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 25/00591/OUT, an outline planning application (with all matters reserved apart from access) for a development comprising up to 50 dwellings (use class c3) and associated infrastructure including but not limited to sustainable urban drainage system, public open space, landscaping, habitat creation, internal roads/routes and upgrades to the public highway at land west of Sibford Road and Quarry House Sibford Road, Hook Norton for Ashberry Strategic Land and Christopher Gasson.

 

Liz Sparrow, on behalf of Hook Norton Parish Council, addressed the Committee in opposition of the application

 

Ben Ward, agent on behalf of the applicant, addressed the Committee in support of the application.

 

It was proposed by Councillor Rogers and seconded by Councillor Harwood that application 25/00591/OUT be refused against officer recommendation, as the application would cause undue visual harm to the local area, and was contrary to policies ESD10, ESD13, ESD15 of the Local Plan.

 

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

 

It was subsequently proposed by Councillor Conway and seconded by Councillor Sibley that application 25/00591/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, that permission be granted for application 25/00591/OUT subject to conditions set out below (and any amendments to those conditions as deemed necessary).

 

      i.        Naturespace have issued the district licencing certificate;

 

    ii.        The conditions set out at section 11 of the report, and the

Conditions suggested by naturespace (and any amendments to

Those conditions as deemed necessary); and

 

   iii.        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 details set

Out at section 11 of the report (and any amendments as deemed

Necessary):

 

a)    Provision of 35% affordable housing on site 

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

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

d)    Payment of a public art contribution of £250 per dwelling towards public art in vicinity (index linked) 

e)    Payment of a financial contribution towards public transport provision of £1,364 per dwelling (index linked) 

f)     Payment of £3,840 towards Traffic Regulation Order  (index linked) 

g)    Payment of £25,000 public transport contribution (index linked) 

h)    Payment of £944.30 per dwelling towards educational infrastructure (special school provision) (index linked) 

i)     Payment of a financial contribution towards the provision of refuse/recycling bins for the development of £101.88 per dwelling (index linked) 

j)     Payment of a financial contribution towards primary health care provision serving of £906.18 per dwelling (index linked) 

k)    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. 

l)     Payment of a financial contribution towards the maintenance of on-site Open Space (index linked) 

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

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

 

CONDITIONS 

 

1.    Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of one year 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 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). 

 

3.    Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out in accordance with the application form and the following plans and documents: 7243 100 - A, 7243 107 - E, 7243 108 - A, DWG-03 Rev B 

 

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.    No development shall commence on a phase identified within an approved phasing plan until full details of the [layout, scale, appearance, access and landscaping] (hereafter referred to as the reserved matters’) of the development proposed to take place within that approved phase have been submitted to and approved in writing by the local planning authority. The development shall thereafter be implemented in strict accordance with the approved phasing plan. 

 

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). 

 

5.    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. 

 

6.    No development shall commence, including any works of demolition until a Construction Environment and Traffic Management Plan 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.    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. 

 

8.    Construction shall not begin until/prior to the approval of first reserved matters; 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:  

·         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. 

             

Reason: 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. 

 

9.    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; 

(d)       The name and contact details of any appointed management company information.  

 

Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal. 

 

10. If a potential risk from contamination is identified as a result of the work carried out under condition 1, 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. 

 

11. If contamination is found by undertaking the work carried out under condition 10, 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 "Land Contamination Risk Management (LCRM)" 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. 

 

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

 

13. 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) 

·         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. 

 

14. Prior to first occupation of the development hereby approved a Biodiversity Enhancement Plan shall be submitted and approved by the Local Planning Authority, the Plan shall include species specific enhancements, including at least one bat or bird box per dwelling, native planting, bee bricks in all dwellings, log piles and hedgehog passes. The development 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 Cherwell Local Plan 2011-2031 Part 1 and government guidance contained within the National Planning Policy Framework. 

 

INFORMATIVES 

 

1.    Please note If works are required to be carried out within the public highway, the applicant shall not commence such work before formal approval has been granted by Oxfordshire County Council by way of legal agreement between the applicant and Oxfordshire County Council. This is separate from any planning permission that may be informative granted. 

 

2.      The reserved matters submission shall include a lighting strategy for bats in line with Bat Conservation Trust (BCT) and Institute of Lighting Professionals (ILP) guidance.