Agenda item

Ban 15 Land Adj M40 J11 And West Of Daventry Road, Banbury

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

The development hereby permitted shall comprise Part A – a maximum floorspace of 33,110 sqm in 2no. buildings and Part B – a maximum floorspace of 16,890 sqm in up to 2no. buildings, to be utilised only for the purposes falling within Class B2 and B8 (with ancillary B1) of the Town and Country Planning (Use Classes) Order 1987 (as amended) and in accordance with Part 3 Class V of the Town and Country Planning (General Permitted Development) Order 2015 (as amended).

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)

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

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)

Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the outline development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved whichever is the later.

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).

Details of the layout, scale, appearance, access and landscaping (hereafter referred to as 'the reserved matters') shall be submitted to and approved in writing by the Local Planning Authority before any development takes place and the development shall be carried out as approved.

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

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: 16.145019O; 3568 11 C; 3568 12 C; 3568 13 C; 3568 14 C; 3568 15 C; 3568 16 C; 3568 MP C; 16.145 030 C; 16.145 020 C; 16.145 024 G; 16.145 029 C; 69717-CUR-00-XX-DR-TP-75001-P05;

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

No goods, materials, plant or machinery shall be stored, repaired, operated or displayed outside the buildings hereby approved unless otherwise approved in writing by the Local Planning Authority.

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)

Notwithstanding the provisions of section 55 (2A) of the Town and Country Planning Act 1990 (as amended by Section 49 of the 2004 Act), Part 10 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) and Part 7, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), no internal operations increasing the floor space available within the building hereby permitted shall be carried out without the prior planning permission of the Local Planning Authority.

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

The development hereby permitted shall be constructed to at least a BREEAM ‘Very Good’ standard

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)

All site clearance (including the removal of any vegetation or works to hedgerows) should be timed so as to avoid the bird nesting season, this being during the months of March until July inclusive unless alternative provisions have been previously agreed in writing by the Local Planning Authority

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

All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building(s) or the completion of the development (whichever is the sooner) and shall be maintained for a period of 5 years from the completion of the development. Any trees and/or 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.

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

The development shall be carried out in accordance with the submitted flood risk assessment (Junction 11 M40, Banbury, Oxfordshire compiled by Curtins Consulting Ltd dated 17^th January 2019 ref 070077-CUR-00-XX-RP-C-001) and the following mitigation measures it details;

· 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

The development shall be carried out in accordance with the submitted Arboricultural Impact Assessment & Preliminary Method Statement (Land to the north-east of Junction 11 of the M40, Banbury, Oxfordshire compiled by PJC Consultancy dated 21^st January 2019 ref 5092/19/01).

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

Prior to the commencement of each phase of the development hereby permitted, full specification details of the site roads, parking and turning areas including bus turning area to serve the development, which shall include swept path analysis, construction, layout, surfacing, lighting and drainage, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the first occupation of each phase of the development, the site roads and turning areas shall be constructed in accordance with the approved details.

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

Prior to the commencement of the development hereby approved, full details of the pedestrian/cycle connections from the north western corner of the site to the public footpath 120/7 shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the connection will be provided in accordance with the agreed details prior to occupation of the development.

Reason: To ensure safe and suitable access to the development for all people.

Site Access and Bus Stops

Prior to the commencement of the development hereby approved, full details of the means of access between the land and the A361 and bus and pedestrian facilities on the A361, including position, layout, drainage, lighting, visibility splays, refuge crossing, bus laybys, footways and hardstanding shall be submitted to and approved in writing by the Local Planning Authority. There shall be no obstruction of the visibility splays above 0.6m high. Thereafter and prior to the first occupation of any development, the means of access and bus stops shall be constructed and retained in accordance with the approved details.

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)

Prior to the commencement of the development of any phase of the development hereby approved, a Construction Traffic Management Plan (CTMP) shall be submitted to and approved in writing by the Local Planning Authority. The CTMP shall have been developed in consultation with the High Speed Rail 2 project and include a commitment to deliveries only arriving at or leaving the site outside peak traffic periods. Thereafter the approved CTMP shall be implemented and operated in accordance with the approved details.

Reason: In the interests of highway safety and the residential amenities of neighbouring occupiers.

Construction Environmental Management Plan (CEMP) for Biodiversity

No development shall take place within any phase of the development (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan for that phase (CEMP: Biodiversity) has been submitted to and approved in writing by the Local Planning Authority. The CEMP: Biodiversity shall include as a minimum:

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)

No development shall take place on any phase of the development hereby approved, including any works of demolition until a Construction Method Statement for that phase has been submitted to, and approved in writing by the Local Planning Authority. The statement shall provide for at a minimum:

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

No development shall take place within any phase until impact studies of the existing water supply infrastructure, which shall determine the magnitude and timing of any new additional capacity required in the system and a suitable connection point, 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.

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

Prior to the commencement of the development of any phase hereby approved, full details of a scheme to acoustically enclose all items of mechanical plant and equipment within the building, including compressor motors and fans shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the building, the development shall be carried out and retained in accordance with the approved details.

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

Prior to the commencement of the development of any phase hereby permitted a desk study and site walk over to identify all potential contaminative uses on site, and to inform the conceptual site model shall be 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 shall be 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.

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

If a potential risk from contamination is identified as a result of the work carried out under condition 20, 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

If contamination is found by undertaking the work carried out under condition 21, 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: Carry out Remediation

If remedial works have been identified in condition 22, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 22. 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.

Archaeology

Prior to the commencement of development or any demolition, a professional archaeological organisation acceptable to the Local Planning Authority shall prepare an Archaeological Written Scheme of Investigation relating to the whole application site area, which shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To safeguard the recording or archaeological matters within the site in accordance with the NPPF.

Following the approval of the Written Scheme of Investigation referred to in condition 26 and prior to the commencement of development or any demolition, a staged programme of archaeological evaluation and mitigation shall be carried out by the commissioned archaeological organisation in accordance with the approved Written Scheme of Investigation. The programme work shall include all processing, research and analysis necessary to produce an accessible and useable archive and a full report for publication which shall be submitted to the Local Planning Authority.

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)

Prior to first occupation of the development hereby approved, a site wide Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the LEMP shall be carried out in accordance with the approved details.

Delivery and Servicing Plan

Prior to occupation of each phase of the development hereby permitted, a delivery and servicing plan for that phase shall be submitted to and approved in writing by the Local Planning Authority. Site deliveries and servicing shall thereafter be carried out in accordance with the approved plan.

Reason: In the interests of highway safety and to comply with Government guidance within the NPPF.

Cycle Parking

Prior to the first occupation of any phase of the development hereby permitted, covered cycle parking facilities shall be provided on the site in accordance with details to be first submitted to and approved in writing by the Local Planning Authority. The covered cycle parking facilities so provided shall thereafter be permanently retained and maintained for the parking of cycles in connection with the development.

Reason: In the interests of promoting sustainable transport modes in accordance with Government advice in the National Planning Policy Framework.

Framework Travel Plan

Prior to occupation of any building, a Framework Travel Plan meeting the requirements set out in the Oxfordshire County Council guidance document, ‘Transport for New Developments: Transport Assessments and Travel Plans’ for that building/occupier shall be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of highway safety and to comply with Government guidance within the NPPF.

Traffic Signal Control

Prior to the first occupation of the development hereby approved MOVA (Microprocessor optimised vehicle actuation) within the traffic signal control at Junction 11 of the M40 shall be in full operation, incorporating measures specifically to reduce the risk of traffic queues reaching the main carriageway of the M40.

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

A schedule of materials and finishes to be used in the external walls and roof of the buildings 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.

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

No piling shall take place until a Piling Method Statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling shall be carried out, including measures to prevent and minimise the potential for damage to subsurface water infrastructure, and the programme for the works) has been submitted to and approved in writing by the Local Planning Authority (in consultation with Thames Water). Any piling must be undertaken in accordance with the terms of the approved 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

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. Such approved means of enclosure shall be erected prior to the first occupation of the buildings.

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

Details of the external lighting including the design, position, orientation and any screening of the lighting shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of those works. The lighting shall be installed and operated in accordance with the approved scheme at all times thereafter.

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

Full details of the design/treatment/features of the main entrance to the site including the location of signage and enclosures shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of those works. Such approved details shall be implemented prior to the first occupation of the buildings.

Land Contamination not Previously Found

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.

(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: