Agenda item

Approved, subject to conditions and receipt of comments from English Heritage.

The Committee considered outline application 11/01878/OUT for the erection of up to 115,197sqm of floorspace to be occupied for either B2 or B8 (use classes) or a mixture of both B2 and B8 (use classes). Internal roads, parking and service areas, landscaping and the provision of a sustainable urban drainage system incorporating landscaped area with balancing pond and bund.

The Committee had given consideration to the Members will recall giving consideration to the application at its 22 March 2012 meeting at which time it was  resolved to defer the application to allow officers time to provide further information on traffic management issues, the potential for a relief road and archaeological matters.

In introducing the report, the Senior Planning Officer circulated a list of recommended draft conditions and provided a further verbal update advising Members of the heritage asset conclusions of English Heritage. English Heritage has scheduled the east side of the motorway as a scheduled ancient monument. The west side of the motorway has not been scheduled. The Committee was advised that should Members be minded to approve the application, in addition to the conditions set out in the report, approval should be subject to the receipt of the comments of English Heritage. The Senior Planning Officer confirmed that, depending on the comments, the application may be brought back to the Committee.

In considering the application some Members raised concerns about the movement of Heavy Goods Vehicles in the vicinity and stressed the importance of the inclusion of the relief road on the site and noted the obligation within the proposed s106 agreement relating to the safeguarding of a route for the road.

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

Resolved

That application 11/01878/OUT be approved, subject to:

(i)                 Receipt of comments from English Heritage.

(ii)               Applicant entering into an Agreement acceptable to Cherwell District Council, and Oxfordshire County Council to secure public art, the safeguarding of a route for a relief road across the site whether or not this is required as a result of the Banbury Master Plan work, the safeguarding of a link from the site to the former railway line and a contribution towards the monitoring of the travel plan.

(iii)             Delegated authority to the Head of Public Protection and Major Developments to finalise the wording of the conditions in liaison with South Northamptonshire Council.

(iv)              Departure procedures;

(v)                The following conditions:

(1)               Phasing plan: Prior to the commencement of the development, a phasing plan to cover the entire site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter each reserved matters application shall refer to a phase, phases, or part thereof identified in the phasing plan.

(2)               Landscape bund: Prior to the commencement of the construction of the first building on the site, the landscaping bund shall be constructed in its entirety (along with the whole of the western boundary of the site) in accordance with details to be firstly submitted to and approved in writing by the Local Planning Authority. Thereafter, the bund shall be planted in the first planting season following the completion of the bund in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

(3)               Drainage Principles: Prior to the commencement of the development, a strategy setting out the drainage principles for the entire site shall be submitted to an approved in writing by the Local Planning Authority. Thereafter, the specific drainage details as required by condition 3 shall be in accordance with the approved drainage strategy.

(4)               Protection of Public Footpath: Prior to the commencement of any part of the development within 10m of the existing public footpath(s), the affected footpath(s) shall be protected and fenced to accommodate a width of a minimum of 5m in accordance with details to be firstly submitted to an approved in writing by the Local Planning Authority. The footpath(s) shall remain fenced and available for use until a time that the diverted footpath(s) is/are available for use by the public in accordance with condition 4 unless provision has been made for temporary closure under the Highways Act 1980.

(5)               Replacement Trees: Prior to the construction of the first building, six semi-mature oak trees to be dispersed across the site, shall be individually planted and protected on the site in accordance with details which shall first be submitted to and approved in writing by the Local Planning Authority. Thereafter, the trees shall be maintained and managed in accordance with the landscape management plan approved under condition 5.

(6)               Submission of Reserved Matters: No development on any phase, identified on the approved phasing plan, shall be commenced until full details of the layout, scale, appearance and landscaping (hereafter referred to as reserved matters) have been submitted to and approved in writing by the Local Planning Authority. Thereafter, each phase of the development shall be carried out in accordance with the approved reserved application relating to it.

(7)               Tree Protection: Prior to the commencement of any phase of development, identified on the approved phasing plan, the existing trees on the site shall be protected in accordance with the measures set out in the submitted arboricultural statement prepared by Corbin Ltd (Ref.: 11234-AIA). Thereafter, the tree protection measures shall remain in place on the site until the completion of the development hereby approved.

(8)               Land Contamination (investigation): Each reserved matters application submitted shall be accompanied by a land contamination report which appropriately addresses the further characterisation of the risk from land contamination for that phase of the development, unless such a land contamination report, in relation to the entire site, has been previously submitted to and approved in writing by the Local Planning Authority.

(9)               Archaeology (preparation of WSI): Each reserved matters application submitted shall be accompanied by an archaeological Written Scheme of Investigation, relating to that phase of the development, unless an archaeological Written Scheme of Investigation, in relation to the entire site, has previously been submitted to and approved in writing by the Local Planning Authority.

(10)          Landscaping: Each reserved matters application submitted shall be accompanied by a scheme for landscaping for that phase of the development which shall be in general accordance with drawing numbered xxx.

(11)          Landscape Management: Each reserved matters application submitted shall be accompanied by a management plan for the landscaping scheme for that phase of the development including one years maintenance and 15 years management.

(12)          SUDS: Each reserved matters application submitted shall be accompanied by a surface water and foul drainage scheme for that phase of the development, based on the approved drainage strategy for the whole site, sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development.

(13)          Further Survey Work: Each reserved matters application submitted shall be accompanied by a full, up to date (no more than one year old), ecology survey relating to that phase. Each survey shall include details of protection, mitigation, translocation and enhancement where required.

(14)          Construction Traffic Management: Each reserved matters application submitted shall be accompanied by a Construction Traffic Management Plan for that phase of the development.

(15)          Provision of Road: Prior to the first occupation of any building or land, the proposed means of access between that building or land and the public highway shall be formed, laid out and constructed to adoptable standards.

(16)          BREEAM: The development hereby approved shall be constructed to at least a BREEAM ‘Very Good’ standard under the appropriate BREEAM scheme as registered by the developer with the BRE. No building shall be occupied until such a time that a certificate confirming that the construction of that building achieves the appropriate standard has been submitted to and approved in writing by the Local Planning Authority.

(17)          Provision of Permanent Footpaths: Prior to the first use of any new public footpath, details of how it is to be formed, constructed, surfaced, laid and marked out, drained and completed in accordance with specification details shall be firstly submitted to and approved in writing by the Local Planning Authority. Thereafter, the new public footpath(s) shall be provided on site in accordance with the approved details.

(18)          Expiry of Submission of Reserved Matters: That in the case of the first reserved matters applications, application for approval shall be made not later than the expiration of three years beginning with the date of this permission. All other reserved matters applications shall be submitted before the expiration of six years beginning with the date of this permission.

(19)          Expiry of Reserved Matters: The development to which this permission relates shall be begun not later that the expiration of the two years from the final approval of the last reserved matters application.

(20)          Plans Condition: Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following plans and documents: application forms, design and access statement and drawings numbered xxx.

(21)          Biodiversity Enhancement: The design of the balancing ponds and surrounding area to the south of the dismantled railway shall include details of biodiversity enhancement which shall be submitted with the reserved matters application relating to this part of the site.

(22)          Lighting: All external lighting shall be designed in such a manner that it achieves all criteria specified for a location defined as being with Environmental Zone E2 as defined by the Institute of Lighting Engineers document Guidance on the prevention of obtrusive light.

(23)          No COU: That the development hereby approved shall be used only for purposes falling within Class B2 and B8 together with ancillary B1 use as specified in the Schedule to the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005 and for no other purpose(s) whatsoever.

(24)          % of B2: That no more than 50% of the floorspace of the buildings hereby approved shall be utilised for purposes falling within use class B2 specified in the Schedule to the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005.

(25)          COU does not relate to area beyond dismantled railway line: No buildings or hardstanding for storage or car parking shall be constructed on the land to the south of the dismantled railway line indicated on the approved plans for flood plain, floodplain compensation, balancing ponds and bunds and this area shall be used only for the purposes identified and not for any uses associated with B2 and B8 uses, specified in the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005, hereby approved.

(26)          Building Height: No building shall exceed a height of 16m measured externally from the existing land levels.