Agenda item

Approved in line with the officer recommendation, subject to no objections from Nature Space and Ecology, additional enhancements to pedestrian safety, conditions (and any amendments as deemed necessary) and section 106 agreement, details to be set out in the Minutes.

The Committee considered application 24/03399/OUT, an outline planning application, together with associated access off Bloxham Road (all other matters reserved), for up to 50 homes (Use Class C3) together with associated infrastructure, open space and landscaping; and retained agricultural field at Land West Of The Old Piggeries Bloxham Road Milcombe for Neptune Land Promotion Ltd, Mr I Smith, Mrs L Smit.

 

Myra Peters, on behalf of Milcombe Parish Council, addressed the Committee in objection to the application.    

 

Arron Twamley, agent for the applicant, addressed the Committee in support of the application. 

 

It was proposed by Councillor Rogers and seconded by Councillor Webb that application 24/03399/OUT be refused against officer recommendation, as it would cause undue visual harm to the local area, as well poor effective use of land proposed within the scheme.

 

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

 

It was proposed by Councillor Watkins and seconded by Councillor Conway that application 24/03399/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 24/03399/OUT subject to –

 

(1)         No objections from nature space and ecology

 

(2)         The entering into a s106 to include the contributions and infrastructure as set out below (and any amendments to those obligations as deemed necessary); and

1.    Provision of 35% affordable housing on site

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

3.    Payment of a financial contribution towards off indoor site sports and recreation provision in the locality of £40 238.40 (index linked)

4.    Payment of a financial contribution towards the provision of Household Waste Recycling Centres of £5 094 (index linked)

5.    On-site provision of an equipped Local Area of Play and payment of a financial contribution to be confirmed (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 towards community hall facilities of £64, 824 (index linked)

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

9.    Payment of a financial contribution towards public transport provision of £56 650 (index linked)

10.  Payment of transport infrastructure (if not dealt with the S278) contribution £20 944

11.  Payment of Traffic Regulations Order contribution: £4 224 (Index linked)

12.  Payment of a financial contribution towards improvements to Public Rights of Way in the vicinity of the site of £35 000 (index linked)

13.  Payment of a financial contribution towards Primary education needs in the locality £472 074 (index linked)

14.  Payment of a financial contribution towards Secondary education needs in the locality £410 076 (index linked)

15.  Payment of a financial contribution towards Special Needs Education needs in the locality £47 215 (index linked)

16.  Payment of a financial contribution towards the expansion of Hook Norton and Bloxham Surgeries £45 309 (indexed linked)

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

 

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

 

 

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, 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). 

 

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   

 

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. 

 

 

CONDITIONS TO BE DISCHARGED PRIOR TO COMMENCING DEVELOPMENT 

 

4.            No development shall commence including any demolition unless and until a professional archaeological organisation acceptable to the Local Planning Authority has prepared an Archaeological Written Scheme of Investigation, relating to the application site area and which has been submitted to and approved in writing by the Local Planning Authority. 

 

Reason - To safeguard the recording of archaeological matters within the site in accordance with the NPPF (2023). 

 

5.            Following the approval of the Written Scheme of Investigation referred to in condition 5, and prior to any demolition on the site and the commencement of the development (other than in accordance with the agreed Written Scheme of Investigation), a staged programme of archaeological evaluation and mitigation shall be carried out by the commissioned archaeological organisation in accordance with the approved Written Scheme of Investigation. The programme of work shall include all processing, research and analysis necessary to produce an accessible and useable archive and a full report for publication which shall be submitted to the Local Planning Authority within two years of the completion of the archaeological fieldwork. 

 

Reason – To safeguard the identification, recording, analysis and archiving of heritage assets before they are lost and to advance understanding of the heritage assets in their wider context through publication and dissemination of the evidence in accordance with the NPPF (2023). 

 

6.            No development shall commence [on any phase], including any works of demolition until a Construction Environment and Traffic Management Plan [for that phase] has been submitted to and approved in writing by the local planning authority. The statement shall provide for at a minimum: 

 

·                 The parking of vehicles of site operatives and visitors; 

·                 Loading and unloading of plant and materials; 

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

·                 The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; 

·                 Wheel washing facilities including type of operation (automated, water recycling etc) and road sweeping; 

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

·                 Delivery, demolition and construction working hours;  

 

The approved Construction Method Statement shall be adhered to throughout the construction period for the development.  

 

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.  

 

7.            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 Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.  

 

8.            No development shall commence unless and until 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 has been 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 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.  

 

9.            If contamination is found by undertaking the work carried out under condition 8 if 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 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.  

 

10.         If remedial works have been identified in condition 8, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 9. 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. 

 

CONDITIONS TO BE DISCHARGED PRIOR TO OCCUPATION 

 

11.         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. 

 

12.         Prior to the first occupation of the development hereby approved, a Travel Plan Statement shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be implemented and operated in accordance with the approved details.  

 

Reason - In the interests of sustainability and to ensure a satisfactory form of development, in accordance with Government guidance contained within the National Planning Policy Framework.  

 

COMPLIANCE CONDITIONS 

 

13.         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 Policy ENV12 of the Cherwell Local Plan 1996 and government guidance contained within the National Planning Policy Framework. 

 

INFORMATIVES 

 

A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer. Permit enquiries should be directed to Thames Water’s Risk Management Team by telephoning 020 3577 9483 or by emailing trade.effluent@thameswater.co.uk . Application forms should be completed on line via www.thameswater.co.uk. Please refer to the Wholesale; Business customers; Groundwater discharges section. 

 

Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development. 

 

It was further resolved that as the statutory determination period for this application expired on 30 September 2025 and if the section 106 agreement/undertaking was not completed and the permission was not able to be issued by this date and no extension of time had been agreed between the parties, the Assistant Director for Planning and Development be  given delegated authority to refuse the application for the following reason: 

 

1. In the absence of a satisfactory unilateral undertaking or any other form of Section 106 legal agreement the Local Planning Authority is not satisfied that the proposed development provides for appropriate infrastructure required as a result of the development and necessary to make the impacts of the development acceptable in planning terms, to the detriment of both existing and proposed residents and contrary to Policy INF1 of the Cherwell Local Plan 2011-2031, CDC’s Planning Obligations SPD  2018 and Government guidance within the National Planning Policy Framework