Agenda item


Land East of Larsen Road, Heyford Park

Decision:

Approved, conditions to be set out in the minutes

Minutes:

The Committee considered application 15/01357/F for the erection of 89 dwellings, creation of new access arrangement from Camp Road, creation of open space, hard and soft landscaping, associated ancillary works and infrastructure at Land East of Larsen Road, Heyford Park for Pye Homes Limited.

 

Nigel Pugsley, agent for the applicant, addressed the Committee in support of the application.

 

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

 

Resolved

 

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 15/01357/F subject to:

 

i)        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):

 

Affordable Housing:

• 27 units to be delivered

• Affordable mix to be agreed with CDC

• 50% of the affordable rented units must meet the Building Regulations Requirement M4(2) Category 2: Accessible and Adaptable Dwellings requirement. Additionally, 100% of the affordable housing units are to be built

the government's Nationally Described Space Standard (Technical Housing Standards). The wheelchair unit should conform to M4 (2) Category 3 of building regs accessibility requirement.

• The selection of the RP who will take on the affordable units should be agreed with the Council.

• The Council are currently reviewing its Affordable Housing Policies following the Governments initiative on First Homes and the Ministerial Statement 0n 24th May 2021.

 

Household Waste Recycling Centres

• Expansion and efficiency of Household Waste Recycling Centres (HWRC)- a contribution of £8,362

 

Apprenticeships & Skills

• The submission of an Employment Skills and Training Plan which would state the target number of apprenticeships within it and will require that it also sets out the arrangements through which the apprenticeships will be provided.

• Provision of 4 apprenticeships

 

Conservation of heritage interests - financial contribution in the region of £300,000

 

Biodiversity enhancement towards and/or provision of off-site ecological mitigation measures to an agreed specification and quantum;-Financial contribution in the region of £225,000

 

Support Improvement of local primary care infrastructure (OCCG) based on OCCGs adopted policy to use a calculation of 2.4 x number of dwellings x £360 for contributions to health infrastructure.-£76,896.

 

Contributions towards community infrastructure and open space:

• Indoor Sports Provision-£73,414.96

• Outdoor Sport Provision-£179,515.67

• Community Hall Facilities-£118,260

• Public Art/Public Realm-£19,936

• Community Development Worker-£6,243.38.

• Allotments-£64,856 capital sum to build out allotments and £4,888.00

           maintenance sum

• Cemetery Provision - tbc

• POS-maintenance for 15 years at £20.49 m2

• Tree/hedgerow maintenance for 15 years-£198.82 per tree/£20.49m2  hedge (to be measured)

• Combined LAP/LEAP with 3 pieces of equipment provided. Commuted  maintenance/inspection sum for 15 years-contribution of £138,352.65

• Commuted sum for maintenance of watercourse and swales (for 15 years)-   Total length of watercourse to be measured and multiplied by £116.98/m2/Swales £97.71 per m2

• Attenuation Pond-To be measured - £50.98 m2

 

Library-Funding of Bicester library-financial contribution-£9,559

 

Education:

• Primary and nursery education serving the development- £639,375

• Primary school land contribution-£60,158

• Secondary education capacity serving the development-£281,860

• SEN capacity serving the development-£37,757

 

Traffic and Transport

• Contributions towards public transport provision in the form of a bus service contribution and bus infrastructure to agreed amounts;

• Undertaking Travel Planning initiatives;

• Contributions towards off site highway works to improve highway junctions,

• including safety improvements contribution to A4260/B4027;Middleton Stony  junction improvements; Ardley/Bucknell junction improvements; B430/minor road junction improvements; Chilgrove Drive S278 scheme; M40 Junction 10 improvements;

• Contributions towards rural traffic calming schemes, including Lower Heyford, Ardley, Somerton, North Aston, Chesterton, Kirtlington and Fritwell;

 

An obligation to enter into an S278 Agreement to secure highway works including site access onto Camp Road and a footway/cycleway connection to Chilgrove Drive.

 

CDC S106 Monitoring fee – TBC

OCC S106 Monitoring fee – TBC

       

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

 

CONDITIONS

 

Statutory Time Limit (full)

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.

