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 25/01545/OUT, for outline planning application for up to 150 dwellings and associated open space with All Matters Reserved other than access, at Land at Hanwell Fields Dukes Meadow Drive

Banbury, for Manor Oak Homes and Mr and Mrs Donger.

 

Alex Munro, agent on behalf of the applicant, addressed the Committee in support of the application.

 

It was proposed by Councillor Brant and seconded by Councillor Webb that application 25/01545/OUT be refused against officer recommendation, as it was not land allocated within the Local Plan, would exacerbate the coalescence of Hanwell village and Banbury town, cause undue visual harm to the local area, and would contribute to the loss of G2/3 agricultural land and impact on biodiversity. 

 

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

 

It was proposed by Councillor Conway and seconded by Councillor Watkins that application 25/01545/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 25/01545/OUT subject to:

 

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

ii.      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% affordable housing on site 

b.  Contribution to the provision or enhanced facilities at Hanwell Fields Community Centre; - £165,301.20 

c.   Contribution towards outdoor sport provision; - £438,908.00 

d.  Contribution towards indoor sport, Woodgreen Leisure Centre or a new indoor sport facility in the locality; - £166,333.00 

e.  Contribution for community development worker to help integrate residents into the wider community; - £18,724.91 

f.    Contribution towards initiatives to support groups for residents; - £6750.00 

g.  Contribution towards public art within the vicinity; - £42,000.00 

h.  £5,000 monitoring fee. 

i.    £292,350 – public transport; 

j.    £2035 – travel plan monitoring; 

k.   £65,000 – public rights of way; 

l.    £150,000 – Local Cycling & Walking Infrastructure Plan (LCWIP) 

m.£1,500,372 – secondary education; 

n.  £144,936 – secondary land contribution; 

o.  £129,841 – special education; 

p.  £15,525 – household waste and recycling centres. 

q.  Health Care Provision - £TBC 

r.   Thames Valley Police - £30,521 

 

CONDITIONS 

  

Time Limit 

  

1.  No development shall commence until full details of the layout including the layout of the internal access roads and footpaths), scale, appearance, and landscaping (hereafter referred to as reserved matters) have been submitted to and approved in writing by the Local Planning Authority. 

  

Reason: This permission is in outline only and is granted 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. 

  

2.  In the case of the reserved matters, the final application for approval shall be made not later than the expiration of 18 calendar months beginning with the date of this permission. 

  

Reason: This permission is in outline only and is granted 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. 

  

3.  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 40 calendar months 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 (General Development Procedure) Order 2015 (as amended). The time period for submission has been reduced from standard period. The application has been submitted to address the Council's 5-year housing land supply position and is in accordance with the applicant's planning statement. 

  

Compliance with Plans 

  

4.  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: 

  

Forms and Certificates - PP-14068191 

Covering Letter – Ref: 00825/L0002 

Planning Statement / SCI – Ref - 00825/S0001 

Design and Access Statement – Ref: 103-184 06/06/25 Rev A 

Site Location Plan – Ref: 103-184 001 C 

Parameter Plan – Ref: 103-184 003 K 

Access Drawing – Ref: 1340-TA10 

Landscape Strategy (illustrative only) – Ref: DL06 Rev A 

FRA & Drainage Strategy – Ref: 1340-FRA-01-0 

Transport Assessment – Ref: 1340-TA-01-0 

Travel Plan- Ref: 1340-TP-01-0 

Heritage Statement – Ref: 10365 

Archaeology Desk Based Assessment – Ref: DMB25/76 May 2025 

Archaeology Geo-Physical – Ref: DMB25/76 June 2025 

Landscape and Visual Impact Assessment (3 files) – Ref: I000911_DL101A 

PEA / Ecology – Ref: 6007-02 ecoap dv3 

BNG Report and Metric – Ref: 6007-02 BNG dv1 CL 

Arboricultural Impact Assessment – Ref: 250522 25038 AIA V1 

Sustainability & Energy Statement – Ref: BAN 3 MOH SES 

  

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. 

  

5.  No development shall take place until details of all finished floor levels in relation to existing and proposed site levels and to the adjacent buildings have been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall be carried out strictly in accordance with the approved levels. 

  

Reason: To secure an acceptable standard of development that safeguards the visual amenities of the area and the living conditions of existing and future occupiers and to ensure compliance with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and government guidance within Section 12 of 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. 

  

6.  As part of any reserved matters application a specialist acoustic consultants report that demonstrates that all habitable rooms within the dwelling and external areas will 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. 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 development provides a good standard of amenity for future residents in accordance with Policy ESD15 of the Cherwell Local Plan Part 1 (2015) and Government guidance in the National Planning Policy Framework. 

  

7.  No development shall commence 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 ‘Model Procedures for the Management of Land Contamination, CLR 11’ 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 

  

8.  If a potential risk from contamination is identified as a result of the work carried out under condition 7, 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 ‘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, 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 ‘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 9, 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. 

  

11.  Prior to the commencement of the development hereby permitted a detailed air quality impact assessment to identify the impact of the development on local air quality shall be submitted to and approved in writing by the Local Planning Authority. The assessment shall include damage cost calculations where applicable along with detailed mitigation measures proposed by the developer, in order to address any adverse impacts on local air quality. This shall have regard to the Cherwell District Council Air Quality Action Plan and no development shall take place until the Local Planning Authority has given its written approval that it is satisfied that the impact of the development on air quality has been adequately quantified. 

  

Reason: To protect the amenities of nearby residents and the character of the area and to comply with saved Policy ENV1 of the Cherwell Local Plan 1996 and government guidance contained within the National Planning Policy Framework. 

  

12.  As part of any application for reserved matters relating to layout, a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro-geological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall not be implemented other than in accordance with the approved details and shall be implemented before the development is completed. It shall thereafter be managed in accordance with the approved details. The scheme shall also include: 

  

·       Discharge rates based on 1:1 year greenfield run off rate 

·       Discharge Volumes 

·       SUDS 

·       Maintenance and management of SUDS features (To include provision of a suds Management and Maintenance Plan) 

·       Infiltration in accordance with BRE365 

·       Detailed drainage layout with pipe numbers. 

·       Network drainage calculations 

·       Phasing 

·       Flood Flow Routing in exceedance conditions (To include provision of a flood exceedance route plan) 

·       A detailed maintenance regime for all proposed drainage features and suds features. 

·       A detailed surface water catchment plan. 

  

Reason: To ensure that sufficient capacity is made available to accommodate the new development and in order to avoid adverse environmental impact upon the community and to ensure compliance with Policy ESD 6 and 7 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance 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. 

  

13.  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 properties on, adjacent to or surrounding the site together with details of the consultation and communication to be carried out with local residents 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. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme. 

  

14.  No works shall commence until full engineering details of the proposed TOUCAN crossing on Dukes Meadow Drive have been submitted to and approved in writing by the Local Planning Authority and no dwelling shall be occupied until the approved TOUCAN crossing has been constructed in its entirety. 

  

Reason: To ensure that a safe, suitable, and secure means of access for all people that minimises the scope for conflict between traffic and cyclists and pedestrians is provided in accordance with paragraphs 115 and 117 of the National Planning Policy Framework. 

  

15.  No development shall take place, including any demolition works, until a construction management plan or construction method statement has been submitted to and approved in writing by the Local Planning Authority. The approved plan/statement shall be adhered to throughout the demolition/construction period. The plan/statement shall provide for:  

  

·       24-hour emergency contact number;  

·       Hours of operation;  

·       Parking of vehicle of site operatives and visitors (including measures taken to ensure satisfactory access and movement for existing occupiers of neighbouring properties during construction);  

·       Routes for construction traffic and Highway condition survey pre and post construction;  

·       Locations for loading/unloading and storage of plant, waste and construction materials;  

·       Method of preventing mud being carried onto the highway;  

·       Measures to protect vulnerable road users (cyclists and pedestrians);  

·       Any necessary temporary traffic management measures;  

·       Arrangements for turning vehicles;  

·       Arrangements to receive abnormal loads or unusually large vehicles;  

·       Methods of communicating the Construction Management Plan to staff, visitors and neighbouring residents and businesses.  

  

Reason: In the interests of safe operation of the adopted highway in the lead into development both during the demolition and construction phase of the development. 

  

16.  No development shall commence unless and until full specification details of the vehicular accesses, driveways and turning areas to serve the dwellings, which shall include construction, layout, surfacing, lighting and drainage, have been submitted to and approved in writing by the Local Planning Authority. The access, driveways and turning areas shall be constructed in accordance with the approved details prior to the first occupation of any of the dwellings and shall be retained as such thereafter. 

  

Reason: In the interests of highway safety, to ensure a satisfactory standard of construction and layout for the development and to comply with Government guidance contained within the National Planning Policy Framework. 

  

17.  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 accordance with the approved details prior to first occupation of the development and shall be retained as such thereafter. 

  

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

  

18.  No development shall commence above slab level unless and until a scheme for electric vehicle infrastructure to serve each dwelling has been submitted and approved in writing by the Local Planning Authority. The approved electrical vehicle charging infrastructure shall be provide in accordance with the approved details prior to the first occupation of the dwelling it serves. 

  

Reason: To maximise opportunities for sustainable transport in accordance with Government guidance contained within the National Planning Policy Framework. 

  

19.  No properties shall be occupied until approval has been given in writing by the Local Planning Authority that either: 

  

·       Evidence to demonstrate that all water network upgrades required to accommodate the additional flows/demand from the development have been completed; or 

·       A housing and infrastructure phasing plan has been agreed with Thames Water and the Local Planning Authority in writing to allow additional properties to be occupied. Where a housing and infrastructure phasing plan is agreed no occupation shall take place other than in accordance with the agreed housing 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. 

  

20.  No development shall commence including any demolition, and any works of site clearance, unless and until a method statement and scheme for enhancing biodiversity such that an overall net gain for biodiversity is achieved, to include details of enhancement features and habitats both within green spaces and integrated within the built environment, has been submitted to and approved in writing by the Local Planning Authority, which shall accompany any reserved matters application for layout and landscaping. This shall also include a timetable for provision. Thereafter, the biodiversity enhancement measures shall be carried out in accordance with the approved details and shall be retained as such thereafter in accordance with the approved details. 

  

Reason: To ensure the development provides a net gain in biodiversity 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.  No development shall commence unless and until a Landscape and Ecology Management Plan (LEMP), which shall also cover the construction phase of the development, has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall not be carried out or managed other than in accordance with the approved LEMP. 

  

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. 

  

22.  Prior to the installation of any external lighting, a full lighting strategy to include illustration of proposed light spill and which adheres to best practice guidance in relation to ecological impact, 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 document. 

  

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. 

  

23.  As part of any submission for reserved matters, full details of a renewable energy strategy for the site in accordance with Policy ESD5 of the Cherwell Local Plan, shall be submitted and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details prior to the first occupation of any building the renewable energy serves. 

  

Reason: To encourage the use of renewable and low carbon energy in accordance with Policy ESD5 of the Cherwell Local Plan Part 1. 

  

24.  Prior to the commencement of any works associated with the construction of a dwelling, details of the means by which all dwellings will be designed and constructed to achieve an energy performance standard equivalent to a 19% improvement in carbon reductions on 2013 Part L of the Building Regulations (unless a different standard is agreed with the local planning authority) 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 details and no dwelling shall be occupied until it has been constructed in accordance with the approved energy performance measures. 

  

Reason: In the interests of environmental sustainability in construction in accordance with the requirements of Policy ESD3 of the Cherwell Local Plan 2011-2031 Part 1 and government guidance in the National Planning Policy Framework. 

  

25.  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. 

  

26.  A) No 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 approval of the final reserved matters. 

  

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. 

 

Further It was further resolved that as statutory determination period for this application expired on 3 October 2025, 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 mitigation required as a result of the development and necessary to make the ecological, landscape and highway impacts of the development acceptable in planning terms, to the detriment of both existing and proposed residents and contrary to development plan policies SLE4, ESD10, ESD13, INF1, C7, C8 and C28 and national guidance contained in the National Planning Policy Framework.