Agenda item

Approved, subject to various requirements to be set out in the Minutes

The Committee considered application 16/01078/F for Bicester Gateway (Kingsmere – Retail) four Class A1 (retail) units, one Class A3 (Café/restaurants) unit, a Class D2 (gym) unit, surface level car parking, access, servicing and associated works for CPG Development Projects Ltd at Land South of and Adjoining Bicester Services, Oxford Road, Bicester.

 

Luke Raistrick, on behalf of Tesco and Graham Warriner, on behalf of Barton Willmore addressed the committee in objection to the application.

 

Iain Miller, the applicant, addressed the committee in support of the application.

 

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

 

Resolved

 

That application 16/02505/OUT be approved, subject to:

 

a)               The applicants entering into an appropriate legal agreement to the satisfaction of Oxfordshire County Council to secure financial contributions as outlined above and Countryside and other related parties in varying the pre-existing agreement in respect of 06/00967/OUT

 

b)               Amendments to the materials proposed requiring the use of natural materials

 

c)               That delegation be given to officers to make any further minor adjustments to the conditions deemed necessary before final approval

 

d)             the following conditions:

 

1.               No development shall commence until full details of the 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: (These need to be inserted)

 

5.               Prior to the commencement of the development hereby approved, samples of the materials to be used in the construction of the walls and roofs of the development shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the samples so approved.

 

6.               Prior to the commencement of the development, full details of the doors and windows hereby approved, at a scale of 1:20 including a cross section, cill, lintel and recess detail and colour/finish, shall be submitted to an approved in writing by the Local Planning Authority. Thereafter the doors and windows shall be installed within the building in accordance with the approved details.

 

7.               Prior to the commencement of the development hereby approved, a natural stone and brick sample panel (minimum 1m2 in size) shall be constructed on site, which shall be inspected and approved in writing by the Local Planning Authority. Thereafter, the external walls of the development shall be laid dressed and pointed in strict accordance with the stone and brick sample panels approved.

 

8.               Prior to the commencement of the development hereby approved, full details of the external lighting shall be submitted to and approved in writing by the Local planning Authority. Thereafter, the lighting shall be carried out and retained in accordance with the approved details.

 

9.               Prior to the commencement of the development hereby approved, a plan showing full details of the finished floor levels in relation to existing ground levels on the site/existing and proposed site levels for the proposed development 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 finished floor levels plan.

 

10.            Prior to the commencement of the development full details of the enclosures along all boundaries of the site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved means of enclosure shall be erected, in accordance with the approved details, prior to the development first being bought into use.

 

11.            Prior to the commencement of the development hereby approved, full details of the new boundary wall and gates to be constructed, along the rear Service Yard boundary shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the first occupation of the development, the new boundary treatment shall be erected, in accordance with the approved details, and retained and maintained in situ at all times.

 

12.            Prior to the commencement of the development hereby approved, full details of a scheme to acoustically enclose all items of mechanical plant and equipment within the building, including compressor motors and fans. Thereafter, and prior to the first occupation of the building, the development shall be carried out and retained in accordance with the approved details.

 

13.            All buildings hereby approved shall be constructed to at least a BREEAM ‘Very Good’ standard.

 

14.            If, during development or as part of any further investigation, contamination not previously identified 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 a remediation strategy to the Local Planning Authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the Local Planning Authority. The remediation strategy shall be implemented as approved.

 

15.            Prior to the commencement of the development hereby approved, full specification details (including construction, layout, surfacing and drainage) of the parking and manoeuvring areas shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the development, the parking and manoeuvring areas shall be provided on the site in accordance with the approved details and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter.

 

16.            Prior to the commencement of the development hereby approved, full details of all of the accesses to the site (including vehicular and pedestrian), including position, layout, construction, drainage, and vision splays shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the accesses shall be constructed and retained in accordance with the approved details.

 

17.            Prior to the first use of occupation of the development hereby approved, covered cycle parking facilities shall be provided on site in accordance with the 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.

 

18.            Prior to the first use of occupation of the development hereby approved, a Framework travel plan shall be submitted and approved in writing by the Local Planning Authority. Thereafter, within 3 months of the occupation/use of the units hereby approved, supplementary travel plan(s) linked to the Framework Travel Plan shall be submitted and approved in writing by the Local Planning Authority.

 

19.            Development shall not begin until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro-geological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details and adhering to the approved Kingsmere Development Design Code before the development is completed. The scheme shall also include:

 

·         Discharge Rates

·         Discharge Volumes

·         Maintenance and management of SUDS features(this may be secured by a Section 106 Agereement)

·         Sizing of features – attenuation volume

·         Infiltration in accordance with BRE365

·         Detailed drainage layout with pipe numbers

·         SUDS (list the SUDS features mentioned within the FRA to ensure they are carried forward into the detailed drainage strategy).

·         Network drainage calculations

·         Phasing

 

20.            Prior to the first use of the business hereby approved, suitably located waste bins shall be provided outside the premises and retained for public use in accordance with details to be firstly submitted to an approved in writing by the Local Planning Authority.

 

21.            The development hereby approved shall be carried out in accordance with the recommendations set out in of the Ecological Appraisal Document carried out by Aspect Ecology in July 2015.

 

22.            Prior to the commencement of the development hereby approved, a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the LEMP shall be carried out in accordance with the approved details.

 

23.            Prior to the commencement of the development hereby approved, full details of a scheme for the location of habitat boxes on the development shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the occupation of any building of the development, the habitat boxes shall be installed on the site in accordance with the approved details and thereafter maintained and retained in situ.

 

24.            Within the first available planting season following the occupation of the building, or on the completion of the development, whichever is the sooner, the existing hedgerow along the A41 boundary shall be reinforced by additional planting in accordance with a detailed scheme which shall firstly be submitted to and approved in writing by the Local Planning Authority. Thereafter, any plant/tree within the hedgerow which, within a period of five years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the current/next planting season with others of similar size and species in accordance with BS 4428:1989 Code of practice for general landscape operations (excluding hard surfaces) or the most up to date and current British Standard). Thereafter the new planting shall be properly maintained in accordance with this condition.

 

25.            The retail units hereby approved shall be used for the sale of comparison goods only as specified in the application, with some ancillary food retail and café facilities in units 2 and 3, strictly in accordance with paragraphs 3.5 and 3.6 of the Planning and Retail Statement prepared by Mango dated December 2016. The units shall not be subdivided without the express planning consent of the Local Planning Authority.

 

26.            The A3 and D2 units hereby approved shall be used only for the purpose of a restaurant and Gym as indicated on the approved plans and for no other purpose whatsoever.

 

27.            Prior to the commencement of any development on the site, a Delivery and Servicing Plan shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved plan.

 

28.            Prior to the commencement of the development hereby approved, the ANPR Car Park Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved plan.

 

29.            Prior to the commencement of the development hereby approved, a signage strategy shall be submitted to and approved in writing by the Local Planning Authority. The signage shall thereafter be carried out in accordance with the approved strategy.

 

30.            No works between March and August 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 the site, together with details of measures to protect the nesting bird interest on the site.

 

31.            All species used in the planting proposals associated with the development shall be native species of UK provenance.

 

32.            Planting pit details in hard landscaped areas

 

33.            Planting pit details in soft landscaped areas

 

34.            The A3 unit in Block B hereby approved, shall be used only for A3 purposes and for no other purpose whatsoever.

 

35.            The first floor to Block B hereby approved, shall be used only for the purposes of a gym and for no other purpose whatsoever, including any other purpose in Class D2 of Schedule of the Town and Country Planning (Use Classes)(Amendment)(England) Order 2005.