Agenda item

 

         

 

  Approved, conditions to be set out in the minutes           

 

 

 

The Committee considered application 22/00203/OUT, outline application for the erection of up to 10no houses, with all matters reserved except access.

 

Anthony Hartwell, local resident addressed the committee in objection to the application.

 

Wesley McCarthy, agent for the applicant addressed the committee in support of this application.

 

In reaching its decision the Committee considered the officers report,

presentation, the written update, and address from the public speakers.

 

Resolved

 

(1)  That authority be delegated to the Assistant Director for Planning and Development to grant permission, subject to the conditions set out below (and any amendments to those conditions as deemed necessary) and 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):

 

Conditions:

 

1.    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 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 (Development Management Procedure (England)) Order 2015 (as amended).

 

2.    Details of the layout, scale, appearance, 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).

 

 

3.    No development shall commence unless and until full details of the means of access between the land and the adjacent plot, including, position, layout, construction, drainage have been submitted to and approved in writing by the Local Planning Authority. The means of access shall be constructed in full accordance with the approved details prior to first occupation and shall be retained as such thereafter.

 

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

 

4.    Before the development permitted is commenced a swept path analysis for all vehicles including Delivery and Emergency Service vehicles (such as a Fire Tender shall be submitted to, and approved in writing by, the Local Planning Authority to demonstrate that all vehicles can safely and easily enter and exit the parking space for all the parking bays.

 

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

 

5.    No development shall commence unless and until details of the cycle parking areas, including dimensions and means of enclosure, have been submitted to and approved in writing by the Local Planning Authority. The cycle parking shall be provided in strict accordance with the details approved prior to the first occupation of the development

and shall thereafter be retained solely for the purpose of the parking of cycles.

 

Reason: To encourage the use of sustainable modes of transport

 

6.    No development shall commence unless and until full details of the improvements to footpaths including, position, layout, construction, drainage, vision splays and a timetable for the delivery of the improvements have 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 details, which shall be provided prior to the first occupation of the development.

 

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

 

7.    No building shall be occupied until the vehicular accesses, driveways, car, and cycle parking spaces, turning areas (for cars and refuse vehicles of not less than 11.6m in length), and parking courts that serve the buildings has been constructed, laid out, surfaced, lit and drained in accordance with details that have been first submitted to and approved in writing by the Local Planning Authority.

 

Reason: In the interests of highway safety in accordance with the National Planning Policy Framework.

8.     No development shall commence unless and until a plan showing detail of the site’s Pedestrian and Cycle routes connectivity with existing pedestrian and cycle routesclose to development and PROW has been submitted to and approved in writing bythe Local Planning Authority.

 

Reason: in the interest of sustainable travel.

 

9.    Prior to the first occupation of the development a Residential Travel Plan and Residential Travel Information Pack shall be submitted to and approved in writing by the Local Planning Authority.

 

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.

 

10. No development shall commence unless and until a construction traffic management plan has been submitted to and approved by the Local Planning Authority. The CTMP will need to incorporate the following in detail and throughout development the approved plan must be adhered to

 

• The CTMP must be appropriately titled, include the site and planning permission number.

 

• Routing of construction traffic and delivery vehicles is required to be shown and signed appropriately to the necessary standards/requirements. This includes means of access into the site.

 

• Details of and approval of any road closures needed during construction.

 

• Details of and approval of any traffic management needed during

construction.

 

• Details of wheel cleaning/wash facilities – to prevent mud etc, in vehicle

tyres/wheels, from migrating onto adjacent highway.

 

• Details of appropriate signing to accord with standards/requirements, for

pedestrians during construction works, including any footpath diversions.

 

• The erection and maintenance of security hoarding / scaffolding if required.

 

• A regime to inspect and maintain all signing, barriers etc.

 

• Contact details of the Project Manager and Site Supervisor responsible for on-site works to be provided.

 

• The use of appropriately trained qualified and certificated banksmen for

guiding vehicles/unloading etc.

• No unnecessary parking of site related vehicles (worker transport etc) in the vicinity – details of where these will park, and occupiers transported to/from site to be submitted for consideration and approval. Areas to be shown on a plan not less than 1:500.

 

• Layout plan of the site that shows structures, roads, site storage, compound, pedestrian routes etc.

 

• A before-work commencement highway condition survey and agreement with a representative of the Highways Depot – contact 0845 310 1111. Final correspondence is required to be submitted.

 

• Residents to be kept informed of significant deliveries and liaised with

through the project. Contact details for person to whom issues should be

raised with in first instance to be provided and a record kept of these and

subsequent resolution.

 

• Any temporary access arrangements to be agreed with and approved by

Highways Depot.

 

• Details of times for construction traffic and delivery vehicles, which must be outside network peak and school peak hours. The development must be carried out in full accordance with the approved CTMP.

 

Reason: In the interests of highway safety and to mitigate the impact of construction vehicles on the surrounding highway network, road infrastructure and residents, particularly at morning and afternoon peak traffic times

 

11. 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 Managementof 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.

 

12. If a potential risk from contamination is identified because of the work    carried out under condition 11, 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.

 

 

13. If contamination is found by undertaking the work carried out under condition 12 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.

 

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.

 

14. If remedial works have been identified in condition 11, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 12. 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.

 

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.

15. 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 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.

 

16.  No development shall commence unless and until a Construction Environmental Management Plan (CEMP), which shall include details of the measures to be taken to ensure construction works do not adversely affect residential properties on, adjacent to or surrounding the site, together with the details of the consultation and communication to be carried out with local residents 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 CEMP.

 

Reason: To ensure the creation of a satisfactory environment free from intrusive levels of noise in accordance with Saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

17.  No development shall commence unless and until 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 National Planning Policy Framework.

 

18.  Following the approval of the Written Scheme of Investigation referred to in condition17, and prior to the commencement of the development (other than in accordance with the agreed Written Scheme of Investigation), a programme of archaeological 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 within two years of the completion of the archaeological fieldwork.

 

 

 

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 National Planning Policy Framework.

 

19.  Construction shall not begin until a detailed surface water drainage scheme for the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall include:

 

• A compliance report to demonstrate how the scheme complies with the "Local Standards and Guidance for Surface Water Drainage on Major Development in Oxfordshire";

 

• Full drainage calculations for all events up to and including the 1 in 100 years plus 40% climate change and 10% urban creep (Note: the Cv values should be set to 0.95 and MADD should be 0.0);

 

• A Flood Exceedance Conveyance Plan.

 

• Comprehensive infiltration testing across the site to BRE DG 365.

 

• Detailed design drainage 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.

 

• Details of how water quality will be managed during construction and post

development in perpetuity; and

 

• Consent for any connections into third party drainage systems

 

Reason: To ensure that there is no flooding due to the site drainage and that the water environment is protected and in accordance with Government guidance contained within the National Planning Policy Framework.

 

20.   Prior to the first occupation of the development a record of the installed SuDS and site wide drainage scheme shall be submitted to and approved in writing by the Local Planning Authority for deposit with 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;

 

• The name and contact details of any appointed management company

information.

 

Reason: In accordance with section 21 of the Flood and Water Management Act 2010 and Government guidance contained within the National Planning Policy Framework

 

21.  Prior to first occupation of the development hereby approved a Landscape and Ecology Management Plan (LEMP) 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 details.

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.

 

22.  No development shall commence, including any demolition, any works of site clearance and prior to the introduction of any construction machinery onto the site, until protective fencing and warning notices have be erected on the site in accordance with the approved Construction Environmental Management Plan. All protective fencing and warning signs shall be maintained in accordance with approved details for the entirety of the construction phase.

 

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.

 

23.  Prior to the commencement of the development, including any demolition and any works of site clearance, full details of the role, responsibilities, and operations to be overseen by a qualified supervising ecologist shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be overseen by the qualified ecologist in accordance with the approved details.

 

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.

 

24.  Construction Environmental Management Plan (CEMP) for Biodiversity – PC

No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (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.

 

25.  Notwithstanding the details of the indicative layout plan details of the provision, landscaping, and treatment of open space/play space within the site together with a timeframe for its provision shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of those works. Thereafter the open space/play space shall be landscaped, laid out and completed in accordance with the approved details and retained at all times as open space/play space.

 

Reason: In the interests of amenity, to ensure the creation of a pleasant environment for the development with appropriate open space/play space and to comply with Policy BSC11 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

26.  No development shall take place until the existing tree(s) to be retained [have been protected in the following manner unless otherwise previously agreed in writing by the Local Planning Authority.

 

a) Protective barriers shall be erected around the tree(s) to a distance not less than a radius of 12 times the trunk diameter when measured at 1.5m above natural ground level (on the highest side) for single stemmed trees and for multi-stemmed trees 10 times the trunk diameter just above the root flare.

 

b) The barriers shall comply with the specification set out in British Standard

BS5837:2012 ‘Trees in Relation to Construction – Recommendations’ that is steel mesh panels at least 2.3m tall securely fixed to a scaffold pole framework with theuprights driven into the ground a minimum of 0.6m depth and braced with additionalscaffold poles between the barrier and the tree[s] at a minimum spacing of 3m.

 

c)The barriers shall be erected before any equipment, machinery or materials are brought onto the site for the purposes of development [and / or demolition] and shall be maintained until all equipment, machinery and surplus material has been removed from the site.

 

d) Nothing shall be stored or placed within the areas protected by the barriers erected in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made, without the written consent of the Local Planning Authority.

 

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 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. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

        

27.  The development shall be constructed to meet as a minimum the higher Building Regulation standard Part G for water consumption limited to 110 litres per person per day.

 

Reason: Cherwell District Council 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.