Agenda item

Approved, conditions to be set out in the minutes.

The Committee considered application 19/01351/CDC for the change of use from agricultural (arable) to informal recreation with public access at Land North of Park and Ride Adj to Vendee Drive, Bicester for Cherwell District Council.

In reaching its decision the committee considered the officer’s report and presentation and written update.

Resolved

(1)      That authority be delegated to the Assistant Director for Planning and Development to Grant Permission for application 19/01351/CDC subject to the conditions set out below (and any amendments to those conditions as deemed necessary):

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.

Reason - To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

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:  Planning Statement; Ecological Appraisal Report; Geophysical Survey Report; Indicative Phase 1 Site layout Plan, drawing number ES/LS/001 and red line site location plan.

Reason – For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework.

Temporary Obstructions

3.       No materials, plant, temporary structures or excavations of any kind should be deposited/undertaken on or adjacent to the Public Right of Way that may obstruct or dissuade the public from using the public right of way whilst development takes place.

Reason – To ensure the public right of way remains available and convenient for public use, to comply with Policy ESD15, ESD17 and Bicester 3 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in the NPPF.

Route Alterations

4.       No changes to the public right of way direction, width, surface, signing or structures shall be made without prior permission approved by the Countryside Access Team at Oxfordshire County Council or necessary legal process.

Reason – To ensure the public right of way remains available and convenient for use, to comply with Policy ESD15, ESD17 and Bicester 3 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in the NPPF.

Vehicle Access (Occupation)

5.       No vehicle access (including for construction and demolition purposes) may be taken along or across a public right of way to residential or commercial sites without prior permission and appropriate safety and surfacing measures approved by the Countryside Access Team at Oxfordshire County Council. Any damage to the surface of the public right of way caused by such use will be the responsibility of the applicants, their contractors to put right/make good to a standard required by the Countryside Access Team.

Reason – To ensure the public right of way remains available and convenient for public use, to comply with Policy ESD15, ESD17 and Bicester 3 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in the NPPF.

Gates/Right of way

6.       Any gates provided shall be set back from the public right of way or shall not open outwards from the site across the public right of way.

Reason – To ensure that gates are opened or closed in the interests of public right of way user safety, to comply with Policy ESD15, ESD17 and Bicester 3 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in the NPPF.

Details of Gates

7.       Details of the proposed new maintenance gates and pedestrian kissing gates, together with a timeframe for their provision shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of their installation. Thereafter the development shall be completed in accordance with the approved details prior to the first use of the site for recreation purposes.

Reason – In the interests of the visual amenities of the locality and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.

Protection of Archaeology

8.       There shall be no regrading of the land or removal of topsoil without the written express consent of the Local Planning Authority.

Reason – In order to protect the archaeological interests of the site in accordance with Policy ESD15 of the Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.

Dog/litter Bins and Interpretation Boards

9.       Prior to their installation, details of the dog and litter bins and interpretation boards, together with their locations shall be submitted to and agreed in writing by the Local Planning Authority. These shall be installed in accordance with the approved details prior to the site being first brought into use and retained as such thereafter.

Reason – To ensure the satisfactory appearance of the development and the proper arrangements for the disposal of litter and waste, to comply with Policy ESD15 of the Cherwell Local Plan and Government guidance within the National Planning Policy Framework.

Footbridges/Culverts

10.     Prior to the site being first brought into use, full details of the proposed pedestrian bridges over the ditches 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.

Reason – To ensure the satisfactory appearance of the completed development and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.

Nesting Birds

11.     No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless the Local Planning Authority has confirmed in writing that such works can proceed, based on health and safety reasons in the case of a dangerous tree, or the submission of a recent survey (no older than one month) that has been undertaken by a competent ecologist to assess the nesting bird activity on the site, together with details of measures to protect the nesting bird interest on the site.

Reason – To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy ESd10 of the Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.

Carry Out in accordance with Survey

12.     The development hereby approved shall be carried out in accordance with the recommendations set out in section 7 of the Preliminary Ecological appraisal report carried out by Middlemarch Environmental dated September 2019 Reference RT-MME-150493-01 submitted with this application.

Reason – To ensure that the development does not cause harm to any protected species or their habitats in accordance with policy ESD10 of the Cherwell local Plan 2011-2031 and Government guidance contained within the National Planning Policy Framework.