Agenda item

Approved in line with officer recommendation, subject to conditions (and any amendments as deemed necessary) and completion of a S106 legal agreement, details to be set out in the minutes.

The Committee considered application 23/03073/HYBRID, a hybrid application for the construction of an 82-apartment affordable extra care home (C3 use class) with associated open space / green infrastructure, landscaping, car / cycle parking, service infrastructure (drainage, highways, lighting), engineering operations, creation of new vehicular access and re-instatement of existing access to footpath, and in OUTLINE, the construction of up to 14 residential (C3 use class) dwellings with associated landscaping, service infrastructure (highways, drainage, lighting) at Phase 2 SW Bicester Kingsmere Parcel R East of Ludlow Road Bicester for PHL Ltd & Countryside Properties (Bicester) Ltd.

 

Sarah R Smith, agent for the applicant, addressed the Committee in support of the application. 

 

It was proposed by Councillor Pruden and seconded by Councillor Sibley that application 23/03073/HYBRID be approved, in line with the officer recommendation.

 

In reaching its decision the Committee considered the officer’s report, presentation, and 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 for application 23/03073/HYBRID 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): 

 

A)    provision of 30% (4 units) affordable housing on the outline site 

B)    payment of a financial contribution towards off site sports and recreation provision in the locality of £28,238.42 residential and £59,166.25 extra care, plus £11,266.75 residential and £23,606.52 extra care indoor sports (index linked) 

C)   payment of a financial contribution towards the provision of refuse/recycling bins for the development of £1,554.00 for residential and £1,258.70 for extra care (index linked) OCC waste and recycling centre £1,315.00.  

D)   OCC Middleton Stoney cycle network contribution for residential of £14,000 

F)    payment of a financial contribution towards primary health care provision serving the residential development of £12,096.00 and £44,352.00 extra care (index linked) 

G)   OCC travel plan monitoring for extra care £3,110.00 

H)   payment of the district council’s monitoring costs of £5,000. 

I)     OCC Monitoring fee (tbc)

 

 

CONDITIONS 

 

FULL APPLICATION – Extra Care 

 

Time Limit 

 

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.     That prior to first occupation of the extra care facility hereby approved, a Car Parking Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved scheme. 

Reason: In the interests of highway and pedestrian safety and to accord with Government guidance within the National Planning Policy Framework. 

 

3.     Prior to the first occupation of the extra care facility hereby approved, a Delivery and Servicing Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved scheme. 

 

Reason: In the interests of highway and pedestrian safety and to comply with Government guidance within the national Planning Policy Framework. 

 

4.     That prior to the first occupation of the extra care facility, a detailed plan showing the cycle parking provision and facilities shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and thereafter retained and maintained as such. 

 

Reason: In the interests of sustainability and to comply with Government guidance within the National Planning Policy Framework. 

 

5.     Prior to the commencement of any development above slab level and notwithstanding the details submitted, a schedule of revised materials and finishes, which shall include the submission of sample and sample panels of bricks and natural limestone to be constructed on site (minimum 1 squared metre in size) to be used in the construction of the external walls of the extra care building shall be submitted to and approved in writing by the local planning authority. The development shall thereafter be completed in accordance with the details and samples hereby approved. 

 

Reason: To ensure that the materials are appropriate to the appearance of the locality and to ensure the satisfactory appearance of the completed development in accordance with Policy ESD15 of the adopted Cherwell Local Plan 2011-2031, approved Kingsmere Phase 2 Design Code 2018 and Government guidance within the National Planning Policy Framework. 

 

6.     Notwithstanding the details shown on the approved plans, further details of the architectural detailing of the exterior of the building, including the windows and doors (and their surrounds and reveals), guttering etc, shall be submitted to and approved in writing by the Local Planning Authority prior to any construction above slab level. The development shall thereafter be carried out in accordance with the approved details. 

 

Reason: To ensure that the details are appropriate to the locality and are locally distinctive and ensure the satisfactory appearance of the completed development in accordance with Policy ESD15 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the national Planning Policy Framework. 

 

7.     All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting season prior to the first occupation pf the extra care building and shall be maintained for a period of 5 years from the completion f 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, unless the Local Planning Authority gives written consent for any variation. 

 

Reason: To ensure that the agreed landscaping scheme is maintained over a reasonable period that will permit its establishment in the interests of visual amenity and to accord with Policy ESD15 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework. 

 

8.     A scheme for the suitable treatment of the sub-station and air source heat pumps against the transmission of sound and/or vibration on the proposed and existing residential units shall be submitted to and approved in writing by the Local Planning Authority and the measures implemented and maintained in accordance with the approved scheme at all times. 

 

Reason: To protect existing and proposed new residents from noise in accordance with saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance within the National Planning Policy Framework. 

 

9.     Prior to the commencement of development in respect of the extra care units, details of a lighting scheme for the development shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be designed sensitively for bats in accordance with the BCT lighting guidance (ILP Bat Conservation Trust Guidance Note 08/23) with a colour temperature of 2700 degrees kelvin or under. The lighting plan should also take into account any trees, landscaping and bat box location. The development shall be carried out in accordance with the approved details. 

 

Reason: In the interests of protection of ecology and biodiversity to accord with Policy ESD10 of the Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework. 

 

10. Prior to first occupation a Full Travel Plan for the extra care facility shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved Travel Plan. 

 

Reason: In the interests of sustainability and to comply with Government guidance within the National Planning Policy Framework. 

