Agenda item

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

 

The Committee considered application 18/01569/F for the redevelopment of site for mixed use development comprising 19 apartments, commercial space and associated cycle and bin storage facilities at Robert Keith Cars Sales Ltd, 2 Cherwell Street, Banbury, OX16 2BB for Darlow Hemphill Ltd.

 

Nathan Maddox, the applicants agent, addressed the committee in support to the application.

 

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

 

Resolved

 

That application 18/01569/F be approved and that authority be delegated to the Assistant Director for Planning and Economy to grant permission, subject to the receipt of statisfactory construction traffic management plan and subject to the conditions set out below (and any amendments to those conditions as deemed necessary) and the completion of a 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 as deemed necessary):

 

a) Payment of a financial contribution towards off site sports and recreation provision and community facilities in the locality as outlined at paragraph 9.41.

 

CONDITIONS

 

Time Limit

 

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.

 

Compliance with 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 forms, Noise Assessment (version 2 – 12/3/19), Flood Risk, SUDS and Foul Drainage Assessment (P18-049, dated: 22.03.19) and drawing number 477.LN.001 (Location Plan), 477.LN.002 Rev A (Proposed Block Plan),  477.PL.000 Rev U (Proposed Ground Floor Plan), 477.PL001 Rev V (Proposed First Floor Plan), 477.PL.002 Rev V (Proposed Second Floor Plan), 477.PL.03 Rev U (Proposed Third Floor Plan), 477.PL.005 Rev E (Proposed Roof Plan), 477.PL.200 Rev W (Proposed Front Elevation),  477.PL.201 Rev P  (Proposed Rear Elevation) and 477.PL.202 Rev C (Propose Side Elevations)

 

Levels

 

3.         No development shall take place until details of all finished floor levels in relation to existing and proposed site levels and to the adjacent buildings have been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall be constructed in accordance with the approved levels.

 

Construction Traffic Management Plan

 

4.         Prior to the commencement of development, a construction traffic management plan shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, construction shall be carried out in accordance with the approved details.

 

Construction Environmental Management Plan

 

Prior to the commencement of the development, a Construction Environment Management Plan (CEMP), which shall include details of the measures to be taken to ensure construction works do not adversely affect residential properties on, adjacent to or surrounding the site together with details of the consultation and communication to be carried out with local residents shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with approved CEMP.

 

Land Contamination Desk Study / Site Walkover

 

5.         No part of the development hereby permitted shall take place until a desk study and site walk over to identify all potential contaminative uses on site, and to inform the conceptual site model has been carried out 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 has been 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 that it is satisfied that no potential risk from contamination has been identified.

 

Land Contamination Intrusive Investigation

 

6.         If a potential risk from contamination is identified as a result of the work carried out under condition 5, 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.

 

Land Contamination Remediation Scheme

 

7.         If contamination is found by undertaking the work carried out under condition 6, 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.

 

Land Contamination Remediation Works

 

8.         If remedial works have been identified in condition 7, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 7. 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.

 

Sustainable Construction

 

9.         Prior to the commencement of any works associated with the construction of a dwelling, details of the means by which all dwellings will be designed and constructed to achieve an energy performance standard equivalent to a 19% improvement in carbon reductions on 2013 Part L of the Building Regulations (unless a different standard is agreed with the local planning authority) 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 details and no dwelling occupied until it has been constructed in accordance with the approved energy performance measures. 

 

Biodiversity

 

10.       A method statement for enhancing the biodiversity of the site shall be submitted to and approved in writing by the Local Planning Authority prior to the development reaching slab level. Thereafter, the biodiversity enhancement measures approved shall be carried out prior to occupation and retained in accordance with the approved details.

 

Noise report

 

11.       Prior to any development above slab level a noise report should be provided and approved in writing by the local planning authority that demonstrate how all habitable rooms within the dwellings hereby permitted will achieve the noise levels specified in BS8233:2014 (Guidance on sound insulation and noise reduction for buildings) for indoor noise levels.  Thereafter, and prior to the first occupation of the dwellings, the dwellings shall be insulated and maintained in accordance with the approved details.

 

Drainage

 

12.       The development hereby permitted by shall be carried out in accordance with the approved Flood Risk Assessment (FRA) < 24.8.18 / Mixed Use Development, Cherwell Street,(P18-049) / Simpson Consulting Engineers and the following mitigation measures detailed within the FRA:

 

• Limiting the surface water run-off generated by the 100-year critical storm (with a 40 % allowance for Climate Change) to 2.0 l/s (and not greater than 9.3 l/s) so that it will provide betterment to the existing run-off from the developed site and not increase the risk of flooding off-site. (As shown on Drawing Ref P18-049 :SK01 A of the FRA)

 

• Use of underground attenuation tank SuDS to provide attenuation storage (Para 9.10 Table 6 of the FRA)

 

• A SuDS Management and Maintenance Plan (based on the principles outlined in Para 9.20 of the FRA). This will be based on the principles identified in Para 9.20 of the FRA and associated schedule in Appendix N. In addition to those principles, the applicant shall submit a management plan to the local planning authority to be approved in writing identify the party responsible for maintenance of each element of the SuDS prior to any works above slab level. The Management Plan will include a Site Plan identifying the location of each element of the drainage scheme, including access points, maintenance access easements and outfalls. Maintenance operational areas are to be identified and shown on the plans, to ensure there is room to gain access to the asset, and maintain it with appropriate plant.

 

The mitigation measures shall be fully implemented prior to the first occupation of the development 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

 

Landscaping

 

13.       Unless an alternative time frame is agreed in writing by the developer and the Local Planning Authority, no development shall commence above slab level unless a scheme for landscaping the site has been submitted to and approved in writing by the Local Planning Authority which shall include:-

 

(a) details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas and written specifications (including cultivation and other operations associated with plant and grass establishment i.e. depth of topsoil, mulch etc.),

 

(b)  details of the hard landscaping including hard surface areas, pavements, pedestrian areas and steps.

 

The hard landscape elements shall be implemented prior to the first occupation of the development and shall be retained as such thereafter.  The soft landscape elements shall be implemented by the end of the first planting season following the first occupation of the development.

 

Architectural detailing

 

14.       Notwithstanding the details shown on the approved plans, further details of the architectural detailing of the exterior of the development (including stone banding, brick bonds, etc.) together with the eaves and verge treatment shall be submitted to and approved in writing by the Local Planning Authority prior to the construction of the building above slab level.  The development shall thereafter be carried out in accordance with the approved details and shall be retained as such thereafter.

 

Shop fronts

 

15.       Prior to the installation of any shop front full details plans of the shop fronts shall be submitted and approved in writing by the local planning authority. The development shall thereafter be carried out in accordance with the approved details prior to the first occupation of the building and shall be retained as such thereafter. 

 

Schedule of materials

 

16.       A schedule of materials and finishes to be used in the external walls and roof(s) of the building shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of those works. The development shall thereafter be completed in accordance with the approved details and shall be retained as such thereafter.

 

Brick Sample Panel

 

17.       The external walls of the building shall be constructed in brickwork, of a type, colour, texture, face bond and pointing which is in accordance with sample panels (minimum 1 metre squared in size) which shall be constructed on site to be inspected and approved in writing by the Local Planning Authority before the commencement of the brickwork.  The sample panels shall be constructed in a position that is protected and readily accessible for viewing in good natural daylight from a distance of 3 metres. The panel shall be retained on site for the duration of the construction contract.

 

Sample of roof materials

 

18.       Samples of the slates to be used in the covering of the roof of the buildings shall be submitted to and approved in writing by the Local Planning Authority prior to prior to the construction of the building above eaves level.  The development shall be carried out in accordance with the samples so approved and shall be retained as such thereafter.

 

Window and door details

 

19.       Notwithstanding the details on the submitted plans, details of the construction, including cross sections, cill, headers, reveal and colour / finish of the proposed windows and doors to a scale of not less than 1:10 shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of that work. The development shall be carried out in accordance with the approved details and shall be retained as such thereafter.

 

Obscure glazing

 

20.       Prior to the installation of any window a plan indicating which windows shall be fitted with obscured glass shall be submitted and approved in writing with the local planning authority.  The development shall thereafter be carried out in accordance with the approved details prior to the first occupation of the development and shall be permanently retained as such thereafter.

 

Boundary treatments

 

21.       Full details of the enclosures along all boundaries and within the site shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of those works. The approved means of enclosure shall be erected prior to the first occupation of any of the buildings and shall be permanently retained as such thereafter.

 

Cycle Parking Provision

 

22.       Prior to the first use or occupation of the development hereby permitted, details of the covered cycle parking facilities shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the covered cycle parking facilities shall be provided prior to the first occupation of the building and permanently retained and maintained for the parking of cycles in connection with the development.

 

Travel Information Packs

 

23.       Prior to first occupation a Travel Information Pack shall be submitted to and approved by the Local Planning Authority. The first residents of each dwelling shall be provided with a copy of the approved Travel Information Pack

 

Bin stores

 

24.       Prior to first occupation of the building the bins stores as shown on the approved plans shall be provided in accordance with those approved details and permanently retained as ancillary to development.

 

Rainwater goods

 

25.       All rainwater gutters and downpipes, etc. shall be cast iron or aluminium manufacture and painted black unless alternative details are otherwise first approved in writing by the Local Planning Authority.

 

Water Efficiency

 

26.       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.

 

Exclusion of fencing/ walls to frontage

 

27.       Notwithstanding the provisions of Class A of Part 2, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending that order) no gate, fence, wall or other means of enclosure shall be erected, constructed or placed in front of the front wall of any buildings and the highway at any time, without the grant of further specific planning permission from the Local Planning Authority.