Agenda item

The Committee considered a report of the Head of Development Control and Major Developments on an application for the construction of engineering works to form the Banbury flood alleviation scheme. The works would comprise the construction of an earth embankment adjacent to the OxfordCanal, the local excavation of earth and clay material to construct the embankment, realignment of two sections of the River Cherwell, the raising of an 850m long section of the A361. The whole works to the north of the M40 would increase the floodwater storage capacity of the existing natural floodplain. There would also be the construction of a secondary embankment and floodwalls at Wildmere Industrial Estate to lesson the risk of flooding to industrial premises on that estate (as amended by drawing Nos 07012501 P04 and 07012502 P05 received 03/08/09 and Addendum to Environmental Statement considering CPO No. 4 and Cropredy Bridge Registered Historic Battlefield received 5 November 2009).

Mr Geoff Bell of the Environment Agency spoke in favour of the Application as a representative of the Applicant.

The Committee noted that the application was of strategic importance for the Banbury area. Members expressed concerns about the impact of traffic in the area while the A361 was closed for the engineering works and commented on the importance of consultation with the parish councils in the area throughout the process.

The Committee requested that Officers write to Oxfordshire County Council and South Northamptonshire County Council advising them of the Planning Committee’s concerns about the traffic diversions and the need for weight limits on rural roads during the temporary closure of the A361 and seeking assurance that it would be properly monitored.

In reaching their decision the Committee considered the Officers’ report, presentation and written update and the presentation of the public speaker.

Resolved

That application 09/00570/F be approved subject to the following:

1)                 That authority be delegated to the Head of Development Control and Major Developments to grant Full Planning Permission subject to no new objections (issues not addresses within the Officers’ report) in relation to the addendum to the Environmental Statement having been received from consulted parish councils by Thursday 17 December 2009

And the following conditions:

1)                 1.4A – 3 years time limit (RC2)

2)                 Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the approved schedule of plans and documents attached

3)                 No development shall commence on site until the applicant has secured a staged programme of archaeological investigation in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority. (RC61AA)

4)                 No development shall commence on the temporary crossing of the Oxford Canal until detailed plans of the proposed works and restoration measures have been submitted to and approved in writing by British Waterways and the Local Planning Authority.  The development shall be carried out in accordance with the approved details.

5)                 No development shall take place until details of the protective fencing and other root protection measures to be erected/implemented in order to protect existing trees and hedges to be retained as shown on the approved plans have been submitted to and approved in writing by the Local Planning Authority. The approved fencing shall be erected before development affecting those trees/hedges commences and the fencing shall thereafter be retained in situ at all times until such development is complete. The land so enclosed shall be kept clear of all materials, machinery and temporary materials at all times nor shall any fires be lit within the fencing. (RC72A)

6)                 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme for landscaping the site (including all boundaries to the route of the A361) which shall include details of all proposed tree, hedgerow and shrub planting including their species, number, sizes and positions, together with grass/wildflower seeded/turfed areas. (RC10A)

7)                 That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in accordance with a landscape implementation phasing plan which has been submitted to and approved in writing by the Local Planning Authority before any development commences. (RC10A)

8)                 No development shall take place until a maintenance schedule for the landscape planting for a minimum period of 5 years has been submitted to and approved in writing by the Local Planning Authority.  The landscaping shall be maintained in accordance with the maintenance schedule at all times thereafter. (RC10A)

9)                 Monitoring equipment such as Inclinometers, shall be installed on the M40 embankment adjacent to borrow area RA6 and shall be retained in situ in good working order at all times thereafter until the completion of the embankment works in the vicinity.

10)             All temporary storage and working areas and temporary accesses shall be removed on completion of the development hereby approved and the ground restored and landscaped in accordance with the approved landscaping scheme within the first available planting season following completion of the development unless otherwise agreed in writing by the Local Planning Authority. (RC10A)

11)             The development hereby permitted shall not encroach within 3m of the M40 highway boundary.

12)             No development shall commence until details of the proposed surfacing materials to be used in the construction of the proposed permissive footpath have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

13)             No development shall take place until a Working Method Statement and Ecological Management Plan has been submitted to and approved in writing by the Local Planning Authority which specifies the following;

·        The methodology and timings of any vegetation and habitat removal (including the felling of any trees identified as potentially supporting bat roosts) and engineering works to minimise the impacts on any potential protected species which may have colonised the site since the Environmental Statement was produced

·        Information on the dates, timings and methodology for the construction of any habitat mitigation and compensation proposals, including the mitigation measures provided in the Environmental Statement, and the long term management and maintenance of any habitats created, retained or enhanced.

All development shall thereafter take place in accordance with the approved Method Statement and Management Plan. (RC85A)

14)             The development shall be carried out in accordance with the Flood Risk Assessment (FRA) (Black and Veatch, July 2004 & Banbury FAS PPS25 Practice Guide – Appendix C FRA Pro-forma) and the mitigation measures therein unless otherwise previously approved in writing by the Local Planning Authority. (RC88A)

15)             If, during development, contamination not previously identified is found to be present on the site then no further development (unless otherwise previously agreed in writing by the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority, for an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with (RC81)

16)             Operations that involve the destruction and removal of vegetation or buildings (or parts of buildings) shall not be undertaken during the months of March to July inclusive, unless otherwise previously approved in writing by the Local Planning Authority.

17)             No development shall take place that affects any public right of way until full details of any enhancement, improvement, diversion or closure have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

And the following Informatives

1)                 Any raised, new, diverted route of footpaths should be of the same width as the existing footpath.A planning permission does not authorise the diversion of a public footpath and there is a separate statutory procedure for such diversions.

2)                 Temporary closures of the footpath will be needed and warning signs will be required at new junctions.

3)                 With respect to construction works to be carried out in close proximity to Public Rights of Way, please note the following standard requirements:-

·        The routes must be kept clear, unobstructed, safe for users, and no structures or material placed on the right of way at all times.

·        There must be no interference or damage to the surface of the right of way as a result of the construction. Any damage to the surface of the path must be made good by the applicant, specifications for any repair or surfacing work must be approved by this authority.

4)                 All works will be carried out via an Agreement with Northamptonshire County Council and Oxfordshire County Council under Section 278 of the Highways Act 1980. No works should be carried out until the applicant has submitted a detailed design of the scheme and the scheme approved in writing by the Highway Authorities. All diversion routes will need to be included in the Agreement.

5)                 Measures will need to be in place to prevent rat running during the construction phase to protect the highway network and local villages. These measures need to be agreed in writing by the Highway Authority and will be carried out by way of a Section278 Agreement and should involve consultation with local parishes.

6)                 The applicant will be required to enter into a Section 59 and/or 60 Agreement under the Highways Act 1980 to address any damage to local roads.

7)                 The landscaping required to form the highway boundary after any land dedication associated with the CPO will be subject to written agreement with the Highway Authority.

8)                 Natural England can provide advice on the scope and suitability of any Working Method Statement and Ecological Management Plan.

9)                 The applicant is advised to contact Paul Maison at British Waterways on 01908 302506 in order to ensure that any necessary consents are obtained and the works are compliant with the current British Waterways Code of Practice for works affecting British Waterways and also further consultation should take pace in respect of drawing no. 07 012 501 P04 regarding Area A proposed wet woodland and Ox-Bow lake and Area RA6 (South) raised area-source of earth for main embankment.  The area’s after use plan for restoration could include potential facilities linked to the canal.

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