Agenda item

Approved in line with officer recommendation, subject to conditions (and any amendments as deemed necessary), details to be set out in the minutes.

The Committee considered application 26/00044/OUT, an outline application for car storage, workshop and offices at Tuthill Park, Banbury Road Through Wardington, Wardington for Francis Tuthill Ltd.

It was proposed by Councillor Webb and seconded by Councillor Brant that application 26/00044/OUT be approved, in line with officer recommendation.

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

Resolved

That application 26/00044/OUT, in line with officer recommendation, be delegated to the Assistant Director for Planning to grant permission subject to the conditions set out below (and any amendments to as deemed necessary).

Conditions

1.         Application for approval of all the 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 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 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 strictly in accordance with the application form and drawings numbered Wg1013 001 Rev B, Wg1013 020, Wg1013 020 Rev B, Wg1013 021 Rev A and Wg1013 022 Rev A. 

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 (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. 

5.         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  These measures should be informed by and align with those set out in Chapter 5 (Discussion) of the Preliminary Ecological Appraisal prepared by Luscinia Ecology and 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.

6.         No development shall commence unless and until a Construction Traffic Management Plan (CTMP) has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall not be carried out other than in accordance with the approved CTMP.

Reason: In the interests of highway safety and the residential amenities of neighbouring occupiers and to comply with Government guidance contained within the National Planning Policy Framework. 

7.         No development shall commence above slab level unless and until a schedule of materials and finishes for the external walls and roof(s) of the development hereby approved 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 schedule and shall be retained as such thereafter. 

Reason: To ensure the satisfactory appearance of the completed development 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. 

8.         No development shall commence above slab level until a method statement for enhancing biodiversity, in line with the measures identified within the Luscinia Ecology Preliminary Ecological Appraisal has been submitted to and approved in writing by the local planning authority. The biodiversity enhancement measures approved shall be carried out prior to occupation 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.

9.         No development above slab level shall occur until a detailed lighting plan in accordance with current Bat Conservation Trust and Institution of Lighting Professionals Guidance Note 08/23 on bats and artificial lighting has been submitted to and approved by the local planning authority. The development shall be carried out in 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.

10.      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 contained within the National Planning Policy Framework.

11.      The development shall not be used or occupied until the parking and manoeuvring areas have been provided in accordance with the plan hereby approved and have been constructed, laid out, surfaced, drained and completed in accordance with specification details which shall have been submitted to and approved in writing by the Local Planning Authority prior to the commencement of development, and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter. 

Reason: In the interests of highway safety and to comply with government guidance contained within the National Planning Policy Framework. Specification details are required prior to commencement of development to ensure the details are appropriate.