Agenda item

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

 

 

The Committee considered application 18/00487/F for a Part three storey, part two storey development of 14 flats with ground floor commercial units, on land to rear on 7 High Street and car parking area to rear accessed from George Street at Land To The Rear Of 7 And 7A, High Street, Banbury for Gigo Leisure Ltd.

 

Roger Cummings, the applicant’s agent, addressed the committee in support to the application.

 

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

 

Resolved

 

That application 18/00487/F be approved and that authority be delegated to the Assistant Director for Planning and Economy to grant permission, subject to the conditions set out below (and any amendments to those conditions as deemed necessary) and the 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, to secure the following (and any amendments as deemed necessary):

 

a) Provision of 40% affordable housing on site

b) Payment of a financial contribution towards off site sports, recreation provision and community facilities in the locality as detailed at paragraph 9.40 above.

 

CONDITIONS

 

Time Limit

 

1.       The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission.

 

Compliance with Plans

 

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:  TBC

 

Archaeology

 

3.       Prior to any demolition and the commencement of the development a Archaeological Written Scheme of Investigation relating to the application site area shall be submitted to and approved in writing by the Local Planning Authority. Following the approval of the Written Scheme of Investigation referred to above, and prior to any demolition on the site and the commencement of the development (other than in accordance with the agreed Written Scheme of Investigation), a staged programme of archaeological evaluation and mitigation shall be carried out by the commissioned archaeological organisation in accordance with the approved Written Scheme of Investigation. The programme of work shall include all processing, research and analysis necessary to produce an accessible and useable archive and a full report for publication which shall be submitted to the Local Planning Authority.

 

Levels

 

4.       No development shall take place until details of all finished floor levels in relation to existing and proposed site levels and to the adjacent buildings have been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall be constructed in accordance with the approved levels.

 

Drainage

 

5.       Development shall not begin until a surface water drainage scheme for 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:

 

• Discharge Rates

• Discharge Volumes

• Maintenance and management of SUDS features

• Infiltration in accordance with BRE365 (including seasonal monitoring and recording of groundwater levels)

• Detailed drainage layout with pipe numbers

• Network drainage calculations

• Phasing

• Flood Flow Routing in exceedance conditions

• No private drainage into the existing or proposed adoptable highway drainage system.

 

Construction Traffic Management Plan

 

6.       Prior to the commencement of development, a construction traffic management plan shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, construction shall be carried out in accordance with the approved details.

 

Access details

 

7.       Prior to the commencement of the development hereby approved, full details of the means of access between the land and the highway, 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.

 

Land Contamination Desk Study / Site Walkover

 

8.       No part of the development hereby permitted shall take place until a desk study and site walk over to identify all potential contaminative uses on site, and to inform the conceptual site model has been 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 has been 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.

 

Land Contamination Intrusive Investigation

 

9.       If a potential risk from contamination is identified as a result of the work carried out under condition 8, 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.

 

Land Contamination Remediation Scheme

 

10.     If contamination is found by undertaking the work carried out under condition 9, 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.

 

Land Contamination Remediation Works

 

11.     If remedial works have been identified in condition 10, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 10. 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.

 

Sustainable Construction

 

12.     Prior to the commencement of any works associated with the construction of a dwelling, details of the means by which all dwellings will be designed and constructed to achieve an energy performance standard equivalent to a 19% improvement in carbon reductions on 2013 Part L of the Building Regulations (unless a different standard is agreed) shall be submitted to and approved in writing by the local planning authority. The development shall thereafter be carried out in accordance with the approved details and no dwelling occupied until it has been constructed in accordance with the approved energy performance measures. 

 

Biodiversity

 

13.     A method statement for enhancing the biodiversity of the site shall be submitted to and approved in writing by the Local Planning Authority prior to the development reaching slab level. Thereafter, the biodiversity enhancement measures approved shall be carried out prior to occupation and retained in accordance with the approved details.

 

Noise report

 

14.     Prior to any development above slab level a noise report should be provided and approved in writing by the local planning authority that demonstrate how all habitable rooms within the dwellings hereby permitted will achieve the noise levels specified in BS8233:2014 (Guidance on sound insulation and noise reduction for buildings) for indoor noise levels.  Thereafter, and prior to the first occupation of the dwellings, the dwellings shall be shall be insulated and maintained in accordance with the approved details.

 

Hard landscaping

 

15.     Unless an alternative time frame is agreed in writing by the developer and the Local Planning Authority, no development shall commence above slab level unless a scheme for the landscaping the site has been submitted to and approved in writing by the Local Planning Authority, which shall include details of the hard landscaping including hard surface areas, pavements, pedestrian areas and steps. The approved scheme shall be implemented prior to the first occupation of the development and shall be retained as such thereafter.

 

Bin store

 

16.     Prior to any works above slab level full details of the bin store enclosures shall be submitted and approved in writing by the local planning authority.  The development shall thereafter be carried out in accordance with the approved details and permanently retained as ancillary to development.

 

Architectural detailing

 

17.     Notwithstanding the details shown on the approved plans, further details of the architectural detailing of the exterior of the development, together with the eaves and verge treatment, shall be submitted to and approved in writing by the Local Planning Authority prior to the construction of the building above slab level.  The development shall thereafter be carried out in accordance with the approved details and shall be retained as such thereafter.

 

Shop fronts

 

18.     Prior to the installation of any shop front full details of the shop fronts shall be submitted and approved in writing by the local planning authority.  The development shall thereafter be carried out in accordance with the approved details prior to the first occupation of the building and shall be retained as such thereafter.

 

Schedule of materials

 

19.     A schedule of materials and finishes to be used in the external walls and roof(s) of the building shall be submitted to and approved in writing by the Local Planning Authority prior to the construction of the building above slab level. The development shall thereafter be completed in accordance with the approved details and shall be retained as such thereafter.

 

Brick Sample Panel

 

20.     The external walls of the building shall be constructed in brickwork, of a type, colour, texture, face bond and pointing which is in accordance with sample panels (minimum 1 metre squared in size) which shall be constructed on site to be inspected and approved in writing by the Local Planning Authority before the commencement of the brickwork.  The sample panels shall be constructed in a position that is protected and readily accessible for viewing in good natural daylight from a distance of 3 metres. The panel shall be retained on site for the duration of the construction contract.

 

Render

 

21.     Prior to its occupation, the external wall(s) of the element of the building shown rendered shall be rendered in accordance with a colour and texture sample which shall have first been submitted to and approved in writing by the Local Planning Authority.

 

Sample of roof materials

 

22.     Samples of the slates to be used in the covering of the roof of the buildings shall be submitted to and approved in writing by the Local Planning Authority prior to prior to the construction of the building above eaves level.  The development shall be carried out in accordance with the samples so approved and shall be retained as such thereafter.

 

Window and door details

 

23.     Notwithstanding the details on the submitted plans, details of the construction, including cross sections, cill, headers, reveal and colour / finish of the proposed windows and doors to a scale of not less than 1:10 shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of that work. The development shall be carried out in accordance with the approved details and shall be retained as such thereafter.

 

Boundary treatments

 

24.     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 those works. Such approved means of enclosure shall be erected prior to the first occupation of any of the buildings and shall be retained as such thereafter.

 

Cycle Parking Provision

 

25.     Prior to the first use or occupation of the development hereby permitted, details of the covered cycle parking facilities shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the covered cycle parking facilities shall be provided prior to the first occupation of the building and permanently retained and maintained for the parking of cycles in connection with the development.

 

Parking provision

 

26.     The proposed access and parking, turning areas shall be provided in accordance with the approved plans before first occupation of the development hereby permitted. The access, parking and turning facilities shall thereafter be retained for use in connection with the development for those purposes only.

 

Rainwater goods

 

27.     All rainwater gutters and downpipes, etc. shall be cast iron or aluminium manufacture and painted black unless alternative details are otherwise first approved in writing by the Local Planning Authority.

 

Roof lights

 

28.     All rooflights shall be conservation grade rooflights and shall fit flush with the plane of the roof and shall not project forward of the roof slope into which they are inserted.

 

 

Water Efficiency

 

29.     No dwelling shall be occupied until it has been constructed to ensure that it achieves a water efficiency limit of 110 litres person/day and shall continue to accord with such a limit thereafter.

 

EV Charging points

 

30.     No building hereby permitted shall be occupied until it has been provided with a system of ducting to allow for the future installation of electrical vehicle charging infrastructure to serve that parking space.

 

 

Ventilation and Fume Extraction

 

31.     A scheme for the ventilation and extraction of cooking fumes shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the use of any part of the building as a A3 use. The approved system shall be installed and operated in accordance with the approved scheme at all times the building is in use for the purposes hereby permitted.

 

Open hours

 

32.     Prior to the occupation of any unit for use class A3 full details of the opening hours of the use shall be submitted and approved in writing by the local planning authority.   The development shall thereafter be carried out in accordance with the approved details.

 

Exclusion of fencing/ walls to frontage

 

33.     Notwithstanding the provisions of Class A of Part 2, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending that order) no gate, fence, wall or other means of enclosure shall be erected, constructed or placed in front of the front wall of any buildings and the highway at any time, without the grant of further specific planning permission from the Local Planning Authority.