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 24/03174/F, for the demolition of existing buildings on site and the erection of retirement living apartments with associated access, car parking, landscaping, ancillary facilities and associated works, at Glebe House, 8 Mill Street, Kidlington, OX5 2EF, for McCarthy and Stone Retirement Lifestyles Ltd.

 

Councillor Ian Middleton addressed the committee as local ward member.

 

Rachel Clare, agent for the applicant, addressed the Committee in support of the application.  

 

It was proposed by Councillor Mawson and seconded by Councillor Creed that application 24/03174/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 24/03174/F subject to –

 

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

 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) Payment of a financial contribution to be confirmed towards off site affordable housing in lieu of on-site provision  

b) Payment of a financial contribution towards off site sports and recreation provision in the locality of £2,017.02 per dwelling (outdoor sport provision) and £335.32 per occupier of each dwelling (indoor sport provision) 

c) Payment of a financial contribution towards the enhancement of community hall facilities of £28,442.72 (index linked) 

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

e) Payment of a financial contribution towards expansion and efficiency of Household Waste Recycling Centres of £,871 

f) Payment of a financial contribution towards public artwork of £8,512.00 

f) Payment of a financial contribution towards primary care provision of £24,552 (index linked). 

g) Payment of the Council’s monitoring costs of TBC. 

 

 

CONDITIONS 

 

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. 

 

Compliance with Plans 

 

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: 

 

MI-2991-03-AC-0001 C  

MI-2991-02-AC-0011 A  

MI-2991-03-AC-0012 A  

MI-2991-03-AC-0013 A  

MI-2991-03-AC-0014 A 

MI-2991-03-AC-2000 A  

MI-2991-03-AC-2001 A  

MI-2991-03-AC-0003 B  

2305-KC-XX-YTree TPP01 0  

MI-2991-03-LA-001 P2  

MI-2991-03-LA-002 P1  

MI-2991-03-LA-003 P1  

MI-2991-03-DE-100 P01  

MI-2991-03-DE-101 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. 

 

3.    Notwithstanding the approved details within drawing number MI-2991-03-LA-001 P2 (‘Landscape Layout’), the pedestrian access and internal footpaths shall be laid out in accordance with the details shown within drawing number MI-2991-03-AC-0001 C (‘Proposed Site Plan’). 

 

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. 

 

4.    If the development hereby approved does not commence by 22^nd October 2025, a revised bat roost assessment and survey shall be undertaken prior to the commencement of the development to establish changes in the presence, abundance and impact on bats. 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.  

 

5.    No development shall commence, including any works of demolition, until a Construction Environment and Traffic Management Plan (CETMP) 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 CETMP shall be adhered to throughout the construction period for the development.  

 

Reason: To ensure that residential amenity and the environment are 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.  

 

6.    Construction shall not begin prior to the approval of a detailed surface water drainage scheme for the site, has been 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 completed. The scheme shall include: 

 

·         A compliance report to demonstrate how the scheme complies with the “Local Standards and Guidance for Surface Water Drainage on Major Development in Oxfordshire”; 

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

·         A Flood Exceedance Conveyance Plan; 

·         Comprehensive infiltration testing across the site to BRE DG 365 (if applicable) 

·         Detailed design drainage layout drawings of the SuDS proposals including cross-section details; 

·         Detailed maintenance management plan in accordance with Section 32 of CIRIA C753 including maintenance schedules for each drainage element, and; 

·         Details of how water quality will be managed during construction and post development in perpetuity; 

·         Confirmation of any outfall details. 

·         Consent for any connections into third party drainage systems 

·         CCTV survey to confirm the existing drainage and identify the remedial works required as part of the overall drainage strategy. 

 

Reason: To prevent environmental and amenity problems arising from flooding and to comply with government guidance contained within the National Planning Policy Framework. 

 

7.    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.?  

 

8.    No development shall commence (including demolition, ground works, vegetation clearance) unless and 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: 

 

·         Risk assessment and mitigation of potentially damaging construction activities  

·         Identification of ‘Biodiversity Protection Zones’ 

·         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).  In relation to great crested newts, these should include: storage of demolition materials off the ground in skips or other containers; storage of building materials (bricks, stone etc) on pallets; provision of covers or ramps to any trenches left overnight to prevent animals becoming trapped, and; maintenance of all vegetation within the works area at a maximum height of 30mm until construction is complete 

·         The location and timing of sensitive works to avoid harm to biodiversity features 

·         The times during construction when specialist ecologists need to be present on site to oversee works 

·         Responsible persons and lines of communication 

·         The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person 

·         Use of protective fences, exclusion barriers and warning signs 

 

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.  

 

9.    No development shall commence until the existing trees to be retained as shown on approved plan ref. MI-2991-03-LA-001 P2 have been protected in accordance with the approved Tree Protection Plan, ref. 2305-KC-XX-YTREE-TPP01 0 and an Arboricultural Method Statement that shall first be submitted to and approved in writing by the local planning authority.  The barriers shall be erected before any equipment, machinery or materials are brought onto the site for the purposes of development or demolition and shall be maintained until the development is completed. Nothing shall be stored or placed within the areas protected by the barriers. 

 

Reason: To ensure the continued health of retained trees/hedges and to ensure that they are not adversely affected by the construction works, in the interests of the visual amenity of the area, to ensure the integration of the development into the existing landscape 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.  

 

10. No development shall commence above slab level until a schedule of materials and finishes to be used in the roofs and balconies of the building, and the hard surfacing and boundary treatments throughout the site, has been submitted to and approved in writing by the local planning authority.  Notwithstanding the details shown on approved drawing no.MI-2991-03-AC-0003 B, the boundary treatment fronting Mill Street shall be a 1.4m railing over a 0.6m masonry dwarf wall and access-controlled gates shall be installed at the vehicular entrance.  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, and in the interests of preventing crime and creating a safe environment for future occupiers, 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. 

 

11. No development shall commence above slab level until details of the construction, including cross sections, cill, lintel, reveal and colour/finish of the proposed windows, doors, and dormers, to a scale of not less than 1:10 have been submitted to and approved in writing by the local planning authority. The development shall be carried out in strict accordance with the approved details prior to the first occupation of the development and shall be retained as such thereafter. 

 

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

 

12. Prior to first occupation, 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: 

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

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

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

d.    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. 

 

13. Prior to first occupation, full details of the highway works required to implement the alterations to the site access, including construction, drainage and a layout that enables pedestrian priority and tactile paving, shall be submitted to and approved by the Local Planning Authority. The means of access shall be constructed in strict accordance with full 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. 

 

14. Prior to first occupation 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. 

 

15. Prior to the first use or occupation of the development hereby permitted, covered cycle parking facilities shall be provided on the site in accordance with details which shall be firstly submitted to and approved in writing by the Local Planning Authority. Thereafter, the cycle parking facilities shall be permanently retained and maintained for the parking of cycles in connection with the development. 

 

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. 

 

16. Prior to first occupation or use of development, an external lighting scheme shall be installed, the details of which shall first be submitted to and approved in writing by the local planning authority. The scheme shall set out the steps that will be taken to ensure that external lighting, including zonal/security lighting and column lighting within parking courts promotes a secure environment and does not cause a nuisance to local residents.  The lighting strategy shall be designed in accordance with best practice to prevent unacceptable impacts to protected species and their habitats. 

 

Reason: In the interests of preventing crime and creating a safe environment for future occupiers, and to ensure that the development does not cause harm to any protected species or their habitats, in accordance with accordance with Policies ESD10 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework. 

 

17. No part of the development shall be occupied until a postal strategy has been submitted to and approved in writing by the Local Planning Authority. The approved strategy will be implemented prior to first occupation and retained in perpetuity. 

 

Reason: In the interests of preventing crime and creating a safe environment for future occupiers, in accordance with accordance with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework. 

 

18. The development hereby approved shall be carried out in strict accordance with the approved landscaping scheme (drawing number MI-2991-03-LA-001 P2) 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. 

 

19. The existing trees and hedges along the north western boundary of the site shall be retained at a minimum height of not less than two metres and any trees or plants which die, are removed or become seriously damaged or diseased within 5 years from the completion of the development shall be replaced in the next planting season with others of similar size and the same species.  

 

Reason: To provide an effective and attractive screen for the development in the interests of visual amenity and to accord 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. 

 

20. The external materials to be used for the walls of the development hereby approved shall be ‘Burwell Buff’ brick and ‘Welford Buff Multi’ brick, as shown in the photograph dated 10^th April 2025. 

 

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. 

 

21. The development hereby permitted shall be carried out in full accordance with the specifications set out within the ‘Energy Statement’ by Focus Consultants, dated 23^rd September 2024, unless otherwise agreed in writing by the local planning authority. 

 

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. 

 

22. 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. 

 

Informatives: 

 

1.    A Section 278 Agreement with the Local Highway Authority will be required in order to construct the alterations required at the site access junction.  

 

2.    The applicant is reminded that, under the Conservation of Habitats and Species Regulations 2017 (as amended) and the Wildlife and Countryside Act 1981 (as amended), it is an offence to (amongst other things): deliberately capture, disturb, injure, or kill great crested newts; damage or destroy a breeding or resting place; intentionally or recklessly obstruct access to a resting or sheltering place. Planning permission for a development does not provide a defence against prosecution under this legislation. Should great crested newts be found at any stage of the development works, then all works should cease, and a professional and/or suitably qualified and experienced ecologist (or Natural England) should be contacted for advice on any special precautions before continuing, including the need for a licence.