Agenda item

Land Adjacent to the Oxford Canal, Spiceball Park Road, Banbury (1407)

Decision:

Approved, conditions to be set out in the minutes.

Minutes:

The Committee considered application 21/01407/OUT, an amendment to the Approved Plans (Condition 4) and removal of condition 24 (use of units) of application 16/02366/OUT at Land Adjacent to the Oxford Canal, Spiceball Park Road, Banbury for Cherwell District Council.

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

Resolved

(1) That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 21/01407/OUT subject to:

· 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 ensure the terms of the original section 106 are applied to the current proposal;

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

Conditions

1. Except otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the following plans and documents:

Site Location (407-OP-00 P3)

Site Plan (407-RM-S-P-100 Rev 7)

Site Boundary (407-OP-01 P2)

Demolition (407-OP-02 P4)

Excavation (407-OP-03 P2)

Land Use Lvl 00 (407-OP-04 P7)

Land Use Lvl 01 (407-OP-05 P7)

Land Use Lvl 02 (407-OP-06 P7)

Land Use Lvl 03-07 (407-OP-07 P6)

Area Schedule (407-OP-08 P6)

Deviations L00 (407-OP-09 P7)

Deviations L01 (407-OP-10 P8)

Deviations L02 (407-OP-11 P9)

Deviations L03-07 (407-OP-12 P7)

Canopies (407-OP-13 P7)

Deviations in Height - Sheet 1 (407-OP-14 P5)

Deviations in Height - Sheet 2 (407-OP-15 P5)

Bridges (407-OP-16 P6)

Active Frontages (407-OP-17 P7)

Pedestrian Site Circulation (407-OP-18 P7)

Pedestrian Access and Circulation (407-OP-19 P6)

Landscape (407-OP-20 P7)

Vehicle Access and Circulation (407-OP-21 P8)

Proposed Highway Works Social Club Retained (5764-HP010 Rev P)

Cinema Service Yard (5764-HSK005 Rev F)

Cinema Tracking (5764/HPAT02 Rev F)

Food Delivery Tracking (5764/HPAT13)

HGV deliveries to food retail unit and along Spiceball Park Road (5764/HPAT14)

In addition approval is given for the documents submitted with the application and listed in the August 2016 list of plans and documents for approval.

Reason - For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority and to comply with the National Planning Policy Framework March 2012.

2. The development permitted by this planning permission shall be carried out in accordance with the flood mitigation principles set out in the Flood Risk Assessment BMW/388/FRA rev A, undertaken by BWB Consulting dated 11th October 2013 and the addendum to the Flood Risk Assessment BMW/388/FRA-Addendum Rev A, dated 28th March 2014. Any subsequent amendments shall be agreed in writing with the local planning authority. Individual phases of the development shall be accompanied by a specific FRA to ensure that the individual elements follow the flood mitigation principles and do not affect flood risk in the wider catchment. Specific design requirements to ensure the safety of the development are:

The operational areas of the ground floor food store to be set above the 1 in 100 year plus 20% flood level.

Flood resilient construction techniques to be included for all development up to the 1 in 1000 year undefended flood level The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

Reason - To reduce the risk of flooding to the proposed development and future occupants

3. 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 is located over alluvial deposits (Secondary A Aquifer) that in turn sit over the Charmouth Mudstone (Unproductive Stratum). The site is within a flood plain and therefore groundwater will be present in the alluvium. Construction may mobilise contamination and if hot spots are encountered within the alluvium these should be dealt with in an appropriate manner. The Ridge and Partners LLP, Construction Environmental Management Plan (item 7.4 Water Management and Pollution) states that 'precautions will be taken prior to and during construction to ensure the protection of watercourses and groundwater against pollution'. Therefore we are reassured that there is a strategy in place for protection of controlled waters.

4. All works on each phase of development shall proceed in accordance with the approved details contained within the Ecological Avoidance, Mitigation and Enhancement Strategy dated February 2019, as approved under application 18/00453/DISC.

Reason - To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy C2 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

5. Prior to the installation of the first and successive phases of the development hereby approved, a detailed 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.

