Agenda item

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

The Committee considered application 18/00273/OUT, an outline application for the development of up to 90 residential units (Use Class C3), Class A Uses, Class D1 Use and associated access, landscaping / open space, parking and related works at OS Parcel 3900 Adjoining Foxhill And West Of Southam Road, Banbury for Pandora Trading Limited And Sanctuary Affordable Housing Ltd.

 

Simon Hawley, the applicant’s agent, addressed the committee in support of the application.

 

In reaching their decision the committee considered the officer’s report, presentation and address of the public speaker.

 

Resolved

 

That authority be delegated to the Assistant Director of Planning Policy and Development to grant permission for application 18/00273/OUT, subject to:

 

a)         the completion of a satisfactory planning obligation under section 106 of the town and country planning act 1990, as substituted by the planning and compensation act 1991, to secure the following (and any amendments to those as deemed necessary):

 

CDC Contributions

•       LEAP on site, £108, 761.69 commuted sum; equipped LAP on site, £27, 501.52 commuted sum; 5, 154.3sqm public open space on site, £9.32/sqm commuted sum.

•       On-site Green Infrastructure Maintenance Provision based on figures within the Developer Contributions SPD.

•       Affordable Housing on site - 30% affordable housing provision, equating to 27 units.

•       Off-site outdoor and indoor sports provision, and community hall facilities based on figures within the Developer Contributions SPD.

•       On-site Water Feature Maintenance Provision based on figures within the Developer Contributions SPD.

•       Waste Collections contributions (£106 per dwelling).

 

OCC Contributions

•       On and off site transport improvements, including provision of highway infrastructure works and public transport links.

•       Contributions towards a new primary school, which is due to open in 2020, based upon the amount under the previous application.

•       Oxfordshire Clinical Commissioning Group

•       £77,760 to support improvement of local primary care infrastructure.

 

b)            The following conditions (and any amendments to those conditions as deemed necessary);

 

 

TIME LIMITS AND GENERAL IMPLEMENTATION CONDITIONS

 

1.               That no development shall be commenced until full details of the access, 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.               That 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.               That 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 conditions attached to this permission and unless otherwise agreed with the Local Planning Authority, the development shall be carried out strictly in accordance with the following documents and drawings:

 

•   Drawing Number 0101 (Site Location Plan) submitted with the application;

•   Drawing Number 19294-01-2 Revision A submitted with the application; and

•   Drawing Number 19294 -1 Revision A submitted with the application

           

5.               The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) for proposed Development West of Southam Road, Banbury, reference 10264, dated December 2017 Revision Final and the following mitigation measure detailed within the FRA: ‘Finished floor levels are set at least 300mm above the 1 in 100 year flood level’. The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

 

6.               The site shall be developed with a mix of housing types/sizes to meet the local housing needs in accordance with the requirements of Policy Banbury 2 and BSC4 of the Cherwell Local Plan (2011-2031) Part 1, details of the mix shall be submitted to and approved in writing to the local planning authority, prior to the commencement of the development.

 

7.               No more than 90 dwellings shall be accommodated on the site.

 

CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BEFORE RESERVED MATTERS SUBMISSION

 

8.               Prior to or as part of the first reserved matters submission, an Energy Statement shall be submitted to and approved in writing by the Local Planning Authority. The Energy Statement should:

 

•   be structured according to the energy hierarchy in Policy ESD2 of the Cherwell Local Plan (2011-2031) Part 1, with information provided on each element of the hierarchy;

•   inform and be reflected in the reserved matters;

•   include a description of the development, number and type of residential units;

•   Demonstrate sustainable construction methods as per Policy ESD 3 of the Cherwell Local Plan (2011-2031) Part 1;

•   Consider the use of renewable energy to supply the development.

 

Thereafter, the development shall be carried out in strict accordance with the recommendations and measures contained in the approved Energy Statement.

 

CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BEFORE ANY DEVELOPMENT COMMENCES

 

9.               No development shall take place until a plan showing the existing and proposed levels of the site has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved levels.

 

10.            No development shall take place until a survey identifying trees to be retained, has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved survey.

           

(a)       No retained tree shall be cut down, uprooted 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 tee is cut down, uprooted, destroyed or dies, another tree shall be planted at the same place and that tree shall be of a size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority.

           

11.            No development shall take place until a scheme for the protection of the retained trees has been agreed in writing with the Local Planning Authority. This scheme shall include:

           

(a)       A tree protection plan comprising of a drawing at a scale of not less than 1:500 showing, with a solid line, all trees and other landscape features that are to be retained and, with a dashed or dotted line, those that are to be removed. This drawing shall also show the position of protection zones, fencing and ground protection measures to be established to protect retained trees.

           

(b)       a British Standard 5837 Tree Survey schedule with tree reference numbers corresponding with trees on the plan

           

(c)        the specification for protective fencing and a timetable to show when fencing will be erected and dismantled in relation to the different phases of the development;

           

(d)       details of mitigation proposals to reduce negative impacts on trees including specifications and method statements for any special engineering solutions required and the provisions to be made for isolating such precautionary areas from general construction activities;

           

(e)       details of any levels changes within or adjacent to protection zones;

           

(f)        details of the surface treatment to be applied within protection zones, including a full specification and method statement;

           

(g)       the routing of overhead and underground services and provisions for reducing their impact on retained trees; and

           

(h)       a specification and schedule of works for any vegetation management required, including pruning of trees and details of timing in relation to the construction programme.

           

12.            No development shall take place until a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present, the risks to receptors and to inform the remediation strategy proposals has been 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.

           

13.            If a potential risk from contamination is identified as a result of the work carried out under condition 12, prior to the commencement of the development hereby permitted, a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present, 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.

           

14.            If contamination is found by undertaking the work carried out under condition 13, prior to the commencement of the development hereby permitted, 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.

           

15.            No development shall take place until full details of all service trenches, pipe runs or drains and any other excavation, earth movement or mounding required in connection with the development, including the identification and location of all existing and proposed trees, shrubs and hedgerows within influencing distance of such services, have been submitted to and approved in writing by the Local Planning Authority.

 

16.            No development shall take place until an Archaeological Written Scheme of Investigation, relating to the application site area, has been submitted to and approved in writing by the Local Planning Authority.

 

17.            No development shall take place until a staged programme of archaeological evaluation and mitigation following the approval of the Written Scheme of Investigation referred to in condition 16, has been carried out by the commissioned archaeological organisation in accordance with the approved Written Scheme of Investigation.

 

18.            No development shall take place, including works of site clearance or preparation, until a full assessment of the impacts on biodiversity and protected/notable species in the light of the proposed final landscape and layout plans has been submitted to and approved in writing by the Local Planning Authority. The details must include plans for mitigation, timings, details of ecological supervision and working methods and the results of all updated surveys.

 

19.            No development shall take place until a Landscape and Ecology Management Plan (LEMP) has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the LEMP shall be carried out in accordance with the approved details.

 

20.            No development shall take place until a scheme for the provision and management of a minimum 10 metre wide ecological buffer zone alongside the Hanwell Brook has been submitted to and agreed in writing by the local planning authority. Thereafter the development shall be carried out in accordance with the approved scheme and any subsequent amendments shall be agreed in writing with the local planning authority. The ecological buffer zone scheme shall be free from built development including lighting, pathways, domestic gardens and formal landscaping; and could form a vital part of green infrastructure provision.

 

21.            No development shall take place, including works of site clearance or preparation, until the site has been thoroughly checked by a suitably qualified ecologist to ensure that no protected species, which could be harmed by the development, have moved on to the site since the previous surveys 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.

 

22.            No development shall take place until full details of a drainage strategy for the entire site, based on sustainable drainage principles and an assessment of the hydrological and hydrological context of the development detailing all on and off site drainage works required in relation to the development, has been submitted to and approved in writing by the Local Planning Authority.

 

23.            No development shall take place until, 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, has been submitted to and approved in writing by the Local Planning Authority (in consultation with the Local Highway Authority).  Thereafter, the approved Travel Plan shall be implemented and operated in accordance with the approved details.

 

24.            No development shall commence on site for the development until a Construction Management Travel Plan providing full details of the phasing of the development and addressing each construction activity within each phase has been submitted to and approved in writing by the Local Planning Authority (in consultation with the Local Highway Authority) prior to the commencement of development.  This plan is to include wheel washing facilities, a restriction on construction & delivery traffic during the peak traffic periods and an agreed route to the development site. The approved Plan shall be implemented in full during the entire construction phase and shall reflect the measures included in the Construction Method Statement received.

           

25.            No development shall take place, including any works of site clearance, until a Construction Environment Management Plan (CEMP), which shall include details of the measures to be taken to ensure construction works do not adversely affect biodiversity as well as residential properties on, adjacent to or surrounding the site together with details of the consultation and communication to be carried out with local residents, has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with approved CEMP.

 

26.            Prior to the commencement of the development, details of the proposed street lighting scheme to be installed, which shall include column height, luminaire type, positions, aiming angles and cowl and deflectors to direct light sources, to demonstrate that there is no light spillage from the site, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the approved details.  Once installed the lighting scheme shall be inspected by a qualified lighting engineer and certified as being correctly installed prior to its first use.

           

27.            Prior to the commencement of development, provision of ducting to allow for future installation of EV charging infrastructure in order to make resident parking places EV ready for future demand, shall be submitted to and approved in writing by the Local Planning Authority. The details and location of such provision should take into consideration the availability of electrical supply and should therefore be designed making reference to information held by the local distribution network operator. The development shall be carried out in accordance with the details so approved.

 

CONDITIONS TO BE COMPLIED WITH DURING CONSTRUCTION

 

28.            If, during development, contamination not previously identified is found to be present at the site, 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.

 

29.            The construction of the development hereby approved shall be carried out during daylight hours only; ceasing one hour before sunset and not commencing until one hour after sunrise.

 

CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BY DEVELOPER BEFORE OCCUPATION

 

30.            If remedial works have been identified in condition 14, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 14. 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.

 

31.            Prior to the first occupation of the development, the approved means of access as detailed on drawing nos. 19294-01 Revision A and 19294-01-2 Revision A shall be constructed and retained thereafter in accordance with the approved details and all ancillary works specified shall be undertaken and the land and vegetation within the vision splays shall not be obstructed by any object, structure, planting or other material.

 

32.            That prior to the first occupation of any part of the development hereby permitted fire hydrants shall be provided or enhanced on the site in accordance with details to be first submitted to and approved in writing by the Local Planning Authority.

 

33.            Unless otherwise agreed in writing by the Local Planning Authority, all existing topsoil that is disturbed by construction works shall not be removed from the site but shall be carefully removed and stored within the curtilage of the site and, following the completed planting of the landscaping scheme, shall be distributed throughout the completed planting areas.

           

34.            Except to allow for the means of access and vision splays the existing hedgerow/trees along the Southam Road boundaries of the site shall be retained and properly maintained at a mature height for trees and not less than 3 metres for hedgerows, and that any hedgerow/tree which may die within five years from the completion of the development shall be replaced and shall thereafter be properly maintained in accordance with this condition.