Agenda item


Axis J9 Phase 1 OS Parcel 4200 Adjoining Middleton Road and Howes Lane, Bicester

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 20/03199/F for a variation of condition 13 (extent of employment development usage) of application 19/00347/OUT - to enable the full employment development to be occupied for use Class B8 at Axis J9 Phase 1 OS Parcel 4200 adjoining Middleton Road and Howes Lane, Bicester for Albion Land Two Limited.

 

Emma Lancaster, agent for the applicant addressed the meeting in support of the application.

 

It was proposed by Councillor Lynn Pratt and seconded by Councillor Ian Corkin that application 20/03199/F be approved subject an amendment as detailed in paragraph 9.26 of the officer’s report, to refer to the site being used for no more than 85% B8 uses. This would enable the whole site as it was planned to be used for B8 uses, but if further floorspace were proposed in the future, this would be restricted to B2/E(g)(iii) uses (as the up to 80% restriction on B2/B1c (now E(g) (iii) would remain in place). Officers recommend that Class E(g) (iii) is referred to as the grant of this permission would be a new permission for the site, but it would be necessary to restrict change of use to other uses within Class E given the nature of this commercial site.

 

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

 

Resolved

 

(1)      That authority be delegated to the Assistant Director for Planning and

Development to grant permission for application 20/03199/F subject to:

 

a)       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 link the application to the Section 106 agreement that currently binds the site (other than in so far as to update the agreement to refer to this permission or and as otherwise advised by the Council’s Legal department)

 

b)       The following conditions (and any amendments to those conditions deemed necessary):

 

CONDITIONS

 

1.               Details of the access (in so far as not approved in this decision), appearance, landscaping, layout, and scale (hereinafter called "the reserved matters") of any phase of development shall be submitted to and approved in writing by the Local Planning Authority before any development of that phase takes place and the development shall be carried out as approved.

 

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, and Article 5(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).

 

2.               No development shall take place until a phasing plan for the whole development has been submitted to and approved in writing by the Local Planning Authority indicating the landscaping, open space, play facilities, affordable housing, cycle ways, footpaths and public transport facilities to be provided in each phase. Development shall be carried out in accordance with the phasing plan.

    

Reason: To ensure the proper phased implementation of the development and associated infrastructure in accordance with Government guidance contained within the National Planning Policy Framework.

    

3.               Application for approval of the reserved matters for the first phase of employment development shall be made to the Local Planning Authority not later than 3 years from the 19 December 2017.

      

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, and Article 5(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).

    

4.               Application for approval of the reserved matters for the remaining phases of development shall be made to the Local Planning Authority not later than 5 years from the 19 December 2017.

    

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, and Article 5(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).

 

5.               The development hereby permitted shall take place not later than 2 years from the date of approval of the last of the reserved matters to be approved.

         

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, and Article 5(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).

 

6.               The access to the development hereby permitted shall be carried out in accordance with Parameter Plan 06, drawing number 17023/TP/106 Rev A and the following approved plans: 14042-30 revision B and 14042-56. No employment development on plot 4 shall be occupied until the access shown on drawing 14042-30 revision B has been completed to a standard capable of being adopted by the local highway authority.

 

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

         

7.               No development shall take place other than in accordance with the Land Uses shown on Parameter Plan 02, drawing number 17023/TP/102 Rev A.

         

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

         

8.               The height of the development hereby permitted shall not exceed the limits shown on Parameter Plan 03, drawing number 17023/TP/103.

         

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

         

9.               No development on any phase shall be occupied until the planting proposals shown on Parameter Plan 04_A, drawing number 4216_SK_204_A revision D and encompassed within that phase have been carried out.

         

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

         

10.           No site clearance, preparatory work or development shall take place on any phase until a scheme for the protection of the trees and hedgerows in that phase shown to be retained on Parameter Plan 05 (drawing number 17023/TP/105 (vegetation retention and removal plan) has been submitted to and approved in writing by the local planning authority. The scheme for the protection of the retained trees and hedgerows shall be carried out as approved. No tree or hedgerow shown to be retained shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner, other than in accordance with Parameter Plan 05, without the prior written approval of the local planning authority. If any tree or hedgerow shown to be retained is cut down, uprooted or destroyed or dies another tree or hedgerow shall be planted at the same place within the following planting season and that tree shall be of such size and species as may be specified in writing by the local planning authority. Notwithstanding the detail shown on Parameter Plan 05, the element of hedgerow shown to be removed to the east of Plot 2 shall be retained and protected, which shall be demonstrated through the scheme for the protection of trees and hedgerows. 

 

Reason: In the interests of the visual amenities of the area, to protect landscape features of importance, to ensure that the significant environmental effects arising from the development are mitigated, as set out in the Environmental Statement and to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031, saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

    

11.           No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive.

 

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.

 

12.           No more than 150 dwellings shall be constructed on the site.

    

Reason: In order to retain planning control over the use of the site, to ensure that the significant environmental effects arising from the development are mitigated, as set out in the Environmental Statement and in accordance with Government guidance contained within the National Planning Policy Framework.

    

13.           No more than 53,000 sq m of employment floor space shall be constructed on the site, of which no more than 80% (42,400sqm) shall be utilised for purposes falling within Class E(g)(iii) or B2 (including ancillary uses) and no more than 85% (45,050sqm) within Class B8 (including ancillary uses) of the Town and Country Planning (Use Classes) Order 1987 (or their equivalent in subsequent enactments or re-enactments) and for no other purposes whatsoever, including no other categories of Class E.

 

Reason: In order to retain planning control over the use of the site, to ensure that the significant environmental effects arising from the development are mitigated, as set out in the Environmental Statement and in accordance with Government guidance contained within the National Planning Policy Framework.

 

14.           No dwellings and no more than 18,020sqm of Class E(g)(iii)/B2 floor space may be occupied until the development work to realign Howes Lane and Lords Lane approved under application 14/01968/F (or any other such planning permission which may be granted for the Strategic Link Road) has been completed and the road is open to vehicular traffic.

    

Reason: Oxfordshire County Council as Highway Authority have advised that there is a need for a restriction on the quantum of development that can occur at North West Bicester prior to the opening of the Howes Lane/Lords Lane realignment. The maximum traffic that can be accommodated is a total of 900 homes (including 393 at Elmsbrook) and 40% of the proposed overall 10 hectares of employment land. The development identified to take place prior to the Howes Lane/ Lords Lane realignment would fall within this identified capacity in vehicular movement terms. Beyond this and without the realignment, the highways impact of development over the identified capacity would be severe. A restriction on development is therefore necessary until such time that the tunnel is in place and open to vehicular traffic to mitigate the impact of traffic from the development in accordance with Government Guidance within the Eco Towns PPS and the National Planning Policy Framework.

 

15.           No dwelling or employment building shall be occupied until it has been provided with devices showing real time energy and travel information in accordance with details which shall have been submitted to and approved in writing by the local planning authority prior to the commencement of their construction. The devices shall thereafter be retained in operational condition.

    

Reason: To support the delivery of modal shift towards sustainable modes and create high quality, inclusive, sustainable development in accordance with Government guidance contained within the     Eco Towns PPS and National Planning Policy Framework.

    

16.           No dwelling or employment building shall be occupied until it has been provided with service connections capable of supporting the provision of high speed broadband from the building to the nearest broadband service connection outside the site.

 

Reason: To facilitate information provision to homes for energy monitoring, travel and home working change in accordance with Government guidance contained within the Eco Towns PPS and National Planning Policy Framework.

 

17.           Prior to the commencement of each residential phase, those areas of the phase that are likely to be subject to elevated levels of noise, e.g. from the Strategic Link Road, shall be identified and the dwellings that are constructed in those areas shall be designed and constructed in such a manner that they contain elements of sound insulation that will ensure that the internal noise levels contained within table 4 of BS 8233:2014 are achieved in accordance with details to be first submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the details so approved.

         

Reason: To ensure the creation of a satisfactory environment free from intrusive levels of noise and to comply with Policy ENV1 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

         

18.           No phase of development shall commence until details of the embedded carbon of its proposed construction materials have been submitted to and approved in writing by the local planning authority. The development shall be carried out in compliance with the approved details.

         

Reason: To ensure the development achieves a reduced carbon footprint in accordance with Planning Policy Statement 1: Eco Towns.

         

19.           No phase of development shall commence until details of the route of service connections (both under and over ground) for that phase, whether or not permitted by the Town and Country Planning (General Permitted Development) (England) Order 2015 or its successor, have been submitted to and approved in writing by the local planning authority. 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 C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework

 

 

20.           There shall be no vehicular access created into the site from the existing A4095 Howes Lane and no existing field accesses from Howes Lane shall be used by any vehicular traffic whatsoever. Prior to the first occupation of the site, the existing field accesses on Howes Lane shall be permanently stopped up by means of planting and reinstatement of highway verge.

         

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

         

21.           No residential phase shall commence until details of directional signage between the dwellings proposed and both Shakespeare Drive retail and community facilities and Kings Meadow Primary School have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. No dwelling on the phase concerned shall be occupied until the signage has been installed.

         

Reason: To ensure sustainable travel in accordance with Government guidance contained within the Eco Towns PPS and National Planning Policy Framework.

         

22.           Prior to the first occupation of any phase of the development, details of a Travel Plan setting out how at least 50% of trips originating within that phase will be made by non-car means, with the potential for this to increase over time to 60%, shall have been submitted to and approved by the local planning authority. The development shall be carried out and continued thereafter in accordance with the approved details.

         

Reason: To ensure sustainable travel in accordance with Government guidance contained within the Eco Towns PPS and National Planning Policy Framework.

23.           Prior to the commencement of any phase of development, details of bus stop locations for that phase shall have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the details as approved.