 

HYBRID – Extra Care and Residential Dwellings 

 

Compliance with Plans 

 

11. 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: Site Location 21413-CWA-BC-XX-DR-A-0202 Rev P02; Hybrid Plan 21413-CWA-BC-XX-DR-A-0211 Rev P13; Site Layout 21413-CWA-BC-XX-DR-A-2011 Rev P25; Site Context 21413-CWA-BC-XX-DR-A-0100 Rev P01; Ground Floor 21413-CW-BC-ODA-2000 Rev P09; First Floor 21413-CW-BC-01-DR-A-2001 Rev P09; Second Floor 21413-CW-BC-02-DR-A-2002 Rev P09; Third Floor 21413-CW-BC-03-DR-A-2003 Rev P08; Roof Plan 21413-CW-BC-XX-DR-A-2004 Rev P03; Elevations 21413-CW-BC-XX-DR-A-2006 Rev P07 and 2007 Rev P07; Acoustic Box Detail SPqbve 01a and 21413-CWA-B1-00-DR-A2011; Substation 21413-CW-B1-00-DR-A-2021 Rev P02; Cyclestore 21413-CWA-BC-XX-DR-A-2020 Rev P01; Boundary Treatment 21413-CWA-BC-XX-DR-A-2010 Rev P05; Bellmouth 03/801 Rev A; Tree Pit Detail UG-2166-LSN-DRW-04 Rev P01; Landscape Plans UG-2166-LAN-GA-DRW-01 Rev P08, 03 Rev P06 and 02 Rev P07; S38 Plan 23047-ARC-XX-XX-DR-C-6200-P5; Vehicle Swept Path PC5143-RHD-GE-SW-DR-R-0050 Rev P05, 0051 Rev P05, 0052 Rev P04, 0055 Rev P04 and 0057 Rev P04; Visibility Splays PC5143-RHD-GE-SW-DR-R-0056 Rev P04 and 0059 Rev P01; Drainage Plans 23047-ARC-XX-XX-DR-C-5000-P5, 5201-P4 and 02/801 Rev E and Site Sections 21413-CWA-B1-XX-DR-A-2030 Rev P02, 2031 Rev P01 and 2032 Rev P01. 

 

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. 

 

12. No development shall be occupied until confirmation has been provided that either: (1) all network upgrades required to accommodate the additional demand to serve the development have been completed; or (ii) a development and infrastructure phasing plan has been agreed with Thames Water to allow development to be occupied. Where a development and infrastructure phasing plan has been agreed with Thames Water, no occupation shall take place other than in accordance with the agreed development and infrastructure phasing plan. 

 

Reason: The development may lead to no/low water pressure and network reinforcement works are anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional demand anticipated from the new development. 

 

13. 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. Where unacceptable risks are found remediation and verification scheme 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 within the National Planning Policy Framework. 

 

14. The approved drainage system shall be implemented in accordance with the approved Detailed Design as shown on the following drawings: Land Parcel R drainage layout reference 02/801 Rev E; 23047-ARC-XX-XX-DR-C-5000-P5-DRAINAGE GA; Impermeable Area Plan 5500-P4; Section 104 adopted Drainage GA 5200-P4 and Appendix E – Surface Water Drainage Calculation, prior to the use of any of the development commencing. 

 

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 and 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 advice in the National Planning Policy Framework. 

 

15. Prior to first occupation of any part of the development, 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: (i) As built plans in both pdf and shp format; (ii) photographs to document each key stage of the drainage system when installed on site; (iii) photographs to document the completed installation of the drainage structures on site; (iv) the name and contact details of any appointed management company information. 

 

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 advice in the National Planning Policy Framework. 

 

16. Prior to the first occupation of any part of the development hereby approved, a Landscape and Ecological Management Plan (LEMP) for the whole site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the LEMP shall be carried out 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 adopted Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework. 

 

17. Full details of a scheme for the location of bat, bird, owl and invertebrate boxes (which may be integral to the building construction) (on that part/phase of development) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the occupation of any building on that phase or part of the development, the bat, bird, owl and invertebrate boxes shall be installed on the site in accordance with the approved details. 

 

Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ED10 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework. 

 

18. No development shall take place on the site until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The statement shall provide for a minimum: 

 

·        the parking of vehicles of site operatives and visitors 

·        the routeing of HGVs to and from the site 

·        loading and unloading of plant and materials 

·        storage of plant and materials used in constructing the development 

·        erection and maintenance of security hoarding 

·        wheel washing facilities including type of operation and road sweeping 

·        measures to control the emission of dust and dirt during construction 

·        a scheme for recycling/disposing of waste resulting from the construction works 

·        delivery times, demolition and construction working hours 

 

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

 

Reason: To ensure the environment and amenities of local residents are protected during the construction in accordance with saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance within the National Planning Policy Framework. 

 

OUTLINE – Residential Dwellings 

 

19. Application for the approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last 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 (General Development Procedure) Order 2015 (as amended). 

 

20. Details of the layout, scale, appearance, access and landscaping (hereafter referred to as ‘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\0 Order 2025 (as amended). 

 

21. Prior to the approval of any related reserved matters, a detailed Surface Water Management Scheme for each phase or sub-phase of development, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be in accordance with the details approved as part of the strategic Scheme (Strategic Surface Water Management Scheme) and include all supporting information listed in the condition. 

 

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 and to comply with Policy ESD6 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy ENV1 od the Cherwell Local Plan 1996 and Government guidance within the National Planning Policy Framework. 

 

22. Prior to the first occupation of the residential properties, a Residential Travel Information Pack shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved Travel Information Pack. 

 

Reason: In the interest of sustainability and to comply with Government guidance within the National Planning Policy Framework. 

 

It was further resolved that as the PPA determination period for this application expired on 31 August 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 and affordable housing provision 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 adopted Cherwell Local Plan 2011-2031, CDC planning obligations SPD 2018 and Government guidance within the NPPF