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 25/01444/HYBRID, a Hybrid application comprising development of up to 72 dwellings (C3 Use

Class) and a care home with up to 75 bedrooms (C2 Use Class) with other related infrastructure and associated works (in outline), and access to Wincanton Road (in full) at Land West of Oxford Road and South of Newton Close Bicester, for Countryside Properties (Bicester) Limited.

 

Pearce Gunne-Jones, the agent on behalf of the applicant, addressed the Committee in support of the application.

 

It was proposed by Councillor Pruden and seconded by Councillor Dr Thornhill that the application be approved, in line with the officer recommendation.

 

In reaching its decision the Committee considered the officer’s report and presentation, and the addresses by public speakers.

 

Resolved

 

(1)          That, in line with the officer’s recommendation, permission be granted for application 25/01444/HYBRID 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 mitigation set out at paragraph 9.94 (and any amendments as deemed necessary). 

  

CONDITIONS 

 

Time Limit 

 

1.         The development to which this permission relates in respect of the proposed access into the site 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.         Application for the approval of all reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development hereby permitted shall be begun either before the expiration of three years from the date of this permission or before the expiration of two years from the date of approval of the last 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 2025 (as Amended). 

 

3.         Details of the layout, scale appearance, access 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). 

 

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  and documents: Air Quality Assessment Rev C dated April 2025; Arboricultural development Statement dated May 2025; Habitat Maintenance Management Plan; Biodiversity Net Gain Assessment; Ecological Impact Assessment dated May 2025; Ecology Note dated 15th August 2025; Ecology Technical Note produced by EDP dated 2nd October 2025; Foul and Surface Water Drainage Strategy Rev D; Energy and Sustainability Statement Noise Impact Assessment Rev E; Transport Statement; Transport Statement Addendum Rev I dated October 2025; Flood Risk Assessment Rev C; Planning Statement; Amended Design and Access Statement; Design Code Version 3; Drawing Numbers: Layout drawing 180601 U19C-SK011; 874/02/709/D; Turning and Swept Path Analysis PD04 Rev A; Red Line boundary PPoo1 Rev A; Site Location Plan; Blue Line boundary; Illustrative Masterplan; Parameter Plans – land use, residential and building heights; swept path analysis refuse PD03 AT01. 

 

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 part of the development hereby permitted shall take place 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 Land Contamination Risk management (LCRM) 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 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 within the National Planning Policy Framework. 

 

6.         If a potential risk from contamination is identified as a result of the work carried out under condition 5 above, 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  Land Contamination Risk Management (LCRM) 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 within the National Planning Policy Framework. 

 

7.         If contamination is found by undertaking the work carried out under condition 6 above, 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 within the National Planning Policy Framework. 

 

8.         If remedial works have been identified in condition 7 above, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 7. 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 within the National Planning Policy Framework. 

 

9.         Prior to the commencement of the development, an odour impact assessment following the IAQM Guidance on the assessment of odour for planning (latest version) will be required due to the proximity of the proposed development to the nearby commercial food premises and service station. Should mitigation be required the approved system shall be installed and operated in accordance with the approved scheme at all times the building is in use for the purposes hereby permitted. 

 

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. 

 

10.      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. Prior to the first use of the development hereby approved the lighting shall be installed and operated in accordance with the approved scheme at all times thereafter. 

 

Reason: In the interests of visual amenity and highway safety and to protect the amenities of nearby residents and to comply with Policy 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. 

 

11.      No development shall be occupied until confirmation has been provided that either: 

- all water network upgrades required to accommodate the additional demand to serve the development have been completed; or  

– a development and infrastructure phasing plan has been agreed with Thames Water to allow development to be occupied. Where a development and infrastructure phasing plan is agreed no occupation shall take place other than in accordance with the agreed development 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. 

 

12.      Construction shall not begin until 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 drainage design 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 connection into third party drainage systems 

 

Reason: To ensure development does not increase the risk of flooding elsewhere, in accordance with Paragraph 155 of the National Planning Policy Framework and Local and National Standards. 

 

13.      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: 

 

·         as built plans in both .pdf and .shp file format 

·         photographs to document the completed installation of the drainage structure on site 

·         the name and contact details of any appointed management company information 

 

Reason: In order to avoid adverse environmental impact upon the community and to ensure compliance with Policy ESD 6 and ESD7 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance within the National Planning Policy Framework. 

 

14.      Prior to any demolition 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. 

 

15.      Following the approval of the Written Scheme of Investigation referred to in condition 14, and prior to any demolition 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 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. 

 

16.      Prior to first occupation a Travel Plan Statement and Residential Travel Information Pack which shall meet the criteria contained within the template in appendix 4 of the OCC guidance document Transport for New Developments – Transport Assessments and Travel Plans March 2024, shall be submitted to and approved in writing by the Local Planning Authority. The Residential Travel Information Pack shall be distributed to all residents at the point of occupation; the development shall be occupied thereafter in accordance with the approved Travel Plan. 

 

Reason: In the interest of sustainability and to ensure all resiednts and employees are aware from the outset of the travel choices available to them and in accordance with Government guidance within the National Planning Policy Framework 

 

17.      Prior to first occupation a full Travel Plan for the care home shall be submitted to and approved in writing by the Local Planning Authority. The approved Travel Plan shall be updated within 3 months of full occupation once a robust survey opportunity is available and submitted to and agreed in writing by the Local Planning Authority. The content of the travel plan should meet the criteria contained within appendix 5 of the OCC guidance document. The development shall thereafter be occupied in accordance with the approved Travel Plan. 

 

Reason: In the interests of sustainability and to accord with Government guidance within the National Planning Policy Framework. 

 

18.      Prior to first occupation, a Service and Delivery Management Plan for the care home 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 Service and Delivery management plan. 

 

Reason: In the interest of highway safety and to accord with Government guidance within the National Planning Policy Framework.  

 

19.      Prior to the commencement of any development on the site, a Construction Environment and Traffic Management Plan (CETMP) shall be submitted to and approved in writing by the Local Planning Authority. The CETMP shall include the following: 

 

·         details of wheel cleaning/wash facilities, to prevent mud from being carried onto the adjacent highway by vehicles 

·         contact details of the Project Manager and Site supervisor responsible for on-site works 

·         details of how appropriately trained banksmen will be used for guiding vehicles and unloading 

·         details of where staff and visitors to the construction site will park 

·         details of times for deliveries to and the removal of materials from the site 

·         layout plan of the site that shows haul roads, site storage, compound and pedestrian routes 

·         Measures to control the emission of dust and dirt during construction; 

·         Delivery, demolition and construction working hours; 

 

The development shall be undertaken in accordance with the approved CETMP. 

 

Reason: In the interests of highway safety and to mitigate the impact of construction vehicles on the surrounding highway network, road infrastructure and local residents, particularly at morning and afternoon peak traffic times, and in accordance with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. 

 

20.      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 within the National Planning Policy Framework. 

 

21.      The vision splays shall not be obstructed by any object, structure, planting or other material of a height exceeding 0.6m measured from the carriageway level. 

 

Reason: In the interest of highway safety and to comply with government guidance within the National Planning Policy Framework. 

 

22.      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 covered 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 within the National Planning Policy Framework. 

 

23.      Prior to the first occupation of the development, a scheme for the provision of vehicular charging points to serve the development shall be submitted to and approved in writing by the Local Planning Authority. The vehicular electric charging points shall be provided in accordance with the approved details prior to the first occupation of the unit they serve and retained as such thereafter.  

 

Reason: To comply with Policies SLE4, ESD1, ESD3 and ESD5 of the adopted Cherwell Local Plan 2011-2031 Part 1 and to maximise opportunities for sustainable transport modes in accordance with paragraph 110(e) of the National Planning Policy Framework. 

 

24.      No development shall commence until a Biodiversity Method Statement or Enhancement Plan has been submitted to and approved in writing by the Local Planning Authority. The biodiversity enhancement measures approved shall be carried out prior to first occupation of the development and shall thereafter be retained in full 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. 

 

25.      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 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 within the National Planning Policy Framework. 

 

26.      Prior to the commencement of development, a lighting design for bats as detailed in the Ecological Impact Assessment Section 7 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. 

 

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 within the National Planning Policy Framework. 

 

27.      The care home hereby approved shall be a C2 use only in accordance with the application submitted. 

 

Reason: To ensure that the development is carried out in accordance with the submission and ensure the provision of sufficient infrastructure in accordance with government guidance within the NPPF. 

 

28.      The reserved matters applications shall be accompanied by a detailed energy and sustainability report which sets out the energy and water efficiency proposals for the development. The development shall be carried out in accordance with the approved document. 

 

Reason: In the interests of sustainability and to accord with Policy ESD3 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the NPPF. 

 

(2)          It was further resolved that as the statutory determination period for this application expired on 10 April 2026, 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; delegated authority be granted to the Assistant Director Planning to refuse application 25/01444/HYBRID for the following reason: 

In the absence of a signed?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 infrastructure?provisions and?contributions?related to?affordable housing, open space,?highways, education, health and other social infrastructure,?necessary to make the impacts of the?development acceptable in planning terms. The proposal therefore runs contrary to Polices, BSC?3, BSC 7, BSC8, BSC 10-12, SLE 4???INF1 of the Cherwell Local Plan?(2015)?and?Polices CSD 22-23,?COM?2, COM?15 -17 COM?20-21,?COM 23-24?of the Cherwell Local Plan Review (2042),?Cherwell District Council’s Developer Contributions Supplementary Planning Document (2018) and Government guidance within the National Planning Policy Framework.?