Agenda item

Approved, subject to various conditions to be set out in the minutes

The Committee considered application 20/00247/F for the erection of three B1 (c) light industrial units at Land South East of Town and Country Scaffolding Limited, Tramway Road, Banbury for Mr R Levenston.

 

Mark Schmull of Arrow Planning Limited addressed the Committee in support of the application.

 

In reaching its decision the Committee considered the officer’s report and presentation, the address of the public speaker and the written updates.

 

Resolved

 

(1)      That authority be delegated to the Assistant Director Planning and Development to grant permission for application 20/00247/F subject to:

 

          1)       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 a financial contribution towards the provision of new bus stop infrastructure on Tramway Road.

 

b) The safeguarding of a footpath/cycle way route on the northern boundary of the site (adjacent to the River Cherwell) and option to transfer this land to the Council at no cost to the Council.

 

2)       The following conditions (and any amendments to those conditions 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: Application forms, Preliminary Arboricultural Assessment, Flood Risk Assessment and Drainage Strategy (issue 02), Preliminary Ecological Appraisal (May 2020), Reptile Survey (Report No: RT-MME-150960-02), Reptile Mitigation Strategy  (Report No: RT-MME-150960-01 Rev A), Bat Survey (Report No: RT-NME-152681-01), Otter and Water Vole Survey and Mammal Hole Monitoring (Report RT-NME-152681-02) and drawing numbers 0700 003, 0705 008, 0706 001, 0710 003, 0771001, 0720 002, 19-088/310 P2, 19-088/311 P1.

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.

 

Detailed Drainage Strategy

3.     Development shall not begin until a detailed surface water drainage scheme for the site, in accordance with the approved Drainage Strategy drawing 19-088 / 310 P2, has been submitted to and approved in writing by the planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is occupied and shall be managed and maintained in perpetuity with the agreed details. The scheme shall also include:

• A Flood Exceedance Conveyance Plan;

• Detailed maintenance management plan in accordance with Section 32 of

CIRIA C753 including maintenance schedules for each drainage element;

• Explanation of “Flood” on PN 2.000 SP2

Reason: To ensure the site is appropriately drained and does not contribute to flood risk in the locality in accordance with the National Planning Policy Framework.

 

4.     Prior to occupation of the development hereby permitted, a record of the approved SuDS details shall be submitted to and approved in writing by the Local Planning Authority for deposit in the Lead Local Flood Authority Asset Register. The details shall include:

-                      As built plans in;

-          Photographs to document each key stage of the drainage system when installed on site;

-          Photographs to document the completed installation of the drainage structures on site.

Reason: In accordance with section 21 of the Flood and Water Management Act 2010.

 

Arboricultural Method Statement and Protection Plan

5.     No development shall commence until an Arboricultural Method Statement and Protection Plan has been submitted and approved in writing by the Local Planning Authority.  The development shall not be carried out other than in strict accordance with the approved details.

Reason: To protect the existing trees and vegetation on site in the interests of visual amenity and ecology and the significance of the Oxford Canal Conservation Area.  To accord with Policies ESD10, ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and advice in the National Planning Policy Framework.

 

Construction Environmental Management Plan

6.     No development shall commence until a Construction Environment Management Plan (CEMP), which 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 together with details of the consultation and communication to be carried out with local residents has been be submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with approved CEMP.

Reason:  To safeguard the amenity of the neighbouring occupiers including residential moorings on the Oxford Canal and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, Saved Policy ENV1 of the Cherwell Local Plan 1996 and advice in the National Planning Policy Framework.

 

Landscaping and Boundary Treatment

7.     Prior to the commencement of the development hereby approved, a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme for landscaping the site shall include:-

(a)   details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas,

(b)   details of the existing trees and hedgerows to be retained as well as those to be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation,

(c)   details of the hard surface areas, including pavements, pedestrian areas, reduced-dig areas, crossing points and steps.

(d)  details of the proposed boundary treatment

The development shall not be carried out other than in accordance with the approved details and the hard landscape elements shall be carried out prior to the first occupation of the development and shall be retained as such thereafter.

Reason: To protect the visual amenity and ecology of the area including the setting of the Oxford Canal Conservation Area.  To accord with Policies ESD10, ESD13 and ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance in the National Planning Policy Framework.

 

8.     All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in accordance with BS 4428:1989 Code of Practice for general landscape operations (excluding hard surfaces), or the most up to date and current British Standard, in the first planting and seeding seasons following the occupation of the building(s) or on the completion of the development, whichever is the sooner. Any trees, herbaceous planting and shrubs which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the current/next planting season with others of similar size and species.

Reason - In the interests of the visual amenities of the area, to ensure the creation of a pleasant environment for the development and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

Electrical vehicle charging points

9.     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 the car park or a scheme showing the provision of electrical vehicle charging points to serve the development 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 any building.

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.

 

Renewable Energy

10.No development shall commence above slab level until a feasibility assessment for the potential of on-site renewable energy provision has been submitted and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details prior to the first occupation of the buildings hereby permitted and unless otherwise agreed in writing by the Local Planning Authority shall be retained as such thereafter.

Reason: To encourage the use of sustainable construction and renewable energy in accordance with Policy ESD1 and ESD5 of the Cherwell Local Plan and advice in the National Planning Policy Framework.

 

External Materials

11.No development shall commence above slab level until a schedule of materials and finishes for the external walls and roof(s) of the development hereby approved has been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved schedule and shall be retained as such thereafter.

Reason - To ensure the satisfactory appearance of the completed development and to safeguard the character and appearance of the area and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

Plant and machinery

12.Prior to the installation of any mechanical plant, such as extraction equipment, into any of the buildings hereby permitted, full details of its appearance, noise output and/or odour suppression shall be submitted and approved in writing by the Local Planning Authority. This may require the submission of a noise report to BS4142:2014 (or future amendments).  The development shall be carried out in strict accordance with the approved details and shall be retained as such thereafter.

Reason:  To safeguard the amenity of the neighbouring occupiers including residential moorings on the Oxford Canal and to comply with Policy ESD15 of the Cherwell Local Plan, Saved Policy ENV1 of the Cherwell Local Plan 1996 and advice in the National Planning Policy Framework.

 

External lighting

13.No external lights/floodlights shall be erected on the land or building unless a scheme of lighting including lux plans has been first submitted and approved in writing by the Local Planning Authority.  The development shall be carried out in strict accordance with the approved details and shall be retained as such thereafter.

Reason - In order to safeguard the amenities of the area and ecology and to comply with Policies ESD10 and ESD15 of the Cherwell Local Plan 2015, Saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework

 

Contamination

14.If during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with. 

Reason - This site has been previously land filled.  Although the site investigation concluded that the site does not pose a threat to controlled water, there is the possibility that undetected contamination may exist on site.

 

15.Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.  The development shall be carried out in accordance with the approved details.

Reason - Given the land filling operation it is not possible to exclude the possibility of unexpected contamination existing on site.  Details of piling operations would be required to confirm that there is no danger that contamination may be mobilized.

 

Flood Risk Compliance

16.The development shall not be carried out other than in accordance with the submitted Flood Risk Assessment, prepared by Bradbrook Consulting, reference 19-088, dated 10 January 2020 and the Drainage Layout and Levels Drawing, prepared by Bradbrook Consulting, reference 19-088 / 310, revision P1, dated 8 January 2020, and the following mitigation measures it details:

-Finished floor levels should be set no lower than 91.20m AOD.

-There shall be no raising of existing ground levels.

These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

Reason: To ensure the site is appropriately in respect of Flood Risk and does not contribute to flood risk in the locality in accordance with Policy ESD6 and ESD7 of the Cherwell Local Plan 2011-2031 part 1 and Government guidance in the National Planning Policy Framework.

 

Parking and Manoeuvring

17.The development shall not be used or occupied until the parking and manoeuvring areas have been provided in accordance with the plan hereby approved and have been constructed, laid out, surfaced, drained and completed in accordance with specification details which shall have been submitted to and approved in writing by the Local Planning Authority prior to the commencement of development, and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter.

Reason - In the interests of highway safety and to comply with government guidance contained within the National Planning Policy Framework. Specification details are required prior to commencement of development to ensure the details are appropriate before groundwork is commenced.

 

Vision Splays

18.The vision splays shall not be obstructed by any object, structure, planting or other material.

Reason - In the interests of highway safety and to comply with government guidance contained within the National Planning Policy Framework.

 

Cycle parking

19.Prior to the first use or occupation of the development hereby permitted the cycle parking as shown on the approved plans shall be provided in accordance with the approved plans, except that they shall be covered.  The said cycle parking facilities shall be permanently retained and maintained thereafter for the parking of cycles in connection with the development.

Reason - In the interests of sustainability, to ensure a satisfactory form of development and to comply with Government guidance contained within the National Planning Policy Framework.

 

PD withdrawal

20.Notwithstanding the provisions of Class H of Part 7, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 and its subsequent amendments, the approved building shall not be extended or altered without the grant of further specific planning permission from the Local Planning Authority.

Reason - To enable the Local Planning Authority to retain planning control over the development of the site in order to safeguard the amenities of the area in accordance with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

BREEAM very good

21. The development hereby approved shall be constructed to achieve at least a BREEAM 'Very Good' rating based on the relevant BREEAM standard for that building type applicable at the time of the decision.  Verification of this standard shall be submitted and approved in writing within 3 months of the first occupation of any part of the building hereby permitted

Reason - To ensure sustainable construction and reduce carbon emissions in accordance with ESD3 of the Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 

22.The development hereby approved shall be carried out in strict accordance with:

 

•             Reptile Mitigation Strategy RT-MME-150960 Rev A May 2020 (which includes monitoring and protection during construction)

•             Recommendations R1, R2, R3, R4 of Bat Surveys RT-MME-  152681-01 July 2020

•             Recommendations R1, R2, R3, R4, R5 of Otter and Water Vole Survey RT-MME-152681-02 (interim) July 2020

•             Recommendations R1, R6, R10, R11 of updated Preliminary Ecological Assessment RT-MME-151182 Rev B May 2020

 

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 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

23. A method statement for enhancing biodiversity on site, to include features integrated into the fabric of the buildings, planting and bird and bat boxes, 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.

               

Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within Section 15 of the National Planning Policy Framework.