 

Approved Documents

2.       Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following documents:

• Application forms,

• Planning Statement and Addendum including Heritage Statement Update and Affordable Housing Statement Update

• Landscape and Visual Impact Assessment and Addendum,

• Geophysical Survey,

• Transport assessment and Appraisal

• Design and Access Statement and Addendum,

• Update Ecology Appraisal

• Flood Risk Assessment (FRA) and Drainage Statement

and drawings numbered:

• Location Plan 2105 – 001

• Proposed Site Plan 2105- 002 D

• House Types Plan 2105- 004 D

• Building Heights Plan 2105- 005 D

• Parking, Cycle Store & Refuse Management 2105- 006 D

• Frontages & Surveillance Plan 2105- 007 D

• Affordable House Plan 2105 – 009 B

BBHouse Type Floor Plans 2105 – 015

BBHouse Type Elevations 2105 – 016

BBHouse Type Roof Plan & Section 2105- 017

• BR House Type Floor Plans 2105- 018

• BR House Type Elevations 2105- 019

• BR House Roof Plan & Section 2105- 020

• BBR House Type Floor Plans 2105- 021

• BBR House Type Elevations 2105- 022

• BBR House Type Roof Plan & Section 2105- 023

• BKK HouseType Floor Plans 2105- 024

• BKK HouseType Elevations 2105- 025

• BKK HouseType Roof Plan & Section 2105- 026

• BK2K2B House Type Floor Plans 2105- 030

• BK2K2B House Type Elevations 2105- 031

• BK2K2B House Type Roof Plan & Section 2105- 032

• BKKR House Type Floor Plan 2105- 033

• BKKR House Type Elevations 2105- 034

• BKKR House Type Roof Plan & Section 2105- 035

• 6XF (flats)House Type Ground Floor Plan 2105- 043 A

• 6XF (flats)House Type First Floor Plan 2105- 044

• 6XF (flats)House Type Elevations 2105- 045

• 6XF (flats)Roof Plans& Section 2105- 046

• Dashwood House Type Floor Plan 2105- 047

• Dashwood House Type Elevations 2105- 048

• Dashwood House Type Roof Plan & Section 2105- 049

Winnersh House Type Floor Plans 2105- 050

Winnersh House Type Elevations 2105- 051

Winnersh House Type Roof Plan & Section 2105- 052

• Richmond House Type Floor Plans 2105- 053

• Richmond House Type Elevations 2105- 054

• Richmond House Type Floor Plan & Section 2105- 055

• BR2 House Type Floor Plans 2105- 056

• BR2 House Type Elevations 2105- 057

• BR2 House Type Roof Plan & Section 2105- 058

• 8KB House Type Floor Plans 2105- 059

• 8KB House Type Elevations 2105- 060

• 8KB House Type Roof Plan & Section 2105- 061

• BKKKKB House Type Floor Plans 2105- 065

• BKKKKB House Type Elevations 2105- 066

• BKKKKB House Types Roof Plan & Section 2105- 067

KeKeBB House Type Floor Plans 2105- 068

KeKeBB House Type Elevations 2105- 069

KeKeBB House Type Roof Plan & Section 2105- 070

KeKeKK House Type Floor Plans 2105- 071

KeKeKK House Type Elevations 2105- 072

KeKeKK House Type Roof Plan & Section 2105- 073

• BuBu House Type Ground Floor Plan 2105- 074 A

• BuBu House Type Elevations 2105- 075

• BuBu House Type Roof Plan & Section 2105- 076

• Dashwood 2 House Type Floor Plans 2105- 077 A

• Dashwood 2 House Type Elevations 2105- 078 A

• Dashwood 2 House Type Roof Plan & Section 2105- 079 A

• Hard Landscape Plan 9712L.HLP.004 Rev A

• Proposed Site Access [within Transport Appraisal] 16413-01 C

• Drainage Strategy Plan 4388-LETCH-ICS-XX-RP-C-07.001 Rev B

 

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.

 

Submission of further matters-prior to commencement (CPDA required)

3.       The development permitted shall not be begun until details of the following additional matters have been submitted to, and approved in writing by, the Local Planning Authority:

 

• The siting, layout and design of the proposed treatment plant

• A proposed scheme of access for pedestrians and cyclists to Larsen Road

·  An energy statement demonstrating how all the dwellings will achieve a 19% reduction in carbon emissions above Part G of the building regulations and a water efficiency of not more than 110 litres/person/day.

