Agenda item

Approved – Conditions etc. will be set out in the minutes

The Committee considered application 13/00484/OUT for the demolition of existing structures and the construction of a 36 unit assisted living home (Class C2) together with ancillary accommodation.

Councillor Pickford proposed that application 13/00484/OUT be refused. Councillor O’Neill seconded the proposal. The proposal was voted on and subsequently lost.

Councillor Lawrie Stratford proposed that the application be approved. Councillor Hughes seconded the proposal.

In reaching their decision, the committee considered the officers’ report and presentation.

Resolved

That application 13/00484/OUT be approved, subject to the following conditions:

a)                 the completion of a Section 106 obligation prior to 31 July to the satisfaction of the Head of Public Protection and Development Management, and

b)                 the following conditions:

1.                  No development shall commence until full details of the layout, scale, appearance and landscaping (hereafter referred to as reserved matters) have been submitted to and approved in writing by the Local Planning Authority. 

2.                  In the case of the reserved matters, application for approval shall be made not later than the expiration of three years beginning with the date of this permission.

3.                  The development to which this permission relates shall be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last reserved matters to be approved.

4.                  Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following plans and documents: Application forms and drawing number L01.

5.                  The premises shall be used only for purposes falling within Class C2 specified in the Schedule to the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005 and for no other purpose(s) whatsoever.

6.                  Prior to the commencement of the development hereby approved, full details of the means of access between the land and the highway, including, position, layout, construction, drainage and vision splays shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the means of access shall be constructed and retained in accordance with the approved details.

1.                  Prior to the first use or occupation of the development hereby permitted, covered cycle parking facilities shall be provided on the site in accordance with details which shall be firstly submitted to and approved in writing by the Local Planning Authority.  Thereafter, the covered cycle parking facilities shall be permanently retained and maintained for the parking of cycles in connection with the development.

2.                  If during development, contamination is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the LPA for, a Method Statement detailing to how to deal with this contamination.

3.                  No removal of hedgerows, trees or shrubs not works to  or demolition of buildings or structures that may be used by breeding birds, shall take place between the 1^st March and 31^st August inclusive, unless the Local Planning Authority has confirmed in writing that such works can proceed, based on the submission of a recent survey (no older than one month) that has been undertaken by a competent ecologist to assess the nesting bird activity on site, together with details of measures to protect the nesting bird interest on the site.

4.                  Prior to the commencement of the development hereby approved, including any demolition, and any works of site clearance, a plan for enhancing biodiversity on site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the biodiversity enhancement measures shall be carried out and retained in accordance with the approved details.

5.                  No external lights shall be erected on the land without the prior express consent of the local planning authority.

6.                  Prior to the first occupation of any dwelling on the site, a final Code Certificate, certifying that the dwelling in question achieves ‘very good’ level of the BREEAM standards shall be issued, proof of which shall be submitted to and approved in writing by the Local Planning Authority.

7.                  That details (including the siting) of the public art scheme shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.  The development shall be carried out in accordance with the details so approved.

a)                 If the Section 106 was not completed by 31 July 2013 the application be delegated to officers to proceed to a refusal of the application on the following grounds:

1.       In the absence of a satisfactory planning obligation, the Local Planning Authority is not convinced that the infrastructure directly required to service or serve the proposed development will be provided. This would be contrary to Policies OA1 and TR4, of the Non-Statutory Cherwell Local Plan 201, Policy INF 1 of the Proposed Cherwell Local Plan Proposed Submission Draft March 2013 and government guidance contained within the National Planning Policy Framework.