Agenda item

Shaws Farm, Station Road, Blackthorn, Bicester, OX25 1TP

Decision:

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.

Minutes:

The Committee considered application 24/01237/F for the demolition of existing commercial buildings (brownfield site) and residential redevelopment of ten dwellings, associated means of access, car parking, public open space and landscaping, at Shaws Farm, Station Road, Blackthorn, Bicester, OX25 1TP for Fieldview (Blackthorn) Limited.

 

It was proposed by Councillor Watkins and seconded by Councillor Dr Thornhill that application 24/01237/F be approved, in line with the officer recommendation.

 

In reaching its decision the Committee considered the officer’s report and presentation, and the written updates.

 

Resolved

 

That, in line with the officer’s recommendation, permission be granted for application 24/01237/F subject to:

 

  1. The conditions set out below (and any amendments to those conditions as deemed necessary) and?? 
  1. 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):? 

 

  1. Affordable Housing 

Total: 3 units (all 2-bed 4-person houses): 

2 × Social Rent 

1 × Shared Ownership 

  1. Community Hall Contribution (CDC) 
  1. Outdoor Sport Contribution (CDC) 
  1. Indoor Sport Contribution (CDC) 
  1. Secondary Education (OCC) – UPDATED 
  1. Public Transport Service (OCC) 
  1. Public Transport Infrastructure (OCC) 
  1. Public Rights of Way (OCC) 
  1. Household Waste Recycling (OCC) 
  1. Monitoring Fees & Legal Costs 
  1. CDC and OCC monitoring fees plus OCC legal fees payable by Developer. 
  1. Indexation All contributions indexed as specified in consultee responses. 
  1. Triggers Contributions payable on occupation thresholds as set out by CDC/OCC. 

 

CONDITIONS 

 

1.            Time Limit 

 

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.            Approved Plans

 

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:  

 

Site context / layout 

  • 24 - P0256 - CP100 (Site Context Plan) 
  • 24 - P0256 - 100j (Proposed Site Plan Drawing) 
  • 24 - P0256 - C100c (Colour Site Plan Drawing) 

 

House type plans and elevations 

  • 24 - P0256 - 110 (Plots 1 & 2 – Plans & Elevations) 
  • 24 - P0256 - 111 (Plots 3 & 4 – Plans & Elevations) 
  • 24 - P0256 - 112 (Plot 5 – Plans & Elevations) 
  • 24 - P0256 - 113 (Plots 6 & 7 – Plans & Elevations) 
  • 24 - P0256 - 114 (Plot 8 – Plans & Elevations) 
  • 24 - P0256 - 115 (Plot 9 – Plans & Elevations) 
  • 24 - P0256 - 116 (Plots 10 & 11 – Plans & Elevations) 
  • 24 - P0256 - 117 (Plots 12, 13 & 14 – Plans & Elevations) 
  • 24 - P0256 - 118 (Plot 15 – Plans & Elevations) 
  • 24 - P0256 - 119a (Plot 16 – Plans & Elevations) 
  • 24 - P0256 - 120 (Plot 17 – Plans & Elevations) 
  • 24 - P0256 - 121 (Plot 18 – Plans & Elevations) 
  • 24 - P0256 - 123a (Proposed Railings) 

 

Highways / access 

  • ITB19042-GA-001 H (Site Access Arrangement) 

 

Landscape 

  • LAS 747 11A Landscape Proposals 
  • LAS 747 B Arboricultural Impact Assessment Jan 25 

 

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.            Materials 

 

No development shall commence above slab level until a schedule of materials and finishes to be used in the external walls and roofs of the dwellings and garages has been submitted to and approved in writing by the local planning authority. 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 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. 

 

4.            Boundary Enclosures 

 

No development shall commence above slab level until full details of the enclosures along all boundaries and within the site shall be submitted to and approved in writing by the local planning authority and such means of enclosure shall be erected prior to the first occupation of any dwelling and shall be retained as such thereafter. 

 

Reason: To safeguard the character and appearance of the area, to safeguard the privacy of the occupants of the existing and proposed dwellings and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policies C28 and C30 of the Cherwell Local Plan 1996 and government guidance contained within the National Planning Policy Framework. 

 

5.            Landscaping Scheme 

 

The development shall be carried out in strict accordance with the approved landscaping scheme LAS 747 11A Landscape Proposals and LAS 747 B Arboricultural Impact Assessment Jan 25 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. 

 

6.            Tree Protection 

 

No development shall commence until the existing trees on the periphery of the site have been protected in accordance with the contained within the LAS 747 B Arboricultural Impact Assessment Jan 25. The barriers shall be erected before any equipment, machinery or materials are brought onto the site for the purposes of development 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 and government guidance contained within the National Planning Policy Framework. 

 

7.            External Lighting 

 

Prior to the first use of the development hereby approved details of the external lighting including the design, position, orientation and any screening of the lighting shall be submitted to and approved in writing by the local planning authority. The lighting shall be installed in accordance with the approved scheme prior to the first use of the development hereby approved and shall be operated and maintained as such at all times thereafter. 

  

Reason: In the interests of visual amenity and highway safety, to protect the amenities of nearby residents, To ensure that the development does not cause harm to any protected species or their habitats, and to comply with Policies ESD10 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policies C28 and ENV1 of the Cherwell Local Plan 1996 and government guidance contained within the National Planning Policy Framework. 

 

8.            Construction Environmental Management Plan  

 

No development (including any demolition or site clearance) shall take place until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include: 

 

  • details of construction traffic routes, access arrangements, parking and turning for site operatives and visitors; 
  • measures to control the emission of dust, dirt, noise and vibration during construction; 
  • measures to prevent mud and debris being deposited on the public highway; 
  • details of the location of site compounds and storage of materials; 
  • hours of construction and delivery; and 
  • measures to protect retained trees, hedgerows and habitats during construction. 

 

The development shall be carried out in accordance with the approved CEMP. 

 

Reason: In the interests of the amenities of neighbouring residents, highway safety and the protection of the environment during construction, in accordance with Policy ESD15 of the Cherwell Local Plan 2011–2031 Part 1 and government guidance contained within the National Planning Policy Framework. 

 

9.            Land Contamination – Remediation  

 

No development (other than demolition to ground level) shall take place until a detailed remediation strategy, informed by the submitted land contamination investigations, has been submitted to and approved in writing by the Local Planning Authority. The remediation strategy shall include details of all remedial works and long-term monitoring and maintenance measures. The approved remediation strategy shall be implemented in full prior to the first occupation of any dwelling on the site. 

 

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. 

 

10.         Land Contamination – Verification and Unexpected Contamination  

 

Following completion of the remediation works approved under condition 9, and prior to the first occupation of any dwelling, a verification report that demonstrates the effectiveness of the remediation shall be submitted to and approved in writing by the Local Planning Authority. If, during the course of development, contamination not previously identified is found to be present at the site, no further development shall be carried out until a remediation strategy for dealing with this contamination has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved remediation strategy. 

 

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. 

 

11.         Surface Water, Drainage and SUDS 

 

No development shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include: 

 

  • detailed design drawings and calculations for all SuDS components; 
  • details of attenuation storage and discharge rates; 
  • exceedance flow routing; 
  • evidence of agreement for any outfalls to third-party systems; and 
  • a timetable for implementation. 

 

The approved drainage scheme shall be implemented in full prior to first occupation of the development and shall be retained and maintained thereafter in accordance with condition 12. 

 

Reason: To ensure that the development 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. 

 

12.         SUDS Maintenance and Management 

 

No development shall take place until a SuDS Maintenance and Management Plan for the lifetime of the development has been submitted to and approved in writing by the Local Planning Authority. The plan shall identify the responsible organisation(s) for the SuDS components and set out arrangements for their adoption, maintenance and monitoring. The SuDS shall thereafter be managed and maintained in accordance with the approved plan. 

 

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.         SUDS As-built Record 

 

Prior to the first occupation of the development, an "as built" record of the SuDS, including plans and photographs, shall be submitted to and approved in writing by the Local Planning Authority for deposit on the Lead Local Flood Authority’s asset register. 

 

Reason: To assist in maintaining a record of drainage assets and to ensure the system has been implemented as approved, in accordance with Policies ESD6 and ESD7 of the Cherwell Local Plan 2011-2031 Part 1 and government guidance contained within the National Planning Policy Framework. 

 

14.         Foul Drainage 

 

No development shall commence until a scheme for on-site foul water drainage works, including connection point and discharge rate, has been submitted to and approved in writing by the Local planning authority. The foul drainage works relating to that Phase must be completed prior to the first occupation of any Phase and shall be maintained as such thereafter.  

 

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

 

15.         Water Usage 

 

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. 

 

16.         Archaeology – Written Scheme of Investigation

 

Prior to any demolition (other than to ground level) and the commencement of the development a professional archaeological organisation acceptable to the Local Planning Authority shall prepare an Archaeological Written Scheme of Investigation, relating to the application site area, which shall be 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 (2024). 

 

17.         Archaeology - Implementation 

 

Following the approval of the Written Scheme of Investigation referred to in condition 1, and prior to any demolition other than to ground level 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 (2024). 

 

18.         Habitat Management and Monitoring Plan (HMMP) for Biodiversity  

 

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.   

  

19.         Landscape and Ecological Management Plan (LEMP)  

 

Prior to first occupation of the development hereby approved a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the local planning authority. The development shall not be carried out other than in full accordance with the approved LEMP including any/all timescales set out therein. 

  

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. 

 

20.         Ecological Enhancement Features  

 

Prior to the first occupation of the development, the scheme for the provision of ecological enhancement features within the site, including (but not limited to) integrated bat and bird boxes (such as swift or universal bird bricks), hedgehog connectivity measures and wildlife-friendly planting, shall be submitted to and approved in writing by the Local Planning Authority. The approved measures shall be installed prior to the occupation of the dwelling(s) they serve and shall thereafter be retained. 

 

Reason: To enhance biodiversity and deliver ecological enhancements as part of the development, 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.         Site Access and Visibility  

 

No dwelling shall be occupied until the vehicular access from Station Road and associated visibility splays have been constructed, surfaced and laid out in accordance with details that have first been submitted to and approved in writing by the local planning authority. The visibility splays shall thereafter be kept free of obstruction above a height of 0.6 metres. 

 

Reason: In the interests of highway safety and to ensure safe and suitable access to the site, in accordance with Policy SLE4 of the Cherwell Local Plan 2011–2031 Part 1 and government guidance contained within the National Planning Policy Framework. 

 

22.         Estate Roads, Footways, Parking and Turning  

 

No dwelling shall be occupied until the streets, footways, parking and turning areas serving that dwelling have been constructed, surfaced and drained in accordance with details that have first been submitted to and approved in writing by the local planning authority. Thereafter, the streets, footways, parking and turning areas shall be retained for the purposes specified. 

 

Reason: To ensure a safe and suitable layout for all users, to ensure that adequate off-street parking and turning is provided and retained, and in the interests of highway safety, in accordance with Policy SLE4 of the Cherwell Local Plan 2011–2031 Part 1 and government guidance contained within the National Planning Policy Framework. 

 

23.         Public Rights of Way 

 

No development shall take place until a scheme for the protection and, where necessary, improvement of the public rights of way adjacent to the site, including a timetable for implementation, has been submitted to and approved in writing by the local planning authority. The scheme shall include details of any temporary diversions during construction and permanent surfacing and boundary treatments. The development shall thereafter be carried out in accordance with the approved scheme. 

 

Reason: To safeguard and enhance the public rights of way network and to promote sustainable modes of travel, in accordance with Policies SLE4 and ESD17 of the Cherwell Local Plan 2011–2031 Part 1 and government guidance contained within the National Planning Policy Framework. 

Supporting documents: