Agenda item


Kings End Antiques, Kings End, Bicester OX26 2AA

Decision:

Approved, conditions to be set out in the minutes.

 

Minutes:

The Committee considered application 19/02311/OUT for 10 apartments within a scheme of 2 to 2.5 storeys at Kings End Antiques Kings End Bicester OX26 2AA for Mr Dean Jones.

 

It was proposed by Councillor Sibley and seconded by Councillor Broad that application 19/02311/OUT be refused due to the impact on listed buildings in close vicinity, overdevelopment of the site and the application not being suitable for that area.

 

On being put to the vote the proposal was lost and the motion subsequently fell.

 

It was proposed by Councillor Clarke and seconded by Councillor Corkin that permission be granted for application 19/02311/OUT with a request made for reserved matters to be submitted to Planning Committee at the appropriate time.

 

In reaching its decision the Committee considered the officer’s report and presentation.

 

Resolved

 

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant permission, subject to the following conditions (and any amendments to those conditions as deemed necessary) and a Section 106 planning obligation (resolution (2) below):

         

CONDITIONS

 

Time Limits

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

         

Reason: This permission is in outline only and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004

 

2.       In the case of the reserved matters, the final application for approval shall be made not later than the expiration of three years beginning with the date of this permission.

 

Reason: This permission is in outline only and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004

 

3.       Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved whichever is the later.

 

Reason: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 5(1) of the Town and Country Planning (General Development Procedure) Order 2015 (as amended).

 

Compliance with Plans

4.       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:  Application form and Site Location Plan (shown on drawing number 1925 001)

 

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.

 

Finished floor levels

5.       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 strictly in accordance with the approved levels.

 

Reason: To secure an acceptable standard of development that safeguards the visual amenities of the area and the living conditions of existing and future occupiers and to ensure compliance with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and government guidance within Section 12 of the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

 

Detailed Drainage Scheme

6.       As part of any reserved matters for layout and prior to the development commencing, detailed designs of the proposed surface water drainage scheme including details of implementation, maintenance and management shall be submitted to and approved in writing by the local planning authority. Those details shall include:

 

a) Information about the design storm period and intensity, critical storm duration (1 in 30 & 1 in 100 (+40% allowance for climate change), discharge rates and volumes (both pre and post development), temporary storage facilities, means of access for maintenance, the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters;

b) Any works required off-site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant);

c) Flood water exceedance routes, both on and off site;

d) A timetable for implementation;

e) Site investigation and test results to confirm infiltrations rates; and

f) A management and maintenance plan, in perpetuity, for the lifetime of the development which shall include the arrangements for adoption by an appropriate public body or statutory undertaker, management and maintenance by a Residents’ Management Company or any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime.

 

No building hereby permitted shall be occupied until the sustainable drainage scheme for this site has been completed in accordance with the approved details. The sustainable drainage scheme shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan.

 

Reasons: To ensure that the proposed development can be adequately drained and to manage the flood risk on or off the site resulting from the proposed development in accordance with Policy ESD6 and ESD7 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance within the National Planning Policy Framework.

 

Noise Report

7.       Prior to any works commencing above slab level a report should be provided and approved in writing by the local planning authority that shows that all habitable rooms within the proposed residential flats above the commercial units will achieve the noise levels specified in BS8233:2014 (Guidance on sound insulation and noise reduction for buildings) for indoor ambient noise levels. Any noise sources from the nearby garage and commercial premises that might impact on the proposed development will need to be identified and assessed with the requirements of British Standards BS4142:2014 – Method for Rating and Assessing Industrial and Commercial Sound. Thereafter, and prior to the first occupation of the dwellings affected by this condition, the development shall be carried out in strict accordance with the approved details and recommendations.

 

Reason: To ensure the creation of a satisfactory environment free from intrusive levels of noise and to comply with Policy ESD15 of the Cherwell Local Plan Part 1 (2015), Saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

 

Air Quality

8.       As part of the reserved matters for layout or scale, an Air Quality Impact Assessment which considers the potential impact of extra traffic from the development on the local air quality, including the nearby Bicester Air Quality Management Area, and has regard to the Cherwell District Councils Air Quality Action Plan shall be submitted and approved in writing by the local planning authority. This should include a damage cost calculation and any proposed mitigation.  Prior to the first occupation of the development the agreed mitigation shall be provided in accordance with the approved details.

 

Reason: To mitigate any significant impacts on air quality and to comply with Policy ESD15 of the Cherwell Local Plan Part 1 (2015), Saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

Energy Statement

9.       Prior to the commencement of development, 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 with the local planning authority) 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 shall be occupied until it has been constructed in accordance with the approved energy performance measures. 

 

Reason: In the interests of environmental sustainability in construction in accordance with the requirements of Policy ESD3 of the Cherwell Local Plan 2011-2031 Part 1 and government guidance in the National Planning Policy Framework.

 

Biodiversity enhancement

10.     Prior to the commencement of the development hereby approved including any demolition, and any works of site clearance, and as part of any reserved matters for layout and landscaping, a method statement and scheme for enhancing biodiversity on site such that an overall net gain for biodiversity is achieved, to include details of enhancement features and habitats both within green spaces and integrated within the built environment, shall be submitted to and approved in writing by the Local Planning Authority.  This shall also include a timetable for provision. Thereafter, the biodiversity enhancement measures shall be carried out and retained in accordance with the approved details.

 

Reason: To ensure the development provides a net gain in biodiversity in accordance with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

Electric charging points infrastructure

11.     No development shall commence above slab level until a scheme for a system of ducting to allow for the future installation of electrical vehicle charging infrastructure to serve each dwelling or a scheme showing the provision of electrical vehicle charging points for each dwelling has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details prior to the first occupation of the dwelling.

 

Reason: To comply with Policies SLE 4, ESD 1, ESD 3 and ESD 5 of the Cherwell Local Plan 2011-2031 Part 1 and to maximise opportunities for sustainable transport modes in accordance with paragraph 110(e) of the National Planning Policy Framework.

 

Cycle Parking

12.     No dwelling of the development hereby permitted shall be occupied until cycle parking has been provided in accordance with a plan showing the number, location and design of cycle parking for the dwellings which shall have first been submitted to and approved in writing by the Local Planning Authority. The cycle parking shall thereafter be permanently retained and maintained for the parking of cycles in connection with the development.

 

Reason: To ensure appropriate levels of cycle parking are available at all times to serve the development, and to comply with Government guidance contained within the National Planning Policy Framework

 

Travel Information Packs

13.     Prior to the first occupation of the development hereby approved a Residential Travel Information Pack for future residents shall be submitted and approved in writing by the Local Planning Authority. The approved Residential Travel Information Park shall then be distributed to all new residents at the point of occupation.

 

Reason: To ensure all residents are aware of the travel choices available to them and to encourage sustainable forms of transport in accordance with Policy SLE4 and ESD1 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance within the National Planning Policy Framework.

 

Water usage

14.     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.

 

Reason - In the interests of sustainability in accordance with the requirements of Policy ESD3 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

(2)      That 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, be agreed to secure the following (and any amendments as deemed necessary):

 

a)       Payment of £30,000 towards provision of cycle route improvements along Queens Avenue

b)       Payment of £2,306.86 per 2 bedroom flat to upgrade play area(s) in the vicinity of the site 

c)       Payment of £14,985.97 for provision of outdoor sports provision

d)       Payment of £6,203.42 for indoor sports provision

e)       Payment of £8,494.65 for community halls

 

(3)      It was further resolved that as the statutory determination period for this application expires on 20 January 2020, if the section 106 agreement/undertaking is not completed and the permission was not able to be issued by this date and no extension of time had been agreed between the parties, that authority be delegated to the Assistant Director for Planning and Development to refuse application 19/02311/OUT.

 

 

 

Supporting documents: