Agenda item

The Committee considered a report for the re-development of a former factory site for employment uses (use classes B1, B2 & B8) with associated car parking, servicing and landscaping.

 

The Committee was satisfied with the evidence presented.

 

In reaching their decision, the Committee considered the officers’ report and presentation.

 

Resolved

 

That application 10/01575/OUT be approved subject to: 

 

(i)         The applicants first entering into a planning obligation in respect of infrastructure contributions, green travel plan and the provision of bus stops along the Southam Road;

 

(ii)        The following conditions:

 

(1)               SC1.0AB – That no phase of development shall be commenced until full details of the layout, scale, appearance, access and landscaping (hereafter referred to as reserved matters for that phase) have been submitted to and approved in writing by the Local Planning Authority. 

 

(2)               SC1.1A – That in the case of the reserved matters, application for approval shall be made not later than the expiration of five years beginning with the date of this permission.

 

(3)               SC1.2A – That the development to which this permission relates shall be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last reserved matters to be approved.

 

(4)               The first reserved matters submission shall include full details of the landscape bund and landscaping adjacent to the canal. This development shall be carried out in accordance with the approved details, prior to the completion of the development, or first occupation, whichever is the sooner.

 

(5)               Unless otherwise required by condition, the submission of all reserved matters and the implementation of the development hereby approved, shall be carried out in substantial accordance with the application forms, the design and access statement (as revised February 2011) and drawing numbers 30261-PL-102E Parameters Plan, 12146-09 Proposed Site Access, 1151/10/03 rev B Landscape Proposals for Oxford Canal; 1151/10/04 rev A Landscape proposals Section Canal Boundary; 1151/10/05 rev B illustrative layout Southam Road; 151-10/07 illustrative landscape layout Noral Way received 14.2.11.

 

(6)               That the buildings hereby approved shall not exceed the measurements as detailed on the revised parameters plan as submitted as part of this application, as determined by external measurement.

 

(7)               The applicants, or their agents or successors in title, shall be responsible for organising and implementing an archaeological watching brief, to be maintained during the period of construction/during any ground works taking place on the site.  The watching brief shall be carried out by a professional archaeological organisation in accordance with a Written Scheme of Investigation that has first been approved in writing by the Local Planning Authority.

 

(8)               Following the approval of the Written Scheme of Investigation referred to in Condition 6, no development shall commence on site without the appointed archaeologist being present.  Once the watching brief has been completed, its findings shall be reported to the Local Planning Authority, as agreed in the Written Scheme of Investigation, including all processing, research and analysis necessary to produce an accessible and usable archive and a full report for publication.

 

(9)               Development shall not commence until a drainage strategy detailing any on and/or off-site drainage works, has been submitted to and approved by the local planning authority in consultation with the sewerage undertaker.  No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed.

 

(10)          SC3.0A – That within each phase of the development 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 which shall include:-

(a) details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas,

(b) details of the existing trees and hedgerows to be retained as well as those to be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation,

(c)  details of the hard surface areas, pavements, pedestrian areas, crossing points and steps.

 

(11)          SC3.1A – That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building(s) or on the completion of the development, whichever is the sooner;  and that any trees and shrubs which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation.

 

(12)          SC3.2AA – In this condition a "retained tree" is an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of 5 years from the date of the first occupation of the development.

(a)  No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be pruned in any manner, be it branches, stems or roots, other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. All tree works shall be carried out in accordance with BS3998: Recommendations For Tree Works.

(b)  If any retained tree is cut down, uprooted, destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority.

 

(13)          SC3.3AA – No works or development shall take place until a scheme for the protection of the retained trees (section 7, BS59837, the Tree Protection Plan) has been agreed in writing with the Local Planning Authority.  This scheme shall include:

(a) a plan that shows the position, crown spread and Root Protection Area (paragraph 5.2.2 of BS5837) of every retained tree on site and on neighbouring or nearby ground to the site in relation to the approved plans and particulars. The positions of all trees to be removed shall be indicated on this plan.

(b) the details of each retained tree as required at paragraph 4.2.6 of BS5837 in a separate schedule.

(c)  a schedule of tree works for all the retained trees in paragraphs (a) and (b) above, specifying pruning and other remedial or preventative work, whether for physiological, hazard abatement, aesthetic or operational reasons.  All tree works shall be carried out in accordance with BS3998, 1989, Recommendations for tree work. 

(d) written proof of the credentials of the arboricultural contractor authorised to carry out the scheduled tree works.

(e) the details and positions (shown on the plan at paragraph (a) above) of the Ground Protection Zones (section 9.3 of BS5837).

(f)   the details and positions (shown on the plan at paragraph (a) above) of the Tree Protection Barriers (section 9.2 of BS5837), identified separately where required for different phases of construction work (e.g. demolition, construction, hard landscaping). The Tree Protection Barriers must be erected prior to each construction phase commencing and remain in place, and undamaged for the duration of that phase.  No works shall take place on the next phase until the Tree Protection Barriers are repositioned for that phase.

(g) the details and positions (shown on the plan at paragraph (a) above) of the Construction Exclusion Zones (section 9 of BS5837).

(h)  the details and positions (shown on the plan at paragraph (a) above) of the underground service runs (section 11.7 of BS5837).

(i)   the details of any changes in levels or the position of any proposed excavations within 5 metres of the Root Protection Area (para. 5.2.2 of BS5837) of any retained tree, including those on neighbouring or nearby ground.

(j)   the details of any special engineering required to accommodate the protection of retained trees (section10 of BS5837), (e.g. in connection with foundations, bridging, water features, surfacing)

(k)  the details of the working methods to be employed for the installation of drives and paths within the Root Protection Areas of retained trees in accordance with the principles of "No-Dig" construction.

(l)   the details of the working methods to be employed with regard to the access for and use of heavy, large, difficult to manoeuvre plant (including cranes and their loads, dredging machinery, concrete pumps, piling rigs, etc) on site.

(m)the details of the working methods to be employed with regard to site logistics and storage, including an allowance for slopes, water courses and enclosures, with particular regard to ground compaction and phytotoxicity.

(n)  the details of the method to be employed for the stationing, use and removal of site cabins within any Root Protection Areas (para. 9.2.3 of BS5837).

(o) the details of tree protection measures for the hard landscaping phase (sections 13 and 14 of BS5837).

(p) the timing of the various phases of the works or development in the context of the tree protection measures.

 

(14)          That prior to the commencement of the development, full detailed plans of the proposed access together with the vision splays to the Southam Road and Noral Way shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the first occupation, the access(es) shall be provided in accordance with the approved plans.

 

(15)          Within 3 months of the occupation any building within the development hereby approved, an occupier specific travel plan for that building, a travel plan to reduce dependency on the private car, which shall include clear and unambiguous objectives and model split targets, together with a time-bound programme of implementation, monitoring and regular review and improvement; and based on the particulars contained within the approved framework produced in support of this application, shall be submitted to and approved in writing by the local planning authority.  The travel plan shall thereafter be operated in accordance with the approved details.

 

(16)          SC4.6AA – That the vision splays shall not be obstructed by any object, structure, planting or other material with a height exceeding 0.6 metres as measured from the carriageway level.

 

(17)          SC4.4AA – That the proposed vision splays to Noral Way shall be formed, laid out and constructed in accordance with detailed plans which shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the development and that the land and vegetation within the splays shall not be raised or allowed to grow above a maximum height of 0.6 metres above carriageway level.

 

(18)          Car parking and cycle parking shall be provided in accordance with the local planning authority’s car parking standards, or as otherwise approved in writing by the Local Planning Authority, at the time of any reserved matters submission.

 

(19)          Sc4.15AA - That the parking, servicing and manoeuvring shall be kept free of obstructions at all times and used only for the specified purpose.

 

(20)          The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) by BWB, dated February 2011, Ref: BMW/454/FRA3 and the following mitigation measures detailed within the FRA:

1.                                                                                                                              Compensatory fluvial flood storage shall be provided to mitigate losses in flood water storage during fluvial flood events up to and including the 1 in 100 year event with an allowance for climate change, as detailed in Section 6 of the FRA.

2.   Finished floor levels shall be set no lower than 9.34 mAOD in accordance with Section 6 of the FRA.

3.   Surface water discharge rates shall not exceed 479 I/s across a range of storm events up to and including the 1 in 100 year event with an allowance for climate change, as detailed in Section 6 of the FRA.

 

(21)          No development approved by this planning permission shall take place until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development 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. The scheme shall also include details of how the scheme shall be maintained and managed after completion.

 

(22)          No development approved by this planning permission shall take place until a scheme for the provision and management of a buffer zone alongside the canal shall be submitted to and agreed in writing by the local planning authority.  Thereafter the development shall be carried out in accordance with the approved scheme and any subsequent amendments shall be agreed in writing with the local planning authority.  The scheme shall include:

Ø      Plans showing the extent and layout of the buffer zone

Ø      Details of the planting scheme (for example, native species)

Ø      Details demonstrating how the buffer zone will be protected during development and managed/maintained over the longer term

Ø      Details of any footpaths, fencing, lighting etc.

 

(23)          That prior to the commencement of any development on the site, full details of the restoration of the gatehouse, construction of the new gate piers including their materials of instruction, and reinstatement of the original aluminium gates and lanterns shall be submitted to and approved in writing by the local planning authority.  The works shall be carried out in accordance with the approved details prior to the first occupation of any unit hereby approved.

 

(24)          That no goods, materials, plant or machinery shall be stored, repaired operated or displayed in the open whatsoever.

 

(25)          That prior to the commencement of any development on the site, a management plan for the maintenance of the proposed bund and landscaped area adjacent to the canal shall be submitted to and agreed in writing by the Local Planning Authority.  The management plan shall thereafter be carried out strictly in accordance with the approved details.

 

(26)          That prior to the commencement of any development on the site, further ecological surveys to establish the presence of any protected species or the existence of other wildlife habitats on the site, as recommended by the ecological appraisals prepared by FPCR Environment and Design Ltd and submitted as part of the application, shall be carried out, and shall be submitted to the Local Planning Authority for approval.  Any mitigation or other measures identified as part of those surveys shall be carried out in accordance with those findings.

 

(27)          That prior to the commencement of the development full details of an acoustic barrier which shall take the form of a landscaped bund to be installed along the southern boundary of the site shall be submitted to and approved in writing by the Local Planning Authority.  The submitted information shall include the design calculations which will demonstrate that the proposed barrier will provide sufficient sound attenuation to ensure that the World Health Organisation recommended noise levels for the avoidance of sleep disturbance are not exceeded.  The approved barrier shall be installed in accordance with those details prior to the first occupation of any part of the site and shall be thereafter maintained in good order.

 

(28)          That the accumulative rated level of noise from all fixed plant items on site shall not exceed the levels specified in Table 5.9 on page 16 of the Noise Assessment prepared by Resound Acoustics Ltd – Report Reference RA00081 – Rep 1 revised 3.2.11.  These noise levels are applicable at a point close to, but at least 4m from the front of any relevant façade.  The daytime is between the hours of 07.00hrs and 19.00hrs, evening is between 19.00 hrs and 23.00 hrs, and night time is between 23.00 hrs and 07.00 hrs.

 

(29)          Following the completion of the excavation/source removal and after returning the site to current ground levels through backfilling, but prior to any construction works commencing, a comprehensive ground gas risk assessment should be undertaken.  This ground gas risk assessment  (with suitable remedial proposals included as appropriate) should be submitted to the LPA and agreed prior to any construction works being undertaken.

 

(30)          If ground gas protection measures are required, they shall be undertaken in accordance with the agreed proposals and prior to occupation of the site, a ground gas protection verification report detailing these works shall be submitted to, and agreed with the Local Planning Authority.

 

(31)          The works detailed in the Discovery CE Ltd Remediation Strategy (report No. 10078J-rem-strat) submitted in support of this application shall be undertaken in line with the approved strategy, and any further works required to be protective of the risk from ground gases identified in condition (33).  Prior to occupation of the development, a verification report detailing these works shall be submitted to, and agreed with, the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a long-term monitoring and maintenance plan) for longer term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the remediation strategy, and for the reporting of this to the Local Planning Authority.

 

(32)          SC9.12A – Other than the refurbishment of the listed office building, the development hereby permitted shall be constructed to at least a BREEAM excellent standard. 

 

(33)          Prior to their establishment on site, details of the location of all site compounds and the associated areas for plant storage and access thereto, as well as a scheme for their subsequent removal and restoration of the land shall be submitted to and approved in writing by the Local Planning Authority.

 

(34)          Notwithstanding the provisions of Section 55 (2)(a)(i) of the Town and Country Planning Act 1990 and Class A Part 8, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2010 and its subsequent amendments, no inform al operations increasing the floor space available within the buildings hereby permitted beyond their approved floor shall be carried out without the prior express consent of the Local Planning Authority.

 

(35)          External lighting details to be submitted and agreed prior to the first occupation of the development.