Agenda item

Approved, subject to the S106 agreement and conditions, details to be set out in the minutes.

The Committee considered application 21/03639/F for a replan of the western part of the residential development permitted through Reserved Matters application 19/00895/REM for the delivery of 107 dwellings at OS Parcels 6741 and 5426 West Cricket Field, North Wykham Lane, Bodicote for Miss Olivia Morris.

 

Tom Hockaday, a local resident, addressed the committee in objection to the application.

 

Sam Silcocks, agent, addressed the committee in support of the application.

 

In reaching its decision the committee considered the officers’ report and presentation 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 21/03639/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, (and any amendments as deemed necessary):

 

          S106 HEADS OF TERMS

 

·       Provision of and commuted sum for burial ground provision

·       Provision of additional allotment provision to serve the additional units

·       Off-site outdoor sports facilities capital provision – to serve the additional units.

·       On-site sports provision contribution for additional maintenance towards the existing facility to be provided on site of £15,349.97 (plus indexation)

·       Off-site indoor sports facilities – towards indoor tennis centre and/or improvements of leisure centre provision in the locality

·       Community hall facilities – in respect of the additional units

·       Contribution to bins

·       Affordable housing provision on site

·       Monitoring fee contribution towards the Council’s (both district and county) costs of monitoring compliance with the agreement or undertaking

·       Public transport contribution to serve the additional units towards bus services through the site

·       Public transport infrastructure uplift in accordance with the original obligation to serve the additional units

·       Secondary education capacity contribution and contribution towards the expansion of BGN secondary school

 

ii)   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: [to be inserted once received and agreed]

 

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.              Notwithstanding the landscaping proposals submitted, prior to the commencement of any development above slab level, a scheme for landscaping the site shall be submitted to and approved in writing by the local planning authority. The landscaping scheme shall include: (i) details of proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas and written specifications (including cultivation and other operations associated with plant and grass establishment, i.e depth of topsoil, mulch etc.(ii) details of the hard landscaping including hard surface areas, pavements, pedestrian areas and any steps etc. The approved scheme shall be implemented by the end of the first planting season following occupation of the development.

 

Reason: To ensure that a satisfactory landscape scheme is provided in the interest of well planned development and visual amenity and to accord with Policy ESD15 of the adopted Cherwell Local Plan 2011-2031 and saved Policy C28 of the adopted Cherwell Local Plan 1996 and Government guidance within the National Planning Policy Framework.

 

4.              Prior to the commencement of any development above slab level, a material plan shall be submitted to and approved in writing by the Local Planning Authority. Notwithstanding the materials plan submitted, all materials of construction relating to (i) all access roads, driveways, parking courts, parking areas and footpaths (ii) all dwellings, garages and other buildings and structures (iii) shall be in accordance with the use of materials already agreed under 18/00895/REM, unless otherwise agreed in writing. The development shall be carried out in accordance with the approved materials plan.

 

Reason: In the interests of the visual appearance of the development and to comply with Policy ESD15 of the adopted Cherwell Local Plan 2011-2031. The Council’s adopted Residential Design Guide SPD 2018 and Government guidance within the National Planning Policy Framework.

 

5.              If alternative materials to those in condition 4 above are proposed, prior to the commencement of any dwelling or garage above slab level, samples of any alternative roofing materials and sample panels (minimum size 1m2) of the alternative bricks/natural ironstone shall be constructed on site to be inspected and approved in writing by the Local Planning Authority. Thereafter, the external walls of the relevant dwellings, garages and boundary walls shall be constructed in accordance with the approved sample panels. The sample panels shall be retained on site for the duration of the construction of the development.

 

Reason: In the interests of the visual appearance of the development and to comply with Policy ESD15 of the adopted Cherwell Local Plan 2011-2031, the Council’s adopted Residential Design Guide SPD 2018 and Government guidance within the National Planning Policy Framework.

 

6.              No dwellings shall be constructed above slab level until details of a site-wide biodiversity enhancement strategy has been submitted to and approved in writing by the Local Planning Authority. Such details shall include the provision of habitat boxes/bricks for bats, swifts and other birds; the provision of hedgehog passages; the provision of boundary treatments to facilitate the movement of wildlife; and a timetable for the enhancements to take place. The development shall be carried out in accordance with the approved details and timetable and thereafter maintained in accordance with this condition.

 

Reason: To enhance biodiversity in accordance with Policy ESD10 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.

 

7.              Prior to commencing any works in respect of landscaping, final details, locations, specifications and construction methods for all purpose-built tree pits and above ground features, to include the installation of below ground, load bearing cell structured root trenches, rot barriers, irrigation systems and a stated volume of suitable growing medium to promote the healthy development of the proposed trees, 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 and specifications.

 

Reason: In the interests of the visual amenities of the development, the long-term survival of the trees, to ensure the creation of a pleasant environment, and to comply with Policy ESD15 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.

 

8.              Prior to the first occupation of any dwelling on the site, a Travel Plan. Prepared in accordance with the Department of Transport’s Best Practice Guidance Note ‘Using the Planning Process to Secure Travel Plans’ and its subsequent amendments. shall be submitted to and approved in writing by the Local Planning Authority. The approved Travel Plan shall thereafter be implemented and operated in accordance with the approved details.

 

Reason: In the interests of sustainability and to accord with Government guidance within the National Planning Policy Framework.

 

9.              No development shall be occupied until confirmation has been provided that either:- (i) Foul Water Capacity exists off-site to serve the development; or (ii) A Development and Infrastructure Phasing Plan has been agreed with the Local Planning Authority in consultation with Thames Water. 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; or (iii) All Foul water network upgrades required to accommodate the additional flows from the development have been completed.

 

Reason: Network reinforcement works may be required to accommodate the proposed development. Any reinforcement works identified will be necessary in order to avoid sewage flooding and/or potential pollution incidents.

 

10.           No development shall be occupied until confirmation has been provided that either:- (i) all water network upgrades required to accommodate the additional flows to serve the development have been completed; or (ii) 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.

 

11.           The drainage strategy for the site shall be carried out in accordance with the drainage report dated 25.03,2022 and drawing number 957-00-001 Rev A.

 

Reason: To ensure the development is served by sustainable arrangements for the disposal of surface water, to comply with Policy ESD6 of the Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.

 

12.           Prior to the commencement of any development hereby approved, an Energy Statement shall be submitted to and approved in writing by the Local Planning Authority, demonstrating how each dwelling hereby approved, will achieve a 19% reduction in carbon emissions above 2013 Building regulations and a water efficiency of not more than 110 litres/person/day. The development shall thereafter be carried out in accordance with the approved energy strategy.

 

Reason: In the interests of creating sustainable new development in accordance with the requirements of Policies ESD1, ESD2, ESD£, ESD4 and ESD5 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the National Planning Policy Framework.

 

13.           That prior to the occupation of any dwelling, it shall be provided with an electric vehicle charging point.

 

Reason: in the interests of sustainability and reducing carbon footprints and to accord with Policy Esd3 of the adopted Cherwell Local Plan 2011-32031 and Government guidance within the National Planning Policy Framework.

 

14.           Notwithstanding the information shown on the approved plans, all casement windows to be installed on the dwellings and garages within the development shall be side hung, balanced casements of equal proportions unless alternative details are first submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure the satisfactory appearance of the completed development and to comply with Policy ESD 15 of the adopted Cherwell Local Plan 2011-2031, saved Policy C28 of the adopted Cherwell Local Plan 1996, the Council’s adopted Residential Design Guide SPD 2018 and Government guidance within the National Planning Policy Framework.

 

15.           All windows and doors to be installed within the development shall be recessed a minimum of 75mm within the window and door surrounds, unless alternative details are first submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure the satisfactory appearance of the completed development and to comply with Policy ESD15 of the adopted Cherwell local Plan 2011-2031, the Council’s adopted Residential Design Guide SPD 2018 and Government guidance within the National Planning Policy Framework.

 

16.           All dwellings and garages shall be constructed using simple mortared edges to roof edges and no overhang, and clipped eaves and gutters fitted tight to the walls or brackets or sprockets, unless alternative details are first submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure the satisfactory appearance of the completed development and to comply with Policy ESD15 of the adopted Cherwell Local Plan 2011-2031, the Council’s adopted Residential Design Guide SPD 2018 and Government guidance within the National Planning Policy Framework.

 

17.           Notwithstanding the provisions of Class A of Part 2, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 and its subsequent amendments, no gate, wall, fence or other means of enclosure shall be erected or constructed or placed between any dwelling and the highway or within the curtilages of dwellings if forward of a principal elevation without the prior express consent of the Local Planning Authority.

 

Reason: To retain the character and appearance of the development and in the interests of highway safety, to comply with Policy ESD15 of the adopted Cherwell Local Plan 2011-2031 and Government guidance within the National Planning policy Framework.

 

18.           Notwithstanding the provisions of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 and its subsequent amendments the garages, car ports and drive-throughs serving parking areas shown on the approved plans shall be retained and maintained for the parking and manoeuvring of vehicles and storage of cycles at all times and shall not be converted to provide additional living accommodation without the express planning permission of the Local Planning Authority.

 

Reason: To ensure that satisfactory provision is made for parking and access, and the parking of safe undercover storage of cycles clear of the highway, in accordance with Government guidance within the National Planning Policy Framework.

 

(2)    That it further be agreed that if the Section 106 Agreement/undertaking was not completed and the permission was not able to be issued, and, no extension of time be agreed between the parties, authority be delegated to The Assistant Director for Planning and Development to refuse application 21/03639/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 infrastructure 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 INF 1 of the adopted Cherwell Local Plan 2011-2031, Government guidance within the NFFF and CDC Planning Obligations SPD 2018.