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 24/01078/OUT, an outline application for the erection of up to 10 dwellings and associated vehicular access, public open space, landscaping and other supporting infrastructure at Land West of Chinalls Close, Adj. To Banbury Road, Finmere for Hayfield Homes Construction Limited.

 

Mike Kerford-Byrnes, on behalf of Finmere Parish Council, addressed the Committee in objection to the application. 

 

Katie Hancox, agent on behalf of the applicant, addressed the Committee in support of the application. 

 

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 24/01078/OUT subject to –

 

a.    The conditions set out below (and any amendments to those conditions as deemed necessary) and  

b.    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): 

 

1. Provision of 30% affordable housing on site, or a commuted sum of £519,187.50 if a Registered Provider cannot be secured 

2. Payment of a financial contribution towards off site sports and recreation provision in the locality of £2,017.03 per dwelling, plus £804.77 per dwelling towards strategic facilities (index linked) 

3. Payment of a financial contribution towards the provision of refuse/recycling bins for the development of £106 per dwelling (index linked) 

4. Payment of a financial contribution towards the provision of Household Waste Recycling Centres of £101.88 per dwelling (index linked) 

5. On-site provision of an equipped Local Area of Play and payment of a financial contribution of £65,564.81 (index linked) towards maintenance or other management provisions thereof 

6. Payment of a financial contribution towards the maintenance of on-site Open Space 

7. Payment of a financial contribution for the monitoring of the Public Open Space of £24,880.32 (index linked) 

8. Payment of a financial contribution towards community hall facilities of £1,102.008 per dwelling (index linked) 

9. Provision of a Habitat Management and Monitoring Plan (including funding) to secure long-term biodiversity net gain 

10. Payment of a financial contribution towards public transport provision of £1,326 per dwelling (index linked) 

11. Payment of a financial contribution towards improvements to Public Rights of Way in the vicinity of the site of £15,000 (index linked) 

12. Payment of the Council’s monitoring costs to be confirmed 

 

Conditions 

 

Time Limit 

 

1.     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 two 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). 

 

Compliance with Plans 

 

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

 

P212023 02 A (site location plan) 

26717_08_020_01 C (access design) 

26717_08_020_03 K (proposed footway link) 

 

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. 

 

Prior to commencement conditions 

 

4.     Construction of the development hereby approved shall not begin prior to the approval of first reserved matters, which shall include a detailed surface water drainage scheme for the site to be 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 complete.  The scheme shall include: 

 

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

• A Flood Exceedance Conveyance Plan; 

• Detailed design drainage layout drawings of the suds proposals including cross-section details.  

 

Reason – To ensure development does not increase the risk of flooding elsewhere, in accordance with paragraph 155 of the National Planning Policy Framework and Local and National Standards. 

 

5.     Where an offence under Regulation 43 of the Habitats and Species Regulations 2017 ((or any regulation revoking or re-enacting or amending that regulation) is likely to occur in respect of the development hereby approved, no works of site clearance, demolition or construction shall take place which are likely to impact on newts until a licence to affect such species has been granted in accordance with the aforementioned Regulations and a copy thereof has been submitted to the Local Planning Authority. 

 

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. 

 

6.     Prior to the commencement of the development hereby approved, a Construction Traffic Management Plan (CTMP) shall be submitted to and approved in writing by the Local Planning Authority.  Thereafter, the development shall not be carried out other than in accordance with the approved CTMP. 

 

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

 

7.     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 saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. 

 

8.     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: 

 

1. Risk assessment of potentially damaging construction activities;  

2. Update surveys for badgers and any trees proposed for removal; 

3. Identification of ‘Biodiversity Protection Zones’; 

4. 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); 

5. The location and timing of sensitive works to avoid harm to biodiversity features; 

6. The times during construction when specialist ecologists need to be present on site to oversee works; 

7. Responsible persons and lines of communication; 

8. The role and responsibilities on site of an ecological clerk of works (ecow) or similarly competent person; 

9. Use of protective fences, exclusion barriers and warning signs 

 

9.     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.  

 

10.  Prior to the commencement of the development hereby approved a specialist acoustic consultant’s report that demonstrates that all habitable rooms within the dwelling and external areas shall achieve the noise levels specified in BS8233:2014 (Guidance on sound insulation and noise reduction for buildings) shall be submitted to and approved in writing by the Local Planning Authority. For outdoor areas, a level of 50 db laeq (16 hr) or less shall be achieved during the time period 07:00 to 23:00 hrs for domestic gardens and recreation areas used in common. Where acoustic glazing and alternative means of ventilation are required to achieve this standard, full details of these elements shall be submitted with the report for approval. Should alternative means of ventilation be required then an overheating report will also be required. Thereafter, and prior to the first occupation of the dwellings affected by this condition, the dwellings shall be insulated and maintained in accordance with the approved details.  

 

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. 

 

11.  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 splay shall be kept clear of obstructions higher than 0.6m at all times. 

 

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

 

12.  The development shall not commence until details of improvements to PROW Footpaths 213/9/20, 213/10/30, 213/1/40 and 213/10/20 within the site and at the site boundary, including layout, construction, surfacing, drainage, gates, and wayfinding, together with a timetable for delivery, have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the improvements shall be delivered in accordance with the approved details and timetable. 

 

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. 

 

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 "Land Contamination Risk Management (LCRM)" 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 12, 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. 

 

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

 

16.  No development shall commence above slab level until a scheme for biodiversity enhancement within the built environment and green spaces, which may include but not be limited to integrated roosting provision for bats and birds as well as boxes on trees, log piles, bee bricks, measures to ensure permeability (e.g. Hedgehog highways), has been submitted to and approved in writing by the Local Planning Authority.  Thereafter, the biodiversity enhancement measures approved shall be carried out prior to occupation and retained 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. 

 

17.  No development shall commence above slab level until a full external lighting strategy, including lux diagrams and in line with recommendations within the guidance note from the Bat Conservation Trust and ILP (note 08/23), has been submitted to and approved in writing by the Local Planning Authority.  The lighting scheme shall be installed in accordance with the approved details and no other external lighting shall be installed at 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. Prior to occupation conditions 

 

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

 

19.  Prior to first occupation of the development hereby approved, 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: 

 

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

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

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

4. The name and contact details of any appointed management company information. 

 

Reason – To ensure that the development/site is served by sustainable arrangements for the disposal of surface water, to comply with Policy ESD6 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. 

 

20.  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 full accordance with the approved LEMP including any/all timescales set out therein. 

 

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. 

 

21.  Prior to first occupation of the development a Travel Information Pack shall be submitted to and approved by the Local Planning Authority.  Thereafter, the first residents of each dwelling shall be provided with a copy of the approved Travel Information Pack. 

 

Reason – To ensure all residents and employees are aware from the outset of the travel choices available to them, and to comply with Government guidance contained within the National Planning Policy Framework. 

Compliance conditions 

 

22.  The approved drainage system shall be implemented in accordance with the following prior to the first occupation of the development hereby approved: 

 

Document 

Floor Risk Assessment Ref: 26717-FLD-0102 - March 2024 

 

Drawing 

Appendix H 

Proposed Drainage strategy Drawing No: 26717_01_230_02 

Outline Suds basin plan 

 

Table 

Appendix I 

Maintenance and management 

REF: Table 1.1 proposed maintenance regime 

 

Calculations 

Appendix G 

Design Calculations REF: 26717-CALC-0101 

Storage calculations only 

 

Infiltration Tests carried out by Mewies Engineering Consultants Ltd (MEC) Date: 25/08/2021 

Infiltration not viable discharge to Anglian Water at 1l/s. 

 

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

 

23.  No dwelling shall 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. 

24.  Any contamination that is found during the course of construction of the approved development that was not previously identified shall be reported immediately to the local planning authority. Development on the part of the site affected shall be suspended and a risk assessment carried out and submitted to and approved in writing by the local planning authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the local planning authority. These approved schemes shall be carried out before the development, or relevant phase of development, is resumed or continued. 

 

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 Government guidance contained within the National Planning Policy Framework 

 

Informatives: 

 

1. Notification of intention to connect to the public sewer under S106 of the Water Industry Act Approval and consent will be required by Anglian Water, under the Water Industry Act 1991.  Contact Development Services Team 0345 606 6087. 

 

2. Protection of existing assets: A public sewer is shown on record plans within the land identified for the proposed development. It appears that development proposals will affect existing public sewers. It is recommended that the applicant contacts Anglian Water Development Services Team for further advice on this matter. Building over existing public sewers will not be permitted (without agreement) from Anglian Water. 

 

3. Building near to a public sewer: No building will be permitted within the statutory easement width of 3 metres from the pipeline without agreement from Anglian Water. Please contact Development Services Team on 0345 606 6087. 

 

4. The developer should note that the site drainage details submitted have not been approved for the purposes of adoption. If the developer wishes to have the sewers included in a sewer adoption agreement with Anglian Water (under Sections 104 of the Water Industry Act 1991), they should contact our Development Services Team on 0345 606 6087 at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with Sewers for Adoption guide for developers, as supplemented by Anglian Water’s requirements.