 

Reason: - For the avoidance of doubt, to enable the Local Planning Authority to give further consideration to these matters, to ensure that the development is carried out only as approved by the Local Planning Authority.  In the interests of creating sustainable new development in accordance with the requirement of policies ESD1, ESD2, ESD3, ESD4, and ESD5 of the Cherwell Local Plan 2011-2031 and to achieve a comprehensive integrated form of development in compliance with Policy Villages 5 of the adopted Cherwell Local Plan and to comply with Government guidance contained within the National Planning Policy Framework.

 

Schedule of Materials-prior to commencement

4.       Prior to the commencement of the development hereby approved, a schedule of materials and finishes for the external walls and roof(s) of the development hereby approved together with samples of all bricks, render, paviors and slates shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved schedule.

 

Reason : To ensure that the materials are appropriate to the appearance of the locality and to ensure the satisfactory appearance of the completed development in accordance with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

Landscaping Scheme-prior to commencement

5.       This permission shall specifically exclude the planting details shown on Planting Plan ref 9712L.PP.001-Rev A and prior to the commencement of the development hereby approved, a 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.

 

Maintenance of planting

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) 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 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.

 

Reason: To ensure that 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 Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

Landscape Management Plan-prior to occupation

7.       Prior to the first occupation of the development hereby approved, a landscape management plan, to include the timing of the implementation of the plan, long term design objectives, management responsibilities, maintenance schedules and procedures for the replacement of failed planting for all landscape areas, other than for privately owned, domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the landscape management plan shall be carried out in accordance with the approved details.

 

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.

 

Open Space and Play Areas-prior to commencement

8.       Prior to the commencement of the development hereby approved full details of the provision, landscaping and treatment of the open space and play space within the site including the LAP and LEAP together with a timeframe for its provision shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the open space and play space shall be landscaped, laid out and completed in accordance with the approved details and retained at all times as open space and play space.

 

Reason: In the interests of amenity, to ensure the creation of a pleasant environment for the development with appropriate open space/play space and to comply with Policy BSC11 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 

 

Boundary Enclosures-prior to commencement

9.       This permission shall specifically exclude the details of the boundary treatment and full details of the enclosures along all boundaries of the site shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development, and such means of enclosure shall be erected prior to the first occupation of the dwelling.

 

Reason : To ensure the satisfactory appearance of the completed development, to safeguard the privacy of the occupants of the existing and proposed dwellings and to comply with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policies C28 and C30 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 

Landscape and Ecological Management Plan (LEMP)-prior to occupation

10.     Prior to first occupation of the development hereby approved, a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the LEMP shall be carried out in accordance with the approved details.

 

Reason : To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within Section 15 of the National Planning Policy Framework.

 

Construction of roads and paths-prior to commencement

11.     Prior to the commencement of the development hereby approved, full specification details of the roads, footpaths and cycle paths including construction, surfacing, layout, drainage, and road markings, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the first occupation of the first house the development shall be constructed in accordance with the approved details.

 

Reason - In the interests of highway safety, to ensure a satisfactory standard of construction and layout for the development and to comply with Government guidance contained within the National Planning Policy Framework.

 

Construction of access and driveways-prior to commencement

12.     Prior to the commencement of the development hereby approved, full specification details of the vehicular accesses, driveways and turning areas to serve the dwellings, which shall include construction, layout, surfacing and drainage, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the first occupation of any of the dwellings, the access, driveways and turning areas shall be constructed in accordance with the approved details.

 

Reason - In the interests of highway safety, to ensure a satisfactory standard of construction and layout for the development and to comply with Government guidance contained within the National Planning Policy Framework.

 

Standard of Construction - prior to occupation

13.     Prior to the first occupation of any of the dwellings hereby approved, all of the estate roads and footpaths (except for the final surfacing thereof) shall be laid out, constructed, lit and drained in accordance with Oxfordshire County Council's 'Conditions and Specifications for the Construction of Roads' and its subsequent amendments.

 

Reason - In the interests of highway safety, to ensure a satisfactory standard of construction and layout for the development and to comply with Government guidance contained within the National Planning Policy Framework.

 

Parking and manoeuvring specification-prior to commencement

14.     Prior to the commencement of the development hereby approved, full specification details (including construction, layout, surfacing and drainage) of the parking and manoeuvring areas shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the development, the parking and manoeuvring areas shall be provided on the site in accordance with the approved details and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter.

 

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

 

Access Details-Prior to commencement

15.     Prior to the commencement of the development hereby approved, full details of the main access vision splays, including layout and construction shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the main access the vision splays shall be constructed in accordance with the approved details and the land and vegetation within the vision splays shall not be raised or allowed to grow above a maximum height of 1m above carriageway level.

 

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

 

Travel Information Pack-prior to occupation

16.     Prior to first occupation of any dwelling, a Travel Information Pack shall be submitted to and approved by the Local Planning Authority. The first residents of each dwelling shall be provided with a copy of the approved Travel Information Pack.

 

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

 

Sustainable Drainage Details Required (SUDS)-prior to commencement

17.     Prior to first occupation of any dwelling, the approved drainage system shall be implemented in accordance with the approved Detailed Design as set out in the Flood Risk Assessment and Drainage Statement Letchmere Green, Heyford Park, Upper Heyford - Doc Ref: 4388-LETCH-ICS-XX-RP-C-07.001_Rev_B Date: July 2021.

 

Reason : To ensure that the development/site is served by sustainable arrangements for the disposal of surface water, to comply with Policy ESD6 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy ENV1 of the Cherwell Local Plan 1996 and Government advice in the National Planning Policy Framework.

 

Sustainable Drainage Management-prior to first occupation

18.     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 that the development/site is served by sustainable arrangements for the disposal of surface water, to comply with Policy ESD6 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy ENV1 of the Cherwell Local Plan 1996 and Government advice in the National Planning Policy Framework.

 

Construction Environmental Management Plan (CEMP) –prior to commencement

19.     No development shall take place, including any works of demolition until a Construction Method Statement has been submitted to, and approved in writing by the Local Planning Authority. The statement shall provide for at a minimum:

a) The parking of vehicles of site operatives and visitors;

b) The routeing of HGVs to and from the site;

c) Loading and unloading of plant and materials;

d) Storage of plant and materials used in constructing the development;

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

f) Wheel washing facilities including type of operation (automated, water recycling etc) and road sweeping;

g) Measures to control the emission of dust and dirt during construction;

h) A scheme for recycling/ disposing of waste resulting from demolition and construction works;

i) Delivery, demolition and construction working hours;

 

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 Saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

 

Construction Environmental Management Plan (CEMP) for Biodiversity – Prior to commencement

20.     No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the Local Planning Authority. The CEMP: Biodiversity shall include as a minimum:

 

a) Risk assessment of potentially damaging construction activities;

b) Identification of ‘Biodiversity Protection Zones’;

c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements);

d)The location and timing of sensitive works to avoid harm to biodiversity features;

e) The times during construction when specialist ecologists need to be present on site to oversee works;

f) Responsible persons and lines of communication;

g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person;

h) Use of protective fences, exclusion barriers and warning signs

The approved CEMP: Biodiversity shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason : To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011 2031 Part 1 and Government guidance contained within Section 15 of the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

 

Badgers Mitigation – Prior to commencement

21.   Prior to the commencement of the development hereby approved, including any demolition and any works of site clearance, a mitigation strategy for badgers, which shall include details of a recent survey (no older than six months), whether a development licence is required and the location and timing of the provision of any protective fencing around setts/commuting routes, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

 

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 Part 1 and Government guidance contained within the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

 

Details of Lighting – prior to commencement (CPDA/ecologist)

22.   Details of the external lighting including the design, position, orientation and any screening of the lighting shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of those works. The lighting shall be installed and operated in accordance with the approved scheme at all times thereafter.

 

Reason : To protect the amenities of nearby residents and light sensitive ecology, in the interest of public safety and to comply with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policies C28 and C30 of the Cherwell Local Plan 1996.

 

Biodiversity Enhancement – prior to development commencing

23.   A method statement for enhancing the bat/bird/invertebrate provision per dwelling shall be submitted to and approved in writing by the Local Planning Authority prior to the development reaching slab level. Thereafter, the biodiversity enhancement measures approved shall be carried out prior to occupation and retained in accordance with the approved details.

 

Reason : To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011 – 2031 Part 1 y and Government guidance contained within Section 15 of the National Planning Policy Framework.

 

NSP licence required conditions

24.   No development hereby permitted shall take place except in accordance with the terms and conditions of the Council’s organisational licence (WML-OR94) and with the proposals detailed on plan ‘Larsen Road Phase 1 and 2 combined: Impact Plan for great crested newt district licensing’ Version 3 dated 19th October 2021.

 

Reason: In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the organisational licence WML-OR94.

 

25.   No development hereby permitted shall take place unless and until a certificate from the Delivery Partner (as set out in the District Licence WML-OR94), confirming that all necessary measures in regard to great crested newt compensation have been appropriately dealt with, has been submitted to and approved by the local planning authority and the local authority has provided authorisation for the development to proceed under the district newt licence. The Delivery Partner certificate must be submitted to this planning authority for approval prior to the commencement of the development hereby approved.

 

Reason: In order to adequately compensate for negative impacts to great crested newts.

 

26.   No development hereby permitted shall take place except in accordance with Part 1 of the GCN Mitigation Principles, as set out in the District Licence WML-OR94 and in addition in compliance with the following: - Works which will affect likely newt hibernacula may only be undertaken during the active period for amphibians. - Capture methods must be used at suitable habitat features prior to the commencement of the development (i.e. hand/destructive/night searches), which may include the use of temporary amphibian fencing, to prevent newts moving onto a development site from adjacent suitable habitat, installed for the period of the development (and removed upon completion of the development). - Amphibian fencing and pitfall trapping must be undertaken at suitable habitats and features, prior to commencement of the development.

 

Reason: In order to adequately mitigate impacts on great crested newts.

 

Land Contamination Desk Study / Site Walkover-prior to commencement

27.   Prior to the commencement of the development hereby permitted a desk study and site walk over to identify all potential contaminative uses on site, and to inform the conceptual site model shall be carried out by a competent person and in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and shall be submitted to and approved in writing by the Local Planning Authority. No development shall take place until the Local Planning Authority has given its written approval that it is satisfied that no potential risk from contamination has been identified.

 

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 Cherwell Local Plan and Section 15 of the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

 

Land Contamination Intrusive Investigation-prior to commencement

28.   If a potential risk from contamination is identified as a result of the work carried out under condition 27, prior to the commencement of the development hereby permitted, a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present, the risks to receptors and to inform the remediation strategy proposals shall be documented as a report undertaken by a competent person and in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and submitted to and approved in writing by the Local Planning Authority. No development shall take place unless the Local Planning Authority has given its written approval that it is satisfied that the risk from contamination has been adequately characterised as required by this condition.

 

Reason - To ensure that risks from land contamination to the future users of  the land and neighbouring land are minimised, together with those to controlled waters, property, and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy ENV12 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 

Land Contamination Remediation Scheme-prior to commencement

29.   If contamination is found by undertaking the work carried out under condition 28, prior to the commencement of the development hereby permitted, a scheme of remediation and/or monitoring to ensure the site is suitable for its proposed use shall be prepared by a competent person and in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and submitted to and approved in writing by the Local Planning Authority. No development shall take place until the Local Planning Authority has given its written approval of the scheme of remediation and/or monitoring required by this condition.

 

Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy ENV12 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 

Land Contamination Remediation Scheme

30.   If remedial works have been identified in condition 29, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 29. A verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority.

 

Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy ENV12 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 

Land Contamination Remediation Scheme (EA recommendation)

31.   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 risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property, and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy ENV12 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 

TWU water infrastructure-prior to occupation

32.   No development shall be occupied until confirmation has been provided that either:- all water network upgrades required to accommodate the additional flows to serve the development have been completed; or - a development and infrastructure phasing plan has been agreed with Thames Water to allow development to be occupied. 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.

 

Reason - The development may lead to no / low water pressure and network reinforcement works are anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional demand anticipated from the new development"

Supporting documents: