Agenda item

Approved, conditions to be set out in the minutes.

The Committee considered application 20/02936/F for phase 2 of the Blackthorn & Piddington rail embankment stabilisation scheme (installation of sheet piles to provide stabilisation to the railway embankments) at land at Railway Line at Blackthorn and Piddington, Marsh Gibbon Road, Piddington for Network Rail Infrastructure Limited.

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

Resolved

(1)      That authority be delegated to the Assistant Director Planning and Development to grant permission for application 20/02936/F subject to the following conditions (and any amendment to those conditions deemed necessary):

          SCHEDULE OF CONDITIONS

1. The development hereby permitted shall be begun before the expiration of three years from 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.

2. The development shall not be carried out otherwise than in complete accordance with the approved plans: Construction Traffic Management Plan (CTMP), dated February 2021 Reference 21387/01; Environmental Statement and Appendix; Noise Impact Assessment Addendum, dated February 2021; Habitat Creation and Restoration Scheme; Biodiversity calculations; Biodiversity Monitoring and Maintenance Strategy; Landscape Visual Impact Appraisal; Flood Risk Assessment, dated May 2020; and the following drawings: R167 05 5000, 5002, 5003 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017, 5018, 5019, 5020, 5021, 5022, 5023, 5024 and 7549; 198 1 Rev B, 198 2, 198 Rev C & 198 3 Rev B;

SJG/109/100454/02/1006; SJG/109/100454/02/1006/01 Rev B;

SJG/109/100454/02/1006/02 Rev B; SJG/109/100454/02/1006/03 Rev B and

SJG/109/100454/02/1006/04 Rev B; unless a non-material or minor material

amendment is approved by the Local Planning Authority under the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).

Reason: To clarify the permission and for the avoidance of doubt.

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 obstructs the public right of way whilst development takes place.

Reason: To ensure the public right of way remains available and convenient for use.

4. The development should be designed and implemented to fit with the existing public rights of way network. No changes to the public rights of way's legally recorded direction or width must be made without first securing appropriate temporary or permanent diversion through separate legal process. Alterations to surface, signing or structures shall not be made without prior permission by Oxfordshire County Council.

Reason: To ensure the legal public right of way remains available and convenient for public use.

5. Any gates provided in association with the development 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 the public right of way remains available and convenient for use.

6. The water quality management protection measures detailed in Appendix E to the approved Construction Environmental Management Plan (CEMP) prepared by Murphy, dated 16 July 2020 shall be adhered to throughout the construction.

Reason: To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution in accordance with Government guidance within the National Planning Policy Framework.

7. Prior to the commencement of the development hereby approved, a full assessment of the impact of noise and vibration resulting from the development on 1 and 2 Cowleys Cottages shall be carried out and the report submitted to the Local Planning Authority for approval in writing. The development shall thereafter be carried out in accordance with the recommendations and any mitigation measures set out in the report.

Reason: In the interests of the residential amenities of 1 and 2 Cowleys Cottages and to comply with Government guidance within the National Planning Policy Framework.

8. The development hereby approved shall be carried out in accordance with the Construction Traffic Management Plan (CTMP) Reference 21387/01, dated February 2021 and produced by Turner Jomas and Associates.

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

9. The development shall be implemented in accordance with the Ecological

Management Plan and the on and off-site ecological mitigation measures set out in the Environmental Statement.

Reason: In the interests of protecting wildlife and supporting habitat and creating ecological enhancements in accordance with Policy ESD10 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.

10. Prior to the commencement of the development hereby approved, a report on the hydrological impact of the drainage works on Meadow Farm Local Wildlife Site shall be submitted to and approved in writing by the Local Planning Authority. The report is to detail appropriate mitigation measures should they be considered necessary, including any amendments to the approved scheme. Thereafter the development shall be carried out in accordance with the approved details.

Reason: In the interests of protecting wildlife and supporting habitat and creating ecological enhancements in accordance with policy ESD10 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the NPPF.

11. The development shall be carried out in accordance with the submitted Flood Risk Assessment (Ref: P2451J1890 Version 3.0, dated 10/12/2020) and the following mitigation measures it details: Compensatory storage and flood risk mitigation should be provided in accordance with Section 7. These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the schemes timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

Reason: To prevent flooding elsewhere by ensuring that compensatory storage of flood water is provided, in accordance with Policy ESD6 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.