Agenda item

Approved, subject to the removal of the Environment Agency objection, and the conditions and S106 obligation, details to be set out in the minutes.

The Committee considered application 21/02286/F for the construction of a coffee unit with drive-thru facility and indoor seating with associated access, car parking, landscaping and servicing parking at Land Northwest of Launton Road Roundabout, Adjoining Skimmingdish Lane, Caversfield for Created Life Three (Bicester) Limited.

 

In reaching its decision the committee considered the officers’ report and presentation and the written updates.

 

Resolved

 

(1)      That authority be delegated to the Assistant Director for Planning to grant permission for application 21/02286/F subject to:

 

          i)        The Environment Agency removing their 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 (and any amendments as deemed necessary):

 

•         Off-site Highway Works (a to provide footway/cycleway access to the development from the existing facilities on the A4421 as shown on drawing 4364SK-06 D) – TBC 

•         OCC S106 Monitoring fee – TBC 

         

iii)       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:

Application form

Planning Statement

Design and Access Statement

Transport Statement

Travel Plan

Flood risk assessment and additional supporting information

Drainage Strategy

Ecological report and additional supporting information

Archaeological and heritage assessment

Noise Assessment

Site investigation report and non-intrusive desk study

Climate Change and Sustainability Policy Matrix, and Bicester Greggs Drive Thru – Commentary on Energy Policy Prepared by Martin Thornley - Thornley & Lumb Partnership Ltd Issue 01 – 04.11.21

Drawing number 15987-100 Rev C – Location Plan

Drawing number 15987-101 Rev A – Existing Site Plan

Drawing number 15987-105 Rev P – Proposed Site Plan

Drawing number 15987-106 Rev C – Proposed Elevations, GA & Roof Plans

Drawing number 15987-107 – Proposed Cycle Details

Drawing number 15987-108 – Proposed Refuse Details

Drawing number 15987-109 Rev C – Proposed Master Plan

Drawing number 15987-VL-L01 Rev C – Landscape Plan

Drawing number 15987-VL-L02 – Landscape and Ecological Enhancement Plan

 

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.       Full details of the refuse/recycling bin storage for the site, including location and compound enclosure details, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of that work. Thereafter and prior to the first occupation of the development, the refuse/recycling bin storage area(s) shall be provided in accordance with the approved details and retained unobstructed except for the storage of refuse/recycling bins. 

 

Reason – To ensure the satisfactory appearance of the completed development and to comply with Policy ESD 15 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.  

 

4.       Details of all external lighting including the design, position, orientation, illumination and its intensity together with 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, operated, and retained in accordance with the approved scheme at all times thereafter. No other external lighting shall be erected within the site without the prior written consent of the Local Planning Authority.  

 

Reason – In the interests of visual amenity, to ensure it has no adverse impact on ecology and to comply with Policy ESD10 and ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policies C18, C28 and C30 of the Cherwell Local Plan 1996 and Government advice in The National Planning Policy Framework.  

 

5.       Prior to commencement 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. The LEMP shall include a schedule of landscape maintenance for a minimum period of 10 years starting from first occupation or completion of the development (whichever is sooner). 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 and to ensure that the agreed landscaping scheme is maintained over a reasonable period that will permit its establishment in the interests of visual amenity, in accordance with Policies ESD10 and 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.

 

6.       No development shall take place until a Construction Travel Management Plan (CTMP) has been 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 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.

·       A regime to inspect and maintain all signing, barriers etc.

·       Contact details of the Project Manager and Site Supervisor responsible for onsite works to be provided.

·       The use of appropriately trained, qualified and certificated 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 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 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 and school peak hours.

 

Reason – In the interests of highway safety and to mitigate the impact of construction vehicles on the surrounding network, road infrastructure and local residents, particularly at peak traffic times, in accordance with guidance contained in 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.

 

7.       Prior to the first use or occupation of the development hereby permitted, covered cycle parking facilities shall be provided on the site in accordance with details which shall be firstly submitted to and approved in writing by the Local Planning Authority. Thereafter, the covered 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 the Government guidance contained within the National Planning Policy Framework.  

 

8.       Prior to the development being brought in to use the cycle and vehicle parking facilities as shown on drawing 15987-105 Rev P shall be completed in all respects and thereafter maintained available for use for the duration of the development.  

 

Reason – In the interests of highway safety and to encourage sustainable transport modes.  

 

9.       The development shall be operated in accordance with the submitted Travel Plan unless otherwise agreed in writing by the Local Planning Authority. 

 

Reason – In order to promote sustainable modes of travel.  

 

10.     The approved drainage system shall be implemented in accordance with the approved detailed design prior to the first use of the building commencing. Reference: Design Strategy, DS/01, Issue: Rev P7, Revision: P7, Date: 09/11/2021.  

 

Reason – To ensure that the principles of sustainable drainage are incorporated into this proposal.  

 

11.     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 ley 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 principles of sustainable drainage are incorporated into this proposal.  

 

12.     Prior to, and within two months of, the commencement of the development, the site shall be thoroughly checked by a suitably qualified ecologist to ensure that no protected species, which could be harmed by the development, have moved on to the site since the previous surveys were carried out. Should any protected species be found during this check, full details of mitigation measures to prevent their harm 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 mitigation scheme.  

 

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.  

 

13.     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 aim to achieve sustainable development as set out in Section 15 of the National Planning Policy Framework.

 

14.     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 Cherwell Local Plan 1 996 and Section 15 of the National Planning Policy Framework.

  

(2)      That it further be agreed that if the statutory determination period for application  21/02286/F expired on 15 February 2022 and if the Section 106 agreement/undertaking was not completed and the permission was not able to be issued by 14 February 2022 and no extension of time had been agreed between the parties, authority be delegated to the Assistant Director of Planning and Development to refuse application 21/02286/F 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 highway mitigation works required as a result of the development and necessary to make the impacts of the development acceptable in planning terms, contrary to Government Guidance contained with the National Planning Policy Framework.