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 25/02918/OUT, an outline application (All Matters Reserved except for Access) for the development of up to 150 homes (Class C3), up to 70-bed care home (Class C2), up to 65 no. retirement/assisted living units (Class C2/C3) and associated facilities, car parking associated with the neighbouring land use (sui generis), public open space, pedestrian and cycle links, play area, drainage, landscaping, and all other related works including the removal of fuel storage tanks and associated engineering/remediation works and demolition of associated structures and buildings at Land At Islip Fuel Depot, Adjoining Oxford to Bicester Railway, Bletchingdon Road, Islip for Barwood Development Securities Ltd and NCM Real Returns Property GP Ltd.

 

Dennis Price and Andrew Smith on behalf of Islip Parish Council addressed the Committee in objection to the application.

 

Sarah Butterfield, agent on behalf of the application, addressed the Committee in support of the application.

 

It was proposed by Councillor Dr Thornhill and seconded by Councillor Brasha that application 25/02918/OUT be approved in line with officer recommendation.

 

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

 

Resolved

 

(1)      That, in line with officer recommendation, authority be delegated to the Assistant Director - Planning to grant permission for application 25/02918/OUT 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 following (and any amendments as deemed necessary):

 

·      Expansion and efficiency improvements of Household Waste Recycling Centre. £22,253.

·      Increase Capacity and Stock at Kidlington Library Service: £23,844

·      £258,264 towards creation of additional clinical capacity at Islip Medical Practice or an identified primary care estates project in the local area to serve the development.

·      The Recreation and Leisure Team at Cherwell District Council have requested the following contributions towards:

·         Enhancement of Community Hall Facilities in the locality based on 2.4 person per dwelling = £165,301.20

·         Outdoor Sport provision based on £585,650.00. This contribution is considered to accord with policy BSC11 and the CDC Playing Pitch Strategy which identifies the need for improved pitches at Islip or Kidlington sports facilities.

·         Indoor Sports provision contribution £219,882.00. This contribution will go towards improving indoor sport provision.

·         Community Development Worker contribution of £37,449.61. The Community Development Worker would help integrate residents into the community and wider area.

·         Community Development Fund. £12,825.00. This contribution is considered to accord with the aims of Chapter 8 of the NPPF and promoting health and safe communities, specifically the aim of promoting social interaction.

·         Public Art. A contribution of £250 per dwelling plus 5% management and 7% maintenance has been requested towards public art. Based on the above this would amount to £73,870.00 No details have been provided on what public art this will be used to fund so I do not consider that it would meet the three tests contained within paragraph 58 of the NPPF. The applicant has however agreed to pay this contribution, so this is a benefit in the planning balance.

·      Oxfordshire County Council has requested the following financial contributions:

·         £5,000 Highway works for Kidlington Road signage

·         £5,933.60 towards wayfinding

·         £388,740 towards public transport services

·         £100,000 towards bus stop improvements

·         £3,840 towards Traffic Reg Order

·         £4,070 towards travel plan monitoring

·         £1,465, 914 towards Primary education

·         £1,453,680 towards Secondary education

·         £101,556 towards costs of acquiring a new secondary school site

·         £129,842 towards special education

·         TVP has requested £30,521 for a contribution towards additional staff, vehicles, premises, equipment, APNR cameras.

 

·      TVP has requested £30,521 for a contribution towards additional staff, vehicles, premises, equipment, APNR cameras.

 

Conditions

 

1.    Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of 18 months 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 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 strictly in accordance with the form and following approved plans: 

 

·         Site Location Plan (Tilted:  4274 01 Rev D)

·         Islip Access Plan (Titled: 08756-0101 Rev J)

·         Bletchingdon Road Plan (Titled: 08756-0111 Rev P03)

·         Swept Path Analysis Plan (Titled: 08756-0102 Rev P01)

·         High Street Crossing Point (Titled: 08756-0112 P02) 

 

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 until a phasing plan covering the entire application site shall be submitted to and approved in writing by the local planning authority. Thereafter the development shall be carried out in accordance with the approved phasing plan, and each reserved matters application shall only be submitted in accordance with the terms of the approved phasing plan and refer to the phase (or phases) it relates to as set out in the approved phasing plan. 

 

Reason: To ensure the proper phased implementation of the development and associated infrastructure in accordance with Policies BSC8, BSC9, BSC10, BSC11, BSC12, ESD1, ESD2, ESD3, ESD5, ESD6, ESD7, ESD8, ESD10, ESD13, ESD15, ESD16, ESD17 and SLE4 of the Cherwell Local Plan 20112031 Part 1 and Policies C28 and C30 of the Cherwell Local Plan 1996 and government guidance contained within the National Planning Policy Framework 

 

5.    Prior to the submission of any reserved matters application, a Design Code to include the distribution of land uses, form of buildings, street frontage, materials, servicing, parking and sustainability features shall be submitted to and approved in writing by the local planning authority. Thereafter, each reserved matters application shall be submitted in accordance with the approved Design Code. 

 

Reason: To ensure a high quality development and appropriate infrastructure in accordance with Policies BSC8, BSC9, BSC10, BSC11, BSC12, ESD1, ESD2, ESD3, ESD5, ESD6, ESD7, ESD8, ESD10, ESD13, ESD15, ESD17 and SLE4 of the Cherwell Local Plan 2011-2031 Part 1 and Policies C28 and C30 of the Cherwell Local Plan 1996 and government guidance contained within the National Planning Policy Framework. 

 

6.    No development shall commence until details of the existing and proposed ground levels and finished floor levels of the development in relation to the adjacent buildings have been submitted to and approved in writing by the local planning authority. The development hereby permitted shall be constructed in accordance with the approved levels and shall be retained as such thereafter. 

 

Reason: In order to safeguard the visual amenities 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. 

 

7.    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. 

 

8.    No development shall commence until a construction traffic management plan (CTMP) has been submitted to and approved in writing by the local planning authority. The CTMP shall include:  

a)    Details of wheel cleaning/wash facilities, to prevent mud from being carried onto the adjacent highway by vehicles.

b)    Contact details of the Project Manager and Site Supervisor responsible for on-site works.

c)    Details of how appropriately trained banksmen will be used for guiding vehicles and unloading.

d)    Details of where staff and visitors to the construction site will park.

e)    Details of times for deliveries to and the removal of materials from the site.

f)     Layout plan of the site that shows haul roads, site storage, compound and pedestrian routes.

g)    Measures to control the emission if dust and dirt during construction

 

The development shall then be undertaken in accordance with the approved CTMP. 

 

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.

 

9.    Prior to the first occupation of any residential dwelling, a Residential Travel Plan meeting the requirements set out in the Oxfordshire County Council guidance document, Transport for New Developments; Transport Assessments and Travel Plans (March 2014) 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 Residential Travel Plan.

 

Reason: To encourage occupiers of the new dwellings to use sustainable modes of transport in accordance with the National Planning Policy Framework.

 

10.Prior to the first occupation of the care home, a Care Home Travel Plan meeting the requirements set out in the Oxfordshire County Council guidance document, "Transport for New Developments; Transport Assessments and Travel Plans (March 2014)" 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 care home Travel Plan.

 

Reason: To encourage occupiers of the new dwellings to use sustainable modes of transport in accordance with the National Planning Policy Framework.

 

11.Prior to the commencement 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. Thereafter, the site shall be managed in accordance with the details of the approved LEMP.

 

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. 

 

12.No development shall take place (including demolition, ground works, vegetation clearance) 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: 

 

a)    Risk assessment of potentially damaging construction activities;

b)    Identification of ‘Biodiversity Protection Zones’;

c)    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);

d)    The location and timing of sensitive works to avoid harm to biodiversity features;

e)    The times during construction when specialist ecologists need to be present on site to oversee works;

f)     Responsible persons and lines of communication;

g)    The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person;

h)    Use of protective fences, exclusion barriers and warning signs i) Badger surveys

i)     Soft felling measures for trees with bat roost potential  

 

The approved CEMP: Biodiversity shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.  

 

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. 

 

13.Prior to the commencement of the development, a Construction Environment Management Plan (CEMP), which shall include details of the measures to be taken to ensure construction works do not adversely affect residential or other sensitive properties on, adjacent to or surrounding the site together with details of the consultation and communication to be carried out with the occupiers of those properties shall be submitted to and approved in writing by the Local Planning Authority.

 

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

 

Reason: To ensure the development do not adversely impact the amenities of existing residents in the locality in accordance with saved Policies ENV1 and C30 of the Cherwell Local Plan 1996 and government guidance in the National Planning Policy Framework. 

 

14.No occupation shall take place on any phase of the development until a detailed lighting strategy for that phase 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 details. The details to be submitted shall include:

 

a)    Lighting for play

b)    Lighting for public realm and walking and cycling routes

c)    Landscape and ecological areas where lighting will be prohibited.

d)    A strategy for roads and development parcels.

e)    A strategy for mitigation to reduce light pollution during construction.  

 

Reason: To minimise light pollution from the construction and operational phase of development and to ensure that the proposals are in accordance with Policies BSC10, BSC11, ESD13, ESD15 and ESD17 of the Cherwell Local Plan 2011-2031 Part 1 and saved policies C28 and C30 of the Cherwell Local Plan 1996 and the aims and objectives of the National Planning Policy Framework

 

15.No development approved by this planning permission shall commence until a remediation strategy to deal with the risks associated with contamination of the site in respect of the development hereby permitted, has been submitted to, and approved in writing by, the local planning authority. This strategy will include the following components:  

 

a)    A site investigation scheme, based on the Desk Study, to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site.

b)    The results of the site investigation and the detailed risk assessment referred to in (a) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

c)    A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (b) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

Any changes to these components require the written consent of the local planning authority. The scheme shall be implemented as approved. 

 

Reason: To ensure that the development does not contribute to and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution in accordance with government guidance contained within the National Planning Policy Framework.

 

16.If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to, and approved in writing by, the local planning authority. The remediation strategy shall be implemented as approved. 

 

Reason: To ensure that the development does not contribute to and is not put  at unacceptable risk from or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site. This is in line with paragraph 187 of the National Planning Policy Framework. 

 

17.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 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.

·      Consent for any connections into third party drainage systems

 

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 

 

18.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.pdf 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 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.

 

19.The development shall not be occupied until confirmation is provided that either:

 

1.    All necessary upgrades to the foul water network to accommodate additional flows from the development have been completed; or 

2.    A phasing plan for development and infrastructure, agreed with Thames Water and the Local Planning Authority, is in place. Where such a plan exists, no occupation shall occur other than in accordance with the approved phasing schedule. 

 

Reason: Network reinforcement is likely to be required to support the proposed development. These upgrades are essential to avoid the risk of sewer flooding and pollution incidents. 

 

20.No development shall be occupied until confirmation has been provided that either: all water treatment 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 the Local Authority in consultation 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 water and treatment upgrade works are anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional demand anticipated from the new development. Any necessary reinforcement works will be necessary in order to avoid no water incidents.

 

 

(1)          It was further resolved that when the statutory determination period for this application expired on 12 June 2026, if the section 106 agreement/undertaking was not completed and the permission was not able to be issued and no extension of time had been agreed between the parties, authority be delegated to the Assistant Director - Planning to refuse the application for the following reason: 

 

1.         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, SLE4   INF1 of the Cherwell Local Plan 2011-2031 Part 1 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.