Agenda item

Approved, subject to resolution of Lead Local Flood Authority objections, completion of a S106 legal agreement and  conditions which will to be set out in the minutes.

The Committee considered application 21/00549/F for a single storey extension to create radiology areas, upper floors to provide a Staff Room and a new Boardroom and additional car parking at The Foscote Clinic, 2 Foscote Rise, Banbury, OX16 9XP for Shakib and Company.

 

Andy Tilsiter, agent for the applicant and Roger Cumming, architect 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 addresses of the public speakers.

 

Resolved

 

(1)      That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 21/00549/F subject to:

 

i)        A resolution of the lead local flood authority’s objection

 

ii)        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 Heads of Terms (and any amendments as deemed necessary):

 

S106 HEAD OF TERMS

a) Payment of £3,190 for the cost of Traffic Regulation Order towards the administration costs of the County Council processing the legal order required (lining and signing costs are to be met by applicant)

 

b) Payment of £2,379 for the cost of Travel Plan Monitoring towards the cost incurred by the County Council in monitoring the required Travel Plan.

 

If the Section 106 agreement/undertaking is not completed and the permission is not able to be issued by this date and no extension of time has been agreed between the parties, authority be delegated to the Assistant Director of Planning and Development to refuse the application for the following reason:

 

1.       In the absence of a satisfactory unilateral undertaking or any other form of Section 106 legal agreement the Local Planning Authority is not satisfied that the proposed development provides for appropriate traffic mitigation required as a result of the development and necessary to make the impacts of the development acceptable in planning terms, to the detriment of both existing and proposed residents and contrary to Policy ESD 15 of the CLP 2015, as well as paragraphs 108, 110 and 111 of the NPPF.

 

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

 

 

CONDITIONS

 

1.       The development hereby permitted shall be begun before the expiration of three years from 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.

 

2.       The development shall not be carried out otherwise than in complete accordance with the approved plans 001, 202, 203, 204, 205, 206, 207, received 18/02/2021 and additional plans reference 228 Rev A received 14/10/2021, and 209, L001 received 11/11/2021 and FAH-ZZ-DR-D-0001 Rev P2 received 19/11/2021 and Transport Report by EAS Transport Planning Ltd reference 3085/2020 dated 22/12/2020, received 18/02/2021, Parking Survey by EAS Transport Planning Ltd reference 20210621-TN-Revision A dated 22/06/2021, received 22/06/2021, Arboricultural Method Statement by Wharton reference 210422 1173 AMS V1b dated 14 October 2021 received 11/11/2021, revised Outline Drainage Strategy by Fairhurst reference 146431-FAH-ZZ-RP-C-0001 dated 10/11/2021 received 19/11/2021 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.

 

3.       No development shall take place until details of all finished floor levels in relation to existing and proposed site levels and to the adjacent buildings have been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall be constructed in accordance with the approved levels.

         

          Reason: In order to safeguard the visual amenities of the area in accordance with advice within Section 12 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.

 

4.       No retained trees shown on the approved plans and particulars 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. If any retained tree is cut down, uprooted, destroyed or dies, within a period of 5 years from the date of this permission 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.

         

          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 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. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

         

5.       The development hereby approved shall be carried out strictly in accordance with the recommendations and specifications set out in the Arboricultural Method Statement and the Tree Protection Plan prepared by Wharton Natural Infrastructure Consultants on 14th October 2020.

         

          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 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.

         

6.       All site clearance (including the removal of any vegetation or works to hedgerows) should be timed so as to avoid the bird nesting season, this being during the months of March until July inclusive unless alternative provisions have been previously agreed in writing by the Local Planning Authority

         

          Reason: To ensure that the development will conserve and enhance the natural environment and will not cause significant harm to any protected species or its habitat in accordance with the Government's ai to achieve sustainable development as set out in Section 15 of the National Planning Policy Framework.

         

7.       The existing conifer hedge along the southern boundary of the site shall be retained and enhanced where gaps exist to a minimum height of not less than four metres and any trees or plants which die, are removed or become seriously damaged or diseased within 5 years from the completion of the development shall be replaced in the next planting season with others of similar size and the same species, unless the Local Planning Authority gives written consent to any variation.

         

          Reason: To provide an effective and attractive screen for the development in the interests of visual amenity and to protect the amenities of nearby properties in accordance with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy C28 of the Cherwell Local Plan 1996.

 

8.       A schedule of landscape maintenance for a minimum period of 5 years shall be submitted to and approved in writing by the Local Planning Authority prior to occupation of the development. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved schedule unless otherwise approved in writing by the Local Planning Authority.

         

          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.

 

9.       All plant, machinery and equipment to be used by reason of the granting of this permission shall be so installed, maintained and operated so as to ensure that the rating noise level from the equipment does not exceed the background noise level at the boundary of the premises. Measurement and rating of noise for the purposes of this condition shall be in accordance with BS4142 (2014) 'Method for rating industrial and commercial sound'. The measurement location shall be 1 metre from the facade of the nearest noise sensitive receptor.

         

          Reason:  To ensure the creation of a satisfactory environment free from intrusive levels of noise in accordance with Saved Policy ENV1 of the Cherwell Local Plan 1996

         

10.      Prior to the completion of the extensions, a scheme for the provision of vehicular electric charging points to serve the development shall be submitted to and approved in writing by the Local Planning Authority. The vehicular electric charging points shall be provided in accordance with the approved details prior to the first use of the facilities in the extensions by patients and retained as such thereafter.

         

          Reason: To comply with Policies  SLE 4, ESD 1, ESD 3 and ESD 5 of the adopted Cherwell Local Plan 2011-2031 Part 1 and to maximise opportunities for sustainable transport modes in accordance with paragraph 110(e) of the National Planning Policy Framework.

 

11.      Prior to the facilities within the extensions being brought in to use a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be operated in accordance with the approved Travel Plan.

         

          Reason: In order to ensure that the opportunities for sustainable travel have been taken up

 

12.      A Construction Traffic Management Plan (CTMP) will need to incorporate the following in detail:

•         Routing of construction traffic and delivery vehicles is required to be shown and signed appropriately to the necessary standards/requirements. This includes means of access into the site.

•         Details of 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, in vehicle tyres/wheels, from migrating onto adjacent 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.

•         Contact details of the Project Manager and Site Supervisor responsible for on-site works to be provided.

•         The use of appropriately trained, qualified and certificated banksmen for guiding vehicles/unloading etc.

•         How construction related vehicle parking will be managed

•         Layout plan of the site that shows structures, site storage, compound, pedestrian routes etc.

•         A before-work commencement highway condition survey and agreement with a representative of the Highways Depot – contact 0345 310 1111. Final correspondence is required to be submitted.

•         Details of times for construction traffic and delivery vehicles, which must be outside network peak and school peak 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.

 

13.      No construction work including site clearance and delivery of materials shall be carried out except between the hours of 07.30 to 18.00 Monday to Friday and 08.00 to 13.00 on Saturdays and at no times on Sundays, Bank and Public Holidays.

         

          Reason: In order to protect the amenities of occupiers of nearby properties from noise outside normal working hours and to comply with  Saved Policy ENV1 of the Cherwell Local Plan 1996

         

14.      No building hereby permitted shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with the submitted details. The sustainable drainage scheme shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan.

         

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.

 

15.      Notwithstanding the details shown on the approved plans, no access by staff shall be provided to the flat roof area of the single rear extension.

 

Reason:  In order to safeguard the privacy of the residential dwellings to the south in accordance with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1 saved Policy C28 of the Cherwell Local Plan 1996.

 

iv)       The redrafting of condition 4 and condition 7 to provide clarity on how the restrictions on the trees and vegetation across the site will operate with the separate arrangements for the management of the hedge along the southern boundary.