Agenda item

The Committee considered a report of the Head of Development Control and Major Developments for the demolition of 33 Oxford Road and the erection of 23 dwellings.

The Committee sought clarification on condition 19 which related to application 05/01337/OUT and were advised the permission could not be implemented prior to the implementation of permitted development. The Committee were advised that planning permission for 05/01337/F had been issued following completion of the legal agreement.

In reaching their decision the Committee considered the Officers report, written update and presentation.

Resolved

That application 09/00939/F be approved subject to the completion of a S106 Agreement covering Affordable Housing, Children’s Play Space and Financial contributions.

And of the following conditions:

1)                 SC1.4A

2)                 SC2.0

3)                 SC3.0 – (d) details to also include planting of small trees along the Southern edge of the development. (e) Details also to include planting of an avenue of trees through the entrance road to the site, through to the point of exit of the proposed pathway link to Bankside.

4)                 SC3.4A – North East, 2metres

5)                 SC3.10 – Reason as stated

6)                 SC3.5 – trees, tree, tree

7)                 SC3.7A

8)                 SC4.0A  Prior to the construction of the dwellings

9)                 SC4.6 – 0.6m

10)             SC4.9A

11)             SC4.10A

12)             SC4.13CC

13)             SC4.14C

14)             SC4.21A

15)             SC6.2

16)             SC6.3

17)             SC6.6A

18)             Prior to the commencement of the development hereby permitted a phased risk assessment shall be carried out by a competent person in accordance with current Government and Environment Agency Guidance and Approved Codes of Practice, such as CLR11, BS10175, BS5930 and CIRIA 665. Each phase shall be submitted to and approved in writing by the Local Planning Authority:

Phase 1 shall incorporate a desk study and site walk over to identify all historic and current potential contaminative uses on site, and to inform the conceptual site model. If potential contamination is identified in Phase 1 then a Phase 2 investigation shall be undertaken.

Phase 2 shall include a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present, make an assessment of the risks, including those off site, to receptors and to inform the remediation strategy proposals. If contamination is found by undertaking the Phase 2 investigation then Phase 3 shall be undertaken.

Phase 3 requires that a scheme of remediation and/or monitoring to ensure the site is suitable for its proposed use be submitted to and approved in writing by the Local Planning Authority (LPA). The remediation shall be carried out in accordance with the approved scheme and the applicant shall provide written verification to that effect. The development shall not be occupied until any approved remedial works, have been carried out and a full validation report has been submitted to and approved in writing by the Local Planning Authority. In the event that gas protection is required, all such measures shall be implemented in full and confirmation of satisfactory installation obtained in writing from a Building Control Regulator. Reason- It is suspected that this site and/or nearby land and water may be contaminated as a result of former industrial use(s) or otherwise. 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 Policy ENV12 of the adopted Cherwell Local Plan.

19)             The permission hereby granted shall not be implemented prior to the lawful implementation of any development permitted pursuant to the planning application reference 05/01337/OUT for residential development and associated facilities of land to the east and including the provision of a primary school, Community Park and other local facilities.

20)             No development shall commence until a S278 Agreement has been entered with the County Council for the access works necessary within the public highway.

21)             No development shall be commenced until details and plans of the screening fence/Wall to be provided alongside Nos 31 and 35 Oxford Road have been submitted to and approved in writing by the Local Planning Authority.  The approved fencing/walling shall be installed prior to the commencement of the works on site and thereafter be maintained at all times.

22)             Provision shall be made within the layout to accommodate a footpath/cyclepath link between the site and land to the East and the footpath/cyclepath shall be provided up to the boundary of the site in the position approved to an adoptable standard.

23)             That no means of access whatsoever shall be formed or used between the land identified in this application and Canal Lane.

24)             No external lighting whatsoever shall be placed on the rear walls or roof of the buildings or sited in the rear gardens of plots 7-15 inclusive without the prior express planning consent of the Local Planning Authority.

25)             That the approved Bat mitigation detailed in the Ecological Survey commissioned in June 2009 by Jonathan Flint shall be implemented in full as part of the development and all bat boxes installed as part of the approved mitigation scheme shall not be removed or destroyed and if they become damaged shall be repaired or replaced and thereafter properly maintained.

Councillor Debbie Pickford requested that her abstention from the vote be recorded as she had not been present for the whole of the Officer’s presentation and debate.