Agenda, decisions and minutes

Members declared interests in the following

5. Banbury Gateway, Acorn Way, Banbury, OX16 3JU.

Councillor Alastair Milne Home, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

Councillor Andrew Beere, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

Councillor Gordon Ross, Non Statutory Interest, as a member of Banbury Town Council which had been consulted on the application.

The Chairman advised that requests to address the meeting would be dealt with at the relevant item.

To receive communications from the Chairman.

There were no Chairman’s announcements.

The Committee considered application 13/01948/F for the variation of condition 34 and 39 of the previously approved planning application 13/00227/F (as amended by letter received from agent dated 13.3.14).

Mary Davidson, agent for the applicant, address the Committee is support of the application.

In reaching their decision, the Committee considered the officers’ report, written update and presentation and the presentation of the public speaker.

Resolved

That application 13/01948/F be approved, subject to:

i)             referral to the Secretary of State (Department for Communities and Local Government) as a departure (out of town as defined with CLG Circular 02/2009).

ii)            completion of a satisfactory section 106 agreement relating to matters of public art CCTV, transport infrastructure and highways.

iii)           the following conditions:

CONDITIONS TO BE DISCHARGED PRIOR TO COMMENCEMENT OF THE DEVELOPMENT AND ANY DEMOLTION

1.         Land Contamination (investigation)

            Prior to the commencement of the development hereby permitted and any demolition on the site, comprehensive intrusive investigation in order to characterise the type, nature and extent of the potential risk from contamination present (identified in Campbell Reith Consulting Engineers Geoenvironmental and Geotechnical Desktop Study, dated December 2011 submitted with application 11/01870/F), the risks to receptors and to inform the remediation strategy proposals shall be documented as a report undertaken by a competent person and in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and submitted to and approved in writing by the Local Planning Authority. No development shall take place unless the Local Planning Authority has given its written approval that it is satisfied that the risk from contamination has been adequately characterised as required by this condition.

2.         Land Contamination (remediation scheme)

            Prior to the commencement of the development hereby permitted and any demolition on the site, if contamination is found by undertaking the work carried out under condition 1, a scheme of remediation and/or monitoring to ensure the site is suitable for its proposed use shall be prepared by a competent person and in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and submitted to and approved in writing by the Local Planning Authority. No development shall take place until the Local Planning Authority has given its written approval of the scheme of remediation and/or monitoring required by this condition.

 3.        Archaeology (preparation of WSI)

            Prior to the commencement of the development, any demolition on the site, and any archaeological investigation, a professional archaeological organisation acceptable to the Local Planning Authority shall prepare an Archaeological Written Scheme of Investigation, relating to the application site area, which shall be submitted to and approved in writing by the Local Planning Authority.

4.         Archaeology (evaluation and mitigation)

            Prior to the commencement of the development and any demolition on the site, and following the approval of the Written Scheme of Investigation referred to in condition 3, a staged programme of archaeological evaluation and mitigation shall be carried out by the commissioned archaeological organisation in accordance with  ...  view the full minutes text for item 250.