Agenda item

Approved in line with officer recommendation, subject to conditions. Details to be set out in the minutes.

The Committee considered application 24/02712/F, for Erection of 6 no. dwellings, with associated open space, landscaping, parking and other associated works at Playground, Morton Close, Kidlington, for Ede Holdings Ltd

 

Councillor Ian Middleton addressed the Committee as Local Ward Member.

 

Harry Ramsey on behalf of the 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:

 

CONDITIONS

 

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.

 

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:

 

§  Application form

§  Planning Statement

§  Drawing number K54/P/01 Rev B – [Floor plans, elevations and block

§  and location plans]

§  Tree survey report, impact appraisal and tree protection details

§  prepared by Venners Arboriculture dated August 2024

§  Ecological Impact Assessment and Biodiversity Net Gain Assessment

§  prepared by Windrush Ecology dated November 2024

§  Biodiversity Report prepared by Thames Valley Environmental Records

§  Centre dated 10/09/2024.

§  Biodiversity Metric

§   

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.

 

3. A schedule of materials and finishes to be used in the external walls and roofs

of the building shall be submitted to and approved in writing by the Local

Planning Authority prior to commencement of those works. The development

shall thereafter be completed in accordance with the approved details.

Reason: To ensure that the development is constructed and finished in

materials which are in harmony with the building materials used in the locality

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.

 

4. 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 prior to the

commencement of those works. Such approved means of enclosure, in respect

of those dwellings which are intended to be screened, shall be erected prior to

the first occupation of those dwellings.

 

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

to safeguard the privacy of the occupants of the existing and proposed dwellings

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

saved Policies C28 and C30 of the Cherwell Local Plan 1996 and Government

guidance contained within the National Planning Policy Framework.

 

5. Prior to the first occupation of the development hereby approved, full details of

the refuse bin storage for the site, including location and compound enclosure

details, shall be submitted to and approved in writing by the Local Planning

Authority. Thereafter and prior to the first occupation of the dwellings, the refuse

bin storage area shall be provided in accordance with the approved details and

retained unobstructed except for the storage of refuse bins.

Reason: In order that proper arrangements are made for the disposal of waste,

and to ensure the creation of a satisfactory environment free from intrusive

levels of odour/flies/vermin/litter in accordance with saved Policy ENV1 of the

Cherwell Local Plan 1996 and Government guidance contained within the

National Planning Policy Framework.

 

6. Notwithstanding the submitted plans, 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 to be first submitted to and

approved in writing by the Local Planning Authority. The covered cycle parking

facilities so provided shall thereafter be permanently retained and maintained

for the parking of cycles in connection with the development.

Reason: In the interests of promoting sustainable transport modes in

accordance with Policy ESD1 of the Cherwell Local Plan 2015 and Government

guidance contained within the National Planning Policy Framework.

 

7. Prior to the construction of the parking and manoeuvring area of the

development hereby approved, full specification details (including construction,

layout, surfacing and drainage) of the parking and manoeuvring areas shall be

submitted to and approved in writing by the Local Planning Authority.

Thereafter, and prior to the first occupation of the development, the parking and

manoeuvring areas shall be provided on the site in accordance with the

approved details and shall be retained unobstructed except for the parking and

manoeuvring of vehicles at all times thereafter.

 

Reason: In the interests of highway safety, to ensure the provision of adequate

off-street car parking and to comply with Policies ESD7 and ESD15 of the

Cherwell Local Plan 2015 and Government guidance contained within the

National Planning Policy Framework.

 

8. The development shall not commence until a Habitat Management and

Monitoring Plan (HMMP), prepared in accordance with an approved Biodiversity

Gain Plan, has been submitted to and approved in writing by the local planning

authority. The HMMP shall include:

 

§  a non-technical summary

§  the roles and responsibilities of the people or organisation(s) delivering the

§  HMMP

§  the planned habitat creation and enhancement works to create or improve

§  habitat to achieve the biodiversity net gain in accordance with the

§  approved Biodiversity Gain Plan

§  the management measures to maintain habitat in accordance with the

§  approved Biodiversity Gain Plan for a period of 30 years from the approved

§  completion date of the development

§  the monitoring methodology and frequency in respect of the created or

§  enhanced habitat

§  Notice in writing shall be given to the local planning authority when the:

§  HMMP has been implemented

§  habitat creation and enhancement work as set out in the HMMP have

§  been completed.

 

The created and/or enhanced habitat specified in the approved HMMP shall be

managed and maintained in accordance with the approved HMMP or such

amendments as agreed in writing by the local planning authority.

Monitoring reports shall be submitted to the local planning authority in writing

for approval in accordance with the methodology and frequency specified in the

approved HMMP.

 

Reason: To ensure the development delivers a biodiversity net gain on site in

accordance with Schedule 7A of the Town and Country Planning Act 1990.

 

9. Prior to the commencement of the development hereby approved, including any

demolition and any works of site clearance, a mitigation strategy for badgers

(and provision for fox), which shall include details of a recent survey (no older

than six months), whether a development licence is required and the location

and timing of the provision of any protective fencing around setts/commuting

routes, 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 details.

 

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.

 

10. No development shall take place (including demolition, ground works,

vegetation clearance) until a Biodiversity Improvement and Management Plan

(BIMP) has been submitted to and approved in writing by the Local Planning

Authority. The BIMP shall include as a minimum:

 

a) Location and type of habitats to be retained and enhanced;

b) Location and type of habitats to be created;

c) Specification, number and location of bird, bat, invertebrate and hedgehog

boxes;

d) Management measures for each habitat and species box; and

e) Monitoring regime for ensuring compliance against the Net Gain Plan for the

scheme.

 

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, in accordance with the Environment Act 2021 and

Government guidance contained within the National Planning Policy

Framework.

 

11. 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; and

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.

 

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.

 

12. No drainage works shall commence until a surface water management strategy

has been submitted to and approved in writing by the Local Planning Authority.

No hard-standing areas to be constructed until the works have been carried out

in accordance with the surface water strategy so approved.

 

Reason: To prevent environmental and amenity problems arising from flooding

in accordance with Policy ESD7 of the Cherwell Local Plan 2011-2031 Part 1

and to comply with Government guidance contained within the National

Planning Policy Framework.

 

13. 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 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.

 

14. If a potential risk from contamination is identified as a result of the work carried

out under condition 13, 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 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.

 

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

14, 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 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.

 

16. If remedial works have been identified in condition 15, the development shall

not be occupied until the remedial works have been carried out in accordance

with the scheme approved under condition 13. 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 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.

 

17. Prior to the commencement of the development, a Construction Environment

Management Plan (CEMP), which shall include details of the measures to be

taken to ensure construction works do not adversely affect residential or other

sensitive properties on, adjacent to or surrounding the site together with details

of the consultation and communication to be carried out with the occupiers of

those properties shall be submitted to and approved in writing by the Local

Planning Authority. Thereafter the development shall be carried out in

accordance with approved CEMP.

 

Reason: To ensure 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.

 

18. The dwellings shall not be occupied until it has been constructed to ensure that

it achieves a water efficiency limit of 110 litres person/day and shall continue to

accord with such a limit thereafter.

 

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.

 

19. Prior commencement of the development, an arboricultural method statement

(in line with BS58737:2012) setting out protective measures and working

practices to ensure the retention of T7, T8 and T9 (third party trees), shall be

submitted to and approved in writing by the Local Planning Authority.

Thereafter, the works shall be carried out in accordance with the approved

arboricultural method statement

 

Reason: In the interests of the visual amenities of the area and to comply with

good arboricultural practice and government guidance contained within the

National Planning Policy Framework.

 

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

‘Tree Survey Report, Impact Appraisal and Tree Protection Details’ report

prepared by Venners Arboriculture dated August 2024.

 

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, Policy C28 of the Cherwell Local Plan 1996 and

Government guidance contained within the National Planning Policy

Framework.

 

21. Prior to commencement of any works to the trees on the site, full details of

replacement tree planting, including number, location, species and size at time

of planting shall be submitted to and approved in writing by the Local Planning

Authority. Thereafter, the replacement tree(s) shall be planted in the first

planting season (mid-November to end of March) following the removal of the

tree(s) for which consent has been granted and any tree which, within a period

of five years from being planted dies, is removed or becomes seriously

damaged or diseased, shall be replaced in the current/next planting season in

accordance with the approved details and the wording of this condition.

 

Reason: In the interests of the visual amenities of the area and to comply with

good arboricultural practice and Government Guidance contained within the

National Planning Policy Framework.

 

Planning Notes

 

1. Please note if works are required to be carried out within the public highway, the

applicant shall not commence such work before formal approval has been granted

by Oxfordshire County Council by way of legal agreement between the applicant

and Oxfordshire County Council. This is separate from any planning permission

that may be granted. (Contact – 0845 310 1111 or refer to

https://www.oxfordshire.gov.uk/cms/content/dropped-kerbs for this action).

 

2. In accordance with mandatory Biodiversity Net Gain requirements, the application

is reminded of the requirement to submit a Biodiversity Gain Plan as set out in the

PPG ‘Biodiversity Net Gain’.