Agenda item

Approved, details of conditions to be set out in the minutes.

The Committee considered application 21/01580/F for the change of use of land from agriculture to equestrian use, erection of buildings to provide stabling for 36 ponies with associated facilities for the storage of tack, feed and equipment to tend the land, formation of an exercise arena and exercise track and school area. Relocation of existing site access to Akeman Street at Kemsley Farm Northampton Road Weston on the Green OX25 3AA for Oxford Polo Limited.

 

David Ashby, the applicant, addressed the committee in support of the application.

 

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 for Planning and Development to grant permission for application 21/01580/F subject to:

 

i)                To the resolution of the objection from the County Archaeology and;

ii)               The conditions set out below (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: Application form, Glanville Flood Risk Assessment 4 October 2021, Windrush Ecological Impact Assessment (August 2021) and drawing number LP 001 Rev A, SKP 004 Rev H, J1545-01, 8210154 6101 A and Infiltration Basin.

 

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 construction of any part of the access tracks, horse arena, schooling area or exercise track, full details of the final surface treatment for that element shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

 

Reason - In the interests of the visual amenities of the area, and to comply with Policies ESD13 and ESD15 of the Cherwell Local Plan Part 1 (2015) and Government guidance contained within the National Planning Policy Framework.

 

4.            Prior to the installation of any fences or other means of enclosure full details of the enclosures site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved means of enclosure shall be erected, in accordance with the approved details and retained as such.

 

Reason - In the interests of the visual amenities of the area, and to comply with Policies ESD13 and ESD15 of the Cherwell Local Plan Part 1 (2015) and Government guidance contained within the National Planning Policy Framework.

 

5.       Notwithstanding the provisions of Class A of Part 2, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) and its subsequent amendments, no gate, fence, wall or other means of enclosure, other than those that have been approved as part of the application shall be erected, constructed or placed on the site without the prior express planning consent of the Local Planning Authority

 

Reason - In the interests of the visual amenities of the area, and to comply with Policies ESD13 and ESD15 of the Cherwell Local Plan Part 1 (2015) and Government guidance contained within the National Planning Policy Framework.

 

6.       Prior to any works above slab level, a schedule of materials and finishes for the external walls and roof(s) of the development hereby approved 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 - In the interests of the visual amenities of the area, and to comply with Policies ESD13 and ESD15 of the Cherwell Local Plan Part 1 (2015) and Government guidance contained within the National Planning Policy Framework

 

7.            Prior to any works above slab level full details of the extent and location of solar panels to be provided on the roof of the proposed buildings shall be submitted and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved schedule.

 

Reason: To provide renewable energy at the site in accordance with Policy ESD5 of the Cherwell Local Plan Part 1 (2015) and Government guidance contained within the National Planning Policy Framework

 

8.        Prior to any works above slab level of the development hereby approved, full details of the location, method of storage and disposal of all manure and waste from the site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out and maintained in accordance with the approved details

 

Reason – To ensure that proper arrangements are made for the disposal of manure//waste, to ensure the creation of an environment free from intrusive levels of odour/flies/vermin and to prevent the pollution of adjacent ditches and watercourses, in accordance with Policies AG5 and ENV1 of the Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

 

9.       Prior to the installation of any external lighting, full details of the external lighting shall be submitted to and approved in writing by the Local planning Authority. Thereafter, the lighting shall be carried out and retained in accordance with the approved details. At no time shall any additional external lighting beyond that agreed under this condition be installed at the site.

 

Reason - In the interests of the visual amenities of the area, to protect the amenity of the neighbouring properties and the ecological constraints of the site and to comply with Policies ESD10, ESD13 and ESD15 of the Cherwell Local Plan Part 1 (2015), Policy E4 of the Weston on the Green Neighbourhood Plan 2021 and Government guidance contained within the National Planning Policy Framework

 

10.     Prior to the any works to the access hereby approved, full details of the means of access between the land and the highway, including, position, layout, construction, drainage and vision splays shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the first use of the site/buildings, the means of access shall be constructed and retained in accordance with the approved details.

 

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

 

11.     Other than the approved access(s) no other means of access whatsoever shall be formed or used between the land and the highway.

 

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

 

12.     Prior to the any works above slab level or the first use of the site for equestrian purposes, a plan showing car parking provision for vehicles to be accommodated within the site, 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 spaces shall be laid out, surfaced, and completed in accordance with the approved details and shall be retained soley for the parking of vehicles at all times thereafter.

 

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.

 

13.     The development shall be carried out in accordance with the Recommendations and protection measures outline within Section 6 of the Windrush Ecological Impact Assessment (2021) Section 6 unless otherwise agreed in writing by the Local Planning Authority under a separate discharge of planning condition.

 

Reason: In the interests of the ecological value of the site and to protect habitats on the site and to comply with Policies, ESD10 and ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within the National Planning Policy Framework

 

14.     No development shall take place above slab level and the site shall not be used for equestrian purposes until a Landscape and Ecology Management Plan (LEMP) based on the Windrush Ecology Ecological Impact Assessment (2021) has be submitted to and approved in writing by the Local Planning Authority. The LEMP shall include a full detailed landscaping plan and full details of the other ecological enhancements for the site. Thereafter the development shall be carried out in strict accordance with the approved details prior to the first use of the site and all the landscaping shall be completed in the first planting and seeding seasons following the occupation of the site for equestrian purposes 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 protect habitats of importance to biodiversity conservation from any loss or damage, to ensure a biodiversity net gain is secured and to help mitigate the visual impacts of the development in accordance with Policies ESD10, ESD13 and ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within Section 15 of the National Planning Policy Framework.

 

15.     The drainage system shall be implemented in strict accordance with the detail drainage design (as outlined in the document below) prior to the use of the building commencing:

- Glanville Flood Risk Assessment Kemsley Barn, Akeman Street, Weston on the Green, Oxfordshire (ref: 001_8210613_AQ_Flood_Risk_Assessment 4 October 2021 Issue 1

 

Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal in accordance with Policy ESD6 and ESD7 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within the National Planning Policy Framework

 

16.     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;

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 the appointed management company information and their responsibilities

 

Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal in accordance with Policy ESD6 and ESD7 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government

 

17.     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 Saved Policy ENV12 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.