Agenda item

That the Secretary of State be informed that the Council proposes to grant planning permission subject to various requirements and conditions, to be set out in the Minutes.

 

The Committee considered application 14/01932/OUT, an outline application for the development of up to 1000 homes, a local centre, primary school, community centre, secondary school playing fields, new bridleway and informal/formal recreation facilities on the site together with the provision of a

section of spine road from the A361 through to the site’s eastern boundary with all matters reserved except for access at  Banbury 17 at OS Parcel 7400 Adjoining and South of Salt Way, Banbury for Gallagher Estates.

 

The application was one of two applications submitted contemporaneously on this allocated site, the other being application reference 15/01326/OUT which was also on the agenda for determination.

 

Peter Monk, a local resident, addressed the Committee in objection to the application.

 

Fran Robinson, agent for the applicant, addressed the Committee in support of the application.

 

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

 

Resolved

 

(1)  That the Secretary of State be informed that the Council proposes to grant planning permission for application 14/01932/OUT subject to:

 

i.       The satisfactory completion of a legal agreement with both Cherwell District Council and Oxfordshire County Council to secure the items listed below:

 

Cherwell District Council:

·           Minimum 30% affordable housing;

·           Provision of on-site community facility (600sq m floorspace) and maintenance contributions;

·           Provision of on-site adult/junior football pitches, pavilion and maintenance arrangements;

·           Provision of 0.9ha on-site allotments and management/maintenance arrangements;

·           Provision of 6 x LAP, 3 x LEAP, 1 x NEAP together with maintenance arrangements;

·           Financial contribution towards off-site sports facility enhancements (extension to Spiceball Sports Centres) – approximately £758,658 index linked;

·           Financial contribution towards additional burial site provision in Banbury;

·           Provision of public artwork on site together with maintenance arrangements;

·           Maintenance arrangements for public realm features – green spaces, public open space, trees/hedgerows, drainage features, footpaths etc;

·           Specification of local centre together with a programme for its provision on site;

·           Provision of a new footpath/bridleway around the site, its specification, point of connection to eastern boundary together with arrangements to secure long-term maintenance and access for the public in perpetuity;

·           Financial contributions to be forwarded to Thames Valley Police for the infrastructure set out in their consultation response where these have not been pooled towards more than five times from other developments in the District since April 2010;

·           Financial contribution towards off-site species conservation project to compensate for adverse impact on BAP priority species (farmland birds and brown hare);

 

Oxfordshire County Council:

·           Financial contribution towards pump priming new bus route to serve the development and to meet costs of temporarily increasing frequency of the 488 service during the initial years - £1000/dwelling;

·           Financial contribution towards funding a temporary diversion of the 488 bus service into the site to ensure that it is credible;

·           Improvements to surrounding public rights of way: £45,000 towards Bodicote bridleway 45, £25,000 towards Bodicote bridleway 11, £40,000 towards Banbury restricted bridleway 41 (Saltway), £30,000 towards Banbury footpath 40, £20,0000 towards Broughton bridleway 14 and £15,000 towards Banbury footpath 37;

·           Financial contribution to the Banbury Area Transport Strategy with improvements proposed to Bridge Street/Cherwell Street eastern corridor, the A361 Southam Road junction with Castle Street and Warwick Road as well as Bloxham Road/Springfield Avenue junction;

·           Off-site highway works required to be carried by the developer and secured through a s278 highway agreement to deliver signalisation of Bloxham Road/Queensway;

·           To ensure the developer enters into a highway agreement under s278 of the Highways Act 1980 to lay out the approved new access arrangement;

·           To require the laying out of a spine road from Bloxham Road through to the site’s eastern boundary at coordinates to be agreed to ensure suitable connection with the element of the spine road proposed under application reference 15/01326/OUT. Spine road specification to include: 6.75m wide carriageway, 2m footway, 3m combined footway/cycle track, bus stop infrastructure and associated grass verges. Spine road to be completed to the site’s eastern boundary and available for public use by the occupation of 500 dwellings on the site;