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 C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

6. 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) of that phase 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 that phase 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.

7. In respect of retained trees;

a) No retained tree shall be cut down, uprooted, damaged or destroyed, nor shall any retained tree be pruned in any manner, be it branches, stems or roots, other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. All tree works shall be carried out in accordance with BS3998: Recommendations for Tree Works.

b) If any retained tree is cut down, uprooted, destroyed or dies, another tree shall be planted in the same place in the next planting season following the removal of that tree, full details of which shall be firstly submitted to and approved in writing by the Local Planning Authority.

In this condition a "retained tree" is an existing tree which shall be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) shall have effect until the expiration of five years from the date of this permission.

8. The development hereby approved shall be carried out in accordance with the previously approved Arboricultural Method Statement prepared by Sylva Consultancy, dated January 2019, as approved under application 18/00453/DISC.

Reason - To ensure the continued health of retained trees/hedges and to ensure that they are not adversely affected by the construction works, in the interests of the visual amenity of the area, to ensure the integration of the development into the existing landscape and to comply with Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

9. Prior to implementation of the landscaping scheme (approved pursuant to Condition 15) within the first and successive phases of the development hereby approved, and notwithstanding the submitted details, full details, locations, specifications and construction methods for all purpose built tree pits and associated above ground features, to include specifications for the installation of below ground, load-bearing 'cell structured' root trenches, root barriers, irrigation systems and a stated volume of a suitable growing medium to facilitate and promote the healthy development of the proposed trees for that phase, shall be submitted to and approved in writing by the Local Planning Authority for that phase. Thereafter, the development of that phase shall be carried out in accordance with the approved details and specifications.

10. Prior to implementation of the landscaping scheme (approved pursuant to Condition 15) within the first and successive phases of the development hereby approved, and notwithstanding the submitted details, full details, locations, specifications and construction methods for all tree pits located within soft landscaped areas, to include specifications for the dimensions of the pit, suitable irrigation and support systems and an appropriate method of mulching for that phase, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development of that phase shall be carried out in accordance with the approved details and specifications.

11. The development hereby approved shall be carried out in accordance with the on-site noise measurements, agreed environmental noise limits and any necessary scheme of mitigation as set out in the Noise Impact Assessment (project number 50100626) prepared by WSP and dated February 2017, as approved under application 17/00147/DISC.

Reason - to ensure the creation of a pleasant environment for the development and to comply with Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework

12. Prior to the first occupation of the units within Blocks A and C, full details of operational plant and mitigation shall be provided to the local planning authority for approval, and the scheme to be installed and maintained thereafter in accordance with the approved details.

The development hereby approved shall be carried out in accordance with the approved operational plant and mitigation approved in respect of Block B under application 20/02961/DISC.

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.

13. The development hereby approved shall be carried out in accordance with the approved surface water and foul sewage drainage details as approved under application 17/00147/DISC, and as set out below:

Block A GA Drainage - CQ2-MJM-ZA-B2-DR-C01500 P6

Block B GA Drainage - CQ2-MJM-ZB-B2-DR-C01527 P3

Block C GA Drainage - CQ2-MJM-ZC-B2-DR-C01550 P5

Standard Drainage details on the following drawings:

CAQUBA-MJM-ZA-B2-DR-C-1501 P2

CAQUBA-MJM-ZA-B2-DR-C-1502 P2

Reason - To ensure satisfactory drainage of the site in the interests of public health, to avoid flooding of adjacent land and property and to comply with Policy ENV1 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

14. The development hereby approved shall be carried out in accordance with the full specification of the turning areas and parking spaces within the site. The turning areas and car parking shall be retained for parking and manoeuvring of vehicles at all times thereafter as approved under application 18/00453/DISC and as set out below:

• Proposed Castle Quay Development Job No. 5764, Hard Paving Construction Specification

• Castle Quay 2 Mastic Asphalt Roofing, Insulation and Finishes

• Drainage Block A - CQ2-MJM-ZA-B2-DR-C-1500

• Drainage Block B- CQ2-MJM-ZB-B2-DR-C-1527

• Drainage Block C - CQ2-MJM-ZC-B2-DR-C-1550

• Block B Layout level 00 - 3706-LJA-B0-00-DR-A-15711 T1

• Block B Layout level 01 - 3706-LJA-B0-01-DR-A-15712 T1

• Block B Layout level B1 - 3706-LJA-B0-B1-DR-A-15710 T1

• Block B Proposed floor and roof types - 3706-LJA-B0-XX0DR-A-20616 T1

• Block C Lower Ground level - 3706-LJA-C0-00-DR-A-20600 T2

• Block C Lower Ground Level - 3706-LJA-C0-00-DR-A-20602 T2

• Block C Floor Details - 3706-LJA-C0-XX-DR-A-20610

Reason - In the interests of highway safety, to ensure the provision of off-street car parking and to comply with Government guidance contained within the National Planning Policy Framework.

15. Prior to first use of the development, a highway signage strategy shall be submitted to, and approved in writing by, the Local Planning Authority. The agreed signage strategy must be fully implemented prior to first use of the development.

Reason - In the interest of highway safety and traffic management.

16. Prior to the first use or occupation of the first and successive phases of the development, cycle parking facilities including secure, covered cycle parking for employees, shall be provided on the site in accordance with details for that phase which shall be firstly submitted to and approved in writing by the Local Planning Authority. Thereafter, the cycle parking facilities shall be permanently retained and maintained for the parking of cycles in connection with the development.

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.

17. Prior to the first occupation of the first and successive phases of development hereby approved, an updated Framework Travel Plan, prepared in accordance with the Department of Transport's Best Practice Guidance Note "Using the Planning Process to Secure Travel Plans" and OCC's Guidance "Transport for New Developments: Transport Assessments and Travel Plans" shall be submitted to and approved in writing by the Local Planning Authority. The updated Travel Plan shall accord with the general provisions of the approved Framework Travel Plan (July 2014), and shall clearly set out landlord and occupier provisions respectively. Within three months of occupation, and in accordance with the thresholds set out in OCC guidance, Occupier Travel Plans shall be submitted to the Local Planning Authority for approval. Thereafter, the Updated Framework Travel Plan and Occupier Travel Plans 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.

18. Provision shall be made within the layout for vehicular and pedestrian access to serve the land adjoining to Mill Arts Centre, Castle Quay shopping centre and riverside path.

Reason - In order to secure the proper planning of the area and the comprehensive development of adjoining land and to comply with Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

19. The development hereby approved shall be carried out in accordance with the SuDS drainage scheme approved under application 17/00147/DISC and as set out below:

Block A GA Drainage - CQ2-MJM-ZA-B2-DR-C01500 P6

Block B GA Drainage - CQ2-MJM-ZB-B2-DR-C01527 P3

Block C GA Drainage - CQ2-MJM-ZC-B2-DR-C01550 P5

Standard Drainage details on the following drawings:

CAQUBA-MJM-ZA-B2-DR-C-1501 P2

CAQUBA-MJM-ZA-B2-DR-C-1502 P2

Reason - In the interests of highway safety and flood prevention and to comply with Government advice contained within the National Planning Policy Framework.

20. The construction works must be carried out in accordance with the details approved in the Traffic Management Method Statement for Banbury Castle Quay 2 Development Rev.L, prepared by McLaren and dated April 2019, as approved under application 18/00453/DISC.

Reason - To mitigate the impact of construction vehicles on the surrounding highway network, road infrastructure and local residents, particularly at morning and afternoon peak traffic times.

21. Prior to commencement of the use of any building hereby approved, details of a scheme for car park routeing and guidance, including matrix signs relating to car parking at the development, shall be submitted to and approved in writing by the LPA. Prior to any occupation on Phase 2 the car park routeing and guidance system shall be installed and implemented in accordance with the approved scheme and thereafter managed and maintained in accordance with the approved scheme.

Reason - In the interests of highway safety and convenience, to ensure the provision of off-street car parking and to comply with Government guidance contained within the National Planning Policy Framework.

Supporting documents: