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 24/02541/OUT, an outline planning application (with all matters reserved except for primary means of vehicular access from the A361) for the residential development of up to 130 dwellings, alongside associated access, green and blue infrastructure (including public open space, a play area, and drainage), required ground remodelling and supporting infrastructure at Land South of 3 to 5 Hartshill Close, Bloxham for William Davis Homes, Rebecca Lyndsay Smith, Alista.

 

Councillor Rob Pattenden addressed the committee as Local Ward Member.

 

Amanda Baxter, on behalf of Bloxham Parish Council, addressed the Committee in objection to the application.

 

Mark Rose, agent for the application, addressed the Committee in support of the application.

 

It was proposed by Councillor Hingley and seconded by Councillor Brant that application 24/02541/OUT be refused, contrary to the officer recommendation, for the reasons that there was a lack of a S106 agreement, and that the proposed development would be unsustainable as well as cause harm to the surrounding village and it was contrary to policy reasons Village 1, Village 2, ESD10, ESD13 and saved policies C28 and C30.

 

The proposal was debated. On being put to the vote, the motion was lost and therefore fell.

 

It was subsequently proposed by Councillor Watkins and seconded by Councillor Okeke that application 24/02541/OUT be approved, in line with the officer recommendation.

 

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

 

Resolved

 

That, in line with the officer’s recommendation, authority be delegated to the Assistant Director for Planning and Development to grant permission for application 24/02541/OUT subject to conditions, a S106 legal agreement and subject to overcoming the objection by Thames Water.

 

Conditions

 

 Compliance with the Plans

 

1. Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out in accordance with the application form and the following plans and documents:

 

·         Site location plan. Drawing no. DE 196 001.

·         Development Concept Plan. Drawing no. DE 196 003 Rev L.

·         Bloxham Movement Plan. Drawing no. DE196_006-7 Rev D.

·         Proposed Site Access Arrangement. Drawing No. 173902-ACE-XX-00-DR-C-0001 Rev D.

·         Proposed shared pedestrian and cycle access. Drawing no.173902-ACE-XX-00-DR-C-0005 Rev B.

·         Concept drainage strategy. Drawing no.17901002 Rev H

 

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.

 

Statutory Time Limit

 

2. Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of 18 months from the date of this permission and the development hereby permitted shall be begun either before the expiration of three years from the date of this permission or before the expiration of 18 months 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).

 

Reserved Matters

 

3.  Details of the layout, scale, appearance, access 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).

 

Design Code

 

4. Prior to the submission of any reserved matters application, a Design Code to include the distribution of land uses, form of buildings, street frontage, materials, servicing, parking and sustainability features shall be submitted to and approved in writing by the local planning authority. Thereafter, each reserved matters application shall be submitted in accordance with the approved Design Code.

Reason: To ensure a high quality development and appropriate infrastructure in accordance with Policies BSC8, BSC9, BSC10, BSC11, BSC12, ESD1, ESD2, ESD3, ESD5, ESD6, ESD7, ESD8, ESD10, ESD13, ESD15, ESD17 and SLE4 of the Cherwell Local Plan 2011-2031 Part 1 and Policies C28 and C30 of the Cherwell Local Plan 1996 and government guidance contained within the National Planning Policy Framework.

 

Biodiversity Enhancement Strategy

 

5. The recommendations of the Biodiversity Net Gain Assessment Design Stage Assessment and Ecological Impact Assessment prepared by CSA Environmental, dated April 2025, must be implemented prior to the occupation of the dwellings hereby approved. The development shall be carried out in accordance with these details and shall be retained as such thereafter.

 

Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

Arboricultural Method Statement

 

6. The Arboricultural Method Statement prepared by Barton Hyett Associates dated April 2025 submitted in support of the application shall be adhered to in full.

 

Reason: To safeguard and enhance the character and amenity of the site and locality and to avoid any irreversible damage to retained trees pursuant to section 197 of the Town and Country Planning Act 1990 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 contained within the National Planning Policy Framework.

 

Retained Trees

 

7. a) No retained tree shall be cut down, uprooted, damaged or destroyed, nor shall any retained tree be pruned in any manner, be it branches, stems or roots, other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. All tree works shall be carried out in accordance with BS3998: Recommendations for Tree Works.

 

b) If any retained tree is cut down, uprooted, destroyed or dies, another tree shall be planted in the same place in the next planting season following the removal of that tree, full details of which shall be firstly submitted to and approved in writing by the Local Planning Authority.

In this condition a “retained tree” is an existing tree which shall be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) shall have effect until the expiration of five years from the date of the commencement of development.

 

Reason: To safeguard and enhance the character and amenity of the site and locality and to avoid any irreversible damage to retained trees pursuant to section 197 of the Town and Country Planning Act 1990 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 contained within the National Planning Policy Framework.

 

Planting, seeding or turfing

 

8. 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.

 

Reason: In the interests of the visual amenities of the area, to ensure the creation of a pleasant environment for the development and to comply with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

Landscaping and Treatment of Open Space

 

9. No development shall commence above slab level unless and until full details of the provision, landscaping and treatment of open space within the site together with a timeframe for its provision shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the open space shall be landscaped, laid out and completed in accordance with the approved details and retained at all times as open space.

 

Reason: In the interests of amenity, to ensure the creation of a pleasant environment for the development with appropriate open 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.

 

Electric Vehicle Charging Points

10. Prior to the first occupation of the development, a scheme for the provision of a 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 unit they serve and retained as such thereafter.

 

Reason: To comply with Policies SLE 4, ESD 1, ESD 3 and ESD 5 of the 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.

 

Removal of Hedgerow

 

11. No removal of hedgerows, trees or shrubs, shall take place between the 1st March and 31st August inclusive, unless the Local Planning Authority has confirmed in writing that such works can proceed, based on health and safety reasons in the case of a dangerous tree, or the submission of a recent survey (no older than one month) that has been undertaken by a competent ecologist to assess the nesting bird activity on site, together with details of measures to protect the nesting bird interest on the site.

 

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.

 

Construction Traffic and Environment Management Plan

 

12. No development shall commence unless and until a Construction Traffic and Environment Management Plan (CTEMP) has been submitted to and approved in writing by the Local Planning Authority.  The CTEMP should include:

 

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

b.    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;

c.    Details of and approval of any road closures needed during construction;

d.    Details of and approval of any traffic management needed during construction;

e.    Details of wheel cleaning/wash facilities – to prevent mud etc, in vehicle tyres/wheels, from migrating onto adjacent highway;

f.     Details of appropriate signing, to accord with the necessary standards/requirements, for pedestrians during construction works, including any footpath diversions;

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

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

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

j.      The use of appropriately trained qualified and certificated banksmen for guiding vehicles/unloading etc;.

k.    No unnecessary parking of site related vehicles (worker transport etc) in the vicinity – details of where these will be parked 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;

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

m.  Local 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;

n.    Any temporary access arrangements to be agreed with and approved by Highways Depot;

o.    Details of times for construction traffic and delivery vehicles, which must be outside network peak and school peak hours;

p.    Details of the measures to be taken to ensure construction works do not adversely affect nearby residential buildings and the nearby Northern Valleys Conservation Target Area. Details shall also be provided of the consultation and communication to be carried out with local residents.

 

The development shall not be carried out other than in strict 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 local residents, particularly at morning and afternoon peak traffic times and to ensure the environment is protected during construction in accordance with Saved Policy ENV1 of the Cherwell Local Plan 1996 and Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

Protected Species Check

 

13. Within two months of the commencement of the development the site shall be thoroughly checked by an ecologist (member of the IEEM or similar related professional body) to ensure that no protected species, which could be harmed by the development, have moved on to the site since the previous surveys were carried out. Should any protected species be found during this check, full details of mitigation measures to prevent their harm 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 mitigation 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 and government guidance contained within the National Planning Policy Framework.

 

Habitat Management Plan

 

14. No development shall 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.    a non-technical summary

b.    the roles and responsibilities of the people or organisation(s) delivering the HMMP

c.    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.

d.    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

e.    the monitoring methodology and frequency in respect of the created or enhanced habitat

f.     Details and number and location of bird and bat boxes to be provided.

 

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.

 

Surface Water Management Strategy

 

15.  Construction shall not begin until/prior to the approval of first reserved matters; 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 subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall include:

 

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

b.    Full drainage calculations for all events up to and including the 1 in 100-year plus 40% climate change;

c.    A Flood Exceedance Conveyance Plan;

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

e.    Detailed maintenance management plan in accordance with Section 32 of CIRIA C753 including maintenance schedules for each drainage element; and

f.     Details of how water quality will be managed during construction and post development in perpetuity;

g.    Confirmation of any outfall details;

h.    Consent for any connections into third party drainage systems; and

i.      Details of the management of the culvert running between the site and the recreation ground opposite to ensure it is kept clear from debris at all times.

 

Reason: To prevent environmental and amenity problems arising from flooding and to comply with government guidance contained within the National Planning Policy Framework.

 

SuDS As Built and Maintenance Details

 

16. 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 .pdf 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.

 

Reason: To prevent environmental and amenity problems arising from flooding and to comply with government guidance contained within the National Planning Policy Framework.

 

Travel Information Pack

 

17. Prior to first occupation of any of the dwellings hereby approved, a Travel Information Pack shall be submitted to and approved in writing by the local planning authority. The first residents of each dwelling shall be provided with a copy of the approved Travel Information Pack.

 

Reason: To encourage occupiers of the new dwellings to use sustainable modes of transport in accordance with the National Planning Policy Framework.

 

Access

 

18. No development shall commence unless and until full details of the means of access between the land and the highway, including, position, layout, construction, drainage and vision splays have been submitted to and approved in writing by the Local Planning Authority. The means of access shall be constructed in strict accordance with the approved details and shall be retained and maintained as such thereafter. Agreed vision splays shall be kept clear of obstructions higher than 0.6m at all times.

 

Reason: In the interests of highway safety and to comply with ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government Guidance contained within the National Planning Policy Framework.

 

Cycle Parking Provision

 

19. 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 which shall have first been 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: To ensure acceptable cycle provision and to comply with ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government Guidance contained within the National Planning Policy Framework.

 

Contamination Intrusive Investigation

 

20. 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 "Land Contamination Risk Management (LCRM)" 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 government guidance contained within the National Planning Policy Framework.

 

Contamination Remediation

 

21. If contamination is found by undertaking the work carried out under condition 20, 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  "Land Contamination Risk Management (LCRM)" 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 government guidance contained within the National Planning Policy Framework.

 

Contamination. Completion of Remedial Works

 

22. If remedial works have been identified in condition 20, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 21.  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 government guidance contained within the National Planning Policy Framework.