Agenda item

Part of OS Parcel 0083 North of 89 Cassington Road, Yarnton

Meeting of Planning Committee, Thursday 13 February 2020 4.00 pm (Item 142.)

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 18/02160/F for the redevelopment of part of the site with new purpose-built buildings for B1 and B8 use including provision for access onto Cassington Road at Part of OS Parcel 0083 North of 89 Cassington Road, Yarnton, for Douglas Charlett Tyres Limited.

It was proposed by Councillor Macnamara and seconded by Councillor Clarke that application 18/02160/F be approved subject to additional conditions regarding hours of operation and Policy ESD 5: Renewable Energy of the Local Plan.

In reaching its decision the Committee considered the officers’ report and presentation.

Resolved

(1) That authority be delegated to the Assistant Director Planning and Development to grant permission for application 18/02160/F subject to the following conditions (and any amendments to those conditions deemed necessary)(and two further conditions in resolution (2) below):

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.

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.

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: Planning and Design and Access Statement, Preliminary Ecological Appraisal Report and Bat Roost Assessment dated 27/04/2019, Sustainable drainage and Flood Risk Assessment version 3.1 dated 20/12/2019, and drawings: Site Plan, 3914/p001a, 3914/p100, 3914/p101, 3014/p102, 3914/sk04 March 18, and 15375-HOP-ZZ-GF-DR-C-DR01 rev P6

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.

Materials

3. Prior to the construction of the development hereby approved above slab level, a schedule of materials and finishes for the external walls and roof(s) of the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved schedule and shall be retained as such thereafter.

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 Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

Access and highway

4. No part of the development hereby permitted shall be occupied until the following works have been constructed and completed, to the satisfaction of the local planning authority:

i) Reinstatement of PROW 420/8 on the south side of Cassington Road from a point adjacent to the existing bridge to the west of the site eastwards to the point where PROW 420/8 turns in a southerly direction away from Cassington Road.

ii) The site access and its junction with Cassington Road as approved pursuant to condition 5.

Reason: In the interests of highway and pedestrian safety and to accord with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

5. 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, vision splays, footway connections and inter-visibility between the adjacent site access shall be submitted to and approved in writing by the Local Planning Authority. The means of access shall not be constructed other than in accordance with the approved details and shall be retained and maintained as such thereafter.

Reason - In the interests of highway safety and to accord with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

Cycle Parking Provision

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

Reason - In the interests of sustainability and to ensure a satisfactory form of development, in accordance with Government guidance contained within the National Planning Policy Framework and the Local Transport Plan.

Construction Traffic Management Plan

7. Prior to 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 times for construction traffic and delivery vehicles, which must be outside of peak network hours. Thereafter, the approved Construction Traffic Management Plan 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 and to accord with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

Travel Plan Statement

8. Prior to the first occupation of the development hereby permitted the Travel Plan Statement shall be updated with details of the final occupier and the final occupier’s measures to encourage sustainable travel and shall be submitted to and approved in writing by the Local Planning Authority. The approved Travel Plan Statement shall thereafter be implemented and operated in accordance with the approved details.

Reason - In the interests of sustainability and to ensure a satisfactory form of development, and to accord with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

Drainage

9. The surface water drainage system to serve the development hereby permitted shall be constructed entirely in accordance with the detailed Flood Risk Assessment prepared by HOP (Ref: 15375/01/HOP/FRA v3.1 - 20/12/2019) and the details shown on drawing no. 15375-HOP-ZZ-GF-DR-C-DR01revP6 dated 20/12/2019 and hereby approved, unless otherwise agreed in writing by the Local Planning Authority. The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing and phasing arrangements. The measures detailed shall be retained and maintained throughout the lifetime of the development.

Reason: To ensure the site is appropriately drained and to reduce off-site flood risk in accordance with Policies ESD6, ESD7 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

Waste water network

10. No premises shall be occupied until confirmation has been provided that either:-

• all wastewater network upgrades required to accommodate the additional flows from the development have been completed; or

• Thames Water to allow additional premises 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 sewage flooding and network reinforcement works are anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional flows anticipated from the new development. Any necessary reinforcement works will be necessary in order to avoid sewer flooding and/or potential pollution incidents. And to accord with Policies ESD6, ESD7 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

Water network

11. No premises shall be occupied until confirmation has been provided that either:

• all water network upgrades required to accommodate the additional flows from the development have been completed; or

• a housing and infrastructure phasing plan had 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. And to accord with Policies ESD6, ESD7 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

Arboricultural Method Statement

12. Prior to the commencement of the development hereby approved, an Arboricultural Method Statement (AMS), undertaken in accordance with BS:5837:2012 and all subsequent amendments and revisions shall be submitted to and approved in writing by the Local Planning Authority detailing how the existing trees on the site are to be protected during the development. Thereafter, all works on site shall be carried out in accordance with the approved AMS.

Reason – To ensure the continued health of retained trees/hedges and to ensure that they are not adversely affected by the construction works, in the interests of the visual amenity of the area, to ensure the integration of the development into the existing built environment 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.

Landscaping scheme and implementation

13. Prior to the commencement of the development hereby approved, a landscaping scheme shall be 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,

(c) details of the hard surface areas, including pavements, pedestrian areas, reduced-dig areas, crossing points and steps.

The development shall not be carried out other than in accordance with the approved landscaping scheme and the hard landscape elements of the approved scheme shall be carried out prior to the first use or occupation of the development and shall be retained as such thereafter.

Reason - In the interests of the visual amenities of the area, to ensure the creation of a pleasant environment for the development 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.

14. 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.

Ecology/Biodiversity

15. The development hereby approved shall be carried out in accordance with the recommendations set out in section 6 of the Preliminary Ecological Appraisal Report and Bat Roost Assessment carried out by Lizard Landscape Design and Ecology on 27 April 2019.

Reason - To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

16. No construction beyond damp proof course level shall take place until details of a scheme for the location of bat, bird and owl and invertebrate boxes and hedgehog holes in the bases of fencing have been submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the occupation of any building the bat, bird, owl and invertebrate boxes and hedgehog holes shall be installed on the site in accordance with the approved details and shall be retained as such thereafter.

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 the National Planning Policy Framework.

17. No development shall take place until a landscape and ecological management plan, including long-term design objectives, management responsibilities and maintenance schedules for all landscaped areas (except privately owned domestic gardens) has been submitted to and approved in writing by the local planning authority. The landscape and ecological management plan shall be carried out as approved and any subsequent variations shall be first submitted to and agreed in writing by the local Planning authority. The scheme shall include the following elements:

• Details of maintenance regimes

• Details of any new habitat created on-site and details of how habitat connectivity will be maintained and enhanced

• Details of treatment of site boundaries and/or buffers around water bodies, with native species planting of UK provenance

• Details of management responsibilities

Reason – To ensure the protection of wildlife and supporting habitat and to secure opportunities for enhancing the site’s nature conservation value in order to comply with government guidance set out in the National Planning Policy Framework. and Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

18. No development shall take place until a plan detailing the protection of water voles and otters and mitigation for any damaged caused to their associated habitats has been submitted to the local Planning authority. The plan must consider the whole duration of the development from the construction phase through to development completion. Any change to operation responsibilities, including management, shall be first submitted to and approved in writing by the local planning authority. The water voles and otters protection plan shall be carried out in accordance with a timetable for the implementation as approved. The scheme shall include the following elements:

• Appropriate design changes incorporated into the methodology of the development

• Details of how protected species present are to be protected during construction works

• A scheme for the long-term management and protection of any protected species population and its habitat

• Details of mitigation for the disturbances caused by the development including loss of habitat used by protected species

• Details of how the existing habitat will be enhanced so as to protect and promote protected species populations.

Contamination

19. Prior to the commencement of the development 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.

20. If a potential risk from contamination is identified as a result of the work carried out under condition 19, 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.

21. If contamination is found by undertaking the work carried out under condition 20, 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.

22. If remedial works have been identified in condition 21, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 21. 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.

23. 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.

Noise

24. Prior to the first occupation of the development a noise report produced to BS4142:2014 shall be submitted to and approved in writing by the Local Planning Authority. Any mitigation required by the report shall be in place prior to the first occupation of the units and shall be retained as such thereafter.

Reason - To ensure the creation of a satisfactory environment free from intrusive levels of noise and to comply with saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

Lighting

25. Prior to the first occupation of the development details of the lighting scheme shall be submitted to and approved by the Local Planning Authority. The lighting scheme shall be implemented in accordance with the approved details and shall be retained as such thereafter.

Reason - To ensure the creation of a satisfactory environment free from intrusive levels of light and to comply with saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

Electric vehicle charging ducting

26. Prior to the first occupation of the development details of ducting to allow for the future installation of electrical vehicle charging infrastructure to serve the development shall be submitted to and approved in writing by the Local Planning Authority. The ducting shall be installed in accordance with the approved scheme prior to the occupation of the development and shall be retained as such thereafter.

Reason - To maximise opportunities for sustainable transport in accordance with Government guidance contained within the National Planning Policy Framework.

(2) That the following two additional conditions be agreed (The exact wording to be delegated to officers):

i) that the operating hours be restricted.

ii) that Policy ESD5 of the local plan- renewable energy be included

Supporting documents: