Agenda item

Approved, conditions to be set out in the minutes.

The Committee considered application 19/01774/F for alterations and extensions to Units 2-4, Wildmere Park, Wildmere Road, Banbury, OX16 3JU to create additional industrial office space for Mr David Apperly.

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

Resolved

(1)      That authority be delegated to the Assistant Director, Planning and Development to grant permission for application 19/01774/F subject to the following conditions (and any amendments to those conditions as deemed necessary):

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: Flood Risk Assessment & Drainage Strategy Issue 2 prepared by Flow Drainage Design, ref. 1951 and dated 27 January 2020, Design Air Quality Assessment prepared by DustScanAQ dated January 2020, Renewable Energy Feasibility Study prepared by Fenton Energy dated 12th December 2019, Transport Statement Rev. A dated 3rd December 2019, Ecological Appraisal prepared by Tyler Grange dated 23rd September 2018 and drawings numbered: 218772-23A, 218772-24A, 218772-26A, 218772-27 and 0726.1.2.

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.

Ecology and Biodiversity

3.       Prior to the commencement of the development hereby approved, including any demolition, and any works of site clearance, a method statement for enhancing biodiversity at the shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved biodiversity enhancement measures prior to the first use of the development 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.

4.       The development hereby approved shall be carried out in accordance with the recommendations set out in Section 4: Potential Impacts, Mitigation and Enhancements of the Ecological Appraisal carried out by Tyler Grange on 23rd September 2018.

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.

5.       All planting, seeding or turfing comprised in the approved details of landscaping, as detailed on approved drawing number 0726.1.2, 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.

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.

Parking and Manoeuvring

6.       Prior to the first occupation of the development hereby approved, the parking and manoeuvring areas shall be provided in accordance with the approved plan 218772-23 Rev. A. Thereafter, the parking and manoeuvring area shall be retained in accordance with this condition and shall be unobstructed except for the parking and manoeuvring of vehicles at all times.

Reason: In the interests of highway safety, to ensure a proper standard of development and to comply with Government guidance contained within the National Planning Policy Framework.

Sustainability measures

7.       Prior to the first use/occupation of the development hereby approved, the electrical vehicle charging points to serve the development shall be installed and brought into use prior to the first use of the development and shall be retained as such thereafter.

Reason: To maximise opportunities for sustainable transport in accordance with Policy SLE4 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

8.       Prior to the first use/occupation of the development hereby approved, the buildings shall be provided with solar PV panels in accordance with a scheme which shall firstly be submitted to and approved in writing by the Local Planning Authority. There after the Solar PV panels shall be installed in accordance with the approved scheme and brought into use prior to the first use/occupation of the approved development.

Reason: To support the delivery of renewable and low carbon energy in accordance with Policy ESD5 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

Flood-risk and drainage

9.       The development shall be carried out in accordance with the submitted Flood Risk Assessment, prepared by Flow Drainage Design, reference 1951, Issue 2, dated 27 January 2020, and the following mitigation measures it details:

•         Flood resilience measures shall be incorporated into the structure to a minimum level of 94.00m AOD.

These mitigation measures shall be fully implemented prior to the first use/occupation of the development hereby approved, and subsequently in accordance with the scheme’s timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

Reason: To protect the development and its occupants from the increased risk of flooding and in order to comply Policy ESD6 of the Cherwell Local Plan 2011-2031 Part 1 and with Government guidance contained within the National Planning Policy Framework.

Contamination

10.     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.

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.