Agenda item

Approved, subject to conditions

The Committee considered a report which sought an extension of time limit for the implementation of the application 04/02797/OUT which was allowed at appeal for residential development in outline only with all matters reserved.

 

Dominic Woodfield, local ecologist, and David Redhead, Chairman Upper Thames Branch of Butterfly Conservation, addressed the Committee in opposition to the application.

 

David Keyse, applicant, addressed the Committee in support of the application.

 

The Committee considered the ecological impact of the development and noted that the application was outline and therefore further discussions with the applicant could take place.

 

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

 

Resolved

 

That application 10/01667/OUT be approved subject to:

 

(a)               The applicant entering into a planning obligation satisfactory to the District Council to link the existing Section 106 to this permission to secure the required financial contributions and other matters.

 

(b)               The following conditions:

 

(1)               Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the application site plan drawing no. JJG014/101 submitted with the application.

 

(2)               No development shall be started on any phase until full details of the siting, scale, design, layout and external appearance of all buildings, landscaping and all means of access within that phase, the provision of infrastructure and the laying out of open space, (hereafter referred to as reserved matters) have been submitted to and approved in writing by the Local Planning Authority.  The reserved matters submissions shall be in accordance with the Approved Master Plan and Design Codes, unless otherwise approved in writing by the Local Planning Authority. (RC1)

 

(3)               In the case of the reserved matters, application for the first reserved matters approval shall be made not later than the expiration of three years from the date of this permission and the last no later than five years from the date of this permission.  (RC1)

 

(4)               The development to which this permission relates shall be begun not later than whichever is the later of the following dates:

 

a.      the expiration of five years from the date of the grant of outline permission

b.      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 such matter to be approved.

 

(5)               No building on the site shall exceed 3 storeys in height.(RC7A)

 

(6)               The residential development shall be at a range of densities as set out in the Design Codes but at not less than 30 dwellings per hectare in any phase and to achieve an average density of not less than 35 dwellings per hectare across the site. (RC4A)

 

(7)               No more than 500 dwellings shall be built on the site. (RC8A)

 

(8)               A strategy for public consultation in respect of the development shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.  This shall include details of the consultation process to be carried out whilst construction works are proposed, carried out and completed on the site including consultation on Design Codes, Master Plans, Ecological Construction Method Statement and reserved matter applications.  The approved consultation strategy shall thereafter be implemented and complied with at all times unless any alteration or variation has first been agreed in writing with the Local Planning Authority. (RC4A)

 

(9)               That with the exception of an application for the approval of the detailed design and strategy of the surface water drainage and for the layout of the internal road network no other reserved matters applications shall be made or development commenced until the submitted Master Plan has been approved in writing by the Local Planning Authority.  The Master Plan shall include:

 

a.      an overall layout plan showing the distribution of all principle land uses throughout the site, including residential, primary school, areas of open space, the retained County Wildlife Site, and the means of access thereto, including the general alignment of the access roads and principal pedestrian and cycle routes,

b.      the character areas to be covered by Design Codes,

c.      details of the landscape structure, mitigation planting and hedge/tree protection corridors, including a scheme for hedgerow retention/removal if proposed and agreed,

d.      the phases and parcels of the development to which the Affordable Housing Parcel Scheme relate,

e.      details of the foul, surface and land drainage from the site and the development including surface water control measures and balancing, sewers and connections,

f.        the location of the neighbourhood equipped area of play (NEAP) and the boundaries and principal features of the flood plain area.

g.      results of the ecological surveys carried out within the 12 months preceding its submission including how any harm to biodiversity has been avoided, mitigated against and compensated for to result in a net enhancement to biodiversity.

 

Thereafter, the development shall be carried out in accordance with the approved Master Plan.

 

(10)          No reserved matters applications shall be made or development commenced until Design Codes for the site have been submitted to and approved in writing by the Local Planning Authority.  The development shall thereafter be carried out in accordance with the Approved Design Codes.  The Design Codes shall include:

 

a.        the character, mix of uses and density of each phase or parcel identified on the Master Plan to include the layout of blocks and the structure of public spaces,

b.        the character and treatment of the perimeter planting to the development areas,

c.         the building height, scale, form, design features and means of enclosure that will form the basis of the character of each phase or parcel,

d.        the street form, hierarchy and features that will be used to restrict traffic speeds and crate legibility and requirements for street furniture,

e.        the approach to car/cycle parking within the phases and parcels and the level of car/cycle parking to be provided to serve the proposed uses,

f.           the materials to be used within each character area,

g.        the treatment of the hedge corridors and retained trees and local areas of play within each phase or parcel,

h.         measures to ensure energy efficiency and compliance with BRE Eco Homes good/very good ratings,

i.           measures to ensure the retention of the footpaths through the built development and their enhancement for walkers.

 

(11)          The Master Plan and Design Codes shall be submitted to the Local Planning Authority  within 18 months of the date of this permission. (RC4A)

 

(12)          The Ecological Construction Method Statement (ECMS) shall be approved in writing by the Local Planning Authority prior to any work commencing on the site pursuant to this permission.  All work on site shall thereafter be in accordance with the approved ECMS, unless any alteration or variation has first been agreed in writing by the Local Planning Authority. (RC85A)

 

(13)          An implementation plan shall be submitted to and approved in writing by the Local Planning Authority prior to development commencing.  This shall include the timing of the provision of mitigation planting, major infrastructure, access roads, laying out of the open spaces and the development of any proposed phases or parcels. 

 

(14)          The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) by JBA dated March 2010 and the following mitigation measures detailed within the FRA:

 

1.A flood storage compensation scheme shall be provided in accordance with Section 5 of the FRA.

 2. Finished floor levels shall be set no lower than 67.3m AOD, in accordance with  Section 6.1.2 of the FRA.

 3. Ground levels within the developed areas which encroach into the 1 in 100 year flood extent with an allowance for climate change shall be raised to at least 67m AOD as set out in Section 6.1.1 of the FRA.

 4. The surface water drainage scheme shall include permeable paving, water butts and ponds as detailed in Section 6.2.2.

 

(15)          Development shall not begin until a surface water drainage schemefor 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 before the development is completed. The scheme shall also include an assessment of the capacity of the receiving drainage network.

 

(16)          No development on any phase or parcel shall commence until a scheme for disposal of surface water, including phased works and maintenance thereof, attenuation and storage and on-site balancing arrangements, reflecting current best practice for sustainable urban drainage, have been submitted to and approved in writing by the Local Planning Authority. No development shall take place other than in accordance with the approved scheme.

 

(17)          No development shall take place within the site until the applicant has secured the implementation of a stage programme of archaeological investigation measures in accordance with a written scheme which shall be submitted to and approved in writing by the Local Planning Authority.  The programme of work shall include all processing, research and analysis necessary to produce an accessible and usable archive and full report for publication.  The work shall be carried out by a professional archaeological organisation acceptable to the Local Planning Authority.

 

(18)          No development shall commence until a scheme for the disposal of surface water, including phased works and the maintenance thereof, attenuation, storage and on-site balancing arrangements, reflecting current best practice for sustainable urban drainage, has been submitted to and approved in writing by the Local Planning Authority.  No development shall take place other than in accordance with the approved scheme. (RC67AA)

 

(19)          Prior to the commencement of the development details of any flood storage works shall be submitted to and approved in writing by the Local Planning Authority and thereafter development shall take place in accordance with those approved details. (RC88A)

 

(20)          No development shall commence until a scheme for dealing with foul drainage from the site, including any phased works, has been submitted to and approved in writing by the Local Planning Authority.  The foul drainage shall thereafter be carried out in accordance with the approved scheme.  (RC23AA)

 

(21)          Details of the siting and design of the Local Areas of Play (LAPs) shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development in any phase or parcel and thereafter provided in accordance with the approved details, prior to the occupation of any dwelling situated within 30 metres of the perimeter of the LAP. (RC92A)

 

(22)          Prior to the construction of any dwelling in any phase of the development a noise assessment, including any necessary mitigation measures, shall be submitted to and approved in writing by the Local Planning Authority.  Prior to the occupation of any dwelling any necessary mitigation measures shall be completed in accordance with the approved assessment. (RC53AB)

 

(23)          Hedges and trees identified for retention shall be protected by a buffer zone on either side measured at least one metre beyond the existing canopy spread of the hedgerow and trees prior to any agreed pruning or reduction works.  The buffer zone shall be fenced prior to any work on the phase or parcel taking place, in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority.  The approved fencing shall thereafter be retained during all construction activity. (RC73A)

 

(24)          That within 3 to 6 months before works commence on site a survey to check for badger activity shall be undertaken and a report of the findings and recommendations shall be submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved recommendations.  (RC85A)

 

(25)          That within 3 to 6 months before works commence on site a survey to check for bat activity shall be undertaken and a report of the findings and recommendations shall be submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved recommendations.  (RC85A)

 

(26)          No works of site clearance, demolition or construction shall take place unless or until an egg search survey report for White letter Hairstreak (survey to be carried out by Butterfly Conservation on  behalf of the applicant  in the November/ December preceding the submission of the survey report and covering the entire proposed development site and any accessible land within a 50m buffer and the report to include details of species & population present, potential impacts and how impacts will be avoided and mitigated and compensation and enhancement measures) has been submitted to and approved in writing by Cherwell District Council. Any works must, thereafter, be carried out in accordance with the approved scheme.

 

(27)          A scheme for the provision of fire hydrants shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of construction of each phase and shall thereafter be implemented in accordance with the agreed details. (RC87A)

 

(28)          Details of the location of all site compounds, access thereto and construction site parking, 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 prior to their establishment.  The compounds, accesses and parking shall be located and subsequently removed in accordance with the approved details. (RC91)

 

(29)          That prior to the first occupation of the development a scheme for the provision of street nameplates, including their location and full design details, shall be submitted to and approved in writing by the Local Planning Authority.

 

(30)           That prior to the first occupation of the development the street nameplate details approved under condition 29 shall be installed, retained and maintained in accordance with those details.