Agenda item

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

The Committee considered application 24/02167/F for the change of use of land to a 4 pitch travellers caravan site and erection of stable building a re-submission of application 23/02886/F, at Land North of A4221 Bicester Road, Fringford

by Mr J Bell.

 

Ginny Hope, on behalf of Fringford Parish Council, addressed the Committee in objection to the application.    

 

Angus Murdoch, Agent for the applicant, addressed the Committee in support of the application.

 

It was proposed by Councillor Biegel and seconded by Councillor Thornhill that application 24/02167/F 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 24/02167/F subject to conditions set out below (and any amendments to those conditions as deemed necessary).

 

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 form and following approved plans and documents:

 

·       Drawing number TDA.2836.01 – [Site Location Plan]

·       Drawing number TDA.2836.03 – [Proposed Site Layout &Outline Landscape Scheme]

·       Drawing number TDA.2836.05 – [Proposed Stable Block: Plans and Elevations]

·       Drawing number TDA.2836.04 – [Proposed Day Room: Plans and Elevations]

·       Planning Statement prepared by Murdoch Planning Limited dated August 2024

·       Transportation Planning, Highway Design and Environmental Assessment prepared by The Hurlstone Partnership dated July 2024

·       Noise Statement prepared by LD Acoustics dated March 2023

 

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.     The site shall not be occupied by any persons other than Gypsies and Travellers, defined as persons of nomadic habit of life whatever their race or origin, including such persons who on grounds only of their own or their family’s or dependants’ educational or health needs or old age have ceased to travel temporarily or permanently, but excluding members of an organised group of travelling showpeople or circus people travelling together as such.

 

Reason: This consent is only granted in view of the special circumstances and needs of the applicant, which are sufficient to justify overriding the normal planning policy considerations which would normally lead to a refusal of planning consent and to comply with Government guidance contained Planning Policy for Traveller Sites.

 

4.     No more than four caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 as amended, of which no more than four shall be static caravans, shall be stationed on the site at any time.

 

Reason: This consent is only granted in view of the special circumstances and needs of the applicant, which are sufficient to justify overriding the normal planning policy considerations which would normally lead to a refusal of planning consent and to comply with government guidance contained within thePlanning Policy for Traveller Sites.

 

5.     All tourers maintained within the site shall only be used ancillary to and in connection with a mobile / static home on the site and shall not be used as independent residential accommodation.

 

Reason: To ensure the development does not result in an over development of the site and in the interest of the residents’ amenity 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.

 

6.     The stables and use of land hereby permitted shall be for private use only and no commercial use including riding lessons, tuition, livery or competitions shall take place at any time.

 

Reason: To protect the character of the countryside and in the interest of highway safety in accordance with Policies ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and government guidance contained within the National Planning Policy Framework.

 

7.     No commercial activities shall take place on the land including the storage of materials associated with commercial activities.

 

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 and Government advice in The National Planning Policy Framework.

 

8.     No development shall commence above slab level until a schedule of materials and finishes to be used in the external walls and roofs of the day rooms 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 details and shall be retained as such thereafter.

 

Reason: To safeguard the character and appearance 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 and government guidance contained within the National Planning Policy Framework.

 

9.     No development shall commence above slab level until a scheme for landscaping the site has been submitted to and approved in writing by the Local planning authority.  The scheme shall include:

 

·       details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas and written specifications (including cultivation and other operations associated with plant and grass establishment i.e. depth of topsoil, mulch, etc.),

·       details of the existing trees and hedgerows to be retained as well as those to be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation,

·       details of the hard landscaping including hard surface areas, pavements, pedestrian areas and steps.

 

The development shall be carried out in strict accordance with the approved landscaping scheme and the hard landscape elements shall be carried out prior to the first occupation or use of the development and shall be retained as such thereafter.

 

All planting, seeding or turfing included 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 on the completion of the development, whichever is the sooner,] and shall be maintained for a period of 5 years from the completion of the development. Any trees and/or 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 next planting season with others of similar size and species. The approved hard landscaping and boundary treatments shall be completed prior to the first occupation of the development and shall be retained as such thereafter.

 

Reason: To ensure that a satisfactory landscape scheme is provided in the interest of visual amenity of the area and to comply with Policies ESD13 and 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.

 

10. Prior to the commencement of the development hereby approved, all vegetation, trees and other material exceeding the height of 0.6m within the visibility splays set out in drawing No. TDA.2836-03 must be cleared. The vision splays shall not be obstructed by any object, structure, planting or other material of a height exceeding 0.6m measured from the carriageway level.

 

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

 

11. Prior to the commencement of the development hereby approved, full details of the means of access between the land and the highway, including, position, layout, construction, drainage and vision splays shall be submitted to and approved in writing by the local planning authority. Thereafter, and prior to first occupation the means of access shall be constructed and retained in accordance with the approved details.

 

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

 

12. Before the hereby approved new access is first used, the existing access serving the field onto the A4221 shall be permanently stopped up in accordance with details which shall have first been submitted to and approved in writing by the local planning authority and shall not thereafter be used by any vehicular traffic whatsoever.

 

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

 

13. Prior the first use/occupation of the development hereby approved, the parking and manoeuvring area shall be provided in accordance with the plan approved (Drawing No. TDA.2836.03) and shall be constructed from porous materials or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the site. Thereafter, the parking and manoeuvring areas shall be retained in accordance with this condition and shall be unobstructed except for the parking and manoeuvring of vehicles at all times

 

Reason: In the interests of highway safety and flood prevention and to comply with Policies ESD7 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

14. No development shall commence until a construction traffic management plan (CTMP) has been submitted to and approved in writing by the local planning authority. The CTMP shall include:

 

a)    Details of wheel cleaning/wash facilities, to prevent mud from being carried onto the adjacent highway by vehicles

b)    Contact details of the Project Manager and Site Supervisor responsible for on-site works.

c)     Details of how appropriately trained banksmen will be used for guiding vehicles and unloading.

d)    Details of where staff and visitors to the construction site will park.

e)    Details of times for deliveries to and the removal of materials from the site.

f)      Layout plan of the site that shows haul roads, site storage, compound and pedestrian routes.

 

The development shall then be undertaken in 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 in accordance with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, PolicyENV1 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.

 

15. The development hereby permitted shall be carried out in accordance with the recommendations set out in the Preliminary Ecological Appraisal prepared Pro Vision dated June 2023 unless otherwise agreed in writing by the local planning authority.

 

Reason: To protect habitats and/or species of importance to nature conservation from significant harm in accordance with government guidance contained within the National Planning Policy Framework.

 

16. A revised Preliminary Ecological Appraisal shall be undertaken within the 3 months prior to the commencement of the development to establish changes in the presence, abundance and impact on reptiles, and badgers. The survey results, together with any necessary changes to the mitigation plan or method statement shall be submitted to and approved in writing the Local planning authority. Thereafter, the development shall be carried out in full 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.

 

17. No development shall commence until a method statement for enhancing birds, bats, invertebrates and hedgehogs has been submitted to and approved in writing by the local planning authority. The biodiversity enhancement measures approved shall be carried out prior to occupation and shall thereafter be retained in full 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.

 

18. 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 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.

 

19. No development hereby permitted shall take place except in accordance with the terms and conditions of the Council’s Organisational Licence (WML-OR150, or a ‘Further Licence’) and with the proposals detailed on plan “Land North of A4421: Impact plan for great crested newt District Licensing (Version 1)”, dated 27th June 2024.

 

Reason: In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the organisational licence (WMLOR150, or a ‘Further Licence’), section 15 of the National Planning Policy Framework, Circular 06/2005 and the Natural Environment and Rural Communities Act 2006.

 

20. No development hereby permitted shall take place except in accordance with Part 1 of the Great Crested Newt Mitigation Principles, as set out in the District Licence (WML-OR150, or a ‘Further Licence’), and in addition in compliance with the following:

 

·       Works which will affect likely newt hibernacula may only be undertaken during the active period for amphibians

·       Capture methods must be used at suitable habitat features prior to the commencement of the development (i.e. hand/destructive/night searches), which may include the use of temporary amphibian fencing, to prevent newts moving onto a development site from adjacent suitable habitat, installed for the period of the development (and removed upon completion of the development).

·       Amphibian fencing and pitfall trapping must be undertaken at suitable habitats and features, prior to commencement of the development.

 

Reason: In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the Organisational Licence (WMLOR150, or a ‘Further Licence’), section 15 of the National Planning Policy Framework, Circular 06/2005 and the Natural Environment and Rural Communities Act 2006.

 

21. Prior to the installation of any external lighting, details of the external lighting/security lighting including the design, position, orientation and any screening of the lighting shall be submitted to and approved in writing by the local planning authority. The lighting shall be installed in accordance with the approved scheme prior to the first use of the development hereby approved and shall be operated and maintained as such at all times thereafter.

 

Reason: In the interests of visual amenity and highway safety and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policies C28 and ENV1 of the Cherwell Local Plan 1996 and government guidance contained within the National Planning Policy Framework.

 

22. 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 PolicyENV12 of the Cherwell Local Plan 1996 and government guidance contained within the National Planning Policy Framework.

 

23. Prior to the first use of the development hereby approved, details of any plant/machinery (including generators) including details of any treatment against the transmission of sound and/or vibration shall be submitted to and approved in writing by the local planning authority. The plan/machinery shall be installed in accordance with the approved scheme prior to the first use of the development hereby approved and shall be operated and maintained as such at all times thereafter.

 

Reason: To safeguard the amenities of the occupiers of adjoining properties in accordance withsaved Policy ENV1 of the Cherwell Local Plan 1996 and government guidance contained within the National Planning Policy Framework.

 

24. No development shall commence until a scheme for the provision and implementation of foul and surface water drainage has been submitted to and approved in writing by the local planning authority. The drainage works shall be constructed and completed in accordance with the approved plans before the first occupation of any of the buildings/dwellings hereby approved and shall be maintained as such thereafter.

 

Reason: To ensure satisfactory drainage of the site in the interests of achieving sustainable development, public health, to avoid flooding of adjacent land and property 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.

 

25. Finished Floor levels shall be set above the 1% annual exceedance probability (AEP) plus an appropriate allowance for climate change flood level, in accordance with details that have been submitted to and approved in writing by the local planning authority, prior to the first occupation of the site.

 

Reason: To protect the development and its occupants from the increased risk of flooding in accordance with Policy ESD6 of the Cherwell Local Plan 2011-2031 Part 1 and government guidance contained within the National Planning Policy Framework.

 

26. No development shall commence above slab level until details for the incorporation of renewable energy features have been submitted to and approved in writing by the local planning authority. The renewable energy features shall be installed prior to the first occupation of the development and retained and maintained in good working order as such thereafter. 

 

Reason: In the interests of sustainability in accordance with the requirements of Policy ESD5 of the Cherwell Local Plan 2011-2031 Part 1 and government guidance contained within the National Planning Policy Framework

 

27. The existing steel barn structure on the site at the date of this permission shall be demolished and the debris and materials removed from the site before the development hereby approved is first occupied.

 

Reason: In order to achieve a satisfactory form 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.

 

28. Notwithstanding the provisions of Article 3 and Class A of Part 2, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, no gate fence wall or other means of enclosure shall be erected constructed or placed on the site without the grant of further specific planning permission from the local planning authority.

 

Reason: To safeguard the character and appearance of the area 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.

 

 

Planning Notes

 

1.     It is recommended that the NatureSpace Best Practice Principles are taken into account and implemented where possible and appropriate.

 

2.     It is essential to note that any works or activities whatsoever undertaken on site (including ground investigations, site preparatory works or ground clearance) prior to receipt of the written authorisation from the planning authority which permits the development to proceed under the District Licence (WML-OR150, or a ‘Further Licence’) are not licensed under the great crested newt District Licence. Any such works or activities have no legal protection under the great crested newt District Licence and if offences against great crested newt are thereby committed then criminal investigation and prosecution by the police may follow.

 

3.     It is essential to note that any ground investigations, site preparatory works and ground/vegetation clearance works/activities (where not constituting development under the Town and Country Planning Act 1990) in a red zone site authorised under the District Licence but which fail to respect controls equivalent to those detailed in the planning condition above which refers to the NatureSpace great crested newt mitigation principles would give rise to separate criminal liability under the District Licence, requiring authorised developers to comply with the District Licence and (in certain cases) with the GCN Mitigation Principles (for which Natural England is the enforcing authority); and may also give rise to criminal liability under the Wildlife & Countryside Act 1981 (as amended) and/or the Conservation of Habitats and Species Regulations 2017 (as amended) (for which the Police would be the enforcing authority).

 

4.     The disposal of manure and waste material from the site shall be undertaken on a regular basis to limit the harm to the local environment.