piecemeal acquisitions of sites. Referring to the Localism Bill, AS said that he had voted for an amendment that would have offered protection for smaller, local, shops but the majority of MPs had voted against it.
DG said that Tesco had a duty to make the development look as attractive as possible and protect the trees.
[On 23 February 2012, Tesco and the RSPB announced their 'Together For Trees' partnership with the aim of helping to protect rainforests around the world.]
Road Safety, Traffic Congestion:
There had been two accidents at the Old Marston Road/Marston Road junction in the week the Inspector had visited the site and a cyclist had been taken to hospital on the morning of 27 January after being knocked off his bike by a car speeding on Marston Road. Offering car parking on the other side of the Marston Road for Tesco customers would raise the risk of accidents. Problems were anticipated with traffic travelling along Marston Road in the direction of Headley Way and turning left, immediately after the Old Marston Road turn, into the Tesco forecourt. Here, vehicles would have to cross the cycle track and the pavement at a point very close to the main junction. Since the new store would attract more traffic, a resident suggested that the speed limit on this part of Marston Road should be reduced to 20 mph and that a pedestrian crossing should be installed here, paid for by Tesco.
A member of Old Marston Parish Council was concerned about delivery vehicles causing congestion along Oxford Road, which is used by four bus routes. Another gentleman pointed out that a disabled resident living near the site required emergency treatment on a fairly regular basis and he wondered about ease of access for emergency vehicles, as there were already problems with congestion in Old Marston Road. He was also concerned about noise nuisance from deliveries before 8 am. Mr David Groves said that the length of the delivery vehicles would be restricted to 10 m and no articulated trucks would be allowed. Lorries, a resident replied, didn't have to be big in order to cause congestion. DG did not believe that parked lorries would cause any obstructions. Deliveries would take place only between 7 am and 12 noon - but this, a resident pointed out, would include the morning rush hour. The plans submitted for the second application, DG maintained, had undergone a series of safety audits and any risks had been taken out of the design. He gave his assurance that everything would be done to make the road and access area as safe as possible, particularly as regards disabled and partially-sighted people. Tesco, he said, would have to pay 'whatever it costs' to ensure this.
AS asked whether traffic lights could be added to a pedestrian crossing to be installed in Old Marston Road but DG replied that this would not be possible.
Parking:
At present it was possible, a resident said, for disabled drivers to find a parking space but this would become more difficult once the Tesco store opened. Also, parking would be more difficult for those coming to provide emergency medical assistance, either by ambulance or by car. Some of the Coop, Costcutter and Marston Pharmacy customers were already parking on the double yellow lines and the raised areas. When parking became more difficult, there was likely to be more illegal parking while people were 'popping in' to the shops. AS felt that parking would need to be restricted to short periods to avoid the spaces being taken by Oxford Brookes staff and students.
*Mr Haines was elected as an Oxford City Councillor for Marston ward in May 2012 and was re-elected in May 2016.
The Rev Elaine Bardwell (Vicar of St Michael & All Angels Church, Marston) warned of what had happened when a Tesco ‘Ecostore’ had been created in Inverness: trees in a previously unbroken 7-mile stretch of historic trees had been cut down overnight. This, she said, did not inspire confidence that the trees currently in front of the former pub would be there when the new store opened. She advised those present to read Tescopoly by Andrew Simms (2007) and to visit the website tescopoly.org. She praised all the Councillors who had tried to prevent the development, and lamented the fact that their efforts had been thwarted by the legal framework in which the planning process operated, the power of big-business money, and planning laws that were not robust enough to offer any defence against it. She deplored the way in which the big supermarkets were gradually taking over through piecemeal acquisitions of sites. Referring to the Localism Bill, AS said that he had voted for an amendment that would have offered protection for smaller, local, shops but the majority of MPs had voted against it.
DG said that Tesco had a duty to make the development look as attractive as possible and protect the trees.
[On 23 February 2012, Tesco and the RSPB announced their 'Together For Trees' partnership with the aim of helping to protect rainforests around the world.]
Road Safety, Traffic Congestion:
There had been two accidents at the Old Marston Road/Marston Road junction in the week the Inspector had visited the site and a cyclist had been taken to hospital on the morning of 27 January after being knocked off his bike by a car speeding on Marston Road. Offering car parking on the other side of the Marston Road for Tesco customers would raise the risk of accidents. Problems were anticipated with traffic travelling along Marston Road in the direction of Headley Way and turning left, immediately after the Old Marston Road turn, into the Tesco forecourt. Here, vehicles would have to cross the cycle track and the pavement at a point very close to the main junction. Since the new store would attract more traffic, a resident suggested that the speed limit on this part of Marston Road should be reduced to 20 mph and that a pedestrian crossing should be installed here, paid for by Tesco.
A member of Old Marston Parish Council was concerned about delivery vehicles causing congestion along Oxford Road, which is used by four bus routes. Another gentleman pointed out that a disabled resident living near the site required emergency treatment on a fairly regular basis and he wondered about ease of access for emergency vehicles, as there were already problems with congestion in Old Marston Road. He was also concerned about noise nuisance from deliveries before 8 am. Mr David Groves said that the length of the delivery vehicles would be restricted to 10 m and no articulated trucks would be allowed. Lorries, a resident replied, didn't have to be big in order to cause congestion. DG did not believe that parked lorries would cause any obstructions. Deliveries would take place only between 7 am and 12 noon - but this, a resident pointed out, would include the morning rush hour. The plans submitted for the second application, DG maintained, had undergone a series of safety audits and any risks had been taken out of the design. He gave his assurance that everything would be done to make the road and access area as safe as possible, particularly as regards disabled and partially-sighted people. Tesco, he said, would have to pay 'whatever it costs' to ensure this.
AS asked whether traffic lights could be added to a pedestrian crossing to be installed in Old Marston Road but DG replied that this would not be possible.
Parking:
At present it was possible, a resident said, for disabled drivers to find a parking space but this would become more difficult once the Tesco store opened. Also, parking would be more difficult for those coming to provide emergency medical assistance, either by ambulance or by car. Some of the Coop, Costcutter and Marston Pharmacy customers were already parking on the double yellow lines and the raised areas. When parking became more difficult, there was likely to be more illegal parking while people were 'popping in' to the shops. AS felt that parking would need to be restricted to short periods to avoid the spaces being taken by Oxford Brookes staff and students.
The store will have 22 members of staff, 12 of whom will be full-time. Some will come to work by car - where will they park? There will be only 8 parking spaces in front of the store and if Tesco's staff, as well as its customers, park in the bay on the other side of the Marston Road, they could inconvenience customers of the hairdressers and the music shop, which could affect the trade of those businesses. Surprisingly, said AS, the presence of existing shops in the vicinity had been seen by the Planning Inspector as an argument in favour of granting Tesco permission.
Provision for cycles:
Oxford was supposed to be pro-cycling, therefore ample provision should be made for securing cycles. DG said that cycle racks would be provided but how many was not yet known.
Right of way relating to area used as a footpath in front of the proposed store:
Inconsistencies were reported to have been noted in correspondence with the County Council regarding the status of this land and one plan of the site had been confusing, with several disclaimers regarding its accuracy attached. DG said that the area concerned had been proven to be a ‘highway’, not a ‘footpath’, and that right of way would be for all traffic, not just pedestrians. However, a resident was concerned that the County Council had assumed the path to be a public highway prior to the public enquiry and had only checked the accuracy of this assumption afterwards.
Refuse and Recycling:
In response to questions about how recyclable and non-recyclable materials would be stored and taken from the store, Mr Andrew Murdoch said that there was a large area at the rear where containers for these could be kept and brought to the front only when a collection was due. Tesco returned its packaging for recycling, using its own transport. Refuse and recycling arrangements were part of the 'Service Management Plan' that had been drawn up.
Further points:
One resident complained of difficulties in getting access to all relevant information regarding the application.
AS asked what the timescale for the development was likely to be, as local residents were concerned that the empty building would become an eyesore. He had noticed that rubbish and an old mattress had been dumped there and asked what Tesco would be doing in the interim to maintain the site. Mr Murdoch replied that development would take place within 3 years. AS said he would contact Tesco to find out what plans they had for maintaining the site.
General dissatisfaction expressed about the way the planning application had been dealt with:
# Failure of local Councillors to inform residents of all the facts relating to the planning application, including the signing of an agreement (statement of common ground) between Oxfordshire County Council and Tesco's agent. Cllr Darke did ask Mr Steve Howell, Deputy Director of Environment & Economy. Highways & Transport, Oxfordshire County Council, to hold back from signing it, but was told it had already been signed.
# Local Councillors should have arranged a meeting with local residents to inform them of all the facts of the matter prior to the public enquiry.
# County Council's Transport Development Control Department failed to take full account of current volume of traffic using Marston Road
# Resentment at availability for Tesco customers of parking spaces outside the barber's shop and Allegro music shop being used to support approval of plan by County Council Officers in their report to Planning Committee
# Lack of confidence in assurances that trees in front of the new store would be sufficiently protected to avoid damage (independent arboricultural report commissioned by residents confirms vulnerability of trees to severe pruning and root damage during highway construction)
As the meeting drew to a close there were calls for a boycott of the new store and one resident suggested a mass protest when Tesco applied for a licence to sell alcohol, which would be an important factor in the store's profitability. A resident called for a vote of no confidence in the handling of the matter both by the City and the County Council, which was met with more votes in favour than against, but as the meeting was already breaking up at this point and the announcement was not completely clear, not all those who attended would have been aware of this.
Mr Smith thanked the British Legion for hosting the meeting and residents thanked Mr Smith, the Councillors and the Council Officers for arranging and attending it.
Provision for cycles:
Oxford was supposed to be pro-cycling, therefore ample provision should be made for securing cycles. DG said that cycle racks would be provided but how many was not yet known.
Right of way relating to area used as a footpath in front of the proposed store:
Inconsistencies were reported to have been noted in correspondence with the County Council regarding the status of this land and one plan of the site had been confusing, with several disclaimers regarding its accuracy attached. DG said that the area concerned had been proven to be a ‘highway’, not a ‘footpath’, and that right of way would be for all traffic, not just pedestrians. However, a resident was concerned that the County Council had assumed the path to be a public highway prior to the public enquiry and had only checked the accuracy of this assumption afterwards.
Refuse and Recycling:
In response to questions about how recyclable and non-recyclable materials would be stored and taken from the store, Mr Andrew Murdoch said that there was a large area at the rear where containers for these could be kept and brought to the front only when a collection was due. Tesco returned its packaging for recycling, using its own transport. Refuse and recycling arrangements were part of the 'Service Management Plan' that had been drawn up.
Further points:
One resident complained of difficulties in getting access to all relevant information regarding the application.
AS asked what the timescale for the development was likely to be, as local residents were concerned that the empty building would become an eyesore. He had noticed that rubbish and an old mattress had been dumped there and asked what Tesco would be doing in the interim to maintain the site. Mr Murdoch replied that development would take place within 3 years. AS said he would contact Tesco to find out what plans they had for maintaining the site.
General dissatisfaction expressed about the way the planning application had been dealt with:
# Failure of local Councillors to inform residents of all the facts relating to the planning application, including the signing of an agreement (statement of common ground) between Oxfordshire County Council and Tesco's agent. Cllr Darke did ask Mr Steve Howell, Deputy Director of Environment & Economy. Highways & Transport, Oxfordshire County Council, to hold back from signing it, but was told it had already been signed.
# Local Councillors should have arranged a meeting with local residents to inform them of all the facts of the matter prior to the public enquiry.
# County Council's Transport Development Control Department failed to take full account of current volume of traffic using Marston Road
# Resentment at availability for Tesco customers of parking spaces outside the barber's shop and Allegro music shop being used to support approval of plan by County Council Officers in their report to Planning Committee
# Lack of confidence in assurances that trees in front of the new store would be sufficiently protected to avoid damage (independent arboricultural report commissioned by residents confirms vulnerability of trees to severe pruning and root damage during highway construction)
As the meeting drew to a close there were calls for a boycott of the new store and one resident suggested a mass protest when Tesco applied for a licence to sell alcohol, which would be an important factor in the store's profitability. A resident called for a vote of no confidence in the handling of the matter both by the City and the County Council, which was met with more votes in favour than against, but as the meeting was already breaking up at this point and the announcement was not completely clear, not all those who attended would have been aware of this.
Mr Smith thanked the British Legion for hosting the meeting and residents thanked Mr Smith, the Councillors and the Council Officers for arranging and attending it.
Tesco - some news items from the subsequent three years
Oxford Times article, 18 May 2012
BBC News website - 15 Mar 2012 Tesco's UK chief executive quits
BBC News website - 18 Apr 2012 Tesco unveils profits rise and £1bn investment in UK
BBC News website - 20 Apr 2012 Five things Tesco got wrong
BBC News website - 13 March 2013 Tesco buys Giraffe restaurants
BBC News website - 9 September 2013 Tesco: How one supermarket came to dominate
Tesco to begin conversion of the former Friar pub in February 2014 - see Oxford Mail article, 17 December 2013
The memorial plaque and bench will not be moved, Tesco promises residents. See Oxford Mail article, 14 January 2014
Tesco suspends executives as inquiry launched into profit statement - BBC 22 Sept 2014
Tesco rocked by new crisis. Share price dropped after profits warning - dividend and capital expenditure cut - Yahoo News 31 Aug 2014
Tesco to develop 4,000 British Homes - Reuters article, 18 July 2014
Guardian online - 16 April 2014 Tesco boss defiant despite fall in profits
Tesco names 43 store closures - BBC 28 January 2015
The Ghost Tesco stores (planned closures across the UK) - BBC 13 February 2015
Tesco posts record £6.4bn annual loss - BBC News 22 April 2015
Blow for Tesco, as profits sink by more than half - The Times, 7 October 2015
Tesco sells off supermarket sites to property investors, The Guardian, 15 Oct 2015
Oxford Times article, 18 May 2012
BBC News website - 15 Mar 2012 Tesco's UK chief executive quits
BBC News website - 18 Apr 2012 Tesco unveils profits rise and £1bn investment in UK
BBC News website - 20 Apr 2012 Five things Tesco got wrong
BBC News website - 13 March 2013 Tesco buys Giraffe restaurants
BBC News website - 9 September 2013 Tesco: How one supermarket came to dominate
Tesco to begin conversion of the former Friar pub in February 2014 - see Oxford Mail article, 17 December 2013
The memorial plaque and bench will not be moved, Tesco promises residents. See Oxford Mail article, 14 January 2014
Tesco suspends executives as inquiry launched into profit statement - BBC 22 Sept 2014
Tesco rocked by new crisis. Share price dropped after profits warning - dividend and capital expenditure cut - Yahoo News 31 Aug 2014
Tesco to develop 4,000 British Homes - Reuters article, 18 July 2014
Guardian online - 16 April 2014 Tesco boss defiant despite fall in profits
Tesco names 43 store closures - BBC 28 January 2015
The Ghost Tesco stores (planned closures across the UK) - BBC 13 February 2015
Tesco posts record £6.4bn annual loss - BBC News 22 April 2015
Blow for Tesco, as profits sink by more than half - The Times, 7 October 2015
Tesco sells off supermarket sites to property investors, The Guardian, 15 Oct 2015