         

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

         

24.           No development shall take place on any phase, including any works of demolition, until a Construction Method Statement for that phase has been submitted to, and approved in writing by the local planning authority. The Statement shall provide for:

         

i) the parking of vehicles of site operatives and visitors;

         

ii) the routeing of HGVs to and from the site;

         

iii) loading and unloading of plant and materials;

         

iv) storage of plant and materials used in constructing the development;

 

v) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

         

vi) wheel washing facilities;

         

vii) measures to control the emission of dust and dirt during construction;

 

viii) a scheme for recycling/disposing of waste resulting from demolition and construction works;

         

ix) delivery, demolition and construction working hours;

 

x) The mitigation measures recommended in the Construction section of table 6.6, paragraphs 7.5.2 and 7.5.3, table 9.10 and paragraphs 10.5.3 and 10.6.13 of the submitted Environmental Statement June 2017;

 

The approved Construction Method Statement shall be adhered to throughout the construction period for the development.

         

Reason: To ensure the environment is protected during construction in accordance with Policy ENV1 of the Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

         

25.           If, during development of any phase, land contamination is found to be present at the site then no further development of that phase shall be carried out until details of a remediation strategy for that phase has been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved remediation details.

         

Reason: To ensure that any unexpected contamination encountered is dealt with, such that it does not pose an unacceptable risk to controlled water quality as required by PPS1 Policy ET17, Policy ENV12 of the adopted Cherwell Local Plan and the National Planning Policy Framework.

 

26.           The level of noise emitted from the employment development shall not exceed 58 dB LAeq, between 0700 and 2300 daily and 50 dB LAeq, at any other time on Mondays to Fridays (except public holidays) and 48 dB LAeq at any other time on Saturdays, Sundays and public holidays, as measured at a position of 1m in front of the façade of the nearest dwelling.

         

Reason: To ensure the creation of a satisfactory environment free from intrusive levels of noise and to comply with Policy ENV1 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

         

27.           Details of any external lighting on any phase of development shall be submitted to and approved in writing by the local planning authority before any development on that phase commences. Development shall be carried out in accordance with the approved details. The lighting shall be installed and made operational before any building on the relevant phase is first occupied.

         

Reason: To enable the Local Planning Authority to retain planning control over the development of this site in order to safeguard the amenities of the occupants of the adjoining dwellings and to protect ecology in accordance with Policies C28 and C30 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

         

28.           No phase of development shall commence until details of both surface water and foul drainage to serve that phase have been submitted to and approved in writing by the local planning authority. No building shall be occupied until it has been provided with its drainage in accordance with the approved details. The drainage shall thereafter be retained in an operational state.

         

Reason: To mitigate the risk of surface water flooding, protect water quality and biodiversity on the site and to ensure that sufficient capacity is available for sewage in accordance with Government guidance contained within the Eco Town PPS and the National Planning Policy Framework.

 

29.           No phase of employment development shall commence until details of the measures to be installed in that phase to minimise water consumption have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. The measures shall thereafter be retained in an operational condition.

         

Reason: The site is located in an area of water stress and to comply with Government guidance contained within the Eco Town PPS.

         

30.     The residential development shall be constructed so as to meet as a minimum the higher Building Regulation Standard for water consumption limited to 110 litres per day (lppd).

         

Reason: The site is located in an area of water stress and therefore reaching a higher level of water efficiency is required to comply with Policy ESD3 of the Cherwell Local Plan 2011-2031.        

 

31.     No development shall take place on the relevant phase until details of a Scheme of Investigation of the archaeological features identified in figures 6 and 8 of the submitted archaeological evaluation (report 13/43 of Northamptonshire Archaeology dated March 2013) have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved investigation details.

 

Reason: To safeguard the recording and inspection of matters of archaeological importance on the site in accordance with Government guidance contained within the National Planning Policy Framework.

         

32.     No development shall take place on any phase of development until details of measures (including off-phase and off-site measures if necessary) to achieve zero carbon energy use (as defined in paragraph ET7.1 of the eco-towns supplement to Planning Policy Statement 1) for that phase have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and the measures approved shall thereafter be retained in an operational condition.

         

Reason: For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and to comply with Government Policy contained in Planning Policy Statement 1: Eco Towns and Policy Bicester 1 of the Cherwell Local Plan 2011-2031.

         

33.     No residential development shall take place until a scheme for the provision as affordable housing of 30% of the number of dwellings proposed in the submission of reserved matters has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex 2: Glossary of National Planning Policy Framework or any future guidance that replaces it. The scheme shall include:

         

i) the numbers, type, tenure and location on the site of the affordable housing provision to be made;

         

ii) the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing;

 

iii) the arrangements for the transfer of the affordable housing to an affordable housing provider or the management of the affordable housing if no Registered Social Landlord is involved;

         

iv) the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

         

v) the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

         

The affordable housing shall be retained in accordance with the approved scheme.

         

Reason: To ensure that the development satisfactorily contributes towards the creation of mixed and balanced community as required by Policy BSC3 of the Cherwell Local Plan 2011-2031 and Government Guidance set out in the National Planning Policy Framework.

 

 

Supporting documents: