Agenda item

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

The Committee considered application 17/01556/F for the redevelopment of a site comprising the erection of 10 residential dwellings (Use Class C3); formation of new boaters car park; conversion of existing outbuildings to form ancillary accommodation to residential properties, new ELSAN facilities for boaters and storage for boaters and the demolition of outbuildings and structures associated with the CEMEX operations as identified on the plans; together with two new vehicular accesses and associated landscaping and parking at British Waterways Site, Langford Lane, Kidlington for H2O Urban & Canal & River Trust.

 

Deborah Exley, a neighbour, addressed the committee in objection to the application.

 

Phillip Smith, the agent, addressed the committee in support of the application.

 

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

 

Resolved

 

That application 17/01556/F be approved and that authority be delegated to the Assistant Director of Planning Policy and Development to grant planning permission, subject to:

 

a)    The completed planning obligation under Section 106 of the Town and Country Planning Act 1990, as substituted by the Planning and Compensation Act 1991;

 

b)    Conditions relating to the matters detailed below (the exact conditions and the wording of those conditions to be delegated to the Assistant Director for Planning Policy and Development).

 

Time

 

1.    The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission.

 

Approved Plans

 

2.    Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the following plans and documents:

         

• Application form submitted with the application;
• Planning Statement submitted with the application;
• Heritage Appraisal by Canal & Rivers Trust dated July 2017 submitted with the application;
• Heritage Impact Assessment and Justification Statement submitted with the application;
• Transport Report by H2O Urban submitted with the application;
• Drawing Number 22074-STL-P_001 submitted with the application;
• Drawing Numbers: 22074-STL-P_005 Revision B; 22074-STL-P_006 Revision A; 22074-STL-P_010 Revision A; 22074-STL-P_011 Revision A; 22074-STL-P_020 Revision A; 22074-STL-P_021 Revision A; 22074-STL-P_022 Revision A; 22074-STL-P_023 Revision A; 22074-STL-P_030 Revision A; 22074-STL-P_035 Revision A; 22074-STL-P_040 Revision A; 22074-STL-P_041 Revision A; 22074-STL-XX-XX-DR-L-ZZZZ-09001 Revision PL04; 22074-STL-XX-XX-DR-L-ZZZZ-09401 Revision PL04; 22074-STLXX-XX-DR-L-ZZZZ-09402 Revision PL04; 22074-STL-XX-XX-DR-LZZZZ-09403 Revision PL04; and 22074-stl-XX-XX-SP-L-4080-SP002 Revision PL04 received from the applicant's agent by e-mail on 7th November 2017; and
• Design and Access Statement by Stride Treglown dated July 2017 received from the applicant's agent by e-mail on 7th November 2017.

         

Material Samples

 

3.    Prior to the commencement of the development hereby approved above slab level, samples of the materials to be used in the construction of the external walls, roofs and outbuildings (including brick sample panels for the dwellings, to demonstrate brick type, colour, texture, face bond and pointing), shall be submitted to and approved by the local planning authority in writing. The relevant works shall be carried out in accordance with the approved sample details and shall be retained as such thereafter.

         

Window Details

 

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

         

Method of demolition

 

5.    Prior to the demolition of the British Waterways Building adjoining the south east boundary wall of the site, a method statement for the demolition of the British Waterways building shall be submitted to and approved in writing by the local planning authority. The method statement shall include details of how the boundary wall is to be retained. The development shall be carried out in accordance with the approved details.

         

Access Details

 

6.    Prior to the commencement of the development hereby approved, full details of the means of access between the land and the highway and the parking and manoeuvring areas (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.

 

Surface Water Drainage Scheme

 

7.    No development shall take place until a surface water drainage scheme for the site has been submitted to and approved in writing by the Local Planning Authority. This will be based on sustainable drainage principles and an assessment of the hydrological and hydro-geological context of the development. The scheme shall subsequently be implemented in accordance with the approved details prior to the first occupation of the development, or such other timetable as has been submitted to and agreed in writing by the Local Planning Authority.

 

Construction Traffic Management Plan

 

8.    No development shall take place until a Construction Traffic Management Plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved Construction Traffic Management Plan shall be implemented and operated in accordance with the approved details.

 

Arboricultural Method Statement

 

9.    No development shall take place until an Arboricultural Method Statement (AMS) has been undertaken in accordance with BS:5837:2012 (and all subsequent amendments) and has been submitted to and approved in writing by the Local Planning Authority. Thereafter, all works on site shall be carried out in accordance with the approved AMS.

 

Landscaping Scheme

 

10.Notwithstanding the soft landscaping details within Drawing Numbers: 22074-STL-XX-XX-SP-L-4080-SP001-Outline Soft Landscape Specification Revision PL04 dated 26th October 2017 and 2074-STL-XX-XX-DR-L-ZZZZ-09140 Revision PL04 received from the applicant's agent by e-mail on 7th November 2017, no development shall take place until a soft landscaping scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme for landscaping the site shall include:-

         

a)    details of the proposed tree and shrub planting including their species, 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,

 

Thereafter, the development shall be carried out in strict accordance with the approved soft landscaping scheme.

    

All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out 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, 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. Any trees, herbaceous planting 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 current/next planting season with others of similar size and species.

 

Levels

 

11.No development shall take place until a plan showing full details of the existing and proposed site levels, including a cross section of the swale 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 finished floor levels plan.

         

Construction Environmental Management Plan

 

12.Prior to the commencement of the development hereby approved, including any demolition and any works of site clearance, a Construction Environmental Management Plan (CEMP), which shall include details of the measures to be taken to ensure that construction works do not adversely affect biodiversity, 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 CEMP.

         

External Lighting

 

13.Prior to the commencement of development hereby approved above slab level, an external lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the lighting scheme shall be carried out in accordance with the approved details and shall be retained as such thereafter.

         

Bat and Bird Boxes

 

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

         

Pedestrian Access

 

15.Prior to the commencement of development, and notwithstanding the pedestrian access shown in plan 22074-STL-XX-XXDR-L-ZZZZ-09001 Revision PL04 received from the applicant's agent by e-mail on 7^th November 2018, full details of the path to Langford Lane shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in strict accordance with the approved plan and shall be retained as such thereafter.

 

Travel Information Pack

 

16.Prior to the first occupation of the development hereby approved, a Travel Information Pack shall be submitted to and approved by the Local Planning Authority. Thereafter and upon occupation the first residents of each dwelling shall be provided with a copy of the approved Travel Information Pack.

 

Landscape Management Plan

 

17.Prior to the first occupation of the development hereby approved, a landscape management plan, to include the timing of the implementation of the plan, long term design objectives, management responsibilities, maintenance schedules and procedures for the replacement of failed planting for all landscape areas, other than for privately owned, domestic gardens, 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.

         

Contamination

 

18.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.

         

19.If contamination is found by undertaking the work carried out under condition 18, 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.

 

20.If remedial works have been identified in condition 19, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 19. 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.

         

Bat Survey

 

21.If the demolition of the buildings hereby approved does not commence by June 31 2019, a revised bat survey shall be undertaken prior to the commencement of the development to establish changes in the presence, abundance and impact on bats. The survey results, together with any necessary changes to the mitigation plan or method statement shall be submitted to and approved in writing the Local Planning Authority.

         

Thereafter, the development shall be carried out in accordance with the approved details and shall be retained as such thereafter.

         

Foundations

 

22.Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

         

Removal of Permitted Development Rights

 

23.Notwithstanding the provisions of Classes A to E (inc.) of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 and its subsequent amendments, the approved dwelling(s) shall not be extended, nor shall any structures be erected within the curtilage of the said dwelling(s), without the grant of further specific planning permission from the Local Planning Authority.

         

24.Notwithstanding the provisions of Class A of Part 2, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 and its subsequent amendments, no gate, fence, wall or other means of enclosure shall be erected, constructed or placed on the site without the grant of further specific planning permission from the Local Planning Authority.