·           Financial contribution to cover the costs of making/varying Bloxham Road traffic regulation order to introduce speed limit changes and restrict vehicular access along existing section of Bloxham Road by Crouch Cottages;

·           Financial contribution towards the monitoring of the Travel Plan;

·           Financial contribution of approximately £6,222,734 towards part of the build costs of a new primary school on the site  or suitable alternative arrangements for direct delivery of the primary school by the developer;

·           3.01ha of primary school land safeguarded as part of the development. Transfer of 2.22ha of fully serviced primary school land to OCC (1.81ha at nil cost to directly mitigate impact of the application proposals) by occupation of 150 dwellings on the site to enable construction by OCC. Alternatively, to secure arrangements for transfer of completed primary school site in the event of direct delivery by developer;

·           OCC to secure option to obtain remaining 0.79ha of the 3.01ha primary school land if needed at later stage to mitigate impacts of additional pupils generated through other developments on the allocated Banbury 16 and 17 sites;

·           Financial contribution of approximately £4,505,062 towards expansion of neighbouring Blessed George Napier (secondary) School;

·           Provision of 1.855ha of secondary school playing field land on the site to mitigate impact of expansion at Blessed George Napier School and terms of transfer to OCC.  1.22ha provided at nil cost with the remainder required to mitigate impact of surrounding developments;

·           Financial contribution of approximately £210,804 towards expansion of Special Education Needs school capacity at Frank Wise School.

·           Financial contribution of approximately £229,235 towards expansion of facilities at Banbury Library and cost of bookstock;

·           Financial contribution of approximately £25,830 towards local adult health and wellbeing day care facilities;

·           General administration and monitoring costs

 

ii.      The imposition of the following conditions:

 

1.    No development shall commence on a phase identified within an approved phasing plan (see condition 2) until full details of the layout, scale, appearance and landscaping (hereafter referred to as reserved matters) of the development proposed to take place within that phase have been submitted to and approved in writing by the Local Planning Authority. 

 

2.    Prior to the submission of any application for approval of reserved matters but following approval of details submitted under the requirements of condition 6, a phasing plan covering the entire application site (that indicates clear development parcels for which reserved matters applications will be submitted) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall take place in accordance with the approved phasing plan and reserved matters applications shall only be submitted in accordance with the approved phasing plan and refer to the phase(s) they relate to.

 

3.    In the case of the reserved matters, no application for approval shall be made later than the expiration of eight years beginning with the date of this permission.

 

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

 

5.    Except where otherwise stipulated by condition, the development shall be carried out strictly  in accordance with the following plans and drawings JJG043 - 033 Rev. B - Location Plan A_005 Rev. D Footway Linkage and Delivery Plan but only insofar as they relate to matters not reserved for later approval.

 

The development shall also be carried out in general accordance with the details shown in the submitted Development Framework Plan (ref: JJG043-035 Rev. Q) except insofar as it conflicts with the masterplan and design code approved under the requirements of condition 6 of this planning permission. 

 

6.    No application for reserved matters approval shall be submitted nor any submissions be made under the requirements of any other condition attached to this consent until a Design Code and Masterplan covering the entire application site has been submitted to and approved in writing by the local planning authority.

 

         The Design Code shall include:

a)    A density plan for the site;

b)    Design influences study and character areas;

c)    The general scale, form and style of buildings within each area of the site as well as details of the means of enclosure to be used;

d)    The street form, street frontage and hierarchy for all types of street/road including details of street design and surfacing;

e)    The approach to car and cycle parking across all areas of the site;

f)     The materials to be used across the site;

g)    The treatment of all on-site hedge corridors, retained trees and public rights of  way;

h)   The means by which sustainability features will be incorporated into the development;

i)     Details of how the principles of Secured by Design will be incorporated into the development.

