Decision:
Approved, subject to various requirements to be set out in the Minutes
Minutes:
The Committee considered application 19/00128/HYBRID which consisted of two parts:
Part A was a full planning application for the development of a new priority junction to the A361, internal roads and associated landscaping with two commercial buildings having a maximum floorspace of 33,110m2 and with a flexible use [to enable changes in accordance with Part 3 Class V of the Town and Country Planning (General Permitted Development) Order 2015 (as amended)] within Class B2 or B8 of the Town and Country Planning (Use Classes) Order 1987 as amended, and ancillary Class B1 offices; and
Part B an outline planning application for the development of up to two commercial buildings having a maximum floorspace of 16,890m2 and having a flexible use [to enable changes in accordance with Part 3 Class V of the Town and Country Planning (General Permitted Development) Order 2015 (as amended)] within Class B2 or B8 of the Town and Country Planning (Use Classes) Order 1987 as amended, and ancillary Class B1 offices, with all other matters reserved for future approval at Ban 15 Land Adj M40 J11 and west of Daventry Road, Banbury for Monte Blackburn Limited.
The Committee heard from two public speakers Malcolm Patterson from Wardington Parish Council in objection to the application and Matthew Wyatt the Agent in support of the application.
In reaching its decision the Committee considered the officer’s report and presentation, the written update and the comments of the public speakers.
Resolved
(1) That authority be delegated to the Assistant Director for Planning and Economy to grant permission for application 19/00128/HYBRID subject to the satisfactory resolution of the comments and objections of Oxfordshire County Council in respect of drainage and the following conditions (and any additional conditions or amendments to conditions as deemed necessary):
TIME LIMITS AND GENERAL IMPLEMENTATION CONDITIONS
Description of Development
Reason – For the avoidance of doubt and to secure appropriate uses in accordance with Policy Banbury 15 of the Cherwell Local Plan 2011 – 2031 (Part 1). The application was submitted and considered on this basis, as were all significant environmental effects.
Statutory Time Limit (Part A - Full)
Reason - To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
Statutory Time Limit (Part B - Outline and Reserved Matters)
Reason : To comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 5(1) of the Town and Country Planning (General Development Procedure) Order 2015 (as amended).
Reason : To comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 6 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).
Compliance with plans
Reason – For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework.
Prohibition of Outside Storage
Reason: In order to safeguard the visual amenities of the area in accordance with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996.
Commercial (no mezzanine)
Reason: To enable the Local Planning Authority to retain planning control over the provision of additional floorspace in order to maintain a satisfactory layout and sustain an adequate overall level of parking provision and servicing on the site and the impact on the surrounding road network in accordance with Policy SLE4 and ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.
BREEAM
Reason - To ensure energy and resource efficiency practoces are incorporated into the development in accordance with the Government’s aim to achieve sustainable development as set out within the National Planning Policy Framework.
Site Clearance (nesting season)
Reason: To ensure that the development will conserve and enhance the natural environment and will not cause significant harm to any protected species or its habitat in accordance with the Government's aim to achieve sustainable development as set out in Section 15 of the National Planning Policy Framework.
Maintenance of planting
Reason: To ensure that the agreed landscaping scheme is maintained over a reasonable period that will permit its establishment in the interests of visual amenity and to accord with ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.
Finished Floor Levels
· Finished floor levels shall be set no lower than 97.50 metres above Ordnance Datum (AOD)
These mitigation measure shall be fully implemented prior to the occupation and subsequently in accordance with the timing/phasing arrangements for the scheme. The measures detailed above shall be retained and maintained throughout the lifetime of the development.
Reason: To reduce the risk of flooding to the proposed development and future occupants.
Arboricultural Method Statement
Reason: In the interests of the visual amenity of the area, to ensure the integration of the development into the existing landscape and to comply with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.
PRE COMMENCEMENT CONDITIONS
Site roads, parking and turning areas
Reason: In the interests of highway safety, to ensure a satisfactory standard of construction and layout for the development and to comply with Government guidance contained within the National Planning Policy Framework.
Pedestrian/cycle connection
Reason: To ensure safe and suitable access to the development for all people.
Site Access and Bus Stops
Reason: In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework.
Construction Traffic Management Plan (CTMP)
Reason: In the interests of highway safety and the residential amenities of neighbouring occupiers.
Construction Environmental Management Plan (CEMP) for Biodiversity
a) Risk assessment of potentially damaging construction activities;
b) Identification of ‘Biodiversity Protection Zones’;
c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements);
d) The location and timing of sensitive works to avoid harm to biodiversity features;
e) The times during construction when specialist ecologists need to be present on site to oversee works;
f) Responsible persons and lines of communication;
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person;
h) Use of protective fences, exclusion barriers and warning signs
The approved CEMP: Biodiversity shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.
Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within Section 15 of the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.
Construction Environmental Management Plan (CEMP)
a) The parking of vehicles of site operatives and visitors;
b) The routeing of HGVs to and from the site;
c) Loading and unloading of plant and materials;
d) Storage of plant and materials used in constructing the development;
e) The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;
f) Wheel washing facilities/ road sweeping;
g) Measures to control the emission of dust and dirt during construction;
h) A scheme for recycling/ disposing of waste resulting from demolition and construction works;
i) Delivery, demolition and construction working hours;
The approved Construction Method Statement shall be adhered to throughout the construction period for the development.
Reason - To ensure the environment is protected during construction in accordance with Policy ENV1 of the Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.
Impact Study – Existing Water Supply
Reason: To ensure the water supply infrastructure has sufficient capacity to accommodate the additional demand in accordance with Government guidance contained within the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.
Strategic Water Main
20. No development shall take place until a scheme for the treatment of the strategic water main has been submitted to and approved in writing by the Local Planning Authority (in consultation with Thames Water). The scheme shall include details of measures to ensure that the potential for damage to subsurface potable water infrastructure can be prevented. Thereafter, the development shall be carried out in accordance with the approved details.
Reason: The proposed works will be within close proximity to an underground strategic water main utility infrastructure and the works has the potential to impact on local underground water utility infrastructure.
Noise: Acoustic Enclosure
Reason - To ensure the creation of a satisfactory environment free from intrusive levels of noise and to comply with Policy ENV1 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.
Land Contamination: Desk Study/Site Walk Over
Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with saved Policy ENV12 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.
Land contamination: Intrusive Investigation
Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with saved Policy ENV12 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.
Land Contamination: Remediation Scheme
Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with saved Policy ENV12 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.
Land Contamination: Carry out Remediation
Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with saved Policy ENV12 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.
Archaeology
Reason: To safeguard the recording or archaeological matters within the site in accordance with the NPPF.
Reason: To safeguard the identification, recording, analysis and archiving of heritage assets before they are lost and to advance understanding of the heritage assets in their wider context through publication and dissemination of the evidence in accordance with the NPPF.
CONDITIONS REQUIRING APPROVAL OR COMPLIANCE BEFORE OCCUPATION
Landscape and Ecological Management Plan (LEMP)
Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within Section 15 of the National Planning Policy Framework.
Delivery and Servicing Plan
Reason: In the interests of highway safety and to comply with Government guidance within the NPPF.
Cycle Parking
Reason: In the interests of promoting sustainable transport modes in accordance with Government advice in the National Planning Policy Framework.
Framework Travel Plan
Reason: In the interests of highway safety and to comply with Government guidance within the NPPF.
Traffic Signal Control
Reason: In the interests of highway safety and to mitigate the impact of the development in accordance with policies Banbury 15 and SLE4 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance within the NPPF.
CONDITIONS REQUIRING APPROVAL OR COMPLIANCE BEFORE SPECIFIC CONSTRUCTION WORKS TAKE PLACE
Schedule of Materials
Reason: To ensure that the materials are appropriate to the appearance of the locality and to ensure the satisfactory appearance of the completed development in accordance with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.
Piling Method Statement
Reason: The proposed works will be in close proximity to underground water utility infrastructure. Piling has the potential to impact on local underground water utility infrastructure.
Boundary Enclosures
Reason: To ensure the satisfactory appearance of the completed development and to comply with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policies C28 and C30 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.
Details of Lighting
Reason: In order to safeguard the visual amenities of the area and to achieve a suitable lighting scheme which would minimise the impact to ecology and biodiversity in accordance with Policy ESD10 and ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996 and Government advice in The National Planning Policy Framework.
Entrance details
Reason: To ensure the satisfactory appearance of the completed development and to comply with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policies C28 and C30 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.
Land Contamination not Previously Found
Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with saved Policy ENV12 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.
(2) 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, as set out in the Committee report (and any amendments as deemed necessary.
a) Payment of a financial contribution towards a highway improvement scheme to relieve congestion on Hennef Way of £752,081 (index linked);
b) Payment of a financial contribution towards the enhancement of bus services on the A361 route of £100,000 (index linked);
c) Payment of a financial contribution towards public transport infrastructure to include bus stop flag poles and bus shelters of £18,470 (index linked);
d) Payment of the County Council’s cost of monitoring the Travel Plan for a 5 year period of £2,040 (index linked);
e) Delivery of a scheme of improvements to footpaths and cycleways at the M40 underpass and Wildmere Road;
f) A scheme of Air Quality mitigation measures in accordance with the environmental cost calculation of £386,647;
g) Delivery of improvements works to the site access; bus laybys and refuge crossing on A361 and any other off site direct highway mitigation required;
h) Payment of the Council’s monitoring costs
Supporting documents: