Agenda item


4 The Rookery, Kidlington

Decision:

Approved, subject to conditions

Minutes:

The Committee considered application 12/01321/OUT for the site redevelopment of 11 no. residential dwellings with associated road infrastructure, parking and garaging (resubmission of 12/00460/OUT).

 

Derek Smith, a local resident, spoke against the application.

 

David Coates, the applicant’s agent, spoke in support of the application.

 

In considering the application, members questioned the need for two access points on the development. Some members also commented on the size of the road and whether this would have an impact on the access to the development.

 

Councillor Emptage proposed that application 12/01321/OUT be refused on grounds of access. Councillor Pickford seconded the proposal. The proposal was voted on and subsequently lost.

 

Councillor Rose Stratford proposed that the application be approved. Councillor Stevens seconded the proposal.

 

In reaching their decision, the committee considered the officers report, presentation, written update and presentations of the public speakers.

 

Resolved

 

That application 12/01321/OUT be approved, subject to:

 

(a)               The applicant entering into an appropriate legal agreement to the satisfaction of the District Council to secure financial contributions as outlined in paragraph 5.37 of the report.

 

(b)               The following conditions:

 

(1)               Approval of reserved matter details - scale, appearance and landscaping

 

(2)               Time limit for the submission of reserved matters

 

(3)               Time limit for commencement

 

(4)               That prior to commencement of any development on the site, notwithstanding the details submitted, an Arboricultural Method Statement (AMS), undertaken in accordance with BS5837 shall be submitted and approved in writing by the Local Planning Authority. All works then to be undertaken in accordance with the agreed document.

 

(5)               No works or development shall take place until a scheme of supervision for the arboricultural protection measures has been approved in writing by the Local Planning Authority. This scheme will be appropriate to the scale and duration of the works and, where relevant, must include details of:

 

a)   the project arboriculturalist employed to undertake supervisory role of   relevant arboricultural issues. Applicant / Agent to provide written confirmation and contact details of chosen individual or company.

 

b)   the relevant persons / contractors to be briefed by project arboriculturist on all on-site tree related matters.

 

c)  the timing and methodology of scheduled site monitoring visits to be

     undertaken by the project arboriculturalist.

 

d) the procedures for notifying and communicating with the Local Planning   Authority when dealing with unforeseen variations to agreed tree works and arboricultural incidents.

 

(6)               Prior to the commencement of any works on site or the carrying out of any operation relating to the provision of services, full details of all service trenches, pipe runs or drains and any other excavation, earth movement or mounding required in connection with the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority.  Submitted in a drawing format, the details must include the identification and location of all existing and proposed trees, load bearing planting pits for hard-surface areas, as well as shrubs and hedgerows within influencing distance of such services. The development shall be carried out in accordance with the details so approved.

 

(7)               All agreed service trenches, pipe runs, drains or any other excavation to be constructed within the agreed Root Protection Area (RPA) of the tree/trees on the site shall be undertaken in accordance with National Joint Utility Group (NJUG) ‘Guidelines for the Planning, Installation and Maintenance of Utility Apparatus in Proximity To Trees – Volume 4 and all subsequent revisions and amendments of.

 

(8)               That prior to commencement of any development on the site, notwithstanding the details submitted, full details, specifications and construction methods for all tree pits located within soft landscaped areas, shall be submitted to and approved in writing by the Local Planning Authority. Details must also include specifications for the dimensions of the pit, suitable irrigation and support systems and an appropriate method of mulching. The development shall be carried out in accordance with the details so approved.

 

(9)               Prior to the commencement of the development hereby permitted details of the provision, landscaping and treatment of open space within the site shall be submitted to and approved in writing by the Local Planning Authority.  The open 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.

 

(10)          Development shall not commence until a surface water and foul sewage drainage scheme and 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. 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".

 

(11)          The development hereby permitted shall be carried out in accordance with the recommendations set out in Phase 1 Habitat Survey Report by Windrush Ecology Ltd dated 7th March 2012 unless otherwise agreed in writing by the Local Planning Authority.

 

(12)          Notwithstanding the recommendations and mitigation measures detailed in the Habitat Survey detailed in condition no. 10, development shall not commence until a biodiversity enhancement scheme has been submitted and approved by the Local Planning Authority.  The biodiversity enhancement scheme shall detail:

 

a)     the measures to be taken to ensure the development proceeds in a     sensitive manor with regards to bats, birds and hedgehogs (as stated in the Phase 1 Habitat Survey report).

 

b)     the biodiversity enhancement features to be incorporated within the new dwellings and/or around the site (e.g. bat boxes/tubes, bird boxes). The scheme is to specify the number proposed, type and exact locations.

 

c)      the existing areas of trees and planting to be retained and how these will be protected during the construction phase.

 

d)     the proposed planting scheme for public and private areas (recommendations as to suitable species are made in the Phase 1 report).

 

(13)          A Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.  The CEMP shall include details of the measures to be taken to ensure construction works do not adversely affect residential properties on, adjacent to or surrounding the site and shall include details of the consultation and communication to be carried out with local residents.  Construction work shall thereafter be carried out in accordance with the approved CEMP.

 

(14)          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.

 

(15)          Except where otherwise stipulated by conditions attached to this permission, the        development shall be carried out strictly in accordance with the documents submitted with the application and the following drawings: 05, 06 and 10.

 

(16)          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.

 

(17)          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.

 

(18)          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.

 

(19)          That no surface water from the development shall be discharged onto the adjoining highway and a scheme to prevent this occurrence shall be submitted to and approved in writing by the Local Planning Authority and constructed prior to the commencement of building operations.

 

(20)          That the footway on The Phelps (immediately south of proposed site access) must be improved to OCC specification prior to first occupation.

 

(21)          Prior to first occupation, a copy of the residents’ Sustainable Travel Information Packs must be submitted for consideration and approval. The approved packs must be provided to each residence upon first occupation.

 

(22)          Prior to the commencement of the development hereby permitted a desk study and site walk over to identify all potential contaminative uses on site, and to inform the conceptual site model shall be carried out 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 shall be 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 that it is satisfied that no potential risk from contamination has been identified.

 

(23)          If a potential risk from contamination is identified as a result of the work carried out under condition 22, prior to the commencement of the development hereby permitted, a comprehensive intrusive 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.

 

(24)          If contamination is found by undertaking the work carried out under condition 23, 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.

 

(25)          If remedial works have been identified in condition 24, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition y. 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.

 

Supporting documents: