Agenda item


33 Oxford Road and land to the rear of Nos. 35-59, Oxford Road, Bodicote, Banbury

Decision:

Approved, subject to conditions.

Minutes:

The Committee considered application 12/00290/F for the demolition of 33 Oxford Road and erection of 21 dwellings and new access road – amendment to planning permission 09/00939/F.

 

Doug Glassford, Technical and Construction Director of the company, addressed the committee in support of the application.

 

Members commented on the need for housing and affordable housing in the area.

 

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

 

Resolved

 

That application 12/00290/F be approved, subject to:

 

a)         The applicant/s entering into an appropriate legal agreement to the satisfaction of the District Council to secure financial contributions,

 

b)         the expiry of the re-consultation period

 

c)         the following conditions:

 

(1)               SC1.4A Full Permission: Duration Limit (3 years) (RC2)

 

(2)               Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the following plans and documents listed below:

 

Planning Support Statement by Stansgate Planning dated March 2012 and its Addendum dated June 2012, Design and Access Statement by Malcolm Payne Group dated February 2012, Update Phase 1 and Protected Species Survey Assessment by Worcestershire Wildlife Consultancy dated April 2012, Transport Statement by Banners Gate dated March 2012, Traffic Noise impact report by Hoare Lea and dwg nos. (to be completed) received with the application.

 

(3)               SC2.0 Details of materials and external finishes (RC4A)

 

(4)               That 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.

 

d.      details to also include planting of small trees along the southern edge of the development.

 

e.      details also to include planting of an avenue of trees through the entrance road to the site, through to the point of exit of the proposed pathway link to Bankside.

 

 

(5)               SC3.1A Carry out Landscaping Scheme and Replacements (RC10A)

 

(6)               That except to allow for the means of access and vision splays the existing hedgerow/trees along the north east boundary of the site shall be retained and properly maintained at a height of not less than 2 metres, and that any hedgerow/tree which may die within five years from the completion of the development shall be replaced and thereafter be properly maintained in accordance with this condition.

 

(7)               Prior to the commencement of the development hereby permitted details of the provision, landscaping and treatment of open space/play space within the site shall be submitted to and approved in writing by the Local Planning Authority.  The open space/play space, once approved shall be landscaped, laid out and completed in accordance with the details approved and within a time period to be first approved in writing by the Local Planning Authority and thereafter retained as open space/play space.

 

(8)               The applicant shall give written notice to the Local Planning Authority of 7 working days prior to carrying out the approved tree works and any operations that present a particular risk to trees (e.g. demolition within or close to a Root Protection Area (RPA), excavations within or close to a RPA, piling, etc).

 

(9)               That full details of the enclosures along all boundaries and within the site shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development, and such means of enclosure, in respect of those dwellings which it is intended shall be screened, shall be erected prior to the first occupation of those dwellings.

 

(10)          That prior to the construction of the dwellings, the proposed means of access between the land and the highway shall be formed, laid out and constructed strictly in accordance with Oxfordshire County Council’s specification, and that all ancillary works therein specified shall be undertaken in accordance with the said specification.

 

(11)          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.

 

(12)          That, before any of the dwellings are first occupied, the whole of the estate roads and footpaths (except for the final surfacing thereof) shall be laid out, constructed, lit and drained to the Oxfordshire County Council's "Conditions and Specifications for the Construction of Roads."

 

(13)          That, before any of the dwellings are first occupied, the proposed vehicular accesses, driveways and turning areas that serve those dwellings shall be constructed, laid out, surfaced and drained in accordance with specification details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.

 

(14)          That before the development is first occupied, the parking and manoeuvring areas shall be provided in accordance with the plan hereby approved and shall be constructed, laid out, surfaced, drained and completed in accordance with specification details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development, and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter.

 

(15)          Prior to the first use or occupation of the development hereby permitted, covered cycle parking facilities shall be provided on the site in accordance with details to be first submitted to and approved in writing by the Local Planning Authority.  The covered cycle parking facilities so provided shall thereafter be permanently retained and maintained for the parking of cycles in connection with the development.

 

(16)          SC 4.14DD Green Travel Plan (RC66A)

 

(17)          Prior to the commencement of development a Construction Traffic Management Plan shall be submitted to and approved in writing by the Local Planning Authority.

 

(18)          Prior to the commencement of the development hereby permitted, a detailed scheme for the surface water and foul sewage drainage of the development shall be submitted to, and approved in writing by, the Local Planning Authority.  The approved surface water drainage scheme shall be carried out prior to commencement of any building works on the site and the approved foul sewage drainage scheme shall be implemented prior to the first occupation of any building to which the scheme relates.  All drainage works shall be laid out and constructed in accordance with the Water Authorities Association's current edition "Sewers for Adoption".

 

(19)          That, notwithstanding the provisions of Classes A to E (inc.) of Part 1, of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 and its subsequent amendments, the approved dwelling(s) shall not be extended (nor shall any structures be erected within the curtilage of the said dwelling(s) without the prior express planning consent of the Local Planning Authority.

 

(20)          That, notwithstanding the provisions of Classes A, B and C of Part 1, of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 and its subsequent amendments, no new window(s) or other openings, other than those shown on the approved plans, shall be inserted in the walls or roof of the building without the prior express planning consent of the Local Planning Authority.

 

(21)          That, notwithstanding the provisions of Class A of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 and its subsequent amendments, the garage(s) shown on the approved plans shall not be converted to provide additional living accommodation without the prior express planning consent of the Local Planning Authority.

 

(22)          Prior to the commencement of the development hereby permitted, a comprehensive investigation in order to characterise the type, nature and extent of contamination present, the risks to receptors and to inform the remediation strategy proposals shall be documented as a report undertaken by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11’ and submitted to and approved in writing by the Local Planning Authority. No development shall take place unless the Local Planning Authority has given its written approval that it is satisfied that the risk from contamination has been adequately characterised as required by this condition.

 

(23)          If contamination is found by undertaking the work carried out under condition 22, prior to the commencement of the development hereby permitted, a scheme of remediation and/or monitoring to ensure the site is suitable for its proposed use shall be prepared by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11’ and submitted to and approved in writing by the Local Planning Authority. No development shall take place until the Local Planning Authority has given its written approval of the scheme of remediation and/or monitoring required by this condition.

 

(24)          If remedial works have been identified in condition 22, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 23. A verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority.

 

(25)          No development shall commence until a S278 Agreement has been entered with the County Council for the access works necessary within the public highway.

 

(26)          No development shall be commenced until details and plans of the screening fence/Wall to be provided alongside Nos 31 and 35 Oxford Road have been submitted to and approved in writing by the Local Planning Authority.  The approved fencing/walling shall be installed prior to the commencement of the works on site and thereafter be maintained at all times.

 

(27)          Provision shall be made within the layout to accommodate a footpath/cyclepath link between the site and land to the East and the footpath/cyclepath shall be provided up to the boundary of the site in the position approved to an adoptable standard.

 

(28)          That no means of access whatsoever shall be formed or used between the land identified in this application and Canal Lane.

 

(29)          No external lighting whatsoever shall be placed on the rear walls or roof of the buildings or sited in the rear gardens of plots 7-15 inclusive without the prior express planning consent of the Local Planning Authority.

 

(30)          That the approved Bat mitigation detailed in the Ecological Survey commissioned in June 2009 by Jonathan Flint and the updated Phase 1 and protected Species survey assessment dated April 2012 shall be implemented in full as part of the development and all bat boxes installed as part of the approved mitigation scheme shall not be removed or destroyed and if they become damaged shall be repaired or replaced and thereafter properly maintained.

 

No removal of trees or hedgerows is to take place between the months of March and August inclusive unless supervised by a suitably qualified ecologist checking for the presence of nesting birds.  If active nests are found to be present than clearance works in that area will need to be delayed until the chicks have fledged. (RC86A)

 

(31)          No works of site clearance, demolition or development are to take place until a biodiversity enhancement strategy has been submitted to CDC for approval.  This is to detail the number, type and location of bird nesting and bat roosting boxes/tubes to be provided.  Swift and/or sparrow as well as general bird nest boxes would be suitable for this location.  All works are to proceed in accordance with the approved document.

Supporting documents: