Agenda item

Approved in line with officer recommendation, subject to conditions, and completion of a S106 legal agreement. Details to be set out in the minutes.

The Committee considered application 24/02514/OUT, an Outline planning application for up to 114 dwellings and associated open space with all matters reserved other than access - re-submission of 23/03366/OUT at Land Opposite Hanwell Fields Recreation Adjacent to Dukes Meadow Drive, Banbury, for Mr & Mrs Donger & Manor Oak Homes.

 

Geoff Armstrong, Agent, addressed the meeting in support of the application.

 

In reaching its decision the Committee considered the officer’s report and presentation, and the addresses of the public speakers.

 

Resolved 

 

That, in line with the officer’s recommendation, authority be delegated to the Assistant Director for Planning and Development to grant permission subject to:

 

i.                 The conditions set out below (and any amendments to those

Conditions as deemed necessary) and

ii.                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):

 

a)Highway Works (1) - £232,239 (index linked)

b)Transport Infrastructure Contribution - £18,712 (indexed linked)

c)Travel Plan Monitoring - £9,220 (index linked)

d)Payment of the District Council and County Council monitoring   costs – (TBC)

e)That the developer commits to enter into.

 

CONDITIONS AND REASONS

 

TIME LIMITS AND GENERAL IMPLEMENTATION CONDITIONS

 

1 Quantum of Development

 

The development hereby permitted shall comprise a maximum floorspace of 11, 929

sqm and shall be used only for purposes falling within Class E (g) of the Town and

Country Planning (Use Classes) Order 1987 (as amended), of which no more than 50% (5, 964.5 sqm) shall be utilised for purposes falling within Class E(g)(i) (including ancillary uses) of the Town and Country Planning (Use Classes) Order 1987 (as amended).

 

Reason: In order to retain planning control over the use of the site.

 

2 Statutory Time Limit

 

The development hereby permitted shall be begun before the expiration of three years from 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.

 

3 Compliance with plans

 

The development shall not be carried out otherwise than in complete accordance with the approved plans:

-Site Location Plan, ref; 23022-TP-001, dated 11 April 2024

-Proposed Site Plan, ref; 23022-TP-002C, dated 13 November 2024

-Proposed Site Finishes Plan, ref: 23022-TP-002C, dated 13 November 2024

-Proposed Ground and First Floor Plan – Unit 13, ref; 23022-TP-004, dated 11 April

2024

-Proposed Second Floor and Roof Plan – Unit 13, ref; 23022-TP-005, dated 11 April

2024

-Proposed Elevation – Unit 13, ref; 23022-TP-007, dated 11 April 2024

-Proposed Section – Unit 13, ref; 23022-TP-006, dated 11 April 2024

Proposed Ground and First Floor Plan – Unit 14, ref; 23022-TP-008, dated 11 April

2024

-Proposed Second Floor and Roof Plan – Unit 14, ref; 23022-TP-009, dated 29 January

2024

-Proposed Elevation – Unit 14, ref; 23022-TP-011, dated 11 April 2024

-Proposed Section – Unit 14, ref; 23022-TP-010, dated 11 April 2024

Proposed Ground and First Floor Plan – Unit 15, ref; 23022-TP-012, dated 11 April

2024

-Proposed Second Floor and Roof Plan – Unit 15, ref; 23022-TP-013, dated 11 April

2024

-Proposed Elevation – Unit 15, ref; 23022-TP-015, dated 11 April 2024

-Proposed Section – Unit 15, ref; 23022-TP-014, dated 11 April 2024

-Cycle Shelter Details, ref; 23022-TP-016, dated 12 April 2024

-Refuse Enclosure Details, ref; 23022-TP-017, dated 12 April 2024

-Entrance Canopy Details, ref; 23022-TP-018, dated 12 April 2024

-Fencing and Barrier Protection Details, ref; 23022-TP-019, dated 12 April 2024

-External Finishes Sample Board, ref; 23022-TP-019, dated 12 April 2024

-Detailed Soft Landscaping Proposals Sheet 1-6, ref; LB467_D01F, dated 7 November 2024.

-HGV Tracking Charles Shouler Way, ref; 26019-04-TRK-C, dated 8 October 2024

-Flood Risk Assessment and Drainage Strategy, prepared by Bailey Johnson Hayes --Consulting Engineers (ref. S1502-FRA-V3 issue/revision 3) dated 15 October 2024

-Sustainable Urban Drainage Maintenance and Management Plan, ref; S1502, dated

October 2024

-Exceedance Flow Route Plan, ref; S1502-05D, dated 14 October 2024

-Typical Drainage Details, ref; S1502-04B, dated 9 May 2024

-FW Drainage Layout, ref; S1502-03E, dated 14 October 2024

-SW Drainage Layout, ref; S1502-02E, dated 14 October 2024

-External Works and Levels, ref; S1502-01H, dated 11 October 2024.

-Ecology Impact Assessment by Tyler Grange, ref; 16582-R10b, dated 13 November

2024

-Existing Habitat Features Plan, ref; 16582/P01, dated December 2024

-Proposed Habitat Features Plan, ref; 16582/P02, dated December 2024

-Energy Statement by ESC, dated 9th May 2022.

-Catalyst Phase 4 / Bicester Gateway BREEAM Pre-Assessment Cover Letter, ref;

503766, dated 7 March 2024

- Catalyst Phase 4 / Bicester Gateway BREEAM Assessment Tracker by Scott White

and Hookins, dated 4 March 2024.

-Catalyst Phase 4, Bicester, Oxfordshire Written Scheme of Investigation for

Archaeological Monitoring and Recording by Cotswold Archaeology, ref; CA Project

MK1025, dated May 2024

-Arboricultural Impact Assessment by Tyler Grange, ref; 16562-R10a, dated 6

November 2024

- Highways Technical Note Addendum by DTA Transport Planning Consultants, ref;

SKP/26019-05, dated 12 September 2024.

-Landscape Management Plan (awaiting receipt of amendment)

-Detailed Soft Landscaping Specifications (awaiting receipt of amendment)

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.

 

4 Prohibition of Outside Storage

 

No goods, materials, plant or machinery shall be stored, repaired, operated or displayed outside the buildings hereby approved unless otherwise approved in writing by the Local Planning Authority.

 

Reason: In order to safeguard the visual amenities of the area in accordance with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996.

 

5 Flood Risk

 

The development hereby permitted shall be carried out in accordance with the

submitted Flood Risk Assessment and Drainage Strategy, prepared by Bailey Johnson Hayes Consulting Engineers (ref. S1502-FRA-V3 issue/revision 3) dated 15 October 2024, Sustainable Urban Drainage Maintenance and Management Plan, ref; S1502, dated October 2024, Exceedance Flow Route Plan, ref; S1502-05D, dated 14 October 2024, Typical Drainage Details, ref; S1502-04B, dated 9 May 2024, FW Drainage Layout, ref; S1502-03E, dated 14 October 2024, SW Drainage Layout, ref; S1502-02E, dated 14 October 2024 and External Works and Levels, ref; S1502-01H, dated 11 October 2024.

The development shall thereafter be implemented in accordance with the approved

surface and foul water drainage scheme (including flood mitigation measures) and shall not be occupied until the approved surface and foul water drainage scheme has been full laid out and completed.

 

Reason - In accordance with paragraph 170 of the National Planning Policy Framework

to reduce the risk of flooding on-site and elsewhere in accordance with Policy ESD6

and ESD7 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in

the National Planning Policy Framework.

 

6 SUDS

 

Prior to first occupation, 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:

 

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

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

(c) Photographs to document the completed installation of the drainage structures on

site;

(d) The name and contact details of any appointed management company information.

 

Reasons: To ensure that the principles of sustainable drainage are incorporated into

this proposal.

 

7 Landscape Planting

 

All planting, seeding or turfing comprised in the approved details of landscaping shall

be carried out in the first planting and seeding seasons following the occupation of the building(s) or the completion of the development (whichever is the sooner) and shall be maintained for a period of 5/10 years from the completion of the development. Any trees and/or shrubs which within a period of five/ten years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation.

 

Reason: To ensure that the agreed landscaping scheme is maintained over a

reasonable period that will permit its establishment in the interests of visual amenity

and to accord with 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.

 

8 Landscape Management Plan

 

Wording TBC as waiting for amended document.

 

9 Land Contamination not Previously Identified

 

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.

 

10 Archaeology

 

Prior to any demolition on the site and the commencement of the development (other

than in accordance with the submitted document Catalyst Phase 4, Bicester,

Oxfordshire Written Scheme of Investigation for Archaeological Monitoring and

Recording CA Project MK1025 Cotswold Archaeology 2024), 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 NPPF (2024).

 

PRE COMMENCEMENT CONDITIONS

 

11 Construction Management Plan (CMP)

 

No development shall take place, including any works of demolition until a Construction Management Plan (CMP) has been submitted to and approved in writing by the Local Planning Authority. The CMP shall be appropriately titled (site and planning permission number) and as shall provide for at a minimum;

Routing of construction traffic and delivery vehicles including 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;

·        Measures to control the emission of dust and dirt during construction;

·       Measures to mitigate noise pollution arising from construction of

·       development;

·        Details of appropriate signing, to accord with the necessary

·        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 onsite

·        works to be provided;

·        Details of the loading and unloading of plant and materials and the use of

·        appropriately trained, qualified and certificated banksmen for guiding

·        vehicles/unloading etc;

·        Details of arrangements for site related vehicles (worker transport etc);

·        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;

·        Any temporary access arrangements;

·        Delivery, demolition and construction working hours (which must be outside

·        network peak hours);

·        Storage of plant and materials used in constructing the development;

·        scheme for recycling/ disposing of waste resulting from demolition and

·        construction works.

 

The approved Construction Management Plan shall be adhered to throughout the

construction period for the development.

 

Reason: In the interests of highway safety and to ensure that the environment is

protected during construction in accordance with Policy ENV1 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.

 

12 Construction Environmental Management Plan (CEMP) for Biodiversity

 

No development shall take place (including demolition, ground works, vegetation

clearance) until a Construction Environmental Management Plan (CEMP: Biodiversity) based on the measures outlined in the Ecology Impact Assessment by Tyler Grange, ref; 16582-R10b, dated 13 November 2024 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.

 

13 Arboricultural Method Statement (AMS)

 

No development shall take place until an Arboricultural Method Statement (AMS)

(which includes tree protection measures), undertaken in accordance with

BS:5837:2012 and all subsequent amendments and revisions has been submitted to

and approved in writing by the Local Planning Authority.

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 C28 of the adopted 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.

 

14 Materials

 

No development of the building and associated structures above slab level shall take

place until samples including sample panels of the materials to be used in the

construction of the external surfaces has been submitted and approved in writing by

the Local Planning Authority.

The development shall be constructed in accordance with the approved samples, which shall not be removed from site until the completion of the development.

 

Reason – To ensure that the materials are appropriate to the appearance of the locality and to ensure the satisfactory appearance of the completed development in

accordance with Policy ESD15 of the Cherwell Local Plan 2011–2031 Part 1 and

Government guidance contained within the National Planning Policy Framework.

 

15 Biodiversity Enhancement Management Plan (BEMP) (pre-com)

 

Wording TCB by Ecology.

 

16 Habitat Management and Maintenance Plan (pre-com)

 

Wording TBC by Ecology.

 

17 Air Quality

 

Prior to the commencement of the development hereby permitted a detailed air quality impact assessment to identify the impact of the development on local air quality shall be submitted to and approved in writing by the Local Planning Authority. The assessment shall include damage cost calculations where applicable along with

detailed mitigation measures proposed by the developer, in order to address any

adverse impacts on local air quality. This shall have regard to the Cherwell District

Council Air Quality Action Plan and no development shall take place until the Local

Planning Authority has given its written approval that it is satisfied that the impact of the development on air quality has been adequately quantified.

Awaiting comments for Environment Protection on acceptability of AQA before finalising the condition to either a pre-commencement or compliance condition.

 

CONDITIONS REQUIRING APPROVAL OR COMPLIANCE BEFORE OCCUPATION

 

18 Framework Travel Plan

 

Prior to the first occupation of the development hereby approved, a Framework Travel Plan, prepared in accordance with the Department of Transport’s Best Practice Guidance Note "Using the Planning Process to Secure Travel Plans", shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be implemented and operated in accordance with the approved details.

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.

 

19 Travel Plans

 

Prior to the first occupation of the development hereby approved, individual Travel

Plans for the three units, prepared in accordance with the Department of Transport’s

Best Practice Guidance Note "Using the Planning Process to Secure Travel Plans" and reflecting the measures set out in the Framework Travel Plan, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be implemented and operated in accordance with the approved details.

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.

 

20 Thames Water

 

No development shall be occupied until confirmation has been provided that all water

network upgrades required to accommodate the additional demand to serve the

development have been completed.

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.

 

21 Water Use

 

Prior to the first occupation of each unit, details of the measures to be installed in that

unit to minimise water consumption shall be submitted to and approved in writing by

the local planning authority.

The development shall be carried out in accordance with the approved details. The

measures shall thereafter be retained in an operational condition.

Reason - In the interests of sustainability in accordance with the requirements of Policy

ESD3 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance

contained within the National Planning Policy Framework.

 

22 Boundary enclosures

 

Prior to the occupation of any unit, full details of the enclosures along all boundaries

and within The Site shall be submitted to and approved in writing by the Local Planning Authority. Such approved means of enclosure shall be erected prior to the first occupation of any unit.

Reason: To ensure the satisfactory appearance of the completed development to

comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and

Government guidance contained within the National Planning Policy Framework.

 

23 Lighting strategy

 

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 in relation to ecological impact, 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 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.

 

24 Energy Measures

 

Prior to the construction of any building above slab level, details of the materials,

specifications, location of the measures outlined in the submitted Energy Statement by ESC, dated 9th May 2022, to increase energy efficiency and thermal performance and reduce carbon emissions including the provision of renewable energy measures shall be submitted to and approved in writing by the Local Planning Authority. The

development shall be carried out in accordance with the approved scheme of materials, specifications and measures and the provision of renewable energy measures shall be installed prior to the first occupation of the building.

Reason: To encourage the use of renewable and low carbon energy in accordance with

Policy ESD1-5 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance

contained within the National Planning Policy Framework.

 

25 Electric Vehicle Charging

 

No development shall commence above slab level unless and until a scheme for electric vehicle infrastructure to serve the development has been submitted and approved in writing by the Local Planning Authority. The approved electrical vehicle charging infrastructure shall be provided in accordance with the approved details prior to the first occupation of the dwelling it serves.

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 in accordance with Government guidance contained within the National

Planning Policy Framework.

 

26 Scheme of Public Art

 

Wording to TBC.