 

The Masterplan shall reflect and include:

a)    An overall indicative layout plan showing the distribution of all principal land uses throughout the site including residential, the local centre, primary school, secondary school land, community facilities, public open space, play areas, sports pitches, pavilion and recreation facilities as well as locations of existing and new footpath/bridleway/cycle links,

b)    The character areas to be covered in the Design Code.

c)    The general areas for structural soft landscaping, mitigation planting and hedge and tree protection corridors

d)    The Parcels/Phases into which the development is to be divided (each parcel/phase being one that is intended to be developed as a single entity and for which a Reserved Matters application is to be submitted).

e)    The strategy for surface and land drainage for the site including approximate locations of attenuation/retention ponds, drainage ditches, swales, pumping stations etc.

f)     The approprimate alignment of the spine road and general location of bus stops/crossing points on it as well as the general alignment of principal estate roads.

g)    Locations of existing, enhanced and new footpath/bridleway/cycle links.

h)   Details of the approximate means and position of any temporary bus turning facilities. 

i)     Details of the approximate location of public artwork within the development.

j)      The strategy for on-site renewable energy generation.

 

         All subsequent applications for approval of reserved matters and other submissions in requirement of conditions imposed on this outline planning permission shall be in accordance with the approved Design Code and Masterplan.

 

7.    Prior to the submission of any applications for approval of reserved matters but following the submission of the Design Code/Masterplan (condition 6), full details of the spine road (from its access off Bloxham Road to the eastern boundary of the application site) including its alignment, specification, junctions (other than private drives), drainage, crossings, road markings, traffic calming, footways/cycle lanes, verges, on-street parking bays, street lighting, bus stop infrastructure and associated soft landscaping shall be submitted to and approved in writing by the local planning authority in consultation with the local highway authority.

 

8.    No development shall take place on any phase (as approved under condition 2) until full details of existing and proposed ground and floor levels within that phase have been submitted to and approved in writing by the local planning authority. Thereafter the development shall be carried out only in accordance with the approved levels.

 

9.    No development shall take place on any phase as approved under condition 2 until full design details of the play areas proposed within that phase(including any Local Areas of Play [LAPs], Local Equipped Areas of Play [LEAPs] and Neighbourhood Equipped Areas of Play [NEAPs] have been submitted to and approved in writing by the local planning authority. The development shall thereafter take place only in accordance with the approved details.

 

10. No development shall take place on any phase (as approved under condition 2) including any works associated with the creation of the approved new access arrangements until a full arboricultural survey, method statement and arboricultural implications assessment that accords with BS: 5837:2012 (or any superseding British Standard) for all existing trees and hedgerows within and around the perimeters of that phase of the site have been submitted to and approved in writing by the local planning authority. The development shall then take place only in accordance with the approved details.

 

11. Prior to the commencement of development on any phase (as approved under condition 2), including any works associated with the creation of the approved new access arrangements, full details of all service trenches, pipe runs or drains and any other excavation, earth movement or mounding required in connection with development in that phase including the identification and location of all existing and proposed trees, shrubs and hedgerows within influencing distance of such services, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

 

12. No development shall take place on any phase (as approved under condition 2) including works of site clearance/preparation until the site has been thoroughly checked by a suitably qualified ecologist to ensure that no statutorily protected species which could be harmed by the development have moved on to the site since the date the previous surveys supporting the application were carried out. Should any protected species be found during this check, full details of mitigation measures to prevent their harm shall be submitted to and approved in writing by the local planning authority. Thereafter the development shall be carried out in accordance with the approved mitigation scheme.

 

13. No development shall take place on a phase until a drainage strategy detailing any necessary on and/or off site foul and surface drainage works has been submitted to and approved in writing by, the local planning authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed.

 

14. No development shall take place until impact studies on the existing water supply and have been submitted to, and approved in writing by, the local planning authority (in consultation with Thames Water). The studies should determine the magnitude of any new additional capacity required in the system and a suitable connection point.

 

15. Prior to the commencement of development on any phase, a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present on land within that phase and the risks to receptors that 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.

 

16. If contamination is found within land associated with a phase through work carried out under condition 15, prior to the commencement of the development within the phase, 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 within the phase until the Local Planning Authority has given its written approval of the scheme of remediation and/or monitoring required by this condition.

 

17. If remedial works have been identified in condition 16, no development shall be occupied within a phase (as approved under condition 2) (other than for construction purposes) until the remedial works have been carried out for that phase in accordance with the scheme approved. A verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority before any occupation of development on that phase can take place.

 

18. If during development on a phase, contamination not previously identified is found to be present on land within that phase, no further development shall be carried out until full details of a remediation strategy detailing how the unsuspected contamination shall be dealt with has been submitted to and approved in writing by the Local Planning Authority. Thereafter the remediation strategy shall be carried out in accordance with the approved details.

 

19. Prior to the commencement of the development hereby approved, including any works of site clearance, a mitigation strategy for badgers, which shall include details of a recent survey (no older than six months), whether a development licence is required and the location and timing of the provision of any mitigation or protective fencing around setts/commuting routes, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

 

20. All applications for reserved matters approval relating to a phase shall be accompanied by a method statement demonstrating how the development in that phase would contribute towards and be consistent with the objectives for enhancement of biodiversity across the site. Thereafter, the development approved on that phase shall be carried out in accordance with the approved method statement.

 

21. Prior to the commencement of the development hereby approved, a full Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority.

 

 The plan shall include:

·         Description and evaluation of the features to be managed

·         Ecological trends and constraints on site that may influence management

·         Aims and objectives of management

·         Appropriate management options for achieving aims and objectives

·         Prescriptions for management actions for a 20 year period and beyond

·         Preparation of a work schedule (including a 5yr project register, an annual work plan and the means by which a plan will be rolled forward annually)

·         Personnel responsible for implementation of the plan

·         Monitoring and remedial contingency measures triggered by monitoring.

 

         Thereafter, the LEMP shall be carried out in accordance with the approved details.

 

22. No development shall take place on a phase (as approved under the requirements of condition 2) including any works of site clearance, until a Construction Management Plan (CMP) relating to that phase has been submitted to and approved in writing by the local planning authority. The CMP shall include details relating to the following matters:

·         Measures to reduce noise, environmental nuisance and disruption for nearby residents;

·         Measures to avoid undue impact on ecology during construction work;

·         Construction traffic management (to include a restriction on construction vehicles using Wykham Lane).

           

Thereafter, the development on that phase shall be carried out in accordance with the approved CMP at all times.

 

23. No development shall take place within 10m of an existing or new public right of way until the affected public right of way is protected during development to accommodate a width of a minimum of 5m in accordance with details to be first submitted to and approved in writing by the Local Planning Authority except where the affected public right of way has the prior authorisation of the local planning (or highway) authority to be diverted or extinguished. Thereafter, the public right of way shall remain protected and available for use at all times in accordance with the approved details throughout the construction of the development unless otherwise agreed in writing by the local planning authority.

 

24. All applications for reserved matters approval relating to a phase (as approved under condition 2) shall include details of the alignment and specification of any and all new and/or enhanced footpaths, bridleways and cycle tracks to be provided within/through that phase together with a timetable for their provision/completion. Thereafter the new footpaths, cycle tracks and bridleways shall be provided in accordance with the details approved as part of the grant of reserved matters approval for that phase.

 

25. All applications for reserved matters approval for a phase (as approved under condition 2) proposing residential development shall be accompanied by details of the significant on site renewable energy provision to serve the dwellings within that phase. No dwelling within that phase shall thereafter be occupied until it is being served by the approved renewable energy generation measures and shall remain so thereafter.

 

26. All applications for approval of reserved matters shall be accompanied by full details of the elements of the surface water drainage scheme to be incorporated within that approved phase together with details of how the surface water drainage arrangements within that phase are consistent with the overall drainage strategy for the site to ensure surface water run-off resulting from the whole development will not exceed pre-development greenfield run-off rates in a manner that accords with best practice for Sustainable Drainage Systems (SuDS).

 

27. Prior to the commencement of any development within an approved phase, details for the management, storage and/or disposal of spoil resulting from construction works on that phase shall be submitted to and approved in writing by the local planning authority. The development shall thereafter only take place in accordance with the approved details.

 

28. Prior to the commencement of the development, a soil management plan shall be submitted to and approved in writing by the local planning authority. Thereafter the development shall take place in accordance with the approved details.

 

29. No occupation of any building or dwelling on the site (other than for construction purposes) shall take place until the highway works shown in drawing no. A_005 Rev. D have been fully completed and made available for continued public use.

 

30. No dwelling shall be occupied within any phase (as approved under condition 2) until full details of the street lighting to be provided within that phase has been submitted to and approved in writing by the local planning authority. Thereafter the street lighting shall be provided as approved prior to first occupation of any dwelling within the phase and retained as approved thereafter.

 

31. Prior to first occupation of any dwelling within a phase (as approved under condition 2), fire hydrants shall be provided for that phase in accordance with details to be first submitted to and approved in writing by the local planning authority.

 

32. Prior to the first occupation of any dwelling within the development, a Travel Plan, prepared in accordance with the Department of Transport's Best Practice Guidance Note "Using the Planning Process to Secure Travel Plans" and its subsequent amendments, shall be submitted to and approved in writing by the Local Planning Authority. The approved Travel Plan shall be implemented and operated in accordance with the approved details.

 

Prior to occupation of 50% of the dwellings approved on the site, an updated Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The approved updated Travel Plan shall be implemented and operated thereafter in accordance with the approved details.

 

33. Prior to the first occupation of any dwelling on the site, details of a scheme of public artwork to be installed within the site (including a timetable for its provision and future maintenance arrangements) shall be submitted to and approved in writing by the local planning authority. The public artwork shall thereafter be installed in accordance with the approved details.

 

34. No dwelling shall be occupied on the site until 3 bins for the purposes of recycling, residual and garden waste have been provided for that dwelling, in accordance with the following specification:

·         One 240 litre blue wheeled bin for the collection of dry recyclable material;

·         One 240 litre green wheeled bin for the collection of residual waste;

·         One 240 litre brown bin for the collection of garden waste material

 

35. No dwelling shall be occupied until it has been constructed to ensure that it achieves a water efficiency limit of 110 litres person/day and shall continue to accord with such a limit thereafter.

 

36. All dwellings on the site shall achieve an energy performance standard equivalent to at least Code Level 4 of the former Code for Sustainable Homes. No dwelling shall be occupied until it has been constructed to meet this energy performance standard unless otherwise agreed in writing by the local planning authority.

 

37. Notwithstanding any provisions contained within the Town and Country Planning (General Permitted Development Order) 2015 (and any Order or Statutory Instrument revoking or re-enacting that order), all new water, waste, power and communication related infrastructure serving development on the site shall be provided underground and retained as such thereafter unless otherwise with the specific prior approval in writing of the local planning authority either through a grant of reserved matters approval or separate full planning permission. Where approved in writing by the local planning authority, the relevant above ground infrastructure shall be provided only in accordance with the approved details and retained as such thereafter.

 

38. No trees or hedgerows on the site (as existing at the date of this decision) shall be lopped, felled, uprooted or wilfully damaged unless otherwise directly necessary to lay out the approved new access from Bloxham Road and provide appropriate vision splays (as granted by this outline planning permission) or is directly necessary to facilitate the carrying out of the detailed elements of the development approved by subsequent reserved matters consents and details approved pursuant to conditions attached to this consent or reserved matters approvals.

 

39. No more than 1000 dwellings shall be accommodated on the site under the provisions of this planning permission.

 

40. No more than 500 dwellings shall be occupied on the site until a spine road from the approved new vehicular access off the A361 (Bloxham Road) to the site’s eastern boundary has been fully constructed and made available for public use in accordance with the details approved under the requirements of condition 7.

 

41. No removal of hedgerows, trees or shrubs shall take place between 1 March and 3t 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 suitably qualified ecologist to assess the nesting bird activity on site together with details of measures to protect the nesting bird interest on the site.

 

42. All non-residential buildings on the site shall be designed and constructed to achieve at least BREEAM 'Very Good' as measured against the applicable BREEAM standard for such buildings that exists at the date of this decision.

 

43. No part of any building on the site shall be located within 20m of any part of the Salt Way restricted byway.

 

44. The open market dwellings provided across the application site shall include a minimum of the following dwelling sizes:

   - 25% as two bedroom dwellings;

            - 45% as three bedroom dwellings.

 

Applications for reserved matters approval shall reflect these requirements unless with the prior written agreement of the local planning authority. 

 

45. Applications for reserved matters approval that propose any part of a dwelling within 50m of the newly aligned A361 (Bloxham Road)  shall be accompanied by details of noise mitigation measures to be incorporated into the development to ensure that the World Health Organisation's 1999 guidance on noise values for outdoor areas of 55 dB LAeq (16 hr) or less can to achieved during the time period 07:00 to 23:00 hrs for domestic gardens and that the internal noise levels in habitable rooms of the affected dwellings do not exceed the criteria specified in Table 4 of BS 8233:2014.  The affected dwellings shall only be occupied once the noise mitigation measures approved as part of the relevant reserved matters approval(s) have been fully incorporated.

 

46. Prior to the first occupation of any building or dwelling on the site (other than for construction purposes), details of measures controlling/restricting vehicular access between the application site and Wykham Park Farm to the south shall be submitted to and approved in writing by the local planning authority. The approved measures shall thereafter be brought into effect prior to first occupation of the development and be retained/maintained as such thereafter.

 

47. All applications for reserved matters approval relating to a phase (as approved under condition 2), shall be accompanied by a lighting strategy outlining how lighting will be sensitively designed within that phase to minimise disturbance to wildlife (in particular bats). Thereafter, the development within that phase as authorised through the grant of reserved matters approval shall be carried out in accordance with the approved lighting strategy.

 

48. Prior to first occupation of any dwelling on the site, any and all existing vehicular accesses to the application site from Bloxham Road except those approved as part of drawing no. A_005 Rev. D shall be permanently stopped up and there shall be no other new means of vehicular access created to the application site other than those specifically approved as part of this planning permission.

 

49. No works shall be undertaken that results in the temporary or permanent need to divert an existing public right of way that runs through the site until details of a satisfactory alternative route have first been submitted to and approved in writing by the local planning authority. The existing public right of way shall not be stopped up or obstructed in any way (save for any temporary arrangement that has the prior written agreement of the local planning authority), until the new diverted route has been provided in accordance with the approved details and is fully available for public use.

 

50. Residential development on the site shall achieve an average minimum density of 30 dwellings/hectare across each and all residential parcels (as approved within the Design Code/Masterplan under the requirements of condition 6).

 

51. Prior to the commencement of development within any phase that includes a part of public bridleway Bodicote 11, details shall be submitted of measures to protect and enhance that part of the public right of way within the phase together with a timetable for such protection/enhancement measures to be implemented.

 

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

 

53. Prior to any demolition on the site (other than in accordance with the agreed Written Scheme of Investigation) and prior to the commencement of the development and following the approval of the first stage Written Scheme of Investigation referred to in condition [F6], a programme of archaeological evaluation, investigation and recording of the application area shall be carried out by the commissioned archaeological organisation in accordance with the approved first stage Written Scheme of Investigation.

 

iii.    The imposition of a ceiling on the amount of development that can take place on Banbury 17 until the spine road is completed including through use of additional/amended planning conditions/planning obligations; and/or, Securing an appropriate legal mechanism by which the means to deliver the completed spine road can be ensured prior to the occupation of a substantial amount of development on the Banbury 17 site.

 

(2)  It was further resolved, that in the event that the application is not called-in by the Secretary of State, authority be delegated to the Head of Development Management to issue the notice of planning permission subject to accordance with points i – iii in resolution (1) above.

 

(3)  That authority be delegated to the Head of Development Management to make any necessary post-Committee minor amendments to the recommended conditions and items in the legal agreement subject to the prior written agreement of the Chairman. Any such changes would be limited to the extent that they would not materially deviate from the nature of the Committee resolution and the basis on which on the Secretary of State was informed of the Council’s proposed decision.