Agenda item

Approved, conditions to be set out in the minutes.

The Committee considered application 18/01721/OUT an outline application for permission for the development of up to 57 residential dwellings (C3 use class), other related infrastructure and associated works at Land West of Oxford Road and South of Newton Close, Bicester for Countryside Properties (Bicester) Limited.

 

It was proposed by Councillor Les Sibley and seconded by Councillor Lynn Pratt that consideration of application 18/01721/OUT be deferred for a period of up to 10 years until a suitable site for the Bicester Super Health Hub had been decided.

 

On being put to the vote the proposal was lost and the motion subsequently fell.

 

Mr Simon Ible, agent for the applicant, addressed the meeting in support of the application.

 

It was proposed by Councillor Les Sibley and seconded by Councillor John Broad that application 18/01721/OUT be refused, contrary to officer recommendation as it was against the S106 legal agreement and contrary to the local plan.

 

On being put to the vote the proposal was lost and the motion subsequently fell.

 

On reaching its decision the Committee considered the officers’ report and presentation, the address of the public speaker and the written update.

 

Resolved

 

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 18/01721/OUT subject to the following conditions (and any amendments to those conditions as deemed necessary) and a Section 106 planning obligation (resolution (2) below):

 

CONDITIONS

 

1.       No development shall commence until full details of the layout, scale, appearance and landscaping (hereafter referred to as reserved matters) have been submitted to and approved in writing by the Local Planning Authority.

 

Reason: This permission is in outline only and is granted 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 Town and Country Planning (General Development Procedure) Order 2015 (as amended)

 

2.       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.

 

          Reason: The permission is in outline only.

 

3.       The development to which this permission relates shall be begun not later than the expiration of 2 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.

 

Reason: this application is in outline.

 

4.       Except where otherwise stipulated by condition, the development shall be carried out, strictly in accordance with the following plans and documents: (to be added)

         

Reason: For the avoidance of doubt, to ensure the development is carried out only as approved by the Local planning Authority and to comply with Government guidance within the National Planning Policy Framework.

 

5.       That prior to the commencement of any development on the site, and prior to the submission of any reserved matters, notwithstanding the design code submitted with the application, a design code shall be submitted and approved in writing by the Local Planning Authority. The design code shall include: character area details; densities across the site, general scale, massing, height, design and form of buildings; street form and frontages; movement hierarchy and public realm strategy; public open space/play space/ landscaping and green infrastructure links, materials; servicing; parking strategies and sustainability features, including renewable energy. Thereafter, any reserved matters application shall be submitted in accordance with the approved design code.

         

Reason: To ensure a high quality development in accordance with Policy ESD15 of the Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.

 

6.       No development may be occupied until written confirmation is received by the Local Planning Authority that a six month extension to the existing bus service agreement (for services between south-west Bicester and the town centre) has been secured. Such confirmation must include the original and new dates of service expiration, and must be jointly signed by the applicant and service provider. 

         

Reason: To ensure the development can be served effectively by sustainable transport as required by paragraph 108 of the National Planning Policy Framework.

 

7.       Prior to first occupation, a Travel Plan Statement should be submitted to and approved in writing by the Local Planning Authority.

         

Reason: in the interests of sustainability and to comply with Government guidance within the National Planning Policy Framework.

8.       Prior to the commencement of the development hereby approved, full details of the means of access between the land and the highway, 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.

         

Reason: In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework.

 

9.       Prior to the commencement of the development hereby approved, full details of the pedestrian and cycle access points linking the development with the adjacent highway and off highway pedestrian and cycle network, including a temporary route across the safeguarded land, 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.

         

Reason: In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework.

 

10.     Prior to the commencement of the development hereby approved, full specification details of the vehicular accesses, driveways, parking and turning areas to serve the dwellings, which shall include construction, layout surfacing, drainage and parking restrictions shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to first occupation of any of the dwellings, the access, driveways 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 within the National Planning Policy Framework.

 

11.     The development shall be implemented in accordance with the approved residential travel plan for Kingsmere (to be added)

 

Reason: In the interests of sustainability and to comply with Government guidance within the National Planning Policy Framework.

 

12.     Prior to the commencement of the residential development hereby approved, full details of secure, covered cycle parking for residents shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the first occupation of each dwelling, the cycle parking shall be provided in accordance with the approved details.

 

Reason: In the interests of sustainability and to comply with Government guidance within the National Planning Policy Framework.

 

13.     Prior to the commencement of the development hereby approved, a Construction Traffic Management Plan shall be submitted to and approved in writing by the Local Planning Authority. This shall include details of construction access route, delivery hours avoiding network peak and school arrival/departure times, site compound including parking and turning, provision for making good any damage to the highway resulting from construction of the development, and wheel washing arrangements.

 

Reason: To ensure the environment is protected during construction in accordance with Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance within the National Planning Policy Framework.

 

14.     Development shall not begin until a detailed surface water drainage scheme for the site, which shall be provided as part of any reserved matters submission, in accordance with the approved Create Flood Risk Assessment TF/CS/P15-874/13/Revision D and Drainage Strategy drawing 02/703 Rev C, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall also include:

         

-         a compliance report to demonstrate how the scheme complies with the agreed drainage strategy for the site and the local and national surface water drainage standards

-         full micro drainage calculations for all events up to and including the 1 in 100 year plus climate change

-         a Flood Exceedance Conveyance Plan

-         Detailed drainage design layout drawings of the SUDs proposals including cross section details

-         detailed maintenance management plan in accordance with Section 32 of CIRIA C753 including maintenance schedules for each drainage element; and

-         Details of how water quality will be maintained during construction

         

Reason: To ensure satisfactory drainage of the site and in accordance with Government guidance within the National Planning Policy Framework.

 

15.     No properties shall be occupied until confirmation has been provided that either: a) that all water upgrades required to accommodate the additional flows from the development have been completed, or, b) a housing and infrastructure phasing plan has been agreed with Thames Water to allow additional properties to be occupied. Where a housing and infrastructure phasing plan is agreed, no occupation shall take place other than in accordance with the agreed housing and infrastructure phasing plan.

         

Reason: The development may lead to no/low water pressure and network reinforcement works are anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional demand anticipated from the new development.

 

16.     No dwelling shall be occupied on the site until 3 bins for the purposes of recycling, residual and garden waste have been provided for that dwelling in accordance with the following specification:

         

-         one 240 litre blue wheeled bin for the collection of dry recyclable material

-         one 240 litre green wheeled bin for the collection of residual waste

-         one 240 litre brown bin for the collection of garden waste material

         

Reason: To ensure that new residents have access to waste storage facilities that encourage recycling and to reduce the risk of unsightly bin waste storage affecting street scenes in accordance with the requirements of Policy ESD1, ESD2 and ESD15 of the Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.

 

17.     All applications for approval of reserved matters shall include an energy statement demonstrating how all the dwellings will achieve a 19% reduction in carbon emissions above 2013 building regulations and a water efficiency of not more than 110 litres/person/day. The development shall be carried out in accordance with the approved statement.

         

Reason: In the interests of creating sustainable new development in accordance with the requirements of Policy ESD1, ESD2, ESD3, ESD4 and ESD5 of the Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.

 

18.     No development shall take place, nor shall any reserved matter be submitted until an arboricultural survey undertaken in accordance with BS:5837:2012 and all subsequent amendments and revisions is carried out, submitted to and approved in writing by the Local Planning Authority.

 

Reason: In the interests of protecting any trees/hedges of importance in accordance with Policy ESD15 of the Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 

19.     Prior to the commencement of the development hereby permitted, a desk study and site walk over to identify all potential contamination on the site, and to inform the conceptual site model , to be carried out by a competent person and in accordance with DEFRA and Environment agency's Model Procedures for the Management of Land Contamination, CLR11, 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 the risks from contamination to future residents is minimised in accordance with Government guidance within the National Planning Policy Framework.

 

20.     Prior to the commencement of the development hereby approved, A Landscape and Ecological Management Plan (LEMP) to include a full biodiversity enhancement scheme to demonstrate net biodiversity gain of 10%, 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.

         

Reason: In the interests of biodiversity in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.

 

21.     Prior to the commencement of any development and prior to the submission of any reserved matters, a noise assessment together with details of any necessary mitigation measures in respect of the adjacent Esso petrol station and activities shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the findings and necessary agreed mitigation measures.

 

Reason: to protect the new residents from adverse noise and disturbance and to accord with Government guidance within the National Planning Policy Framework.

 

22.     Prior to the commencement of any development on the site, full details of the existing and proposed site and floor levels shall be submitted to and approved in writing by the Local planning authority. The development shall be carried out in accordance with the approved levels.

         

Reason: To ensure the satisfactory functioning and visual appearance of the development, in accordance with the requirements of Policy ESD15 of the Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.

 

23.     Prior to the first occupation of the development hereby approved, a landscape and SUDS 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 of all landscaped areas, other than for privately owned, domestic gardens shall be submitted to and approved in writing by the Local Planning Authority. thereafter the Landscape Management Plan shall be carried out in accordance with the approved details.

         

Reason: In the interests of the visual amenities of the area, to ensure the creation of a pleasant environment for the development in accordance with Policies ESD10 and ESD15 of the Cherwell Local Plan and Government guidance within the National Planning Policy Framework

 

(2)      That 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, be agreed to secure the following (and any amendments as deemed necessary):

 

  District Requirements

·       30% affordable housing provision on site

·       Attenuation - £51.39 per square metre maintenance

·       LAP provision on site plus £30, 702.02 future maintenance

·       Public open space maintenance provision

·       Safeguarding of 1ha of land as edged blue on the location plan for healthcare purposes for at least 10 years

·       Sale/marketing value of healthcare land to be at a cost to reflect its safeguarded health use – not open market value

·       Outdoor off-site sports facilities contribution of £2017.03 per dwelling towards improving the quality of outdoor hard courts at The Cooper School, Bicester

·       Community safety and policing contribution (to be negotiated)

·       Community hall contribution of £18,980

·       Public art contribution (to be negotiated)

·       Allotments contribution (to be negotiated)

·       Burial ground contribution (to be negotiated)

·       Indoor sports contribution of £335.32 per dwelling

·       £111 per dwelling for bins and recycling

·       Apprenticeships x 3 and EST Plan

·       AQMA mitigation (to be negotiated)

·       Secure access into reserved land along secondary street

·       Monitoring cost - 5% of the total value of the S106 contributions (financial and in kind)

OCC Requirements

·       Traffic Regulation Order - £3,120

·       Off site highway works: provision of a crossing of Middleton Stoney Road and pedestrian/cycle facilities on Oxford road and Middleton Stoney road

·       Extension of contract of existing Kingsmere bus service

·       Monitoring fee (to be negotiated)

·       Travel plan

·       Education contribution of £482,434 primary education and £397,854 Secondary education