Agenda item

Approved, conditions to be set out in the minutes.

The Committee considered application 20/03353/OUT an outline application for a food store, including access and scale (resubmission of 20/00123/OUT) at Land West of Cotefield Business Park, Oxford Road, Bodicote for Cotefield Holdings Limited.

 

Sebastian Tibenham of Pegasus Consultants addressed the meeting in support of the application.

 

It was proposed by Councillor Chris Heath and seconded by Councillor Lynn Pratt that application 20/03353/OUT be refused contrary to the officer recommendation, due to the impact it would have on local small shops, the possibility of no shop opening on Longford Park and the possible closure of local post office facilities.

 

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

 

It was proposed by Councillor Colin Clarke and seconded by Councillor Phil Chapman that application 20/03353/OUT be approved in line with the officers’ recommendation.

 

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

 

Resolved

 

(1)       That authority be delegated to the Assistant Director Planning and Development to grant permission for application 20/03353/OUT 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)    £153,780 - Highway Works Contribution towards conversion of the existing footway to shared use for pedestrians and cyclists, along the western side of the A4260 between Cotefield Drive and Broad Gap.

b)    £1,426 - Travel Plan Monitoring Fee

c)    S278 Agreement will be required to secure mitigation/improvement works.

 

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

 

CONDITIONS

Time Limit

1.    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 (Development Management Procedure (England)) Order 2015 (as amended).

 

2.    Details of the layout, appearance, and landscaping (hereafter referred to as 'the reserved matters') shall be submitted to and approved in writing by the Local Planning Authority before any development takes place and the development shall be carried out as approved.

 

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 6 of the Town and Country Planning (Development Management Procedure (England)) Order 2015 (as amended).

 

Compliance with Plans

3.    The development shall not be carried out otherwise than in complete accordance with the approved plans 01 Rev C, 700, and 15 received 24/11/2020 and plan 0001 Rev P02 received 28/11/2020 and other details Tree survey Methodology & TCP Interpretation, Tree Survey Data, Archaeology report, Cotefield Farm Transport Assessment, Cotefield Farm Land Contamination Phase 1 Parts 1, 2, 3. Retail Statement with Appendices, Drainage Strategy, Preliminary Ecology Assessment all received 24/11/2020 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..

 

Floor Area

4.    The floor area of the proposed store shall not exceed 1235 sq m net as determined by internal measurement.

 

Reason: In order to avoid overdevelopment, to achieve a satisfactory form 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 Section 12 of the National Planning Policy Framework.

 

Restrictions on sales

5.    No more than 90% of the nett internal area of the retail unit shall be used for the sale of convenience goods.

 

Reason: In order to safeguard the vitality and viability of the Town Centre and to comply with Government guidance contained within the National Planning Policy Framework.

 

Transport

6.    Prior to the first occupation of the development hereby approved, a Travel Plan, prepared in accordance with the Department of Transport’s Best Practice Guidance Note “Using the Planning Process to Secure Travel Plans”, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved Travel Plan shall be implemented and operated in accordance with the approved details.

 

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

 

7.    No development shall take place in respect of the development until a Construction Traffic Management Plan (CTMP) has been submitted to and approved by the Local Planning Authority. The development shall not be carried out other than in accordance with the CTMP.

 The CTMP shall provide for:

                             i).     The routing of construction vehicles and Construction Plan Directional signage (on and off site)

                            ii).     The parking of vehicles of site operatives and visitors

                          iii).     Loading and unloading of plant and materials

                          iv).     Storage of plant and materials used in constructing the development

                           v).     Operating hours and details of deliveries

                          vi).     The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

                         vii).     Wheel washing facilities

                        viii).     Measures to control the emission of dust and dirt during construction

                          ix).     A scheme for recycling/disposing of waste resulting from demolition and construction works

                           x).     Overall strategy for managing environmental impacts which arise during construction

                          xi).     Procedures for maintaining good public relations including complaint management, public consultation and liaison

                         xii).     Control of noise emanating from the site during the construction period

                        xiii).     Details of construction access(s)

                        xiv).     Provision for emergency vehicles

 

Reason: In the interests of highway safety, convenience of highway users and to protect the amenities of residents and safeguard the visual amenities of the locality and to comply with Government guidance contained within the National Planning Policy Framework.

     Drainage

8. Construction shall not begin until a detailed surface water drainage scheme for the site, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall include:

·      A compliance report to demonstrate how the scheme complies with the “Local Standards and Guidance for Surface Water Drainage on Major Development in Oxfordshire”;

·      Full micro-drainage calculations for all events up to and including the 1 in 100 year plus 40% climate change;

·      A Flood Exceedance Conveyance Plan;

·      Comprehensive infiltration testing across the site to BRE DG 365;

·      Detailed design drainage layout drawings of the SuDS proposals including cross-section details;

·      Detailed maintenance management plan in accordance with Section 32 of CIRIA C753 including maintenance schedules for each drainage element.

 

Reason: To ensure satisfactory drainage of the site and appropriate flood prevention and to comply Policy ESD 7 of the Cherwell Local Plan 2011-2031 Part 1 and with Government guidance contained within the National Planning Policy Framework.

 

9. Prior to first occupation, a record of the installed SuDS and site wide drainage scheme shall be submitted to and approved in writing by the Local Planning Authority for deposit with the Lead Local Flood Authority Asset Register.  The details shall include:

a)    As built plans in both .pdf and .shp file format;

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

c)    Photographs to document the completed installation of the drainage structures on site;

d)    The name and contact details of any appointed management company information.

 

Reason: To ensure satisfactory drainage of the site and appropriate flood prevention and to comply Policy ESD 7 of the Cherwell Local Plan 2011-2031 Part 1 and with Government guidance contained within the National Planning Policy Framework.

 

10. No construction shall take place within 5m of the water main. Information detailing how the developer intends to divert the asset / align the development, so as to prevent the potential for damage to subsurface potable water infrastructure, must be submitted to and approved in writing by the local planning authority in consultation with Thames Water. Any construction must be undertaken in accordance with the terms of the approved information. Unrestricted access must be available at all times for the maintenance and repair of the asset during and after the construction works.

 

Reason: The proposed works will be in close proximity to underground strategic water main, utility infrastructure. The works has the potential to impact on local underground water utility infrastructure.

 

  11. No development shall be occupied until confirmation has been provided that either:- 1. Capacity exists off site to serve the development, or 2. A development and infrastructure phasing plan has been agreed with the Local Authority in consultation with Thames Water. Where a development and infrastructure phasing plan is agreed, no occupation shall take place other than in accordance with the agreed development and infrastructure phasing plan, or 3. All wastewater network upgrades required to accommodate the additional flows from the development have been completed.

 

Reason: Network reinforcement works may be required to accommodate      the proposed development. Any reinforcement works identified will be necessary in order to avoid sewage flooding and/or potential pollution incidents.