Agenda item

The Ley Community, Sandy Lane, Yarnton

Meeting of Planning Committee, Thursday 8 October 2020 4.00 pm (Item 81.)

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 20/01561/F for the erection of 10no dwellings (C3 Use Class) and Care Home (C2 Use Class), new access, parking, landscaping, demolition and other ancillary works at The Ley Community, Sandy Lane, Yarnton for 376 Estates and The Ley Community.

Mr Darren Worthington of the Ley Community addressed the meeting in support of the application.

In reaching its decision the Committee considered the officer’s report and presentation and the address of the public speaker.

Resolved

(1) That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 20/01561/F subject to:

a) 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, to secure the following (and any amendments as deemed necessary):

• Provision of and commuted sum for maintenance (or detailed arrangements and provision for a management company) of the proposed open space (including informal open space, mature trees, hedgerows etc) in accordance with the Policy BSC11 of the CLP

• Commuted sum of £3,989.04 per dwelling for off-site play area enhancement in the locality as no local area of play is being provided on site in accordance with Policy BSC11.

• Community hall contribution of £19,0067.60, outdoor sports provision contribution of £28,594.80 and indoor sports provision contribution of £11,836.80.

• £106 per dwelling for bins in accordance with the SPD

• a contribution of £37,730 towards primary care in the locality.

b) The following conditions (an 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:

20012 L00013 (Location Plan)

20012 PE0010 Rev C (Contextual Plan)

20012 PP0012-Rev C (Proposed Site Plan)

20012 PP1030 Rev D (Plot 1 plans)

20012 PP2030 Rev C (Plot 2 plans)

20012 PP3030 Rev B (Plot 3 plans)

20012 PP4030 Rev C (Plot 4 plans)

20012 PP6030 (Plot 6 plans)

20012 PP7030 (Plots 7 and 8 plans)

20012 PP8030 (Plots 9 and 10 plans)

G4405-WRD-XX-00-DR-A-0200 P8 (Care home ground floor plan)

G4405-WRD-XX-00-DR-A-0201 P7 (Care home first floor plan)

G4405-WRD-XX-00-DR-A-0202 P8 (Care home second floor plan)

G4405-WRD-XX-XX-DR-A-0500 P4 (Care home site plan)

G4405-WRD-XX-ZZ-DR-A-0300 P3 (Care home elevation drawings)

948.1_03F Landscape Layout - Site A

10598-P500A (drainage plan)

10598-P501A (drainage plan)

Energy Statement

Flood Risk Assessment (‘FRA’)

FRA Appendix B Survey Sheet 1 of 2

FRA Appendix B Survey Sheet 2 of 2

FRA Appendix C

Transport Statement

Ecological Update (June 2020)

Amended Biodiversity Metric 2.0 Calculation Tool Beta Test – December 2019 (received in an email from Hugh Shepherd dated 25.09.2020 at 1645 hours.

Ecological Impact Assessment (2018)

Yarnton Noise Assessment

Yarnton Odour Assessment

Appendix 4 Site Investigation Report

Surface Water Calculations

Yarnton Care Needs Assessment

Archaeological Desk-based Assessment

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.

Contaminated land investigation

3. No part of the development hereby permitted shall take place until a desk study and site walk over to identify all potential contaminative uses on site, and to inform the conceptual site model has been 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 has been 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 any ground and water contamination is identified and adequately addressed to ensure the safety of the development, the environment

and to ensure the site is suitable for the proposed use to comply with Saved Policy ENV12 of the Cherwell Local Plan 1996 and 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.

4. If a potential risk from contamination is identified as a result of the work carried out under condition 3, 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.

Reason: To ensure that any ground and water contamination is adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use, to comply with Saved Policy ENV12 of the Cherwell Local Plan 1996 and 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.

5. If contamination is found by undertaking the work carried out under condition 4, 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.

6. If remedial works have been identified in condition 5, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 5. 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.

Highways / Construction

7. 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 and tie in with existing footpaths 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 order to provide safe and suitable access to the site in accordance with Policies SLE4 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in the National Planning Policy Framework.

8. No development shall commence on site until a Construction Traffic Management Plan (CTMP) addressing all phases of the development has been submitted to and approved in writing by the local planning authority in consultation with the local highway authority. The CTMP shall be prepared in accordance with OCC guidelines. The approved Plan shall be implemented in full during the entire construction phase.

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

9. No development shall commence unless and until a Construction Environment and Traffic Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall not be carried out other than in accordance with the approved CEMP.

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

10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking or re-enacting or amending those Orders with or without modification), the garages hereby permitted to plots 7 and 10 must only be used for the parking of private cars and for no other use whatsoever and shall not be converted to habitable accommodation.

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

11. The car parking and any turning facilities within the development to serve the dwellings and care home hereby approved shall be provided hard surfaced and made available for use before the respective dwelling and/or care home is first occupied and shall thereafter be permanently so maintained.

Reason: In the interests of highway safety, to ensure that adequate off-street parking provision is made to reduce the possibilities of the proposed development leading to on-street parking problems in the area and to accord with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in the National Planning Policy Framework.

12. Prior to first occupation a Residential Travel Information Pack shall be submitted to and approved by the Local Planning Authority. Thereafter the Travel Information Pack shall be issued to all residents on first occupation.

Reason: To encourage the use of sustainable transport options in accordance with Policies SLE4 and ESD1 of the Cherwell Local Plan Part 1 (2015) and Government guidance in the National Planning Policy Framework.

13. Prior to the first occupation of any of the dwellings hereby approved, all of the estate roads and footpaths (except for the final surfacing thereof) shall be laid out, constructed, lit and drained in accordance with Oxfordshire County Council's ‘Conditions and Specifications for the Construction of Roads’ and its subsequent amendments.

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.

14. Prior to the first occupation of the care home hereby approved, a Travel Plan Statement, prepared in accordance with the Department of Transport’s Best Practice Guidance Note “Using the Planning Process to Secure Travel Plans” and its subsequent amendments, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved Travel Plan Statement shall be implemented and operated in accordance with the approved details.

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

15. Prior to the first occupation of the development, a scheme for the provision of vehicular electric charging points to serve the development shall be submitted to and approved in writing by the Local Planning Authority. The vehicular electric charging points shall be provided in accordance with the approved details prior to the first occupation of the dwelling they serve and shall be retained as such thereafter.

Reason: To comply with Policies SLE 4, ESD 1, ESD 3 and ESD 5 of the adopted Cherwell Local Plan 2011-2031 Part 1 and to maximise opportunities for sustainable transport modes in accordance with paragraph 110(e) of the National Planning Policy Framework.

Archaeology

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

Reason - To safeguard the recording of archaeological matters within the site in accordance with the Government guidance in the National Planning Policy Framework.

17. Following the approval of the Written Scheme of Investigation referred to in condition 16, and prior to any demolition on the site and the commencement of the development (other than in accordance with the agreed Written Scheme of Investigation), 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 of 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 Government guidance in the National Planning Policy Framework.

Trees

18. The development shall be carried out in strict accordance with the details in the Arboricultural Impact Assessment (ref: MW.19.1203.AIA Rev C issued 14.09.2020) and associated drawings. Prior to the removal of any tree identified for relocation in drawing number MW.19.1203.TPP.RevB, full details of the proposed relocation and methodology for removal, relocation and establishment shall be submitted and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.

Reason: To mitigate for the loss of trees on the site and ensure that appropriate mitigation is provided in the interest of the character and appearance of the area and biodiversity.

Design

19. No development shall take place until details of all finished floor levels in relation to existing and proposed site levels and to the adjacent buildings have been submitted to and approved in writing by the Local Planning Authority. This shall include details of any retaining walls or features. The development hereby permitted shall be constructed in accordance with the approved levels.

Reason: In order to safeguard the visual amenities of the area and to protect the amenity of the neighbouring properties in accordance with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in 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.

20. The first floor window in the western elevation of the care home (shown to serve the laundry room on drawing number 4405-WRD-XX-00-DR-A-0201 Rev P7) hereby permitted shall be glazed with obscure glass (at least Level 3) only, and fixed with a ventilation stay restricting the opening of the window to no more than 30 degrees from the elevation in question, prior to the first occupation of the care home and must be permanently maintained as such at all times thereafter.

Reason - To safeguard the living conditions of neighbouring residents and future occupiers of the development and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

21. The flat roof above the kitchen and plant roof at the western end of care home hereby permitted shall not be used as an outdoor seating or amenity area at any time whatsoever.

22. Full details of odour and ventilation in accordance with the Odour report and visual appearance.

23. Notwithstanding the details shown on the approved plans, further details (including scale plans) of the architectural detailing of the exterior of the buildings, including the windows and doors (and their surrounds and recesses), together with the eaves and verge treatment and parapet roofs, shall be submitted to and approved in writing by the Local Planning Authority prior to the construction of the building above slab level. The development shall not be carried out other than in accordance with the approved details and shall be retained as such thereafter

Reason: In order to safeguard the visual amenities of the local area 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 in the National Planning Policy Framework.

24. Prior to the installation of any external lighting a full lighting strategy to include illustration of proposed light spill and which adheres to best practice guidance, 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 document.

Reason – To safeguard residential amenity and 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.

25. No development shall commence above slab level unless and until a detailed schedule of materials and finishes for the external walls and roofs of the development hereby approved, including samples of such materials, has been 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.

26. No development shall commence above slab level unless and until samples of the timber boarding to be used externally in the development have been submitted to and approved in writing by the Local Planning Authority. The roof shall not be covered other than in accordance with the samples so approved and shall be retained as such thereafter.

Reason: To ensure the satisfactory appearance of the completed development and to ensure that the completed development is in keeping with and conserves the special character of the historic environment, 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.

27. No development shall commence above slab level unless and until a brick sample panel, to demonstrate brick type, colour, texture, face bond and pointing (minimum 1m² in size) has been constructed on site, inspected and approved in writing by the Local Planning Authority. The boundary wall of the development shall be constructed in strict accordance with the approved brick sample panel and shall be retained as such thereafter.

Reason: To ensure the satisfactory appearance of the completed development and to ensure that the completed development is in keeping with and conserves the special character of the historic environment, to comply with Saved Policy C28 of the Cherwell Local Plan 1996, Policy ESD 15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

28. No development shall commence above slab level unless and until a landscaping scheme has been 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,

(d) screen planting to Arran House

(e) details of boundary treatments

The development shall be carried out in strict accordance with the approved landscaping scheme and the hard landscape elements shall be carried out prior to the first occupation/use of the development and shall be retained as such thereafter.

Reason: In the interests of the character and appearance 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.

29. 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.

30. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking or re-enacting or amending those Orders with or without modification), no development within Parts 1 or 2 shall take place.

Reason - To safeguard the living conditions of neighbours to and future occupiers of the development, to protect the health and integrity of trees within the site and to safeguard the character and appearance of the area and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

Ecology

31. Biodiversity enhancements scheme (bird and bat brick, hedgehog houses, log piles:

No development shall commence including any demolition and any works of site clearance unless and until a method statement and scheme for enhancing biodiversity on site such that an overall net gain for biodiversity is achieved, to include details of enhancement features and habitats both within green spaces and integrated within the built environment, has been submitted to and approved in writing by the Local Planning Authority. This shall also include a timetable for provision. Thereafter, the biodiversity enhancement measures shall be carried out and retained in accordance with the approved details.

Reason: To ensure the development provides a net gain in biodiversity in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

NOTE TO APPLICANT/DEVELOPER: It is advised that this condition include a Biodiversity Impact Assessment metric to show how a clear net gain for biodiversity will be achieved.

32. No development shall commence unless and until a Landscape and Ecology Management Plan (LEMP) has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall not be carried out other than in accordance with the approved 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 the National Planning Policy Framework.

Drainage

33. No development shall take place until a Detailed Design, Surface Water Management Strategy and associated management and maintenance plan of surface water drainage for the site using sustainable drainage methods has been submitted to and approved in writing by the Local Planning Authority. The approved drainage system shall be implemented in accordance with the approved Detailed Design prior to the use of the building commencing.

A detailed drainage strategy including calculations, ground levels and plans must be submitted for approval.

The Detailed Design shall be based upon the Outline Design principles set out in the following documents and drawings:

(19)20012 - PP0013 - PROPOSED SITE PLAN

948.1_02C Landscape Layout - Site C

Surface Water Calculations – Fully detailed calculation files to be provided.

948.1_03B Landscape Layout - Site A

948.1_04B Landscape Layout - Site B

10598- Flood Risk Assessment V1.0

10598-P502 drainage construction details

20012 - L00011 Location Plan TLC (1)

Appendix 1 SuDS LLFA pro-forma

Appendix 4 (i)12571 Site Investigation Report

Appendix 4 (ii)12571 Site Investigation Report

FRA-Appendix B survey-Sheet 1 of 2

FRA-Appendix B survey-Sheet 2 of 2

FRA-Appendix C (I) 10598-P500 residential development

FRA-Appendix C (ii)10598-P501care home development

A compliance Surface Water Management Strategy report to demonstrate how the scheme complies with the “Local Standards and Guidance for Surface Water

Drainage on Major Development in Oxfordshire”

Detailed design drainage layout drawings of the SuDS proposals including cross section details.

Detailed design clearly demonstrating how exceedance events will be managed.

Pre and Post development surface water flow paths to be identified on plan.

Evidence that WFD requirements have been addressed to improve water quality.

Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal

34. Completion and Maintenance of Sustainable Drainage – Shown on Approved Plans - No building or use hereby permitted shall be occupied or the use commenced until the sustainable drainage scheme for this site has been completed in accordance with the submitted details. The sustainable drainage scheme shall be managed and maintained thereafter in perpetuity in accordance with the agreed management and maintenance plan, (including contact details of any management company).

35. SuDS Features and Drainage Maintenance Plan (Detailed maintenance management plan in accordance with Section 32 of CIRIA C753 including maintenance schedules for each drainage element, to be prepared and submitted as stand-alone document).

Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal and maintained thereafter.

36. Outline Design Infiltration: The development hereby permitted shall not commence until full Detailed Design details of the proposal, implementation, maintenance and management of a surface water drainage scheme have been submitted to and approved in writing by the local planning authority. Those details shall include:

a) Information about the design storm period and intensity (1 in 30 & 1 in 100 (+40% allowance for climate change), discharge rates and volumes (both pre and post development), temporary storage facilities, means of access for maintenance, the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters;

b) Any works required off-site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant);

c) Flood water exceedance routes, both on and off site;

d) A timetable for implementation;

e) Site investigation and test results to confirm infiltrations rates; and

Reason: To ensure that the proposed development can be adequately drained. To ensure that there is no flood risk on or off the site resulting from the proposed development.

37. SuDS – Design Documentation Plans: Prior to occupation, a record of the approved SuDS details shall be submitted to and approved in writing by the Local Planning Authority for deposit in the Lead Local Flood Authority Asset Register. The details shall include:

As built plans in both .pdf and .shp file format;

Photographs to document each key stage of the drainage system when installed on site;

Photographs to document the completed installation of the drainage structures on site.

Reason:

In accordance with section 21 of the Flood and Water Management Act 2010.

38. Prior to the first occupation of the development hereby permitted written confirmation that the development achieves a water efficiency limit of 110 litres/person/day under Part G of the Building Regulations shall be submitted to and approved in writing by the Local Planning Authority.

Reason: Cherwell District is in an area of water stress, to mitigate the impacts of climate change and in the interests of sustainability, to comply with Policies ESD1 and ESD3 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in the National Planning Policy Framework.

Supporting documents: