Decision:
Approved, conditions to be set out in the minutes.
Minutes:
The Committee considered application 20/00059/F for the removal of an existing spoil and erection of two units for non-food retail at Tesco Bicester CR, Lakeview Drive, Bicester for Tesco Stores Limited.
Thomas Marley addressed the Committee on behalf of the applicant in support of the application.
In response to comments from members of the Planning Committee who were also Bicester Town Councillors, that they could not recollect consultation of application 20/00059/F with Bicester Town Council, the Interim Senior Manager, Development Management agreed to provide information regarding the consultation to those members.
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 20/00059/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 seemed necessary);
a. Payment of a financial contribution towards off-site highway works of £71,738.52
b. Payment of a financial contribution towards bus services of £43,170
c. Payment of a financial contribution towards travel plan monitoring of £2,040
2. The following conditions (and any amendments to those conditions as 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: Design and Access Statement ref:163045 dated April 2019; Transport Assessment and Appendicies and further Transport Note Document ref: WCR10002-105-TN-9-1-3 dated 3rd August 2020; FRA dated July 2020; Drainage Strategy Report dated 10th March 2021 Version 6; Ecological Survey Report Ref: 1002878 BN 02 UEA Ap dv1; Tree survey by Aspect Arboricultural; Ground Investigation Report; Site Location Plan AP01; Existing Site Layout AP02; Site Layout Plan AP03C; ground Floor Plan AP04B; Proposed Mezzanine AP05B; Existing Elevations AP06; Proposed Elevations AP07A; Sections AA AP08; Sections BB AP09; Drainage Plan SLP1; Tree Constraints Plan 9994 TCP01 and Proposed Tree Protection Plan 9994 TPP 01.
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.
3. Prior to the commencement of development, a Construction Traffic Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The CTMP shall include the following:
· The CTMP must be appropriately titled, include the site and planning permission number
· Routing of construction traffic and delivery vehicles is required to be shown, including means of access to the site
· Details and approval of any road closures needed during construction
· Details of and approval of any traffic management needed during construction
· Details of wheel cleaning/wash facilities to prevent mud etc from migrating onto the highway
· Details of appropriate signing to accord with the necessary standards/requirements for pedestrians during construction works, including any footpath diversions
· The erection and maintenance of security hoarding/scaffolding if required
· A regime to inspect and maintain all lighting and barriers
· Contact details of the Project Manager and Site Supervisor responsible for on site works to be provided
· The use of appropriately trained, qualified and certified banksmen for guiding vehicles/unloading etc
· No unnecessary parking of site related vehicles (worker transport etc) in the vicinity – details of where these will be parked and occupiers transported to/from site to be submitted for consideration and approval, Areas to be shown on a plan of not less than 1:500
· Layout plan of the site that shows structures, roads, site storage, compound, pedestrian routes etc
· A before-work commencement highway condition survey and agreement with a representative of the Highways Depot – contact 0845 310 1111. Final correspondence is required to be submitted
· Local residents to be kept informed of significant deliveries and liaised with through the project. Contact details for person to whom issues should be raised with in the first instance to be provided and a record kept of these and subsequent resolution
· Any temporary access arrangements to be agreed with and approved by Highways Depot
· Details of times for construction traffic and delivery vehicles, which must be outside network peak hours
· Hours of work on site
· The approved CTMP shall be adhered to throughout the construction.
Reason: in the interests of highway safety and the protection of the environment in accordance with Government guidance within the NPPF.
4. Prior to the building being first brought into use, electric vehicle charging points shall be installed for use by the businesses, staff and customers, the number, location and details of which shall first be agreed in writing by the Local Planning Authority. The electric charging points shall thereafter be retained and maintained in accordance with the approved scheme.
Reason: In the interests of sustainability and to comply with Policy ESD1 of the adopted Cherwell Local Plan 2011-2031 and in accordance with Government guidance within the NPPF
5. Prior to the first occupation of the development hereby approved, a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The development thereafter shall accord with the approved Travel Plan.
Reason: In the interests of sustainability and to ensure a satisfactory from of development in accordance with Government guidance within the NPPF.
6. The development hereby approved shall be carried out in accordance with the Pinnacle Surface Water Drainage Report Version 6 dated 12 March 2021.
Reason: To ensure satisfactory drainage of the site in the interests of achieving sustainable development and to comply with Policy ESD6 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the NPPF.
7. Prior to first occupation, a record of 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 Flood Authority Asset Register. The details shall include:
· As built plans in both .pdf and .shp file format
· 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
· The name and contact details of any appointed management company information
Reason: To ensure that the development is served by sustainable arrangements for the disposal of surface water and to comply with Policy ESD6 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the NPPF.
8. If, during development, contamination not previously identified is found to be present at the site, no further development shall be carried out until full details of a remediation strategy detailing how the unsuspected contamination shall be dealt with has been submitted to and approved in writing by the Local Planning Authority. Thereafter the remediation strategy shall be carried out in accordance with the approved details.
Reason: To ensure that any ground and water contamination is identified and adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use, to comply with Saved Policy ENV12 of the adopted Cherwell Local Plan 1996 and Government guidance within the NPPF.
9. The retail units hereby approved shall not be subdivided.
Reason: In order to safeguard the vitality and viability of Bicester Town Centre and to comply with Government guidance within the NPPF.
10. Prior to the commencement of the development hereby approved, a detailed air quality impact assessment to identify the impact of the development on local air quality shall be submitted to and approved in writing by the Local Planning Authority. This shall have regard to the Cherwell District Council Air Quality Action Plan and no development shall take place until the Local Planning Authority has given its written approval that it is satisfied that the impact of the development on air quality has been adequately quantified.
Reason: In the interests of protecting the environment in accordance with Government guidance within the NPPF.
11. Prior to the commencement of the development hereby approved, where an adverse impact has been identified during works in condition 9 above, an air quality mitigation strategy shall be submitted to and approved in writing by the Local Planning Authority. Once approved, the measures within this strategy shall be implemented as agreed. No development shall take place until the Local Planning Authority has given its written approval that measures are in place which mitigate the impact of the development on local air quality.
Reason: In the interests of protecting the environment in accordance with Government guidance within the NPPF.
12. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the units, or on completion of the development, whichever is the sooner and shall be maintained for a period of 5 years from the completion of the development. Any trees and/or shrubs which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for variation.
Reason: To ensure the agreed landscaping scheme is maintained over a reasonable period that will permit its establishment in the interests of visual amenity and to accord with Policy ESD15 of the adopted Cherwell Local Plan 2011-2031 and Government guidance in the NPPF.
13. The development hereby permitted shall be carried out in accordance with the recommendations set out in sections 4.23 and 4.26 of the Update Ecological Survey Report by Aspect Ecology dated February 2019 unless otherwise agreed in writing by the Local Planning Authority.
Reason: To protect habitats and/or species of importance to nature conservation from significant harm in accordance with Government guidance within the NPPF.
14. The buildings hereby approved shall be constructed to at least BREEAM ‘very good’ standards
Reason: To ensure sustainable construction and reduce carbon emissions in accordance with Policy ESD3 of the adopted Cherwell Local Plan 2011-2031 and Government guidance contained within the NPPF.
Supporting documents: