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 25/02863/OUT, an outline application for the development of up to 76 dwellings, green and blue infrastructure, open space and associated works, with All Matters Reserved apart from access at Part Of Os Parcels 1864 And 3655 South West Of Milestone Farm Broughton Road Banbury for Kler Group.

 

Councillor Kieron Mallon addressed the Committee as Local Ward Member.

 

Richard West, agent on behalf of the applicant, addressed the Committee in support of the applicant.

 

It was proposed by Councillor Dr Thornhill and seconded by Councillor Brasha that application 25/02863/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 for Planning to grant permission for application 25/02863/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): 

 

a)    Provision of 30% affordable housing on site

b)    contribution to CDC for the provision or enhanced facilities at The Hill, Sunshine Centre or community facilities at Woodgreen Leisure Centre - £83,742.68

c)    contribution to CDC towards outdoor sport provision - £214,237.00

d)    contribution to CDC towards indoor sport at Woodgreen Leisure Centre or a new indoor sport facility in the locality - £81,171.00

e)    contribution to CDC towards public art within the vicinity - £21,280

f)     payment of the District Council’s monitoring costs of £5,000

g)     contribution to OCC of £120,000 for Highway Works

h)    contribution to OCC of £103,664 for enhanced public transport services

i)     contribution to OCC of £14,864 for enhanced public transport infrastructure

j)     contribution to OCC of £4,224 for Traffic Regulation Order

k)    contribution to OCC of £750,186 for secondary education provision

l)     contribution to OCC of £72,468 for secondary education land

m)  contribution to OCC of £70,823 for special education needs

n)    contribution to OCC of £7,866 for household waste and recycling centres

o)    payment of the County Council’s monitoring costs – TBC and

p)    contribution to BOBICB for health care enhancements – £68,870

 

Conditions

 

Time Limit

 

1.  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.  In the case of the reserved matters, the final application for approval shall be made not later than the expiration of 18 calendar months beginning with the date of this permission. 

 

Reason: This permission is in outline only and is granted 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.

 

3.  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 40 calendar months 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 (General Development Procedure) Order 2015 (as amended). The time period for submission has been reduced from standard period. The application has been submitted to address the Council's 5-year housing land supply position and is in accordance with the applicant's planning statement. 

 

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 TBC 

 

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. 

 

Highways 

 

5.  The means of access between the land and the highway shall be constructed, laid out, surfaced, lit and drained in accordance with details that have first been submitted to and approved in writing prior to the first trench being dug by the Local Planning Authority including the swept paths of the refuse vehicle covering all manoeuvres and all ancillary works therein specified shall be undertaken in accordance with the said specification before first occupation of the dwellings hereby approved. 

 

Reason: To ensure a safe and adequate access.

 

6.  Visibility splays shall be provided as an integral part of the construction of the accesses and shall not be obstructed at any time by any object, material or structure with a height exceeding 0.6 metres above the level of the access they are provided for. 

 

Reason: In the interests of road safety.

 

7.  Prior to commencement of the development hereby approved, a Construction Traffic Management Plan (CTMP) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved CTMP shall be implemented and operated in accordance with the approved details. The CTMP will need to incorporate the following in detail:

 

·      Routing of construction traffic and delivery vehicles is required to be shown and signed appropriately to the necessary standards/requirements. This includes means of access into the site.

·      Details of and approval of any road closures needed during construction.

·      Details of and approval of any traffic management needed during construction.

·      Details of wheel cleaning/wash facilities – to prevent mud etc, in vehicle tyres/wheels, from migrating onto adjacent highway.

·      Details of appropriate signing, to accord with the necessary standards/requirements, for pedestrians during construction works, including any footpath diversions.

·      The erection and maintenance of security hoarding / scaffolding if required.

·      Contact details of the Project Manager and Site Supervisor responsible for on-site works to be provided.

·      The use of appropriately trained, qualified and certificated banksmen for guiding vehicles/unloading etc.

·      No unnecessary parking of site related vehicles (worker transport etc) in the vicinity – details of where these will be parked and occupiers transported to/from site to be submitted for consideration and approval.

·      Layout plan of the site that shows structures, roads, site storage, compound, pedestrian routes etc.

·      Contact details for person to whom issues should be raised with in first instance to be provided and a record kept of these and subsequent resolution.

·      Details of times for construction traffic and delivery vehicles, which must be outside network peak and school peak hours.

 

Reason: In the interests of highway safety and to mitigate the impact of construction vehicles on the surrounding highway network, road infrastructure and the residential amenities of neighbouring occupiers. 

 

8.         No other part of the development shall be occupied until the offsite highway works have been laid out and constructed in accordance with details to be submitted to and first approved in writing by the Local Planning Authority in consultation with the Highway Authority. The works shall include:

 

·                Proposed site access arrangements, pedestrian infrastructure and new bus stops (eastbound/westbound) as shown in principle on Drawing no. 3794-ADC-HGN-XX-DR-CH-0100-S1-Rev P04 including the provision of signalised pedestrian crossing connecting the two new bus stops (eastbound/westbound) located on Broughton Road.  

 

Reason: To ensure a safe and adequate access to the site for all use 

 

9.         Prior to the first use or occupation of the development hereby approved, details including exact locations of the proposed two new bus stops (eastbound and westbound) should be submitted and approved in writing by the Local Planning Authority. Thereafter the bus stop shall be implemented in accordance with the approved details. 

 

Reason: In the interests of safety and convenience of users of the public transport services.

 

10.      Prior to occupation of the development details shall be submitted for the approval of the Local Planning Authority for a scheme for parking, garaging and manoeuvring in accordance with Oxfordshire’s “Parking Standards for New Developments”. The approved scheme shall be implemented and made available for use before the development hereby permitted is occupied and that area shall not thereafter be used for any other purpose.

 

Reason: To enable vehicles to draw off, park and turn clear of the highway to minimise danger, obstruction and inconvenience to users of the adjoining highway. 

 

11.      No part of the development shall be occupied until an area has been laid out within the site for refuse vehicles to turn in accordance with details to be submitted and approved by the Local Planning Authority and that area shall not thereafter be used for any other purpose. 

 

Reason: To enable vehicles to draw off and turn clear of the highway.

 

12.      Prior to the first occupation of the development hereby approved, a Residential Travel Information Pack shall be prepared in accordance with the Department of Transport’s Best Practice Guidance Note "Using the Planning Process to Secure Travel Plans", and submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be implemented and operated in accordance with the approved details.

 

Reason: In the interests of sustainability and to ensure a satisfactory form of development, in accordance with Government guidance contained within the National Planning Policy 

 

13.      Full specification details of an all-weather surfaced pedestrian path linking the residential footways within the site to the northeastern boundary via the existing public right of way including the connection point into the adjacent site (located to the east) and the proposed delivery timescales for this pathway, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. All associated works therein specified shall be undertaken in accordance with the approved timeframe before first occupation of the dwellings hereby approved. 

 

Reason: To ensure a safe and adequate pedestrian connectivity to the adjacent site. 

 

Archaeology 

 

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 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). 

 

Drainage 

 

16.      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 both .pdf and .shp 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 sufficient capacity is made available to accommodate the new development and in order to avoid adverse environmental impact upon the community and to ensure compliance with Policy ESD 6 and 7 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance within the National Planning Policy Framework. 

 

Ecology 

 

17.      No development shall commence until a wildlife-sensitive lighting scheme, in line with Bat Conservation Trust guidance on bats and artificial lighting at night (GN08/23) has been submitted to and approved in writing by the LPA. Thereafter, the development shall not be carried out other than in accordance with the approved lighting scheme. 

 

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. 

 

18.      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.

 

19.      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.      No development shall commence above slab level until a method statement for enhancing ecology including at least one bird/bat box per dwelling and all enhancement measures in the Ecological Appraisal report 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. 

 

21.      A revised ecological survey shall be undertaken prior to the submission of any reserved matters application if the baseline data as submitted in this application is out of date. The survey results, together with any necessary changes to the mitigation plan or method statement shall be submitted to and approved in writing the Local planning authority. Thereafter, the development shall be carried out in full 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 

 

22.      As part of any reserved matters application an LVA shall be submitted, the LVA shall include:

 

·                3D modelling, wirelines, or rendered photomontages (LI Visualisation Types 2-3) to show how the scheme responds positively to the underlying topography and its landscape context. The visualisations must be supported by narrative that identifies the mitigation measures inherent to the scheme and how these are necessary to protect landscape character.

 

The LVA must conform to best practice and guidance including demonstration that alternative layouts have been considered and the mitigation hierarchy has been followed as part of an iterative and coordinated design process. 

 

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. 

 

23.      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. 

 

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

 

1.  Foul water Capacity exists off site to serve the development, or 

2.  A development and infrastructure phasing plan has been agreed with the Local Authority in consultation with Thames Water. 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, or

3.  All Foul water network upgrades required to accommodate the additional flows from the development have been completed.  

 

Reason: Network reinforcement works may be required to accommodate the proposed development. 

 

25.      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

 

 

(2)      It was further resolved that when the statutory determination period for this application expired on 24 July 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, authority be delegated to the Assistant Director - Planning to refuse the application for the following reason: 

 

1.  In the absence of a satisfactory 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 mitigation required as a result of the development and necessary to make the ecological, landscape and highway impacts of the development acceptable in planning terms, to the detriment of both existing and proposed residents and contrary to development plan policies SLE4, ESD10, ESD13, INF1, C7, C8 and C28 and national guidance contained in the National Planning Policy Framework.