Agenda item

Approved, subject to various requirements to be set out in the Minutes

The Committee considered application 18/00293/OUT, an outline application for the development of car park and caravan park on land to the west of Banbury Railway Station to comprise up to 63 apartments all within Use Class C3; provision of vehicular and cycle parking together with all necessary internal roads and footpaths; provision of open space and associated landscape works; and ancillary works and structures at Caravan Park, Station Approach, Banbury, OX16 5AB for Land Group (Banbury) Ltd.

 

Stephen Hinsley, agent for the applicant, addressed the committee in support to the application.

 

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

 

Resolved

 

That application 18/00293/OUT be approved and that authority be delegated to the Assistant Director of Planning Policy and Development to grant planning permission, subject to:

 

a)                No new material considerations being raised by consultees and third parties to the amended plans.

 

b)                Completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990, as substituted by the Planning and Compensation Act 1991, in accordance with the summary of the Heads of Terms below:

                        i.         Affordable housing as previous UU

                       ii.         Canal towpath  contribution – This matter is still being discussed by the applicant and CRT

                      iii.         Cemetery contribution – as previous formula

                     iv.         Community hall contribution – pro rata increase from previous UU on the basis of 63 units rather than 44

                       v.         Footbridge contribution calculated on basis set out in OCC response

                     vi.         Health and well-being contribution with pro rata increase as above

                    vii.         Public art contribution with pro rata increase as above

                   viii.         Sports facility contribution with pro rata increase as above

                     ix.         Waste contribution with pro rata increase as above

                       x.         Education contribution as revised in latest correspondence

 

c)                 Conditions relating to the matters detailed below (the exact conditions and the wording of those conditions to be delegated to the Assistant Director for Planning Policy and Development).

 

1.                 No development shall commence until full details of the layout, scale, appearance, and landscaping (hereafter referred to as reserved matters) of the hereby approved development have been submitted to and approved in writing by the Local Planning Authority.

 

2.                 In the case of the reserved matters, no application for approval shall be made later than the expiration of three years beginning with the date of this permission.

 

3.                 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 such matter to be approved.

 

4.                 Except where otherwise stipulated by condition, the development shall be carried out in general accordance with the following plans and documents: Application forms, Design and Access Statement dated October 2018, and drawing numbered SKL-01 dated 2.10.18

 

5.                 The layout of the site shall provide for a 10 metre wide ecological buffer zone measured from the bank top (defined as the point at which the bank meets the level of the surrounding land) alongside the River Cherwell

 

6.                 As part of the reserved matters submission full details of the means of access between the land and the highway, and within the application site, including position, layout, construction, drainage and vision splays shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the means of access shall be constructed and retained in accordance with the approved details.

 

7.                 Prior to the first use or occupation of the development hereby permitted, covered and uncovered cycle parking facilities shall be provided on the site in accordance with details which shall be firstly submitted to and approved in writing by the Local Planning Authority. Thereafter, the covered cycle parking facilities shall be permanently retained and maintained for the parking of cycles in connection with the development.

 

8.                 As part of the reserved matters submission full details of refuse vehicle turning within the site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

 

9.                 A Construction Traffic Management Plan shall be submitted with the reserved matters application, and shall thereafter be complied with.

 

10.             Prior to the commencement of the development hereby approved, 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. Thereafter, and prior to the commencement of any building works on the site the approved surface water drainage scheme shall be carried out and prior to the first occupation of any building to which the scheme relates the approved foul sewage drainage scheme shall be implemented. 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 approved shall proceed in accordance with the Flood Risk Assessment prepared by [insert] received [insert] accompanying the application unless otherwise previously approved in writing by the Local Planning Authority.

 

12.             No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the Local Planning Authority. The statement shall provide for at a minimum:

 

a) The parking of vehicles of site operatives and visitors;

b) The routeing of HGVs to and from the site;

c) Loading and unloading of plant and materials;

d) Storage of plant and materials used in constructing the development;

e) The erection and maintenance of security hoarding including

decorative displays and facilities for public viewing, where

appropriate;

f) Wheel washing facilities/ road sweeping;

g) Measures to control the emission of dust and dirt during

construction;

h) A scheme for recycling/ disposing of waste resulting from

demolition and construction works;

i) Delivery, demolition and construction working hours;

j) The mitigation measures recommended at (ADD

REFERENCES) of the submitted Environmental Statement

(DATE)

k) Details of the measures to be taken to ensure construction works

do not adversely affect residential properties adjacent to or

surrounding the site together with details of the consultation and

communication to be carried out with local residents.

The approved Construction Method Statement shall be adhered to

throughout the construction period for the development.

 

13.             Prior to the commencement of the development hereby approved, including any demolition and any works of site clearance, a Construction Environmental Management Plan (CEMP), which shall include details of the measures to be taken to ensure that construction works do not adversely affect biodiversity, or detrimentally affect the stability or integrity of the canal and river banks shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved CEMP.

 

14.             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.

 

15.             If a potential risk from contamination is identified as a result of the work carried out under condition 14, 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.

 

16.             If contamination is found by undertaking the work carried out under condition 15 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.

 

17.             If remedial works have been identified in condition 16 the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 16. 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.

 

18.             Prior to, and within two months of, the commencement of the development, the site shall be thoroughly checked by a suitably qualified ecologist to ensure that no protected species, which could be harmed by the development, have moved on to the site since the previous surveys were carried out. Should any protected species be found during this check, full details of mitigation measures to prevent their harm shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved mitigation scheme.

 

19.             Prior to the development commencing a report should be provided and approved in writing by the local planning authority that shows that all habitable rooms within the dwelling will achieve the noise levels specified in BS8233:2014 (Guidance on sound insulation and noise reduction for buildings) for indoor and external noise levels (if required then the methods for rating the noise in BS4142:2014 should be used, such as for noise from industrial sources). Thereafter, and prior to the first occupation of the dwellings affected by this condition, the dwellings affected by this condition, the dwellings shall be shall be insulated and maintained in accordance with the approved details.

 

20.             As part of the reserved matters submission an energy statement shall be submitted demonstrating compliance of the development with Policy ESD3 of the Cherwell Local Plan