Agenda item

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

The Committee considered application 17/01879/CDC for the variation of Condition 2 (list of approved plans) of the previously approved application 16/01484/CDC to include additional land build up and tree planting, and an additional condition to prohibit access to the area of the site beyond (west and south of) the 1.8m high fence indicated by a solid brown line on drawing "LS-09 E" by anyone other than from time to time for grounds maintenance purposes in accordance with a management agreement or plan at OS Parcels 4083 And 6882 Adjoining And North Of Broken Furrow, Warwick Road, Banbury for Cherwell District Council.

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

Resolved

That application 17/01879/CDC be approved, subject to the following conditions:

1.               The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of the planning permission ref 16/01484/CDC that is 30.09.2016.

2.               Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with Site Location Plan (except as amended by other plans listed in this condition), Ecological Appraisal (Willmott Dixon Housing Ltd, February 2016), Tree Survey Report (RGS, March 2016) drawings numbered “16022-GNA-A-ST-DR-A-0202 C3”, “LS-02 D”, “LS-03 D”, “LS-04 D”, “LS-05 D”, “LS-06 D”, “LS-07 D”, “LS-08 D” and “LS-09 E”.

3.               The development shall be carried out in accordance with the Energy Strategy approved under application 16/00499/DISC and retained as such thereafter.

4.               The development shall be carried out in accordance with the brick and tile samples approved under application 16/00499/DISC and retained as such thereafter.

5.               The development shall be carried out in accordance with the amended design details for the front façade of the building and the entrance gates approved under application 17/00071/DISC and retained as such thereafter.

6.               Prior to the construction of the development hereby approved above slab level, the proposed means of access between the land and the highway shall be improved to geometry as plans submitted, formed, laid out and constructed strictly in accordance with Oxfordshire County Council's specification and guidance.

7.               The development shall be carried out in accordance with the full specification details (including construction, layout, surfacing and drainage) of the parking and manoeuvring areas approved under application 16/00511/DISC prior to the first occupation of the development and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter.

8.               Notwithstanding the details submitted, no development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme for landscaping the site which shall include:-     

(a)       details of the proposed tree and shrub planting including their species (which shall be native species of UK provenance), number, sizes and positions, together with grass seeded/turfed areas,          

(b)       details of the existing trees and hedgerows to be retained as well as those to be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation,

(c)        the reinforcement of the existing hedgerow along the Western, Eastern and Southern boundaries

(d)       details of the hard surface areas, pavements, pedestrian areas,  crossing points and steps.

(e)       Details of the minor artefacts/structures (ie. surfaces, benches, fencing, walling etc) which comprise public art works

The hard landscaping elements shall be carried out fully in accordance with the details approved and shall be retained as such thereafter.

9.               All planting, seeding or turfing comprised in the approved details of landscaping on each phase identified in condition no. 6, shall be carried out in the first planting and seeding seasons following the occupation of the building(s) or on the completion of the development, whichever is the sooner; and that any trees and shrubs which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation.

10.            a)      No retained tree shall be cut down, uprooted, damaged or     destroyed, nor shall any retained tree be pruned in any manner,

be it branches, stems or roots, other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. All tree works shall be carried out in accordance with BS3998: Recommendations for Tree Works.

b)         If any retained tree is cut down, uprooted, destroyed or dies, another tree shall be planted in the same place in the next planting season following the removal of that tree, full details of which shall be firstly submitted to and approved in writing by the Local Planning Authority.

In this condition a "retained tree" is an existing tree which shall be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) shall have effect until the expiration of five years from the date of the decision.

11.            The development shall be carried out in accordance with the existing and proposed ground and finished floor levels approved under application 16/00511/DISC and retained as such thereafter.

12.            The area of the site west and south of the 1.8m high fence indicated by a solid brown line on drawing "LS-09 E" as listed in Condition 2 of this permission must not be accessed by anyone other than from time to time for grounds maintenance purposes in accordance with a management agreement or plan.

13.            The development shall be carried out in accordance with the updated badger mitigation strategy for badgers approved under application 17/00286/DISC and shall be retained as such thereafter.

14.            The development hereby approved shall be implemented fully in accordance with the Landscape and Ecology Management Plan (LEMP) approved pursuant to Condition 27 of 12/01789/OUT.

15.            The development shall be carried out in accordance with the method statement for biodiversity enhancements and long term maintenance approved under application 17/00286/DISC and shall be retained as such thereafter.

16.            The development shall be carried out in accordance with the street lighting scheme approved under application 17/00286/DISC and shall be retained as such thereafter

17.            Unless otherwise agreed in writing by the local planning authority, the development hereby approved shall be implemented fully in accordance with the Construction Environment Management Plan (CEMP) approved pursuant to Condition 42 of 12/01789/OUT.

18.            The development shall be carried out in accordance with the details of the covered cycle parking facilities approved under application 16/00511/DISC prior to the first occupation of the development and thereafter the covered cycle parking facilities shall be permanently retained and maintained for the parking of cycles in connection with the development.